Agenda of Regional Planning Committee

Meeting of the Regional Planning Committee

Date: Wednesday 10 March 2021

Time: 1.30pm

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

Agenda

Item Title Page

1. Welcome/Notices/Apologies

2. Conflict of Interest Declarations

3. Confirmation of Minutes of the Regional Planning Committee meeting held on 14 October 2020

4. Tātau Tātau o Te Wairoa - Post Settlement Governance Entity Presentation

5. Follow-ups from Previous Regional Planning Committee Meetings 3

6. Call for Minor Items Not on the Agenda 7

Decision Items

7. Regional Planning Committee Tangata Whenua Representation on Council’s Committees 9

8. Kotahi Project Principles 19

Information or Performance Monitoring

9. Resource Management Reform Announcements by Government 25

10. Resource Management Policy Projects March 2021 Update 31

11. March 2021 Statutory Advocacy Update 35

12. Discussion of Minor Matters Not on the Agenda 43

Decision Items (Public Excluded)

13. Long Term Plan 2021- 31 Development Update 45

Parking

There will be named parking spaces for Tangata Whenua Members in the HBRC car park – entry off Vautier Street.

Regional Planning Committee Members

Name	Represents
Karauna Brown	Te Kopere o te Iwi Hineuru
Tania Hopmans	Maungaharuru-Tangitu Trust
Tania Huata	Ngati Pahauwera Development and Tiaki Trusts
Nicky Kirikiri	Te Toi Kura o Waikaremoana
Joinella Maihi-Carroll	Mana Ahuriri Trust
Mike Mohi	Ngati Tuwharetoa Hapu Forum
Liz Munroe	Heretaunga Tamatea Settlement Trust
Peter Paku	Heretaunga Tamatea Settlement Trust
Apiata Tapine	Tātau Tātau o Te Wairoa
Rick Barker	Hawke’s Bay Regional Council
Will Foley	Hawke’s Bay Regional Council
Craig Foss	Hawke’s Bay Regional Council
Rex Graham	Hawke’s Bay Regional Council
Neil Kirton	Hawke’s Bay Regional Council
Charles Lambert	Hawke’s Bay Regional Council
Hinewai Ormsby	Hawke’s Bay Regional Council
Martin Williams	Hawke’s Bay Regional Council
Jerf van Beek	Hawke’s Bay Regional Council

Total number of members = 18

Quorum and Voting Entitlements Under the Current Terms of Reference

Quorum (clause (i))

The Quorum for the Regional Planning Committee is 75% of the members of the Committee

At the present time, the quorum is 14 members (physically present in the room).

Voting Entitlement (clause (j))

Best endeavours will be made to achieve decisions on a consensus basis, or failing consensus, the agreement of 80% of the Committee members present and voting will be required. Where voting is required all members of the Committee have full speaking rights and voting entitlements.

Number of Committee members present Number required for 80% support

18 14

17 14

16 13

15 12

14 11

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 10 March 2021

SUBJECT: Regional Planning Committee Tangata Whenua Representation on Council’s Committees

Reason for Report

1. This item provides the means for the Regional Planning Committee to appoint tangata whenua representatives to Council and its standing Committees.

Background

2. Traditionally, the Council has had tangata whenua representatives of the RPC on:

2.1. the Environment and Integrated Catchments Committee (1)

2.2. the Corporate and Strategic Committee (1)

2.3. the Hearings Committee (2 x RMA Making Good Decisions accredited).

3. Statute does not allow for the provision of a voting appointment to the Council itself; however, a representative – usually the RPC Chairperson, with full speaking rights is also able to be appointed to attend Council meetings.

4. Tangata whenua representatives provide tangata whenua views and valuable input into the issues considered by Council and Council Committees, as well as providing feedback to the RPC on wider Council activities outside of the scope of the RPC RMA functions.

Regional Planning Committee appointments to Council Committees

5. The Tangata Whenua Hui on 17 March 2020 decided to nominate one member to represent the RPC across all of the Council Committees involved. This was seen as a consistent move to ensure a seamless reporting process for both tangata whenua and the Council. The appointment of Api Tapine was confirmed at a meeting between Rex Graham, James Palmer, the RPC Co-chair and Deputy Co-chair on 18 March 2020.

6. Api Tapine was confirmed as the appointed RPC tangata whenua representative by Council on 25 July 2021 along with the appointment of Tania Huata as the RPC’s second representative on the Hearings Committee.

