Hawke's Bay
Drinking Water Governance Joint Committee
Friday 02 July 2021
Subject: Review of Terms of
Reference for the Hawke’s Bay Drinking Water Governance Joint Committee
Reason for Report
1. This report
follows up on the item presented to the March 2021 meeting of the Joint
Committee which agreed to give consideration to the Committee’s Terms of
Reference and undertake a review, including a full refresh, with a proposal to
be put forward at the July 2021 meeting.
2. The Committee
recommended that this refresh/review would be overseen by the Chair, Garth
Cowie, and Councillors Ormsby and Simpson.
Officers’ Recommendation
3. Officers
recommend that the Hawke’s Bay Drinking Water Joint Governance Committee
is disestablished, having concluded the functions for which it was set up, and
that governance oversight of drinking water safety is transferred to the
Regional Leaders’ Forum.
4. Officers
further recommend that the Drinking Water Joint Working Group is retained and
that it reports directly to the Regional Leaders’ Forum, with its future
institutional and administrative support to be agreed by that group.
Background
5. As will be seen
in the presentation from Bill Bayfield (CEO of Taumata Arowai) comprehensive
water reform is occurring across New Zealand with regulatory reform through
legislation, the formation of Taumata Arowai and service delivery reform of
Three Waters. This led to a discussion at the March 2021 meeting of this
Committee to revisit the Terms of Reference for the Committee to assess whether
or not it is fit for purpose.
6. The Terms of
Reference for the Joint Committee are based on its establishment following the
Havelock North drinking water contamination event, with its purpose being to
provide governance oversight to the Joint Drinking Water Working Group
regarding the implementation of recommendations from the Board of Inquiry and
the evolution of the Joint Working Group into a more permanent officials
working group.
7. The Committee
has met on ten occasions since it was established in 2017. The programme for
the Committee has focused on completing the Board of Inquiry recommendations,
the establishment of a communications protocol among agencies for drinking
water contamination events, and the development of the source protection
provisions for the TANK Plan Change. In addition, the Committee has approved
the preparation and content of submissions to several pieces of proposed
legislation and the TANK Plan Change.
Progress on Board of Inquiry
Recommendations
8. The Board of
Inquiry issued 17 recommendations from the first stage of its Inquiry. These
were developed in conjunction with the Water Safety Working Group (the
precursor to the Joint Drinking Water Group), which at that stage comprised
representatives from Hawke’s Bay Regional Council (HBRC), Hastings
District Council (HDC), the District Health Board (DHB) and Drinking Water
assessors. These recommendations were centred around the safety and integrity
of the Brookfield Road bores and the wider Hastings District Council water
supply. The recommendations are either part of ongoing maintenance and monitoring
work or were completed within twelve months of being issued.
9. Part 2 of the
Board of Inquiry report looked at the wider management of drinking water and
the 40 recommendations from Part 2 focussed on legislative reform (including to
the Resource Management Act (RMA) for source protection), the establishment of
a national drinking water regulator, and a range of recommendations to and for
the Ministry of Health.
10. Both the HB Drinking Water
Joint Governance Committee and the Joint Drinking Water Group (JWG) have
contributed to the development of these changes when given the opportunity to
do so. Additionally, both groups have used the opportunities available to
increase their understanding of the science underpinning drinking water status
and supplies throughout Hawke’s Bay.
11. A White Paper prepared by
the JWG at its inception also included a range of actions to be undertaken by
the Group to enhance its operations and effectiveness. These included agreement
on a communications protocol to be used by the member agencies in the event of
a drinking water contamination event (or potential event) and a project to look
at digital data sharing. The communications protocol is in place and has been
used. The data sharing project has not been completed, due in part to the
precedence given to developing the TANK source protection plan provisions and
in part to the establishment of Taumata Arowai as the national drinking water
regulator and gaining an understanding of its role in data collection
and distribution.
