MINUTES OF A meeting of
the Regional Planning Committee

 

Date:                          Wednesday 3 February 2016

Time:                          11.00 am

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

Cr Rick Barker

Cr Peter Beaven

Cr Tom Belford

Cr Alan Dick

Cr Rex Graham

Cr Debbie Hewitt

Mr Karauna Brown, Ngati Hineuru Iwi Inc

Ms Tania Hopmans, Maungaharuru-Tangitu Trust

Mr Peter Paku, He Toa Takitini

Cr Dave Pipe

Cr Christine Scott

Mr Rangi Spooner, Mana Ahuriri Incorporated 

Mr Allen Smith, Te Tira Whakaemi o Te Wairoa

 

 

In Attendance:          James Palmer – Group Manager Strategic Development

Iain Maxwell – Group Manager Resource Management

G Ide – Manager Strategy & Policy

M Baker – Senior Planner

D Gordon – Principal Scientist Groundwater

S Swabey – Manager Science

A Haidekker – Scientist

J Dick – Ngati Kuhugnunu II

N Tiuka – NKII
M Apatu – NKII

N van Pelt – Executive Assistant

 

 


1.       Welcome/Apologies/Notices 

Karakia – Toro Waaka

Chairman Fenton Wilson welcomed everyone to the meeting

Notices

Acting Chief Executive Elizabeth Lambert is unavailable today.

Apologies

RPC1/16    That the apologies for absence from Mr Nigel Baker be accepted.

Scott/Barker

CARRIED

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Regional Planning Committee Meeting Held on 4 November 2015

RPC2/16

Resolution

Minutes of the Regional Planning Committee held on Wednesday, 4 November 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Pipe/Beaven

CARRIED

 

4.       Matters Arising from Minutes of the Regional Planning Committee Meeting Held on 4 November 2015

There were no matters arising from the minutes.

 

  5.

Follow-up Items from Previous Regional Planning Committee Meetings

 

Mr Wilson updated the Committee on the status of the follow-up items on the list.

Maori rep on the HB Tourism Board: A Job description will be going out in the next 4-6 weeks.

Water Quantity Allocation Policy and Consenting Processes workshop: Mr Maxwell would like to clarify the scope of the Workshop session and will report back at the April meeting.

RPC3/16

Resolution

1.      That the Regional Planning Committee receives the report “Follow-up Items from Previous Regional Planning Committee Meetings”.

Dick/Scott

CARRIED

 

6.

Call for any Minor Items not on the Agenda

 

Resolution

That Regional Planning Committee accepts the following minor items not on the agenda, for discussion as item 17:

1.        Waihi dam (Cr Graham)

 


 

 7.

Heretaunga Plains Groundwater Science Investigations

 

Mr Maxwell gave some background for those who have not been aware of discussions and information that went to council prior to today’s meeting. Mr Maxwell explained that the paper has set out as best as possible the costs, benefits and risks that might have to be considered when looking at the options available. Mr Maxwell also noted that there are no recommendations in the paper as staff were only asked to look at options to bring back to the Committee.

It has not been set out in the paper how to fund any options as this would be the next stage depending on which option is chosen. The paper only covers the external costs and borrowing would be likely to fund the work., Details would be brought back to the committee depending on which option is chosen.

Mr Dougall Gordon, Mr Stephen Swabey provided an overview of the Heretaunga Plains Groundwater Science Investigations. Mr Gordon talked the Committee through the potential benefits, limitations, risks, estimated costs and timeframes for several options (outlined in the report). Staff also outlined the current approach to engaging with well drillers on groundwater matters.

The item was adjourned at 12pm, so that item 14 could be considered at the scheduled time on the Agenda.

 

 

 

14.

Verbal Presentation of NKII Perspectives on RRMP Change 5

 

Mr Ngaio Tiuka, Mr Marei Apatu & Mr Jonathan Dick gave a verbal presentation on Plan Change 5 and the Ngati Kahungunu Iwi Incorporated appeal to the Environment Court. It was pointed out that a substantial number of issues were resolved through the mediation process. Mr Tiuka covered the mediation resolutions.

Mr Toro Waaka extended an invitation to Mr Tiuka, Mr Apatu and Mr Dick to the Pre meeting of Tangata Whenua Representatives held prior to each Regional Planning Committee meeting.

RPC4/16

Resolution

1.     That the Regional Planning Committee receives and takes note of the “Verbal Presentation of NKII Perspectives on RRMP Change 5”.

Waaka/Graham

CARRIED

 

The meeting adjourned at 12.30pm and reconvened at 1.07pm

 

7.

Heretaunga Plains Groundwater Science Investigations

 

Discussions continued

RPC5/16

Resolutions

1.      That the Regional Planning Committee receives and takes note of the “Heretaunga Plains Groundwater Science Investigations” report.

2.      The Regional Planning Committee recommends that Council:

2.1.      Agrees that the decisions to be made are significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council may need to consult directly with the community about these matters.

2.2.      Continues to develop the coupled groundwater/surface water model to full scenario testing capability with urgency.

