MINUTES OF A meeting of the Regional Planning Committee

 

 

Date:                          Wednesday 20 June 2018

Time:                          9.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                   T Waaka – Chair Ngāti Pāhauwera Development & Tiaki Trust

Cr R Graham – Co Chair

Cr R Barker – Deputy Co-Chair – from 9.19am

Cr P Beaven

Cr T Belford

K Brown – Ngāti Hineuru Iwi Inc – from 9.45am

Cr A J Dick

M Heperi Northcroft – Ngāti Tūwharetoa Hapū

T Hopmans – Deputy Co Chair - Maungaharuru-Tangitū Trust – via Skype

N Kirikiri – Te Toi Kura O Waikaremoana

Cr N Kirton

J Nelson-Smith – Heretaunga Tamatea Settlement Trust

A Tapine – Tatau Tatau o Te Wairoa

Cr F Wilson

 

In Attendance:        M Mohi – Chairman Māori Committee

J Palmer – Chief Executive

T Skerman – Group Manager Strategic Planning

E Lambert – Group Manager Regulation

I Maxwell – Group Manager Integrated Catchment Management

A Roets – Governance Administration Assistant

 

 

1.       Welcome/Apologies/Notices

The Chairman welcomed everyone to the meeting and Mike Mohi offered a karakia.

Resolution

RPC26/18    That the apologies for absence from Cr Paul Bailey, Cr Debbie Hewitt, Peter Paku and Joinella Maihi-Carroll be accepted.

Tapine/Kirikiri

CARRIED

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

A quorum was not established and so the Committee meeting was not constituted and lapsed at 9.05am, with all items transferred to the 1 August 2018 scheduled Regional Planning Committee meeting. Those present at the start time of 9am were:

T Waaka

Cr R Graham

Cr P Beaven

Cr T Belford

Cr A J Dick

M Heperi Northcroft

T Hopmans– via Skype

N Kirikiri

Cr N Kirton

J Nelson-Smith

A Tapine

Cr F Wilson

The quorum for the Regional Planning Committee is 75%, or 14 members physically present.

 

3.       Confirmation of Minutes of the Regional Planning Committee held on 2 May 2018

 

Deferred to 1 August meeting.

 

4.

Follow-ups from previous Regional Planning Committee meetings

 

Deferred to 1 August meeting.

 

6.

Regional Targets for Swimmable Lakes and River

 

Deferred to 1 August meeting.

 

7.

Oil & Gas Plan Change Options

 

Deferred to 1 August meeting.

 

8.

Presentation of Central Government and Ministry for the Environment Policy Work Programmes & Priorities @ 11am

 

Closure:

The meeting closed at 9.05am on 20 June 2018.

 

Secretarial note: Discussions continued following the meeting having lapsed and are noted following.

·      Query around the challenges of an Outstanding Water Bodies Plan change in relation to cultural values to be asked of the MfE visitors today as a follow-up to the Co-Chairs recent letter to the Minister.

·      Updates provided on Water Conservation Order and TANK including engagement of Mr Morry Black to work through the draft plan with the TANK mana whenua group.

·      The agenda from today will be combined with the 1 August agenda as the substantive items will need formal Committee decisions.

·      Particular ongoing concerns were noted around the 75% quorum for this committee and this is a particular matter that the Terms of Reference review is covering.

Cr Rick Barker arrived at 9:19am

·      Further discussion about the Quorum, standing orders and legislative requirements. Staff to prepare a paper for 1 August meeting setting out the relative legislative matters for the RPC’s quorum and voting entitlements.

·      The Co-Chairs and Co-Deputy Chairs agreed the content of the TOR with the inclusion of the purpose of the Committee from the Act (noting some substantial amendments to TOR previously agreed by the Committee to be set-aside pending the RPC performance review process).

The meeting broke at 9:35am and at 9.45am received a presentation from officials from the Ministry for the Environment and noted following.

A presentation by senior officials (being Robert McClean, Claire Gregory, Claire Gibb and Dan Shenton) from the Ministry for the Environment commenced with an overview of the new Mana Whakahono ā Rohe provisions in the RMA. Discussions traversed:

·      Mana Whakahono a Rohe is a relationship arrangement under the RMA, not intended to be prescriptive, but about the benefits of councils and tāngata whenua working together.

·      Addresses a mismatch in expectations between iwi and councils which can lead to frustration and resources being wasted.

·      To facilitate efficient and effective statutory outcomes and to emphasise the importance of tāngata whenua in resource management under the RMA.

·      The RMA prescribes contents of the arrangement (must include arrangements covering: policy statements and plan making, consultation, monitoring, treaty settlements, conflict of interest and resolving disputes) with the broad purpose including participation, consultation, and decision making.

·      Additional contents may include: resource consenting, limited notification, other functions across other sections under the RMA, including Section 33 Transfers of Powers and Joint Management arrangements.

·      An iwi authority can initiate arrangements for a Mana whakahono a rohe with one or more councils. A council can initiate a Mana Whakahono a Rohe arrangement with one or more iwi authorities and hapū groups.

·      The RMA defines an ‘Iwi authority’ as “the authority which represents an iwi and which is recognised by that iwi as having authority to do so.” There are over 25 iwi authorities for RMA purposes with interests in the Hawke's Bay region according to Te Puni Kokiri’s online records presented at www.tkm.govt.nz.

·      MWARs cannot be in conflict with any existing Treaty settlement legislation which includes the Hawke's Bay Regional Planning Committee Act 2015.

·      MfE recommends councils doing a SWOT analysis early – even before receiving its first invitation for a MWAR (for example, the SWOT could use existing MOUs and internal processes) to get clarification of what HBRC is doing already under the RMA; who potentially HBRC should be engaging with and whether it is appropriate for council to engage with hapu or other iwi authorities in addition to the first single initiating iwi authority.

·      Iwi authorities contemplating initiating a MWAR are encouraged to do their own SWOT assessments before initiating a MWAR with one or more councils.

·      Part of the intention of Mana Whakahono a Rohe arrangements in the RMA is to provide flexibility to enable council and tāngata whenua to work together in a mutually acceptable manner for roles and functions under the RMA.

·      Once Mana Whakahono a Rohe arrangement has been agreed, council is required to update all internal policies and processes to align with the new MWAR within 6 months.

·      Once a Mana Whakahono a Rohe arrangement is agreed, it can’t be altered or terminated unless agreed with all parties to the arrangement.

·      Earlier in 2018, MfE published an online guidance document covering Mana Whakahono a Rohe arrangements.

·      Dan Shenton provided a brief update on the Ministry’s plans to have hui with PSGEs and potentially also councils in Hawke's Bay on 18-19 July 2018. The primary purpose of the hui was for the Ministry to engage with PSGEs because the Ministry has a number of post- settlement obligations with Hawke's Bay PSGEs. The venue for the hui is to be East Pier, Ahuriri with Ministers Parker, Sage and Mahuta will be attending on day 1. Mr Shenton noted that a similar forum for Crown, PSGEs and councils was recently held in Taranaki. Ministry officials were still finalising the agenda for the Hawke's Bay hui.

 

Signed as a true and correct record.

 

 

 

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