MINUTES OF A meeting of the Environment and Services Committee

 

Date:                          Wednesday 13 September 2017

Time:                          9.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     T Belford - Chairman

P Bailey

A J Dick

R Graham

B Gregory

D Hewitt

N Kirton

P Paku

F Wilson

 

In Attendance:                    M Mohi – Maori Committee Chair

J Palmer – Chief Executive

I Maxwell – Group Manager Resource Management

G Hansen – Group Manager Asset Management

E Lambert – Group Manager External Relations

J Buttery – Governance Administration Assistant

A Redgrave – Transport Manager

M Miller – Manager, Consents

A Madarasz-Smith – Senior Scientist – Coastal Quality

R Douglas – Senior Planner

A Rewcastle – Senior Open Space Spaces Development Officer

S Cave - Team Leader Open Spaces

P Barrett – Principal Consents Planner

D Cull – Programme Leader

J Townshend – Project Manager, Resource Management

T Skerman – Acting Group Manager Strategy and Planning

 


1.       Welcome/Apologies/Notices

The Chairman welcomed everyone to the meeting, opened with a Karakia from Mr Brian Gregory.

ESC48/17

That apologies for absence from Cr Rick Barker and Cr Peter Beaven, and for lateness from Cr Fenton Wilson be accepted.

Kirton/Graham

CARRIED

Cr Wilson arrived at 9.07am

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Environment and Services Committee Meeting Held on 12 July 2017

ESC49/17

Resolution

Minutes of the Environment and Services Committee meeting held on Wednesday, 12 July 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record, with the deletion of the second name of Cr Fenton Wilson on page 5.

Dick/Wilson

CARRIED

 

4.

Follow-ups from Previous Environment & Services Committee Meetings

ESC50/17

Resolution

That the Environment and Services Committee receives and notes the report Follow-up Items from Previous Environment & Services Committee Meetings.

Wilson/Bailey

CARRIED

 

5.

Call for Items of Business Not on the Agenda

 

Recommendation

That the Environment and Services Committee accepts the following “Items of Business Not on the Agenda” for discussion as item 18.

Item

Topic

Councillor / Staff

1.   

Whakiki Lake

Cr F Wilson

2.   

Brookvale Road

Cr R Graham

3.   

Matariki

Cr R Graham

4.

Water Containers

Cr T Belford

 

 

 

6.

Future Management of Water Takes on the Heretaunga Plains

 

Mrs Lambert explained that item seeks guidance about the interim approach for managing the water takes in the short to medium term until such time as the policies and rules from the TANK process are in place. Discussion traversed:

·      how existing consents are to be managed, and what will happen when those consents expire

·      existing use right obligations within RMA, and in the absence of any TANK Plan Change policy, HBRC would most likely to roll over the existing consented volumes

·      Mr Iain Maxwell explained the groundwater team has been working on the model for the last three years, and it is now being used to examine scenarios using current use data and the paper allocation of consents

·      Modelling shows that effects of groundwater takes are far more wide spread and more connected to surface water body flows than previously thought and that the groundwater aquifer system is very transmissive and water flows though it far quicker

·      model has driven the need to rethink how the Heretaunga Plains water takes are currently managed

·      possible impacts on those who have purchased land, fruit, and stock etc anticipating plenty of water

·      not presently at a critical stage and requests will be managed as they arise

·      Replacement consents will include conditions around allocations being reviewed when TANK is operative

·      TANK stakeholder Group will consider and recommend an allocation framework, based on existing usage

·      Any attempt to increase water use to inflate the baseline going forward is not likely to be advantageous

·      HBRC is working with the irrigation sector around irrigation efficiency and discussions are already underway with the industrial and municipal suppliers on water conservation measures.

ESC51/17

Resolutions

1.      That the Environment and Services Committee receives and notes the “Future Management of Water Takes on the Heretaunga Plains” staff report.

2.      The Environment and Services 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.      Endorses the proposed approach for the interim management of groundwater resources in the Heretaunga Plains detailed following, and requests urgent presentation of long term solutions to meet water demands.

To provide for the interim management of groundwater resources in the Heretaunga Plains through the following approaches, distinguishing between existing resource consents and new resource consents.

Existing resource consents

1.     Existing resource consents for groundwater takes can be exercised within the conditions set when the consent was issued (or any subsequent review of conditions).

2.     A consent holder can use more water than previously, provided the take is within the maximum rates and volume set out in the consent document and providing the take is for the purpose set out in the consent document and, in the case of irrigation, does not exceed the soil moisture deficit.

