Agenda of Maori Committee - 6 December 2016

Meeting of the Hawke's Bay Regional Council Maori Committee

Date: Tuesday 6 December 2016

Time: 10:00am Morning Tea; Public Meeting commences at 10.15am

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. Call for Any Minor Items Not on the Agenda 3

Decision Items

3. Appointment of Tangata Whenua Representatives to the Maori Committee 5

4. Election of the Maori Committee Chairperson 9

5. Nomination of Maori Committee Representatives to Council’s Committees 11

Information or Performance Monitoring

6. Verbal Update on Current Issues by HBRC Chairman

7. Verbal Update on Review of the Maori Committee Chair

8. Estuaries of the TANK catchments: Ahuriri and Waitangi Estuaries' Values, State and Trends 13

9. Recreational Water Quality 2015-16 Final Report 17

10. Statutory Advocacy Update 19

11. Minor Items Not on the Agenda 27

1. Free 2-hour on-road parking is available on Vautier Street adjacent to the HBRC Building & on Raffles Street.

2. There is free all day parking further afield – on Munroe Street or Hastings Street by Briscoes.

3. There are limited parking spaces (3) for visitors in the HBRC car park – entry off Vautier Street – it would be appropriate that the “visitors” parks be available for the members travelling distances from Wairoa and CHB.

4. If you do pay for parking elsewhere, please provide your receipt to the Receptionist for reimbursement – or include with your expenses claim for the meeting.

NB: Any carparks that have yellow markings are NOT to be parked in please.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 06 December 2016

SUBJECT: Call for Any Minor Items Not on the Agenda

Reason for Report

1. Under standing orders, SO 3.7.6:

“Where an item is not on the agenda for a meeting,

(a) That item may be discussed at that meeting if:

(i) that item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) No resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

2. The Chairman will request any items committee members wish to be added for discussion at today’s meeting and these will be duly noted, if accepted by the Chairman, for discussion as Agenda Item 12

Recommendations

That Maori Committee accepts the following minor items not on the agenda, for discussion as item 12.

Authored by:

Liz Lambert

Group Manager External Relations

Approved by:

Liz Lambert

Group Manager External Relations

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 06 December 2016

Subject: Appointment of Tangata Whenua Representatives to the Maori Committee

Reason for Report

1. At the first ordinary meeting of the Regional Council held on 9 November 2016 the Māori Committee was re-established as a Committee of Council, and elected Councillors Fenton Wilson, Rex Graham and Rick Barker as Council’s representatives on the Māori Committee.

2. The purpose of this report is to confirm the tangata whenua representatives on the Māori committee.

Background

3. At its last meeting prior to the Local Government elections, the Maori Committee resolved that:

3.1. Receives and notes the “Representation Nominations and Committee Membership” report

3.2. Acknowledges the need to provide the names of the representatives of their contributing taiwhenua and Maori Executive in Wairoa, formally in correspondence to Council by the end of September 2016

3.3. Notes that, subject to reestablishment of the Maori Committee by the Hawke’s Bay Regional Council, appointments will be confirmed by resolution at the 9 November 2016 Regional Council meeting and the date of the first Maori Committee meeting for the 2016-19 triennium will be scheduled.

3.4. The Maori Committee recommends that Council:

3.4.1. 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.

3.4.2. Supports the Maori Committee decision for one of the HBRC Maori Committee representatives to attend the meetings of the Wairoa District Council Maori Committee.

3.4.3. Supports the Maori Committee decision that each rohe will decide the composition of its representation on the next HBRC Maori Committee.

3.4.4. Supports the Maori Committee decision to have the next HBRC Maori Committee consider an appropriate protocol for any other Councils’ Maori Committee or Marae group to become actively involved in meetings of HBRC Maori Committee.

4. The recommendations above were accepted at the 31 August Regional Council meeting, where Council resolved that it:

4.1. Supports the Maori Committee decision for one of the HBRC Maori Committee representatives to attend the meetings of the Wairoa District Council Maori Committee.

4.2. Supports the Maori Committee decision that each rohe will decide the composition of its representation on the next HBRC Maori Committee.

4.3. Supports the Maori Committee decision to have the next HBRC Maori Committee consider an appropriate protocol for any other Council’s Māori Committee or Marae group to become actively involved in meetings of HBRC Maori Committee.

