MINUTES OF A meeting of the Regional Planning Committee

 

 

Date:                          Wednesday 18 February 2015

 

Time:                          1.00 pm

 

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     Mr Toro Waaka – Co-Chairman -Ngati Pahauwera Development & Tiaki Trusts

Cr Fenton Wilson – Co-Chairman

Mr Nigel Baker -           Ngati Tuwharetoa Hapu Forum

Cr Rick Barker

Cr Peter Beaven

Cr Tom Belford

Mr Karauna Brown        Ngati Hineuru Iwi Inc

Cr Alan Dick

Cr Rex Graham

Cr Debbie Hewitt

Ms Tania Hopmans       Maungaharuru-Tangitu Trust

Ms Nicky Kirikiri            Te Toi Kura o Waikaremoana

Mr Peter Paku               He Toa Takitini

Cr Dave Pipe

Cr Christine Scott

Mr Rangi Spooner         Mana Ahuriri Incorporated

Mr Walter Wilson           Te Tira Whakaemi o Te Wairoa

 

In Attendance:          H Codlin – Group Manager Strategic Development

L Lambert – Chief Executive

N van Pelt – Executive Assistant

Mr Mike Mohi – Chairman, Maori Committee

G Ide

O Wade

C Reed

 


1.       Welcome/Apologies/Notices

Walter Wilson welcomed everyone to the meeting, and advised that this meeting would be Chaired by Fenton Wilson.

There were no apologies, nor notices.

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Regional Planning Committee Meeting Held on 20 August 2014

RPC1/15

Resolution

Minutes of the Regional Planning Committee held on 20 August 2014, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/Waaka

CARRIED

 

4.       Matters Arising from Minutes of the Regional Planning Committee Meeting Held on 20 August 2014

There were no matters arising from the minutes.

 

5.

Follow-ups from Previous Regional Planning Committee Meetings

 

There were no follow-ups from previous Regional Planning Committee meetings.

 

6.

Call for any Minor Items not on the Agenda

 

That the  Committee accepts the following minor items not on the agenda, for discussion as item 13.

Cr R Graham - Ahuriri Estuary

Cr R Graham -  Proposal for a retreat

Cr R Graham – Hawea Park

Mr T Waaka – Biodiversity Strategy

 

7.

HBRC Committee Structure

 

Helen Codlin explained that the recommendation to broaden the terms of reference for the Regional Planning Committee so that it considers all RMA related papers arose from the need for the Regional Planning Committee to be informed of the entire planning process for natural resource management. The broadening of the terms of reference would add environmental Monitoring and research compliance monitoring and enforcement and statutory advocacy.

The Committee queried the reasoning for recommending a 50% majority when voting on recommendations not directly related to regional policy development under the RMA. There was support for the voting majority to be 80% for all recommendations to Council.

It was noted that under the current terms of reference, any recommendations to Council that could not be supported by the Council are referred back to the RPC for reconsideration.  It was suggested that this should not apply to recommendations not directly related to regional policy development under the RMA, i.e. that the Council makes the final decision.  It was noted that many of these papers are likely to be information only and that with the RPC reaching a majority of 80%, the risk of the Council overturning an RPC recommendation would be low.

Ms Hopmans reminded the Committee that under the HB Regional Planning Committee Bill, any amendment to the terms of reference requires unanimous agreement.

Ms Codlin indicated that the final terms of reference for the RPC will be presented at the May RPC meeting for approval.

There was also support for the Chair of the Maori Committee to be appointed to the RPC on an ex-officio basis.

An Action item was noted for Council to follow up on an earlier resolution to review the overall Committee Structure of Council.

RPC2/15

Resolution:

The Regional Planning 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.      Makes the following changes to its committee structure:

2.1.      Amends the terms of reference for the Regional Planning Committee to incorporate resource management functions currently undertaken by the Environment and Services Committee.

3.      Amends the revised Terms of Reference so that voting on the additional papers that the Regional Planning Committee would be considering as a result of incorporating additional resource management functions is based on:

3.1.      Majority voting (80%); and

3.2.      All members having voting entitlement.

4.      Agrees to the appointment of the Maori Committee Chairman as an ex-officio member of the Regional Planning Committee and amends the revised Terms of Reference accordingly.

Dick/Barker

CARRIED

 

8.

Incorporating Tangata Whenua Views

 

Helen Codlin introduced this paper which proposes that Council take a broader look at how tangata whenua views can be incorporated into its operational and governance activities and how best it can support the RPC.