2.3     Requests staff bring back to Council, for consideration for the 2018 LTP, a cost/benefit analysis for a staged programme of deep drilling of the Heretaunga aquifer.

Scott/Dick

Councillor Beaven moved an amendment, seconded by Councillor Belford; being an additional resolution 2.4:

2.4     Instructs staff to consult with local practitioners and report back on a programme of isotope tracer analysis to better inform TANK on sources of water in the aquifer and the interaction between ground and surface water.

Beaven/Belford

For: Smith, Hopmans, Barker, Spooner, Paku, Belford, Graham, Beaven, Waaka, Kirikiri, Brown (69%)

Against: Wilson, Scott, Hewitt, Pipe (25%)

Abstained: Dick

LOST

In accordance with the RPC Terms of Reference, the agreement of 80% of the Committee members in attendance is required to pass a resolution.

The amendment was LOST and therefore the substantive motion was PUT

1.      That the Regional Planning Committee receives and takes note of the “Heretaunga Plains Groundwater Science Investigations” report.

2.      The Regional Planning Committee recommends that Council:

2.1.      Agrees that the decisions to be made are significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council may need to consult directly with the community about these matters.

2.2.      Continues to develop the coupled groundwater/surface water model to full scenario testing capability with urgency.

2.3     Requests staff bring back to Council, for consideration for the 2018 LTP, a cost/benefit analysis for a staged programme of deep drilling of the Heretaunga aquifer.

Scott/Dick

CARRIED

 

8.

Ngaruroro River and Clive River Water Conservation Order Application

 

Mrs Mary-Anne Baker presented an overview of the application for the conservation order over the Ngaruroro and Clive rivers and covered the implications of this.

RPC6/16

Resolutions

1.      That the Regional Planning Committee receives and notes the report titled “Ngaruroro River and Clive River Water Conservation Order Application.”

2.      The Committee’s Co-Chairs, on behalf of the Regional Planning Committee, write to the Minister for the Environment to:

2.1.      respectfully request that the Minister decline the WCO application for the Ngaruroro and Clive Rivers, but note the potential for a future application once the Plan Change process has been completed.

2.2.      inform the Minister of the Committee’s concerns described in this report and any other matters arising at the meeting, particularly in relation to:

2.2.1.    The Regional Planning Committee’s own role and responsibilities regarding planning documents prepared under the RMA

2.2.2.    the impact of a WCO process on existing Council-led initiatives including the TANK process and science programme

2.2.3.    the desirability of waiting for outputs from the current work programme to better inform land and freshwater management planning decisions

2.2.4.    the risk to integrated land and water management of the Ngaruroro and other connected rivers and groundwater’s

2.2.5.    the risk to the Council and community efforts to implement the NPSFM 2014

2.2.6.    the CEF-funded project being led by the Regional Council to develop criteria and methodology for use in identifying values of outstanding water bodies in NPSFM 2014 terms.

2.2.7.    the potential inefficient use of resources as Council, iwi and stakeholders are diverted by a process that seeks the same outcomes as existing processes to progressively and fully implement the NPSFM before 31 December 2025.

2.2.8.    the limitations to consider the full range of management options available under the RMA to manage land and water use in the subject catchments.

3.      The Regional Planning Committee recommends that Council:

3.1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community.

3.2.      Notes the Committee’s concerns and supports the Committee’s expression of those concerns in writing to the Minister for the Environment and Minister of Treaty Claims.

Waaka/Wilson

CARRIED

 

9.

Future of the Greater Heretaunga/Ahuriri (TANK) Collaborative Stakeholder Group

 

Mr James Palmer gave a recap on the TANK Group and the TANK project. The TANK project is much wider than the work of the TANK Collaborative Stakeholder Group. The wider TANK project is a plan change process that needs to give effect to Plan Change 5, the National Policy Statement on Freshwater Management and must address many of the emerging issues around fresh water management in the region. It also involves the complex interactions between all of the hydrologically connected catchments.

Mr Palmer will provide an update to the RPC meeting in April.

RPC7/16

Resolutions

1.      That the Regional Planning Committee:

1.1.      Receives and takes note of the report titled “Future of the Greater Heretaunga/Ahuriri (TANK) Collaborative Stakeholder Group.”

1.2.      Notes and acknowledges the progress made by the TANK Group, particularly presentation of the Group’s Interim Report, work on identifying freshwater values and objectives, and possible indicators of plan change and policy option effectiveness.

1.3.      Notes that an application has been lodged for a Water Conservation Order for the Ngaruroro and Clive rivers, plus their tributaries and connected groundwater systems, and that process will significantly complicate the TANK plan change project’s planning and science work programmes.

1.4.      Notes that key science inputs into the TANK Group process remain a priority for the Science Team, and timeframes for critical science delivery will be reviewed and presented to the Regional Planning Committee’s meeting in April.

2.      The Regional Planning Committee recommends that Council:

2.1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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 Future of the Greater Heretaunga/Ahuriri Collaborative Stakeholder Group (a.k.a. the ‘TANK Group’).

