Meeting of the Regional Planning Committee

 

Date:                       Wednesday 15 June 2022

Time:                      11.30am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Agenda

 

Item          Title                                                                                                                                           Page

 

1.            Welcome/Karakia/Notices/Apologies

2.            Conflict of Interest Declarations

3.            Confirmation of Minutes of the Regional Planning Committee held on 16 February 2022

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

5.            Call for minor items not on the Agenda                                                         7

Decision Items

6.            Regional Planning Committee Tangata Whenua Representation on Council’s Committees                                                                                         9

7.            Governance support for development of the Kotahi Plan                      21

8.            Operational Land Asset Policy                                                                        33

Information or Performance Monitoring

9.            Regional Water Security Programme update                                             79

10.          Policy Projects update                                                                                    103

11.          June 2022 Statutory Advocacy update                                                      109

12.          Verbal update on Government's programme of reforms

13.          Partnership survey                                                                                          117

14.          Discussion of minor matters not on the Agenda                                     119

 


Parking

 

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

 

Regional Planning Committee Members

 

Name

Represents

Karauna Brown

Te Kopere o te Iwi Hineuru

Tania Hopmans

Maungaharuru-Tangitu Trust

Theresa Thornton

Ngati Pahauwera Development and Tiaki Trusts

Nicky Kirikiri

Te Toi Kura o Waikaremoana

Allanah Hiha

Mana Ahuriri Trust

Mike Mohi

Ngati Tuwharetoa Hapu Forum

Laura-Margaret Kele

Heretaunga Tamatea Settlement Trust

Keri Ropiha

Heretaunga Tamatea Settlement Trust

Apiata Tapine

Tātau Tātau o Te Wairoa

Rick Barker

Hawke’s Bay Regional Council

Will Foley

Hawke’s Bay Regional Council

Craig Foss

Hawke’s Bay Regional Council

Neil Kirton

Hawke’s Bay Regional Council

Charles Lambert

Hawke’s Bay Regional Council

Hinewai Ormsby

Hawke’s Bay Regional Council

Jacqueline Taylor

Hawke’s Bay Regional Council

Martin Williams

Hawke’s Bay Regional Council

Jerf van Beek

Hawke’s Bay Regional Council

 

Total number of members = 18

 

Quorum and Voting Entitlements Under the Current Terms of Reference

 

Quorum (clause (i))

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

 

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

 

Voting Entitlement (clause (j))

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

 

Number of Committee members present                         Number required for 80% support

18                                                                                 14

17                                                                                 14

16                                                                                 13

15                                                                                 12

14                                                                                 11

 


Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject: Follow-ups from previous Regional Planning Committee meetings

 

Reason for Report

1.      On the list attached are items raised at Regional Planning Committee meetings that staff have followed up. All items indicate who is responsible for follow up, and a brief status comment. Once the items have been reported to the Committee they will be removed from the list.

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 Regional Planning Committee receives the report Follow-ups from previous RPC meetings.

 

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

1

Followups from previous RPC meetings

 

 

  


Followups from previous RPC meetings

Attachment 1

 

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Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject: Call for minor items not on the Agenda

 

Reason for Report

1.        This item provides the means for 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

That the Regional Planning Committee accepts the following Call for minor items not on the Agenda for discussion as Item 14.

 

Topic

Raised by

 

 

 

 

 

 

 

 

Leeanne Hooper

Governance Team Leader

James Palmer

Chief Executive

 


Hawke’s Bay Regional Council

Regional Planning Committee  

Wednesday 15 June 2022

Subject: Regional Planning Committee Tangata Whenua representation on Council’s Committees

 

Reason for Report

1.        This item provides the means for the Regional Planning Committee to confirm tangata whenua representative appointments to Council and its standing Committees.

Background

2.        Traditionally, the Council has had tangata whenua representatives of the RPC on:

2.1.         the Environment and Integrated Catchments Committee (1)

2.2.         the Corporate and Strategic Committee (1)

2.3.         the Hearings Committee (2 x RMA Making Good Decisions accredited).

