Minutes of Regional Planning Committee

1. Welcome/Apologies/Notices

The Chairman, Toro Waaka, welcomed everyone to the meeting and Apiata Tapine offered a karakia.

Resolution

RPC31/18 That the apologies for absence from Tania Hopmans and Cr Rick Barker be received.

Beaven/Maihi-Carroll

CARRIED

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

James Palmer advised that a request for a late item was received from tangata whenua members of the Committee.

Resolution

RPC32/18 That the Regional Planning Committee accepts the late item “Additional Candidate Outstanding Water Body for Cultural Values Assessment” for consideration and decision at today’s meeting in accordance with HBRC Standing Order 9.12; with the reason why the discussion of the item cannot be delayed until a subsequent meeting being that the process of further assessment of candidate outstanding water bodies is already well advanced to meet Plan Change notification timelines that Council prefers are not further delayed while the additional assessment work is undertaken.

Tapine/Bailey

CARRIED

3. Confirmation of Minutes of the Regional Planning Committee meeting held on 14 August 2018

RPC33/18

Resolution

Minutes of the Regional Planning Committee meeting held on Tuesday, 14 August 2018, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record as amended to include the apology for absence from Councillor Neil Kirton.

Waaka/Bailey

CARRIED

4.	Follow-ups from previous Regional Planning Committee Meetings
	There were no follow-up items for consideration.

Call for Items of Business not on the Agenda

RPC34/18

Resolution

That the Regional Planning Committee accepts the Outstanding water bodies – late item for consideration and decision.

Maihi-Carroll/Bailey

CARRIED

Oil & Gas Plan Change Options

Rina Douglas presented the item, previously provided to the Committee on 20 June when, due to a loss of quorum, the Committee was unable to resolve decisions. Discussions covered:

· Government announcements that no new offshore or onshore oil and gas exploration permits will be granted, except in Taranaki.

· The extent of proposed Crown Minerals Act and associated regulations changes remain uncertain.

· One current active offshore exploration permit partially within HBRC’s 12 nautical mile jurisdiction.

· Estimated cost for Option 2 approximately $200,000.

· Query about whether the Endeavour Energy oil and gas exploration permit (53806) is still active to be followed up by staff.

RPC35/18

Resolutions

1. That the Regional Planning Committee receives and notes the “Oil & Gas Plan Change Options” staff report.

2. The Regional Planning 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 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.

2.2. Agrees to cease further work on preparation of the Oil and Gas plan change with a view to incorporating this work, as appropriate, in future upcoming reviews of the Regional Resource Management Plan and Regional Coastal Environment Plan, except that:

2.2.1. Staff may wrap-up and close works on the current stand-alone oil and gas plan change project to enable smooth assignment of the project’s current intelligence over to the future plan review projects.

2.3. Amends the 2018-28 Long Term Plan to remove the oil and gas plan change project from the Strategic Planning Group of Activities.

Bailey/Wilson

CARRIED

TANK Plan Change further information

Mary-Anne Baker and Jeff Smith presented an overview of three of the TANK non-consensus matters with discussions traversing:

· Still some topics yet to be reported on, e.g. managing nutrient loss risks as a result of land use change, protection of drinking water sources, and some stormwater provisions.

· Today’s presentation to be distributed to members

Issue 1: High flow allocation limits – Ngaruroro and Tūtaekuri rivers

· Surface and groundwater allocation limits are currently met or exceeded.

· Ongoing demand for water and understanding the need and providing for both current and future foreseeable water needs and possible solutions

· The benefits and costs for the High Flow allocations in Ngaruroro and Tūtaekuri Rivers

· Draft Plan provides for a limit on high flow abstraction

· how much change to the Fre³is acceptable/appropriate to protect the river functions - range between 6m³/sec to 12m³/sec potential acceptable allocation limit.

· High Flow allocation is distinct from low flow/minimum flow limits.

Issue 2: Stream depletion management

· Groundwater and surface water abstraction reduce stream flows

· Groundwater allocated significantly exceeds actual use

· New water use (including though transfers) prevented

· Improving riparian land management a key measure to improve lowland stream health

· Storage and release option for managing depletion impact on Ngaruroro river to be further developed

· Review to be carried out once existing permits are reviewed or replaced (allocation and allocation limits, actual water use data and assessment of stream enhancement schemes)

· Benefits and costs of managing stream depletion effects

Issue 3: Minimum flows and allocation limits for the Tūtaekuri and Ngaruroro Rivers

· A summary of issues and whether the existing minimum flows and allocation limits are appropriate to protect identified values of the Ngaruroro and Tūtaekuri rivers

· TANK Group reached agreement on:

o Storage and flow release option to be developed.

o Groundwater abstraction in Zone 1 part of surface water allocation.

o Allocation limits and minimum flow triggers to be included in rules – over-allocation to be phased out/prevented.

o Ecosystem health to be improved through range of policy and rules

o Damming prohibitions on the Tūtaekuri and Ngaruroro – high flow allocation limits specified.

