MINUTES OF A meeting of the Environmental Management Committee
Date: Wednesday 8 February 2012
Time: 9.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Present: E von Dadelszen - Chairman
N Kirton
T Gilbertson
A J Dick
L Remmerswaal
E McGregor
K Rose
C Scott
F Wilson
In Attendance: I Maxwell - Group Manager Resource Management
H Codlin – Group Manager Strategic Development
C Drury – Senior Consents Officer
G Ide – Team Leader Policy
C Reed – Senior Planner
M Drury – Committee Secretary
Chairman von Dadelszen welcomed everyone to the meeting and advised that Mr Derek Williams’s request for a deputation about Lake Tutira had been approved under Standing Orders 3.19.1.
An apology for absence was received from Mr M Apatu and an apology for lateness from Councillor Scott.
Moved: That the apologies be accepted
Wilson/McGregor
CARRIED
2. CONFLICT OF INTEREST DECLARATIONS
There were no declarations.
3. CONFIRMATION OF MINUTES OF the Environmental Management Committee held on 16 November 2011
Councillor Kirton joined the meeting at 9.08am.
Councillor Kirton left the meeting at 9.10am and returned at 9.20am
4. Matters Arising from Minutes of the Environmental Management Committee held on Wednesday 16 November 2011
There were no matters arising from the minutes.
Deputation
Mr Williams addressed the meeting about his concerns relating to misleading media reporting of issues at Lake Tutira.
Mr Williams also acknowledged staff for their assistance to enable him to address the meeting.
Chairman von Dadelszen thanked Mr and Mrs Williams for their deputation.
4a |
CALL FOR GENERAL BUSINESS ITEMS 1.Hearing Update |
Action Items from Environmental Management Committee Meetings |
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Ms Codlin updated the Committee on the Action items listed |
EMC2/12 |
1. That the Environmental Management Committee receives the report “Action Items from Previous Meetings” Rose/Remmerswal CARRIED.
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Recovery of Appeal Costs |
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Mrs Drury presented this item which outlined staff concerns in relation to costs incurred by Council in Environment Court appeals. Mrs Drury advised that in the 2010/2011 financial year the cost was $147,610 (excluding GST,) in the 2011/2012 year to 30 November the cost was $63,853 and following examination of the costs associated with the AFFCO appeal which is ongoing and to date has not been resolved via mediation, it is estimated that the appeal could realistically cost Council up to $100,000 in the 2011/12 financial year. Mrs Drury advised that these costs are not currently budgeted for by Council and staff sought the Committee’s direction on how costs associated with appeals going forward would be managed in the future. Mrs Drury outlined some potential options available to Council and staff recommendations which included an annual budget for costs associated with appeals, that Council advocates to Central Government seeking changes to the Environment Court process which will improve the quality and merit of appeals. Mrs Drury also advised that currently it is unclear where the delegation sits to make a decision about seeking costs and staff would prepare a paper on this for aa future Council meeting. The Committee discussed options available to Council to improve the management of costs associated with appeals in the future and noted that mediation process costs in relation to prospective appeals were also included as part of the appeal costs. The Committee agreed that in liaison with other Councils, an appropriate course of action would be to advocate Local Government New Zealand that amendments to the legislation which governs the Environment Court were required. Concern was expressed that Council had not received sufficient financial information in the agenda item in regard to costs relating to past appeals so were unsure of what an annual cost could be as in some years decisions could be granted and other years decisions may not be subject to appeal. The Committee noted that it was a difficult situation to try and find a fair and democratic process to cover these costs. It was noted that the draft LTP includes provision for $80,000 in the budget for appeal costs. In response to a question, Mrs Drury advised that many appeals are vague about what part of the decision is being appealed and this confuses the process. Such appeals are usually by people who have not sought expert advice prior to lodging the appeal. Moved: The procedural motion: That this agenda item does lie on the table until further financial information is provided to indicate ultimate costs incurred and the impact these costs would have on LTP. Kirton/Dick LOST 3/6 Following further discussion, the Committee agreed that staff required a direction to proceed noting that while appeal processes could be seen as a cost of democracy it was important that costs were not an unbudgeted item and costs had to be recoverable where appropriate.
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EMC3/12 |
That the Environmental Management Committee recommends that Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. Scott/Rose CARRIED 2. Gives consideration in the Long Term Plan (LTP) process for the need to provide for costs associated with appeals in the 2012-2013 budget, and in all budgets thereafter. Scott/Rose CARRIED 7/1 1 Abstention 3. Requests staff to advocate to Central Government for reform of the legislation that governs the operation of the Environment Court. Scott/Rose CARRIED 6/2 1 Abstention 4. Instructs staff to prepare a draft guidance process on the circumstances the Environment and Services Committee will consider when lodging a cost application with the Environment Court for their approval. Scott/Rose CARRIED 8/1 5. Instructs staff to bring a paper to the Environment and Services Committee seeking direction about whether to lodge an application for costs when the criteria established by the Council is met. Scott/Rose CARRIED
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The meeting adjourned at 10.25am and reconvened at 10.45am
Update Report on Progress of the Tukituki Plan Change |
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The Committee took this agenda item as read. The Committee discussed opportunities for the public to be fully involved in the Tukituki Plan Change and noted that there were community representatives on the Tukituki Stakeholders Group who would report back to the community. It was suggested that a public meeting be held in March at the beginning of the process as the only 2 planned public meetings were in June. The public would also have the opportunity to contribute to the Plan through the submission process once the Plan had been notified. Ms Codlin advised that iwi were also represented on the Stakeholder’s Group and Heretaunga Taiwhenua and Tamatea Taiwhenua had also been engaged to prepare a Cultural Values and User’s report. It was likely further meetings with both Taiwhenuas would be held. Ms Codlin also outlined the additional scientific costs which could be incurred in relation to the plan change. A large proportion of these costs would be technical evidence prepared by Council’s expert witnesses to ensure the case was robust for the Environment Court. Concern was also expressed about the tightness of the process and the timelines involved.