3.        Statute does not allow for the provision of a voting appointment to the Council itself; however, a representative – usually the RPC tangata whenua Co-chair, with full speaking rights is also able to be appointed to attend Council meetings.

4.        Tangata whenua representatives provide tangata whenua views and valuable input into the issues considered by Council and Council committees, as well as providing feedback to the RPC on wider Council activities outside the scope of the RPC RMA functions.

Regional Planning Committee appointments to Council Committees

5.        The Tangata Whenua hui in March 2020 decided to nominate one member to represent the RPC on the Regional Council, Environment & Integrated Catchments (EICC) and Corporate & Strategic (C&S) committees. This was seen as a consistent move to ensure a seamless reporting process for both tangata whenua and the Council. Api Tapine is currently the appointed representative on Council, EICC and C&S.

6.        With the resignation of Tania Huata, there is the opportunity for the RPC to appoint a second representative on the Hearings Committee, alongside Mike Mohi.

7.        With several recent new tangata whenua appointments and the election of a new Co-chair and Deputy Co-chair there is also the opportunity for tangata whenua to discuss and decide the appointments to the Regional Council, EICC and C&S.

8.        The Terms of Reference for the Council committees are attached to aid tangata whenua representatives in considering whether they wish to express interest in representing the Regional Planning Committee on a particular committee.

Financial and Resource Implications

9.        The remuneration for tangata whenua representatives’ attendance at meetings other than the Regional Planning Committee itself is currently $452 per meeting, plus associated travel costs. This is paid upon submission of a travel claim form.

10.      This is considered to be fair and reasonable, and is the same remuneration paid to Māori Committee representatives performing the same roles. This per meeting remuneration is in addition to the remuneration paid for the role of tangata whenua Regional Planning Committee member, currently $13,750 per annum.

11.      This remuneration is within the budgets provided in the Māori Partnerships cost centre.

Decision Making Process

12.      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:

12.1.      The decision does not significantly alter the service provision or affect a strategic asset.

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

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

12.4.      The decision is not inconsistent with an existing policy or plan, and is within Council’s purview in accordance with:

12.4.1.      LGA s81(1) A local authority must (a) establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority, and (b) consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority.

12.5.      Given the nature and significance of the issue to be considered and decided, the Committee can exercise its discretion and make a decision without consulting directly with the community.

 

Recommendations

1.      That the Regional Regional Planning Committee considers the Regional Planning Committee Tangata Whenua representation on Council’s Committees staff report and nominates tangata whenua representatives to Council Committees as follows.

1.1.     ____________________ as a member of the Environment and Integrated Catchments Committee

1.2.     ____________________ as a member of the Corporate and Strategic Committee

1.3.     ____________________ as a member of the Hearings Committee in addition to Mike Mohi as previously appointed

1.4.     ____________________ as the representative on the Hawke’s Bay Regional Council, with speaking rights only.

2.      Confirms that the remuneration to be paid for attendance at Regional Council and Committee meetings is $452 per meeting plus associated travel cost reimbursement. This will be paid upon approval of an eligible travel claim form submitted by the tangata whenua representative.

3.      Recommends that Hawke’s Bay Regional Council:

3.1.     Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council 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.

3.2.     formally confirms the appointments above.

 

 

 

Authored by:                                                                     Approved by:

Leeanne Hooper

Team Leader Governance

Pieri Munro

Te Pou Whakarae

 

Attachment/s

1

2019-22 Environment and Integrated Catchments Committee Terms of Reference

 

 

2

2019-22 Corporate and Strategic Committee Terms of Reference

 

 

3

Hearings Committee Terms of Reference adopted 30 June 2021

 

 

  


2019-22 Environment and Integrated Catchments Committee Terms of Reference

Attachment 1

 

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2019-22 Corporate and Strategic Committee Terms of Reference

Attachment 2

 

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Hearings Committee Terms of Reference adopted 30 June 2021

Attachment 3

 

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Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject: Governance Support for development of the Kotahi Plan

 

Reason for Report

1.        At the All Governors wānanga on the 13 April 2022 Hawke’s Bay Regional Councillors, Māori Committee members and Regional Planning Committee Post Settlement Governance Entities (the Governors) agreed to work in partnership to develop our Regional Resource Management Plan – Kotahi.

