MINUTES OF A meeting of the Hearings Committee

Date:                          Tuesday 13 October 2015

Time:                          1.00pm

Venue:

Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER

Present:                     C Scott - Chairman

R Barker

B Gregory

D Hewitt

D Pipe

F Wilson

In Attendance:          I Maxwell – Group Manager Resource Management

M Miller – Manager Consents

N van Pelt – Executive Assistant

R O’Leary - consents officer

E Petuha - consents officer

L McPhail - consents administrator and Hearings Coordinator

G Shirras - consents officer

P Barrett - senior consents officer

1. Welcome/Apologies/Notices 

The Chairman welcomed everyone to the meeting, noting the absence of Mssrs Apatu, Maaka and Mohi, and Councillor Peter Beaven.

The Chairman further advised that there will be an informal discussion around the Regional Resource Management Plan (RRMP) and plan change 6 provisions.

Mr Malcom Miller, Manager Consents, introduced his team to the Committee including:

· Reece O’Leary (consents officer)

· Erin Petuha (consents officer)

· Louise McPhail (consents administrator and Hearings Coordinator)

· Greg Shirras (consents officer)

· Paul Barrett (senior consents officer)

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3.      Confirmation of Minutes of the Hearings Committee Held on 29 July 2015

HC5/15

Resolution Minutes of the Hearings Committee held on Wednesday, 29 July 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. Wilson/Pipe CARRIED

4.       Matters Arising from Minutes of the Hearings Committee Held on 29 July 2015

There were no matters arising from the minutes.

5.	Hearings Committee Terms of Reference
	A discussion covered the following issues satisfying the proper powers of delegation. Mr Maxwell noted that council doesn’t have the ability to delegate its delegations to an individual, and recommended removing section 3 in the ToR.   Mr Miller referred to the processing timeframes and the ability of panel members to attend at short notice. It was agreed that more effort would go into managing the timeframes flexibility. Where practical meetings will be held in conjunction with other meetings of Council or Committees. Attendance by all committee members is required at all Hearing Committee meetings, unless an apology is extended, as is the case for all Council and Committee meetings.
HC6/15	Resolutions 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 as amended by deleting section 3. Wilson/Hewitt CARRIED

6.	Confirmation of Hearings Panel Appointments
HC7/15	Resolution 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. Pipe/Gregory CARRIED

7.	Schedule of Limited and Publically Notified Consent Applications in Process
	Mr Miller updated the committee on applications that may or do require a hearing. Pan Pac, C.P.M Asphalt Limited, Ngaruroro & Twyford.
HC8/15	Resolution 1. That the Hearings Committee receives the “Schedule of Limited and Publically Notified Consent Applications in Process” report. Wilson/Barker CARRIED

General discussions around RRMP and Plan Change 6 traversed:

• Change 5 to the Regional Policy Statement was recapped by Mr Ide, noting in particular that Change 5 introduced a range of new provisions into the RPS to guide and direct integrated management of land and freshwater.  Four appeals were originally made against HBRC’s decisions on submissions.  Mr Ide provided an update on the status of Change 5, noting that many of the provisions were now beyond challenge, with the exception of a bundle of provisions relating to the definition of ‘wetland.’
• The Environment Court’s ruling in Ngati Kahungunu Iwi Incorporated v HBRC was discussed.  This included some perspectives being shared on the implications of RPS Objective 21’s reference to “No degradation” in the context of resource consent decision-making c.f. plan and policy making and how that fits alongside other RPS and NPSFM provisions.
• Mr Ide recapped what the Regional Policy Statement is, and that it is contained within the Regional Resource Management Plan.

Cr Rick Barker was excused at 2.05pm

• Mr Ide advised the Committee that PC6 had become operative on 1 October 2015, and so it now had full legal effect.  Amendments to update the RRMP’s relevant sections was still in progress and when completed, the revised RRMP files would be uploaded to www.hbrc.govt.nz.
• There have been a series of staff groups set up within Council to focus on farm plans, nutrient budgets, water quantity and other PC6 implementation issues.
• This then goes back to a broader group within council referred to as an implementation group.
• The implementation group work on aPC6 Implementation plan this sets out various bits that need to be dealt with and the plan will work with back to committee then back to council
• In conjunction principles around implementation to help set the boundaries we will operate within

Upcoming changes to the RMA

• Where do you see any response council might make to those
• should be tested through this committee
• Prepare for a meeting in November sometime
• Limited notified

Closure:

There being no further business the Chairman declared the meeting closed at 2.25pm on Tuesday 13 October 2015.

Signed as a true and correct record.

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