7. Subsequently, on 18 November 2020, Api Tapine resigned as the RPC representative on the Council and Council Committees, retaining his role as a member of the RPC only, resulting in the requirement for the RPC to now appoint a new representative or representatives in his place.

8. The Terms of Reference for the Council committees are attached to aid tangata whenua representatives in considering whether they wish to express interest in representing the Regional Planning Committee on a particular committee.

Financial and Resource Implications

9. The remuneration for tangata whenua representatives’ attendance at meetings other than the Regional Planning Committee itself is currently $452 per meeting, plus associated travel costs. This is paid upon submission of a travel claim form.

10. This is considered to be fair and reasonable and is the same remuneration paid to Māori Committee representatives performing the same roles. This per meeting remuneration is in addition to the remuneration paid for the role of tangata whenua Regional Planning Committee member, currently $13,750 per annum.

11. This remuneration is within the budgets provided in the Māori Partnerships cost centre.

Decision Making Process

12. Council and its Committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

12.1. The decision does not significantly alter the service provision or affect a strategic asset.

12.2. The use of the special consultative procedure is not prescribed by legislation.

12.3. The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

12.4. The decision is not inconsistent with an existing policy or plan, and is within Council’s purview in accordance with:

12.4.1. LGA s81(1) A local authority must (a) establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority, and (b) consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority.

12.5. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Regional Planning Committee:

1. considers the “Regional Planning Committee Tangata Whenua Representation on Council’s Committees” staff report and nominates tangata whenua representatives to Council Committees as follows.

1.1. ____________________ as a member of the Environment and Integrated Catchments Committee

1.2. ____________________ as a member of the Corporate and Strategic Committee

1.3. ____________________ as a member of the Hearings Committee in addition to Tania Huata as previously appointed

1.4. ____________________ as a representative on the Hawke’s Bay Regional Council, with speaking rights only.

2. Confirms that the remuneration to be paid for attendance at Regional Council and Committee meetings is $452 per meeting plus associated travel cost reimbursement. This will be paid upon approval of an eligible travel claim form submitted by the tangata whenua representative.

3. Recommends that Hawke’s Bay Regional Council:

3.1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

3.2. formally confirms the appointments above.

Authored by: Approved by:

Leeanne Hooper

Team Leader Governance

Pieri Munro

Te Pou Whakarae

Attachment/s

⇩1	Corporate and Strategic Committee Terms of Reference
⇩2	Environment and Integrated Catchments Committee
⇩3	Hearings Committee Terms of Reference

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 10 March 2021

Subject: Kotahi Project Principles

Reason for Report

1. This item presents the proposed Project Principles that will govern how the Kotahi Plan will be progressed. These principles were discussed at a RPC workshop on 9 December 2020.

2. The purpose of developing the Project Principles is to ensure that a clear foundation is developed from the outset to guide both staff and decision makers in the Plan development. The principles will establish a common understanding to direct how we engage and make decisions. This will be agreed by the RPC.

3. The Project Principles are intended to endure for the lifetime of the project and will be a benchmark for those involved in the project to which they will be held to account.

Officers’ Recommendation

4. Council officers recommend that the Regional Planning Committee (RPC) considers the options presented and agrees and adopts a set of Project Principles to ensure a common understanding, for both staff and decision makers, of how the Kotahi Plan will be progressed.

Executive Summary

5. Staff propose that the RPC adopts a set of principles for both the development and decision making required to support Kotahi (the Project). The Project Principles will focus on the process rather than trying to define the product or outcome.

6. Project Principles for Kotahi will provide a common understanding of how the Kotahi Plan will be progressed for both staff and decision makers. The principles will be the essential foundation or code of practice for Kotahi project staff and a benchmark to which those involved in the plan development and decision making can be held accountable.

7. An RPC workshop on 9 December 2020 determined the 10 principles following.

7.1. Tangata whenua leads the process

7.2. He waka hourua

7.3. Realism

7.4. Māori communications – communicating to the Māori community

7.5. Following Treaty of Waitangi principles

7.6. Timing and advance notice to the RPC about when decisions need to be made

7.7. Resourcing

7.8. No new Western science

7.9. Focus on the destination

7.10. Transformational.

8. Ngāti Pāhauwera shared a Behavioural Competencies model (a set of principles they have developed with other contributors) at a Mohaka hui attended by Ngati Hineuru, Ngati Tuwharetoa, Heretaunga Tamatea Settlement Trust, Councillor Graham, James Palmer and key staff (10 December 2020). Those in attendance considered there were parallels with the draft principles explored by the RPC the previous day and saw that this could further strengthen the Project Principles.

