Minutes of Regional Planning Committee

1. Welcome/Apologies/Notices

Karakia – Roger Maaka

Resolution

RPC59/16 That the apologies from Pare Hill and Cr Rick Barker be accepted.

Wilson/Beaven

CARRIED

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

Follow-up Items from Previous Regional Planning Committee Meetings

Mr James Palmer provided an update on the items from previous RPC meetings.

RPC60/16

Resolution

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

Wilson/Beaven

CARRIED

Call for Any Minor Items Not on the Agenda

Recommendation

That the Committee accepts the following for discussion as Agenda Item 18.

Ruataniwha catchment and the use of the Public Works Act – Allen Smith
Whakaemi signing on Saturday – Cr Fenton Wilson
Progress on Waihi Dam – Cr Neil Kirton
Meeting room proposal – Cr Rex Graham

Proposed Plan Change for Oil and Gas Exploration Activities

At the Council meeting on 9^th November 2016, Council requested that the Regional Planning Committee (RPC) “consider proposing a plan change to the Regional Resource Management Plan (RRMP) to prohibit the drilling for oil and gas within the region’s productive aquifers and surface water bodies.” Mr Palmer talked the Committee through the three principal options for progressing with a plan change if progressing a plan change is the Committee’s preference. The following three options that staff feel are viable ways forward were presented to the Committee:

Option 1: Progress through the TANK plan change for TANK catchments, then other catchment-based plan changes as they are developed

Option 2: Progress region wide alongside the TANK plan change

Option 3: Progress discrete stand-alone plan change

The Chairman asked for feedback from the Iwi Representatives regarding their Iwi/Hapu’s position on this subject. A majority had not canvased their whanau however expressed concerns around global warming, carbon emissions, economic prosperity and protecting the environment as well as concerns around resourcing and budget constraints. Several Iwi Representatives welcomed a standalone inquiry while others expressed the view that they were more concerned with issues that directly affect them and their lands, some of these being forestry, water & rivers, hydro & geothermal. All agreed that extreme caution needs to be taken moving forward.

RPC61/16

Resolutions

1. That the Regional Planning Committee receives and notes the “Proposed Plan Change for Oil and Gas Exploration Activities “staff 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 and persons likely to be affected by or to have an interest in the decision.

2.2. Agrees to progress a prohibition of oil and gas exploration activities within productive aquifers, aquifer recharge zones and surface water bodies through a standalone plan change spanning the whole region, and

2.2.1. at the outset, seek an opinion from an expert RMA legal counsel on the extent to which such a prohibition would be justifiable under law.

2.3. Notes that there will be legal, administrative and resourcing costs associated with either option

2.4. Directs staff to report back to the Regional Planning Committee in early 2017 on details of a process to give effect to the Committee’s preferred option.

Waaka/Kirton

CARRIED

Karauna Brown left the meeting at 10.45am

Water Conservation Order Application (Ngaruroro River): Update and Draft

Ms Baker introduced the item, explaining that the report provided a further update to how the WCO application was progressing. Ms Baker mentioned previous council reports on the application and summarised the possible issues arising.

The report also provided the Committee with an opportunity to consider the content of a submission in the event the application was notified before the next RPC meeting.

Subsequent discussion included the following main points:

· Identifying any opportunities for councillor involvement in discussions with the minister or applicants to promote an efficient process.

· Scope of the application and potential impacts on the TANK process

· The need to account for the interests of the Treaty Partners, particularly in the Ngaruroro catchment

Ms Hopmans and Cr Belford were delegated to further refine and finalise the submission for lodging upon notification of the WCO Application.

Mr Rangi Spooner requested that his vote against the resolution be noted.

RPC62/16

Resolutions

1. That the Regional Planning Committee receives and notes the “Water Conservation Order Application (Ngaruroro River): Update and Draft Submission” staff report.

2. The Regional Planning Committee recommends that Council:

2.2. Adopts the submission in attachment 1, as a draft to be further amended by delegated committee members, and which is to be lodged with the Special Tribunal to hear the Water Conservation Order application for the Ngaruroro and Clive Rivers (once it is notified).

2.3. Advises the TANK Group of the submission recommendations and also makes the submission publicly available once the submission has been finalised.

Hopmans/Belford

Against: Spooner

CARRIED

NZ Petroleum & Minerals Proposed Block Offer 2017 and Offshore Seismic Survey

New Zealand Petroleum and Minerals (NZP&M) has extended invitations to the Hawke's Bay Regional Council, other local authorities and tangata whenua groups to provide comments on its proposed Block Offer 2017 for petroleum exploration. Mr Palmer explained that there is only a matter of days between this Committee meeting and deadline for comments, there will be no opportunity for referring on to the Council meeting (30 November) for further and final consideration.

This year’s process includes the marine environment adjacent to Hawke’s Bay both in the Exclusive Economic Zone and the territorial sea and the draft submission mirrors the HBRC submissions made in 2015/16, which is that it is the preference of the Hawke’s Bay Regional Council that there not be any allocation of exploration rights within our coastal management area.

