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Tom Skerman explained that the team hopes
to have the Draft Plan Change signed off by TANK in May 2018, subject to
process decisions by the Special Tribunal for the Water Conservation Order (WCO),
before providing an update on the progress of the WCO application and
hearings process (tabled as following).
WCO Update
1.
At the 1st
hearing at the request of HBRC the Tribunal called for submissions on
splitting the Hearing so that the Upper Ngaruroro was heard first and the
Lower Ngaruroro and Clive were heard once the hydrological modelling that has
been developed as a part of the TANK Process.
2. Following further submissions as well as supporting affidavits by
HBRC staff, the Tribunal has Confirmed:
a. It will split the hearing so that it is heard in two
parts.
b. The point of Split will be the Whanawhana cableway
c. It has rejected the Applicants request for the split to
be made on a values basis, and the split is simply geographical.
d. The hearing for the Upper will commence on 14
November and will run through to 14 December with approx. 7 working day break
from 22/11-4/12.
e. HBRC will be required to submit its evidence by 27
October 2017 and we are indicatively scheduled to appear on 21 November.
f. The hearing for the lower will follow the
availability of the TANK modelling results which is anticipated to be May
2018.
g.
HBRC
is to lodge a Report with the Tribunal by 31/1/18 as to progress with the
availability of TANK investigations.
3.
In parallel,
the Tribunal has agreed that the Applicant’s notification process
risked excluding notice being given to some affected parties – so it is
likely the Applicant will have to re notify its application in respect of the
Lower/Clive. This won’t affect the timing of the second hearing.
4.
Finally, it
should be noted that under some degree of urgency 2 staff provided affidavits
to support HBRC’s submission and that the Tribunal relied upon the
evidence and statements made by staff in reaching these conclusions. [15],
[24], [33].
Discussion ensued,
covering:
·
The Special Tribunal
has acknowledged that this is one Conservation Order, which will just be
heard in two parts.
·
The tribunal is
looking for the science from TANK, but has stated that the plan change and
the WCO are separate processes.
·
In terms of
resourcing it is good for HBRC that the tribunal has made the split.
·
The Plan change will
have to take into consideration the WCO.
·
HBRC’s position
regarding the upper reaches was expressed in the form of conditional support,
with a degree of tactics and caution because it was not known at the time, how
it was going to pan out.
·
Now that it is
understood what the tribunal’s processes will be, HBRC can move forward
and present evidence.
·
Council needs to
discuss outstanding status for the upper reaches, as the upper reaches of the
Ngaruroro contain lots of Maori land blocks. A meeting with hapu will be
required as discussion needs to be held with stakeholders.
It was
suggested that the sub-committee, previously appointed, reconvene and make an
assessment to inform staff of a view as required before 27 October and also
meet with landowners from the area.
HBRC is one of many submitters involved in the process.
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