Agenda of Maori Committee - 12 December 2017

Meeting of the Hawke's Bay Regional Council Maori Committee

Date: Tuesday 12 December 2017

Time: 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. Short Term Replacements for 12 December 2017 Meeting 3

4. Confirmation of Minutes of the Maori Committee held on 17 October 2017

5. Follow-ups from Previous Māori Committee Meetings 5

6. Call for Any Minor Items Not on the Agenda 23

Decision Items

7. Māori Representation on HBRC - Next Steps 25

Information or Performance Monitoring

8. Verbal Update on the HBRC 2018-28 Long Term Plan Process

9. Verbal Update on Current by HBRC Chairman and CE

10. Update - Outstanding Water Bodies Plan Change 27

11. Presentation from Richard Brooking - Whakaki

12. Update on Oil & Gas Plan Change Work Programme 29

13. December 2017 Statutory Advocacy Update 31

14. Discussion of Items Not on the Agenda 37

Parking

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 12 December 2017

SUBJECT: Short Term Replacements for 12 December 2017 Meeting

Reason for Report

1. The Maori Committee Terms of Reference makes allowance for short term replacements (proxy) to be appointed to the Committee where the usual member/s cannot attend.

Recommendation

The Maori Committee agrees that ______________ be appointed as member/s of the Maori Committee of the Hawke’s Bay Regional Council for the meeting on Tuesday 12 December 2017 as short term replacements(s) for ________________

Authored by:

Judy Buttery

Governance Administration Assistant

Approved by:

Liz Lambert

Group Manager
External Relations

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 12 December 2017

SUBJECT: Follow-ups from Previous Māori Committee Meetings

Reason for Report

1. Attachment 1 lists items raised at previous meetings that require follow-up, who is responsible, when it is expected to be completed and a brief status comment. Once the items have been reported to the Committee they will be removed from the list.

Decision Making Process

2. 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 Māori Committee receives the “Follow-up Items from Previous Māori Committee Meetings” report.

Authored by:

Judy Buttery

Governance Administration Assistant

Approved by:

Liz Lambert

Group Manager
External Relations

Attachment/s

⇩1

Folow-ups from Previous Maori Committee Meetings

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 12 December 2017

SUBJECT: Call for Any Minor Items Not on the Agenda

Reason for Report

1. Under standing order, 9.13:

“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.”

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 resolution, for discussion as Agenda Item 14

Recommendations

Māori Committee accepts the following minor items not on the agenda, for discussion as item 14.

Authored by:

Judy Buttery

Governance Administration Assistant

Approved by:

Liz Lambert

Group Manager
External Relations

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 12 December 2017

Subject: Māori Representation on HBRC - Next Steps

Reason for Report

1. To establish and agree to develop a work programme for the Māori Committee to pursue future options for Māori Representation on the Regional Council through the establishment of Māori constituencies, if that is the wish of the committee.

Background

2. At its meeting on 15 November 2017, Council resolved that:

2.1. Receives and considers the “Māori Constituencies” staff report.

2.2. Resolves, in accordance with s.19Z of the Local Electoral Act 2001, to not establish Māori constituencies for the Hawke’s Bay Region for the 2019 local body elections.

2.3. Instructs the Chief Executive to give notice of Council’s decision in this regard.

3. Although not part of the formal resolutions, there was agreement amongst councillors that feedback would be sought from the Māori Committee representatives and Māori community on the option for Council to resolve to hold a poll, possibly as part of the 2019 local body elections.

Options Assessment

4. The options for the Maori Committee include:

4.1. Making a formal recommendation to Council that it resolves to hold a poll as part of the 2019 local body elections

4.2. Confirms the views expressed at the Hui A Iwi, that the Māori community does not want a Poll on whether or not HBRC establishes Māori Constituencies to be held, and that the discussion with Council is reintroduced within the timeframes required for effect at the 2022 or 2025 local elections.

5. In relation to both options, the expectation may be that the Māori Committee’s 2018-19 work programme includes engagement with Māori voters on this takiwa to be effectively informed and motivated to actively participate in and commit to the processes to enable the establishment of Maori constituencies in Hawke’s Bay at the next available opportunity.

Recommendations

That the Māori Committee:

1. Receives and notes the “Māori Representation on HBRC – Next Steps” staff report.

2. Agrees to the development of a Work Programme for the Māori Committee to pursue options for the future establishment of Māori Constituencies for HBRC during 2018 and 2019.

