Agenda of Maori Committee - Wednesday, 2 February 2022

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Wednesday 02 February 2022

Subject: Tangata Whenua Hearing Panel Commissioners' Conflicts of Interest Management

Reason for Report

1. This report presents proposed guidance for the management of conflicts of interest for local Māori commissioners for the Committee’s feedback and support for implementation.

Officers’ Recommendations

2. Council officers recommend that the Māori Committee considers the proposed guidance and how it can support the involvement of more local tangata whenua involvement as resource consent Hearing commissioners.

Executive Summary

3. The Hearings Committee recognises the need for local tangata whenua to sit as commissioners on resource consent Hearings Panels. This discussion looks at potential conflicts of interest and how these can be avoided. Legal advice and staff guidance is provided.

Background /Discussion

4. At a recent Hearing Committee meeting, the members noted that they wished to see local Māori appointed onto resource consent hearings panels more often. This raised the question of what happens when hapū, Taiwhenua, Post Settlement Group Entities (PSGEs) or Ngāti Kahungunu Iwi Inc (NKII) or other iwi are submitters to an application and when is a person conflicted because of their association with any of these groups such that they should not sit on the panel to decide the matter?

5. The Hearings Committee requested that this matter be brought to the Māori Committee and Regional Planning Committees to discuss and seek guidance on appointing Māori experts as commissioners for resource consent hearings and on determining when a person might be conflicted in this situation. The Resource Management Act provides for hearings for resource consent applications where they are notified, submissions are lodged, and submitters wish to be heard.

6. The Hearings Committee is delegated the function of appointing commissioners to each Resource Consent Hearings Panel. These may be Councillors or other Council committee members or they may be independent appointees. They are required to have current Making Good Decisions (MGD) accreditation.

7. Typically, staff have recommended, and the Hearings Committee have appointed a panel comprising of a commissioner with RMA expertise, a commissioner with technical expertise relevant to the proposal and a commissioner with expertise in tikanga Māori and in Māori values (a Māori expert). On occasions a resource consent application could be heard by a single commissioner where the issues are narrowed down to a few matters and on other occasions the panel could be made up of more than three commissioners.

8. There is no legislative requirement to consult with tangata whenua when appointing commissioners to a resource consent Hearing Panel. However, the HBRC Hearing Committee is made up of four Councillors and two appointees from the Māori Committee and two tangata whenua representatives from the Regional Planning Committee so by its constitution, the Hearing Committee provides the opportunity for consultation with and involvement of tangata whenua. In doing so, tangata whenua representatives are able to provide guidance and recommendations on when to appoint someone with understanding of tikanga Māori and of the perspectives of local iwi or hapū, and who would be suitable.

9. It is recognised that at times there may be conflicts of interest and it is this matter that is discussed in this report.

Options Assessment

10. Staff have sought advice from Simpson Grierson on this matter. The essence of this advice (attached and following) is that basic conflict of interest principles should apply. People appointed as commissioners should not hold a bias or an apparent bias nor should they predetermine the matter. Where there is doubt about whether a conflict of interest exists, it can be prudent to err on the side of caution and to look to another appointee.

11. Where the person is a member of an iwi/hapū or can whakapapa to parties involved in the hearing process, this alone will not necessarily raise a conflict of interest. The Office of the Auditor General Managing Conflicts: A Guide for The Public Sector provides guidance. This states:

11.1. Some cultures, including Māori culture, have a broad concept of family. In our view, a conflict of interest will not often arise where the connection is a common ancestor, such as another iwi or hapū member. Sometimes an iwi connection could create a conflict of interest in and of itself. For example, if the person is working for a public organisation on a Treaty settlement where they are likely to end up as a beneficiary, this might create a conflict of interest. In this situation, the interest is personal.

12. The advice recommends that conflicts of interest will need to be assessed on a case-by-case basis. The following circumstances are identified as risk factors for conflicts of interest or apparent bias:

12.1. If the commissioner has an official role like as a trustee or director of an iwi entity making an application or submission or was a senior member of the iwi

12.2. If the hearings panel is asked to adjudicate on issues of who holds mana whenua over an area and the commissioner is a member of one of the iwi involved

12.3. If the commissioner has a financial or property interest in the matter

12.4. If the commissioner assisted the iwi with the application or submission

12.5. If there are significant and/or direct impacts on the commissioner’s iwi.

13. The advice identifies risk mitigation measures. These include:

13.1. preparing a longlist of commissioners so there is choice and alternatives

13.2. recording the interests of commissioners on the list to help determine risk of conflict

13.3. consider providing training to help potential commissioners to identify risks of conflict

13.4. set out in the contract brief the need to avoid conflict

13.5. engage with Commissioners at appointment stage to check on any financial, property, relevant family ties (including whakapapa) and any other roles they hold (such as directorship or trustee roles)

13.6. declaring possible conflict at the time it is realised and testing acceptance of other parties

13.7. recusing appointment if possible conflict is identified and/or not accepted or dismissed as a concern by other parties.

14. While some recommendations are made, the Māori Committee members may have other ideas about how this can be done differently and/or more effectively.

15. The approach going forward can be improved to enable MGD qualified Māori Committee and Regional Planning Committee members and other local tangata whenua more opportunity to sit on hearings panels. Further training could be arranged for potential commissioners if this is seen as beneficial (over and above the Making Good Decisions training).

16. It is proposed that the following staff guidance be followed for all potential commissioners. Specific questions are identified for Māori experts to check that they are not conflicted due to their association with their iwi or hapū.

Proposed guidance for staff when recommending commissioners for appointment

17. Proposed guidance for appointment of commissioners who are Māori experts:

17.1. Prepare a longlist of local people with Making Good Decisions accreditation and with Māori expertise.

17.2. Check with each potential commissioner that they don’t perceive a conflict of interest. The questions to be asked of Māori experts would include:

17.2.1. Do you have an official role (e.g. trustee, director or senior member of an iwi / hapū or other entity making an application or submission on the application)?