Action: Schedule and timelines to be provided in terms of the Plan Change and content of workshops based on the decisions to be made.

RPC36/18

Resolutions

That the Regional Planning Committee:

1. Receives and notes the “TANK Plan Change Further Information” staff report.

2. Further notes that:

2.1 the TANK Plan Change Further Information report is lengthy and contains complex information which requires further time for review and analysis by Committee members;

2.2 there are further reports to be provided to the Committee in accordance with the 14 August Committee resolution, being:

“3. Requests that staff prepare and present the further reports as listed following, to the Committee:

3.1. the outstanding areas of non-consensus and any other areas that may be identified by the tangata whenua or council members of the RPC following the 14-15 August 2018 workshops so that decisions can be made by the RPC on those and other outstanding technical refinements

3.2. options to consider whether the Committee proceeds directly to formal public notification, limited circulation of the draft plan change for targeted pre-consultation, or some wider public release of the draft plan change for general pre-consultation and feedback

3.3. section 32 evaluation report

3.4. implementation plan

3.5. mandatory pre-notification consultation requirements with iwi authorities, local authorities and Ministers of the Crown

3.6. proposed timeframes and arrangements for the hearing phase of the plan change process.”

2.3 once all reports and information have been received, the Committee will then assess and make a decision on the draft plan and accompanying documentation in its totality.

3. Adopts the following provisions to be included into the draft TANK Plan Change (PC9) Version 8.

3.1 Include a high flow allocation limit of 8 m³/s for the Ngaruroro River, and an equivalent high flow allocation for the Tūtaekurī River as in Policy 51 and schedule 7 and associated rules.

3.2 Provide for stream flow enhancement of lowland streams as in Policy 35 and associated rules.

3.3 Maintain the Regional Resource Management Plan’s existing minimum flow trigger for the Ngaruroro River at Fernhill of 2400 l/sec and reduce the allocation limit to 1300 l/sec for surface and zone 1 groundwater abstraction in Policy 39 and associated rules.

3.4 Increase the existing minimum flow for the Tūtaekurī River at Puketapu to 2500 l/sec and reduce the allocation limit to 1140 l/sec for surface and zone 1 groundwater abstraction from in Policy 39 and associated rules.

Tapine/Northcroft

CARRIED

The meeting adjourned at 1.17pm and reconvened at 1.56pm

2017-18 Annual Summary Report of Regional Planning Committee activity

Gavin Ide introduced the item, outlining the Committee’s activities over the last financial year and advising that the summary report will be incorporated into the Council’s Annual Report. Discussions traversed:

· A review on the performance of the RPC needs to be undertaken as required by the RPC Act. Council had a workshop, with discussions captured in a summary document. To date received feedback from only 2 PSGE chairs. Full report on the review feedback will be reported to the October RPC meeting.

RPC37/18

Resolution

That the Regional Planning Committee receives and notes the ‘2017-18 Annual Summary Report of Regional Planning Committee Activity’ staff report.

Dick/Northcroft

CARRIED

RMA Policy Planning Projects Update

Gavin Ide updated the Committee, highlighting:

· Actions and activities

· Forestry issues/Slash and sediment update provided to E&S meeting to be circulated via email to RPC members

· Taharua and Mohaka Catchment plan change (PC8) update to be provided to December RPC meeting as part of regular reporting.

RPC38/18

Resolution

That the Regional Planning Committee receives and takes note of the ‘RMA Policy Planning Projects Update’ staff report.

Bailey/Nelson-Smith

CARRIED

10.

Statutory Advocacy update

Gavin Ide introduced the item and drew the committee’s attention to:

· Minister has approved and agreed with Hastings District Council’s decision to proceed with the rezoning of Iona Urban Development Area (between Middle and Iona roads in Havelock North) – map to be circulated to RPC members

· Hearings for Napier City Council’s Plan Change 12 are scheduled 17 and 18 September.

RPC39/18

Resolution

That the Regional Planning Committee receives and notes the Statutory Advocacy Update staff report.

Wilson/Bailey

CARRIED

11.	Discussion of Items of Business not on the Agenda
	There were no items raised for discussion.

12.

Additional Candidate Outstanding Fresh Water Body for Cultural and Spiritual Values Assessment – Tūtaekurī River

Tom Skerman outlined the rationale for the item to include Tūtaekurī River on the list of candidate water bodies for secondary analysis and its omission from the list in the first instance.

RPC40/18

Recommendations

That the Regional Planning Committee:

1. receives and notes the “Additional Candidate Outstanding Fresh Water Body for Cultural and Spiritual Values Assessment – Tūtaekurī River” report.

2. recommends that the Hawke’s Bay Regional 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 the decision 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 that the Tūtaekurī River be included on the list of candidate Outstanding Fresh Water Bodies for cultural and spiritual values for secondary assessment by staff.

Graham/Wilson

CARRIED

Closure:

There being no further business the Chairman declared the meeting closed at 2.18pm on Wednesday, 12 September 2018.

Signed as a true and correct record.

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