HAWKE’S BAY REGIONAL COUNCIL
Hearings Committee
Friday, 16
September 2022
Subject: Appointment of Commissioners for a Hearing Panel to hear applications
for Wastewater Discharges for a group of properties at Tangoio
Reason
for Report
1. This item seeks the
appointment of two commissioners to a Hearing Panel to hear applications to
discharge wastewater from 41 properties at Tangoio.
Officers’
Recommendation(s)
2. That Paul Cooney (Chair)
and Councillor Hinewai Ormsby be appointed as the members of the hearing panel
to hear the applications listed in Schedule 1:
3. That the commissioners are
appointed under section 34A of the RMA and are delegated authority under RMA
sections 37, 37A, 39, 39AA, 40 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104 -108,
108A, 108AA, 109, and 113 - 115 to hear, consider and decide the applications
and submissions.
Background
/Discussion
4. Applications have been
lodged for 41 properties (recently subdivided) at Tangoio seeking consent to
discharge wastewater individually from each property. The applications have
been lodged so that they can be considered as a group. These are attached.
5. The applications were
limited notified to the Maungaharuru-Tangitū Trust (MTT) as an adversely
affected party.
6. MTT submitted in
opposition to the applications and wish to be heard.
Options
Assessment
7. There have been
discussions between applicants and MTT and Council staff through this
application process. The matter might be resolved without a hearing and staff
are looking at a pre-hearing meeting. However, there is a need to be prepared
for a hearing.
8. To this end it is
considered panel members with experience and expertise in the Resource
Management Act (RMA) and tāngata whenua values are required.
9. It is proposed that Mr
Paul Cooney and Councillor Hinewai Ormsby be appointed to sit on this hearings panel.
Both are currently accredited under the Making Good Decisions programme. Mr
Cooney, who is an accredited Chairperson, would be the Chair.
10. Mr Cooney has sat on and
chaired hearings for HBRC previously. These were for the application to upgrade
the Te Mata Mushrooms composting operation, and for the HBRC gravel consents
hearing. Mr Cooney is a lawyer with extensive RMA experience.
Financial
and Resource Implications
11. The cost of this Hearing
will be borne by the applicants.
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, nor is it inconsistent
with an existing policy or plan.
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 persons affected by
this decision are all persons with an interest in the region’s management
of natural and physical resources under the RMA.
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, the
Committee can exercise its discretion and make this decision without consulting
directly with the community in accordance with its Terms of Reference.
Recommendations
That
Hearings Committee:
1. Receives and considers the Appointment
of Commissioners for a Hearing Panel to hear applications for Wastewater
Discharges for a group of properties at Tangoio staff report.
2. 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. Appoints Paul Cooney
(Chair) and Cr Hinewai Ormsby as the members of the hearing panel to hear the
applications listed in Schedule 1.
4. Confirms that the
commissioners are appointed under section 34A of the RMA and are delegated
authority under RMA sections 37, 37A, 39, 39AA, 40 41, 41A, 41B, 41C, 41D, 42,
42A, 103B, 104 -108, 108A, 108AA, 109, and 113 - 115 to hear, consider and
decide the applications and submissions.
Authored by:
|
Malcolm Miller
Manager
Consents
|
|
Approved by:
|
Katrina Brunton
Group
Manager Policy & Regulation
|
|
Attachment/s
|
1⇩
|
Tangoio group of wastewater
applications
|
|
|
HAWKE’S BAY REGIONAL COUNCIL
Hearings Committee
Friday 16
September 2022
Subject: Appointment of Commission for deciding applications for lapse date
extension by Water Holdings Hawke's Bay Limited
Reason for Report
1. This item seeks the
appointment of Commissioners to decide on an application made by Water Holdings
Hawke’s Bay Limited (WHHB). WHHB has applied for a lapse date extension
that will extend the lapse date from 2024 to 2030.
Officers’ Recommendation(s)
2. The officers’
recommendation is to appoint David McMahon as Commissioner to decide on the
lapse date extension applications for the following resource consents:
2.1 AUTH-120421-02
(LU120370Ca)
2.2 AUTH-120423-02
(WP120371Ma)
2.3 AUTH-120425-02
(LU120372Ca)
2.4 AUTH-120427-02
(WP120373Ta)
2.5 AUTH-120429-02
(LU120374Ca)
2.6 AUTH-120431-02
(WP120375Ta)
2.7 AUTH-120433-02
(LU120376Ca)
2.8 AUTH-120435-02
(LU120377Ca)
2.9 AUTH-120437-02
(LU120378Ca)
2.10 AUTH-120439-02
(DP120379Wa)
2.11 AUTH-120441-02 (LU120380Ca)
2.12 AUTH-120443-02
(DP120381Wa)
2.13 AUTH-120445-02
(LU120382La)
2.14 AUTH-120452-02
(LU120388Pa)
2.15 AUTH-120466-02
(CD120400Da)
2.16 AUTH-121944-01 (LU150332L
& WP150357U).