Ms Codlin noted that Maori committee considered this paper at its meeting the previous day and that they indicated that they thought it was a good step, but noted that they didn’t want it hindering its proposal that a second their position be established to facilitate the relationship between Maori and Council.

This paper sought to establish a small working group to assist in the scoping of a terms of reference for a Phase 1 review of what we currently do, how effective it is,  and what other councils are doing from other stakeholders perspective.

The Committee supported the project and nominated Ms Tania Hopmans and Cr Rex Graham for the group alongside the co-chairs of the Committee.  It was noted the Mr Mike Mohi and Mr Marei Apatu have been nominated by the Maori committee to be on that working group.

It was noted that feedback from hapu on the TANK Group  might be included in this review as well as how well tangata whenua engage with the Council.

RPC3/15

Resolutions

The Regional Planning 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.      Agrees to undertake a review of HBRC’s practices to incorporate tangata whenua values to determine how HBRC can best incorporate tangata whenua values and how it can best support the Regional Planning Committee.

3.      Agrees to establish a working group of tangata whenua representatives from the Maori Committee (2) and the Regional Planning Committee (2) and Councillors (2) to assist staff in the Review Project, principally:

3.1    Agreeing the Terms of Reference for the Phase 1 Review

3.2     Agreeing the selection criteria and process for appointment of the consultant

4.      Endorses the following RPC members and Councillors for the working group:

4.1    Cr Fenton Wilson (co-Chair of Regional Planning Committee)

4.2     Mr Toro Waaka (co-Chair of Regional Planning Committee)

4.3     Cr Rex Graham (Councillor)

4.4     Ms Tania Hopmans (Regional Planning Committee member)

5.      Considers provisional funding in the draft Long Term Plan for the implementation of Phase 2.

Hopmans/Baker

CARRIED

 

9.

Mohaka Engagement Plan

 

Helen Codlin provided the background to the development of the Stakeholder Engagement Plan for both the Mohaka and the TANK catchments.  She noted that it is a new initiative to document the level of engagement so that it is clear for all stakeholders.

Ms Codlin specifically noted that the iwi/hapu engagement plans are being prepared separately from the stakeholder engagement plan so that the document can better reflect and incorporate tangata whenua values. She indicated that she was working with Te Taiwhenua o Heretaunga on the development of the hapu/iwi engagement plan for the TANK catchments based on the engagement principles contained in the ‘Mana Ake’ management plan. That engagement plan and the Mana Ake management plan is schedule to be presented to the Committee at its May meeting.

It was highlighted that the recommendations for these engagement plans are different to reflect the stages they are both in individually at. The Mohaka Engagement Plan is in draft and is yet to be sent out to the stakeholders.  Any major changes will be brought back to the Committee.

The Committee sought the inclusion of councillors on the stakeholder group as the representative of the general public. They also noted that Te Ahuwhenua Trust are also significant landholders in the catchment.

In response to questions, staff advised that:

  • RMA Reforms are likely to embed a very prescribed collaborative process for freshwater planning and that process and the engagement would require very careful documentation and recording.
  • In terms of  the iwi/hapu engagement plan, it is very similar to these plans but takes into account  the processes that iwi and hapu use for example the 3 stage hui process.
  • ‘Collaborate’ as a level of engagement is a more comprehensive process that ‘involve’ and can have implications on time frames for achieving plan changes.

The Committee noted that it is good to have the Mohaka plan change back on the table.

Action Item: Staff to circulate some additional background information on population and activities in the Mohaka River catchment.

RPC4/15

Resolutions

The Regional Planning 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.      Approves the Mohaka Engagement Plan for the Mohaka Plan Change, subject to:

2.1.      finalisation by staff, including any minor amendments arising from stakeholder feedback; and

2.2.      any major proposed amendments being brought back to the Committee for further recommendation.

Waaka/Brown

CARRIED

 

10.

TANK Engagement Plan

 

Refer to general introduction under Item 9.

Ms Hopmans noted that the Maungaharuru Tangitu Trust should also be consulted as part of the TANK catchments are within their rohe.

RPC5/15

Resolutions

The Regional Planning 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.      Approves the TANK Stakeholder Engagement Plan for the Greater Heretaunga / Ahuriri Plan Change development process.

Hopmans/Scott

CARRIED

 

11.

Iwi Hapu Management Plans

 

Gavin Ide explained the legal requirements of the RMA in terms of Iwi Hapu Management Plans (IHMPs) and the relative ‘weighting’ that Council needed to afford IHMP’s depending on whether they had been endorsed (or not) by an Iwi authority.

The paper proposed a revised process so that IHMPs were presented to the Regional Planning committee, instead of the Maori Committee, as they were the committee of council that would have to take them into account when creating or changing council plans.