17.2.2. If the Hearing panel is asked to adjudicate on issues of who holds mana whenua over an area, are you a member of one of the iwi / hapū involved?

17.2.3. Do you have a financial or property interest in the matter?

17.2.4. Have you assisted the iwi with the application or submission?

17.2.5. Are there significant and/or direct impacts on your iwi / hapū or other entity of which you are a trustee, director or senior member?

17.3. Appoint a backup person in case the first person is unavailable closer to the time of the Hearing. This is standard practice for all commissioner appointments.

17.4. Include a clause in the contract (where one is required) informing the pending Commissioner that they should be familiar with the Auditor-General’s “Managing Conflicts: A Guide for the Public Sector” and that they will be required to sign a declaration that confirms that they do not consider they have any conflict of interest prior to the Hearing. This is required for all commissioners on the Panel.

17.5. Require, prior to commencing a Hearing, that Commissioners complete a Declaration of Interests form to confirm that they have considered their interests in relation to the application and the parties involved and that they do not have a conflict of interest. This is standard practice for all commissioner appointments.

Examples from other areas

18. The advice from Simpson and Grierson refers to Joint Management Agreements established between Tūwharetoa Māori Trust Board and Taupo District Council (2009) and also between Te Rununganui O Ngāti Porou Trustee Ltd and Gisborne District Council (2015) and a mana whakahono a rohe or iwi participation arrangement between Poutini Ngai Tahu and West Coast Regional Council (2020). These establish joint management agreements across a range of matters including the appointment of consent hearing commissioners.

19. Taupo and Gisborne agreements have the same conflicts of interest clause.

19.1. Conflicts of Interest shall be considered and identified at the earliest possible moment and brought to the attention of the Panel at the earliest possible time, and in accordance with the Controllers and Auditor Generals Guidelines: Managing conflicts of interest: Guidance for public entities.

20. The Gisborne agreement adds a second paragraph.

20.1. A panel member is not precluded by the Local Authorities (Members' Interests) Act 1968, or any other regulatory mechanism, from discussing or voting on a matter merely because the member has Ngāti Porou whakapapa. The conflict would have to be direct e.g. ownership of land that is subject to a consent application.

21. The West Coast protocol addresses conflict of interest with the following statement:

21.1. Where perceived conflicts of interest arise in relation to hearing commissioner appointments, the Parties agree that a registered Ngāi Tahu tribal member who is trained as a hearing commissioner will continue to sit on the hearing panel on matters related to Poutini Ngāi Tahu rights, interests and values, and that their Ngāi Tahu whakapapa does not in itself constitute a conflict of interest. It should be noted that the principles of fairness and natural justice apply to all hearings.

22. These statements incorporate and reflect the Auditor General’s guidance. The West Coast protocol is saying that if someone is conflicted, they will be replaced by another person who is a registered Ngāi Tahu tribal member.

Strategic Fit

23. The Strategic Plan emphasises the need to work together. Representation of local tangata whenua on Consent Hearings Panels will assist in making decisions that align with desired outcomes expressed in the Strategic Plan and in the RMA suite of documents that HBRC implement.

Significance and Engagement Policy Assessment

24. This is not a change of policy. Resource consent applications can be small to major in effect. Effects on Tangata whenua values and relationships must always be taken into account. Commissioners with expertise in tikanga māori and in Māori values have been appointed to Hearing Panels in the past. This discussion is around achieving more involvement of local people with expertise in tikanga Māori and in māori values in the decision-making process while avoiding any conflicts of interest.

Considerations of Tangata Whenua

25. As mentioned above this discussion is around achieving the involvement of local people with expertise in tikanga Māori and in Māori values as commissioners on resource consent Hearing panels. The aim is to develop options to facilitate their appointment while ensuring that they do not have a conflict of interest.

Financial and Resource Implications

26. There are no financial and resource implications for the Council. Hearing Commissioners are paid for their time and costs associated with preparing for, attending and deciding on a resource consent application. These costs are recovered from the applicants.

Decision Making Process

27. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

27.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.

27.2. The use of the special consultative procedure is not prescribed by legislation.

27.3. The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

28. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, the Māori Committee can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Māori Committee:

1. Receives and considers the ‘Tangata Whenua Hearing Panel Commissioners' Conflicts of Interest Management’ staff report

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 the Committee can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

3. Supports the involvement of more local tangata whenua as Resource Consent Hearing Commissioners.

4. Supports the proposed guidance to avoid conflicts of interest (with agreed amendments incorporated if required).

Authored by:

Malcolm Miller

Manager Consents

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

1 ⇩	Simpson Grierson Tangata Whenua Conflicts of Interest Guidance
2 ⇩	List of local tangata whenua Making Good Decsions qualified Hearings Commissioners

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Wednesday 02 February 2022

Subject: Primary Industry Pan Sector Group Representation

Reason for Report

1. This item advises the Māori Committee about the recent reconstitution of a Primary Industry Pan Sector Group (PIPSG) and seeks a recommendation from the Committee on Māori representation on the PIPSG.

Officers’ Recommendations

2. Staff recommend that the Committee either identifies and recommends specific suitably knowledgeable individuals to be approached and asked to join the PIPSG to bring a te ao Māori perspective or recommends a process for determining appropriate Māori participation.

Executive Summary

3. In response to advice from the primary sector and acknowledging the current context of accelerated change in the primary sector, Council has agreed to support reconstitution of a PPSIG (subsuming the Horticulture Sector Group), to support change management across the Hawke’s Bay primary sector.

4. The reconstituted PIPSG have raised the question of Māori participation on the forum and the Hawke’s Bay Regional Council (HBRC), as the secretariat for the PIPSG, have been asked to invite the Māori Committee to make recommendations.

5. Officers request that the Māori Committee recommends suitably knowledgeable individual(s), ideally with a Māori agribusiness background, to be invited to join the PIPSG.

Background /Discussion

6. A PIPSG, administered by HBRC, previously operated during Plan Change 6 to the Regional Resource Management Plan for the Tukituki catchment, to assist the plan development, but was discontinued thereafter. In parallel, The Regional Council has administered a Horticulture Sector Group for a number of years, to assist in communication and problem resolution with the horticulture sector.