Authored by:

Leeanne Hooper

Governance Manager

Joyce-Anne Raihania

Senior Planner
Governance and Iwi Liaison

Approved by:

Liz Lambert

Group Manager
External Relations

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 12 December 2017

Subject: Update - Outstanding Water Bodies Plan Change

Reason for Report

1. This report is a replica of a report prepared for the Regional Planning Committee meeting on 6 December 2017. The Regional Planning Committee (RPC) is responsible for overseeing preparation, review and changes to regional plans, so this is presented to the Maori Committee members for information purposes only.

2. This paper provides an update on the progress of the outstanding waterbody plan change workstream which the RPC previously agreed to progress in June 2017.

Background

3. Since June, planning staff have been focussing on Parts 1 and 2 of the agreed project approach (see paragraph 8 below). In particular, the focus has been on those publications which discuss the cultural and spiritual values associated with various waterbodies across the region and ensuring they are accurately recorded.

4. The first part of this work is now complete, and the findings will be provided to each of the Treaty settlement entities in Hawke’s Bay inviting their feedback. This includes those entities represented on the RPC, plus Ngāi Tūhoe, Ngāti Kahungunu Iwi Incorporated, Ngāti Manawa, Ngāi Tāmanuhiri, Ngāti Kahungunu ki Wairarapa and Rongowhakaata.

5. This information has been deliberately left in draft form so any comments and amendments from the Treaty settlement entities can be incorporated before the cultural values literature review is finalised.

Key dates

6. The following key dates apply in the short to medium term.

6.1. Dec 2017 – Jan 2018: complete high level review of region’s waterbodies for ecological, recreational and landscape values.

6.2. mid Feb 2018: all comments and amendments to draft cultural values literature review must be received from Treaty settlement entities.

6.3. March 2018: report findings of high level review back to RPC members and consider short list of ‘candidate outstanding waterbodies.’

6.4. April 2018: Commence secondary analysis on ‘candidate outstanding waterbodies’.

Recap

7. In June 2017, the Regional Planning Committee had endorsed an approach that was co-designed with the RPC tangata whenua representatives to identify outstanding waterbodies (OWB) across the region, which considered all values at the same time.

8. The project approach can be broadly split up into 5 parts.

Part 1	Comprise an initial list of named waterbodies from Draft Change 5 and those waterbodies of significance to Tāngata whenua as listed in deeds of settlement, statutory acknowledgements, treaty settlements, customary usage reports, Waitangi tribunal reports, supplied affidavits and several court cases.
Part 2	Carry out a high level review of all waterbodies on the ‘initial list’, presenting the findings in a table format featuring the following value headings for each waterbody: importance to Tāngata whenua, water quality, recreation, ecology, natural features, landscape and scientific.
Part 3	Report findings of high level review back to RPC. Confirm short list of ‘candidate outstanding waterbodies’ followed by a secondary analysis and consultation with iwi authorities and district councils.
Part 4	Report findings back to RPC of the secondary analysis on short listed waterbodies, plus comments from consultation. RPC to confirm waterbodies which are outstanding in Hawke’s Bay for the purposes of the NPSFM.
Part 5	Draft a plan change accordingly, carry out consultation, and present a draft outstanding waterbody plan change to RPC for adoption and notification.

Implications of this update report for Tāngata whenua

9. Tāngata whenua have a special cultural, spiritual, historical and traditional associations with freshwater. The relationship between Tāngata whenua and freshwater is founded in whakapapa, which is the foundation for an inalienable relationship between Māori and freshwater that is recorded, celebrated and perpetuated across generations. Freshwater is recognised by Māori as a taonga of paramount importance.

10. All waterbodies are important for spiritual, physical and customary reasons, and the RPC’s agreed project approach is intended to ensure tāngata whenua values are addressed as part of a robust process to identify OWB in Hawke’s Bay.

11. It is important to note that the OWB plan change does not act to lessen the importance of waterbodies that are not labelled ‘outstanding’ or ‘significant’ or change the way in which these waterbodies are managed. The NPSFM and council’s overall work programme will continue to recognise that water is a taonga of paramount importance to Maori, and tāngata whenua’s special cultural, spiritual, historical and traditional associations with all waterbodies.

Decision Making Process

12. 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 Māori Committee receives and notes the “Update on Identification of Outstanding Freshwater Bodies Work Programme” staff report.

Authored by:

Belinda Harper

Senior Planner

Gavin Ide

Manager, Strategy and Policy

Approved by:

Tom Skerman

Group Manager
Strategic Development

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 12 December 2017

Subject: Update on Oil & Gas Plan Change Work Programme

Reason for Report

1. This report is a replica of a report prepared for the Regional Planning Committee meeting on 6 December 2017. The Regional Planning Committee (‘RPC’) is responsible for overseeing preparation, review and changes to regional plans, so this is presented to the Maori Committee members for information purposes only.