9. Staff have considered each set of principles and see merit in both. As a result, staff are recommending a third option, Option C for RPC adoption. This option draws on the strengths of both models, weaving together the approaches to form a common set of Project Principles for Kotahi which is clear, concise and fit for purpose.

Background /Discussion

10. Kotahi is a single regional resource management plan which considers environmental issues and solutions in a more holistic way than standalone freshwater plans and reflects a ki uta ki tai approach for resource management in the Hawke’s Bay region. A paper on Kotahi was discussed at the RPC on 14 October 2020.

11. Staff proposed that the RPC supports a set of principles for both the development and decision making required to support Kotahi (the Project). The Project Principles are intended to provide a common understanding of how the Kotahi Plan will be progressed for both staff and decision-makers.

12. At the workshop it was outlined that the project principles should focus on the process rather than trying to define the product or outcome. Many aspects of the “product” (a single resource management plan) have been determined by central government. For example, the Resource Management Act 1991, National Policy Statements, National Environmental Standards and National Planning Standards direct the Regional Council on what we must include and by when. The Project Principles will be the foundation of how we develop Kotahi and how we make decisions

13. In the context of the NPSFM 2020, Te Mana o te Wai encompasses six principles relating to the roles of tangata whenua and other New Zealanders in the management of freshwater, which inform the NPSFM 2020 and its implementation. Although Kotahi Project Principles may overlap with the intent of Te Mana o Te Wai, staff consider the project principles to be distinct and specific to the development of Kotahi, which has far greater scope than a freshwater plan focus.

Why do we need project principles?

14. The Kotahi Project will span multiple years, a local government election, potential staff turnover, and changes to central government direction and Resource Management reform. Project principles provide an opportunity to bring stability, consistency and enduring intention to the project, regardless of what changes occur throughout the duration of the project.

15. The principles will be the essential foundation or code of practice for Kotahi project staff and a benchmark to which those involved in the plan development and decision making can be held accountable.

RPC Workshop - 9 December 2020

16. A RPC workshop on 9 December 2020 determined the following Project Principles.

16.1. Tangata whenua leads the process

16.2. He waka hourua (translates as the double hulled canoe – intended to mean a partnership where two people/groups are working together towards the same common goal/objective, but also recognising that they are different and retaining their own sense of identity)

16.3. Realism (definition - the attitude or practice of accepting a situation as it is and being prepared to deal with it accordingly)

16.4. Māori communications – communicating to the Māori community

16.5. Following Treaty of Waitangi principles - partnership, active protection, participation ^{^[1]}

16.6. Timing and advance notice to the RPC about when decisions need to be made

16.7. Resourcing – appropriate to the task, both for the organisation and for tangata whenua

16.8. No new Western science

16.9. Focus on the destination

16.10. Transformational – this referred to the marked nature of change which is required for the Council to meet its statutory obligations, the way in which we are proposing to meet the required outcomes working in partnership with iwi, and the journey which we will traverse together.

Mohaka hui – 10 December 2020

17. The day after the Project Principles workshop, a Mohaka catchment focused hui was held. This was attended by Ngati Pāhauwera, Ngati Hineuru, Ngati Tuwharetoa, Heretaunga Tamatea Settlement Trust, Councillor Rex Graham, James Palmer and key HBRC staff. The Kotahi Project Principles were discussed during this hui and as a consequence Toro Waaka shared a copy of Behavioural Competencies which Ngati Pāhauwera have identified as a tool for measuring the value of key crown relationships. The competencies are:

17.1. Communication – access to timely and consistent information, fit for purpose, tailored for the partnership

17.2. Relationship Management – consistent with the values of partnership, active involvement, relationship led mana to mana

17.3. Results orientation – empowering the achievement of mutual results, decision making over key matters, equitable citizen rights, place-based solutions

17.4. Awareness of operational settings – way of working, progress focused – effective snapshots of interactions and work programme, priorities and focus, capability and capacity, resourcing

17.5. Core competencies of Māori engagement – Partnership and Treaty knowledge, delegated authority, working understanding of status of Māori groups, interests and priorities, performance frameworks to ensure agents and results are working well.