2.        A formal commitment is sought from the Regional Planning Committee via this paper for this All Governors approach to support the development of Kotahi.  Similarly, a commitment was sought from the Māori Committee at their meeting on 8 June 2022.

Officers’ Recommendation

3.        Officers are seeking a formal commitment from the Elected Members (Councillors) and tāngata whenua representatives (Post Settlement Governance Entities (PSGE)) of the Regional Planning Committee to work in partnership with the Māori Committee members (taiwhenua) to lead out the Kotahi engagement with tāngata whenua and the community.

4.        Officers are seeking a formal commitment from the Regional Planning Committee to work in partnership with the Māori Committee and support their role in Kotahi, whereby the Māori Committee consider and endorse decisions prior to the Regional Planning Committee and Council formalising decisions through Committee.  Noting that these decisions are required to progress the development of the plan through to notification.

5.        Officers are seeking support for the diarising of several All Governors hui to enable workshops and decision-making.

Executive Summary

6.        At the All Governors wānanga on 13 April 2022 Hawke’s Bay Regional Councillors, Māori Committee members and Regional Planning Committee Post Settlement Governance Entities agreed to work in partnership to develop our Regional Resource Management Plan – Kotahi. 

7.        A formal commitment is now sought for this All Governors approach.  This requires a commitment from Governors to be involved in takiwā engagement with tāngata whenua and the community, leading the initial engagement alongside staff in the community and making critical decisions to support the plan options and plan notification.  This will be the first pou in the ground for Kotahi governance, a first marker of how we are going to work together.

8.        It is important to note that a similar paper was also presented to the Māori Committee on 8 June 2022.  The items for decision within this paper reflect a governance structure which is for both tāngata whenua Governors and tāngata Tiriti Governors.  The mana and integrity of each Committee is upheld, with Kotahi governance ensuring the entire Hawke’s Bay community is represented by the governance structure, engagement and decision making of the proposed Plan.  This governance structure acknowledges that as Governors, representation and accountability is not just to those parts of the community that have provided individuals with the mandate to be part of their respective committees, but to the community as a whole.

9.        Attached to this item is the Kotahi high level engagement timeline. This is intended to set out the critical milestones for engagement and decision-making for Governors - as discussed at the hui in April.

10.      Furthermore, this paper is seeking expressions of interest from Governors to be champions on the environmental topic working parties - again this was discussed at the wānanga in April.

Background /Discussion

11.      Kotahi will be the new resource management plan for Hawkes Bay and will combine the Regional Policy Statement, Regional Resource Management Plan and Regional Coastal Environment Plan.  Having one plan supports a holistic, ki uta ki tai (mountains to sea) approach to managing our natural and physical resources.  Kotahi will provide the direction for managing land and freshwater, air, coastal and marine environment, natural hazards, climate change, biodiversity, energy, transport and infrastructure and our urban environment.

12.      In addition to the review of these plans, under the Government’s Essential Freshwater Programme, new freshwater plans must be prepared that give effect to Te Mana o Te Wai. The National Policy Statement for Freshwater Management 2020 requires these freshwater plans to be notified by December 2024.  Because of this deadline, which has been set by the Government, there is a need to deliver Kotahi within a reasonably short timeframe.  Over the next three years the plan will be developed, with engagement with tāngata whenua and the community being the initial focus of this work.

13.      Kotahi will provide the policies and rules for how we manage the regions natural and physical resources.  The first step in the plan development process will require engagement with tāngata whenua and the community to understand the issues within the environment and the environmental outcomes which are being sought, taking a ki uta ki tai approach to environmental management through a broad but interconnected set of planning instruments.

The role of the Governors in the takiwā

14.      At the All Governors wānanga on the 13 April 2022 Hawkes Bay Regional Councillors, Regional Planning Committee Post Settlement Governance Entities and Māori Committee members agreed to work in partnership to develop Kotahi.  This agreement extended to providing support for this critical mahi through attendance at key meetings/hui to launch Kotahi and engage with tāngata whenua and the community within the takiwā.