7. In July 2021 Council approached representatives of the Hawke’s Bay primary sector and interested parties from local government, to ascertain interest in reconstituting a PIPSG.

8. Twin catalysts for this step were:

8.1. Suggestion from within the Hawke’s Bay primary sector that the current pace of change (including inter-sectoral landuse change) warranted improved inter-sectoral communication

8.2. A re-examination by HBRC of the effectiveness of the longstanding Horticulture Sector Group.

9. Subsequently, in October 2021, a workshop was hosted by HBRC for primary sector representatives, with the aims of:

9.1. Identifying and discussing the current and future issues facing the primary sector and local government in the Hawke’s Bay region, and from this, identify which of these are common

9.2. Exploring what could be achieved from a pan sector forum, if established, and whether there is support to proceed with such an initiative.

10. The workshop identified a wide range of current and future issues of common interest that a pan sector forum could address, including:

10.1. Speed, quantity and complexity of change and the ability to keep pace

10.2. Time constraints including related to Central Government deadlines and COVID-19

10.3. Implementation capacity, including people capacity and labour supply

10.4. Water security, quality, quantity and use efficiency

10.5. Giving effect to Te Mana ō te Wai

10.6. Equity and Wellbeing

10.7. Climate change resilience, carbon markets

10.8. Landuse change

10.9. Biosecurity

10.10. Reputation and perception of the primary sector.

11. The workshop also identified a range of possible pan sector group opportunities, including:

11.1. Collaborative, cohesive and interdependent communities, true collaboration to support continued change

11.2. Problem and solution ownership

11.3. Shared resources, joined-up messages and ways of working

11.4. Fully connected rural/urban community and region

11.5. Greater diversification of crops and landuse

11.6. Cleaner water, enhanced indigenous biodiversity and ecosystem health

11.7. Increased capability and capacity, upskilling, knowledge transfer eg mātauranga Māori and a workforce strategy

11.8. Climate change and adverse event preparedness

11.9. Thriving and healthy community.

12. To achieve these outcomes, the group identified that in a PIPSG, it would be important to have a balance of key people in the room, local representation rather than national industry associations and appropriate Māori participation.

13. The group envisaged that a PIPSG would meet three times per year (provisionally March, May and November) for 3 hours. Sub-groups may be formed around specific issues and meet more often, as required.

14. Officers are satisfied that a PIPSG would complement rather than duplicate Hastings District Council’s (HDC) Primary Producers’ Roundtable, which provides HDC with regular updates on industry conditions, as opposed to working on joint environment problem resolution as is envisaged with a PIPSG.

15. To progress matters a pan sector sub-committee, convened by HBRC, was appointed to draft a Terms of Reference (attached) and circulate for feedback.

16. It is expected that the PIPSG will meet again in March to review the Terms of Reference (ToR), membership and establish some initial goals, with an expected initial focus on capacity-building for change.

17. Attachment 2 lists invitees to the October 2021 workshop, including Tom Keefe who had been identified as a possible Māori Agribusiness participant but who was unable to attend on the day.

18. As requested by the workshop, staff now seek the recommendation of the Māori Committee on appropriate Māori participation on the PIPSG.

Strategic Fit

19. The work of the PIPSG will contribute towards the following Strategy Plan 2020-2025 Goals:

19.1. Water quality, safety and climate-resilient security. Te kounga o te wai, te haumarutanga me te mārohirohi ā-āhuarangi o te whakamarutanga.

19.2. Climate-smart and sustainable land use. Kia koi, kia toitū hoki te whakamahinga o te whenua.

Significance and Engagement Policy Assessment

20. The PIPSG is intended to operate at Level 3 of Council’s engagement spectrum – Collaborate/Mahi ngātahi.

21. The decisions requested of the Committee are not significant in terms of Council’s Significance and Engagement Policy and do not require further consultation with the wider community.

22. The Committee, however, is free to engage in its own consultation before arriving at any recommendation if it so chooses.

Climate Change Considerations

23. The work of the PIPSG is expected to contribute towards climate change mitigation and adaptation, primarily through improving regional inter-sectoral communications and joint problem-solving.

Considerations of Tangata Whenua

24. As significant rural landowners with interests in improving land productivity, Māori agribusiness interests will benefit from the information exchanges and shared problem-solving enabled by the PIPSG.

25. Māori agribusiness participants will be able to bring fresh perspectives to non-Māori agricultural interests, which will strengthen the Hawke’s Bay agriculture sector and increase overall resilience.

Financial and Resource Implications

26. Independent facilitation and secretarial services for the PIPSG are currently met from within the Integrated Catchments Management (ICM) budget. With no more than three meetings per year envisaged, ongoing costs are not expected to be significant.

27. Māori participants on the PIPSG may be eligible for payment for PIPSG meeting and travel time under Council’s Reimbursements for Project Meetings and Travel Policy, provided they are not receiving remuneration from a participating organisation

Decision Making Process

28. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

28.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.

28.2. The use of the special consultative procedure is not prescribed by legislation.

28.3. The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

29. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, the Māori Committee can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Māori Committee:

1. Receives and considers the “Primary Industry Pan Sector Group Representation” staff report.

3. Recommends to staff, either specific potential Māori representative(s) or a process for determining Māori representation on the Primary Industry Pan Sector Group.

Authored by:

Xan Harding

Senior Catchment Advisor (Policy Implementation)

Brendan Powell

Manager Catchments Policy Implementation

Approved by:

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s

1 ⇩	Hawke's Bay Pan Sector Group Draft Terms of Reference
2 ⇩	Pan Sector Group Workshop List of Invitees

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Wednesday 02 February 2022

Subject: Significant Organisational Activities Looking Forward through February 2022

Reason for Report

1. The commentary following is for Committee members information, to highlight significant areas of Council activity. Significant Council resources are being directed toward various initiatives, which reflect the Council’s evolving agenda and it is considered important that the Committee members are consistently informed of progress in areas that have or may create a high external profile.

