Agenda of Hawke's Bay Drinking Water Governance Joint Committee

Meeting of the Hawke's Bay Drinking Water Governance Joint Committee

Date: Thursday 11 April 2019

Time: 1.00pm

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. Confirmation of Minutes of the Hawke's Bay Drinking Water Governance Joint Committee held on 7 November 2018

Information or Performance Monitoring

4. Call for Items of Business Not on the Agenda 3

5. Regional and National "Three Waters" Reviews 5

6. Update on CHB Water Issues 9

7. Update on HBRC TANK Plan Change Drinking Water Safety Provisions and the Development of Source Protection Zones 11

8. Joint Working Group Activities Update 13

9. Discussion of Minor Items Not on the Agenda 41

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 11 April 2019

Subject: Call for Items of Business Not on the Agenda

Reason for Report

1. Standing order 9.13 allows

“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.”

Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002 with regard to consultation and decision making.”

Recommendations

That the Hawke’s Bay Drinking Water Governance Joint Committee accepts the following “Minor Items of Business Not on the Agenda” for discussion as Item 9.

Topic	Raised by

Annelie Roets

GOVERNANCE ADMINISTRATIVE ASSISTANT

James Palmer

CHIEF EXECUTIVE

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 11 April 2019

Subject: Regional and National "Three Waters" Reviews

Reason for Report

1. This item informs the Joint Committee on the regional Three Waters (service delivery) review process, as well as the related Central Government work programme.

Background Summary

2. Central Government is investigating options to improve the management of drinking water, stormwater and wastewater (three waters) to better support New Zealand’s prosperity, health, safety and environment. Local Government Minister Nanaia Mahuta has announced a reform programme to transform drinking, storm and wastewater. It is focused on the challenges facing the sector, including funding pressures, rising environmental standards, climate change, seasonal pressure from tourism, and the recommendations of the Havelock North Inquiry. The review is in its second stage.

2.1. Stage One – This stage explored the issues and opportunities with three waters services by gathering and analysing information. This was completed at the end of 2017.

2.2. Stage Two – This stage commenced in March 2018. It is looking at options for improving the three waters system, including the management, service delivery, funding, and regulatory arrangements.

3. Central government has advised that they will work closely with councils, Iwi and all stakeholders with an interest in three waters services in order to develop options and recommendations.

4. There is an opportunity to provide the Hawke’s Bay’s perspective into the Central Government review developing options to address the key concerns about how to improve the management of drinking water, storm water and wastewater (Three Waters) to better support our community’s prosperity, health, safety and environment.

5. The Minister has advised she is supportive of our region’s proposal to complete this review and how it may be adopted as part of the wider government review.

6. The purpose of the Hawke’s Bay review is to have developed recommendations for regional performance improvements to our Three Waters systems to help guide Central Government’s thinking to deliver:

6.1. Safe, NZDWS compliant and reliable drinking water

6.2. Better environmental performance for our water services

6.3. Efficient, sustainable, resilient, and accountable water services

6.4. Achieving these aims in ways that are efficient and effective for our communities.

7. This review will need to address the following challenges for our water systems and communities:

7.1. Meeting community expectations for each of the Three Waters across quality, treatment and management

7.2. Meeting regulatory requirements for the Three Waters for quality, treatment and management

7.3. The ability to replace infrastructure as it ages, and or fund and manage new infrastructure to meet changing customer and regulatory requirements.

7.4. Declining rating bases in some areas, high growth in others

7.5. High seasonal demand in small tourism centres

7.6. Adapting for climate change and adverse natural events.

8. The review will identify and develop options for structure and governance models that:

8.1. Develop and confirm ‘Key Principles’ of approach that are shared and agreed by the respective councils

8.2. Identify service and delivery model opportunities through joint provision of all or some elements of the Three Waters services including clustering of sub-regional entities using a model flexible enough to include private water suppliers in future.

8.3. Develop strategic capacity and resilience across the water network

8.4. Provide excellence in strategic and management capability to ensure safe, secure efficient drinking water, wastewater and stormwater service outcomes to our communities.