15.      This was presented in draft as ‘Takiwā Governance’ (attachment 2) at the hui and identified the respective Councillors, PSGE appointees and Māori Committee members for each of the takiwā based on taiwhenua, settlement and constituency boundaries.  There was an indication at the hui that the Governors who had been identified in the slide required further discussion and agreement, particularly with respect to the PSGE representatives and Māori Committee members.  It was agreed that this would be discussed and determined ‘off-line’ amongst the tāngata whenua Governors.  This is to occur without any input or direction through a formal committee process.

16.      Once determined, it is anticipated that through this engagement the Governors will work together, listening to our communities to understand what they value about their environment and what the issues are in the takiwā.  The information and feedback from the engagement will inform the development of solutions to affect positive change and clearly set out a vision for our Hawkes Bay environment in the Plan.

17.      It is important to note that staff will support the Governors in this engagement process . They will be developing supporting information for circulation in advance so that Governors have the necessary information to support their involvement in meetings and to ensure that they are kept abreast of the topics and issues within the takiwā and region.

18.      A further commitment made by Hawke’s Bay Regional Council at the April wānanga was to resource technical advisors to mana whenua.  These technical advisors will work alongside staff to undertake the operational mahi which is required to ensure Kotahi meets its legislative requirements. Again, the appointment and selection of these advisors will be determined by the tāngata whenua Governors and does not require a formal decision to be made through committee.  This resource will be fundamental to the success of the plan development; it is not expected that the Governors will have the capacity to be involved in the day-to-day operational activity and this technical resource will ensure that the Māori world view is represented in the plan.

19.      Hawke’s Bay Regional Council will continue to hold discussions with the Ministry for the Environment requesting Government funding to support this element of the process.  It will also explore alternative resources and methods of support for mana whenua such as capability building.

20.      Regardless of whether additional funds become available from Government it should be noted that the budgets set within the current Long Term Plan for both the Policy and Planning workstream and Māori Partnerships will continue to be utilised.  It is acknowledged that the Māori Committee and Regional Planning Committee members will be remunerated for their involvement in this engagement process in recognition for their time, effort and expertise.

The Role of Regional Planning Committee in Decision-making

21.      The All Governance arrangement to lead and support Kotahi was supported by all members present at the hui on 13 April 2022.  It seeks to enhance the role of all Governors in the plan development process, enabling greater connection to the community through direct involvement in the engagement aspect of the Plan, as well as in the consideration of options, and, in turn, making decisions on those options.  This is a familiar function for the Regional Planning Committee and is set out in the Hawke’s Bay Regional Planning Committee Act 2015.  By working in partnership with the Māori Committee, and supporting their endorsement prior to the decisions being made, will strengthen the policy which will form the basis of Kotahi.  The intent of actively involving the Māori Committee in this process of plan development and decision-making is to ensure that the values, visions and environmental outcomes, in particular of marae and hapū who the taiwhenua have greatest connection with, are brought to the fore and ensures that Te Ao Māori is appropriately embedded in policy.

22.      The role and purpose of Regional Planning Committee persists. The purpose of the RPC is to oversee the development and review of the RMA documents prepared in accordance with the Resource Management Act 1991 for the region. Kotahi will be the single resource management document for the region. The RPC then, in turn, make recommendations to Council.  The HBRPC Act also sets out the function of the RPC, and these functions remain as set in the legislation.  The collaboration and partnership agreed upon by the Governors to support Kotahi does not diminish or extinguish the roles and functions of the RPC or the Council.

23.      As such, it is intended to unite the two committees (Māori Committee and RPC) through the creation of the All Governors hui within the Committee calendar, specifically for Kotahi workshops and decision-making.  A draft calendar of All Governors hui meeting dates is appended to this report (attachment 3).