Three Waters Reform
12. In early 2019, Central Hawke’s Bay District Council,
Hastings District Council, Napier City Council, Wairoa District Council and
Hawke’s Bay Regional Council began working together to review the current
and potential service delivery options for drinking water, wastewater and
stormwater for all of Hawke’s Bay. The project aligned with the five
councils’ strategic priority for the 2019-22 triennium; water safety,
security and planning. Governance oversight of this project was provided by the
region’s four Mayors, the Chair of HBRC and the CEs of the five councils.
13. In July 2020, the
Government announced a $710 million funding package to support economic
recovery relating to COVID-19, and to start to address the persistent issues
facing the three waters sector, through a combination of infrastructure
investment stimulus and service delivery reform. Councils that agreed to
participate in the initial phase of the reform programme were eligible to
receive a share of this funding package. Hawke’s Bay’s four
territorial authorities all opted into the initial phase of the reform.
14. Since then, a
comprehensive service delivery reform programme has been established by the
Department of Internal Affairs, using a partnership approach between central
and local government. Cabinet has agreed there will be a centrally-led process
to determine the boundaries and number of new entities. This will mean that
councils will not choose which neighbours/entity to join, but may choose to
opt-out of the entity they are assigned when fully equipped with the
information of what this might mean locally.
15. The Department of Internal
Affairs (DIA) has recently released national level analysis and modelling to
advance the evidence base informing the case for change for the Three Waters
Reform Programme.
16. The reports include
analysis of the economic benefits of reform by the Water Industry Commission of
Scotland (WICS), independent reviews of WICS’ methodology by Farrierswier
and Beca, and an analysis of the effects of the proposed reform on the economy
and affected industries by Deloitte.
17. The reports highlight the
huge investment required over the next 30 years to ensure that New Zealanders
have access to safe drinking water and that wastewater and stormwater networks
achieve good environmental outcomes.
18. Work is still underway to
inform cabinet decisions as to the scope of stormwater functions that may be
transferred from territorial and regional councils to multi regional Three
Waters service provider.
19. The timeline for further
decisions on the construct of the Three Waters entities and their governance
constructs is still not clear. Any update on transition arrangements is delayed
until government decisions are made, and this could be mid-late 2021.
Joint Drinking Water Group
20. The Hawke’s Bay JWG
is the group of officials from the agencies involved in the management and/or
delivery of safe drinking water. The JWG was set up at the conclusion of Stage
1 of the Havelock North Board of Inquiry process with its core functions being
inter-agency collaboration and maintenance of public health through the
delivery of drinking water.
21. The agencies represented
on the JWG now include all five councils, the Hawke’ Bay District Health
Board through its Public Health Unit and Drinking Water Assessors. Ngāti
Kahungunu Iwi Inc. was also represented on the JWG but chose to leave the group
following the work on the TANK Plan Change. Iwi/hapū representation
is important for any ongoing management/delivery entity and needs to be
addressed at the time a decision is made.
22. The JWG continues to
implement the work programme set by the Joint Committee. Up until the Level 4
lockdown, the JWG would meet approximately every two months and since that time
has met less regularly, but still meets as the work programme necessitates to
exchange information, to progress actions and to prepare for Joint Committee
meetings.
Discussion
23. Since the March 2021 Joint
Committee meeting the sub-group (Garth Cowie and Councillors Hinewai Ormsby and
Nigel Simpson) met to discuss the way forward for the Joint Committee and to
make appropriate amendments to the Terms of Reference if required. Members of
the JWG held a separate workshop on this topic.
24. The sub-group considered
the potential for the Committee to provide a feedback mechanism to the new
Three Waters Entity and to provide closer oversight of the service delivery
aspects of three waters infrastructure for Hawke’s Bay. They also
saw the opportunity for the Committee to become a key advisory or advocacy
group.
