MINUTES OF A meeting of the Regional Planning Committee
Date: Wednesday 16 February 2022
Time: 10.00am
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Venue:
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Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
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Present: Cr R Barker – Co-chair
A Tapine – Tātau Tātau o Te Wairoa
Trust – Co-chair
Cr
W Foley – Deputy Co-chair
A
Hiha – Mana Ahuriri Trust Deputy Co-chair
K
Brown – Te Kopere o te Iwi Hineuru (via Zoom)
Cr
C Foss
T
Hopmans – Maungaharuru Tangitū Trust (via Zoom)
L
Kele – Heretaunga Tamatea Settlement Trust
N
Kirikiri – Te Toi Kura O Waikaremoana (via Zoom)
Cr
N Kirton (via
Zoom)
Cr
C Lambert
M
Mohi – Ngati Tuwharetoa Hapu Forum
Cr
H Ormsby
K
Ropiha – Heretaunga Tamatea Settlement Trust
Cr
J Taylor
T
Thornton – Ngati Pahauwera Development & Tiaki Trusts
Cr
J van Beek
Cr
M Williams
In Attendance: J Palmer – Chief
Executive
P
Munro – Te Pou Whakarae Māori Partnerships
K
Brunton – Group Manager Policy & Regulation
C
Edmonds – Manager Policy & Planning
R
Ellison – Independent Tangata Whenua Advisor (via Zoom)
G
Ide –Principal Advisor Strategic Planning
M
Miller – Manager Consents
A
Roets – Governance Advisor
1. Welcome/Karakia /Apologies/Notices
The Chair, Cr Rick Barker welcomed everyone and Pieri
Munro, Te Pou Whakarae, opened with a karakia, acknowledging the passing of
Joella Brown and Peter Paku late last year. The group joined in singing Pū
Rākau waiata.
The Chair acknowledged Liz Munroe for her contributions
to the Regional Planning Committee its work programme, and welcomed the new
Co-chair Apiata Tapine and Deputy Co-chair Allana Hiha.
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4.
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Welcome
to newly Appointed Tangata Whenua Representatives
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Apiata
Tapine invited the new members to introduce themselves.
Theresa
Thornton represents Ngati Pahauwera Development & Tiaki Trusts, replacing
Tania Huata.
Keri
Ropiha and Laura-Margaret Kele represent Heretaunga Tamatea Settlement Trust,
replacing Liz Munroe and Peter Paku.
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2. Conflict
of Interest Declarations
Cr Martin Williams declared an interest, as a Resource
Management Practitioner, in relation to Item 10 – February 2022 Statutory
Advocacy Update, specifically the Marine and Coast Area (Takutai Moana) Act
2011 and Water Conservation Order proceedings.
No
conflicts of interest were declared.
3. Confirmation
of Minutes of the Regional Planning Committee meeting held on 20 October 2021
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RPC1/22
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Resolution
Minutes of the Regional
Planning Committee held on Wednesday, 20 October 2021, a copy having been
circulated prior to the meeting, were taken as read and confirmed as a true
and correct record.
Tapine/Ormsby
CARRIED
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5.
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Follow-ups
from previous Regional Planning Committee meetings
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Pieri Munro introduced the item and
noted, in relation to PSGE agreement to the updated RPC Terms of Reference
agreed by the Committee in October 2019, that PSGEs still need to provide
their agreement in writing and that the Māori Partnerships Team will be
seeking assistance from those PSGE’s appointees to facilitate getting
responses as soon as possible.
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RPC2/22
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Resolution
That
the Regional Planning Committee receives the report “Follow-up Items
from Previous Meetings”.
Williams/Foley
CARRIED
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6.
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Call
for Minor Items not on the Agenda
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No items were raised.
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7.
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Tangata
Whenua Hearing Panel Commissioners' Conflicts of Interest Management
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Katrina Brunton introduced the item,
which originated from the Hearings Committee and has also been considered by
the Māori Committee. Discussions traversed:
·
Lack
of experienced local Hearings Panel commissioners due to infrequent consent
application Hearings
·
A
member of an iwi/hapū or who has whakapapa to parties involved in a Hearing
process will not necessarily have a conflict of interest; conflicts will
arise due to direct involvement in application or submission processes
·
A
clear framework is set to ensure HBRC is as inclusive as possible in terms of
Mana whenua involvement in hearing panels while ensuring conflicts of
interest are managed appropriately
·
Basic
conflict of interest principles apply, supported by legal advice
·
Tāngata
whenua identified a number of points and will work closely with staff to
bolster the framework to include tāngata whenua feedback. Discussion at
the 2 March 2022 Hearings Committee will consider the feedback from today and
from the Māori Committee.
· The Māori
Partnerships team has been working alongside staff to develop the framework
and this item.
· Opportunities to
undertake the “Makings Good decisions” course and the renewal
training will be distributed to the Committee members.
· A schedule of work
anticipated for the Hearings Committee over the next 12 months will be
presented on 2 March 2022
· Conflicts of interest in
relation to relationship (or partnership) agreements between iwi and local
authorities are included in the process of setting up those agreements and
managed as a matter of course.
· Responsibility for
declaring a conflict of interest rests on the individual themselves and is not
a matter for the Council to declare. Council is, however, required to have a
Register of Interests on record for all of its Governors.
· The Māori
Partnerships team will continue to work with the Policy and Planning team to
grow capacity to enable more tāngata whenua representation on hearing
panels.
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RPC3/22
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Resolutions
That the Regional Planning 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, incorporating the feedback
provided by Committee members today.
Foss/Taylor
CARRIED
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9.
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Policy
Projects update
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Ceri Edmonds introduced the item which
was taken as read. Discussions noted:
· New information are
highlighted in red
· PC7 Outstanding Waterbodies
Plan Change is currently in mediation, with a further mediation meeting
scheduled next week.
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RPC5/22
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Resolution
That the
Regional Planning Committee receives and notes the Policy
Projects Update” staff report.
Hiha/van Beek
CARRIED
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11.
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Verbal
Update on the Central Government Programme of Reforms
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Gavin Ide provided an overview of the various
Government reforms affecting local government and tabled a diagram prepared
by Department of Internal Affairs (available at https://www.lgnz.co.nz/assets/PDFs/Central-government-reforms-impacting-on-local-government.pdf?vid=4 ). Discussion focussed
on:
· Timing of the Government’s
Resource Management system reforms, including when the three new Bills that
will replace the RMA will come into effect.
· Importance of upholding intent of the
Planning Committee Act 2015 in the new system
· Staff from across Council have been
involved in discussions with Government officials throughout the development
of the new legislation.
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RPC7/22
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Resolution
That the Regional
Planning Committee receives and notes the “Update on the Central
Government Programme of Reforms” verbal report and presentation.
Kele/Ormsby
CARRIED
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12.
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Discussion
of Minor Matters not on the Agenda
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No items raised for discussion.
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Pieri Munro closed the meeting with a
karakia.
Closure:
There
being no further business the Chairman declared the meeting closed at 11.30am
on Wednesday, 16 February 2022.
Signed as a true and correct record.
DATE:
................................................ CHAIRMAN:
...............................................
