Meeting of the Hawke's Bay Regional Council Hearings
Committee
Date: Tuesday 13 October 2015
Time: 1.00pm
|
Venue:
|
Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
|
Agenda
Item Subject Page
1. Welcome/Notices/Apologies
2. Conflict
of Interest Declarations
3. Confirmation of
Minutes of the Hearings Committee held on 29 July 2015
4. Matters Arising
from Minutes of the Hearings Committee held on 29 July 2015
Decision Items
5. Hearings Committee
Terms of Reference 3
6. Confirmation of
Hearings Panel Appointments 7
Information or Performance Monitoring
7. Schedule of
Limited and Publically Notified Consent Applications in Process 9
HAWKE’S BAY REGIONAL COUNCIL
Hearings
Committee
Tuesday 13 October 2015
Subject: Hearings Committee
Terms of Reference
Reason for Report
1. The Terms of
Reference were updated in August 2015, however a procedural issue with the
changes made requires further amendments be made. This report identifies the
changes required.
Delegation
of powers to appoint hearing commissioners
2. Through the
Terms of Reference the Regional Council has delegated certain RMA functions to
the Hearings Committee. These include the power to hear and make decisions on a
resource consent application. They also include the power to appoint Hearings
Committee members or independent commissioners to a Hearing Panel in order to
hear and make decisions on a resource consent application.
3. For the committee
to exercise these powers it needs to be formally convened so that the
appointments can be made. This needs to occur as and when a hearing is
programmed, and may need to be done at fairly short notice to meet RMA
timelines.
RMA Consents
Processing Timelines
4. RMA time frames
can be tight. Recent amendments have aimed for a six month processing timeline
for notified applications and four and half months for limited notified
applications (see diagram below). But two months of this time can be taken
receiving and notifying the applications. Once submissions close there may be a
period of discussions and prehearing before it is clear that a hearing is
required. Then it may be necessary to establish a panel quickly to remain
within the timelines.
5. In updating the
Terms of reference staff included section 3 which delegates the appointment of
the hearings panel to the Hearings Committee Chairman and the Council Chairman.
This was done in an endeavour to allow quick appointment decisions. However
this overlooked the limitation of s34A which allows the Council or the
Committee to delegate its powers and functions but does not allow these to be
further delegated.
6. It is
recommended that section 3 of the Terms of reference be deleted.
7. This will mean
that each Hearing Panel will need to be appointed by the Hearings Committee.
The Committee meeting will be advised, convened and run as per LGA and LGOIMA
requirements.
8. The quorum for
the Committee is two, so while all members would be advised and invited to the
meeting it would not be necessary for all to attend. This quorum allows for the
Hearings Committee Chairman and the Chairman of Council to make appointments to
hearing panels if they are the only two members in attendance at the Hearings
Committee meeting.
Decision Making
Process
9. Council is required to make a decision in accordance with the
requirements of the Local Government Act 2002 (the Act). Staff have
assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation
to this item and have concluded the following:
9.1. The decision does not significantly alter the service provision or
affect a strategic asset.
9.2. The use of the special consultative procedure is not prescribed by
legislation.
9.3. The decision does not fall within the definition of Council’s
policy on significance.
9.4. Options that have been considered are outlined in this report.
9.5. The decision is not inconsistent with an existing policy or plan.
9.6. Given the nature and significance of the issue to be considered and
decided, the Committee can exercise its discretion and make a decision without
consulting directly with the community or others having an interest in
the decision.
|
Recommendations
The Hearings
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 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 or others who have an interest in the decision.
2. Adopts the Terms of Reference amended by deleting section 3.
|
|
Malcolm Miller
Manager Consents
|
Iain Maxwell
Group Manager
Resource Management
|
Attachment/s
|
1
|
Proposed
Hearings Committee Terms of Reference Amendments
|
|
|
HAWKE’S BAY REGIONAL COUNCIL
Hearings
Committee
Tuesday 13 October 2015
Subject: Confirmation of
Hearings Panel Appointments
Reason for Report
1. A hearing has
been scheduled for the establishment of an asphalt plant at 1438 Omahu Road
Hastings, requiring appointment of a Hearing Panel in accordance with RMA
section 34(A).
Panel for CPM Asphalt
2. Councillors
Christine Scott (Chair), Fenton Wilson and Debbie Hewitt are recommended for
appointment to the panel. All are accredited commissioners.
Decision Making
Process
3. The Committee
is required to make a decision in accordance with Part 6 Sub-Part 1, of the
Local Government Act 2002 (the Act). As this report is for information
only and no decision is to be made, the decision making provisions of the Local
Government Act 2002 do not apply.
|
Recommendations
1. That the Hearings Committee confirms the appointment, to the CPM
Asphalt Hearing Panel, in accordance with RMA section 34(A), of Councillors
Christine Scott (Chair), Fenton Wilson and Debbie Hewitt.
|
|
Malcolm Miller
Manager Consents
|
Iain Maxwell
Group Manager
Resource Management
|
Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Hearings
Committee
Tuesday 13 October 2015
Subject: Schedule of Limited and
Publically Notified Consent Applications in Process
Reason for Report
1. This report provides the Committee with information about resource
consent applications in the process that may or do require a hearing and an
associated schedule.
Schedule of Limited and Publically
Notified Applications and Hearings Progress
|
Consent
ID
|
Applicant / Activity
|
Hearing Panel
|
Processing Stage
|
|
CD960330Wf
CL120058Oa, CL140317C and CL140330D
|
Pan Pac To
extend their coastal outfall and relocate the point of discharge
|
Clrs
Scott, Beaven and Commissioner R. Maaka
|
Decision
notified 16 September
Appeal
period closes 9 October
|
|
DP150070A
|
C.P.M.
Asphalt Limited to discharge to air from an asphalt plant at Omahu Road
|
Clrs Scott,
Wilson, Hewitt
|
Hearing
scheduled 19 October
|
|
Group of
replacement consents
|
Group of
applicants. To replace expiring resource consents to take water from the
Ngaruroro River and adjacent groundwater
|
Hearing
panel to be confirmed if required
|
Pre
hearing
First
prehearing was held on 2 September & second proposed October/November
|
|
WP140331T
|
Twyford
irrigation group. Proposal to take emergency water via the global consent
|
Hearing
panel to be confirmed if required
|
Prehearing
scheduled 15 October
|
Decision Making
Process
2. Council is
required to make a decision in accordance with Part 6 Sub-Part 1, of the Local
Government Act 2002 (the Act). As this report is for information only and
no decision is to be made, the decision making provisions of the Local Government
Act 2002 do not apply.
|
Recommendation
1. That the Hearings Committee receives the
“Schedule of Limited and Publically Notified Consent Applications in
Process” report.
|
|
Daphne Barraclough
Consents Coordinator
|
Louise McPhail
Hearings Coordinator
|
|
Malcolm Miller
Manager Consents
|
|
Attachment/s
There are no
attachments for this report.