25. The sub-group considered
that the Committee potentially had a more aspirational role to play in
governance in this area. However, in the absence of any clear decisions about
the construct of the new entities this was not able to be pursued in any
detail.
26. The JWG workshop traversed
the future role of the Joint Working Group. The consensus is that there is
value in retaining the JWG for several reasons, including:
26.1. The Havelock North Board
of Inquiry recommended the establishment of collaborative cross-agency groups
to ensure improved communications and understanding between those agencies on
drinking water matters. The JWG arose during the Board of Inquiry.
26.2. The JWG has strong input
from a public health perspective, which does not appear to be prevalent in the
development of the new infrastructure entities. This will provide additional
support in this important area.
26.3. Given the level of
reform there will be the need to develop new policies and by-laws, and
potentially codes of practice, and the JWG would be a suitable vehicle for
working through these collaboratively.
27. The future of the Drinking
Water Governance Joint Committee was also raised with the region’s CEs.
They have reflected back the views of the HB Leaders Forum that the oversight
of the broader Three Waters Reform in Hawke’s Bay should continue to
occur at the leaders’ (Mayors and HBRC Chair) level. They have signalled
that the Regional Leaders believe that the Committee has achieved what it was
established to do – to oversee the work of the JWG in implementing the
Board of Inquiry recommendations and the evolution of the JWG into a more
permanent Working Group – and that the Joint Committee should be wound
up.
28. The ongoing oversight of
the Working Group’s work programme will be undertaken directly by the
Regional Leaders, in conjunction with the work being undertaken in the Three
Waters space, led by Toni Goodlass. The kaupapa of the Regional Leaders
around infrastructure planning and operational delivery will require the
Working Group to continue to ensure that public health issues are also
considered within the wider work programme.
Options Assessment
29. Two options have been
identified for the Committee’s consideration:
29.1. Option One – to advise
the member agencies that the Hawke’s Bay Drinking Water Governance Joint
Committee is to be disestablished, with its governance role to be undertaken by
the Regional Leaders Forum
29.2. Status Quo – the
Committee continues to function for the remainder of the triennium with a focus
solely on drinking water safety and with its current Terms of Reference.
30. Option One is the desire
of the Regional Leaders Forum. It will mean that not only the financial aspects
of Three Waters Reform are overseen by the Regional Leaders, but also the
advocacy and communications aspects of the transition. It will allow for the
Working Group to be realigned to ensure that all three waters activities, and
all relevant parties, are represented on the Working Group.
31. Option Two will be less
efficient and effective in that the work on the drinking water recommendations
from the Havelock North Board of Inquiry has largely been achieved. This option
is likely to ensure the maintenance of transparency with the community as to
maintaining a strong regional dialogue and progress on drinking water
improvement initiatives.
Strategic Fit
32. The governance and management of drinking water safety aligns
with the five councils’ strategic priorities for the 2019-22 triennium;
water safety, security and planning.
33. It is not proposed to
reduce either governance or management for water safety, security and planning,
but for the governance to occur through a different vehicle, being the Regional
Leaders’ Forum.
Significance and Engagement Policy
Assessment
34. A decision on whether or
not to amend the Terms of Reference for the Committee, or to revisit the
ongoing operation of the Committee is not significant under the criteria
contained in the Hawke’s Bay Regional Council’s adopted
Significance and Engagement Policy, and therefore the Joint Committee can
exercise its discretion and make decisions on the issue without conferring
directly with the community or persons likely to have an interest in this
decision.
Financial and
Resource Implications
35. The costs of both the
Joint Committee and Working Group lie where they fall, i.e. with each member
agency paying for the costs of their own representation, and joint costs (for
independent Chair, independent consultant, and any agreed consultancy work) being
divided among them.
36. Should the decision be
made to disestablish the Committee and continue with the JWG a separate item
will be prepared for the Regional Leaders Forum on the institutional and
administrative support required for the ongoing operation of the Working Group,
including the incorporation of the public health and tangata whenua inputs.
