Meeting of the Clifton to Tangoio Coastal Hazards
Strategy Joint Committee
Date: Friday 19 November 2021
Time: 10.00am
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Venue:
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Virtually via Zoom
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Agenda
Item Title Page
1. Welcome/Karakia/Notices/Apologies
2. Conflict
of Interest Declarations
3. Confirmation of Minutes of the Clifton to Tangoio Coastal Hazards
Strategy Joint Committee held on 24 September 2021
4. Call for Minor
Items Not on the Agenda 3
5. Actions from
Previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee 5
Information or Performance Monitoring
6. Memorandum of
Transition 9
7. Regulatory
Workstream Next Steps 31
8. Project Manager's
Update 37
9. Communication and
Engagement Update 39
10. Current Coastal Projects
Update 41
11. Discussion of Minor Matters
Not on the Agenda 43
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
Subject: Call for Minor Items
Not on the Agenda
Reason
for Report
1. This item provides the means for Joint Committee members to raise
minor matters they wish to bring to the attention of the meeting.
2. Hawke’s Bay Regional Council standing order 9.13
states:
2.1. “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.”
Recommendations
3. That the Clifton to Tangoio Coastal Hazards Strategy Joint Committee
accepts the following “Minor Items Not on the Agenda” for discussion as Item 11:
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Leeanne Hooper
GOVERNANCE LEAD
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James Palmer
CHIEF EXECUTIVE
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
SUBJECT: Actions from Previous Clifton to Tangoio
Coastal Hazards Strategy Joint Committee
Reason for Report
1. To track items raised at previous meetings that require action, a
list of outstanding items is prepared for each meeting. All action items
indicate who is responsible for each, when it is expected to be completed and a
brief status comment.
2. Once the items have been completed and reported
to the Committee they will be removed from the list.
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.
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Recommendation
That the Clifton to Tangoio
Coastal Hazards Strategy Joint Committee receives and notes the “Actions
from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee
Meetings” report.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
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1⇩
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Actions for
November 2021 meeting
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Actions
for November 2021 meeting
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Attachment 1
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Clifton to
Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
Subject: Memorandum of
Transition
Reason for Report
1. This paper
presents a draft Memorandum of Transition ("MoT”), which also
includes as a schedule a draft Coastal Hazards Advisory Committee Terms of
Reference (“ToR”), for consideration and endorsement by the Joint
Committee.
Background
2. All Partner
Council’s have agreed in principle to the outcome of the Funding Review
led by Raynor Asher QC.
3. As the first
phase of implementing the Funding Review outcomes, The Technical Advisory Group
(“TAG”) have prepared a draft MoT.
4. The purpose of
the MoT is to provide a mechanism for Partner Councils to confirm the agreed
arrangements for implementing the Clifton to Tangoio Coastal Hazards Strategy
(“Strategy”) and the associated transfer of assets recommended by
the Funding Review, and to provide the means for achieving HBRC’s Long
Term Plan amendment process without objection from territorial authorities
under s.16 of the Local Government Act.
5. In developing
the MoT, the Technical Advisory Group (“TAG”) have been working to
the process and timeframe outlined in Table 1.
Table 1: MoT Development Process and Timeline
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Task
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Timing
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1. Drafting (with support from Simpson Grierson)
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Throughout
October
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2. Technical Advisory Group workshop on draft MoT
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27
October
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3. Joint Committee workshop on draft MoT
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5
November
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4. Joint Committee formally consider proposed MoT and
recommend final draft MoT to Partner Councils
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19
November
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5. Partner Council consideration / adoption of MoT
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November
/ December
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6. The draft MoT
is provided as Attachment 1 to this paper.
7. Associated with
the MoT, an Advisory Committee was recommended by Mr Asher to support
HBRC’s functions as the lead agency for implementing the Strategy. This
Advisory Committee will in effect replace the Joint Committee and provide for
an ongoing forum for collaboration between tāngata whenua and the
councils.
8. A draft ToR for
this proposed Advisory Committee is included as Schedule One to the draft MoT.
Next Steps
9. Subject to
direction from the Joint Committee, TAG propose to present the Joint
Committee’s recommendations and the draft MoT and ToR to each Partner
Council for consideration and feedback.
10. Before the MoT can be
formally adopted however, it must be circulated to all territorial authorities
in the region for comment, to align with requirements under the Triennial
Agreement. The territorial authorities are then provided with, at a minimum, 40
working days to respond. This time restraint under the Triennial Agreement
could be varied through agreement between all the local authorities in the
region, and TAG propose that this agreement is sought.
