Agenda of Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Meeting of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Date: Friday 4 June 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 held on 30 April 2021

4. Call for Minor Items not on the Agenda 3

5. Actions from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee 5

Decision Items

6. Coastal Hazards Funding Review 9

Information or Performance Monitoring

7. Panel Supplementary Recommendations 13

8. Project Manager's Update 41

9. Current Coastal Projects Update 43

10. Tukituki groyne design and function 45

11. Communication and Engagement Update 53

12. Discussion of Minor Items not on the Agenda 57

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 04 June 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

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 accepts the following “Minor Items Not on the Agenda” for discussion as Item 12.

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 04 June 2021

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

Reason for Report

1. In order 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

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 from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 04 June 2021

Subject: Coastal Hazards Funding Review

Reason for Report

1. This report presents the completed Funding Review for the Clifton to Tangoio Coastal Hazards Strategy.

2. A resolution is sought from the Joint Committee to endorse the findings of the Funding Review and recommend that, subject to consultation, it be adopted by the Napier City Council, Hastings District Council and Hawke’s Bay Regional Council.

Background/Discussion

3. To date, the Strategy development process has been jointly and equally funded by the Napier City Council, Hastings District Council and Hawke’s Bay Regional Council.

4. The Strategy has produced recommended “adaptive pathways” that have been developed collaboratively with the community for the highest risk areas of the coastline.

5. In the short to medium term, the pathways generally involve beach nourishment programmes, the construction of groynes to reduce erosion losses, and the build-up of the beach crest to mitigate risks of overtopping and inundation. Consistent with the dynamic adaptive pathways planning approach, monitoring of these actions will determine their ongoing effectiveness, with trigger points set to determine when a different response becomes necessary as conditions change.

6. Significant capital and operational expenditure is required to implement the proposed pathways. Work undertaken this year to refine concept designs and costing suggests an approximate capital cost of $15m and annual operating costs of $3m to implement the first (short term) step of all pathways. These costs continue to be refined as design options are explored.

7. The Strategy’s Technical Advisory Group (TAG) are currently finalising information and details to prepare the Strategy for notification as a proposed Long Term Plan amendment.

8. However, before this can occur, a decision is required on which Council (or Councils) should lead this next phase of the project.

9. Various workshops and proposals over the past 18 months have failed to achieve an agreed position between the Councils on this question. Uncertainties in current legislation about the respective roles of each Council in the funding and implementation of works under the Strategy has contributed to the issue.

10. To facilitate an outcome, the Councils collectively agreed to engage a retired judge to lead a Funding Review.

11. Following a shortlisting and evaluation process, at their meeting on 27 November 2020 the Joint Committee appointed Mr Raynor Asher QC to lead the Review.

12. Mr Asher was appointed to the High Court Bench in 2005 and to the Court of Appeal in 2016. He retired from the Court of Appeal in 2019 and is now practicing as a barrister and arbitrator/mediator.

13. Mr Asher was tasked with answering the following question:

Which Council or Councils should lead and fund the implementation of coastal hazard mitigation projects (including design, consenting, construction and maintenance cost) under the Strategy?

14. In undertaking his review, Mr Asher has engaged with this Joint Committee, staff and Councillors from each Partner Council, considered material developed to date under the Strategy, reviewed relevant historical information, legislation and case law, and has been assisted with local legal advice.

15. Mr Asher has now completed his review and presents his findings in the report “Review and Recommendations for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee” which is attached.

16. The key recommendations of the report are summarised as follows:

16.1. That the Hawke’s Bay Regional Council takes charge of all aspects of the prevention and mitigation of coastal hazards on the Clifton to Tangoio coast

16.2. That the Napier City Council, Hastings District Council and Hawke’s Bay Regional Council enter into a memorandum of understanding setting out agreed positions on this arrangement

16.3. That an advisory committee is formed by elected representatives from Napier City Council, Maungaharuru-Tangitū Trust, Hastings District Council, Mana Ahuriri, Hawke’s Bay Regional Council and Heretaunga Tamatea Settlement Trust to support forward work

16.4. That a Transition Plan is prepared to set out the timing and orderly process of transitioning functions to the Hawke’s Bay Regional Council in accordance with the terms set out in the memorandum of understanding.

Decision Making Process

17. A resolution is sought from the Joint Committee to endorse the findings of the Funding Review and recommend that it be adopted by the Napier City Council, Hastings District Council and Hawke’s Bay Regional Council.

18. If a resolution is passed by the Joint Committee, TAG will work with each Partner Council to support subsequent decision-making. This will likely include holding workshops with Councillors to explore the decision and its actual and potential implications in more detail before the matter is formally considered. Guidance from each Council will be sought on how best to provide support.

19. TAG will also seek feedback from Tāngata Whenua Joint Committee members on whether this decision requires direct discussion and input from the Maungaharuru-Tangitū Trust, Mana Ahuriri and Heretaunga Tamatea Settlement Trust.