2. This report provides an update to Committee members of the stakeholder and iwi engagement phase of preparing a proposed oil and gas plan change. This is an interim update of the consultation progress, and outlines themes of the feedback to date. This update is not a comprehensive account of all viewpoints of iwi and stakeholders as the engagement phase is still in progress.

3. The iwi and stakeholder engagement plan was presented, reviewed and agreed at the RPC meeting on the 6 September as an appropriate way in which Opus and Council officers would consult with the community. Update reports to the RPC on stakeholder engagement were part of the engagement plan.

Stakeholder Engagement

4. Since the project’s engagement plan was agreed in September, planning staff have contacted those stakeholder groups identified in the plan. To date acceptance to the offer of a meeting/presentation has been reasonably limited.

5. The table below provides a summary of the meetings that have been held, and a summary of the feedback (verbal) which has been received.

Who	Sub-groups	When (2017)	Feedback to date
TLA senior planning staff	Central HBDC Hastings DC	3 Nov	· Taking a ‘wait and see’ approach and will respond to any proposals as required. · Appreciated content of the pre-circulated ‘information pack.’ · Did not see regional plan change proposal as conflicting with district plan controls/functions.
Marine and Coastal Group Meeting (Chaired by HBRC)	Recreation & commercial fishers NKII Tamatea Taiwhenua Te Ohu Kaimoana FINZ LegaSea MPI	3 Nov	· Concerns were mostly focused on the impacts of seismic surveying in marine area. · Did not seem too concerned about sharing space in the coastal marine area. · No opinion for or against the plan change proposal · Concerns about the potential impacts arising from oil and gas activities on fish stocks.
HB horticultural sector meeting (Chaired by HBRC)		13 Nov	· Not a strong position against the oil and gas industry but a general appreciation of protecting important water resources. Seemed comfortable with regulating aquifer areas with a prohibition.
PEPANZ		15 Nov	· PEPANZ is mostly opposed to the use of prohibited activity status for aquifers and especially aquifer recharge areas. Feel this is an arbitrary approach and would like to see some robust evidence that prohibited activity status is necessary for oil & gas activities relative to other activities having same/similar effects around aquifers. · Open to some no-go areas such as culturally and ecologically sensitive areas. · Want rules to focus on the effects, or potential effects, of activities – not target particular activities and not others with same/similar effects.

6. It should be noted that some stakeholder groups have declined to meet and equally do not wish to make any comment at this stage in the process. In those cases, the person/group contacted explained they either wish to remain neutral at this stage or they do not have the mandate to provide an opinion on the proposal.

Engagement with iwi authorities

7. It was suggested at the RPC meeting on the 6 September that it would be logical to arrange hui to bring together a number of the iwi authorities, rather than trying to meet with each iwi authority individually. RPC tangata whenua representatives were asked to advise staff about how this might be accomplished, however unfortunately, very few suggestions have been offered and as a consequence, no arrangements for hui-a-iwi have yet been made. It remains planning staff’s intention to hold hui-a-iwi (singular or several hui) and staff reiterate eagerness to accept the RPC tangata whenua representatives’ offer of assistance to make those arrangements.

8. It should be noted that when opportunities arise staff are informing iwi authorities of the proposed plan change. For example, a meeting was held on the 14 November with Ngai Tuhoe representative and the oil and gas plan change was one item for discussion on the agenda (at which councillors Barker and Wilson were in attendance).

Other matters

9. Committee members will recall a project webpage has been established on the Council’s website. The webpage will soon offer the opportunity for any person to provide informal feedback on the oil and gas plan change proposals. This is not intended to be a formal submission or lead to any hearing presentations, but rather offer another way for comments to be made during the early stages of plan change preparation.

Decision Making Process

10. 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 Māori Committee receives and notes the “Update on Oil & Gas Plan Change Work Programme” staff report.

Authored by:

Ceri Edmonds

Planner

Gavin Ide

Manager, Strategy and Policy

Approved by:

Tom Skerman

Group Manager
Strategic Development

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 12 December 2017

SUBJECT: December 2017 Statutory Advocacy Update

Reason for Report

1. To report on proposals forwarded to the Regional Council and assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project since the last update in October 2017.

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 outlines those proposals that the Council’s Statutory Advocacy project is currently actively engaged in. This period’s update report excludes the numerous Marine and Coastal Area Act proceedings little has changed since the previous update.

Decision Making Process

5. 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 Māori Committee receives and notes the December 2017 Statutory Advocacy Update staff report.

Authored by: Approved by:

Ceri Edmonds

Planner

Tom Skerman

Group Manager
Strategic Development

Attachment/s

⇩1

December 2017 Statutory Advocacy Update

Item	Topic	Councillor/Committee member / Staff
1.
2.
3.
4.
5.