MINUTES OF A meeting of the Regional Planning Committee

 

 

Date:                           Wednesday 19 February 2014

 

Time:                          1.00 pm

 

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                      F Wilson - Chairman

T Hopmans

N Kirikiri

R Spooner

T Waaka

N Baker

K Brown

W Wilson

C Scott

D Hewitt

D Pipe

R Graham

P Beaven

T Belford

R Barker

AJ Dick

 

In Attendance:           E Lambert, Interim Chief Executive

H Codlin – Group Manager, Strategic Development

G Ide, Manager, Strategy & Policy

T Sharp, Strategic Policy Advisor

A Uytendaal, Team Leader/Principal Scientist WQ&E

C Reed, Senior Planner

B Powell, Land Management Advisor

M Drury, Committee Secretary

 


 

1.       Karakia   Mr W Wilson

Welcome/Apologies/Notices

Chairman Wilson advised that notwithstanding Clause 36.2 of Council’s Standing Orders, that the Minutes of the meeting held on 3 September 2013 had been received, reviewed and signed by the Co-chairs of the Committee as a true and correct record.

As this was the first RPC meeting since the election, Chairman Wilson and members gave a brief introduction of themselves and their backgrounds.

Mr Waaka advised that since the Treaty claimant Groups had been in place, ongoing meetings had occurred with Ngati Kahungunu Iwi Inc. However, following a change in management strategy a further series of meetings would occur over the next year to clarify and agree on tangata whenua representation on natural resource management issues.

An apology was received from Mr Peter Paku.

RPC1/14

Scott/Kirikiri

CARRIED

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

5.

Follow-ups from Previous Regional Planning Committee Meetings

 

Mrs Lambert and Ms Codlin updated the Committee on Follow Up items listed.

The Committee discussed the importance of all members of the Regional Planning Committee to attend the Foundation course for RMA hearing Commissioner accreditation.  The RMA requires accreditation of hearings panel members for resource consent hearings and plan/policy hearings.

RPC1/14

Resolution

1.      That the Committee receives the report “Follow-ups from previous Committee Meetings”.

Scott/Pipe

CARRIED

 

6.

Call for Any Minor Items Not on the Agenda

 

There were no minor items for discussion..         

 

9.

Mohaka Plan Change and Stakeholder Engagement Update

 

Ms Codlin advised that apologies had been received from Mr and Mrs Feather and Mr Steve Smith who had all hoped to be present for this agenda item.

Mr Waaka expressed concern that the Waihua/Waikari catchments had not been included in the Mohaka Catchment Plan Change and sought clarification on when this decision had been agreed to.  In response Ms Codlin advised that various options of geographic coverage for the Mohaka Plan Change were presented to the Environment Management Committee in February 2012 (prior to the formation of the Regional Planning Committee). 

Messrs Reed, Uytendaal and Powell gave a Powerpoint presentation which outlined progress on the Mohaka catchment plan change, the next steps forward and also a detailed management framework for the Taharua headwater catchment.

Mr Reed outlined the indicative timeframes towards plan change notification which included completing initial stakeholder talks in the next month.   However, it was still too early to confirm a final timeframe as this would depend on discussions with the Mohaka Stakeholder Group which would be formed by extending the existing Taharua Stakeholder Group.

Dr Uytendaal outlined the reasons why there appeared to be a significant decrease in Taharua river and groundwater nitrate-nitrogen concentrations at monitoring sites in the upper Taharua that were in direct proximity to the dairy farms.  He noted that it was significant that the groundwater lag times at river monitoring sites range from 6.5-8 years on average so what was being measured has been influenced by land use practices around 2006 to 2008.  With this improvement already occurring it was hoped that the trend would continue to improve with major farm practice improvements now in place.

Mr Powell advised that in the past, total cow numbers peaked at around 9,500 cows on the 3 stations in the catchment.  Cow numbers are now approximately 7,600. With smaller fertiliser applications now being applied it was hoped an ongoing effect would occur resulting in ongoing positive reductions in N leaching changes.  Nitrogen applications would still be required as part of the system but in lower amounts.

The Committee discussed the monitoring results to date and noted that the target for nitrogen levels in the Mohaka River is 0.3mg/L which would result in an improvement in the water clarity and a reduction in algae growth.  It was also hoped there would be a 50% reduction in the lower part of the catchment.

Responding to a question, Dr Uytendaal confirmed that the consequential effects of the current levels was a lack of water clarity, impacts on trout in the river and an increase in sludge and phormidium but high N concentrations did not pose human health issues with contact recreation. Dr Uytendaal also explained the feeding trials undertaken by Dr Chris Hickey and ongoing studies in relation to brown trout.

Dr Uytendaal also confirmed that the nitrate toxicity does not affect the animal in a way that poses a health risk to the fish or the person eating it.  Work undertaken indicated tuna were hardy and appeared to be less sensitive to nitrate than inanga.

The Committee expressed concern about the makeup of the Stakeholder Groups which was largely recreational/tourism.  Affected parties needed to be identified and be included in the Group. 

Councillor Scott moved an amendment, seconded by Ms Hopmans

“Agrees that the Treaty Partners on the Regional Planning Committee be included at stakeholder discussions

The motion when put was carried and became part of the substantive motion

Ms Codlin tabled an Environmental Management Committee of Wednesday, 8 February 2012 agenda item and resolution which confirmed the decision to endorse the development of Option 2 (a whole Mohaka Plan Change).

 

RPC2/14

Resolution

1.      That the Regional Planning Committee receives the report titled “Mohaka Plan Change and Stakeholder Engagement Update”.