Northern Catchment
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
Wairoa River Parade Erosion Protection	1. Physical works for the sheet piled wall have been completed. Reinstatement of guard railing and concept planting plans will be completed next month.	Regional Projects
Biodiversity and biosecurity	2. Work will begin at the Mahia scenic reserve to remove the remaining possums after the contractor control was completed. This will be a significant area of focus for the team over the next two months. 3. Wireless monitored leg hold traps will begin to be placed out after battery replacements for units have been completed. This trap layout will be the final one in preparation for the Proof of Absence monitoring required to show that possum eradication has been successful. 4. The pest plant team will be following up on privet tree enquiries received in January and organizing contractors for landowners who have received doctors certificates. Work will also be underway on Old Mans Beard particularly north of SH5. 5. The animal team are planning work for the increased PCA (possum control) monitoring package for 2022-2023. 6. Rabbit management plans are being prepared for Opouahi Station and Rangiora Trust. 7. Education monitoring will be occurring through the following PCA’s during February - Taihape Rd, Flag Range, Matapiro and Crownthorpe PCAs. 8. Contractors are detoxifying all bait stations set up through Department of Conservation (DOC) areas within HBRC’s river berm contract as required by the associated DOC permission.	ICM – Catchment Services
Whakakī Freshwater Improvement Fund Project	9. Easement documents have now been signed by the Whakakī Lake Trust for the weir. Community hui will be scheduled for February to discuss the project and the timing of the works. 10. Final stages of the former Whakakī school renovations targeting electrical, plumbing and painting will be completed in February/March.	ICM – Catchment Delivery
East Coast farmers Expo	11. Planning has begun for a display at the East Coast farmers Expo to be held on 23-24 February 2022.	ICM – Catchment Delivery
Nuhaka Slip	12. Negotiations are underway with landowners, including multiple ownership properties, to achieve agreement on treatment types and cooperation. Good progress is being made, however, it is expected that agreement with some of the multiple ownership blocks will take time to conclude.	ICM – Catchment Delivery

Central Catchments
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
Omaranui Landfill expansion resource consent applications	13. Consent application Hearing held 1 and 2 November 2021. Hearing was adjourned until 30 March 2022 to allow planning witnesses to meet with the objective of reaching consensus on an agreed set of conditions.	Policy & Regulation Consents
Flood Control Schemes - Resilience Funded projects	14. Taradale stopbank strengthening physical works underway, 200m of strengthening works have been completed to date. 15. Moteo and East Clive stopbank design options are being finalised. 16. Roys Hill and Ngatarawa stopbank design options are being finalised.	Asset Management Engineering Regional Projects
Gravel Management	17. Hearing took place on 10 December 2021, but no decision was made. The consent conditions will be reviewed, and a meeting with submitters to agree on all conditions will be scheduled for February 2022.	Asset Management Consents, Schemes
Waitangi Regional Park	18. Planning and design for Stage III development of the Park, including safe vehicle access to the river and two ephemeral wetlands on the flat berm area is near completion for delivery in the fourth quarter of the financial year. Funding application to Department of Internal Affairs (DIA) fund for a new toilet block in the park will be undertaken in February 2022 and submitted in March by the Atea a Rangi Educational Trust. Regional Assets to support as and when required.	Asset Management Open Spaces
Tūtira Forest Harvest	19. The next tranche of logging is scheduled to begin at Tūtira Regional Park in late January2022. Log prices have risen from lows in November and December 2021 and are forecast to keep rising over the coming months with decreases in shipping costs and increased demand in China. The falcon chicks have left the nest and road construction will continue also.	Asset Management Open Spaces, Forestry
Hawea Historical Park / Karamu Stream Diversion	20. The draft Hawea Historical Park Management Plan is under review with the Management Committee for the Park, Te Ahi kaa roa. The cultural component of the Management Plan was completed in December 2021. 21. Stage 3 project delivery includes pathways around the park, construction work for widening of the confluence, armouring of the eroding embankment and shaping of the stream from the Koru Wetland. Detailed design of the suspension bridge over the Karamu Stream is underway. 22. Design of the Cultural Elements for the Park is underway including costings for DIA funding application in February 2022 - submission in March 2022 and construction in late 2022. The funding application will be completed by the Hawea Historical Park Management Committee. The Regional Asset group will support as required.	Asset Management Open Spaces, Regional Assets
Bayview/ Whirinaki Cycleway	23. NCC confirmed their commitment; however, they advise they will need to delay land negotiations until they have resource available to do this work.	Asset Management Regional Projects
COVID fast-track consenting – ‘Riverbend Residential Development’	24. Environment Minister approved developers’ request to use streamlined consenting process under the COVID-19 Recovery (fast-track consenting) Referred Projects Order 2020 for the Riverbend residential development. 25. Applicants are required to prepare detailed application and assessment of options and effects, including those relating to variety of HBRC interests (e.g. natural hazards, land transport, productive land, strategic urban growth, stormwater infrastructure etc). 26. Consent process is being administered by the Environmental Protection Authority (EPA). HBRC will be involved as a party/submitter – not the decision-maker. 27. There has been no further engagement with the Regional Council on this project.	Policy & Regulation Consents, Schemes, Policy & Planning, HBCDEM, etc.
Tūtira Freshwater Improvement Fund Project	28. Following completion of detailed engineering design to remediate the bed/bank erosion of the lower Kahikanui Stream, work will be undertaken by HBRC Works Groups - scheduled to begin on 24 January 2022. 28. Draft detailed design of the proposed Guthrie Smith wetland development have been completed and an archaeological survey for the site is now being completed ahead of applying for resource consent. 29. The lake is still deemed suitable for swimming. This will be the first Christmas period that the Council will apply the new adaptive risk framework based on multiple monitoring indicators. These include real-time data from the buoy (fast results from all lake depths, but less confidence for any particular reading) with weekly hand-held sensor readings as part of the bathing beaches run (from multiple swimming points on lake). Routine monthly laboratory analysis continue (slower results, most confidence). Results will be constantly reviewed and interpreted cautiously. If a heightened algal bloom risk is detected, an advisory against swimming may be needed – at a time when lake use may be high.	ICM – Catchment Delivery
3D Aquifer Mapping (SkyTEM)	30. Processing and modelling for the Ruataniwha Plains is progressing. 31. Reports drafted and in review for the SkyTEM exploratory drilling on the Ruataniwha plains. 32. Video media being created for the drilling project related to SkyTEM progressing. 33. Release 1 of StoryMap draft completed and awaiting final review from Comms – to be released in February 2022. 34. Online portal development for exploring SkyTEM results finalised and incorporated into StoryMap.	ICM – Environmental Science
3D Aquifer Mapping (SkyTEM)	35. Report finalised for SkyTEM exploratory drilling on the Heretaunga plains – well 17137, Morley Road, Heretaunga Plains. 36. Report finalised for the Heretaunga plains data processing and resistivity models. 37. Report finalised for the interpretation of the Poukawa and Otane Basin resistivity models. 38. Online Portal development for exploring SkyTEM results finalised and incorporated into StoryMap. 39. Report drafted and in review for Heretaunga plains data and model inventory related to SkyTEM. 40. Processing and modelling resistivity for the Ruataniwha plains is progressing. 41. Video media being created for the drilling project related to SkyTEM progressing. 42. Release 1 of StoryMap draft completed and awaiting final review from Comms – to be released in February 2022.	ICM – Environmental Science
Haumoana Ponds	43. A memo on investigation into the source of odour and water quality problems in the Haumoana ponds will soon be circulated to active members of the community. The investigation concludes the problems may be related to discharges from septic tanks. While there is no evidence of direct sewerage contamination or immediate public health risk, nutrients and contaminants from septic systems may be making their way into the ponds and fuelling gross eutrophication, generating decaying organic matter and creating odours. Science have concluded all of the planned investigations, and compliance will be following up with the community in due course.	ICM- Environmental Science