11. It is also noted that
Napier City Council and Hastings District Council have indicated that they will
undertake targeted consultation on the proposed transfer of the Waimarama
Seawall and the proposed Whakarire Ave revetment. This process can occur
following the signing of the MOT.
Recommendation
That the
Joint Committee:
1. Receives and notes
the “Memorandum of Transition” staff report.
2. Endorses the draft
Memorandum of Transition; and
3. Recommends that the
Hastings District Council, Napier City Council and Hawke’s Bay Regional
Council confirm and execute the Memorandum of Transition, following
satisfaction of all requirements under the Hawke’s Bay Region’s
Triennial Agreement for the Triennium October 2019 – 2022.
Authored by:
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Simon Bendall
Coastal Hazards Strategy Project Manager
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Approved by:
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Chris Dolley
Group Manager Asset Management
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Attachment/s
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1⇩
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Memorandum of
Transition
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Memorandum
of Transition
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Attachment 1
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Clifton to
Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
Subject: Regulatory Workstream
Next Steps
Reason for Report
1. This report
presents a high-level outline of next steps/emerging opportunities to embed
some of the recommendations of the Stage 4 Regulatory Workstream reporting into
the one or more of the councils’ statutory planning documents.
Context
2. The
Strategy’s Stage 4 Regulatory Workstream reports[1] by Mitchell Daysh Limited in
2020 focused on two principal tasks:
2.1. summarising
key planning and regulatory documents that could impede or support
implementation of the preferred pathways including a consideration of 'moral
hazard’ risks; and
2.2. summarising
actions to ensure short-term adaptation responses can be implemented, including
use of several case studies.
3. In response to
Mitchell Daysh Limited’s recommendations that focus on the policy and
regulatory framework, this paper focusses on opportunities for amendments to
planning documents under the RMA, i.e.:
3.1. Hastings
District Plan
3.2. Napier
District Plan
3.3. Hawke’s
Bay Regional Resource Management Plan (including the Regional Policy Statement)
and
3.4. Hawke’s
Bay Regional Coastal Environment Plan.
4. In particular,
the MDL Policy and Regulatory Review had recommended that:
“amendments will be
required to the Regional Coastal Environment Plan, the Hastings District Plan
and City of Napier District Plan to ensure the objectives, policies and methods
within these documents enable the outcomes sought by the Strategy. This is
twofold –
[a] greater
recognition of the implementation of short-term hazard adaptation responses
(including benefits) and
[b] the
avoidance of future land use intensification that will hinder long term
delivery of the Strategy and increase moral hazard.[[2]] ”
Status
of Councils’ RMA documents
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Hastings
DC
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Napier
CC
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HBRC
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Current
Status
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Operative
District Plan.
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Operative
District Plan.
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Operative
combined regional plan, includes Regional Policy Statement (RRMP).
Operative
Regional Coastal Environment Plan (RCEP).
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Imminent
status
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Implementation
of current plan.
No changes under preparation wrt coastal matters.
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Draft
District Plan in progress. Notification as proposed plan in 2022.
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Implementation
of current RCEP.
Community engagement and options evaluation 2022-23 for ‘Kotahi.’
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Medium-term
activity
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Post-notification
proposed plan phase.
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Notify
‘Kotahi’ plan before Dec 2024.
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Review of HPUDS; Preparation
of ‘Future Development Strategy’ for
Napier-Hastings Urban Area; Scoping Regional Spatial Strategy
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Longer-term
activity
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Uncertain, subject
to RM Reforms and associated transitional arrangements
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5. There are two
key current or emerging opportunities for incorporating elements of the Stage 4
workstream recommendations into statutory planning documents:
5.1. Review
of Napier District Plan
5.1.1. opportunity to embed
provisions that support implementation of the Strategy (refer paragraph 4 above
and Recommendation #4 in Attachment 1).
5.1.2. could be inserted during the
drafting phase (now to mid-2022) and/or via formal submissions after the new
proposed district plan is publicly notified.
5.2. Review
of HBRC’s RMA plans (‘Kotahi’)
5.2.1. involves a review of the
Regional Policy Statement (RPS), Regional Coastal Environment Plan and the
remaining parts of the Regional Resource Management Plan (refer paragraph 4
above and Recommendation #s 3, 4 and 5 in Attachment 1).