2.     Agrees that the Treaty Partners on the Regional Planning Committee be         included at stakeholder discussions.

Hewitt/Baker

CARRIED

 

 

 

7.

Greater Heretaunga Ahuriri Plan Change TANK Group Report

 

Mr Sharp presented the agenda item which provided an update on the TANK collaborative stakeholder group which is deliberating policies for the Greater Heretaunga and Ahuriri Plan Change.  A summary report had been prepared and previously circulated to Committee members.

Mr Sharp advised that following the confirmation of the Ahuriri Estuary agreements with the Government and Mana Ahuriri as part of the Treaty claims, TANK was now required to work in line with the Ahuriri Estuary group and suggested a member of the Group be included in the TANK Group.

Mr Sharp also advised the next TANK meeting was on 15 April.

The Committee noted that there was no statutory process at this time.

Councillor Scott advised that concern had been expressed from groups who had given their time and energy in the past to the protection and enhancement of the Ahuriri Estuary what their role (if any) would be in the future.

Mrs Kirikiri left the meeting at 3.15pm

The Committee discussed the Report with members expressing concern with the potential ambiguity of staff’s recommendations 4 and 4.1  Members invited staff to rephrase their recommendations to reduce the ambiguity.

The meeting adjourned at 3.20pm and reconvened at 3.35pm.

The Committee continued to discuss the requirement for it to have regard to any consensus reached by the TANK Group as long as it was consistent with any higher level policy.

The Committee noted it was essential that the TANK Group contribution was recognised and that a collaborative approach should be encouraged.  It was also important that the right people were on the Groups  although for one reason or another their attendance at all meetings may not occur.

Mrs Kirikiri returned to the meeting at 3.45pm.

 

Resolutions

The Regional Planning Committee:

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.      Receives the TANK Report 1: Interim Agreements.

3.      Notes the TANK Group’s Terms of Reference need to be revised to account for adjusted Plan Change timeframes.

4.      Notes that Councillors on the TANK Group cannot speak on behalf of the Treaty Claimant Group representatives of the Regional Planning Committee in TANK Group discussions; and therefore:

4.1.     Acknowledges the commitment being made by the TANK Group towards           delivering a consensus outcome; and

4,2.    Acknowledges that while Council retains final decision-making responsibility under the RMA, the Regional Planning Committee undertakes to have particular regard to any TANK consensus outcome, if one emerges as long as it is consistent with higher level policy and planning documents including the Resource Management Act, Council’s land and Water Management Strategy, Regional Policy Statement and Long Term Plan.

 

8.

Submission to the Local Government Commission on the Draft Proposal for HB Local Government Reorganisation

 

Mrs Lambert advised that feedback from the Committee was requested on the submission to the Local Government Commission on the draft proposal for HB Local Government reorganisation.  The Māori Committee would also consider the draft submission at their meeting on Tuesday 25 February.

Ms Hopmans tabled a response to a letter addressed to the Minister for Treaty of Waitangi Negotiations the Hon Christopher Finlayson dated 13 February 2014.  The letter expressed concern about the durability of the Hawke’s Bay Regional Planning Committee in light of the draft Hawke’s Bay reorganisation proposal released in December 2013.

The Committee noted that its own Terms of Reference outlined the makeup of the Committee which is permanent, its primary functions which could not be taken away other than by a statute but under a new proposal could be added to.

Concern was expressed in relation to where the Regional Planning Committee would fit  in a joint unitary proposal and the management of planning provisions in relation to natural resources and the embracing of plan provisions for of the built environment could not be undertaken in a piecemeal way.

The Committee noted it was important recognition was given of the meeting requirements for the district and future regional policy development particularly in regard to tangata whenua.  Precise clarification for the community was also required around the roles of the Māori Committee which acts in an advisory role and the Regional Planning Committee which has a co-governance role.

RPC3/14

Resolutions

That the Regional Planning Committee:

1.      Considers the key points to be presented in the submission to the Local Government Commission and provides feedback to assist in the finalising of the submission.

The Regional Planning Committee recommends that Council:

2.      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.

3.      Approves the submission, including any amendments agreed at the Regional Planning Committee meeting, for lodging with the Local Government Commission.

Dick/Baker

CARRIED

 

Councillor Scott left the meeting at 4.15pm and returned at 4.20pm

10.

Resource Management Planning Project Update

 

Mr Ide presented this agenda item which gave a brief outline and update of the Council’s various resource management projects currently underway.

Following discussion by the Committee it was noted that this agenda item would become a regular feature on the RPC Meeting agenda.

Responding to a question, Mr Ide confirmed that until the Minister of Conservation had approved parts of the Coastal Plan relating to the coastal marine area, the Regional Coastal Environment Plan could not become operative, however all of its contents were beyond appeal.  It was hoped a decision from the Minister would be forthcoming in the very near future.

 

Resolution

1.      That the Regional Planning Committee receives the report titled ‘Resource Management Planning Projects Update’.

Waaka/Scott

CARRIED

 

11.

Regional Planning Committee Annual Report

 

Mr Ide advised copies of the final 2012/13 Annual Report of the Regional Planning Committee were available to all members for distribution across their respective networks.  The report was also published on the Council’s website under “Plans and Strategies”.

 

Resolution

1.      That the Regional Planning Committee receives the report titled ‘Regional Planning Committee Annual Report.’

Spooner/Hopmans

CARRIED

 

12.

Minor Items Not on the Agenda

 

There were no minor items listed for discussion.

 

 

Closure:

There being no further business the Chairman declared the meeting closed at 4.30pm on Wednesday, 19 February 2014.

Signed as a true and correct record.

 

DATE: ................................................               CHAIRMAN: ...............................................