20. It is noted that, if Mr Asher’s recommendations are taken up, the Hawke’s Bay Regional Council would be proposing to undertake a significant new activity. This would trigger a consultation process under s.16 of the Local Government Act 2002. An excerpt from s.16 is provided below for reference:

21. The decision-making pathway from a Joint Committee resolution would then involve the following key steps. Indicative timing is noted.

Table 1: Key steps and draft timeframes for council decision-making processes.

Step	Task	Activity	Draft Timing
1	Funding Review	Funding Review undertaken to provide recommendations on responsibility for Coastal Hazards	Complete
2		Joint Committee resolution and recommendation on Funding Review	June 2021
3		Partner Council in-principle decision on Funding Review	July 2021
		Develop Memorandum of Understanding between Partner Councils on Funding Review outcome	August 2021
4	LGA S16 Consultation	Partner Council joint consultation (LGA s.16) on proposed responsibility for Coastal Hazards	September 2021
5		Partner Council decision on responsibility for Coastal Hazards following consultation	October 2021
6		Prepare Transition Plan	November 2021
7	LTP Amendment	Preparatory work: · Level of service statement and measures · Funding model · Rates modelling · Budgeting · Revenue and Finance Policy · Auditing	September – December 2021
8		Consultation on Strategy as LTP amendment	March 2022
9		Finalise LTP following consultation	June 2022

Recommendations

That the Clifton to Tangoio Coastal Hazards Strategy Joint Committee:

1. Receives and considers the “Coastal Hazards Funding Review” staff report.

2. Endorses the findings of the review undertaken by Mr Raynor Asher QC titled “Review and Recommendations for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee” as attached, including the following key recommendations:

2.1. That the Hawke’s Bay Regional Council takes charge of all aspects of the prevention and mitigation of coastal hazards on the Clifton to Tangoio coast

2.2. That the Napier City Council, Hastings District Council and Hawke’s Bay Regional Council enter into a memorandum of understanding setting out agreed positions on this arrangement

2.3. That an advisory committee is formed by elected representatives from Napier City Council, Maungaharuru-Tangitū Trust, Hastings District Council, Mana Ahuriri, Hawke’s Bay Regional Council and Heretaunga Tamatea Settlement Trust to support forward work

2.4. That a Transition Plan is prepared to set out the timing and orderly process of transitioning functions to the Hawke’s Bay Regional Council in accordance with the terms set out in the memorandum of understanding.

3. Recommends that the Napier City Council, Hastings District Council and Hawke’s Bay Regional Council agree in principle to the findings of the Funding Review for the purposes of commencing consultation under s.16 of the Local Government Act 2002.

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

1 ⇨

Review and Recommendations for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee - Raynor Asher QC

Under Separate Cover

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 04 June 2021

Subject: Panel Supplementary Recommendations

Reason for Report

1. This report provides an update on responses to the supplementary recommendations made by the Clifton to Tangoio Coastal Hazards Strategy Northern and Southern Cell Assessment Panels.

Background

2. In 2018, the Northern and Southern Cell Assessment Panels delivered their final report to the Joint Committee (full report available for download at: https://www.hbcoast.co.nz/panels/)

3. The report outlines the Panel’s process and presents their recommended 100-year adaptive pathways for 9 priority units along the Clifton to Tangoio coastline.

4. The report also presents a range of supplementary recommendations that were identified during the Panel’s deliberations (refer to Sections 8.7 and 9.6 of the report).

5. The supplementary recommendations generally relate to shorter term actions considered important by Panel members, or detailed matters associated with pathway implementation.

6. While the focus of work under the Strategy has been on the Panel’s recommended adaptive pathways, TAG have been seeking to resolve and respond, where possible, to the supplementary recommendations.

7. This activity has included:

7.1. September 2019: Paper taken to the Joint Committee proposing responses and actions in response to the supplementary recommendations

7.2. December 2019: Letters sent to Council Chief Executives seeking responses and actions in response to the supplementary recommendations

7.3. February 2020 – present: Ongoing reporting to Joint Committee on progress.

8. While progress was significantly impacted by the challenges of 2020, TAG has now received formal responses to the letters sent in December 2019 from all three partner Council’s. These letters are attached.

9. As a result of these responses and other activity, TAG has updated the reporting table for the supplementary recommendations. This is also provided as an attachment to this report.

10. TAG will discuss these outcomes with the Joint Committee at the meeting.

Decision Making Process

11. 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 “Panel Supplementary Recommendations” report.