5.2.2. timing wise, Kotahi programme
is aiming for public notification as a proposed plan in late 2024.[3]
6. Recommendations
from the Strategy’s Stage 4 Regulatory Workstream have been added to the
Kotahi project’s ‘to-do-list’ for the appropriate policy
options evaluation, drafting and public consultation.
7. HBRC’s
2021-31 Long Term Plan does not provide capacity for preparation of a
stand-alone RPS/regional plan change embedding the Strategy earlier than the
extensive Kotahi plan.
8. There is some
interest amongst HB Council leaders in the preparation of a high-level regional
spatial plan, but no firm commitment nor resourcing of that initiative exists
at present across the five HB councils. Preparation of a regional spatial plan
is very likely to be further influenced by timing and content of the Resource
Management system reforms.
Next
Steps
9. In terms of
immediate next steps arising from the Regulatory [policy] Workstream, the
Napier District Plan and the Kotahi Plan should remain the focus.
10. Each of these are current
and emerging opportunities to further embed relevant elements of the Strategy
into statutory RMA planning documents. That drafting can occur somewhat
simultaneously with ongoing work on the remaining Stage 4 workstreams (e.g.
design, funding, managed retreat and triggers in particular), plus the three
Councils’ joint work on the Memorandum of Transition (MOT) and other
associated transitional arrangements.
Resource
Management System Reform and Local Government Review
11. Government has signalled
its intention to repeal the RMA and replace it with three new pieces of
legislation:
11.1. A Natural and Built
Environments Act (‘NBEA’),
11.2. A Spatial Planning Act
(‘SPA’), and
11.3. A Climate Change
Adaptation Act (‘CCAA’).
12. The Government has also
proposed the creation of a National Planning Framework (‘NPF’) that
would be a package of national policy directives and national regulations under
the new system.
13. Timeframes for
introduction of Bills for the NBEA and SPA have slipped. These are now
ear-marked to be introduced in mid-2022 as Bills for Select Committee
process. Meanwhile, a Bill for the CCAA is now mooted to be introduced in
2023. Transitional arrangements from the RMA-system to the new resource
management system are currently unknown. These transitional arrangements will
be critical if:
13.1. the new system is to be
an improvement over the current system and attain the goals of the reform; and
13.2. the new system may offer
timely cost-effective opportunities to further implement the Strategy.
14. The Government has also
established a Panel which is
currently undertaking a review of local government arrangements.[4] The Review Panel is
expected to finalise its report and recommendations by April 2023. It is
too premature to speculate what (if any) of the Panel’s findings may then
be progressed in any reshaping of local government.
Other
points to note
15. For now, roles and
responsibilities for oversight and preparation/review of RMA planning documents
are assumed to remain as they are at present. It is noted that the draft
MOT includes a specific clause to confirm that nothing is proposed to change
with respect to these functions.
16. Matters covered in this
briefing paper would need revisiting after HBRC considers the matters arising
and implications of transference of responsibilities for Strategy
implementation.
Decision Making Process
17. 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
Clifton to Tangoio Coastal Hazards Strategy Joint Committee receives and notes
the “Regulatory Workstream Next Steps” staff report.
Authored by:
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Gavin Ide
Principal Advisor Strategic Planning
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Approved by:
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Chris Dolley
Group Manager Asset Management
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Attachment/s
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1⇩
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Summary of
Stage 4 regulatory workstream reports
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Attachment
1 - Summary of Stage 4 regulatory workstream reports
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Attachment 1
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
Subject: Project Manager's
Update
Reason for Report
1. In accordance with standing instructions from the Joint Committee,
this report is provided in place of the written report required from the
Project Manager under the Terms of Reference for the Joint Committee.
2. It provides an opportunity for the Project Manager to present a
verbal update to the Committee and answer any questions on general project
matters including tracking against timeframes, milestone achievements and
project risks. The Project Manager will provide a verbal update at the meeting.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives the “Project
Managers Update” report.
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Authored by:
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Simon Bendall
Coastal Hazards Strategy Project Manager
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Approved by:
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Chris Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton to
Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
Subject: Communication and
Engagement Update
Reason for Report
1. This report
gives a brief overview of communications and engagement that has happened since
the last Joint Committee meeting in September 2021.
2. It outlines the
changes to our proposed timing for engaging with the wider community ahead of
formal consultation in early to mid-2022.
3. It also
provides an update on the process of engaging with mana whenua.
