MINUTES OF A meeting of the Hearings panel
Date: Wednesday 15 February 2012
Time: 10.30 am
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Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
E von Dadelszen
K Rose
M Mohi
In Attendance: M Adye – Group Manager Asset Management
D Underhill – Team Leader Plant Pests
S Chandler – Executive Assistant
Chairman Scott declared the meeting open and advised that the Hearing Panel was conducting an inquiry and sitting as a Board of Inquiry as set out under section 79B of the Biosecurity Act 1993.
2. Verbal submissions will be presented to the Hearing Panel throughout the morning, as scheduled.
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Proposed Regional Pest Management Strategy and Proposed Regional Phytosanitary Management Strategy |
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That the Hearings Panel: 1. Hear the verbal submission on the Proposed Regional Pest Management Strategy and Proposed Regional Phytosanitary Pest Management Strategy. 2. Consider the written and verbal submissions on the Proposed Regional Pest Management Strategy and Proposed Regional Phytosanitary Pest Management Strategy. 3. Consider the Principal Officer’s Report on the Proposed Regional Pest Management Strategy and Proposed Regional Phytosanitary Pest Management Strategy and recommendations included within that report. CARRIED |
The Hearing Panel commenced hearing verbal submissions.
Submission 7. Bruce Jans, Seafield Farm HB Ltd
The Chairman welcomed Mr Jans and introduced members of the Panel and Staff present.
Mr Jans gave an oral presentation and circulated a paper and photos for the reference of the Panel.
The Chairman reminded Mr Jans that anything not relevant to the Strategy would not be accepted.
The Panel heard Mr Jans submission and thanked him for attending. He was advised that all submitters would be responded to following the adoption of the Strategies following the 29 February Regional Council meeting.
Submission 2. Brad Siebert, Kiwifruit Vine Health Inv (KVH)
The Chairman welcomed for Mr Siebert and introduced members of the Panel and Staff present.
Mr Siebert provided the Panel with an update on PSA and the threat of wild kiwifruit in the HB Region.
He was not seeking a change to either Strategy at this time however believed putting in place a Memorandum of Understanding (MOU) between HBRC and the Kiwifruit industry would be appropriate. He advised that he had been in discussions with Campbell Leckie.
The Committee then considered all submissions
Submission 1. Dianne Vesty, Hawke’s Bay Fruit Growers Assn
Mr Adye confirmed that HBRC will continue to work with industry and central government to identify a pragmatic and effective approach to managing potential threats to the horticulture industry.
No amendments to either the Regional Pest Management Strategy or the Regional Phytosanitary Pest Management Strategy are suggested as a result of this submission, however staff will continue to work with Hawke’s Bay Fruitgrowers Association to review the Strategies once the proposed revisions to the Biosecurity Act are passed into law.
1. That there be no change to the Proposed Regional Pest Management Strategy
2. That there be no change to the Proposed Regional Phytosanitary Pest Management Strategy.
Submission 2. Brad Siebert, Kiwifruit Vine Health Inv (KVH)
No amendments to either the Regional Pest Management Strategy or the Regional Phytosanitary Pest Management Strategy are suggested as a result of this submission, however staff will continue to work with KVH in support of the development of a National Pest Management Strategy for PSA, and in the development of and implementation of a Memorandum of Understanding to control any wild kiwifruit reported to Council, and to minimise the potential for PSA to infect commercial kiwifruit orchards.
1. That there be no change to the Proposed Regional Pest Management Strategy
2. That there be no change to the Proposed Regional Phytosanitary Pest Management Strategy
Submission 3. Ru Collin, HorticultureNZ
No amendments to either the Regional Pest Management Strategy or the Regional Phytosanitary Pest Management Strategy are suggested as a result of this submission, however staff will continue to work with the horticulture industry in Hawke’s Bay to review the Strategies once the proposed revisions to the Biosecurity Act are passed into law.
1. That there be no change to the Proposed Regional Pest Management Strategy
2. That there be no change to the Proposed Regional Phytosanitary Pest Management Strategy.
Submission 4. Waikato Regional Council
The support and interest from Waikato Regional Council is noted and appreciated. The RPMS outlines both the monitoring requirements of the possum control area programme and the compliance targets.
Staff suggest the following word changes with relation to Kiwirail in the Regional Pest Management Strategy.
Staff suggest amending the foreword and introduction to note the amendments expected to the Biosecurity Act 1993 within the next 2 years which are likely to require significant changes to both Strategies.