3. That the Commissioner is
appointed under section 34A of the RMA and is delegated authority under RMA
sections 37, 37A and 125 to consider and decide the applications.
Background /Discussion
4. Water Holdings
Hawke’s Bay Limited hold a group of consents (18) that permit them to
dam, take and use water and to carry out related land uses in the Tukituki
catchment. These are the consents that authorise the Ruataniwha water storage
project. They were originally held by HBRIC before they were transferred to
WHHB in 2018.
5. When these activities were
consented, a lapse date of 10 years was set. This date is now two years away.
The consents will lapse from 18 June 2024 if they are not given effect to prior
to that date. The consent holders have applied to extend the lapse date to
2030. It is this matter that needs to be decided upon.
6. The majority of the
consents are authorised by the Hawke’s Bay Regional Council, but there
are also consents authorised by Central Hawke’s Bay District Council and
Hastings District Council.
7. The proposal is to engage
one Commissioner to consider and decide on the lapse date extension
applications on behalf of all the Councils involved.
Options
Assessment
8. This lapse date extension
application needs to be decided upon. Given that the consents were previously
held by HBRIC, it is considered important that the decision is made by an
independent person.
9. The matter to be decided
is a fairly narrow one. It is to decide on the matter of the lapse date
extension as set out in s125 of the Resource Management Act (RMA). It is
considered that this can be addressed by a single Commissioner with Resource
Management Act (RMA) experience. Independence and clear distance from the
Ruataniwha water storage debate is considered necessary.
10. It is proposed that David
McMahon serve as the Commissioner and to decide on behalf of all Councils. The
other Councils agree with this proposal.
11. David McMahon is a
Director of the Resource Management Group, based in Wellington. He is a
practicing planner with more than 30 years’ experience and is an
accredited making Good Decisions Commissioner.
Financial
and Resource Implications
12. The cost of this Hearing
will be borne by the applicants.
Decision
Making Process
13. 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:
13.1. The decision does not significantly
alter the service provision or affect a strategic asset, nor is it inconsistent
with an existing policy or plan.
13.2. The use of the special consultative
procedure is not prescribed by legislation.
13.3. The decision is not significant under
the criteria contained in Council’s adopted Significance and Engagement
Policy.
13.4. 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.
13.5. 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, the
Committee can exercise its discretion and make this decision without consulting
directly with the community in accordance with its Terms of Reference.
Recommendations
That
the Hearings Committee:
1. Receives and considers the Appointment
of Commission for deciding applications for lapse date extension by Water
Holdings Hawke's Bay Limited 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
in accordance with its Terms of Reference.
3. Appoints Mr David McMahon
as Commissioner to decide on the lapse date extension applications for the
following resource consents:
3.1. AUTH-120421-02 (LU120370Ca)
3.2. AUTH-120423-02
(WP120371Ma)
3.3. AUTH-120425-02
(LU120372Ca)
3.4. AUTH-120427-02
(WP120373Ta)
3.5. AUTH-120429-02
(LU120374Ca)
3.6. AUTH-120431-02
(WP120375Ta)
3.7. AUTH-120433-02
(LU120376Ca)
3.8. AUTH-120435-02
(LU120377Ca)
3.9. AUTH-120437-02
(LU120378Ca)
3.10. AUTH-120439-02
(DP120379Wa)
3.11. AUTH-120441-02
(LU120380Ca)
3.12. AUTH-120443-02
(DP120381Wa)
3.13. AUTH-120445-02
(LU120382La)
3.14. AUTH-120452-02
(LU120388Pa)
3.15. AUTH-120466-02
(CD120400Da)
3.16. AUTH-121944-01 (LU150332L
& WP150357U)
4. Confirms that the
Commissioner is appointed under section 34A of the RMA and is delegated
authority under RMA sections 37, 37A and 125 to consider and decide the
applications.
Authored by:
|
Malcolm Miller
Manager
Consents
|
|
Approved by:
|
Katrina Brunton
Group
Manager Policy & Regulation
|
|
Attachment/s
There are no attachments for this
report.
