MINUTES OF A meeting of the Regional Planning Committee
Date: Wednesday 3 August 2016
Time: 10.00am
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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 Tom Belford
Cr Alan Dick
Cr Rex Graham
Cr Debbie Hewitt
Ms Nicky Kirikiri, Te Toi Kura o Waikaremoana
Dr Roger Maaka, He Toa Takitini
Mr Peter Paku, He Toa Takitini
Cr Christine Scott
Mr Matiu Heperi Northcroft, Ngati Tuwharetoa Hapu
Mr Allen Smith, Te Tira Whakaemi o Te Wairoa
Mr Rangi Spooner, Mana Ahuriri Incorporated
Karauna Brown, Ngati Hineuru Iwi Inc (from 10.43am)
In Attendance: E Lambert – Interim CE
J Palmer – Group Manager Strategic Development
I Maxwell – Group Manager Resource Management
A Newman – HBRIC Ltd CE
C Drury – Cheal Consultants
G Ide – Manager Strategy & Policy
S Swabey – Manager Science
A Hicks – Principal Scientist WQ & E
A Madarasz-Smith - Senior Scientist
O Wade - Scientist
S Haidekker – Scientists
S Lambert – Senior Planner
J Raihania – Senior Planner
N van Pelt – Executive Assistant
M Mohi – Chairman Maori Committee
Charlotte Drury – Principal Consents Planner
N Heath – Acting Manager Land Management
W Hesketh - Senior Land Management Advisor
C Tyler – Senior Land Management Advisor
Karakia – Toro Waaka
Chairman Fenton Wilson welcomed everyone to the meeting
Resolution
RPC37/16 That the apologies for absence from Crs Peter Beaven and Dave Pipe and for lateness from Tania Hopmans be accepted.
Hewitt/Waaka
CARRIED
Notices
Mr Peter Paku advised that he will need to leave early
Mr Allen Smith announced that in accordance to the Hawke’s Bay Regional Planning Committee Act 2015, Ms Pare Hill has been appointed representative by the trustees of Tūhoe Te Uru Taumatua as the Tangata Whenua representative of the Tūhoe Trust, which was established by trust deed dated 5 August 2011. Ms Hill will attend the 21 September RPC meeting.
The Chairman advised that there is a camera in the room for the filming of the Annual Report so the material can be used to make a video.
Mr Matiu Heperi Northcroft introduced himself and gave feedback from iwi rep workshop on the previous day.
Cr Rick Barker’s and Mr Karauna Brown’s absence without apology was noted.
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Planning Committee Meeting Held on 1 June 2016
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Minutes of the Regional Planning Committee meeting held on Wednesday, 1 June 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. CARRIED |
4. Matters Arising from Minutes of the Regional Planning Committee Meeting Held on 1 June 2016
There were no matters arising from the minutes.
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Follow-up Items from Previous Regional Planning Committee Meetings |
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Status of the RPC Terms of Reference review - ToR for RPC is ongoing work and refinement around legal review of latest draft. Intention is to bring back a refined ToR for adoption at first RPC meeting post elections. Workshop/fieldtrip around Riparian Assessment for Tukituki and TANK catchments – A date was proposed but there was not enough interest, will revisit later in the year. Tukituki Implementation Principles - Circulated by email to RPC members in July. Ngaruroro Water Conservation order application - Meeting with consultants representing the applicants this week to begin discussions around special tribunal process for consideration of the WCO alongside the TANK plan change process. To date a special tribunal hasn’t been appointed by the Minister for the Environment, this will go through a cabinet process, the hearings will likely not commence early 2017 Greater Heretaunga (TANK) plan change - Progress remains good, pace and volume of work increasing. |
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That the Regional Planning Committee receives the report “Follow-up Items from Previous Regional Planning Committee Meetings”. CARRIED |
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Call for Any Minor Items Not on the Agenda |
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That the Regional Planning Committee accepts the following minor items not on the agenda, for discussion as item 16: 1. Update on RM Legislation Amendment Bill – T Hopmans 2. Process for ensuring we are recording somewhere in the RPC the report back from Council when we make recommendations to close the loop – T Hopmans 3. Update on RWSS – E Lambert 4. Waihi Dam and how is this moving forward – A Smith 5. Nigel Baker Acknowledgement – T Waaka |
Karauna Brown arrived at 10.43am
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Regional Planning Committee 2015-16 Annual Activity Report |