1. That the following changes be made to the Proposed Regional Pest Management Strategy.
1.1. Amend the Subheading ‘OnTrack’ to read ‘KiwiRail’
Remove the wording in clause 2.3 Paragraph 6 subheading ‘ KiwiRail’ and add:
Kiwirail is a State owned enterprise that administers 18,000ha of railway land throughout NZ. Kiwirail is occupier of land that forms the rail corridor in Hawke’s Bay. Kiwirail has a legal responsibility under the Biosecurity Act 1993 to control pests on its land according to rules for land occupiers set out in this Strategy.
The Regional Pest Management Strategy 2011 has been developed from a review of the Hawke’s Bay Regional Plant Pest and Animal Pest Management Strategy 2006. Since the development of its first Pest Management Strategy in July 1996, significant benefits have accrued to the region’s economy and biodiversity from plant and animal pest control. This Strategy is essentially unchanged from the 2006 Strategy. This is because amendments are expected to the Biosecurity Act 1993 within the next 2 years and these are likely to require significant changes to the Strategy within 2 years of the Act being amended.
1.3. Title and purpose of the strategy
This Strategy is to be known as the “Regional Pest Management Strategy” for Hawke’s Bay. It has been made following the review and amendment of the Regional Pest Management Strategy 2006 by Hawke’s Bay Regional Council in accordance with the Biosecurity Act 1993, and has effect over Hawke’s Bay (see Figure 1).
This Strategy is essentially unchanged from the 2006 Strategy. This is because amendments are expected to the Biosecurity Act 1993 within the next 2 years and these are likely to require significant changes to the Strategy within 2 years of the Act being amended.
2. That there also be a change to the Foreword and Introduction to the Proposed Regional Phytosanitary Pest Management Strategy.
Submission 5. Horizons Regional Council
Staff meet with staff from neighbouring regional councils on a regular basis. Potential pest plants that are found near the common regional boundary are on the agenda for those meetings.
Staff believe that these ongoing operational meetings are valuable and more effective than any attempt to include all possible pests that have the potential to pose a threat into a RPMS.
Recommendation
Council as part of its review process has received advice from senior MAF policy staff on how surveillance powers operate under the Biosecurity Act.
1. That the following changes be made to the Proposed Regional Pest Management Strategy.
Amend the wording to read:
Authorised Council officers have the power to enter private property under part 6 of the Biosecurity Act for surveillance purposes provided that the organism they have good reason to suspect is present is listed as a pest in at least one pest management strategy (national or regional). This is because:
● S55 applies to management and eradication of pests via pest management strategies not to surveillance of them outside of a strategy. And
● S103 allows a principal officer of a region to appoint authorised persons for the purpose of exercising functions, powers, and duties under the Biosecurity Act in relation to ascertain the presence or distribution of any pest, pest agent, or unwanted organism, And
● S2 defines a “Pest” as an “organism specified as a pest in a pest management strategy”
So if an organism is listed in any pest management strategy, it is legally defined as a pest for surveillance purposes under the Act, and Council through its authorised officers can undertake monitoring and surveillance for it, using the applicable powers in part six of the Act.
2. That there be no change to the Proposed Regional Phytosanitary Pest Management Strategy.
Submission 6. Federated Farmers of New Zealand
The submitter raises a number of issues. Many of these are in support of the current HBRC approach to pest management. Staff acknowledge that the expected revisions to the Biosecurity Act will result in a thorough review of the HBRC RPMS. As part of the development of a discussion document that will precede that review it will be appropriate that staff meet with Federated Farmer representatives and discuss a number of the issues raised in this submission.
1. That there be no change to the Proposed Regional Pest Management Strategy
2. That there be no change to the Proposed Regional Phytosanitary Pest Management Strategy.
Submission 7. Bruce Jans, Seafield Farm HB Ltd
Advise Mr Jans staff will investigate the level of incentive scheme contribution for total control plants.
1. That there be no change to the Proposed Regional Pest Management Strategy
2. That there be no change to the Proposed Regional Phytosanitary Pest Management Strategy.
The Meeting broke for lunch at 12.15 pm and recommenced at 12.45 pm
Following discussions the panel requested staff circulate revisions discussed for both the Proposed Regional Pest Management Strategy and Proposed Regional Phytosanitary Strategy.
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That the Hearings Panel: Recommend Council adopt the Proposed Regional Pest Management Strategy and Proposed Regional Phytosanitary Pest Management Strategy with the amendments as circulated. CARRIED |
Adjourned:
There being no further business the Chairman adjourned the meeting at 1.05 pm Wednesday 15 February 2012.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................