8.5. Provide economic value and be able to demonstrate how well and why the identified models meet each of the objectives including benefits analysis, cost of service delivery, funding requirements, how fees and charges are levied and where the costs are distributed, and processes.

8.6. Provide capital efficiency for current and future Three Waters assets

8.7. Deliver operational and maintenance excellence through the most effective service delivery model

8.8. Improve customer service

8.9. Provide greater environmental, community and cultural focus

8.10. Recommend the next steps to enable the entire objectives to be met including a programme and cost/resource estimates to do this, transition plans/costs and timetables for such a transition.

9. Hawke’s Bay Regional Council’s service delivery functions of drainage and flood protection are not in the scope of this review, however, the involvement of HBRC will keep HBRC informed of possible direction of Three Waters delivery in Hawke’s Bay. This is important in managing the interface between territorial authority and Regional Council drainage and stormwater schemes. It is also valuable for the Regional Council to be involved given its interests as regulator of Three Waters and the natural resources this infrastructure interacts with.

10. The review will be outsourced to an external consultancy to deliver the report, however the will be a moderate resourcing impact on council staff to provide information to complete the analysis and participate in workshops throughout the review process. The successful bid for the project was from Morrison Lowe supported by WSP Opus.

11. This option is considered the lowest strategic risk option. This option would contribute the Hawke’s Bay regional perspective into the Central Government review on how we can improve the management of drinking water, storm water and wastewater (Three Waters).

12. This review demonstrates our commitment to making sustainable investment in durable infrastructure that promotes smart growth and ensures we are environmentally responsible.

13. The review will contribute towards meeting our statutory responsibilities through better territorial authority asset management and performance, and ultimately compliance.

Iwi Engagement

14. Māori advisory representatives contributed to the creation of criteria to assess experience in cultural competency as part of the procurement process.

15. Iwi Engagement will be guided and led by Troy Brockbank of WSP Opus. Troy is currently a tech advisor for Te Rarawa Iwi, deputy chairman of the Water NZ Stormwater committee and member of Ngā Aho, the Māori design panel.

16. Māori Committee Chairs and Council Senior Māori advisors were invited to a workshop of 21 January 2018 to contribute to the Key Objectives and Principles of the study.

17. Further engagement with HBRC is being scheduled for February to identify key objectives principles and values for the review:

17.1. What is important regionally to Iwi & Māori?

17.2. What are the problems or opportunities we are trying to address?

17.3. What are the key issues for Iwi & Māori?

17.4. What benefits are we seeking to gain for the region?

17.5. What are the risks and issues for the region?

17.6. What are the key issues for Iwi & Māori?

17.7. What are the key values/criteria to assess any options against?

18. The project will be delivered in a structured series of phases to allow us to deliver our Hawkes Bay regional contribution to the Central Government led review of Three Waters by June 2019.

Phase 1 – Project initiation	December 2018 – January 2019
Phase 2 – Stocktake of current situation	January – February 2019
Phase 3 – High level review of options	January – March 2019
Phase 4 – Analysis of shortlist	March – April 2019
Phase 5 – Challenge workshop	April 2019
Phase 6 – Final report	May 2019

Decision Making Process

19. 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.

Recommendations

That the Hawke’s Bay Drinking Water Governance Joint Committee receives and notes the “Regional and National “Three Waters” Reviews” staff report.

Authored by: Approved by:

Toni Goodlass

HB LASS Programme Manager

Liz Lambert

Group Manager Regulation

Attachment/s

There are no attachments for this report.

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 11 April 2019

Subject: Update on CHB Water Issues

Reason for Report

1. To provide an update on the activities of the district council in Central Hawke’s Bay specifically relating to drinking water in Tikokino and Ongaonga.