Topic Champions

24.      The identification of ‘topic champions’ was also discussed at the hui and received support.  Staff will be calling for expressions of interest for Governors to champion a topic. The champions will be expected to attend working party meetings to discuss issues; be a conduit for takiwā leaders to bring issues to the working parties; and bring options and solutions back to the All Governors meetings for decisions to be made.  This will be additional work over and above the takiwā engagement.


 

Strategic Fit

25.      The four pillars of the Strategic Plan - Land and Freshwater, Biodiversity, Infrastructure and Services - are all aspects which will form part of Kotahi.  The objective to embed tāngata whenua values for all catchments in the Resource Management Plan by 2025 will be met through the development of Kotahi.  The support from both the PSGE representatives of the RPC and the Māori Committee in the engagement and decision-making for the plan will ensure that this strategic objective is met in way that is appropriate and respects Te Ao Māori.

Significance and Engagement Policy Assessment

26.      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.

Financial and Resource Implications

27.      The details of the funding available has not yet been confirmed as there are ongoing discussions with the Ministry for the Environment as to whether there is Government funding which might be forthcoming to support this element of the process.  Should additional funds not be available then the budgets set within the current Long Term Plan for both the Policy and Planning workstream and the Māori Partnerships budgets will be used.

28.      The details of the funding available has not yet been confirmed as there are ongoing discussions with the Ministry for the Environment as to whether there is central government funding which might be forthcoming to support this element of the process.  Should additional funds not be available then the budgets set within the current Long Term Plan for both the Policy & Planning workstream and the Māori Partnerships budgets will be utilised.

Decision Making Process

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

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

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

30.      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 Regional Planning Committee can exercise its discretion and make these decisions without consulting directly with the community or others having an interest in the decision.

 

Recommendations

That the Regional Planning Committee:

1.        Receives and considers the Governance support for development of the Kotahi Plan 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.        Agrees to work in partnership with the Māori Committee and elected council representatives to:

3.1.         lead out the Kotahi engagement with tāngata whenua and the community in the takiwā

3.2.         support the role of the Māori Committee to consider and endorse the decisions which are required to progress the development of the Kotahi Plan through to notification

3.3.         combine the Māori Committee and Regional Planning Committee meetings to form an All HBRC Governors group to workshop and make decisions on Kotahi.

 

Authored by:

Ceri Edmonds

Manager Policy & Planning

 

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Pieri Munro

Te Pou Whakarae

 

Attachment/s

1

Kotahi high level timeline

 

 

2

Takiwa Governance

 

 

3

June-December 22 proposed schedule

 

 

  


Kotahi high level timeline

Attachment 1

 



Takiwa Governance

Attachment 2

 

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June-December 22 proposed schedule

Attachment 3

 

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Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject:  Operational Land Asset Policy

 

Reason for Report

1.        This item seeks the endorsement of the Regional Planning Committee for Council to adopt the Operational Land Asset Policy.

Executive Summary

2.        This is a new Council policy, created to provide a framework for the assessment of and decisions on claims for the transfer of operational land holdings.

3.        The policy does not signal a review or changed position from the status quo on HBRC’s operational land holdings, but merely provides staff a mechanism for reviewing requests that are received from time to time.

4.        The policy may be used when Council has identified a parcel of land for review, or is responding to an external request to purchase, occupy, transfer or obtain an interest in operational land such as a lease, licence or easement.

5.        The policy considers key criteria when assessing any land or property asset and aligns with the strategic plan, in particular the desire to recognise the cultural connection and whakapapa of tangata whenua to land and water, that brings with it an inseverable role of kaitiakitanga.

6.        The policy applies to Council’s operational land portfolio which is primarily, but not exclusively, managed by the Asset Management group for the purposes of flood management.  It may extend to land managed by other parts of the organisation for purposes such as soil conservation or forestry estate. It excludes investment property, leasehold land property portfolios providing investment returns, and commercial assets governed and managed within Council’s investment and treasury frameworks.

7.        Council retains the right to refuse or decline any claim, or decide that the application of this policy is not the appropriate mechanism for evaluation of the claim, should the objectives of the claim fail to align with the purpose of the policy.

