Meeting of the Regional Planning Committee
Date: Wednesday 3 May 2017
Time: 9.00am
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Venue:
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Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
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Agenda
Item Subject Page
1. Welcome/Notices/Apologies
2. Conflict
of Interest Declarations
3. Confirmation of
Minutes of the Regional Planning Committee held on 5 April 2017
4. Follow-ups from
Previous Regional Planning Committee Meetings 3
5. Call for Items of
Business Not on the Agenda 7
Decision Items
6. Government's
"Clean Water" Reform Proposals and Draft Submission 9
Information or Performance Monitoring
7. Science Inputs to
Regional Planning Committee Work Plan 2017-18 21
8. Items of Business
Not on the Agenda 25
Decision Items (Public Excluded)
9. Plan Change 5
Appeal - Confidential Settlement Offer 27
Parking
There will be named parking spaces for
Tangata Whenua Members in the HBRC car park – entry off Vautier Street.
Regional Planning Committee Members
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Name
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Represents
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Karauna Brown
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Ngati Hineuru
Iwi Inc
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Pare Hill
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Te Uru Taumatua
– Ngai Tuhoe
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Tania Hopmans
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Maungaharuru-Tangitu
Trust
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Nicky
Kirikiri
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Te Toi Kura o
Waikaremoana
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He Toa
Takitini
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Joinella
Maihi-Carroll
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Mana Ahuriri
Trust
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Te Tira
Whakaemi o Te Wairoa
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Matiu Heperi
Northcroft
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Ngati
Tuwharetoa Hapu Forum
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Peter Paku
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He Toa
Takitini
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Toro Waaka
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Ngati
Pahauwera Development and Tiaki Trusts
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Paul Bailey
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Hawkes Bay
Regional Council
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Rick Barker
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Hawkes Bay
Regional Council
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Peter Beaven
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Hawkes Bay
Regional Council
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Tom Belford
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Hawkes Bay
Regional Council
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Alan Dick
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Hawkes Bay
Regional Council
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Rex Graham
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Hawkes Bay
Regional Council
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Debbie Hewitt
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Hawkes Bay
Regional Council
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Neil Kirton
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Hawkes Bay
Regional Council
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Mike Mohi
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Hawkes Bay
Regional Council - Maori Committee Chair
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Fenton Wilson
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Hawkes Bay
Regional Council
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Total number of
members = 20
Quorum and Voting Entitlements Under the Current Terms
of Reference
Quorum
(clause (i))
The Quorum for the Regional Planning Committee is 75%
of the members of the Committee
At the present time, the quorum is 15 members.
Voting Entitlement (clause (j))
Best endeavours will be made to achieve decisions on a
consensus basis, or failing consensus, the agreement of 80% of the Committee
members in attendance will be required. Where voting is required all
members of the Committee have full speaking rights and voting entitlements.
Number of Committee members present Number
required for 80% support
20 16
19 15
18 14
17 14
16 13
15 12
14 11
HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 03 May 2017
Subject: Follow-ups from
Previous Regional Planning Committee Meetings
Reason for Report
1. On the list attached are
items raised at Regional Planning Committee meetings that staff have followed
up. All items indicate who is responsible for follow up, and a brief status
comment. Once the items have been reported to the Committee they will be
removed from the list.
2. Also attached is a list of
LGOIMA requests that have been received since the last Council meeting.
Decision Making Process
3. 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.
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Recommendation
That the Regional Planning Committee receives the report
“Follow-up Items from Previous Meetings”.
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Authored by:
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Leeanne
Hooper
Governance Manager
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Approved by:
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Liz Lambert
Group Manager
External Relations
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James Palmer
Group Manager
Strategic Development
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Attachment/s
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⇩1
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Follow-ups
from Previous Regional Planning Committee meetings
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Follow-ups
from Previous Regional Planning Committee meetings
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 03 May 2017
Subject: Call for Items of
Business Not on the Agenda
Reason
for Report
1. Standing order 9.12 states:
“A meeting may deal with
an item of business that is not on the agenda where the meeting resolves to
deal with that item and the Chairperson provides the following information
during the public part of the meeting:
(a) the
reason the item is not on the agenda; and
(b) the
reason why the discussion of the item cannot be delayed until a subsequent
meeting.
Items not on the agenda may be brought before the
meeting through a report from either the Chief Executive or the Chairperson.
