Agenda of Regional Planning Committee - Wednesday, 14 April 2021

Meeting of the Regional Planning Committee

Date: Wednesday 14 April 2021

Time: 1.30pm

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

Agenda

Item Title Page

1. Welcome/Karakia/Notices/Apologies

2. Conflict of Interest Declarations

3. Confirmation of Minutes of the Regional Planning Committee held on 10 March 2021

4. 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

Information or Performance Monitoring

7. Mohaka Co-design Plan Development - Project Brief 9

8. Resource Management Policy Projects Update - April 2021 31

9. Statutory Advocacy Update 35

10. Discussion of Minor Items not on the Agenda 43

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 14 April 2021

Subject: Mohaka Co-design Plan Development - Project Brief

Reason for Report

1. This agenda item presents the co-designed project brief which has been developed by HBRC staff and tāngata whenua for the development of the Mohaka chapter of the Kotahi plan (resource management plan for the Hawke’s Bay region). The co-designed Mohaka provisions will give effect to the National Policy Statement for Freshwater Management 2020 (NPS-FM).

Executive Summary

2. The project brief sets out the co-design process for developing specific provisions for the Mohaka catchment (including the Taharua and Waihua catchments), including all tributaries.

3. The brief has been reconsidered and amended by HBRC staff and Ngāti Pāhauwera Development Trust (NPDT) staff since it was brought to the RPC in October 2020. It was noted at the October meeting that the Project Brief required greater tāngata whenua input prior to it being endorsed by the RPC.

4. The Project Brief, now titled ‘Mohaka Co-Design Plan Development’ still draws on key elements of the initial iteration, however, it has been amended significantly to reflect the new way of working with the NPDT and tāngata whenua in the Mohaka catchment . The project brief highlights the Māori-led workstream as well as the parallel HBRC and connecting workstreams that have been woven together to ensure that tāngata whenua are actively involved in developing the plan provisions. This includes developing how Te Mana o Te Wai applies to the catchment and how the management of freshwater will give effect to this. Additional resourcing is being provided to enable NPDT to lead this work on behalf of relevant tāngata whenua interests in the Mohaka catchment.

5. The RPC is reminded that Government has indicated a commitment to repealing and replacing the Resource Management Act 1991 with new legislation before this project is completed. The Mohaka project brief is sufficiently flexible to respond to such legislative change, as is the Kotahi Plan development.

Strategic Fit

6. This freshwater management work contributes towards achieving the strategic outcomes for land, water and biodiversity: Climate smart and sustainable land use, biodiversity and water quality, safety and climate resilient water security.

Background

7. The previous Mohaka Project Brief was brought to the RPC in October 2020, the supporting paper described the background to this project (the paper can be found here). It was noted at the October meeting that the Project Brief had not successfully been co-designed and required greater tāngata whenua input prior to it being endorsed by the RPC. The draft project brief was received ‘subject to the endorsement of all co-design partners’. Consequently, work has been ongoing on the Mohaka catchment policy development, largely in respect of ensuring that iwi/hapū (via NPDT) are appropriately resourced and have the technical expertise appropriate for them to be actively involved in the plan development.

8. The following narrative provides the RPC an update on progress made since October 2020. It should be noted that this narrative is not directly relevant to the endorsement of the ‘Mohaka Co-Design Plan Development – Project Brief’ but rather should provide the RPC with a high degree of comfort that the project has continued in the vein of partnership. It was intimated at the October meeting that the RPC supported the co-design approach but required further demonstration of this commitment from HBRC in terms of the co-development of the Project Brief.

Project Progress: November – December 2020

9. Preliminary public consultation on catchment values and issues was undertaken in November and early December 2020. This series of hui was led by the project team which included HBRC staff and Bonny Hatami (NPDT). Sixty-six people are recorded as attending the four public hui/meetings held at Te Pohue, Wairoa, Mohaka and Napier and two separate farmer meetings (Puketitiri and Taharua).

10. A draft collation of the information collected from the hui/meetings has been provided to participants for review. An online survey was made available on the HBRC Mohaka webpage based on those meetings and was used to collect further information on outcomes and issues.

Project Progress: January – March 2020

11. Following an internal review of this engagement process and further consideration of the work programme, NPDT took the opportunity to consider what resourcing they would require to effectively participate in the process and to enable them to be involved in all aspects of the plan making process going forward. NPDT on behalf of iwi/hapū of the Mohaka catchment have designed a Māori-led workstream and programme of work which will inform the plan development, which HBRC made a financial commitment to support. The Māori-led workstream will deliver a number of components which will be key to plan development, these include (in summary):

11.1. Creation of Pou to guide plan development – analysis of existing tangata whenua visions, documents, and strategies. Pou to specifically relate to the Te Mana o Te Wai concept and principles of Mana Whakahaere, Kaitiakitanga and Manaakitanga

11.2. Wananga with wider tangata whenua of the catchment – development of the local definitions of Te Mana o Te Wai, the long-term vision for the catchment, values, and environmental outcomes.

11.3. Capturing the aspirations and initiatives, tools and options for tangata whenua for management of freshwater in Mohaka catchment. Presenting these back to HBRC and the RPC.

11.4. Assessment of the values against the science data and mātauranga māori to determine where Māori freshwater values need to be protected and where improvements are needed from a tangata whenua perspective

11.5. Draft options for attributes, targets and monitoring which will support the tāngata whenua values, environmental outcomes, and vision.

11.6. Work with HBRC staff to weave these elements into the plan, negotiating shared values, attributes, targets, and options for limits.

11.7. Draft policies, methods and rules which support the desired state for the Mohaka from a tangata whenua perspective.