Executive
Summary
4. Communications
and engagement for the Strategy has slowed due to the COVID-19 lockdown
postponing our final panel workshop and limiting engagement opportunities with
mana whenua.
5. The timing for
the Council-led pre-engagement activity proposed at the September Joint
Committee meeting has changed to ensure we deliver an effective engagement
approach.
Discussion
6. Our next
community workshop is scheduled for 8 December.
7. This is the
second community workshop held as part of the approach to developing signals,
triggers and thresholds for the adaptive pathways developed under the Strategy.
8. A newsletter
update is scheduled to go out in mid-December and will feature the funding
review updates, mana whenua engagement, community workshops, and this Joint
Committee meeting.
9. The Strategy
continues to track towards a wider public consultation process in the first
half of 2022.
10. Ahead of this more formal
process, TAG have been engaging in a range of pre-consultation planning. The
purpose of pre-consultation is to facilitate information exchange, test ideas,
and provide a lead-in to the formal consultation process to support informed
participation.
11. Members will recall that
pre-engagement is proposed to occur in two parts: community-led, and
council-led (in person and through digital channels).
12. After the September Joint
Committee, staff held an online meeting with some panel members to discuss the
planned pre-engagement. Following this meeting and based on the questions
raised and discussions within TAG, it was decided that more time was required
to deliver the Council-led component to ensure it was comprehensive, engaging,
and successful.
13. This means that the
Council-led pre-engagement proposed at the Joint Committee’s September
meeting has been postponed until early 2022.
14. It is still proposed to
work with community workshop participants on community-led engagement
pre-Christmas. We have had a range of feedback on how to effectively support
and implement that process and will be working with community members over the
coming weeks to confirm the approach. Feedback from that process is likely to
be very useful to inform the Council-led engagement in 2022.
15. Mana whenua engagement
ahead of consultation has followed an extensive process with multiple
approaches made (marae, taiwhenua, PSGE’s), though we have not had as
much success as we had hoped for with only two hui held (Te Taiwhenua o
Heretaunga at their Te Runanganui o Heretaunga hui and Matahiwi Marae). The
impacts of COVID and a busy schedule for mana whenua have contributed to the
limited uptake.
16. This is an outline of the
process we have followed to approach and engage with mana whenua:
16.1. Sought advice from the
Regional Planning Committee and Māori Committee on who we should engage
with and how
16.2. Identified groups
– 3 Post Settlement Governance Entities (PSGEs), 2 taiwhenua, and 7
marae.
16.3. Approached these groups
by email with a follow up phone call offering to present and/or provide
information about the strategy to a committee meeting, what we were asking of
them, and to answer any further questions.
16.4. Attended hui where
invited.
16.5. Sent a pre-recorded
presentation through to groups we had not presented to.
17. Acknowledging
that we are now approaching a busy time of year, we propose to provide some space,
and approach mana whenua again in the New Year to see if there is any further
interest. This will align with the deferred Council-led pre-engagement
discussed above.
Next
Steps
18. Key next steps before the
end of the year include:
18.1. Holding the final
community workshop.
18.2. Developing wider
community engagement activities with panel members.
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.
Recommendation
That the
Clifton to Tangoio Coastal Hazards Strategy Joint Committee receives and notes
the “Communication and Engagement Update” staff report.
Authored by:
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Rebecca
Ashcroft-Cullen
Communications Advisor
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Simon Bendall
Coastal Hazards Strategy Project Manager
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Approved by:
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Chris Dolley
Group Manager Asset Management
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Attachment/s There are no attachments
for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
Subject: Current Coastal
Projects Update
Reason
for Report
1. This report provides an opportunity for the Technical Advisory Group
(TAG) to provide an update on various coastal projects the Joint Committee has
expressed an interest in keeping abreast of, namely:
1.1. Whakarire Ave Revetment Works
1.2. Extended consent area for sand deposition at Westshore
1.3. Haumoana 18
1.4. Whirinaki.
2. TAG members will provide a verbal update on each of these projects
at the meeting.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives the “Coastal Projects
Update”
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Authored by:
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Simon Bendall
Coastal Hazards Strategy Project Manager
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Approved by:
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Chris Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 19 November 2021
Subject: Discussion of Minor
Matters Not on the Agenda
Reason for Report
1. This document has been prepared to assist Joint
Committee members note the Minor Items Not on the
Agenda to be discussed as determined earlier in Agenda
Item 4.
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Item
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Topic
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Raised
by
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1.
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2.
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3.
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