3.     Should a resource consent expire before new rules are in place they may be replaced for up to the same amount, although it is likely that greater scrutiny may be made of the need for the amount that is applied for.

4.     Changes to existing consents that do not increase the overall annual allocation or increase actual use may be able to be granted. For example, amendments to rates of take or weekly abstraction volumes will not increase the annual allocation, increase actual abstraction or cause additional stream depletion effects. In some highly connected areas, increases in short term rates and volumes may increase stream depletion effects, and this will need further assessment at the time of an application. 

Stock or Domestic Water takes

5.     Takes for an individual’s stock and/or domestic needs on the property are able to continue to occur without the need for a resource consent, in accordance with the Resource Management Act.

Permitted Activity Takes

6.     The Regional Resource Management Plan (RRMP) allows for a permitted activity take of up to 20m3/day to be taken for use on a property. It is not proposed to change this at this stage, although it may be adjusted during the Plan Change process.

Frost protection takes

7.     Takes for frost protection may continue as consented and a case may be put for taking water for frost protection purposes for existing horticultural activities.

Transfer of existing consents or parts of consents

8.     Where a property is sold and the transfer is to the new owner the consent can be exercised as before.

9.     If a take is proposed to be transferred to another property in its entirety or if it is proposed to divide a consent and transfer unused water to another property or use then the transfer is likely be declined as it will lead to increased water demand and use. (There may be circumstances where no more than the current recorded use will occur, indicating no change in existing effect.)

New applications for groundwater take resource consents

10.   If a resource consent application was received by Council prior to 18 August it will continue to be processed as done previously.

11.   Any new resource consent application that had been the subject of discussions with HBRC before 18 August, and which the applicant can demonstrate has involved a reasonable capital or tangible investment, will be processed. If consent is granted conditions will be included to identify that:

11.1.      The consent will be subject to review when the TANK plan change becomes operative if the Plan Change sets limits that are exceeded.

11.2.      The consent may be subject to a lower priority when the Plan Change takes effect and/or may be issued for a shorter period to reflect the uncertainty of this water being taken longer term.

12.   Any resource consent application which is not covered by either 12.10 or 12.11 will be required to provide scientific evidence that the allocation of the water sought can be made without adding to the current cumulative adverse effect of takes on the Heretaunga Plains aquifer and on the connected surface flows. In practice. This may be difficult to demonstrate. These applications will be notified. 

13.   This is an interim approach for dealing with new applications until such time as the TANK Plan Change has legal effect. It is anticipated that, consistent with the NPS FM (2017), the TANK Plan Change will set groundwater and surface water allocation limits. If these are less than what is currently allocated then this is likely to include methods for reducing allocation over time so that specified allocation limits or targets are met within a specified timeframe. It is also anticipated that methods such as storage and augmented releases may be developed to offset some of the effects of abstraction enabling a smaller reduction in the overall allocation, and potentially allowing for more water to be allocated.

Graham/Bailey

carried 6/ 2

For: Belford, Bailey, Graham, Kirton, Gregory, Paku

Against: Hewitt, Wilson

Abstained: Dick

 

7.

Panpac Application for Direct Referral to the Environment Court

 

Mr Malcolm Miller explained the PanPac initiative to request a direct referral to the Environment Court, advising that staff see no reason this shouldn’t occur as it could potentially save both costs and time.

HBRC started the application process by notifying the application and received 13 submissions. Tangata Whenua lodged a submission in opposition to the application, but not to the direct referral.

Mr Peter Paku expressed his concerns for the Tangata Whenua groups who may not be able to afford the high level help required for an Environment Court hearing.

ESC52/17

Resolutions

That the Environment and Services Committee:

1.      Receives and takes note of the “PanPac Application for Direct Referral to the Environment Court” staff report.

2.      Approves the request by PanPac to allow the direct referral of this application to the Environment Court.

Dick/Wilson

For: Belford, Dick, Graham, Kirton, Wilson, Gregory

Against: Bailey, Paku

Abstained: Hewitt

carried 6/ 2

Councillors Hewitt and Bailey exited the meeting at 10:38 am.

3.      Decides to exercise its delegated powers to make a decision that will have the same effect as the Council could itself have exercised or performed, and that the decision deserves urgency due to requirement to meet Statutory timeframes for these types of decisions, and the decision is carried unanimously.

Dick/Wilson

CARRIED

Councillor Hewitt and Bailey returned to the meeting at 10:41 am.

The meeting adjourned at 10.42am and reconvened at 11.00am with Councillor Kirton absent

8.

Gravel Management Plan and Environmental Code of Practice Adoption

 

Mr Graeme Hansen explained the management plan and Code of Practice have been presented previously and outlined the process undertaken to resolve concerns from the submissions.

