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Resolutions
That
Hawke’s Bay Regional Council:
1. Receives
and accepts the Report and resolutions from the
Regional Planning Committee, including:
1.1. Agrees to all the additions and amendments made to Version 9 of the Plan as reported to the 3 July 2019 Regional
Planning Committee meeting, changes to Objectives 2
and 15 as follows, the amendments described in Table 1 [following], and consequential amendments, into the
proposed TANK Plan Change 9 as proposed, as Draft Plan Change version 9.3 and
incorporated into the Section 32 report.
1.1.1. Objective
2- Amend clause (e) to read:
“The
significant values of the outstanding water bodies in schedule 25 and the
values in the plan objectives are appropriately protected and provided for.
1.1.2. Objective
15
Insert new
clause “(f) the protection of the outstanding values of the Kaweka
Lakes, Lake Poukawa and Pekapeka Swamp and the Ngamatea East Swamp”.
1.1.3. Table 1: List of issues and amendments
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Issue
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Amendments
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Risk and Opportunities
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1
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The stream flow maintenance scheme does not fully
remedy impacts on mauri or reflect tikanga or matauranga Māori.
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Adverse effects of groundwater abstraction on
mātauranga Māori and tikanga clearly acknowledged in Policy 34 as
over-riding concern.
Section 32 report to reflect nature of these concerns
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Tangata whenua concerns may not be fully addressed by
the Plan – but plan review process will enable reassessment about the
extent to which adverse effects are to be further avoided or remedied and
mitigated
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2
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Staged (or interim) approach to management
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Policy 34 amended to describe components of staged
management approach and new Policy 34 B describes allocation regime.
Policy 39 for review remains with amendments to
clarify what is being assessed.
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Policy 34 more clearly describes the steps being used
to develop sustainable groundwater allocation management for Heretaunga
Plains groundwater.
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3
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The re-allocation of water based on the defined
‘actual and reasonable’ assessment.
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Allocation for new water use is avoided as
re-allocation is only in respect of existing permits and defined
‘actual and reasonable’ assessment. An exception for urban
takes who have to meet planned urban development (HPUDS) within existing
allocations.
Policy 34B and 35 and 45
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Existing investment is provided for, although is more
constrained than previously to drive more efficient water use and
management systems.
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4
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Any water that is unallocated, even if the total
allocation is less than the specified limit, would not be re-allocated to any
use until a review had been carried out- a sinking lid approach
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If there is unallocated water it is left unused to
provide additional protection for ecosystem values.
Policy 43 deleted. Policy 34B and 47
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Policy 45 previously allowed for re-allocation to
urban use. Urban use must meet future demand within existing limits and
through efficiency gains.
Avoids further investment into water that might need
to be clawed back if the allocation limit is further reduced
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5b
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No specific allocation limit be included but the
combination of actions relied on to prevent new allocations and reduce
current allocations
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Combination of other provisions means limit is
provided by preventing any new allocation of water to actual and reasonable
and otherwise managing the HPs aquifer as over-allocated until review of
plan provisions carried out
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This more accurately reflects the uncertainties about
the sustainable allocation limit and the impacts on water abstraction
resulting from any changes beyond those already modelled.
This also reflects the strong commitment for review
of all aspects of water management for the aquifer because of the nature of
the uncertainties and the significant potential costs and benefits
associated with this decision.
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Issue
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Amendments
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Risk and Opportunities
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6
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Prohibited activity for new water uses
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Non-complying rule now made prohibited and no consent
can be applied for.
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Prohibited provides greater level of control and
better reflects concerns about the current level of allocation.
Enables further over-allocation to be prevented. Avoids risk of
allowing additional minor takes to add to the cumulative effects of all
water takes.
New water uses will rely on transfer of existing
allocated water (subject to some limitations on site to site transfers).
Risk that a future water use that might be
contemplated in exceptional circumstances cannot be applied for.
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7
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The outcomes from stream flow maintenance and habitat
enhancement scheme development and operation are more clearly provided for
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Provides more clarity about obligations and
expectations in respect of the design and operation of such schemes
Policy 36 and new Schedule 11
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Enables both flexibility and innovation while
establishing minimum requirements.
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8
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Further direction included about how success of the
stream flow maintenance and habitat enhancement scheme would be assessed.
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Assessment criteria included in the policy and
reflected in monitoring requirements for the schemes
New Policy 37 and Schedule 11
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Provides more clarity in relation to expectations and
performance.
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9
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Concern that new clauses about constraints for
developing large infrastructure over time creates a loophole for new use.
(V9.1; Policy 34 Clause (h)(v).
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The clause has been removed. More targeted
amendment to Rule TANK 7.
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The provision was not intended allow new development
but to protect existing authorised commitments to water use. It has very
limited application.
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10
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The development of the stream maintenance schemes
needs to be in advance of water permit expiry
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The implementation plan needs to be more explicit
about council’s role in making sure the schemes are able to be
developed and rolled out as consents expire and new applications are made.
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Provides more clarity for consent applicants.
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1.2. Requests that staff prepare Proposed Plan Change 9 and complete
the Section 32 report according to the amendments as noted in 1.1 above and
subject to amendments identified by the Section 32 peer reviewer.
Substantive Motion being:
That Hawke’s
Bay Regional Council:
1. Receives
and accepts the Report and resolutions from the
Regional Planning Committee
2. 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.
Proposed
TANK Plan Change 9 Adoption for Notification
3. Adopts Proposed Plan Change 9 to the Regional Resource Management
Plan, incorporating amendments agreed by the Regional Planning Committee on
18 September 2019 (1.1 above), for notification.
4. Makes the Section 32 report available for public inspection when
the Proposed Plan Change 9 is notified.
Dick/Barker
CARRIED
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