Please note that nothing in this standing order removes
the requirement to meet the provisions of Part 6, LGA 2002 with regard to
consultation and decision making.”
2. In addition,
standing order 9.13 allows “A meeting may discuss an item that is not
on the agenda only if it is a minor matter relating to the general business of
the meeting and the Chairperson explains at the beginning of the public part of
the meeting that the item will be discussed. However, the meeting may not make
a resolution, decision or recommendation about the item, except to refer it to
a subsequent meeting for further discussion.”
Recommendations
1. That
the Regional Planning Committee accepts the following “Items of Business
Not on the Agenda” for discussion as Item 8:
1.1. Urgent items of Business (supported
by tabled CE or Chairpersons’s report)
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Item
Name
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Reason not on Agenda
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Reason discussion cannot be delayed
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1.
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2.
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1.2. Minor items for discussion only
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Item
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Topic
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Councillor
/ Staff
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1.
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2.
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3.
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Leeanne Hooper
GOVERNANCE & CORPORATE
ADMINISTRATION MANAGER
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Liz Lambert
GROUP MANAGER
EXTERNAL RELATIONS
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 03 May 2017
Subject: Government's
"Clean Water" Reform Proposals and Draft Submission
Reason for Report
1. On 23 February
2017 the Government announced a further suite of freshwater reforms. These
include new policy to improve “swimmability”, stock exclusion
regulations, further procedural and monitoring requirements on regional
councils, and the announcement of a Freshwater Improvement Fund.
2. Submissions on
the Clean Water Package are to be lodged by 28 April 2017. The Regional
Planning Committee received a preliminary report at its 5 April 2017 meeting
with recommendations for a submission to the government for its consideration.
3. The Committee sought
and received an extension to the deadline set for the submissions to enable it
to revisit the submission in greater detail at this May meeting. Yet to
comply with the extended submission deadline, the Council also needs to have
given authority to the Regional Planning Committee to approve the submission,
instead of the typical sequence of events whereby the Committee would make a
recommendation to Council and Council would adopt the recommendation.
4. A submission
has now been prepared by staff based on directions made by the RPC following
the April meeting. It is Attachment 1. This report seeks adoption and
lodging of the submission in attachment 1 on the Clean Water reform proposals,
as amended by the Committee.
Background
5. In February
last year the government issued a discussion document; “Next Steps for
Freshwater” proposing a number of changes to freshwater management. HBRC
lodged a submission[1]
on those proposals. The government is now continuing its freshwater reforms
with new proposals for amending the NPS for Freshwater Management
(‘NPSFM’), a target for improving the swimmability of rivers, a
stock exclusion regulation and a Freshwater Improvement Fund.
6. A number of the
proposals are of significant interest to the Council and a submission
expressing that interest and suggestions for amendments has now been prepared
for the Committee to consider, amend and adopt as necessary.
Financial and Resource Implications
7. There are no
financial implications for council considering this report and potentially
lodging a submission on the Clean Water Package proposed by government.
8. However, some
of the implications for council resources (financial and staffing) are
significant in terms of what the ‘Clean Water’ package currently
proposes. Staff had outlined some of those resourcing implications in the
earlier report to the Committee’s meeting in April.
Decision Making
Process
9. 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:
9.1. The decision does not significantly alter the service provision or
affect a strategic asset.
9.2. The use of the special consultative procedure is not prescribed by
legislation.
9.3. The decision does not fall within the definition of Council’s
policy on significance.
9.4. The persons
affected by this decision are all persons with an interest in the
region’s management of natural and physical resources under the RMA including
iwi.
9.5. The council might consider not making a submission, but given the
significance of the proposed changes to the NPS for Council resources this is
not recommended.
9.6. The decision is not inconsistent with an existing policy or plan.
9.7. 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. Notwithstanding this, any person may make their own
submission on the government’s “Clean Water” package
proposals.
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Recommendations
1. That the Regional Planning Committee
1.1. Receives and notes the “Government's "Clean Water"
Reform Proposals and Draft Submission” report.
1.2. Agrees that the decisions to be made are not significant under the
criteria contained in Council’s adopted Significance and Engagement
Policy, and that the Committee 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.
1.3. Agrees to lodge a submission to the Ministry for the Environment
in respect of the Clean Water discussion document as provided in Attachment 1
and as further directed by the Committee at the meeting.