Southern Catchments
Project /Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
Upper Tukituki Flood Control Scheme	44. Two preferred tenderers have been contacted to undertake tranche 1 of extraction on Tukipo and Makaretu rivers, 116,000m³. Contract awarding is due early February 2022 pending tender confirmation. 45. Request for Tender on Tranche 2 due to be draftedin late February 2022.	Asset Management Regional Projects, Schemes
Lake Whatumā Protection and Enhancement Project	46. A project plan has been established to support the Whatumā Management Group through a programme of subsidised works targeting willow removal, pest plant and animal control, and native planting with works to begin this summer.	ICM – Catchment Delivery
Te Ikatiere Management Plan	47. A contractor has been engaged to complete a management plan for HBRC’s coastal property at Aramoana ‘Te Ikatiere’. This is currently forecast to be complete in February 2022.	ICM – Catchment Delivery

Whole of Region
Project /Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
Outstanding Waterbodies Proposed Plan Change 7	48. A hui was held on the 24 November 2021 with representatives of the Māori Trustees for Poukawa Moana to enable them to present evidence to staff in support of their appeal. 49. Further mediation will take place in February 2022. 50. A further report date of the 14 March 2022 has been granted by the Court to enable further mediation to occur.	Policy & Regulation Policy & Planning
Presentations at FLRC Conference	51. The Farmed Landscapes Research Centre Conference (FLRC) is being held in Palmerston North form 9-11 February 2022. 52. HBRC presentations will cover: 52.1 Our approach to building communities of action in catchments (working with catchment groups). 52.2 Development of a risk matrix approach to indicate potential for nitrogen loss in different properties in the absence of Overseer.	Catchments Policy Implementation and Regulatory Policy Implementation
Hill Country Erosion (HCE) Fund	HCE Key activities February: 53. Finalising nursery development milestones to HCE contract. 54. Review of HCE budget with MPI inclusive of variations. 55. Employment and Induction of new nursery assistant. 56. Review and employment of the former HCE workshop co-ordinator. Key Milestones 57. Finalise budget for additional HCE funded re-development work. 58. Confirmation of HCEP next round of funding and application open/close dates. 59. Finalisation of the nursery work plan and deadlines for 2022-23 with Works group. Events: 60. NIWA riparian management course – 23, 24 Feb 2022.	ICM – Catchment Delivery
LiDAR tools project	61. The contract for LiDAR products was expected to be finalised by December 2021, but has been delayed due to resignation of the HBRC project leader. This may delay project commencement by a couple of weeks, which is considered acceptable for this two-year project. 62. Having completed LiDAR data collection for the region, we are working in partnership with Manaaki Whenua Landcare Research to produce new tools to make best use of this data.	ICM – Environmental Science
Radio upgrade	63. Radio purchasing and testing to install new radio system to collect data.	ICM – Environmental Information
Low flows	64. New radars being installed to give us better knowledge at low flow river sites.	ICM – Environmental Information
Lysimeters	65. Four Lysimeters sites being decommissioned and removed	ICM – Environmental Information
Right Tree Right Place	66. With the The Nature Conservancy (TNC) project manager now appointed, detailed project plans have been completed identifying tasks, timelines, resourcing, and responsibilities. This has enabled an update of the Procurement Plan and farm, forestry and other consultancies will now be selected. 67. Relationships are being formalised with several likely pilot farms in Central Hawke’s Bay (CHB). Farm/forestry plans have been completed on one farm with two others about to start this work. The Catchment Delivery team will help identify properties in northern Hawke’s Bay. 68. Seedling lead times are in the order of several years. However, small quantities are in the process of being secured for initial planting starting in 2022. Further work is required to identify options to improve supply chains, which will be discussed with Council over the coming months. 69. Recent media coverage is being well received with Farmers Weekly and National Business Review (NBR) articles following the announcement of the TNC partnership. Engagement with landowners will increase in Feb/Mar 2022, spearheaded by a survey of landowners and supported by direct follow up by the Catchment Delivery Team.	ICM – Catchment Delivery

PMO: Strategic Projects & Key BAU Programme Reporting

Eighteen key strategic (or change) projects/ BAU programmes will now be tracked by the Project Management Office (PMO) and shared monthly throughout the lifecycle of these projects. These projects have been selected because of their significance in terms of investment, risks, benefits, and interdependencies.

