Minutes of Regional Planning Committee - Wednesday, 1 September 2021

1. Welcome/Karakia /Apologies/Notices

Te Pou Whakarae, Pieri Munro opened the meeting with a karakia.

The Chair welcomed everyone to the meeting, noting the apologies for absence received from Tania Hopmans and Peter Paku.

2. Conflict of Interest Declarations

Tania Huata declared a conflict of interest in relation to Item 7 Proposed Plan Change 7: Outstanding Water Bodies - Overview and resolution of Appeals as a trustee of Owhaoko C Trust, a submitter on the Outstanding Water Bodies Plan Change 7.

No further conflicts of interest were declared.

The Quorum was lost at 10.10am and therefore the Committee agreed to discuss Information items only whilst waiting for the Quorum to be established to enable the meeting to resume.

Follow-ups from previous Regional Planning Committee meetings

The item was taken as read.

A query was raised about tangata whenua conflicts of interest and advice sought by the Hearings Committee on wording for the Terms of Reference to clarify circumstances when mana whenua would be precluded from participating on a Hearing Panel. Some advice has been provided and staff are in the process of seeking legal advice to ensure the updated Terms of Reference are written in a way that can withstand potential challenge.

5.	Call for Minor Items not on the Agenda
	No minor items were raised for discussion.

10.

September 2021 Policy Projects update

Ceri Edmonds introduced the item noting significant activity has taken place since the last update, including:

· Plan Change 7 Outstanding Water Bodies decisions have been notified, the appeals period closed and the four appeals received will now proceed through the Environment Court processes which include mediation and formal court hearings if necessary.

· Kate McArthur and Bonny Hatami will provide an update on the Māori led Mohaka Catchment Policy Development workstream .

· TANK Plan Change continuation of Hearings is scheduled on 27 September 2021.

· Awaiting decisions on the Water Conservation Order (WCO) application.

Mike Mohi joined the meeting at 10.17am

11.	September 2021 Statutory Advocacy update
	Ceri Edmonds introduced the item , with discussions highlighting: · Council has made a submission on the exposure draft of the Natural and Built Environments Act (Te Oranga o te Taiao), which will replace the Resource Management Act along with the Strategic Planning Act and Climate Change Adaptation Act, focussed on Hawke’s Bay and the Regional Planning Committee · HBRC will lodge submissions on Napier City Council’s draft District Plan and Spatial Picture before the submission closing date of 17 September. · An HBRC submission was lodged on 6 August 2021, on the Central Hawke’s Bay District Plan Review.
Councillor Charles Lambert joined the meeting at 10.24am Quorum was achieved and the meeting established at 10.24am.
	· Council submitted to the Te Awa subdivision application to Napier City Council in relation to risks of having only one evacuation route and highlighted the tsunami risk as there isn’t sufficient ‘teeth’ in the Regional Policy Statement to halt further development in high risk, low lying coastal areas which will be the subject of a submission to the NCC spacial picture and district plan · James Palmer advised he is presenting the LGNZ submission to Resource Management reform tomorrow, on behalf of Local Government in relation to local decision making and participation.

Freshwater Management Units

Ceri Edmonds introduced the item, which is an updated version amended as a consequence of a workshop held with tāngata whenua on 24 August 2021. Discussions traversed:

· The preformed ideas of what FMUs should be created unease and tension amongst tāngata whenua and so it is proposed to identify and explore values first before setting the FMUs. It is proposed that two Wharekorero hui be coordinated by tāngata whenua, for the 23 marae to formally identify their values for FMUs, before the boundaries are set.

· By restructuring the work program this way it is intended to better reflect the principles of both the NPSFM 2020 and Te Mana o te Wai.

· It is proposed that the work programme for Kotahi is restructured to allow all parties time to first explore and identify values within catchments before setting the FMU boundaries.

RPC21/21

Resolutions

That the Regional Planning Committee defers making a decision on Freshwater Management Units (FMU) boundaries, as recommended by the tāngata whenua representatives, to allow staff and tāngata whenua time to identify values within catchments.

Tapine/Barker

CARRIED

Proposed Plan Change 7: Outstanding Water Bodies - Overview and resolution of Appeals

Belinda Harper, Senior Policy Planner, introduced the item which was taken as read. Discussions highlighted:

· The Independent Hearing Panel released their decisions on proposed Plan Change 7 on 26 June 2021 and Appeals on submissions closed on 6 August 2021. Three 3 appeals on a variety of matters received and will now proceed through the Environment Court processes

· Staff seeking delegation to CE to settle appeals through a mediation process if it is possible to do so

· Standard practice to delegate staff to settle appeals through mediation, and those attending Environment Court directed mediation should have delegation to be able to settle matters there and then

· Parameters for settling would be guided by Policy positions agreed and decisions made by the Committee to date and test proposed agreements against those

· If mediation agreement is consistent with the Policy intent of the RPC, then the CE would agree to what is mediated and if contrary would not agree and refer matters on to the Environment Court.

· Staff to ensure current Terms of Reference for the Committee are in Stellar library.

· Potential to meet with RPC Co-Chairs to discuss issues and set parameters prior to mediation.

· CE comfortable that the provisions of the plan change were thoroughly tested through the processes undertaken to get to this stage and suggested that mediation provides the opportunity to settle some issues at the margins but that substantive matters will need to be decided by the Court.

RPC25/21

Resolutions

1. That the Regional Planning Committee receives and notes the “Proposed Plan Change 7: Outstanding Water Bodies – Overview and Resolution of Appeals” staff report.