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Mrs Joyce-Anne Raihania provided an overview of the topics covered and resolutions passed by the Regional Planning Committee over the last 12 months Staff have taken a new approach with regards to the Annual Activity Report and looking to use a multimedia production. There will be interviews with the co-chairs as well as any other Councillors or RPC members if they wish. The expectation is to have this completed for viewing at a launch on the 21 September. Mr Jeremy Macleod has translated the 2015-2016 Annual Activity Report. Copies had been given to tangata whenua members to give feedback. It was mentioned that Mr Maxwell is going to look at how key reports from the Resource Management Group can be made more relevant and accessible to tangata whenua. Staff explained that any member of the committee was able to be interviewed for the video. Ms Tania Hopmans requested that a written published document be made available to those who don’t have access to technology. A dvd was also suggested along with the addition of a glossary of terms. Members requested viewing statistics. A question was raised regarding the usage and measure of the Pataka website. Council agreed to prepare a report stating the hits and audiences. The document was prepared by the Communications Team in partnership with Strategic Development team. The intention was to reflect the diversity of the committee. |
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That the Regional Planning Committee 1. Receives and notes the “Regional Planning Committee 2015-16 Annual Activity Report”. 2. Requests that staff: 2.1. undertake the production of a video based on the “Summary of the RPC Annual Activity Report 2015-2016” that contains interviews with the Committee Chairs and Members; and 2.2. complete the production before the Committee meeting of 21 September 2016, in order to present the final product to the Committee for final approval and release to the public at that meeting. CARRIED |
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Greater Heretaunga Plan Change (TANK) Iwi Engagement Plan |
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Mrs Joyce-Anne Raihania provided an update on the above item. At the last meeting Mrs Raihania had presented the Committee with a draft Iwi Engagement Plan which had been supported by the committee. A final review and sign off process was employed to include Te Manaaki Taiao as the collaborating writers which resulted in further discussion of what was needed to complete the plan. A fundamental issue identified by Te Manaaki Taiao is the need to clarify the TANK Group tangata whenua/mana whenua membership. A meeting was convened with Te Manaaki Taiao to finalise this work. Discussions have resulted in the separation of the process in which the Council engages with i) Heretaunga mana whenua representatives and ii) the Mana Ahuriri and iii) Maungaharuru Tangitu identifying those with a mandate to speak for their respective Iwi. It is hoped that separating each of these entities and stating their processes of engagement, will ensure a transparent pathway for engagement in partnership, within the TANK process. It is important to note however that while this process is running, Council has contracted Ngati Kahungunu Iwi Inc. to deliver a project that translates mana whenua values to attributes for the Ngaruroro River. This project is expected to be completed by 8 September. An application has been received by the Tutaekuri Awa roopu to complete their values and attribute report for the Tutaekuri River. |
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That the Regional Planning Committee: 1. Receives and notes the staff report on the current status of the draft Greater Heretaunga Plan Change (TANK) Iwi Engagement Plan. 2. Endorses the process of continued consultation with Te Manaaki Taiao in conjunction with the appropriate Tangata Whenua representatives of the RPC. 3. Agrees to, upon the conclusion of the further Te Manaaki Taiao consultation process, reconsider the Greater Heretaunga Plan Change (TANK) Iwi Engagement Plan for recommendation to Council. CARRIED |
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Statement of Principles Regarding Potential Oil and Gas Development in Hawke’s Bay |
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Mr Toro Waaka declared an interest then voted. The chairman noted the conflict as described was not material and would not exclude him from participating and voting. At the last meeting the committee considered a report drafted by staff regarding the effectiveness of the Regional Resource Management Plan (RRMP) and Regional Coastal Environment Plan (RCEP) in relation to managing oil and gas activities. Having considered the report and staff recommendations, the committee requested that staff bring a statement of principles regarding potential oil and gas development in the Hawke’s Bay to the committee. To that end, this paper presented some potential principles and sought the feedback from Committee members on those principles. Mr Palmer introduced the principles and there was discussion around their purpose and intent. Concerns were expressed about oil and gas exploration in Hawke’s Bay; the need for Council to prohibit these activities; and whether the adoption of a position of prohibiting such activities without public consultation and a section 32 analysis of the options, costs and benefits would be ultra vires. It was highlighted that the use of the name Waikaremoana in association with the narrative associated with - hydro power in Principle 9 of the paper was inappropriate. Council staff acknowledged this concern and agreed to remove the name from any further documentation on this matter. |