*Risk is inherent vs residual risk (i.e., RAG status prior to mitigations and controls implemented).

Performance Indicators: Green = On Track, Amber = At Risk, Red = Off Track, Grey = Not started/On hold

Status Change Keys:

	Project/ Programme Title	Schedule	Risks*	Budget	Comment	Status Change
1	Right Tree Right Place Pilot				With detailed project planning work alongside TNC complete, procurement of farm/forestry consultancies is now a priority. Farm selection criteria updated to include Regen Ag aspects and signed off at project Steering GRP meeting in mid-Dec. Detailed farm planning work and farmer engagement to be undertaken from March, which will inform the business case into potential scaled up investment in the project. Progressing Memorandum of Understanding (MoU) with initial pilot farm requires legal/commercial input. Initiating farm/ forestry assessments on other farms. Seedling shortages and other supply chain challenges to be investigated. Work with Catchment Delivery Team (CDT) to identify pilot farms in Northern Hawke’s Bay during Feb/Mar 2022. Need to resolve resourcing for science and environmental monitoring. Meetings with MPI and other ministries re partnership being set up.	Updated since 6 Dec
2	Regional Water Security Programme: Project 1: Heretaunga Water Storage				Primary strategic focus for H2 (half year) 2021-2022 is development of a full feasibility strategy and procurement plan for Council and PDU approval upper-catchment. Advanced pre-feasibility GeoTech investigations completed, and independent peer review first draft received and discussed with providers on 11 Jan 2022. Ecological Assessments underway. Mangaroa Marae walkover took place on 12 Jan 2022. Korongota Marae engagement strategy underway.	Updated since 6 Dec
	Project 2: Managed Aquifer Recharge				Technical workstreams for consenting completed. Mana whenua engagement for Cultural Impact Assessment, and subsequent site visits took place on Nov/Dec. Preferred site potentially impacted by location of new infrastructure by landowner (a risk we were proactively managing). Alternatives available. RWSS 2.0 soft launched in Dec, which will create significant risks and opportunities for MAR consenting.	Updated since 6 Dec
	Project 3: Regional Water Assessment				The Regional Water Assessment Interim Report (draft) shared with Councillors and Executive at 24 Dec 2021. Workshop. A very rough first cut of Water Asset Accounts received on 23 Dec 2021. Meetings with key water management staff at CHBDC, HDC and NCC scheduled for January 2022.	Updated since 6 Dec
3	Ahuriri Regional Park				New dedicated project manager to be appointed by NCC. Project scope needs to be fully defined with NCC. Focus for the next year is to clarify vision, scope, and reconnect with Mana Ahuriri. Three Waters Reform may impact. Proposal to pull budget forward from yr 3 of LTP in order to plan and execute preliminary work under consideration as part of the Annual Plan.	No change since 24 Nov 2021
4	Clifton to Tangoio Coastal Hazards Strategy Implementation				In principle decision for HBRC to take a leadership role in the implementation of the strategy made subject to conditions. Internal review scoped. Draft Memorandum of Transition (MoT) awaiting Joint Committee and Council’s approval. S16 consultation scheduled for May 2022.	No change since 24 Nov 2021
5	On-demand Public Transport				Progress on the project is on track. Buses are likely to be ready by May 2022 for an early June start date. Strategies are being developed to keep public transport access available for bus users with no direct access to the app or a phone by running a fixed off peak route using an on demand bus. Branding and comms/engagement plan are close to completion. Risk and schedule remain amber due to uncertainty over restrictions of movement with COVID (in line with HBRC risk reporting and Omicron). Budget has changed from green to amber due to the fixed school route needing to be operational from start of Term 2 rather than at start of trial.	Updated since 6 Dec
6	Kotahi Plan				Following the Governors Strategic Workshop on the 1 Dec 2021 a further rescheduled hui will be held on 18 Jan 2022 between the tangata whenua reps of the RPC and the Māori Committee to further discuss and agree how they might support this work.	Updated since 6 Dec
6	Kotahi: Mohaka Plan Change				Ngāti Pahauwera and consultants continue to work on the Māori-led workstream and agreed outputs. A further hui is planned for late January with the leaders rōpū to provide feedback and approve the pou work and some of the early TMOTW, values and long-term vision drafting. Once this has been through the rōpū approval process this will be shared more widely with HBRC staff and the RPC. Despite COVID disruptions this is running close to schedule.	Updated since 6 Dec
7	Tukituki Plan Policy Implementation				The first Tukituki production land use consents have now been issued. Still some capacity issues with providers.	Updated since 6 Dec
7	Farm Environmental Management Plans (FEMPs)				FEMP resubmissions were due on 31 May 2021. To date, just over 50% of FEMP resubmissions have been received. 34 properties are being followed up by compliance team. For all other properties yet to resubmit a FEMP, the providers or property owners will be contacted in January 2022. Provider capacity, consent prioritisation and the review of Overseer have caused delays. With only 50% of FEMPs received, schedule and risk moved to red from orange.	Updated since 6 Dec
8	Financial Upgrade Systems and Efficiencies (FUSE)				Jessica Ellerm has now transitioned into the Acting CFO role and will be playing a more active role in aiding the finance team through the adoption of the technology and resolving technical and configuration issues and challenges that the team are facing. Intention to update the C&S committee in Q1 2022. We are seeing some real successes primarily in the enterprise budgeting module which has performed extremely well in preparing the FY2022-2023 Annual Plan budget model. This is a complete business transformation project, not strictly a finance system implementation and process maturity and review will continue to require time and effort right across the organisation for some time.	No change since 24 Nov 2021
9	Te Karamu Catchment Plan			N/A	This role is currently in the recruitment process. Currently behind schedule to fill this position and commence development of plan.	Updated since 6 Dec
10	Ahuriri Catchment Plan			N/A	This role is currently in the recruitment process. Currently behind schedule to fill this position and commence development of plan.	Updated since 6 Dec
11	TANK Plan Change				Budget currently sitting at $4.5m spent to date. Unclear yet whether further caucusing is required following the Hearing held 27 September 2021 with Ngāti Kahungunu Iwi Inc (NKII) and Te Taiwhenua o Heretaunga (TToH). A draft decision is anticipated in late December 2021/January 2022.	Updated since 6 Dec
11	Tank Plan Implementation				Communications plan and pilot materials to be developed and tested, in consultation with the Kotahi programme.	No change since 24 Nov 2021
12	Erosion Control Scheme (ECS) Programme (incl. Soil Conservation Nursery & HCEF)				Capacity and capability, due to shortage in labour market and increasing demand, quality of targeted plants available and rising material costs e.g., fencing materials. Staff working hard to allocate last of the 2021-2022 budget, only fencing projects available given the time of year and time left – fencer availability is problematic.	No change since 6 Dec 2021
13	Water Efficiency Programme Review (Future Water Use)				Dan Bloomer contracted to undertake scoping work and interviews with significant water users in conjunction with Regional Water Assessment engagements. Territorial Authorities (TAs), industry workshop is being held on 15 Feb 2022.	Updated since 6 Dec 2021
14	Ecosystem Prioritisation: Terrestrial				There has been a slight delay in getting the fencing underway due to procurement processes. All sites should still be completed this financial year.	No change since 24 Nov 2021
15	Partial Pest Plan Review				Biosecurity working party established and first workshop held. Independent expert being identified. External stakeholder engagement initiated, with stakeholders booked into discussions over next six weeks. Proposal in progress and currently undergoing edits from an external provider. Establishing communications strategy for community engagement, mediums such as radio and video identified as preferable.	Updated since 6 Dec 2021
16	Flood Control & Drainage Scheme – IRG: Heretaunga Flood Control & Drainage Scheme Levels of Service				Risks being managed are resource availability (consultants and contractors), COVID-19 programme delays and archaeological findings that may cause delay. Physical works have commenced and are ongoing at Taradale. All investigation complete for Moteo, East Clive, Ngatarawa and Roys Hill are complete. Construction for these sites is due to commence in Oct 2022.	Updated since 6 Dec 2021
	Flood Control & Drainage Scheme – IRG: Upper Tukituki Flood Control Scheme				Risks being managed are market engagement, achieving targeted extraction volumes within allocated budget and funding timeframe, COVID-19 programme delays. First round tender has four submissions, demonstrating active market engagement. Tender assessment planned for week of 17 January 2022, with negotiation and first contracts awarded thereafter.	Updated since 6 Dec 2021
	Flood Control & Drainage Scheme – IRG: Wairoa River, River Parade Erosion				Risks being managed are COVID-19 programme delays (Covid worksite protocols) for working in the new Covid traffic light system Wairoa currently a RED ZONE, Temporary Traffic management in place awaiting guardrail to be installed (24-28 Jan 2022). Planting scheduled for autumn.	Updated since 6 Dec 2021
17	Revenue & Financing Policy/ Rates Review (incl. Scheme Rating Reviews)				This project has not started, and will commence upon the appointment of new CFO.
18	Enterprise Asset Management				This project is due to commence in Feb 2022.