Funding and Resourcing the Business Case preparation

8.        The policy presented includes a proposed business case framework. The cost of preparing business case(s) and the subsequent staff time contributing towards decision making will require funding.  There is currently no dedicated funding within current work programmes.

9.        It is proposed the business cases be prepared internally by Council staff and funded by Council up to $20,000 per business case.  Many historical land ownership right matters are complex and will also require external consultancy advice and expertise.

10.      The development of a business case could vary significantly depending on the complexity of the land ownership.  In more complex cases the cost could be as much as $30k - $40k per business case.  A number of options available for consideration for funding the costs include:

10.1.  The requestor funds the costs

10.2.  Council funds the costs – either charged to the scheme in which the land resides, or to the Governance and Partnerships cost centre

10.3.  The cost is shared between the requestor and Council, by either ratio or cap where Council funds the first $10,000 or $20,000.

11.      To manage Council resources, both people and financial, staff recommend including limits to the policy whereby only one request or business case is accepted for preparation by staff at any given time. 

12.      The policy has been drafted with a staff recommendation of shared costs, where Council funds the first $20,000 towards development of the business case, for Committee consideration.

Significance and Engagement Policy assessment

13.      This policy is a decision-making framework and in itself does not trigger consultation in accordance with the Significance and Engagement Policy.

14.      It is possible that a recommendation by staff on a particular land holding may trigger the Significance and Engagement Policy and, if that is the case, then the requirements of that policy will be met.

Climate Change considerations

15.      Land may be held by HBRC for strategic purposes which may include for flexibility in managing schemes or assets with respect to the impact of climate change.

Considerations of Tangata Whenua

16.      A determinant for the drafting of this Policy is four independent tangata whenua requests that Council has received, some dating back to early 2018. These relate to specific parcels of Council’s operational land holdings at Pōrangahau, Roys Hill – Ngatarawa, Waiōhiki and Ōhiti. Each of these requests will require extensive investigation, research and consultation with potential for a business case to Council.

17.      Council’s desire and commitment is to achieve a close partnered working relationship with its Tīriti partner. That becomes evident in the co-governance and legislated relationship of Council with ten post-settlement governance entities across Te Matau a Māui region. Also, in the Māori Committee of Council and its enduring 25yr+ relationship with Ngāti Kahungunu Iwi through four of six Taiwhenua within the region.

18.      Council recognises and acknowledges its Māori Committee and Regional Planning Committee. It is anticipated that this agenda item and draft policy, prior to its finalisation, will be brought before each of those committees for consideration and endorsement.

Financial and Resource Implications

19.      The financial impact of any individual claim, on either Council income (annualised) or balance sheet, is expected to be immaterial based on the level of materiality, which during the FY20-21 audit was deemed to be $100k by Audit NZ.

20.      For context as at 30 June 2021, annual income from grazing leases on infrastructure land totals $90k per annum.  Significant assumptions used in land valuation value floodable land that is grazed at $6k per annum, and floodable land that is not grazed at nil.

21.      However, for larger land holdings where divestment is being requested or considered, the financial impact may be more significant.  The financial impact on income, and therefore on funding of Council operations and balance sheet treatment and impact, will be assessed on a case-by-case basis.  Council’s standard decision-making processes apply to every decision made.  If the financial impacts are assessed as significant or the asset is strategic, Council may need to consult ahead of making a formal decision.

22.      Current Infrastructure land valuations are based on a 2017 valuation and are due for revaluation.  Staff are progressing the revaluation of infrastructure land assets in parallel with development of this policy.  Current valuations as at 30 June 2022 will be available for business case assessment, and to ensure that these land asset values are not misstated within financial statements.

Decision Making Process

23.      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:

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

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

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

23.4.      Given the nature and significance of the issue to be considered and decided, the Committee can exercise its discretion and make a decision recommendation to Council without consulting directly with the community.

 

Recommendations

1.        That the Regional Planning Committee receives and considers the Operational Land Asset Policy staff report.

2.        The Regional Planning Committee recommends that Hawke’s Bay Regional Council:

2.1.         Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council 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.

