|
Recommendations
1. That the Regional Planning Committee:
1.1. Receives and considers the “Proposed TANK Plan Change 9
– Agree Amendments for Notification” staff report.
1.2. Agrees to the amendments described in this report being
incorporated the amended Tables 1, 2 ,3, 4, 5b, 6, 7, 8, 9, 10, into the proposed
TANK Plan Change 9 as proposed, as Draft Plan Change version 9.3 and
incorporated into the Section 32 report.
1.3. Requests that staff prepare Proposed Plan Change 9 and complete
the Section 32 report according to the amendments as noted in 1.2 above and
subject to amendments identified by the Section 32 peer reviewer.
2. The Regional Planning Committee recommends that Hawke’s Bay
Regional Council:
2.1. Adopts the draft TANK Plan Change 9, as amended, as Proposed Plan
Change 9 to the Regional Resource Management Plan for notification at the
meeting on 25 September 2019.
2.2. Makes the Section 32 report available for public inspection when
the Proposed Plan Change 9 is notified.
Dick/Mohi
Tania Hopmans moved an amendment, seconded by Apiata Tapine, being:
1. That the Regional Planning Committee:
1.1.
Receives and considers the “Proposed
TANK Plan Change 9 – Agree Amendments for Notification” staff
report. (unchanged)
new
1.2.
Agrees to the amendments set out following, as
a, b and c tabled by Tangata Whenua, being incorporated into Draft Plan
Change version 9.3 and into the TANK Plan Change 9 Section 32 report.
(a) Amend Policy 34B(a) of PC9 [ver 9.3] to read:
Adopt
an interim groundwater allocation limit of 80 M m3/year
(b) Amend rule TANK9 by deleting b(ii) following:
(ii) stream flow enhancement
(c) Amend Table 53 “Social and Cultural” of TANK Plan Change 9 section 32 report to
read:
“It
is acknowledged however, that tāngata whenua representatives have stated
their opposition to Stream Flow Maintenance Schemes through the taking of
groundwater to supplement stream flows. concerns with the ability of this
approach to In addition, tāngata whenua have serious concerns about
the likelihood of those scheme to effectively mitigate the stream depletion
effects of groundwater takes on their cultural values. For these
reasons, tāngata whenua maintain the inclusion of Stream Flow Maintenance
Schemes in this plan must be a temporary and short-term mechanism that
reflects the uncertainties with the long-term sustainability of the interim
groundwater allocation limit of 80Mm3/year.”
1.3.
Requests that staff prepare Proposed Plan
Change 9 and complete the Section 32 report according to the amendments as
noted in 1.2 above and subject to amendments identified by the Section 32
peer reviewer [as tabled at this meeting of the Regional Planning Committee].
(unchanged)
2.
The Regional Planning Committee recommends
that Hawke’s Bay Regional Council:
2.1.
Adopts the draft TANK Plan Change 9, as
amended, as Proposed Plan Change 9 to the Regional Resource Management Plan
for notification at the meeting on 25 September 2019. (Unchanged)
2.2.
Makes the Section 32 report available for
public inspection when the Proposed Plan Change 9 is notified. (Unchanged)
new
2.3.
Notes the statements tabled by the
Tāngata Whenua at this hui.
Hopmans/Tapine
8 For: 9 Against
LOST
The meeting adjourned at 3.00pm and reconvened at 3.30pm
The amendment was LOST, and the substantive motion put.
1. That the Regional Planning Committee:
1.1. Receives and considers the “Proposed TANK Plan Change 9
– Agree Amendments for Notification” staff report.
1.2. 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 to the proposed TANK Plan Change 9 being
incorporated into proposed Draft Plan Change version 9.3 and 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
|
|
Issue
|
Amendments
|
Risk and Opportunities
|
|
1
|
The stream flow maintenance scheme does not fully
remedy impacts on mauri or reflect tikanga or matauranga Māori.
|
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
|
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
|
|
2
|
Staged (or interim) approach to management
|
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.
|
Policy 34 more clearly describes the steps being used
to develop sustainable groundwater allocation management for Heretaunga
Plains groundwater.
|
|
3
|
The re-allocation of water based on the defined
‘actual and reasonable’ assessment.
|
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
|
Existing investment is provided for, although is more
constrained than previously to drive more efficient water use and
management systems.
|
|
|
|
|
|
|
|
Issue
|
Amendments
|
Risk and Opportunities
|
|
4
|
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
|
If there is unallocated water it is left unused to
provide additional protection for ecosystem values.
Policy 43 deleted. Policy 34B and 47
|
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
|
|
5b
|
No specific allocation limit be included but the
combination of actions relied on to prevent new allocations and reduce
current allocations
|
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
|
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.
|
|
6
|
Prohibited activity for new water uses
|
Non-complying rule now made prohibited and no consent
can be applied for.
|
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.
|
|
7
|
The outcomes from stream flow maintenance and habitat
enhancement scheme development and operation are more clearly provided for
|
Provides more clarity about obligations and
expectations in respect of the design and operation of such schemes
Policy 36 and new Schedule 11
|
Enables both flexibility and innovation while
establishing minimum requirements.
|
|
8
|
Further direction included about how success of the
stream flow maintenance and habitat enhancement scheme would be assessed.
|
Assessment criteria included in the policy and
reflected in monitoring requirements for the schemes
New Policy 37 and Schedule 11
|
Provides more clarity in relation to expectations and
performance.
|
|
9
|
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).
|
The clause has been removed. More targeted
amendment to Rule TANK 7.
|
The provision was not intended allow new development
but to protect existing authorised commitments to water use. It has very
limited application.
|
|
10
|
The development of the stream maintenance schemes
needs to be in advance of water permit expiry
|
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.
|
Provides more clarity for consent applicants.
|
1.3. Requests that staff prepare Proposed Plan Change 9 and complete
the Section 32 report according to the amendments as noted in 1.2 above and
subject to amendments identified by the Section 32 peer reviewer.
2. The Regional Planning Committee recommends that Hawke’s Bay
Regional Council:
2.1. Adopts the draft TANK Plan Change 9, as amended, as Proposed Plan
Change 9 to the Regional Resource Management Plan for notification at the
meeting on 25 September 2019.
2.2. Makes the Section 32 report available for public inspection when
the Proposed Plan Change 9 is notified.
Dick/Mohi
1 Against; 1 Abstained
CARRIED
|
