Agenda of Regional Planning Committee - Wednesday, 20 October 2021

Meeting of the Regional Planning Committee

Date: Wednesday 20 October 2021

Time: 11.00am

Venue:

Virtually via Zoom

Agenda

Item Title Page

1. Welcome/Karakia/Notices/Apologies

2. Conflict of Interest Declarations

3. Confirmation of Minutes of the Regional Planning Committee held on 1 September 2021

4. Follow-ups from Previous Regional Planning Committee Meetings 3

5. Call for Minor Items Not on the Agenda 7

6. Regional Planning Committee Tangata Whenua Co-Chair

Information or Performance Monitoring

7. Regional Planning Committee work programme for Kotahi 9

8. October 2021 Policy Projects Update 17

9. October 2021 Statutory Advocacy Update 23

10. Verbal Update on Central Government Programme of Reforms

11. Discussion of Minor Matters Not on the Agenda 29

Parking

There will be named parking spaces for Tangata Whenua Members in the HBRC car park – entry off Vautier Street.

Regional Planning Committee Members

Name	Represents
Karauna Brown	Te Kopere o te Iwi Hineuru
Tania Hopmans	Maungaharuru-Tangitu Trust
Tania Huata	Ngati Pahauwera Development and Tiaki Trusts
Nicky Kirikiri	Te Toi Kura o Waikaremoana
Allana Hiha	Mana Ahuriri Trust
Mike Mohi	Ngati Tuwharetoa Hapu Forum
Liz Munroe	Heretaunga Tamatea Settlement Trust
Peter Paku	Heretaunga Tamatea Settlement Trust
Apiata Tapine	Tātau Tātau o Te Wairoa
Rick Barker	Hawke’s Bay Regional Council
Will Foley	Hawke’s Bay Regional Council
Craig Foss	Hawke’s Bay Regional Council
Jacqueline Taylor	Hawke’s Bay Regional Council
Neil Kirton	Hawke’s Bay Regional Council
Charles Lambert	Hawke’s Bay Regional Council
Hinewai Ormsby	Hawke’s Bay Regional Council
Martin Williams	Hawke’s Bay Regional Council
Jerf van Beek	Hawke’s Bay Regional Council

Total number of members = 18

Quorum and Voting Entitlements Under the Current Terms of Reference

Quorum (clause (i))

The Quorum for the Regional Planning Committee is 75% of the members of the Committee

At the present time, the quorum is 14 members (physically present in the room or on Zoom).

Voting Entitlement (clause (j))

Best endeavours will be made to achieve decisions on a consensus basis, or failing consensus, the agreement of 80% of the Committee members present and voting will be required. Where voting is required all members of the Committee have full speaking rights and voting entitlements.

Number of Committee members present Number required for 80% support

18 14

17 14

16 13

15 12

14 11

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 20 October 2021

Subject: Regional Planning Committee work programme for Kotahi

Reason for Report

1. This report informs the Regional Planning Committee (RPC) on our work programme for Kotahi.

2. The report outlines what key decisions need to be made by the committee and the timing of these decisions.

3. The report discusses the workshops that will be held over the next few years before Kotahi is notified.

Executive Summary

4. This report provides further detail of the Policy Planning team’s work programme and the key decisions the Regional Planning Committee will have to make to ensure the timeframes for Kotahi are met. It also discusses the workshops that will be held to support the preparation of Kotahi.

5. Officers are planning to notify Kotahi in August 2024. Prior to notification tāngata whenua will be actively involved and communities engaged to determine the values for the takiwā. The plan will then be written and reviewed before public consultation on a draft Kotahi in November 2023. Kotahi will then be reviewed before notification in August 2024.

6. There are five key decisions RPC needs to make to ensure Kotahi is notified in time. These decisions are around Visons, Values and Freshwater Management Units; options for strategic policy direction; approval for public consultation; Panel notification as part of the hearing process; and notification of Kotahi.

7. There are approximately 20 workshops between now and when we notify Kotahi. These workshops will discuss structure of the regional plan and topics to ensure the RPC has enough information to make decisions on Kotahi.

8. Officers will add a standard item to the RPC to show the workshops that have been held, the decisions that have been made, future workshops and future decisions that need to be made.

Background

9. In October 2020 the RPC received a paper that introduced Kotahi, our single resource management plan. Kotahi will encompass the Regional Policy Statement, the Regional Resource Management Plan and Regional Coastal Environment Plan and it will include catchment based freshwater planning to ensure HBRC complies with the National Policy Statement for Freshwater Management 2020 (NPSFM). The paper from the RPC meeting in October 2020 outlined that there will be workshops to step through the freshwater reform and other natural direction to help support the RPC in their decision making for Kotahi and provide greater clarity and understanding of the work programme.