There were concerns raised around seismic activity and the impact that this would have on the 12 nautical mile limit, the sanctuaries, breeding grounds, the effect it would have on the economy and how it impacts on treaty group settlements.

RPC63/16

Resolutions

That the Regional Planning Committee:

1 receives and notes the ‘NZ Petroleum and Minerals Proposed Block Offer 2017 and Offshore Seismic Survey’ report from staff.

2 considers the draft comments and agrees that the Committee’s co-chairs work with staff to finalise comments on the proposed Block Offer 2017 for lodgement by the Friday 25 November 2016 deadline.

Dick/Bailey

CARRIED

Tangata Whenua Representation on Council Standing Committees

Part one of this item the Terms of Reference for the Corporate & Strategic Committee (C&S) and the Environment and Services Committee (E&S) Representatives and the relevant Maori membership. This now recognises that instead of having 2 Maori Committee Representatives on each of the two committees it will have one member from the RPC and one member from the Maori Committee.

The second part to this item is one that provides for the recommendation from this committee as to the names of the two people, one for the C & S and one for the E & S.

RPC64/16

Resolutions

That the Committee:

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. The Regional Planning Committee recommends that Council:

2.1. Accepts the following amendment to the membership as stated in the Terms of Reference for the Corporate and Strategic, and the Environment and Services committees to:

2.1.1. One appointed tangata whenua member of the Regional Planning Committee and One appointed member of the Maori Committee

2.2. Accepts the appointment of Roger Maaka. as the tangata whenua Regional Planning Committee representative on the Corporate and Strategic Committee

2.3. Accepts the appointment of Allen Smith as the tangata whenua Regional Planning Committee representative on the Environment and Services Committee

Dick/Wilson

CARRIED

9.	Verbal Presentation of the Maungaharuru Tangitu Treaty Settlement
	Deferred to February meeting

Karauna Brown returned to the meeting 12.15pm

10.

RMA Planning Cycle

Mrs Lambert provided an overview of the Resource Management Act (RMA) planning cycle to show where policy development fits into that process. The planning cycle also demonstrates how the different parts of Council are involved in the process.

RPC65/16

Resolution

That the Regional Planning Committee receives and notes the “RMA Planning Cycle” report from staff.

Bailey/Beaven

CARRIED

Convened for lunch 12.25pm

Nicky Kirikiri left the meeting at 12.25pm

Reconvened at 1.05pm

11.

Verbal Update on the Regional Planning Committee Terms of Reference Review

Mrs Lambert and Ms Hopmans gave a verbal update of this item. A working party has been working on this for a number of months. The working group plans to bring a final draft Terms of Reference (ToR) back to the February RPC Meeting.

Mrs Lambert also explained that there is one other outstanding around remuneration framework. The two Co-Chairs are each going to appoint an independent advisor to create/develop/recommend a remuneration framework for tangata whenua members of the RPC.

RPC66/16

Resolution

That the Regional Planning Committee receives and notes the verbal update on the Regional Planning Committee Terms of Reference Review.

Belford/Heperi Northcroft

CARRIED

12.

Update on the Greater Heretaunga and Ahuriri (TANK) Plan Change

Mr Palmer presented this item. Currently there are several working groups set up who are working on issues around stormwater and community engagement. There is also a Economic Assessments Working Group which is overseeing the procurement of research into the economic and social dimensions of the TANK plan change. This requires the group to understand the totality of land use across the TANK catchments the economic and social value derived from this. The working group can then build scenarios for limits and various rules that might have an economic or social impact.

RPC67/16

Resolution

That the Regional Planning Committee receives and notes the “Update on the Greater Heretaunga and Ahuriri (TANK) Plan Change” report.

Belford/Beaven

CARRIED

13.

Estuaries of the TANK Catchments: Ahuriri and Waitangi Estuaries' Values, State and Trends

Ms Anna Madarasz-Smith presented the findings of these reports. Ms Masdarasz-Smith explained the rationale behind the inclusion of the estuaries as the downstream receiving environments into the plan change process under the NPS-FM. Ms Madarasz-Smith explained the values that had been taken from the TANK interim agreements report for the estuaries. 10 years of SOE sampling in the Ahuriri Estuary had shown moderate sediment stress in the lower estuary and high sediment stress in the Upper Estuary. Contact recreation in the Ahuriri Estuary at Pandora Pond was defined as Good with 97% compliance with national guidelines. Shellfish gathering was not recommended in the Ahuriri Estuary. 2 years of SOE sampling in the Waitangi Estuary had shown high sediment stress in the estuary, with an absence of sediment sensitive species. Contact recreation varied between Good at Tutaekuri to Poor at Clive Bridge.

Investigations had shown high levels of nutrients entering the Upper Ahuriri Estuary, and a gross eutrophic state.

Issues for the estuaries were described as; sediment load, nutrient load, expansion of the invasive marine tube-worm Ficopomatus enigmaticus and stormwater discharges. These issues meant that some of the values of the estuaries were being compromised.

