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MINUTES OF A meeting of the Regional Planning Committee

 

 

Date:                          Wednesday 31 October 2018

Time:                          1.00pm

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

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

Cr R Graham – Co Chair

Cr P Bailey

Cr R Barker – Deputy Co Chair (from 1.15pm)

Cr P Beaven

Mr K Brown – Te Kopere o te Iwi Hineuru

Cr T Belford

Cr A J Dick

Cr D Hewitt (from 1.10pm)

T Hopmans – Deputy Co-Chair -Maungaharuru Tangitū Trust

N Kirikiri – Te Toi Kura O Waikaremoana

Cr N Kirton

J Maihi-Carroll – Mana Ahuriri Trust

J Nelson-Smith – Heretaunga Tamatea Settlement Trust

P Paku – Heretaunga Tamatea Settlement Trust

A Tapine – Tātau Tātau o Te Wairoa Trust

 

In Attendance:            M Mohi – Chairman Maori Committee

J Palmer – Chief Executive

T Skerman – Group Manager Strategic Planning

P Munro – Te Pou Whakarae

A Roets – Governance Administration Assistant

C Edmonds – Senior Planner

M Baker – Senior Planner

R Douglas – Senior Planner

G Ide – Manager Policy & Planning

R Ellison – Wakataurua Ltd

 


1.       Welcome/Apologies/Notices

The Chair welcomed everyone to the meeting.

Resolution

RPC41/18  That the apologies for absence from Cr Fenton Wilson and Mr Matiu Heperi-Northcroft, and for lateness from councillors Rick Barker and Debbie Hewitt be accepted.

Dick/Tapine

CARRIED

 

Cr Peter Beaven, Ms Nicky Kirikiri and Mr Karauna Brown advised the Chair that they will leave the meeting at 2.00pm, 2.30pm and 3.30pm respectively.

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Regional Planning Committee held on 19 September 2018

RPC42/18

Resolution

Minutes of the Regional Planning Committee held on Wednesday, 19 September 2018, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Beaven/Nelson-Smith

CARRIED

 

4.

Follow-ups from previous Regional Planning Committee Meetings

RPC43/18

Resolution

That the Regional Planning Committee receives the “Follow-up Items from Previous Meetings” staff report.

Bailey/Maihi-Carroll

CARRIED

 

5.

Call for Items of Business not on the Agenda

 

There were no “Minor items of Business Not on the Agenda” raised.

 

6.

National Policy Statement for Freshwater Management Progressive Implementation Programme - Revised Third Edition

 

Gavin Ide updated the committee on a revised 3rd edition of a revised progressive implementation programme for implementing the National Policy Statement for Freshwater Management.  Discussions traversed:

·      Council required to review its progressive implementation plan and formally adopt and notify its Progressive Implementation Programme by 31 December 2018.

·      Essentially two options to consider, being to either roll over the existing PIP or to adopt a revised one.

·      Staff recommend implementation programme with timeframe extended to the end of 2030

·      Best endeavours to deliver outcomes within timeframes while recognising these are complex processes.

 

RPC44/18

Resolutions

1.      That the Regional Planning Committee receives and notes the “National Policy Statement for Freshwater Management Progressive Implementation Programme - Revised Third Edition” staff report.

2.      The Regional Planning Committee recommends that 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 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 that extending full implementation of the National Policy Statement for Freshwater Management’s (NPSFM) policies out to 31 December 2030 in Hawke’s Bay is appropriate because:

2.2.1.    meeting a 31 December 2025 timeframe would result in lower quality planning and

2.2.2.    it would be impracticable for the Council to complete implementation of all of the NPSFM policies by 31 December 2025.

2.3.      Adopts the updated (3rd edition) 2018 Progressive Implementation Programme for the National Policy Statement for Freshwater Management as proposed.

Belford/Maihi-Carroll

CARRIED

 

7.