11.8. Work with HBRC to weave these elements into the Mohaka Chapter and Kotahi regional policy statement and plan to ensure that tangata whenua values, outcomes and visions are embedded in the Kotahi.

12. At the request of the Te Pohue Community a further public meeting is being held on the 25 March 2021. The Waihua catchment has been incorporated into the Mohaka catchment area for the purposes of engaging with the community there.

Central Government Direction 2021

13. Earlier this year Central Government announced its plans to repeal the RMA and replace it with three new Acts (Natural and Built Environments Act, Strategic Planning Act, and the Climate Change Adaptation Act). Minister Parker announced in February that he will engage with iwi/Māori to refine policy options as proposals are developed. Staff presented a paper to the RPC at its last meeting in March 2021 on the ‘Resource Management Reform Announcements’.

14. Staff wish to highlight that at the time of writing this paper it remains unclear what this engagement will look like for Hawke’s Bay (including Mohaka) iwi. That being said, the government has noted that it is important to keep current systems operating and continue to implement key pieces of national direction such as the NPSFM, with a particular emphasis on gathering evidence/data on plan performance and establishing implementation practices that could be carried over into a future system. We anticipate that the exposure draft for the NBA will be released in May of this year. Staff will continue to provide updates as and when they become available.

Discussion

15. The initial project brief has been amended in response to the need for additional tāngata whenua resourcing and to more clearly articulate how the co-design process will work.

16. The schedule of works has been revised to identify the separate two strands of work, one being led by tangata whenua and the other by HBRC, with each strand connecting as necessary (the middle column of the schedule) to ensure that there is effective integration for both Kotahi (the resource management plan for the region) and the action plan for the catchment. This model of working in partnership aligns with one of the Principles which was explored by the RPC at the workshop in December – He waka hourua, which translates as the double hulled canoe, which is an analogy meaning 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.

17. The amended Mohaka project brief is sufficiently flexible to stay focused on the outcomes for the Mohaka Catchment, while still being responsive to legislative change.

Next Steps

18. A contract is being refined (at the time of writing this paper) and soon to be agreed. This relates directly to the work outlined above in the Māori-led workstream and the resourcing required by NPDT to support this. This will provide the additional resourcing for tangata whenua to undertake more detailed work with iwi and hapū through wananga to identify what it means to give effect to Te Mana o Te Wai locally and allowing for the collection of mātauranga in a way that can best contribute to the plan making process.

19. There are milestones identified in the programme of work including where reports will be provided to the Regional Planning Committee. The work programme (attachment 1 to the project brief) outlines the various next steps and significant milestones for the project. Where there are no substantive reports to present the RPC will be kept informed of progress in the interim via the standing item ‘Resource Management Policy Projects’.

20. Preliminary results from hui, public meetings and the online survey will be provided to the RPC at its next meeting in June.

Decision Making Process

21. 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 ‘Mohaka Co-Design Plan Development Project Brief’ staff report and attachments.

Authored by:

Ceri Edmonds

Manager Policy and Planning

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Pieri Munro

Te Pou Whakarae

Attachment/s

1 ⇩	Mohaka Project Brief March 2021
2 ⇩	Mohaka Plan Development Programme of Work

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 14 April 2021

Subject: Resource Management Policy Projects Update - April 2021

Reason for Report

1. This report provides an outline and update of the Council’s various resource management projects currently underway.

Resource management policy project update

2. The projects covered in this report are those involving reviews and/or changes under the Resource Management Act to one or more of the following planning documents:

2.1. the Hawke's Bay Regional Resource Management Plan (RRMP)

2.2. the Hawke's Bay Regional Policy Statement (RPS) which is incorporated into the RRMP

2.3. the Hawke's Bay Regional Coastal Environment Plan (RCEP).

3. From time to time, separate reports additional to this one may be presented to the Committee for fuller updates on specific plan change projects.

4. Similar periodical reporting is also presented to the Council as part of the quarterly reporting and end of year Annual Plan reporting requirements.

Decision Making Process

5. 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 Policy Projects Update – April 2021” staff report.

Authored by:

Dale Meredith

Senior Policy Planner

Ellen Robotham

Policy Planner

Ceri Edmonds

Manager Policy and Planning

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

1 ⇩

April 2021 RMA projects Update

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 14 April 2021

Subject: Statutory Advocacy Update

Reason for Report

1. This item reports on proposals forwarded to the Regional Council and assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project.

2. The Statutory Advocacy project (Project 196) centres on local resource management-related proposals upon which the Regional Council has an opportunity to make comments or to lodge a submission. These include, but are not limited to:

2.1. resource consent applications publicly notified by a territorial authority

2.2. district plan reviews or district plan changes released by a territorial authority

2.3. private plan change requests publicly notified by a territorial authority

2.4. notices of requirements for designations in district plans

2.5. non-statutory strategies, structure plans, registrations, etc prepared by territorial authorities, government ministries or other agencies involved in resource management.

3. In all cases, the Regional Council is not the decision-maker, applicant nor proponent. In the Statutory Advocacy project, the Regional Council is purely an agency with an opportunity to make comments or lodge submissions on others’ proposals. The Council’s position in relation to such proposals is informed by the Council’s own Plans, Policies and Strategies, plus its land ownership or asset management interests.

4. The summary outlines those proposals that the Council’s Statutory Advocacy project is currently actively engaged in.

Decision Making Process

Recommendation

That the Regional Planning Committee receives and notes the “Statutory Advocacy Update” staff report.

Authored by:

Nichola Nicholson

Policy Planner

Ellen Robotham

Policy Planner

Ceri Edmonds

Manager Policy and Planning

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

1 ⇩

April 2021 Statutory Advocacy Update

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