2.2.         Adopts the Operational Land Asset Policy as endorsed by the Regional Planning Committee.

 

Authored by:

Jessica Ellerm

Programme Director

Pieri Munro

Te Pou Whakarae

Approved by:

Chris Dolley

Group Manager Asset Management

 

 

Attachment/s

1

Operational Land Asset Policy 1 June 2022

 

 

  


Operational Land Asset Policy 1 June 2022

Attachment 1

 

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Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject: Regional Water Security Programme update

 

Reason for Report

1.        This item introduces the Regional Water Security Programme update presentation attached.

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 Regional Planning Committee receives and notes the Regional Water Security Programme update.

 

Authored by:

Amanda Langley

Projecthaus

Tom Skerman

Regional Water Security Programme Director

Approved by:

Chris Dolley

Group Manager Asset Management

 

 

Attachment/s

1

Regional Water Security Programme Update

 

 

  


Regional Water Security Programme Update

Attachment 1

 























Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject: Policy Projects update

 

Reason for Report

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

Resource management policy project update

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

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

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

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

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

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

Decision Making Process

5.        Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision-making provisions do not apply.

Recommendation

That the Regional Planning Committee receives and notes the Policy Projects update staff report.

 

Authored by:

Anne Bradbury

Team Leader - Policy and Planning

Mary-Anne Baker

Team Leader Policy and Planning

Ceri Edmonds

Manager Policy & Planning

 

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

 

 

Attachment/s

1

RMA Policy projects update

 

 

  


RMA Policy projects update

Attachment 1

 

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Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

SUBJECT: June 2022 Statutory Advocacy update

Reason for Report

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

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

2.1.         resource consent applications publicly notified by a territorial authority

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

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

2.4.         notices of requirements for designations in district plans

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

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

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

Decision Making Process

5.        Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

 

Recommendation

That the Regional Planning Committee receives and notes the June 2022 Statutory Advocacy update staff report.

 

Authored by:

Nichola Nicholson

Intermediate Policy Planner

Gavin Ide

Principal Advisor Strategic Planning

Ceri Edmonds

Manager Policy & Planning

 

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

 

Attachment/s        1   June 2022 Statutory Advocacy Update

  


June 2022 Statutory Advocacy Update

Attachment 1

 

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Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject: Partnership survey

 

Reason for Report

1.        This item provides the means for tāngata whenua to respond to a survey to inform one of the level of service measures for the Māori Partnerships team.

Purpose of the survey

2.        This survey question is a new level of service measure related to the Tāngata Whenua Partnerships activity in the Long Term Plan 2021-2031. This is the first time we have implemented the survey so responses will set the baseline for future reporting via the Annual Report. 

3.        The Tāngata Whenua Partnerships activity covers our engagement with tāngata whenua as required by the Local Government Act, including the Māori Committee and the Regional Planning Committee, and direct involvement with hapū and marae as well as building internal capability and capacity to engage effectively.

Filling in the survey

4.        The Governance team are collating the responses to encourage free and frank answers.  You can remain anonymous or add your name if you wish.

5.        Please either answer the following survey question on this page and hand it in to one of the Governance Team staff members at the meeting, or we can provide a copy for you to complete and submit while you are at the meeting.

 


 

Survey question

On a scale of 1-5, how satisfied are you with HBRC’s Treaty-based partnership approach to engagement and decision making with tangata whenua/mana whenua?

1=Extremely dissatisfied

2=Partially dissatisfied 

3=Satisfied

4=Very satisfied

5=Extremely Satisfied

Please provide any reasons or other comments you may wish to make here:

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Authored by:                                                                     Approved by:

Leeanne Hooper

Team Leader Governance

Desiree Cull

Strategy & Governance Manager

 

Attachment/s

There are no attachments for this report.  


Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 15 June 2022

Subject: Discussion of minor matters not on the Agenda

 

Reason for Report

1.      This document has been prepared to assist committee members note the minor matters to be discussed as determined earlier in Agenda 5.

 

Item

Topic

Raised by

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