Agenda of Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Meeting of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Date: Friday 30 April 2021

Time: 10.00am

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 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 27 November 2020

4. Actions from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee meetings 3

5. Call for Minor Items not on the Agenda 9

Information or Performance Monitoring

6. Project Manager's Update 11

7. Current Coastal Projects Update 15

8. RMA Reform and National Risk Assessment 17

9. Discussion of Minor Items not on the Agenda 23

Decision Items (Public Excluded)

10. Confirmation of Public Excluded Minutes of the Clifton to Tangoio Coastal Hazards Joint Committee meeting held on 27 November 2020 25

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 30 April 2021

Subject: Actions from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Reason for Report

1. To track items raised at previous meetings that require action, a list of outstanding items is prepared for each meeting. All action items indicate who is responsible for each, when it is expected to be completed and a brief status comment.

2. Once the items have been completed and reported to the Committee they will be removed from the list.

Decision Making Process

3. 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 Clifton to Tangoio Coastal Hazards Strategy Joint Committee receives and notes the “Actions from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meetings” report.

Authored by:

Annelie Roets

Governance Advisor

Monique Thomsen

Executive Assistant

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

1 ⇩

Actions for April 2021

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 30 April 2021

Subject: Call for Minor Items not on the Agenda

Reason for Report

1. This item provides the means for Councillors to raise minor matters they wish to bring to the attention of the meeting.

2. Hawke’s Bay Regional Council standing order 9.13 states:

2.1 “A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision, or recommendation about the item, except to refer it to a subsequent meeting for further discussion.”

Decision Making Process

Recommendation

1. That the Clifton to Tangoio Coastal Hazards Strategy Joint Committee accepts the following “Minor Items Not on the Agenda” for discussion as Item 9.

Topic	Raised by

Authored by:

Annelie Roets

Governance Advisor

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

There are no attachments for this report.

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 30 April 2021

Subject: Project Manager's Update

Reason for Report

1. This report provides a general update on project-related matters including workstream updates, tracking against timeframes and communications and engagement activity.

Workstream Updates

2. The key workstreams that form Stage 4 of the Strategy are all progressing.

3. The Design Workstream has developed concept designs and revised costings for the first step of all pathways, and an independent peer review process has been completed by Tonkin & Taylor. Outcomes are in the process of being tested and refined with feedback from community workshops. Specific feedback received to date is discussed under the Communications and Engagement update below.

4. The Funding Workstream has been supporting the Funding Review, being led by Raynor Asher QC. This has involved engagement with staff and Councillors from all Partner Councils. Mr Asher will be discussing his draft report with Committee Members in workshop following today’s meeting.

5. The Triggers Workstream has been preparing for community workshops in June and July to consider the triggers and thresholds that are a required element of adaptive pathways. As part of this preparatory work, a literature review has been drafted to consider opportunities for learning and application from literature, other projects and jurisdictions. A master’s student from Victoria University of Wellington has also started working alongside TAG researching the development of a monitoring system for signals, triggers and thresholds.

6. The Regulatory Workstream has completed its work in this phase. Future work responding to the recommendations of the reports prepared by Mitchell Daysh under this workstream is currently being scoped.

7. The Managed Retreat Workstream is ongoing. A draft report is in progress. Tonkin & Taylor will be workshopping some key elements of this work with Committee Members in workshop following today’s meeting.

Project Timeframes

8. A key matter to report is that an October 2021 consultation process for the Strategy will not be achieved.

9. This consultation process, in response to direction from the Joint Committee, is proposed to occur outside of other major Council consultation activity (e.g. Long Term Plan consultation) to minimize consultation fatigue and maximize community engagement in what will be a substantive and complex package.

10. The consultation will be undertaken as a proposed Long Term Plan amendment, as it will be proposing new and significant expenditure that is not currently provided for. The Strategy has been advancing each of the Workstreams in order to prepare the necessary detail for this process.

