Agenda of Biosecurity Working Party - Thursday, 16 June 2022

Hawke’s Bay Regional Council

Biosecurity Working Party

16 June 2022

Subject: Possum Control Area Partial RPMP Review proposal for consultation

Reason for Report

1. This item provides the Biosecurity Working Party’s (BWP) recommendation to Council to adopt the Regional Pest Management Plan (RPMP) proposal for consultation, in accordance with the BWP Terms of Reference.

Executive Summary

2. Staff are proposing to transition the Possum Control Area programme (PCA programme) from land occupier responsibility to contractor delivery. To achieve this, a partial plan review is required to amend the RPMP. A key step in this review process is to publicly notify a proposal under Sections 70-71 of the Biosecurity Act 1993. This proposal outlines why the change to possum control is being proposed, what changes are required to the RPMP and broadly what benefits and challenges are associated with the proposed change.

3. The BWP has contributed to the drafting of this document and recommends its adoption by Council for public consultation.

Background

4. The Hawke’s Bay Regional Pest Management Plan is the main statutory document for implementing pest control in the Hawke’s Bay region and is underpinned by the Biosecurity Act 1993. The PCA programme sits within this framework and is a crucial regional scale programme that drives significant benefit to biodiversity across the region.

5. A s17a LGA efficiency and effectiveness review undertaken in August 2020 assessed several key programmes within the RPMP. It identified that the current PCA programme was both under-resourced (relative to other similar programmes in other regions) and had inherent delivery challenges using the current occupier responsibility model for possum control.

6. A detailed review of the PCA programme was undertaken in August 2020 which recommended that the Hawke’s Bay Regional Council should move to a contractor-based model for possum control, and a funding options analysis should be undertaken to assess the beneficiaries and exacerbators of the programme to determine the most appropriate funding model. These considerations will affect how the financial impact of any new approach to possum control would be spread across the community.

7. Council considered this report in May 2021 and instructed staff to proceed with formally reviewing the PCA programme. Staff were instructed to develop a proposal, under section 70 of the Biosecurity Act 1993, that includes an analysis of the costs, benefits, and funding models for a contractor-based model for possum management in Hawke’s Bay. This proposal would form the basis of the public consultation required.

8. Staff initiated the review process and the biosecurity working party was established to provide guidance during the process. Cr Will Foley was elected chair of the BWP at its first meeting on 7 December 2021. Further to this a cost benefit analysis and cost allocation process has been completed, a communications plan created, and a proposal drafted.

9. At a workshop in December 2021 Council provided guidance on both funding and implementation timeframes for large scale contracting. It was recommended that any changes to funding needed to be considered alongside other rating impacts across the organisation. This process will be undertaken as part of the upcoming Revenue and Financing policy review.

10. Council also provided guidance that there was no additional scope to increase rates over the next two years to begin the implementation of large-scale possum contracting. This implementation would begin in July 2024 subject to it having been approved through the 2024-2034 Long Term Plan process.

11. Factoring in the above funding and implementation timelines, staff have drafted a proposal to amend the RPMP to be able to implement large scale possum contracting. It is recommended that further consultation on the proposal is undertaken, as per section 72 of the Biosecurity Act 1993. The proposal outlines why the change to possum control is being proposed, what changes are required to the RPMP and broadly what the benefits and challenges associated with the change are.

12. Staff have received legal advice on the form of the proposal and the process or steps to undertake the partial plan review. This legal advice has been incorporated into the proposal. In addition, staff have worked with an experienced policy consultant, Kevin Collins, who also undertook the initial review of the Possum Control programme in 2020-2021.

Process under the Biosecurity Act 1993

13. Before taking the next step in the review process, the Council must be satisfied that:

13.1. The Proposal sets out the matters listed in section 70 of the Act

13.2. The requirements in section 71 of the Act have been met

13.3. Sufficient consultation under section 72 of the Act has taken place or more consultation is required.

14. An analysis has been undertaken to assess the Proposal against sections 70 and 71 of the Act and is set out in Attachment 2. This analysis steps through each of the requirements and concludes that the Proposal, together with the supporting cost benefit analysis, complies with sections 70 and 71.

15. Section 72 of the Act sets out the requirements as to consultation on the Proposal. It requires the Council to consider whether it is satisfied that:

15.1. If Ministers’ responsibilities may be affected by the plan, the Ministers have been consulted

15.2. If local authorities’ responsibilities may be affected by the plan, the authorities have been consulted

15.3. That the tangata whenua of the area who may be affected by the plan were consulted through iwi authorities and tribal rūnanga

15.4. If consultation with other persons is appropriate, sufficient consultation has occurred.

16. In considering whether the Council is satisfied of these matters, the Council must have regard to:

16.1. The scale and impacts on persons who are likely to be affected by the plan

16.2. Whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of consultation

16.3. The level of support for, or opposition to, the proposal from persons who are likely to be affected by it.

17. If the Council is not satisfied that sufficient consultation has occurred, it may require further consultation to be undertaken on the proposal. If that is the case, it must determine the way in which further consultation must be undertaken. Under the Act consultation can be undertaken through public notification of the Proposal and the receipt of submissions.