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EMC4/12 |
That the Committee recommends that Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2 Endorses the proposed community engagement and consultation schedule as contained in Attachment 1, with the addition of a public meeting at the beginning of the process to be held in March. 3. Endorses the proposed schedule for reporting to the Regional Planning Committee and Council as contained in Attachment 1. 4. Notes that any additional costs for this financial year will be brought back to the Council as part of the reforecasting process scheduled for the March 2012 Council meeting. Remmerswaal/ Dick An amendment to Recommendation 2 was moved : 2 Endorses the proposed community engagement and consultation schedule as contained in Attachment 1, McGregor/Scott CARRIED 7/2 This amendment then became part of the substantive motion which was CARRIED 7/2 1 Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2 Endorses the proposed community engagement and consultation schedule as contained in Attachment 1, 3. Endorses the proposed schedule for reporting to the Regional Planning Committee and Council as contained in Attachment 1. 4. Notes that any additional costs for this financial year will be brought back to the Council as part of the reforecasting process scheduled for the March 2012 Council meeting.
For: von Dadelszen, Scott, Gilbertson, Wilson, McGregor, Rose, Kirton Against: Dick/Remmerswaal CARRIED 7/2
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Update on Taharua/Mohaka Strategy |
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Mr Reed gave a presentation which explained the three main plan change options for consideration by the Committee and also outlined the key implementation issues. The Committee noted the three main plan change options which were: Option 1: Limit plan change scope to the upper Mohaka above Glenfalls monitoring site (State Highway 5). Option 2: Extend the plan change to the whole Mohaka catchment; Option 3: Extend the plan change to the whole Mohaka catchment, plus the neighbouring Waihua and Waikari catchments. The Committee discussed the options and the issues associated with each option, noted the staff recommendation that option 2 was the preferred option and that the planned completion date was December 2012. Responding to a question, Mr Maxwell confirmed there were ongoing discussions with bordering Councils on the delineation of boundaries and other joint activities. Concern was expressed that work had been undertaken in the Tararua for several years and further delays in order to cover all catchments was not favourable. Questions were asked about the scope of the plan change, the meaning of ‘integrated’ and whether consideration of terrestrial values were included in the scope. It was noted that the Plan Change process was just one of the interventions contained in the suite and that the Plan Change will not be the only answer. Staff advised that the problem definition was the adverse effects water quality from the land use impacts in the catchment. Integrated resource management extends to including those resources and resource use that impacts on water quality, hence managing water quantity setting water quality limits and managing the impacts of land use. Riparian management is included as it influences water quality. The Committee confirmed the scope of the Plan Change as having a water quality focus to ensure that timeframes were not further delayed. The Committee also noted that the proposed preparation of a Regional Biodiversity Strategy would set the framework for priorities and strategies and could be subsequently included in a statutory plan if necessary. Following further discussion on funding implications for Council around a broader scoped Plan change, the Committee requested staff prepare a report to be presented back to Council. In moving the recommendation, Councillor Scott expressed concern about costs and the impacts on the ratepayers. She noted that Option 2 was a more holistic approach however the plan change for Taharua would be deferred resulting in a more holistic outcome in the long run. It was important for “hot spots” to continue to be worked on and contributions from the Taharua Stakeholder’s Group be noted. |
EMC5/12 |
That the Environmental Management Committee recommends that Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Subject to staff identifying appropriate funding methods, endorses the development of Option 2, being an integrated plan change for the Mohaka catchment. 3. Notes that a whole of Mohaka catchment approach will involve timeframes that could see a plan change ready for Council approval by end of 2012 and notification in early 2013. 4. Notes that any additional costs for this financial year will be brought back to Council as part of reforecasting process scheduled for the March 2012 Council meeting. Scott/Rose CARRIED 8/1 |
Statutory Advocacy Matters |
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Mr Ide updated the Committee on current proposals under Council’s statutory advocacy project and the Resource Management Act 1991. |
EMC6/12 |
1. That the Committee receives the Statutory Advocacy Update report. Rose/McGregor CARRIED |
10. |
General Business |
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Councillor Scott updated the Committee on the Bridgeman Hearing which had been held on Wednesday, 1 February and Thursday, 2 February. The Hearing has now been adjourned pending awaiting further technical information to be prepared and circulated to all parties to allow for further submissions, new recommendations from the Reporting officers and the Applicants right of reply. The Hearing will reconvene in 4 weeks.
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Closure:
There being no further business the Chairman declared the meeting closed at 12.45pm on Wednesday, 8 February 2012.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................