11. The key issue continues to be the resolution of Strategy funding arrangements; without certainty of outcome, it is difficult for TAG to prepare for the consultation process. For example, at this stage no decision has been made on which Council(s) Long Term Plan will be the subject of a proposed amendment to accommodate works under the Strategy. Once this is known, work is then required to, among other matters, determine proposed public / private cost apportionment for each proposed work.

12. While the Funding Review is expected to reach a resolution on these matters, final decisions from Councils on the findings of the Review are now not expected until July / August 2021. This leaves insufficient time to prepare for an October consultation process.

13. Long Term Plan amendments are a significant undertaking, requiring careful planning, management and resourcing (including the requirement for independent audit). TAG are working through various scenarios to determine optimal timing for the Strategy consultation process to occur, given that the October 2021 timeframe cannot be met.

14. Ensuring an effective consultation process, including pre-consultation and Iwi engagement, Three Waters consultation (potentially occurring in September 2021), Annual Plan consultation (March 2022) and Local Body Elections (October 2022) are all factors in this planning process.

15. TAG will report to the June 2021 Joint Committee Meeting with a revised timeframe for consideration.

Communications and Engagement Update

16. Community workshops are progressing well, with 5 workshops held to date. These have provided TAG with an opportunity to test our work directly with former panel members and community members.

17. Key outcomes to date include:

17.1. Confirmation of preferred concept design variants for the short-term step of all pathways

17.2. A modification to the recommended Clifton and Pandora Pathways (Table 1):

Table 1: Changes to Pathways resulting from 2021 Community Workshops (changes shown in red underline)

Unit

Short term

(0 - 20 years)

Medium term

(20 - 50 years)

Long term

(50 - 100 years)

Clifton

Status quo

(Change from Sea Wall)

Sea wall

Managed Retreat

Pandora

Status quo

(Change from
Inundation Protection)

Storm surge barrier (Change from
Inundation Protection)

17.3. Issues have been identified with the design options for gravel barriers at Te Awanga and Haumoana designed to reduce the risk of storm surge inundation. An additional community workshop has been called to work through these issues and find solutions.

Decision Making Process

18. 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 Clifton to Tangoio Coastal Hazards Strategy Joint Committee receives the “Project Managers Update” report.

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

There are no attachments for this report.

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 30 April 2021

Subject: Current Coastal Projects Update

Reason for Report

1. This report provides an opportunity for the Technical Advisory Group (TAG) to provide an update on various coastal projects the Joint Committee has expressed an interest in keeping abreast of, namely:

1.1. Whakarire Ave Revetment Works

1.2. Extended consent area for sand deposition at Westshore

1.3. Haumoana 18

1.4. Capeview corner

1.5. Whirinaki.

2. TAG members will provide a verbal update on each of these projects at the meeting.

Recommendation

That the Clifton to Tangoio Coastal Hazards Strategy Joint Committee receives the “Coastal Projects Update”

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

There are no attachments for this report.

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 30 April 2021

Subject: RMA Reform and National Risk Assessment

Reason for Report

1. In response to a request from the Joint Committee, this report provides a summary of the Resource Management reform process and the National Climate Change Risk Assessment.

Resource Management Reform

2. In July 2020, the government released the report “New Directions for Resource Management in New Zealand” (known as the Randerson Report), produced as a result of a comprehensive review of the resource management system in New Zealand. The review was conducted by the independent Resource Management Review Panel chaired by retired Court of Appeal Judge, Hon Tony Randerson, QC.

3. The report contains 144 significant recommendations on amendments to the current resource management legislative framework.

4. Some of the key recommendations include:

5. Repeal and replace the RMA with:

5.1 Natural and Built Environments Act (NBEA)

5.2 Strategic Planning Act (SPA)

5.3 Managed Retreat and Climate Change Adaptation Act.

6. Natural and Built Environments Act Purpose and Principles:

6.2 Enhance the quality of the environment

6.3 Positive focus on achieving high-quality outcomes

6.4 Incorporation of Te Mana o te Wai

7. Change in planning processes:

7.1 A single ‘National Planning Framework’

7.2 Mandatory regional spatial plans

7.3 Combine regional policy statements and regional/district plans

7.4 Streamlined “Combined Plan” processes

8. Address RMA deficiencies:

8.1 Mandatory environmental limits/targets

8.2 Mandatory national direction

8.3 Changes to Existing Use Rights

9. Of specific relevance to the work of this Joint Committee, if the recommendations of the Randerson Report are accepted:

9.1 the NBEA will include outcomes for the reduction of risks from natural hazards and improved resilience to the effects of climate change. It will allow for the ability to adjust consents and existing use protections for climate adaptation. For example, strengthening the regional council power to remove existing use rights and extending that power to district councils as well.