5. The current Terms of Reference for the Māori Committee states that membership will include:

5.1. Up to four elected members of the Council

5.2. Thirteen representatives nominated by the Tangata Whenua who are to be appointed at the first meeting of the Committee by the three elected members of the Council and with Tangata Whenua Members of the Maori Committee able to propose to the Committee short term replacements to attend in their place if they are unable to attend any meeting with one representative nominated from each of the following groups:

5.2.1. Wairoa Taiwhenua

5.2.2. Ngati Kahungunu Executive

5.2.3. Mana Ahuriri

5.2.4. Heretaunga Taiwhenua

5.2.5. Regional Planning Committee.

Decision Making Process

6. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

6.1. The decision does not significantly alter the service provision or affect a strategic asset.

6.2. The use of the special consultative procedure is not prescribed by legislation.

6.3. The decision does not fall within the definition of Council’s policy on significance.

6.4. The persons affected by this decision are members of the Maori Committee.

6.5. The decision is not inconsistent with an existing policy or plan.

6.6. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

NOTE: Only the Councillor representatives on the Maori Committee can vote on this recommendation.

1. That the Māori Committee receives and notes the “Appointment of Tangata Whenua Representatives to the Maori Committee” report.

2. That the Māori Committee accepts the appointment of Tangata Whenua representatives, being:

2.1. … … representing Wairoa Taiwhenua and Kahungunu Executive, and …. …. as a proxy member

2.2. … … representing Mana Ahuriri and …. …. as a proxy member

2.3. … … representing Heretaunga Taiwhenua and …. …. as a proxy member

2.4. … … representing Tamatea Taiwhenua and …. …. as a proxy member

2.5. … … representative of Ngati Kahungunu Executive and …. …. as a proxy member

2.6. … … representative of the Regional Planning Committee and …. …. as a proxy member

The Māori 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. Confirms the appointments detailed in 2. above, to the Māori Committee.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Liz Lambert

Group Manager External Relations

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 06 December 2016

SUBJECT: Election of the Maori Committee Chairperson

Reason for Report

1. The Chairperson of the Maori Committee is elected by the full Maori Committee and endorsed by the Hawke’s Bay Regional Council.

2. This paper is to enable the formal process of that election be undertaken.

3. It is proposed that the Committee follows a process similar to that of the Regional Council to elect its Chairperson, being:

3.1. The HBRC Chairman will call for nominations, which are to be seconded and then accepted by the nominee

3.2. The HBRC Chairman will then call for further nominations following the same process

3.3. If more than one nominee, then a vote will be undertaken by all member’s present

3.4. If there is a clear majority resulting from the voting, that nominee is elected Chairperson of the Maori Committee.

3.5. Should a majority not result, the Chairperson will then be chosen by lot, drawn by the HBRC Electoral Officer.

Recommendations

1. That the Maori Committee elects xx xx to the role of Chairperson of the Maori Committee.

2. The Maori Committee recommends that Council confirms the election of xx xx to Maori Committee Chairperson.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Liz Lambert

Group Manager External Relations

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 06 December 2016

SUBJECT: Nomination of Maori Committee Representatives to Council’s Committees

Reason for Report

1. HBRC has traditionally made appointments of tangata whenua members to its Standing Committees to represent tangata whenua views and to be able to participate in discussions and voting on recommendations.

2. At its meeting last week Council conformed that the two tangata whenua members on each of the Environment and Services, and Corporate and Strategic Committees would comprise one representative from the Regional Planning Committee and one representative from the Maori Committee.

3. The appointments made from the Regional Planning Committee are: Roger Maaka appointed to Corporate and Strategic Committee, and Allen Smith appointed to the Environment and Services Committee.

4. The Maori Committee needs to nominate a representative to sit on each of the following Council Committees.

4.1. Environment and Services Committee (1)

4.2. Corporate and Strategic Committee (1)

4.3. Transport Committee (1)

4.4. Hearings Committee (up to 4 “RMA Making Good Decisions” accredited members of the Maori Committee as nominated by the Maori Committee).

5. Statute does not allow for the provision of a voting appointment to the Regional Council; however, a representative – usually the Chairman of the Māori Committee- is able to attend meetings with full speaking rights.

Recommendations

1. That the Maori Committee nominates the following representatives:

1.1. ……….. as a member of the Environment and Services Committee

1.2. ………. as a member of the Corporate and Strategic Committee

1.3. ……………………….as a member of the Transport Committee

1.4. ……….. …………… ……………. and ………. as members of the Hearings Committee

2. The Maori Committee recommends that Council confirms representation on the Environment and Services, Corporate and Strategic, Transport and Hearings committees as detailed.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Joyce-Anne Raihania

Senior Planner Maori Policy Advisor

Approved by:

Liz Lambert

Group Manager External Relations

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 06 December 2016

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

Reason for Report

1. This report summarises the findings of the report titled ‘The estuaries of the TANK Catchments: Ahuriri and Waitangi estuaries and was prepared to inform the policy team and wider TANK stakeholder group around the state and trends that may impact on the desired values for these areas.