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Authored by:
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Mary-Anne
Baker
Senior Planner
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Anna
Madarasz-Smith
Senior Scientist - Coastal Quality
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Gavin Ide
Manager, Strategy and Policy
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Approved by:
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James Palmer
Group Manager
Strategic Development
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Iain Maxwell
Group Manager
Resource Management
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Attachment/s
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⇩1
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Draft HBRC
Submisson on the "Clean Water" Discussion Document
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Draft
HBRC Submisson on the "Clean Water" Discussion Document
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 03 May 2017
Subject: Science Inputs to
Regional Planning Committee Work Plan 2017-18
Reason for Report
1. To present an overview of the prospective science programme and
subsequent reporting during 2017. Reports that result from this will be
presented to this Committee as required.
2. Part 1 (presented at the 8 February 2017 meeting) outlined the
briefing papers focussed on development and review of resource management
policy.
3. This report (Part 2) is intended to inform committee members about
the science activity that supports and informs policy development.
Science Investigations and Reporting to
Support Plan Change Processes
4. The Council has endorsed work programmes for plan change development
work for:
4.1. Mohaka catchment
4.2. TANK catchment
4.3. Outstanding freshwater bodies and
4.4. Regulation of oil and gas activities.
5. Staff are aware of the desire to avoid imposing a significant
workload on the Committee. As a result, not all reports may need to come
to the Committee. They may also be staggered to avoid them all going to one
meeting.
6. In addition, the Committee will need to consider:
6.1. Annual reporting on the Committee’s activities
6.2. Annual reporting on the Council’s implementation of the NPS
for Freshwater Management
6.3. Proposals for further ‘national direction’ on resource
management matters likely to be released for comment by the Ministry for the
Environment and/or other government departments.
7. The indicative reporting milestones provided in Attachment 1
differentiate reporting for:
7.1. information purposes and
7.2. where a decision may need to be made by the Committee.
Decision Making
Process
8. 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.
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Recommendation
That the Regional Planning Committee
receives and notes the “Regional Planning Committee Work Plan 2017-18 – Part 2
Science Inputs” report.
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Authored by:
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Dr Stephen
Swabey
Manager, Science
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Approved by:
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Iain Maxwell
Group Manager Resource Management
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Attachment/s
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⇩1
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Indicative
Calendar of RPC Science Activities During 2017
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Indicative
Calendar of RPC Science Activities During 2017
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 03 May 2017
Subject: Items of Business Not
on the Agenda
Reason for Report
1. This document has been prepared to assist
Committee Members to note the Items of Business Not on
the Agenda to be discussed as determined earlier in Agenda
Item 5.
1.1. Urgent items of Business (supported by report tabled by CE or Chair)
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Item
Name
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Reason not on Agenda
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Reason discussion cannot be delayed
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1.
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2.
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1.2. Minor items (for discussion only)
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Item
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Topic
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Councillor
/ Staff
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1.
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2.
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3.
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4.
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5.
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 03 May 2017
Subject: Plan Change 5 Appeal -
Confidential Settlement Offer
That Council excludes the public
from this section of the meeting, being Agenda Item 9 Plan Change 5 Appeal -
Confidential Settlement Offer with the general subject of the item to be
considered while the public is excluded; the reasons for passing the resolution
and the specific grounds under Section 48 (1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution being:
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GENERAL SUBJECT OF THE ITEM TO BE
CONSIDERED
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REASON FOR PASSING THIS RESOLUTION
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GROUNDS UNDER SECTION 48(1) FOR THE
PASSING OF THE RESOLUTION
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Plan Change 5 Appeal - Confidential Settlement Offer
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7(2)(c)(ii) That the public conduct of this agenda item
would be likely to result in the disclosure of information where the
withholding of that information is necessary to protect information which is
subject to an obligation of confidence or which any person has been or could
be compelled to provide and would be likely otherwise to damage the public
interest.
7(2)(g) That the public conduct of this agenda item would
be likely to result in the disclosure of information where the withholding of
the information is necessary to maintain legal professional privilege.
7(2)(i) That the public conduct of this agenda item would
be likely to result in the disclosure of information where the withholding of
the information is necessary to enable the local authority holding the
information to carry out, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations).
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The Council is specified, in the First Schedule to this
Act, as a body to which the Act applies.
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Authored by:
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Shane Lambert
Senior Planner
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Approved by:
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James Palmer
Group Manager
Strategic Development
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