Project Summaries

1	Right Tree Right Place Pilot on up to five farms to understand the detail set-up costs, partnership, and delivery options. Under the trial, we would offer a loan to landowners to plant trees on their erodible land. Opportunities being explored with The Nature Conservancy.
2	Regional Water Security Programme PGF funding has allowed us to investigate water supply options through two projects: Heretaunga Water Storage and Managed Aquifer Recharge in Central Hawke’s Bay. A 50-year Regional Water Assessment will inform the work, including regional water supply and demand into a future challenged by climate change.
3	Ahuriri Regional Park Working alongside NCC to redevelop the Lagoon Farm site into a Regional Park will allow for stormwater detention and wetland treatment for improved environmental outcomes, as well as providing cultural, educational, and recreational opportunities.
4	Clifton to Tangoio Coastal Hazards Strategy Implementation Working with HDC and NCC to implement the long-term (100 year) adaptive strategy for responding to coastal erosion and coastal inundation in priority areas of the coast between Clifton and Tangoio.
5	On-Demand Public Transport A new form of public transport that replaces fixed routes with an on-demand service. This will be a trial in Hastings which uses innovation and technology to lower the region’s transport emissions, provide better transport choices for the community and will give more equitable access to public transport.
6	Kotahi Is a combined resource management plan for the Hawkes Bay region. The Regional Policy Statement and Regional Plan combined, and the Regional Coastal Environment Plan are due for review. In addition, the NPSFM 2020 requires us to develop a plan to give effect to Te Mana o Te Wai.
7	Tukituki Plan Policy Implementation Implementation of statutory deliverables related to the Tukituki Plan, with particular focus on changes arising from the Government’s response to the Science Advisory Panel’s review of Overseer. Farm Environmental Management Plans (FEMPs) FEMPs aim to address environmental outcomes and actions to improve environmental performance on properties over 4ha within the Tukituki region at this stage 3 yearly submission cycle – first resubmission was due 31 May 2021.
8	Financial Upgrade Systems and Efficiencies (FUSE) The implementation of the new financial system TechOne. FUSE will standardise processes, and improve transparency and accessibility of financial data, and financial process efficiencies.
9	Te Karamu Catchment Plan The new plan will collate intelligence on all parties and their activities in the Karamu Catchment. This will be utilised to provide visibility on activities within the catchment and identify options to influence for improved water quality and biodiversity outcomes.
10	Ahuriri Catchment Plan The new plan will collate intelligence on all parties and their activities in the Ahuriri catchment. This will be utilised to provide visibility on activities within the catchment and identify options to influence for improved water quality and biodiversity outcomes.
11	TANK Plan Change (Policy) Proposed TANK Plan Change (PPC9) will add new rules to the Regional Resource Management Plan to manage water quality and quantity for the Tūtaekurī, Ahuriri, Ngaruroro and Karamū (TANK) catchments. TANK Plan Change (Implementation): TANK Subcatchments Community Engagement An external comms project, intended to inform rural landowners about the PC9 framework and to promote catchment group formation. It is a precursor to the overall PC9 Implementation, the latter contingent on a decision awaited from Hearings Commissioners and any subsequent appeals.
12	The Erosion Control Scheme (ECS) Provides access to a grant for Hawke's Bay landholders to implement soil conservation measures on highly erodible land, keeping soil on the hills and out of waterways. It provides significant financial support for erosion control work such as non-commercial tree planting, protection fencing, land retirement and assisted reversion. Hill Country Erosion Fund (HCEF) Is Central Government funding to support ECS activities and events that are targeted at educating and supporting staff and landowners with the reduction of hill country erosion. Soil Conservation Nursery The primary purpose of the nursery is to grow poplar and willow poles for erosion control and are managed primarily for the ECS and Works Group, river control plantings.
13	Future Water Use ‘Future Water Use’ – making better use or the water we have to complement water storage. Work with water users to drive more efficient and effective use to complement water storage.
14	Ecosystem Prioritisation: Terrestrial This programme focuses on protecting and enhancing 700 Ecosystem Prioritisation sites across the region. To achieve this, we have partnered with internal and external stakeholders alongside land occupiers. The main actions are deer fencing, pest plant and animal control and some enhancement planting. Ecosystem Prioritisation: Coastal and Marine The Coastal and Marine team have undertaken scientific investigations to identify biodiversity prioritisation sites off the coast of Mahia and Clive, using Zonation software to inform spatial management. The outcomes and recommendations have been concluded and can now move forward to implementation phase.
15	Partial Pest Plan Review Investigating changing the current Possum Control Area Programme from an occupier responsibility model to a large-scale contract model. A contracting model will secure the continued success long term of the outcomes delivered by low possum numbers and increase the biodiversity benefits from consistently low possum numbers.