9.2 the SPA will require regional spatial strategies to be prepared which must be consistent with national climate change adaptation and mitigation direction.

9.3 the Managed Retreat and Climate Change Act will address the complexities of the process of managed retreat and will include an adaptation fund to provide local government with support and certainty for addressing the costs of climate change.

10. In February 2021, Minister for the Environment David Parker announced what Cabinet has agreed as the process for progressing reform of the resource management system within this term of Government:

10.1. 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.

10.2. 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.

10.3. 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.

10.4. 2022: Select committee processes on all three pieces of legislation. This will include the opportunity for public submissions.

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

11. It is encouraging to see the review process give specific attention to the current issues around managing and responding to natural hazard risks under the RMA. TAG will maintain a watching brief as the reform process progresses, and suggests that, given the unique position and experiences in Hawke’s Bay, the Joint Committee take an active role in upcoming Select Committee processes. The first opportunity to engage will be the exposure draft of the Natural and Built Environments Bill, expected in the middle of this year.

National Climate Change Risk Assessment

12. The Climate Change Response (ZERO Carbon) Amendment Act 2019 requires that the government prepare a national risk assessment every 6 years.

13. New Zealand’s first National Climate Change Risk Assessment (NCCRA) was published in August 2020. It is a national overview of how New Zealand may be affected by climate change related hazards.

14. The projections (developed by NIWA) used in the risk assessment are as follows:

14.1 In the last 100 years, our climate has warmed by 1°C. If global emissions remain high, temperatures will increase by a further 1.0°C by 2040 and 3.0°C by 2090.

14.2 In the last 60 years, sea levels have risen by 2.44 mm per year. If global emissions remain high, sea levels will increase by a further 0.21 m by 2040 and 0.67 m by 2090.

14.3 Extreme weather events such as storms, heatwaves and heavy rainfall are likely to be more frequent and intense. Large increases in extreme rainfall are expected everywhere in the country, particularly in Northland due to a projected increase in ex-tropical cyclones.

14.4 The number of frost and snow days are projected to decrease, and dry days to increase for much of the North Island and for some parts of the South Island.

14.5 Drought is predicted to increase in frequency and severity, particularly along the eastern side of the Southern Alps.

14.6 Increased north easterly airflows are projected in summer and stronger westerlies in winter, the latter particularly in the south of the South Island.

14.7 Wildfire risk is predicted to increase in many areas towards the end of the century, due to higher temperatures and wind speeds, and decreased rainfall and relative humidity.

15. The NCCRA identifies 43 priority risks across five areas (human, natural environment, economy, built environment and governance). It then identifies the two most urgent risks in each of the five areas (refer attached excerpt).

16. The NCCRA will be used to develop a national adaptation plan, which will be published by August 2022. The plan will identify what we need to do as a country to prepare for the risks.

17. Regular reviews and refreshes of the national risk assessment plus national adaptation plan are planned as a requirement of the ‘Zero Carbon Act.’

Decision Making Process

Recommendation

That the Clifton to Tangoio Coastal Hazards Strategy Joint Committee receives the “RMA Reform and National Risk Assessment” report.

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

1 ⇩

Excerpt from National Climate Change Risk Assessment 2020

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 30 April 2021

Subject: Confirmation of Public Excluded Minutes of the Clifton to Tangoio Coastal Hazards Joint Committee meeting held on 27 November 2020

That Hawke’s Bay Regional Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 10 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Appointment of Funding Review Lead

s7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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.

Authored by:

Annelie Roets

Governance Advisor

Approved by:

Leeanne Hooper

TEAM LEADER Governance