18. Those present at the hui agreed that there were a number of similarities between the Kotahi Project Principles and the Behavioural Competencies. It was also agreed that the Ngati Pāhauwera Behavioural Competencies were not restricted to Ngati Pāhauwera/central government relationships and that they could equally be applied to any iwi/local government working relationship. The discussion at the Mohaka hui was positive and supported the direction and discussion held RPC workshop and the draft Principles which the RPC identified.

Options Assessment

19. Given that there is strength and merit in both the RPC and Ngati Pāhauwera principles staff are suggesting that a combination of the two would be a suitable fit for the project moving forward. Upon reflection ‘transformational’ is not considered to be a project principle but rather the recognition that there is much mahi ahead for all involved, and an appreciation that these are unprecedented times, calling for a change to the way in which we work. It is important to acknowledge this as without this knowledge it would be difficult to keep everyone focused, ensuring that both staff and decision makers are aware of the challenge ahead, requiring them to come together on this journey to achieve a common goal.

20. Table 1 below sets out three options. Option A provides the Behavioural Competencies (Ngati Pāhauwera) alongside the draft RPC Principles (Option B). There has been an attempt to align these (across the rows) where there are obvious parallels, however noting that in the instance of the Treaty Principles this is represented in more than one place.

21. The column on the right hand side of the table Option C, looks to draw upon both models and suggests principles for adoption. It is the staff recommendation that these be adopted by the RPC as the Kotahi Project Principles.

Table 1. Project Principle Options

Option A (Ngāti Pāhauwera) Behavioural Competencies	Option B (RPC workshop) RPC draft Principles	Option C (staff recommend) Kotahi Project Principles
Communication – access to timely and consistent information, fit for purpose, tailored for the partnership	Māori communications – communicating to the Māori community Timing and advance notice to the RPC about when decisions need to be made	Communication · Timely · Consistent information · Fit for purpose · Tailored to the audience
Relationship Management – consistent with the values of partnership, active involvement, relationship led mana to mana	He waka hourua (translates as the double hulled canoe – intended to mean a partnership where two people/groups are working together towards the same common goal/objective, but also recognising that they are different and retaining their own sense of identity) Tangata whenua leads the process Following Treaty of Waitangi principles - partnership, active protection, participation	Relationship Management · Partnership · Active involvement · Respect of values · Recognition of differences and · Retention of identity · Tangata whenua led components
Results orientation – empowering the achievement of mutual results, decision making over key matters, equitable citizen rights, place based solutions	Realism (definition - the attitude or practice of accepting a situation as it is and being prepared to deal with it accordingly) Focus on the destination	Outcome/results focused · Decision making on key matters · Realism · Agile
Awareness of operational settings – way of working, progress focused – effective snapshots of interactions and work programme, priorities and focus, capability and capacity, resourcing	No new Western science Resourcing – appropriate to the task, both for the organisation and for tangata whenua	Operational Awareness · Priorities · Progress focused · Work programme · Resourcing · Matauranga Māori · Policy direction & change · Limitations & constraints
Core competencies of Māori engagement – Partnership and Treaty knowledge, delegated authority, working understanding of status of Māori groups, interests and priorities, performance frameworks to ensure agents and results are working well	Following Treaty of Waitangi principles - partnership, active protection, participation	Core competencies of Māori engagement · Commitment to build capacity and capability · Understanding of values, interests and priorities · Knowledge of Treaty of Waitangi

Option A (Ngāti Pāhauwera)

Behavioural Competencies

Option B (RPC workshop)

RPC draft Principles

Option C (staff recommend)

Kotahi Project Principles

Communication – access to timely and consistent information, fit for purpose, tailored for the partnership

Māori communications – communicating to the Māori community

Timing and advance notice to the RPC about when decisions need to be made

Communication

· Timely

· Consistent information

· Fit for purpose

· Tailored to the audience

Relationship Management – consistent with the values of partnership, active involvement, relationship led mana to mana

He waka hourua (translates as the double hulled canoe – intended to mean a partnership where two people/groups are working together towards the same common goal/objective, but also recognising that they are different and retaining their own sense of identity)

Tangata whenua leads the process

Following Treaty of Waitangi principles - partnership, active protection, participation