Consultation
37. Consultation on the
matters in this item has occurred across representatives of the member agencies
through the HB Regional Leaders, the ToR Review sub-group and staff members of
the JWG.
38. Ngāti Kahungunu Iwi
Inc (NKII) was previously represented on the Joint Committee, but chose to step
away from the Committee and the Working Group in 2020.
39. Water is a taonga to Māori
and it would be valuable to have iwi/hapū represented around the table
again. The broader kaupapa of three waters may appeal to the wider concerns of
iwi/hapū and an approach to iwi/hapū to be part of the discussions
may be received more positively.
Decision Making Process
40. 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:
40.1. The
decision does not significantly alter the service provision or affect a
strategic asset, nor is it inconsistent with an existing policy or plan.
40.2. The use
of the special consultative procedure is not prescribed by legislation.
40.3. The
decision is not significant under the criteria contained in Council’s
adopted Significance and Engagement Policy.
40.4. 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 Hawke’s Bay
Drinking Water Governance Joint Committee:
1. Receives and
considers the “Review of Terms of Reference for the Hawke’s Bay
Drinking Water Governance Joint Committee” 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 Joint 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. Recommends to
the Hawke’s Bay Regional Council and all other member agencies that:
3.1. The
Hawke’s Bay Drinking Water Governance Joint Committee be disestablished,
having concluded the functions for which it was set up, and that governance
oversight of drinking water safety be transferred to the Regional
Leaders’ Forum.
3.2. The
Hawke’s Bay Drinking Water Joint Working Group be retained and report
directly to the Regional Leaders’ Forum, with a report on its future
institutional and administrative support to be prepared for consideration and
approval by the Regional Leaders’ Forum.
Authored by:
Approved by:
|
Katrina
Brunton
Group Manager Policy & Regulation
|
James Palmer
Chief Executive
|
Attachment/s
There are no
attachments for this report.
Hawke's Bay
Drinking Water Governance Joint Committee
Friday 02 July 2021
Subject: Report on the Joint
Committee's Verbal Submission to the TANK Hearing Panel
Reason
for Report
1. This agenda
item provides a report-back to the Joint Committee on the verbal submission
made to the TANK (Plan Change 9) Hearing Panel on behalf of the Committee.
Executive Summary
2. Plan Change 9
to the Hawke’s Bay Regional Resource Management Plan covers new
provisions to manage water quality and quantity for
the Tūtaekurī, Ahuriri, Ngaruroro and Karamū (TANK) catchments.
3. It includes new
polices and rules for the identification and management of source protection
zones for drinking water.
4. The Hawke’s
Bay Drinking Water Governance Joint Committee (HBDWGJC) lodged a submission and
then a further submission on Plan Change 9. Representatives of the Committee
appeared before the Plan Change 9 Hearings Panel on 8 June 2021.
Background
5. The development
of Plan Change 9 occurred over a number of years via a multi-member TANK
Stakeholder Group. Following the establishment of the Hawke’s Bay
Drinking Water Group Joint Committee (HBDWGJC), and the supporting Working
Group, by the Havelock North Board of Inquiry the Committee was recognised as a
TANK working group tasked with developing draft policies and rules for the
protection of drinking water sources for inclusion in the Plan Change.
6. Recommendations
on plan provisions were presented by the Committee and Working Group to the
TANK Stakeholder Group in July 2018. Plan Change 9 was publicly notified in May
2020 and the Committee lodged both a submission and, later a further
submission, on the drinking water source provisions. These have both been circulated
and adopted by the Committee at previous meetings...
Officer’s Report
7. The s42A Report
– the recommendations on submission and further submissions – was
released in mid-April 2021. Of the 24 itemised points of submission from the
Committee 21 were accepted either in full, or in part. Where they were accepted
in part the specific recommendation did not deviate from our underlying support
for the security of water quality and adequate access to drinking water being
major issues for public health, and we were comfortable in accepting the
Officer’s recommendations on these.