ESC53/17

Resolutions

1.      That the Environment and Services Committee receives and notes the “Hawke’s Bay Riverbed Gravel Management Plan and the Environmental Code of Practice for River Control and Waterway Works (2017)” staff report.

2.      The Environment and Services 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.      Adopts the Hawke’s Bay Riverbed Gravel Management Plan and the Environmental Code of Practice for River Control and Waterway Works (2017).

Hewitt/Bailey

CARRIED

 

9.

September 2017 Public Transport Update and Fare Review

 

Anne Redgrave highlighted the modest pattern of growth after making the changes in bus service, and total mobility continued increases.

Councillor Kirton returned to the meeting at 11:09 am.

ESC54/17

Resolutions

1.      That the Environment and Services Committee receives and notes the September 2017 Public Transport Update and Fare Review” staff report.

2.      The Environment and Services 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 maintain bus fares at current levels, with a further review to be undertaken in September 2018.

Dick/Wilson

CARRIED

 

10.

Biodiversity Strategy Implementation Planning Group Wrap-up and Next Steps

 

Desiree Cull presented a summary of the journey of the Implementation Planning group leading to the Hawke’s Bay Biodiversity Action Plan 2017-2020, and the selection of the Biodiversity Guardians. There had been significant and ongoing contributions from a wide range of the community.

It was suggested that the item should go to the Regional Planning Committee, and the guardians could feature representatives from the Treaty Groups.

Ms Cull explained that regarding “visible on the ground” projects, HBRC investigation work around ecosystem prioritisation will inform the work done. Ensure that we bring packages of work that contribute to outcomes, and biodiversity will be part of those outcomes.

It was suggested that appointment of well-connected trustees was very important, it would be really useful to talk to councillors who genuinely understood who was high profile and who was well connected in the community.

Mr Maxwell explained that it was hoped that all the various agencies - HBRC, DoC, Fish and Game etc, would have a broad alignment with the Foundation’s strategic objectives so that any work done gave the best value for money spent.

ESC55/17

Resolutions

That the Environment and Services Committee:

1.      Receives and notes the “Implementation Planning Group Biodiversity Strategy Wrap Up and Next Steps” staff report.

2.      Endorses the Hawke’s Bay Biodiversity Action Plan 2017-2020.

Graham/Bailey

CARRIED

 

11.

HBRC Ahuriri Integrated Catchment Management Plan & NCC Ahuriri Master Plan

 

Anna Madarasz-Smith presented a recap of the issues being experienced in the Ahuriri Estuary and how the various organisations would be working together on remedial actions in the Integrated Catchment Management Plan.

Barry Wilson of Mana Ahuriri explained the formation of Te Komiti Muriwai ō Te Whanga, advising that Mana Ahuriri have major concerns about what is being discharged into the estuary and how it is being discharged.

Richard Munneke and Fleur Lincoln from Napier City Council presented on the NCC Draft Ahuriri and Coastal Edge Master Plan, highlighting some initiatives in the plan, which forms part of the Napier City Vision.

A key driver and initiative was water quality, and because 70% of Napier’s stormwater was discharged into the Estuary, part of the plan was to create artificial wetlands to help treat the stormwater before it gets to the estuary. To create infrastructural elements along with recreational elements.

Questions were asked regarding the discharge of sewage into the estuary during a recent rain event. NCC explained that the problem was complex but work was being done on a solution.

Comments made suggested that this was a very impressive plan but the test of it will be facing up to the difficult issues.

ESC56/17

Resolution

That the Environment and Services Committee receives and notes the “HBRC Ahuriri Integrated Catchment Management Plan & NCC Ahuriri Master Plan” staff reports.

Kirton/Graham

CARRIED

The meeting adjourned at 1.10pm and reconvened at 1.38pm with Councillor Hewitt absent.

12.

Verbal Update on Freshwater Improvement Fund Applications / Environmental Hotspot Projects

 

Iain Maxwell introduced Jolene Townsend, Project Manager, who explained the hotspots that Council was focussing on and the deliverables planned for each project. The hotspots were Ahuriri Estuary, Karamu Stream, Tukituki, Marine Environment, Whakaki Lake and Lake Tūtira, the final two of which have Freshwater Improvement Funding.

Ahuriri was covered in the previous item.

Karamu Stream: Brookvale Wetland project and fencing and planting in Pakipaki and Bridge Pa. Cr Graham told the meeting that Brookvale owners were very keen to be involved in the Karamu Stream proposal.

Councillor Hewitt returned to the meeting at 01:49 pm.

Tukituki: Riparian planting and wetland focal site.