It was noted that the Maori Committee supported this change and also asked staff to prepare a list of ‘iwi’ authorities, for their review.

The Committee asked staff to ensure that the appropriate staff are provided with copies of any iwi/hapu management plans when they have been lodged.  The Committee also asked staff to ensure that the groups preparing the documents understand that lodging the documents does not mean HBRC accepts or give approval to any proposed activities that it might contain. They would still need to comply with any rules associated with that activity.

The Committee encouraged hapu to share documents with other hapu who may not have the resources to development a plan from scratch.  It was noted that the ‘Mana Ake’ management plan was for a collective of hapu in the Heretaunga rohe.

In response to a question, staff advised that ‘must take into account’ means the Committee must specifically turn its mind to the management plan when developing policy under the RMA. In practice, staff will undertake that assessment and report it back to the Committee for consideration as part of policy development.

RPC6/15

Resolutions

That the Regional Planning Committee:

1.     Receives the ‘Iwi/Hapu Management Plans’ report

2.      Agrees that any future iwi/hapu management plans are to be presented to the Regional Planning Committee

3.      Agrees that copies of any future iwi/hapu management plans are provided to members of the Maori Committee.

The Regional Planning Committee recommends that Council:

4       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.

5       Notes that iwi/hapu management plans must be received and are considered to be lodged at the moment the document is passed to the Council via a staff member or other duly authorised person (e.g. the Chairman) acting on behalf of the Council; and cannot be declined or returned to tangata whenua if the relevant iwi authority has acknowledged the iwi/hapu management plan.

6       Amends the Council’s process for receiving iwi/hapu management plans so that any such plans are presented to the Regional Planning Committee and copies of plans are provided to members of the Maori Committee.

7.     Agrees that the Council continues to offer the opportunity for groups to present their iwi/hapu management plan(s) to the Regional Planning Committee at a location of the Group’s choosing or at a Regional Planning Committee meeting.

Waaka/Dick

CARRIED

 

12.

February 2015 Resource Management Planning Project Update

 

This gives an update on various RMA projects.

In relation to the Oil and Gas policy development project, Ms Hopmans advised that iwi and hapu are very interested in understanding more about this topic. Helen Codlin advised that we had asked the Parliamentary Commissioner for the Environment (‘PCE’) to present her report and that it should be presented to this Committee. She also advised that MBIE were starting roadshows to get feedback from Councils on what might be required in response to the PCE report. From a broader Energy Strategy perspective, which is one of the Big Six LTP issue, Cr Belford briefed the Committee on proposals that are being considered to initially profile Hawkes Bay’s energy use and demand, of which oil and gas will be a part of that and to look at a process for public engagement.

Action point: Staff to prepare and circulate a memo summarising what the ‘Energy Futures’ project is about and its associated timelines.

RPC7/15

Resolution

1.     That the Regional Planning Committee receives the ‘February 2015 Resource Management Planning Projects Update’ report.

Baker/Beaven

CARRIED

 

13.

Minor Items Not on the Agenda

 

 

Item

Topic

Councillor / Staff

1.   

Ahuriri Estuary

Heard there was to be extensive Napier City Council work around Ahuriri Estuary. Staff to find out and distribute that information.

Cr Graham

2.   

Proposal for a retreat

Would like to propose a retreat for the Regional Planning Committee to share their views and issues of their rohe and their aspirations for the Committee.

Cr Graham

3.   

Update on Biodiversity Strategy

Asked for an update as he has been to a few meetings where this issue and the lack of consultation has been raised.  Toro would like to put this on hold a bit until there is clarification that these people are happy with this process.

Cr Belford advised that the steering group met a few weeks ago and there were representatives from Wairoa there and a lot of the issues have been taken into account in the final document. He thought people left that many reasonably happy.

Toro Waaka noted that there is a big push by government to develop Maori land and this strategy might hinder that. He thought all farmers who have land should allocate some as a reserve, rather than those landowners with blocks of native vegetation. His concern was about the adequacy of consultation and some of these farmers were more directly affected due to the amount of land.

Staff to advise of the timeframe for finalising the biodiversity strategy.

Mr Toro Waaka

4.   

Hawea Park

This extension to Pakowhai park is under development with discussions between Hastings District Council, the Maori Landowner and Hawke’s Bay Regional Council currently progressing.

Cr Graham

 

 

 

 

Closure:

There being no further business the Chairman declared the meeting closed at 3.05pm on Wednesday, 18 February 2015.

 

Signed as a true and correct record.

 

 

 

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