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

1 ⇩	Letter from Hawke's Bay Regional Council - Supplementary Recommendations
2 ⇩	Letter from Hastings District Council - Supplementary Recommendations
3 ⇩	Letter from Napier City Council - Supplementary Recommendations
4 ⇩	Responses to Assessment Panel Supplementary Recommendations

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 04 June 2021

Subject: Tukituki groyne design and function

Reason for Report

1. This report provides an update to a request from Councillor Ann Redstone at the Joint Committee meeting on 30 April 2021 seeking further information and the reasons for the construction and later lowering of the crest of the Haumoana groyne.

2. Hawke’s Bay Regional Council’s Principal Engineer Jose Beya has prepared a memorandum which is attached.

3. It provides an opportunity for Mr Beya to present a verbal update to the Committee and answer any questions on matters outlined in the memo.

Decision Making Process

4. 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 “Tukituki Groyne Design and Function” staff report.

Authored by:

José Beya

Principal Engineer

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

1 ⇩

Memo from Jose Beya - Principal Engineer, HBRC

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Friday 04 June 2021

Subject: Communication and Engagement Update

Reason for Report

1. This report gives a brief overview of communications and engagement that has happened since the last Joint Committee meeting in April 2021.

2. It also outlines a proposal for engaging with mana whenua ahead of formal consultation in early to mid-2022.

Executive Summary

3. Communications and engagement for the Strategy continues, with a community workshop held in May and follow up survey to gain additional feedback from participants.

4. Staff seek Joint Committee feedback on a proposed engagement strategy for mana whenua.

Discussion

5. We have now had two community workshops focussing on the concept designs for groynes and nourishment (representing the first step in the recommended pathways) at Haumoana and Te Awanga.

6. Following a workshop held in May, there is now agreement with workshop participants on the preferred design option for Haumoana, however, the Te Awanga option requires more discussion and refinement. A further workshop is being planned for this work.

7. Our next community workshop is scheduled for mid-June, focused on managed retreat.

8. Another project newsletter is due to go out in July 2021.

9. The Strategy is currently tracking towards a wider public consultation process (in the form of a proposed Long Term Plan amendment) in the first half of 2022.

10. A mana whenua engagement plan has been developed to outline how the Strategy proposes to engage with mana whenua in the lead up to the formal consultation process.

11. This pre-consultation step is considered important to ensure that mana whenua is appropriately recognised and informed about the proposal and able to provide feedback into the process before formal consultation commences.

12. There are multiple parties to engage with ahead of consultation:

12.1. Post Settlement Governance Entities (PSGEs) – Maungaharuru Tangitū Trust, Mana Ahuriri Trust and Heretaunga Tamatea Settlement Trust^{^[1]}

12.2. Two of the four Ngāti Kahungunu Taiwhenua are relevant in this consultation – Te Taiwhenua o Te Whanganui ā Orotu and Te Taiwhenua o Heretaunga

12.3. Affected marae as defined below in paragraph 14

12.4. Māori land block owners. Note, Māori land block owners will be engaged separately ahead of consultation in March 2022.

13. We propose a staggered engagement approach with presentations being made to the Māori Committee (MC) which is composed of three representatives from each of the four Taiwhenua across our region, and the Regional Planning Committee which has appointees from 8 of the 9 PSGE’s across the region. With both of these committees it is proposed that one or all three PSGE representatives on the Clifton to Tangoio Coastal Hazards Strategy Joint Committee would take an introductory lead on this agenda item. The purpose of the engagement is to gain feedback on the approach moving forward.

13.1. Māori Committee: 9 June 2021

13.2. Regional Planning Committee: 7 July 2021.

14. The presentation will include:

14.1. Background of the strategy and context for consultation

14.2. An overview of the proposed engagement approach

14.3. Impact on specific marae

14.4. Triggers and thresholds

14.5. Coastal ecology.

15. We will ask to speak to the individual PSGEs and will offer to take the presentation to taiwhenua if requested.

16. Following these presentations, we will collate feedback and make changes as needed to either the presentation or the approach.

17. We propose to approach the seven marae we have identified as being potentially impacted (directly or indirectly) by coastal hazards. If possible, we would like to attend one of the marae committee meetings between August and November 2021:

17.1. Tangoio

17.2. Petane

17.3. Matahiwi

17.4. Kohupātiki

17.5. Ruahapia

17.6. Waipatu

17.7. Waiohiki.

18. After meeting with marae we will set up regular communication in the form of a newsletter and confirm that we will return for formal consultation in March 2022.

Next Steps

19. We will present to the Māori Committee Meeting and the Regional Planning Committee respectively to obtain feedback on the engagement approach before engaging further with PSGEs or marae.

Decision Making Process

20. 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 “Communication and Engagement Upate” staff report.

Authored by:

Rebecca Ashcroft-Cullen

Communications Advisor

Approved by:

Simon Bendall

Coastal Hazards Strategy Project Manager

Chris Dolley

Group Manager Asset Management

Attachment/s

There are no attachments for this report.

[1] Each of these three PSGE’s has a representative on the Clifton to Tangoio Coastal Hazards Strategy Joint Committee