Marine Environment: A Hydrodynamic model over two years and collaborative study on the Wairoa Hard, an area in Hawke Bay where snapper have spawned in the past.

Whakaki: Mr Palmer spoke of the tensions around the Whakaki project and how this was slowing progress on this project. A meeting held recently with the Trust Board was very successful and hopefully has solved some of these problems.

Tūtira: Along with an Integrated Catchment Management Plan and Farm Environmental Management Plans, and other initiatives, an aerator was to be installed, on a trial basis, in Lake Waikopiro, the smaller of the two lakes in Tūtira to see if this would supply the required oxygen to improve the water quality. It was commented that tree felling and native planting work being carried out around the lake was looking very good. This work was being done in partnership with Maungaharuru Tangitū.

Updates would be provided on progress of all Hotspot work in the future.

ESC57/17

Resolution

That the Environment and Services Committee receives the verbal  “Update on Freshwater Improvement Fund Applications / Environmental Hotspot Projects” staff report.

Dick/Graham

CARRIED

The meeting adjourned at 2.02pm  and reconvened at 3.05pm with Councillors Dick and Hewitt absent

13.

Stormwater Management Update

 

Ms Rina Douglas explained the composition of the Stormwater Working Group who have been looking at the issues around the district and would be going back to TANK Group with potential draft rules and policies for discussion.

Regarding Napier City Council technical non-compliance, HBRC Chief Executive and staff will be meeting with NCC regarding this.

ESC58/17

Resolution

That the Environment and Services Committee receives and notes the “Stormwater Management Update” staff report.

Bailey/Wilson

CARRIED

 

14.

Whakatu Weed and Sediment Control Trial

 

Antony Rewcastle explained that the project team of 12 people including representatives of Kohupatiki Marae embarked on this project to clear the Awa for Te Matatini, and to try and improve the sediment levels in the Karamu/Clive River adjacent to Kohupatiki. The project also involved sediment mapping, obtaining good data about the volumes of sediment in that area, and a draft report on the findings will be presented at a later date.

ESC59/17

Resolution

That the Environment and Services Committee receives and notes the “Whakatu Sediment Trial” staff report.

Graham/Wilson

CARRIED

 

15.

Management of Public Use of River Berm

 

Steve Cave advised that this is an update to a paper presented in late 2016, and the investigation seeks to understand and respond to perceived declining community tolerance to some river berm activities.

An inventory of public use is nearly complete, and a draft a report will be completed by November 2018.

Over 1,000 hectares of the river berm, is part of the Heretaunga Plains flood control and drainage scheme. Part of the analysis is considering the cost implications for revised uses for the river berm, which will be considered through the LTP process.

ESC60/17

Resolution

That the Environment and Services Committee receives and notes the “Management of Public Use of River Berm” staff update report.

Wilson/Bailey

CARRIED

 

16.

Tūtira Regional Park Pine Forest Update

 

Steve Cave advised that the working group of interested parties is working well together.

ESC61/17

Resolution

That the Environment and Services Committee receives and notes the “Tūtira Regional Park Pine Forest – Harvest and Replanting Plan” staff update report.

Bailey/Graham

CARRIED

 

17.

Operational Activities Update

 

The item was taken as read.

ESC62/17

Resolution

That the Environment & Services Committee receives the “Operational Activities Update” staff report.

Bailey/Graham

CARRIED

 

18.

Discussion of Items Not on the Agenda

 

Minor items (for discussion only)

Item

Topic

Councillor / Staff

1.   

Whakaki Lake covered in Item 12 on the agenda.

Cr F Wilson

2.   

Brookvale Road also covered in Item 12 on the agenda.

Cr R Graham

3.   

Matariki

Councillor Graham advised there has been a lot discussion on the governance of Matariki, and how it should go forward and his view that the only way that Matariki will work is if the governors of the region manage the governance of the economic development strategy. The Mayor of Wairoa has stated that if the Mayor is not involved at a governance level then Wairoa will not participate.

Proposal for 5 regional leaders, 5 tangata whenua, 5 business leaders, with the existing NKII chair to become the Governance Board chair, meeting quarterly to deal only with high level issues. A proposed management board will deal with day to day business.

Cr R Graham

4.

Water Containers moved to Napier Port as reported in the Regional Transport Committee meeting.

Councillor Belford was under the impression that water bottling in HB was dead. The CE advised that he could supply figures for water takes of local bottlers.

Cr T Belford

 

 

 

Closure:

There being no further business the Chairman declared the meeting closed at 3.50pm on 13 September 2017.

 

Signed as a true and correct record.

 

 

 

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