18. External stakeholder engagement has already commenced, with key stakeholders contacted and advised on potential changes. Further consultation will take place on a broader scale with social media and other platforms, as well as part of the Long-Term Plan amendment / annual plan process.

19. There are likely to be members of the wider public who are potentially affected by the proposal and who have not been consulted with. Given this, together with the potential scale and impacts on these persons and the level of potential support for or opposition to the proposal these persons may have, it is recommended that further consultation on the proposal be undertaken. It is recommended that the proposal be publicly notified for submissions, and a hearing be held, so that potentially affected persons have an opportunity to have their say on the proposal.

Strategic Fit

20. The PCA programme sits within the RPMP. The RPMP plays an important role in achieving both the Biodiversity and Land strategic outcomes and goals in the Hawke’s Bay Regional Council’s (HBRC) Strategic Plan 2020-2025.

21. Failing to achieve the RPMP objectives and level of service measures for the PCA programme could affect achieving the strategic outcomes and goals in the HBRC Strategic Plan 2020-2025 for Biodiversity and Land.

Considerations of Tangata Whenua

22. Staff consider that tangata whenua will have a strong interest in this topic and will be engaged as part of the consultation process.

23. If Council agrees to the staff recommendation, engagement with tangata whenua will occur as part of the development of the partial plan review process and associated changes to the Council’s Long Term Plan.

Financial and Resource Implications

24. The existing funding split for this programme is 70% targeted rate, 30% general rate. Given the primary driver of this programme is biodiversity, it is recommended that the funding split is substantially changed to account for this. It is proposed that the programme is primarily funded by a general rate (70%) with a smaller percentage of target rate (30%) to reflect the greater proportion of biodiversity benefits than production benefits. The funding split for this programme is also subject to the funding analysis required under the Local Government (Rating) Act 2002.

25. When determining the appropriate cost allocation for this programme, the Council must consider how the costs will be shared amongst:

25.1. Those people who have an interest in the plan

25.2. Those who benefit from the plan (including collective benefits), and

25.3. Those who contribute to the pest problem and who pose a risk of spreading a pest through their activities.

26. These factors have been considered as part of the development of this Proposal and will continue to be considered under section 100T of the Act when the funding split is confirmed as part of the review of the Revenue and Finance Policy. Consultation on the Revenue and Finance Policy review is due to commence in 2023.

Consultation

27. Public consultation on the change of mode for possum control delivery is required under Section 70-72 of the Biosecurity Act 1993. Whether Council is satisfied that sufficient consultation on the proposal has taken place is a judgement for Council to make. Previous RPMP review processes have included consultation with key stakeholders and the broader interested community have had access to the proposal with sufficient explanation around the changes to provide informed feedback.

28. Staff have had initial conversations with the Ministry for Primary Industries, Federated Farmers, Forestry groups and Beef and Lamb. These discussions were positive with general support for the potential change to possum control.

Decision Making Process under the LGA

29. 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:

29.1. This decision is in accordance with the Biosecurity Working Group’s Terms of Reference, specifically (2) the specific responsibilities of the Biosecurity Working Party (BWP) are:

29.1.1. To determine whether the Proposal meets the requirements of sections 70 and 71 of the BSA and make recommendations to the Regional Council on that

29.1.2. To approve the preparation of an amendment to the RPMP and which body is to be the management agency

29.2. The use of a public consultation process is required by the Biosecurity Act for amending the HBRC Regional Pest Management Plan.

Recommendations

1. That the Biosecurity Working Party:

1.1. Receives and considers the Possum Control Area Partial RPMP Review - Proposal for consultation.

1.2. Confirms that it is satisfied that section 70 of the Biosecurity Act 1993 has been complied with in relation to the Possum Control Area Partial RPMP Review Proposal.

1.3. Confirms that it is satisfied that the matters in section 71 of the Biosecurity Act 1993 have been addressed in relation to the Possum Control Area Partial RPMP Review Proposal.

2. The Biosecurity Working Party recommends that Hawke’s Bay Regional Council:

2.1. Notes that the use of a public consultation process is required by the Biosecurity Act for amending the HBRC Regional Pest Management Plan.

2.2. Agrees that section 70 of the Biosecurity Act 1993 has been complied with in relation to the Possum Control Area Partial RPMP Review Proposal.

2.3. Agrees that the matters in section 71 of the Biosecurity Act 1993 have been addressed in relation to the Possum Control Area Partial RPMP Review Proposal.

2.4. Agrees that the Possum Control Area Partial RPMP Review Proposal will be publicly notified on 1 July 2022 for a period of submissions until 31 July 2022 followed by a hearing of verbal submissions if required.

2.5. Authorises the Chief Executive to make alterations of minor effect or to correct any minor errors to the Possum Control Area Partial RPMP Review Proposal and supporting documents prior to public notification.

Authored by:

Mark Mitchell

Team Leader Principal Advisor Biosecurity Biodiversity

Lauren Simmonds

Project Manager - Biosecurity Review

Approved by:

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s

1 ⇩	HBRC Possum Control cost allocation report
2 ⇩	Public Consultation Document
3 ⇩	PCA Review letter
4 ⇩	Staff s70-71 analysis of RPMP partial plan review