Enforcement Actions
70. There are 13 active prosecutions before the court, at various stages therefore not able to comment publicly on. There are 3 further investigations in progress likely to lead to prosecution.
Date	Type of Enforcement Action	Status
Sep 2021	Burning prohibited items	Before the court
Date	Type of Enforcement Action	Status
Jun 2021	Discharge to land/water	Before the court
Apr 2021	Contravention enforcement order	Before the court
Feb 2021	Discharge to land that may enter water	Before the court – Plea to enter
Jan 2021	Discharge to air - odour	Before the court – Plea to enter
Nov 2020	Burning prohibited items	Before the court – NG
Nov 2020	Discharge to land that may enter water	Before the court – NG
Jul 2020	Discharge to land that may enter water	Before the court – NG
Jun 2020	Burning prohibited items	Before the court – awaiting Sentencing
Jun 2020	Discharge to land that may enter water	Before the court – NG
Jun 2020	Discharge to land that may enter water	Before the court – NG
Mar 2020	Discharge to land that may enter water	Before the court – NG
Jun 2019	Burning prohibited items	Before the court – awaiting sentencing
Environment Court Processes
Date	Type of Process	Status
January 2022	Outstanding Water Bodies Plan Change (PC7) (three appeals on Independent Panel’s decisions made on behalf of the Regional Council).	Preliminary mediation session held on 27 October 2021. Further mediation is due to commence the week of 21 February 2022.
	Appeals to the Draft Water Conservation Order application for Ngaruroro River	Before the court.

Decision Making Process

2. 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 Māori Committee receives and notes the “Significant organisational activities looking forward through February 2022” staff report.

Authored by:

Janine Barber

Principal Scientist Groundwater Quality

Michael Bassett-Foss

RTRP Project Manager

Allan Beer

Team Leader Biosecurity - Animal Pests

Sarah Bell

Team Leader Strategy & Performance

Jack Blunden

Team Leader Compliance - Urban & Industrial

Vicki Butterworth

Cycle Network Coordinator

Desiree Cull

Strategy & Governance Manager

Peter Davis

Manager Environmental Information

Tania Diack

Team Leader Consents

Ben Douglas

Forest Management Advisor

Ceri Edmonds

Manager Policy and Planning

Russell Engelke

Team Leader Open Spaces

Craig Goodier

Principal Engineer

Martina Groves

Manager Regional Assets

Sandy Haidekker

Senior Scientist

Belinda Harper

Senior Planner

Simon Harper

Senior Scientist

Nathan Heath

Area Manager Northern Hawke's Bay

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Rob Hogan

Manager Compliance

Gavin Ide

Principal Advisor Strategic Planning

David Keracher

Manager Regional Projects

Dr Kathleen Kozyniak

Principal Scientist (Air)

Campbell Leckie

Manager Catchment Services

Anna Madarasz-Smith

Team Leader Marine, Air and Land Science

Lynn McCowan

Executive Assistant Integrated Catchment Management

Alice McNatty

Team Leader Pest Plants and Marine Biosecurity

Julie-Anne McPhee

Senior Project Manager

Malcolm Miller

Manager Consents

Mark Mitchell

Team Leader Principal Advisor Biosecurity Biodiversity

Te Wairama Munro

Māori Engagement Coordinator

Thomas Petrie

Programme Manager Protection & Enhancement Projects

Brendan Powell

Manager Catchments Policy Implementation

Becky Shanahan

Senior Scientist Marine and Coasts

Dr Jeff Smith

Manager Science

Jolene Townshend

Senior Advisor Integrated Catchment Management

Richard Wakelin

Senior Catchment Advisor (Policy Implementation)

Mell Anderson

Project Manager Hill Country Erosion Scheme

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Chris Dolley

Group Manager Asset Management

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s

There are no attachments for this report.

1 ⇩	Kahungunu Executive taiwhenua report - Michelle McIlroy
2 ⇩	Te Taiwhenua Ahuriri Te Whanganui Orutu (TWO) - Peter Eden
3 ⇩	Te Taiwhenua o Heretaunga report - Marei Apatu

Topic	Raised by