10. In March 2021, the RPC adopted Kotahi Project Principles that govern how the Kotahi Plan will be progressed. Some of the principles are outcome focused, including one principle about decision making on key matters. Some of the principals focus on the operational awareness including one principle about work programming. This paper helps to support these Kotahi Project Principles.

Discussion

Timeline

11. This report provides an update on the work programme. During the next 3-6 months the Planning Policy team will be finalising project plans (this will be a guide for staff for each of the workstreams supporting Kotahi), as well as researching and gathering information to provide a foundation for the plan development. Dependant on COVID Alert Levels staff will also be commencing work with tāngata whenua on the values during this period. Consultation will happen for communities after work has started with tāngata whenua late this year or early next year and then the Policy Team will start drafting the plan. As in Mohaka it is likely that in other takiwā there will be Māori-led workstreams developed simultaneously. The plan will be reviewed before public consultation on the draft plan which will happen in November 2023. The plan will be reviewed again before it is notified in August 2024.

12. There are external influences which have the potential to impact on this timeline. For instance, there is further policy information to come from central government with regards to Highly Productive Soils and Indigenous Biodiversity. There are other factors including central government elections and local government elections. These influences may mean the timeline needs to be amended, however, Kotahi has to be notified before 31 December 2024 to comply with the RMA.

13. As noted in previous papers to the RPC any divergence or delay from the work programme will have consequences in terms of the delivery of the plan within the proposed timeframe.

14. The timeline can be seen in Attachment 1 which also shows the decisions RPC needs to make to ensure Kotahi is notified in time and some of the workshops that will be held between now and when Kotahi is notified. Decisions and workshops are discussed below.

Decisions

15. There are five key decisions that need to be made by the RPC during the next few years to ensure the Kotahi project gets delivered. The intended format it to hold workshops the month before decisions need to be made to ensure the RPC has enough information to make a decision. These decisions can be seen on the timeline in Attachment 1.

16. The first decision is to determine Values, Visions and Outcomes for the takiwā. This decision will also include Freshwater Management Units. The second decision we will be seeking from the RPC are our options for strategic direction. The Planning Policy team will be bringing options to the RPC as part of our section 32 analysis, and we will be asking RPC to decide on these. Information on a S32 Analysis can be found in a memo to RPC from the meeting in October 2018: http://hawkesbay.infocouncil.biz/Open/2018/10/RPC_31102018_AGN_AT.PDF (Item 7, Attachment 4). These options will help us determine the direction of the Regional Policy Statement and the plan and will provide direction for officers when they are starting to look at their topics in more detail.

17. The third decision is to approve the pre-notification, draft Kotahi plan for public consultation. We are aiming to consult more widely with the public in November 2023. This will be an important step in the process as it will enable tangata whenua and the community to see the whole plan in its draft format and comment on the plan.

18. The fourth decision is for the RPC is about the Hearing Process. RPC will decide appointments of commissioners on the Panel that will either be through the Freshwater Planning Process^{^[1]}, or through the Schedule 1 process. The Freshwater Planning Process is a new planning process that regional councils must use for proposed freshwater provisions in regional policy statements and regional plans. In a Freshwater Planning Process the Panel will be made up of two freshwater commissioners that are appointed by the Ministry for the Environment, two council nominated members and one tangata whenua nominated member. The Schedule 1 process is the process that has been used to decide on the Outstanding Water Bodies plan change, plan change 7, and the TANK plan change, plan change 9.

19. The fifth decision is to notify the proposed plan. The 4th and 5^th decisions are important process steps to ensure we have an appropriate Panel to decide Kotahi and to ensure we are able to get Kotahi notified in time.

Workshops

20. There are approximately 20 RPC meetings before we notify Kotahi. As discussed in the October 2020 report, the Planning Policy team will organise workshops before each RPC meeting to step through information to help support the development of Kotahi. The RPC has requested discussion on mātauranga Māori, climate change and how it will be woven into Kotahi, Te Tiriti o Waitangi and biodiversity. Councillors received training in early 2021 on Te Tiriti on Waitangi prior to them making decisions on the Māori wards, it is not yet clear whether further training is required. Officers have also identified other workshop topics including:

20.1. what is in a regional plan and what a regional plan does including structure, how regional plans interact with other plans, including city/district plans

20.2. National Policy Statements, National Environmental Standards and how they fit together

20.3. RPS and Plan direction, options for strategic policy direction

20.4. topic/takiwā updates, for example air and catchments

20.5. update for any new Councillors after 2022 local government elections if needed, and

20.6. the Hearing Process including what is a Freshwater Planning Instrument?