Background

2. In July 2018 CHB residents Bill Stevenson and Catherine Hobbs-Turner presented to the Hawke’s Bay Regional Council on the history of the issues with groundwater levels in Tikokino and Ongaonga going back to 2003. Discussions covered:

3. Discussions included the potential impact of water consents on domestic bore supplies in the two townships and the management of HBRC’s consenting process to take these into account. The residents were seeking long-term solutions to their issues.

Survey of residents

4. Central Hawke’s Bay District Council has undertaken a survey of households in the two townships as part of their investigation of the security of private supplies for the residents.

5. 150 residents were invited to complete the survey. Questions were asked about the type and status of residents’ supplies, if they have experienced issues and if they have taken steps to mitigate issues, etc.

6. 40% of residents responded and the key findings show that:

6.1. 87% of respondents stated that they did have a bore as a primary supply.

6.2. Of those with a bore, 60% stated they have experienced issues with loss of their supply in dry months

6.3. The majority of those that have experienced issues with their supply have a surface pump only

6.4. The majority of those that have experienced issues with their supply have installed some alternate means of supply (e.g. a tank)

7. Following closing of the survey CHBDC heard anecdotally that those who have not had issues with their supply chose not to complete the survey. This means that the figures set out above potentially overstate the total proportion of affected people

8. Following the survey results, the CHB Water Taskforce agreed that the seemingly low number of residents who may still have an issue with their supply security will be dealt with on an individual basis and first and foremost to put each resident in touch with the Regional Council’s grant scheme.

9. Further discussion is now required as some of the affected community members feel that they should not have to pay in any way to maintain their existing supply that they feel has been compromised due to HBRC over-allocation of the aquifer resource

10. This topic therefor requires further discussion at the taskforce with HBRC to confirm its intended involvement going forward to support the Onga-Tiko residents.

Decision Making Process

11. 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 Hawke’s Bay Drinking Water Governance Joint Committee receives and notes the “Update on CHB Water Issues” staff report.

Authored by:

Malcolm Miller

Manager Consents

Approved by:

Liz Lambert

Group Manager Regulation

Attachment/s

There are no attachments for this report.

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 11 April 2019

Subject: Update on HBRC TANK Plan Change Drinking Water Safety Provisions and the Development of Source Protection Zones

Reason for Report

1. To provide an update on the development of drinking water Source Protection Zones for inclusion in the Regional Council’s TANK (Tutaekuri, Ahuriri, Ngaruroro and Karamu catchments) plan change, and the anticipated timeframes associated with the plan change.

Source Protection Zones

2. Since the SPZ’s were reported to the Governance Joint Committee in November of last year there has been substantial work undertaken by the HBRC hydrogeologists in the development of the numerical model. The findings of the numerical model were subsequently presented to GNS for peer review.

3. GNS have concluded that the ‘modelling approach adopted by HBRC for delineating the SPZ’s for the four Hastings bore-fields is considered appropriate and represents an advance on the initial work by Tonkin and Taylor in that it accommodates more of the complexity of groundwater flow system, and in particular the groundwater flow directions and gradients’.

4. The GNS report was presented and discussed at the JWG meeting on the 12 March, and received in principle support. HDC noted that there was further reporting due back from GNS to complete their assessment. At the time of writing this paper the report had not yet been completed. It is anticipated that a complete overview of the GNS report will be presented at the next Committee meeting.

5. A further point of discussion was around the ability to apply a flexible approach to policy which followed on from the recommendations made by Tonkin and Taylor. T&T considered that a flexible approach would allow for changes to groundwater conditions which may affect the extent of the SPZ to be considered. An example of this has been adopted by Environment Canterbury in their Land and Water Plan. The JWG supported HBRC in speaking with Environment Canterbury to discuss and consider the legal advice which supported their approach.

6. HBRC staff have pursued this through discussion with Environment Canterbury planners and have been advised that no specific legal advice in respect of the SPZ maps was sought. Nor was this approach challenged through the planning process. As a consequence should this option still be desirable for adoption within the TANK plan HBRC will need to seek independent legal advice to determine whether the SPZ maps can be held within a GIS system available to both applicants and the consents team in their determination of consents within the identified source protection zones, rather than held within the TANK plan itself.