TANK (PC9) Plan Change and Decisions on Plan Change matters

 

Tom Skerman introduced the item, advising that version 8 of the draft plan change will be prepared for the RPC meeting on 12 December 2018 for the Committee to consider whether it is in a form ready for Schedule 1, pre-notification consultation. Discussions traversed:

Cr Debbie Hewitt arrived at 1.10pm.

·      Three matters for consideration today as per the recommendations, two of which were traversed in this morning’s workshop, relate to nutrient loss, drinking water and stormwater.

Cr Rick Barker arrived at 1.15pm.

·      Issue 1: Managing nutrient loss and land use change – how sediment loss is managed, comparing sediment loss to nutrient loss and context around the modelling.

·      Understanding how best to manage land use change through regulation with a number of options considered as described, with recommended approach based on an acceptable threshold of loss

·      Schedule to be further developed to clearly explain “Land Use Change” to provide better guidance for compliance officers and landowners, as difficult to accurately define change that occurs both incrementally and through more fundamental farm system changes

·      Need to develop additional management approaches at property scale to ensure future land use change does not undermine the ability for water quality limits to be achieved

Cr Debbie Hewitt left the meeting at 1.21pm.

·      Differences between options, best practice requirements to meet water quality objectives related to location including values being managed for

·      Agreement, in principle, reached in support of staff recommendations in agenda item

·      Issue 2:  JWG recommendations for protection of drinking water sources – queried whether a completion date for NCC SPZ can be included in the Plan Change

·      Staff recommendations accepted as proposed.

·      Issue 3:  Stormwater Policy and Rules – draft policies and rules were initially presented 14 August. Staff have subsequently made amendments for greater specificity, with measurable and realistic timeframes and deadlines to put policies in place in accordance with a decision making matrix for determining if an activity was low, medium or high risk.

·      A summary of the Ahuriri Estuary Stormwater and Wastewater agenda item and presentation by NCC at 14 November Environment and Services committee is to be provided to RPC.

·      Failure of NCC infrastructure resulted in wastewater discharges to Ahuriri – not compliant with their resource consent conditions which do not allow that.

Cr Beaven left at 1.49pm

·      Request for a workshop on Ahuriri Estuary issues for RPC to form a consolidated picture of what is happening.

·      Draft S32 evaluation report has been prepared by Mitchell Daysh Ltd, but cannot be completed until the Plan Change drafting has been finalised.

·      To provide a further review of the s32 evaluation at the next RPC meeting in December.

Cr Debbie Hewitt returned to the meeting at 2.05pm.

·      Requests for a definition of “farming enterprise”, information around numbers of properties by size, clarity on the cost allocation for SPZ zones in relation to Papakainga and marae, and assurances around the health of taonga species for human consumption.

RPC45/18

Resolutions

1       That the Regional Planning Committee receives and notes the “TANK (PC9) Plan Change and Decisions on Plan Change Matters” staff report.

2       That the Regional Planning Committee adopts in principle, and subject to the Committee assessing and making a decision on the complete draft Plan Change and accompanying documents, the following provisions to be included into the draft TANK Plan Change (PC9) Version 8.

2.1     Retain Policy 16(a) as provided in Draft Plan Change for TANK Catchments version 7.1.0 dated 8 August 2018; being:

16 The Council will achieve the freshwater targets in Schedule 1 by;

a)    developing nutrient loads and limits for nutrient allocation if the management framework in Policy 15 is not leading to improved attribute states by the time this plan is reviewed;”

2.2     Include rules for managing contaminant loss effects from land use change as provided following (2.2.1) and to amend Schedule 4 as follows (2.2.2 & 2.2.3).