2. The report summarises the water and sediment quality, ecology and habitat aspects of the Ahuriri and Waitangi estuaries.

3. Copies of the full report have been provided to the tangata whenua representatives in hard copy, and to Councillors electronically, and will be available to others upon request early in December.

Background

4. Although management of estuaries largely comes under the New Zealand Coastal Policy Statement (NZCPS), there is an increasing awareness that stressors that arise from activities on land need to be managed under the National Policy Statement for Freshwater Management (NPSFM). By managing upstream, to provide for the values associated with the downstream estuarine environment.

Estuarine Water Quality

5. Several variables are used to assess the overall health of the estuarine waters in both the Ahuriri and Waitangi estuaries. These include measures of sediments (clarity, turbidity and suspended sediments), nutrients (nitrogen and phosphorus species), oxygen (dissolved oxygen), and productivity (chlorophyll a). Assessment of these variables indicates large concentrations of sediments and nutrients being directed to the estuaries. This is resulting in high levels of productivity (algal blooms) and low dissolved oxygen concentrations, particularly within the Ahuriri Estuary.

6. This indicates that sediment and nutrient inputs into these systems are compromising the aquatic ecosystems values of these estuaries.

Contact Recreation and Food Gathering

7. The Pandora Pond at the Ahuriri Estuary is currently classified as being in ‘Good’ condition for contact recreation. Rivers feeding into the Waitangi Estuary are classified as ‘Good’ – Tutaekuri River at Guppy Road, ‘Fair’ – Ngaruroro River at Chesterhope, and ‘Poor’ – Clive River at Guppy Road, based on microbiological water quality.

8. All other water quality attribute states suggested that they are not adversely affecting contact recreation values, although turbidity and chlorophyll levels at Clive River are likely to impinge on values at this site.

9. Shellfish collection at Ahuriri Estuary is not recommended due to faecal levels. Other edible species (e.g. fish) do not appear to be impacted.

10. This indicates that at some sites of the TANK estuarine catchments, the values of contact recreation and food gathering are adversely affected, particularly by faecal inputs.

Estuarine Sediment Quality

11. Sediments of the Ahuriri and Waitangi Estuary are demonstrating moderate (mid-Ahuriri) to high (Upper Ahuriri and Waitangi) levels of sediment stress. This stress relates mostly to silt/clay (mud) concentration within the sediment matrix, but also to nutrient levels in the sediments. Increasing trends in mud content were observed at some of the sites with moderate sediment stress, highlighting a need for remedial action to avoid these becoming highly sediment stressed.

12. Both Waitangi and Ahuriri estuaries have areas where contaminants from surrounding land use (industry/residential) are elevated. In the Ahuriri Estuary this is proximate to the Thames/Tyne stormwater discharge, in the Waitangi Estuary this is in the subtidal sediments of the Clive River.

13. These data indicate that sediment and nutrient inputs into these systems are compromising the aquatic ecosystems values of these estuaries.

Estuarine Ecology

14. Infauna (sediment-dwelling organisms) sensitive to elevated mud concentrations indicate that Hawke’s Bay estuaries may be experiencing moderate to high levels of sediment stress, with some sites also showing increasing trends in mud concentrations. Increasing mud concentrations are impacting on the benthic communities at monitoring sites with species intolerant to higher mud fractions being largely absent from sites where mud concentration exceeds 25%.

15. An overall reduction in sediment volumes entering the estuaries would increase the health of Hawke’s Bay estuary systems.

Estuarine Habitats and Ecosystems

16. Both estuaries are significantly altered from their original form by both natural and man-made events. This reduces resilience to other stressors which for these estuaries include; grazing, sedimentation, invasive species, human disturbance and stormwater discharges.

Fish

17. Both the Waitangi and the Ahuriri Estuary play a critically important role in the life-cycles of many fish species. These include many that are commercially important to the Hawke’s Bay coastal fishery, as well as important to cultural and recreational fishers.

18. Habitat alteration and loss are likely to have reduced the functional capacity of the estuaries for these life-stages, and water quality (particularly dissolved oxygen and nitrate concentrations) is likely to be limiting/toxic for some fish species.

19. Improvement in both understanding of fish distribution and abundance, crucial habitat needs, and reductions in sediment and nutrient loads would promote fish habitat and quality.

20. In general, the report highlights several areas where scope exists to improve the values associated with the Ahuriri and Waitangi estuaries, through upstream freshwater management.

Decision Making Process

21. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That the Maori Committee receives “Estuaries of the TANK catchments: Ahuriri and Waitangi Estuaries' Values, State and Trends” report.