TANK Plan Change (PC9)

7. At their meeting on the 19 December the Regional Council agreed to commence pre-notification consultation with affected iwi authorities, Territorial Local Authorities and the Minister for the Environment no earlier than 18 January 2019. Letters seeking comments and feedback from the pre-notification parties were sent on the 1 February 2019, supported by copies of the draft TANK Plan (version 8), draft implementation plan and information brochure. Parties were requested to provide feedback no later than the 15 March, however a request was received from Hastings District Council seeking an extension. This extension was discussed at the Regional Planning Committee on the 20 February and was accepted. The pre-notification parties were contacted by email on 26 February to notify them of the extension date of 29 March 2019.

8. A number of responses have been received, in particular from Napier City Council, Hastings District Council and iwi authorities. The content of these responses has yet to be considered.

9. In terms of next steps the intention is to review and consider the feedback and report this back to the Regional Planning Committee. Staff will present a summary of the feedback to the RPC at their meeting on the 15 May. As a consequence of the comments received staff will determine whether any further amendments or substantive changes are required to be made to the draft TANK plan.

10. It should be noted that the comments and feedback received from iwi authorities will also be included within the s32 evaluation, as to whether appropriate regard has been given to their views within the plan. If the changes to the draft Plan are significant further pre-notification consultation may be required with iwi specifically.

11. The timeline for notification of the TANK plan is at this stage not a fixed date, but it is anticipated that the Plan will be notified later this year.

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 Hawke’s Bay Drinking Water Governance Joint Committee receives and notes the “Update on HBRC TANK Plan Change (PC9) Drinking Water Safety Provisions and the Development of Source Protection Zones” staff report.

Authored by:

Ceri Edmonds

Manager Policy and Planning

Malcolm Miller

Manager Consents

Approved by:

Liz Lambert

Group Manager Regulation

Tom Skerman

Group Manager Strategic Planning

Attachment/s

There are no attachments for this report.

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 11 April 2019

Subject: Joint Working Group Activities Update

Reason for Report

1. To provide an update on the Joint Working Group’s (JWG) activities and work plan.

Background

2. The JWG continue to progress the priority actions in its work plan as follows:

2.1. A Comms workshop was held on the 14 March to discuss the joint communication approach from the Councils, DHB and Iwi. To date draft protocols have been circulated for comment and will be discussed further with the intention of adoption at the next scheduled JWG meeting.

2.2. The Arsenic Information Sharing Protocol is also currently being developed. This is currently in draft and will be presented back to the JWG at their next meeting.

2.3. It is intended that each council present their Water Safety Plans (WSP) to the JWG for discussion. To date only Napier City Council have presented their WSP (1 November 2018). The delay for this has largely been due to commitment by the JWG to the DIA, Ministry of Health and MfE Three Waters Workshop. It is intended to recommence these presentations at the next JWG meeting.

2.4. As noted above the DIA, MfE and Ministry of Health held a workshop on the 15 March to discuss the proposed Three Waters regulation. Members from the JWG were in attendance at this meeting. The content of the workshop is attached for your information. Please note that this is not Government Policy.

2.5. A special JWG was held on the 18 March to further discuss the workshop and to consider the content for a joint submission to the DIA, MfE and Ministry of Health on the proposed Three Waters regulation. At the time of writing this report the submission was in preparation. A verbal update will be provided at the meeting as this is due to be submitted by the 8 April.

2.6. The DHB advised they are currently updating their public health resources. The JWG will be assisting with the technical content, providing peer review and ongoing support as it is intended that the publications will be co-branded between the DHB and councils.

Decision Making Process

3. 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 Hawke’s Bay Drinking Water Governance Joint Committee receives and notes the “Joint Working Group Activities Update” staff report.

Authored by:

Ceri Edmonds

Manager Policy and Planning

Malcolm Miller

Manager Consents

Approved by:

Liz Lambert

Group Manager Regulation

Tom Skerman

Group Manager Strategic Planning