2.2.      Agrees that the TANK science work programme and the TANK Science Technical Advisory Group continue their work as a matter of priority for the Council.

2.3.      Requests that the Group Manager Strategic Development:

2.3.1.    reports back to the Regional Planning Committee meeting in April 2016 with a draft ‘master plan’ for the TANK plan change project outlining critical deliverables and dependencies between now and the plan change becoming operative.

2.3.2.    reports back to the Regional Planning Committee meeting in April 2016 with a framework to clarify the relationship between the Regional Planning Committee and any collaborative regional plan development processes undertaken in the region, including protocols around membership.

2.3.3.    reports back to the Regional Planning Committee meeting in April 2016 with a proposed approach to the TANK Group’s operations, including on matters of leadership and facilitation.

2.3.4.    reports back to the Regional Planning Committee, upon enactment of the Resource Legislation Amendment Bill, with an analysis of options for any statutory recognition of past or future collaborative planning within the TANK project.

Graham/Hopmans

CARRIED

 

Ms Hopmans left the meeting at 3.06pm

 

10.

Tutaekuri and Ngaruroro Catchments – Nutrient Limitation of Algal Growth

 

Mrs Sandy Haidekker introduced the item to the committee which summarises the findings of a study conducted to inform the process of setting nutrient management strategies in a proposed plan change for the Tutaekuri, Ahuriri, Ngaruroro and Karamu catchments.

RPC8/16

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 Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community.

2.      Approves the “Tutaekuri and Ngaruroro Catchments – Nutrient Limitation of Algal Growth“ report for publication.

Scott/Dick

CARRIED

 

11.

Karamu Catchment – Ecological Health of Lowland Streams

 

Mrs Sandy Haidekker introduced the item to the committee.

RPC9/16

Resolutions

1.      That the Regional Planning Committee receives the Karamu Catchment – Ecological Health of Lowland Streams” report.

2.      The Regional Planning Committee recommends that Council:

2.1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community.

2.2.      Approves the “Karamu Catchment – Ecological Health of Lowland Streams” report for publication.

Scott/Dick

CARRIED

 

12.

Resource Legislation Amendment Bill

 

Mr Palmer presented the report on the Resource Legislation Amendment Bill. The select committee will be receiving submission’s until 14th Mar 2016.

RPC10/16

Resolutions

1.      That the Regional Planning Committee:

1.1.      Receives and takes note of the Resource Legislation Amendment Bill report.

1.2.      Provides feedback at the meeting to planning staff on content of a draft submission to be prepared.

1.3.      Members provide feedback via email to planning staff on a draft submission to be prepared following discussion and feedback at the Committee meeting, so that feedback can inform a revised draft submission for consideration by the Council at its meeting on 24th February 2016.

2.      The Regional Planning Committee recommends that Council:

2.1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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.

2.2.      Makes a submission on the RLA Bill, which is broadly supportive of the LGNZ submission (currently being drafted), and raises points requiring further explanation, and consideration of particular concerns from a local Hawke’s Bay perspective. This submission will be in line with the staff assessment prepared so far and as attached, and with any matters raised by members of the Regional Planning Committee.

Scott/Dick

CARRIED


 


13.

Marine Protected Areas Consultation Document

 

Mr Palmer provided an overview of this item. The government is presently consulting on a new marine protected areas regime which would update the current 1971 Marine Reserves Act. This is a complicated act and our interest lies in the coastal strip and our responsibilities are for management of that and how it might interact with the new regime.

RPC11/16

Resolutions

1.      That the Regional Planning Committee receives and notes the “Marine Protected Areas Consultation Document” report.

2.      The Regional Planning Committee recommends that Council:

2.1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community.

2.2.      Supports Local Government New Zealand’s preparation of a submission on the MPA Consultation Document, on behalf of the local government sector.

Barker/Graham

CARRIED

 

Cr Hewitt left at 4.20pm

 

15.

February 2016 Resource Management Planning Project Update

 

Mr Ide gave an update of the February 2016 Resource Management Planning Projects.

RPC12/16

Resolution

1.     That the Regional Planning Committee receives and takes note of the ‘February 2016 Resource Management Planning Projects Update’ report.

Dick/Beaven

CARRIED

 

16.

November 2015 - January 2016 Statutory Advocacy Update

 

Mr Ide provided an update on the November 2015 - January 2016 Statutory Advocacy report. Mr Ide also talked the committee through attachment 3 Harmonisation of Napier Plan Change 10 and the Hastings District Plan Review provisions.

RPC13/16

Resolution

1.     That the Regional Planning Committee receives the November 2015 – January 2016 Statutory Advocacy Update report.

Pipe/Belford

CARRIED

 

17.

Minor Items not on the Agenda

 

 

Item

Topic

Councillor / Staff

1.   

Waihi Dam: Expressed how upset he and the community are over the Waihi dam, and hopes the Eastland Group will be held accountable.

Cr Graham

 

Closure:

There being no further business the Chairman declared the meeting closed at 4.37pm on Wednesday 3 February 2016.

 

Signed as a true and correct record.

 

 

 

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