2.3     Include provisions for managing drinking water as follows (2.3.1).

2.4     Include provisions for managing stormwater as outlined following.

Hopmans/Belford

CARRIED

 


2.2.1     Table 7: Recommended rules for managing land use change

2.2.2       “129. If the use of production land on farm properties or farming enterprises in the TANK catchments changes land use, information may be requested from the land owner or land manager to demonstrate or model the annual Nitrogen loss in order to:

1.    Show compliance with the requirements of TANK 4 and TANK 4a;

2.    Enable Policy 15 to be implemented; and

3.    Assist landowners to comply with the requirements of Schedule 5 items (b) (iii) and (e).”


2.2.3     Table 8: Model nitrogen loss per hectare

2.3.1     “TANK Draft Plan Change – Protection of the Water Quality for Community Water Supply”

 

10.

Three Waters - Matauranga Maori Presentation

 

Riki Ellison presented the “Māori Word view” and inter-related culture and traditions, ancestral lands, water, waahi tapu sites and other taonga.  Discussions traversed:

·       Objective is to consider and recognise Te Mana o Te Wai in the management of freshwater and reflect those provisions in plan changes

·       Acknowledges the connections between all parts of the natural world

·       Policy/legal framework to manage human interaction with each other and the natural world

Nicky Kirikiri left the meeting at 2.32pm

·       Minister aspirations to utilise Mataurangi Māori in addressing and exploring issues around drinking, waste and storm water including regulation, funding, capacity and capability.

·       Key issues for Māori include impacts of water quality and existing system failures on Māori and Māori communities

·       Acknowledgement of Māori rights and interests, and achieving better economic, environmental, cultural and social outcomes.

RPC46/18

Resolution

That the Regional Planning Committee receives and notes the verbal “Three Waters - Matauranga Māori Presentation” by Riki Ellison.

Maihi-Carroll/Graham

CARRIED

 

8.

TANK (PC9) Consultation, Notification and Hearings Processes

 

The item was taken as read and Gavin Ide highlighted the RMA processes required for the TANK plan change.  Discussions traversered:

·      The three principal phases of plan change preparation are Drafting (pre-notification), Post-notification submissions and hearings, and Decisions (and potential Court appeals)

·      Pre-consultation (as part of Drafting) prior to public notification with various parties including territorial authorities, the Minister for the Environment and Iwi Authorities (9 listed in the paper)

·      Adequate time for relevant iwi authorities to be able to provide feedback on it back to council, and how long a period is reasonable

·      Note the view expressed, that Te Kahui Mangai’s online records are not a reliable source of information on relevant iwi authorities

·      Consider whether iwi authorities may be able to be grouped into where they share common interests or catchments for feedback during pre-consultation

·      Tangata whenua need to be provided adequate time and opportunity to consider the plan change with their respective iwi authorities and provide quality feedback.

·      For a regular schedule 1 plan change process, the formal submission period must be at least 20 working days’ duration

Cr Alan Dick left the meeting at 3.16pm, and the quorum was lost.

·      Suggestion that if tangata whenua representatives know of iwi authorities that are not listed, to provide contact details to staff so that they can be included in the pre-consultation

·      Version 8 of the plan change, incorporating the agreed provisions from the RPC workshops and meetings since 14 August to date, will be presented at the 12 December RPC for pre-consultation with the territorial authorities, iwi authorities and other parties for a period ending mid-March to enable consideration of the feedback at the 3 April RPC meeting.

RPC47/18

Resolutions

That the Regional Planning Committee receives and notes the “TANK (PC9) Consultation, Notification and Hearings Processes” staff report.

Tapine/Nelson-Smith

CARRIED

 

9.

RPC Performance Review – Summary of Feedback from Appointers

 

It was considered that insufficient feedback was received from Treaty Settlement partners, and therefore this item is deferred until such time as the Te Pou Whakarae has met with the entities and formulated their feedback.

 

 

 

11.

Discussion of Items of Business not on the Agenda

 

There were no Items of Business for discussion.

 

Mike Mohi closed the meeting with a karakia.

 

Closure:

There being no further business the Chairman declared the meeting closed at 3.33pm on Wednesday, 31 October 2018.

 

Signed as a true and correct record.

 

 

 

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