Relationship Management

· Partnership

· Active involvement

· Respect of values

· Recognition of differences and

· Retention of identity

· Tangata whenua led components

Results orientation – empowering the achievement of mutual results, decision making over key matters, equitable citizen rights, place based solutions

Realism (definition - the attitude or practice of accepting a situation as it is and being prepared to deal with it accordingly)

Focus on the destination

Outcome/results focused

· Decision making on key matters

· Realism

· Agile

Awareness of operational settings – way of working, progress focused – effective snapshots of interactions and work programme, priorities and focus, capability and capacity, resourcing

No new Western science

Resourcing – appropriate to the task, both for the organisation and for tangata whenua

Operational Awareness

· Priorities

· Progress focused

· Work programme

· Resourcing

· Matauranga Māori

· Policy direction & change

· Limitations & constraints

Core competencies of Māori engagement – Partnership and Treaty knowledge, delegated authority, working understanding of status of Māori groups, interests and priorities, performance frameworks to ensure agents and results are working well

Following Treaty of Waitangi principles - partnership, active protection, participation

Core competencies of Māori engagement

· Commitment to build capacity and capability

· Understanding of values, interests and priorities

· Knowledge of Treaty of Waitangi

Strategic Fit

22. The Policy and Planning work programme aligns closely with the Council’s Strategic Plan. All four pillars of the Strategic Plan (Water, Land, Biodiversity, Infrastructure & Services) will be reflected within Kotahi in some form, albeit noting it is not the intention to replicate the Strategic Plan or any of the other organisational workstreams which are already in place to deliver on strategic outcomes.

23. Kotahi must be aligned with the National Planning Standards and will provide objectives, policies and rules within a number of mandatory and optional chapters to manage natural resources for the region under the Resource Management Act 1991.

Climate Change Considerations

24. The Kotahi Plan will need to address climate change, including through the requirements set in the reforms to the Resource Management Act made in mid-2020 and the NPS-FM 2020.

Considerations of Tangata Whenua

25. The proposed Kotahi Project Principles are intended to support and provide a long enduring commitment to the way HBRC works with tāngata whenua. Tāngata whenua will be actively involved in the Kotahi Plan development and in the decision making.

Financial and Resource Implications

26. There are significant budgetary requirements for the development of the Kotahi Plan, these are provided for in the current Policy and Planning budget and additional resources are being sought in the forthcoming LTP to support this work programme.

Decision Making Process

27. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

27.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.

27.2. The use of the special consultative procedure is not prescribed by legislation.

27.3. The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

27.4. The persons affected by this decision are all persons with an interest in the Region’s management of natural and physical resources under the RMA.

27.5. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Regional Planning Committee

1. Receives and considers the ‘Kotahi Project Principles’ staff report.

2. Agrees that the decisions to be made are not significant under the criteria contained in Hawke’s Bay Regional Council’s adopted Significance and Engagement Policy, and that the Committee can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

3. Adopts Option C as the Kotahi Project Principles to ensure a common understanding of how the Kotahi Plan will be progressed providing a foundation/code of practice for both staff and decision-makers.

Authored by:

Ceri Edmonds

Manager Policy and Planning

Melanie Taiaroa

Senior Advisor Maori Partnerships

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 10 March 2021

Subject: Resource Management Reform Announcements by Government

Reason for Report

1. The Regional Planning Committee’s Co-Chairs have asked staff to prepare and present an overview of the Government’s proposals for resource management reform and repeal of the Resource Management Act (RMA). The Government made some announcements on 10 February 2021.

2. At this time, no submissions or feedback is invited as Parliamentary bills have yet to be released. This will happen later in 2021-22.

3. This report to the Regional Planning Committee is for information purposes only. No decision is required, nor sought. Much of the content of this report has been sourced from information on the Ministry for the Environment (MFE) website.

Executive Summary

4. Previous RPC activity on Government’s Resource Management Reforms:

4.1. Staff reports = NIL (other than earlier overviews of RM Review Panel’s Reporting in July 2020)

4.2. RPC decision-making resolutions = NIL

5. Key web links to additional materials and resources:

5.1. RMA to be repealed and replaced – Media release from Environment Minister Hon David Parker

5.2. Reforming the Resource Management System – Ministry for the Environment webpage

5.3. Resource Management System reform: Supporting information – MFE webpage

5.4. Example of letter (dated 10 Feb 2021) from Hon David Parker to iwi entities

5.5. Recommendations and report of the independent Resource Management Review Panel (July 2020).

6. Key things to note about the Government’s announcements:

6.1. The Government plans to repeal the RMA and replace it with three new pieces of legislation. These are yet to be drafted and released.