Possible actions to consider were described as reductions in sediment and nutrient loads, active management of Ficopomatus enigmaticus, and further nutrient management through the plan change process.

RPC68/16

Resolutions

1. That the Regional Planning Committee:

1.1. Receives and notes the “Estuaries of the TANK catchments: Ahuriri and Waitangi Estuaries' Values, State and Trends” report.

1.2. Notes with concern the conclusions of the Ahuriri and Waitangi estuaries, Values, State and Trends report, regarding elevated suspended sedimentation and turbidity; the highly eutrophic state and elevated nutrient concentrations that frequently exceed ANZECC guidelines in the Ahuriri and Waitangi estuaries.

2. The Regional Planning Committee recommends that Council:

2.2. Requests that staff, with urgency, prepare a report summarising current and planned HBRC scientific and management activities relating to the Ahuriri and Waitangi estuaries, detailing expenditure over the next 3 year period, including a plan with full costings, to implement the recommendation made in section 9 of the report.

2.3. Requests that staff prepare an assessment of all resource consenting and compliance management issues affecting these estuaries, including options for changes to the Regional Resource Management Plan (RRMP) for improved management of resource consenting processes, particularly with regard to both regulatory methods and those non-regulatory methods outlined in chapter 4.0 of the RRMP.

Kirton/Bailey

CARRIED

Rangi Spooner and Mike Mohi left the meeting at 1.55pm

14.

Lake Tutira Ecological Modelling Report

Dr Andy Hicks introduced Mr Chris McBride from the University of Waikato’s Lakes Management and Restoration group, who presented the key findings from ecological modelling that has been undertaken on Tutira Lake. Model performance was good, and so Mr McBride indicated the results can be considered trustworthy. Key findings were:

· Algal growth in the lake appeared to be limited by phosphorus availability.

· High flow events, particularly those that resulted in overtopping from Papakiri Stream, would results in heightened risk of algal blooms.

· Large scale reductions in nutrient and sediment loss would be required to reduce algal bloom risk and improve lake water quality.

· Periodic release of phosphorus from sediment meant that a ‘legacy’ of phosphorus may drive blooms for years to come.

· The ‘legacy’ effect may mean the improvements are not seen in the short term, even if widespread reductions are achieved in nutrient and sediment loads from the catchment.

· Engineering options such as aeration and capping/flocculation may provide improvements in the short term, to provide some immediate gains while the improvements resulting from catchment changes take place.

RPC69/16

Resolution

That the Regional Planning Committee receives and notes the “Lake Tutira Ecological Modelling” Report.

Belford/Waaka

CARRIED

15.

Recreational Water Quality 2015-16 Final Report

Mr Gilmer presented the findings of the report ‘Recreational Water Quality of Hawke’s Bay: A review of the 2015-2016 season’. He described the programme and its relevance for monitoring river and marine water quality for recreational purposes in line with national microbiological water quality guidelines for recreation. The programme is a joint programme with the Public Health Unit of the Hawke’s Bay District Health Board and the Territorial Local Authorities. The programme has also been extended to look at potentially toxic cyanobacteria where appropriate. Mr Gilmer explained that when sites exhibit problems, faecal source tracking is undertaken to help guide management of faecal sources. During the 2015-2016 season faecal course tracking was undertaken at Te Mahia which showed mixed avian, ruminant and plant sources, Maungawhio Lagoon which showed ruminant sources, Waipuka Stream which showed avian sources and Kairakau Lagoon which showed ruminant sources.

Mr Gilmer went on to explain that results from this project had helped guide management actions including geese culls and planting at Waipuka Stream.

RPC70/16

Resolution

That the Regional Planning Committee receives and notes the “Recreational Water Quality 2015-16 Final” report.

Beaven/Heperi-Northcroft

CARRIED

16.

November 2016 Resource Management Planning Project Update

The item was taken as read.

RPC71/16

Resolution

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

Waaka/Dick

CARRIED

17.

Statutory Advocacy Update

Mr Palmer presented this item. Concerns were raised over the risk of good agricultural land being used in housing developments. In response Mr Palmer will bring the outcomes of the Heretaunga Plains Urban Development Strategy review to the next meeting in the New Year.

RPC72/16

Resolution

That the Regional Planning Committee receives the Statutory Advocacy Update report.

Bailey/Waaka

CARRIED

18.

Minor Items Not on the Agenda

Item	Topic	Councillor / Staff
1.	Ruataniwha catchment and the use of the Public Works Act	Allen Smith
2.	Te Tira Whakaemi O Te Wairoa signing on Saturday 26 November 10.00am	Cr Fenton Wilson
3.	Progress on Waihi Dam prosecution action taken last year and it is ongoing. No outcome as yet.	Cr Neil Kirton
4.	Meeting room proposal - Cr Graham would like the Committee to give some thought to how we can improve the ambience of the chambers.	Cr Rex Graham

Karakia – Roger Maaka

Closure:

There being no further business the Chairman declared the meeting closed at 3.05pm on Wednesday 23 November 2016.

Signed as a true and correct record.

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