Authored by:

Anna Madarasz-Smith

Senior Scientist - Coastal Quality

Oliver Wade

Environmental Scientist WQ&E

Heli Wade

Research Analyst

Dr Andy Hicks

Team Leader - Water Quality and Ecology

Approved by:

Iain Maxwell

Group Manager Resource Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 06 December 2016

Subject: Recreational Water Quality 2015-16 Final Report

Reason for Report

1. To inform council of the results from the 2015/16 recreational water quality (“Rec”) monitoring programme. The Rec programme provides information to the general public and other stakeholders about whether it is safe to swim at popular bathing sites around the region.

2. Copies of the full report have been provided to the tangata whenua representatives in hard copy, and to Councillors electronically, and will be available to others upon request early in December.

Background

3. The Recreational Water Quality Monitoring programme is an annual summer programme undertaken by Hawke’s Bay Regional Council in conjunction with the Public Health Unit of the Hawke’s Bay District Health Board and Territorial Local Authorities.

4. The 2015/2016 season (November to March) measured the microbiological water quality of 38 popular bathing areas was assessed. The results were compared with the Ministry for the Environment (MfE) and Ministry of Health (MoH) Microbiological Water Quality Guidelines (2003). Trends in water quality over time were also analysed.

Discussion

Marine sites

5. All of the 17 marine sites achieved 100% compliance with national guidelines, which is defined as when two consecutive samples collected within 24 hours fall within guideline values. This indicates that most coastal beaches are suitable for contact recreation most - if not all - of the time.

River sites

6. Tutaekuri River at Guppy Rd was 100% compliant with contact recreation guidelines.

7. Tukituki River at SH2, Tukituki River at Walker Rd (rainfall related), and Ngaruroro River at Chesterhope Bridge were worse than the contact recreation guidelines on one occasion (95% compliant).

8. Nuhaka River at Opoutama Rd was worse than the contact recreation guidelines on two occasions during rainfall events (90% compliant).

9. Wairoa River was worse than the contact recreation guidelines 4 times (80% compliant). Consequently, faecal source tracking samples were taken which indicated a ruminant source of contamination (i.e. cows, sheep etc.), with possible contribution from an avian source.

Estuarine sites

10. Pandora Pond and Porangahau Estuary were 100% compliant with national guidelines for both enterococci and E.coli.

11. Waipuka Stream and Kairakau Lagoon exceeded the contact recreation threshold 3 times (85% compliant). Consequently, faecal source tracking samples were taken which also indicated a ruminant with avian contribution as the likely sources of faecal contamination

Shellfish gathering

12. Two of the 8 shellfish gathering sites (Mahia Beach opp. Mahia Golf Club and Kairakau Beach) monitored in Hawke’s Bay were 100% compliant with MfE and MoH guidelines. Three sites failed to comply with 1 of the guideline requirements, and Porangahau Estuary, Te Mahia and Maungawhio Lagoon failed to comply with both. Mahia Beach has been compliant for 5 consecutive years.

Decision Making Process

13. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That the Maori Committee receives “Recreational Water Quality 2015-16 Final” report.

Authored by:

Shane Gilmer

Resource Technician WQ&E

Anna Madarasz-Smith

Senior Scientist - Coastal Quality

Dr Andy Hicks

Team Leader - Water Quality and Ecology

Approved by:

Iain Maxwell

Group Manager Resource Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 06 December 2016

SUBJECT: Statutory Advocacy Update

Reason for Report

1. This paper reports on proposals forwarded to the Regional Council and assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project between 1 October and 9 November 2016.

2. The Statutory Advocacy project (Project 196) centres on resource management-related proposals upon which the Regional Council has an opportunity to make comments or to lodge a submission. These include, but are not limited to:

2.1. resource consent applications publicly notified by a territorial authority

2.2. district plan reviews or district plan changes released by a territorial authority

2.3. private plan change requests publicly notified by a territorial authority

2.4. notices of requirements for designations in district plans

2.5. non-statutory strategies, structure plans, registrations, etc prepared by territorial authorities, government ministries or other agencies involved in resource management.

3. In all cases, the Regional Council is not the decision-maker, applicant nor proponent. In the Statutory Advocacy project, the Regional Council is purely an agency with an opportunity to make comments or lodge submissions on others’ proposals. The Council’s position in relation to such proposals is informed by the Council’s own Plans, Policies and Strategies, plus its land ownership or asset management interests.

4. The summary plus accompanying map outlines those proposals that the Council’s Statutory Advocacy project is currently actively engaged in.

Decision Making Process

5. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, 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

That the Maori Committee receives the “Statutory Advocacy Update” report.

Authored by:

Esther-Amy Powell

Planner

Approved by:

James Palmer

Group Manager Strategic Development

Attachment/s

1	Statutory Advocacy Update Report
2	Statutory Advocacy Map

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