2. The Regional Planning Committee recommends that Hawke’s Bay Regional Council delegates, in accordance with s34A of the Resource Management Act:

2.1 To the HBRC’s Chief Executive Officer, or appointed legal counsel for Plan Change 7 appeal proceedings, the authority to sign on behalf of Council, any negotiated agreement or mediated agreement relating to an appeal against Proposed Plan Change 7 to the Regional Resource Management Plan (RRMP) generally in accordance with an agreed position determined in liaison with the Co-chairs of the Regional Planning Committee prior to mediation commencing.

Tapine/Lambert

12 For, 2 Against

1 abstained

CARRIED

Verbal Update on the Mohaka Plan Change Process

Ceri Edmonds introduced Kate McArthur, Duane Culshaw, and Bonny Hatami as part of the Team progressing the workstream. The presentation on the tangata whenua workstream and discussions traversed:

· Brief history of the process including a hui in August 2020 which set the pou or tenets of the work and how it will be undertaken

· The tangata whenua Mohaka Freshwater Plan project team consists of Bonny Hatami & Duane Culshaw (Ngāti Pāhawera Development Trust), Vanessa Tipoki (Kāhu Environmental), Beverley Hughes, Kathryn Gale (Scientist), and Kate McArthur (KM Water)

· Te Mana o te Wai is the fundamental concept for Freshwater Management and provides a prioritised way to look at freshwater; first priority being to protect the water, its ecology, health and mauri; secondly to provide essential human health needs such as drinking water; and lastly provide for other consumption that does not adversely impact the mauri of the water

· Policy to incorporate the 6 principles of Mana whakahaere, Kaitiakitanga, Manaakitanga, Governance, Stewardship, and Care & respect

· Eight step Plan process for implementing the NPS for Freshwater Management that actively involves and works collaboratively with mana whenua at every step

· Fully independent mana whenua team and process working collaboratively with the HBRC planning team through five phases

· Phase 1 will look at Freshwater Management mechanisms available to implement, Mohaka Pou (foundations), te mana o te wai, long term visions, tāngata whenua values and environmental outcomes associated with those values

· Phase 2 will include state of the Takiwā, attributes, targets and limits, and communicating the outcomes

· Phase 3 – Regional Policy Statement and Plan objectives, Mohaka Plan drafting and s32 report

· Phase 4 – Review of MFP as a whole, negotiating the hard stuff, and bringing together an agreed Plan for notification

· Phase 5 – Implementation and monitoring, to make it work for the people who live there

· Mohaka Tangata Whenua Leaders Rōpū hui in Taupō provided a mandate for collective tangata whenua involvement and will review and approve each stage of the mahi, including 3 major reports, as well as support and champion the project team and project outputs

· Partnership model, weaving together the work strands with shared decision-making.

· Project plan reflects the two workstreams – mana whenua and the general community – and where they come together, and will be uploaded to Stellar along with today’s presentation.

Initial Draft of Regionally Significant Issues

Ceri Edmonds introduced the item which was taken as read. Discussions highlighted:

· Regionally significant issues will be included in the Regional Policy Statement (RPS) section of Kotahi

· Currently in draft and subject to ongoing conversations with the community

· The effects of climate change permeate all aspects of our future and need to be recognised throughout the revised RPS

· The importance of working in partnership with tāngata whenua to be woven throughout the RPC and Kotahi

· Suggestion made that sedimentation is significant enough to be separated into its own issue

· Consider cross referencing issues to the four well-beings

· Te Mana o Te Wai - first priority to the health and mauri of freshwater

· Through RPC and spatial planning – how to design a carbon neutral region

· Opportunity, through one integrated plan, to increase focus on marine and coastal areas.

RPC27/21

Resolution

The Regional Planning Committee receives and notes the “Initial Draft of Regionally Significant Issues” staff report, and acknowledges that staff will continue to develop the Regionally Significant Issues and revise these as appropriate through development of Kotahi.

Barker/Maihi-Carroll

CARRIED

12.

Verbal Strategic Snapshot update in relation to Central Government Freshwater and RMA Reform; NES & NPS Implementation

13.

Verbal Update on Future of Local Government

James Palmer introduced the combined items. Discussions traversed:

· Nationwide focus on Water Reform, implementation of freshwater and three waters reforms. Government made amendments in 2020 to the National Policy Statement (NPS) to accelerate the timeframe to notify freshwater plan changes by December 2024.

· Resource Management Act to be replaced by Natural and Built Environments Act (Te Oranga o te Taiao), Strategic Planning Act and Climate Change Adaptation Act

· Critical for this committee to understand that the package of RMA reforms is premised on a different approach to the preparation of regional plans

· A Regional Spatial Strategy and Combined Regional Plan will form the basis of the ‘new’ planning framework, which currently sit under jurisdiction of the Regional Planning Committee. Intent of government to create joint committees for both, that would involve representation of tāngata whenua, Local Authorities and Central Government

· Not yet clear how the RPC and Council will feed into these processes

· Government intends to undertake a pilot project for the new planning system, and Mayors and CEs considering whether Hawke’s Bay should ‘bid’ to be a pilot region through the upcoming MfE ‘expression of interest’ process.

· A request was made for a 1-page summary document around discussions today to be circulated to the PSGEs – to give PSGEs time to prepare and collaborate on a regional model

· Pieri Munro to initiate discussions between Rick Barker and James Palmer with PSGEs around a potential Hawke’s Bay pilot that is in partnership with PSGEs.

Pieri Munro offered a karakia to close the meeting.

Closure:

There being no further business the Chair declared the meeting closed at 12.48pm on Wednesday, 1 September 2021.

Signed as a true and correct record.

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