6.2. The three new Acts will be the:

6.2.1. Natural and Built Environments Act (NBA) to provide for land use and environmental regulation (this would be the primary replacement for the RMA)

6.2.2. Strategic Planning Act (SPA) to integrate with other legislation relevant to development, and require long-term regional spatial strategies

6.2.3. Climate Change Adaptation Act (CAA) to address complex issues associated with managed retreat and funding and financing adaptation.

6.3. The Government’s intention is to complete this reform within the current term of government, i.e. by 2023.

6.4. The reform proposals are based on recommendations published in July 2020 from the Resource Management Review Panel led by former Appeal Court Judge Tony Randerson.

6.5. The Government is instigating a special process to progress the reforms at pace.

6.6. A special select committee inquiry will consider an exposure draft of the NBA Bill from mid-2021. This will include the most important elements of the legislation, including the replacement of Part 2 of the RMA.

6.7. The reforms would reduce the 100+ RMA council planning documents down to around 14. One covering the Hawke’s Bay region.

6.8. Central government, councils and mana whenua would work together to prepare that single combined plan.

7. Publicly released Cabinet papers indicate that the Government will work with a collective^{^[2]} of pan Māori entities on key elements of the NBA including the strengthened recognition of tikanga Māori and Te Tiriti o Waitangi.

8. Ministers and Cabinet agree continued engagement with local government will also be crucial. A number of senior Regional Council staff will be involved in those discussions.

Further description of announced reforms

9. The three proposed new pieces of legislation to replace the RMA are as follows:

Natural and Built Environments Act (NBA)

10. This is the core piece of legislation to replace the RMA. The purpose of the NBA is to enhance the quality of the environment to support the wellbeing of present and future generations (although exact wording is still being drafted).

11. This would be achieved by:

11.1. promoting positive outcomes for both the natural and built environments

11.2. ensuring that use, development and protection of resources only occur within prescribed environmental limits

11.3. ensuring adverse effects of activities on the environment are avoided, remedied or mitigated.

12. Under the NBA, central government’s proposed new National Planning Framework^{^[3]} will provide a set of mandatory national policies and standards on specified aspects of the new system. These will include environmental natural limits, outcomes and targets.

13. The NBA would significantly rationalise the number of regional and district plans from over 100 to around 14 – one for each region. This was a recommendation of the Randerson Report. These NBA plans are intended to shift the focus of decision-making away from resource consents. Some type of consenting regime would remain.

Strategic Planning Act (SPA)

14. The SPA provides a strategic and long-term approach to how we plan for using land and the coastal marine area.

15. Long-term spatial strategies in each region would apply a 30-year horizon and identify areas that:

15.1. will be suitable for development

15.2. need to be protected or improved

15.3. will need new infrastructure and other social needs

15.4. are vulnerable to climate change effects and natural hazards such as earthquakes.

16. The regional strategies would enable more efficient land and development markets to improve housing supply, affordability and choice, and climate change mitigation and adaptation. The strategies would promote joined-up strategic planning under other legislation such as Local Government Act, Land Transport Management Act and the Climate Change Response Act.

Climate Change Adaptation Act (CAA)

17. This Act would support New Zealand’s response to the effects of climate change. It would address the complex legal and technical issues associated with managed retreat and funding and financing adaptation.

Objectives of resource management reform as agreed by Cabinet

18. Together this suite of legislation will:

18.1. protect and restore the environment and its capacity to provide for the wellbeing of present and future generations

18.2. better enable development within natural environmental limits

18.3. give proper recognition to the principles of Te Tiriti of Waitangi and provide greater recognition of te ao Māori including mātauranga Māori

18.4. better prepare for adapting to climate change and risks from natural hazards, and better mitigate emissions contributing to climate change

18.5. improve system efficiency and effectiveness, and reduce complexity while retaining appropriate local democratic input.

Basis for the reform

19. The reform is based on the findings of the comprehensive review of the resource management system which were released last year. The review was carried out by the independent Resource Management Review Panel led by Hon Tony Randerson, QC. It is the most significant, broad-ranging and inclusive review of the resource management system since the RMA was enacted. The Panel released its report and extensive recommendations in July 2020.