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That the Regional Planning Committee: 1. Receives and notes the “Principles for Oil and Gas Activities” report. 2. Identifies any principles that are missing or need to be improved. The Regional Planning Committee recommends that Council: 3. 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. 4. Adopts the principles as set out in this report, including any amendments agreed at the Committee meeting, to inform and guide future decision-making by the Hawke’s Bay Regional Council in relation to managing the effects of oil and gas activities within Hawke’s Bay. 5. Notes that the principles will augment the Council’s existing plan provisions and other methods – not override or replace them. Scott/Dick Cr Belford moved and amendment, seconded by Cr Graham being to:
1. Add the following preamble at the top to introduce principles. Preamble 2. Add new 2nd sentence to Principle #2, which would then read as follows: Principle 2: Council will protect regional water resources, including rivers, lakes and aquifers, from the adverse effects of oil and gas activities. Pursuant to this principle, HBRC is committed to notifying the necessary plan change to make drilling for oil and gas in freshwater catchments of Hawke's Bay a prohibited activity. 3. Delete Principle 9, which isn't logically consistent if either of our other propositions were to be adopted. Belford/Graham For: Hopmans, Smith, Belford, Graham, Waaka, Northcroft Against: Maaka, Dick, Paku, Scott, Hewitt, Kirikiri, Brown, Wilson Abstained: Spooner LOST The amendment was LOST and therefore the original, substantive motion put: That the Regional Planning Committee: 1. Receives and notes the “Principles for Oil and Gas Activities” report. 2. Identifies any principles that are missing or need to be improved. The Regional Planning Committee recommends that Council: 3. 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. 4. Adopts the principles as set out in this report, including any amendments agreed at the Committee meeting, to inform and guide future decision-making by the Hawke’s Bay Regional Council in relation to managing the effects of oil and gas activities within Hawke’s Bay. 5. Notes that the principles will augment the Council’s existing plan provisions and other methods – not override or replace them. LOST |
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Greater Heretaunga, Tukituki and Coastal SOE Water Quality and Ecology Reports |
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Dr Stephen Swabey, Dr Andy Hicks, Mrs Anna Madaraz-Smith, Mr Oliver Wade and Dr Sandy Haidekker presented summary information from 3 SoE Monitoring programmes, Coastal, TANK and Tukituki and highlighted key findings from each. |
The meeting adjourned at 12.30pm and reconvened at 1pm.
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Greater Heretaunga, Tukituki and Coastal SOE Water Quality and Ecology Reports |
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The Committee re-commenced for consideration of the reports presented by staff prior to lunch. There was discussion around a range of matters that the reports raised. |
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1. That the Regional Planning Committee receives and notes the “State of the Hawke’s Bay Coastal Environment: 2008 – 2013”, “Ngaruroro, Tutaekuri, Karamu and Ahuriri Estuary Catchments – State and Trends of River Water Quality and Ecology 2004-2013” and “Tukituki River Catchment – State and Trends of River Water Quality and Ecology 2004-2013” reports. 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. Approves the following reports for publication and release: 2.2.1. State of the Hawke’s Bay Coastal Environment: 2008 – 2013 2.2.2. Ngaruroro, Tutaekuri, Karamu and Ahuriri Estuary Catchments – State and Trends of River Water Quality and Ecology 2004-2013 2.2.3. Tukituki River Catchment – State and Trends of River Water Quality and Ecology 2004-2013. CARRIED |
The information items following, where noted, were provided to the remaining participants.
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Tukituki Implementation Delivery |
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Several staff members gave a presentation on the above item. |
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Update on the Clifton to Tangoio Coastal Hazards Strategy |
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August 2016 Resource Management Planning Project Update |
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May - July 2016 Statutory Advocacy Update |
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Minor Items Not on the Agenda |
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Closure:
There no longer being a quorum the Chairman declared the meeting closed at 3.00pm on Wednesday 3 August 2016.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................