8. There were
three outstanding points of submission which we then chose to speak to in the
verbal presentation of our submission, made to the TANK Hearings Panel on 8
June 2021.
Verbal submission
9. A copy of the
verbal submission was previously circulated to all members of the Committee and
Working Group, and is also attached for public record.
10. There were two specific
matters we spoke to at the hearing:
10.1. the impact on the
proposed provisions of changes to legislation and regulation at a national
level, and
10.2. the development of, and
potential changes to, the Source Protection Zone (SPZ) maps.
11. The reform of drinking
water safety and wider three waters reform at a national level is happening
across a range of government work programmes. Our original submission to TANK was
premised in part on the ability for the Hearing Panel to respond to national
direction as part of its decision making on Plan Change 9 and our submission
was designed to provide the Panel with the scope to do this.
12. In the meantime, work at a
national level has not proceeded in accordance with the timeline originally
provided and the increased level of certainty we had hoped would be in place by
the time of the TANK hearings is not in place. What we do know at the moment is
that:
12.1. The Water Services
Regulator Bill has passed into law and Taumata Arowai has been
established
12.2. The Health Select
Committee has heard submissions to the Water Services Bill and has delayed its
reporting back to Parliament, effectively delaying the implementation of the
Bill from July until the last quarter of 2021. Once passed, this puts into place
the new drinking water regulatory framework, including Taumata Arowai becoming
the drinking water regulator, and obligations on water suppliers and local
authorities to identify and assess risks to drinking water
12.3. Once passed the Water
Services Bill introduces s.104G into the Resource Management Act (RMA) which
requires consent authorities, when making decisions on resource consent
applications, to have regard to the effects of activities on registered
drinking water sources and also the risks of the proposed activities as may be
defined in a Source Water Risk Management Plan (SWRMP). S.104G of the RMA
explicitly links SWRMP under the Water Services legislation to consent
decisions under the RMA
12.4. The review of the
National Environmental Standards (NES) for Drinking Water is programmed to
include amendments to enable better management of risks to source water in RMA
decisions. To the best of our knowledge these amendments will be consulted on
in the second half of 2021 with gazettal of the amended NES early in 2022.
13. Because of these unknowns,
we requested that the Hearing Panel takes into account the latest information
available to it from the Water Services Bill and possibly the review of the NES
for Drinking Water at the time of making their decisions.
14. With respect to the Source
Protection Zones we supported the Hastings District Council’s submission
to include both the analytical and numerical models for their water supplies as
providing extended protection. We noted that the s.42A Officer’s report
recommended that all source protection zones be included in the Planning maps,
rather than as a GIS layer outside the formal plan. While we still have
concerns about the timing of plan change processes to include new areas, we are
satisfied that the principal drinking water supplies for the TANK area –
the Napier and Hastings urban supplies – are included in Plan Change 9,
as the investigations have already occurred on these.
15. Following our
presentation, the Panel noted their appreciation for our support for the
drinking water provisions and asked questions. These questions related to the
definition of registered drinking water supplies and appropriate community size
for source protection zones, and to the status of the maps.
Next Steps
16. The Hearing Panel
concluded hearing all verbal submissions on 23 June 2021 and has now adjourned
to make decisions. Following the release of those decisions we will analyse
them to determine whether there is any need to appeal any decisions, or to
become a party to any other appeals around drinking water source protection.
Decision Making Process
17. 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
Hawke’s Bay Drinking Water Governance Joint Committee receives and notes
the “Report on the Joint Committee's Verbal
Submission to the TANK Hearing Panel” staff report.
Authored by:
Approved by:
|
Katrina
Brunton
Group Manager Policy & Regulation
|
|
Attachment/s
|
1⇩
|
Joint
Committee's Verbal Submission to TANK Hearing Panel
|
|
|