Reform process

20. May–Sept 2021: An exposure draft of the Natural and Built Environment Bill will be agreed by Cabinet and then referred to a special select committee inquiry. The exposure draft is an uncommon method, but is intended to ‘test’ key features of the Bill prior to further drafting.

The Strategic Planning Bill and Climate Change Adaptation Bill will be developed in a parallel process with the latter managed out of the Minister for Climate Change office.

21. Dec 2021: The Natural and Built Environments Bill and the Strategic Planning Bill will be introduced to Parliament in late 2021. A standard select committee process will consider them. The Climate Change Adaptation Act will be developed in a similar timeframe.

22. 2022: Select committee processes on all three pieces of legislation. This will include the opportunity for public submissions.

23. Dec 2022: It is intended that all three pieces of legislation are passed by the end of 2022.

24. Interested parties are encouraged to participate in the upcoming Select Committee processes. The first one is expected to begin in the middle of this year with the exposure draft of the NBA considered by the special select committee inquiry.

25. Members of the Hawke’s Bay Regional Council’s Policy team are actively monitoring the Government’s further developments of the reform process. Senior council staff are also actively engaged at various levels in shaping the Government’s engagement with local government and the regional sector’s interests in particular.

Implications for Hawke’s Bay

26. There is no express intention that the resource management reform be associated with structural change of local government. MFE’s website says this about the proposals and role of local government in future:

“Reform of local government was outside of the terms of reference of the resource management review and is not covered in the Panel’s recommendations. There are no plans for institutional changes to local government in the reform of the resource management system.”

27. Further, the same MFE webpage records that:

“To ensure [the reform both avoids unintended consequences for, and upholds the integrity of natural resource arrangements agreed by Māori and the Crown], the Crown will engage with affected Post-Settlement Governance Entities to discuss how their settlement arrangements will be carried over into a new system.”

28. Nonetheless, rationalisation of regional and district planning documents under the RMA to just one^{^[4]} for the Hawke’s Bay region will certainly have implications for roles that the Regional Council and RPC currently have in overseeing preparation of RMA regional plans and the regional policy statement. A committee of some form would be responsible for preparation of that single combined plan and any subsequent changes to it. Details are not publicly available yet on the Government’s thinking about how a joint committee of councils and tāngata whenua might work together to prepare a single plan for the region under the new NBA.

29. The reform’s intent of these new outcome-focused combined single plans for each region is to lift the focus of decision-making up and away from resource consents. By this, there would be fewer consents needed overall and a clearer basis for deciding consents.

30. Until public release of the exposure draft and drafts bills, additional implications (both positive and negative) run the risk of speculation, and require various assumptions to be made. The devil in the detail of the reforms will become more apparent after mid-2021 when the bills are drafted.

Decision Making Process

31. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That the Regional Planning Committee receives and notes the “Resource Management Announcements by Government” staff report.

Authored by: Approved by:

Gavin Ide

Principal Advisor Strategic Planning

Katrina Brunton

Group Manager Policy & Regulation

[1] There is no final and complete list of treaty principles. In 1983 the Waitangi Tribunal said, ‘The spirit of the Treaty transcends the sum total of its component written words and puts literal or narrow interpretations out of place.’).[1]

[2] Cabinet papers identify the Environment Minister intends engaging with the newly formed Maori Collective. The Maori Collective is described in the Cabinet Paper as “comprising the National Iwi Chairs Forum (through its Freshwater Iwi Leaders Group), New Zealand Maori Council, Te Wai Maori Trust, and the Federation of Maori Authorities. The Collective has been formed to engage with the Crown on Maori rights and interests in freshwater and resource management reform.

^{^[3]} A mandatory set of national policies and standards would support the establishment of the biophysical limits, outcomes and targets specified in the NBA. These are provisionally called the ‘National Planning Framework.’ It is likely to be based at least on existing national direction under the RMA, such as national policy statements, national environmental standards, national planning standards and regulations.

[4] HBRC currently has two key planning documents under the RMA (the Regional Resource Management Plan and the Regional Coastal Environment Plan); CHBDC, HDC, NCC and WDC each have district plans, plus there are parts of the Rangitikei and Taupō district plans applicable within the Hawke’s Bay region.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Long Term Plan 2021- 31 Development Update	s7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

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