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
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
4. Matters Arising from Minutes of the Regional Planning Committee Meeting Held on 20 August 2014
There were no matters arising from the minutes.
Follow-ups from Previous Regional Planning Committee Meetings |
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There were no follow-ups from previous Regional Planning Committee meetings. |
Call for any Minor Items not on the Agenda |
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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 |
HBRC Committee Structure |
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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. |
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. CARRIED |
Incorporating Tangata Whenua Views |
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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. |
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. CARRIED |
Mohaka Engagement Plan |
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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:
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. |
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. CARRIED |
TANK Engagement Plan |
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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. |
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. CARRIED |
Iwi Hapu Management Plans |
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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. |
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. CARRIED |
February 2015 Resource Management Planning Project Update |
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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. |
1. That the Regional Planning Committee receives the ‘February 2015 Resource Management Planning Projects Update’ report. CARRIED |
Minor Items Not on the Agenda |
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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: ...............................................