21. These workshops will run in a logical order. Items will be discussed at workshops and if a decision needs to be made it will be made at the following RPC meeting. So, if an item is discussed at a workshop in March, the decision item will be brought to the RPC in April/ May. The workshops can be seen in Attachment 1. These workshops can be amended and updated as we go and there is room for other workshops if necessary and appropriate.

22. In previous RPC workshops, officers have discussed passing information to the RPC outside of scheduled workshops and meetings. Officers will deliver memos to the RPC as and when necessary to update the RPC on pertinent information.

Next Steps

23. Officers will continue to run workshops with the RPC has sufficient information to ensure key decisions are made in a timely manner. Officers will add a standard item to the RPC to show the workshops that have been held, the decisions that have been made, future workshops and future decisions that need to be made, so as to keep a clear and visible register. See Attachment 2 for the standard item.

24. Officers will keep the RPC updated on the Kotahi timetable and any key external influences that may change the timetable.

Decision Making Process

25. 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 Regional Planning Committee receives and notes the “Regional Planning Committee work programme for Kotahi” staff report.

Authored by:

Anne Bradbury

Senior Policy Planner

Nichola Nicholson

Policy Planner

Approved by:

Ceri Edmonds

Manager Policy and Planning

Attachment/s

1 ⇩	Timeline for Kotahi
2 ⇩	List of RPC decisons and workshops on Kotahi

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 20 October 2021

Subject: October 2021 Policy Projects Update

Reason for Report

1. This report provides an outline and update of the Council’s various resource management projects currently underway.

Resource management policy project update

2. The projects covered in this report are those involving reviews and/or changes under the Resource Management Act to one or more of the following planning documents:

2.1. the Hawke's Bay Regional Resource Management Plan (RRMP)

2.2. the Hawke's Bay Regional Policy Statement (RPS) which is incorporated into the RRMP

2.3. the Hawke's Bay Regional Coastal Environment Plan (RCEP).

3. From time to time, separate reports additional to this one may be presented to the Committee for fuller updates on specific plan change projects.

4. Similar periodical reporting is also presented to the Council as part of the quarterly reporting and end of year Annual Plan reporting requirements.

Decision Making Process

5. 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 Regional Planning Committee receives and notes the “October 2021 Policy Projects Update” staff report.

Authored by:

Anne Bradbury

Senior Policy Planner

Belinda Harper

Senior Planner

Ellen Robotham

Policy Planner

Approved by:

Ceri Edmonds

Manager Policy and Planning

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

1 ⇩

October 2021 RMA projects Update

HAWKE’S BAY REGIONAL COUNCIL

Regional Planning Committee

Wednesday 20 October 2021

SUBJECT: October 2021 Statutory Advocacy Update

Reason for Report

1. This item updates the status of reports on proposals forwarded to the Regional Council and assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project.

2. The Statutory Advocacy project centres on local resource management-related proposals upon which the Regional Council has an opportunity to make comments or to lodge a submission. These include, but are not limited to:

2.1. resource consent applications publicly notified by a territorial authority

2.2. district plan reviews or district plan changes released by a territorial authority

2.3. private plan change requests publicly notified by a territorial authority

2.4. notices of requirements for designations in district plans

2.5. non-statutory strategies, structure plans, registrations, etc prepared by territorial authorities, government ministries or other agencies involved in resource management.

3. In all cases, the Regional Council is not the decision-maker, applicant nor proponent. In the Statutory Advocacy project, the Regional Council is purely an agency with an opportunity to make comments or lodge submissions on others’ proposals. The Council’s position in relation to such proposals is informed by the Council’s own Plans, Policies and Strategies, plus its land ownership or asset management interests.

4. The summary outlines those proposals that the Council’s Statutory Advocacy project is currently actively engaged in.

Decision Making Process

Recommendation

That the Regional Planning Committee receives and notes the “October 2021 Statutory Advocacy Update” staff report.

Authored by:

Nichola Nicholson

Policy Planner

Ellen Robotham

Policy Planner

Approved by:

Ceri Edmonds

Manager Policy and Planning

Attachment/s

1 ⇩

October 2021 Statutory Advocacy Update

[1] Ministry for the Environment’s Freshwater Planning Process fact sheet - https://environment.govt.nz/assets/Publications/Files/a-new-freshwater-planning-process-factsheet.pdf

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