Minutes of Regional Planning Committee - Wednesday, 14 September 2022

1. Welcome/Karakia /Apologies/Notices

The Chair, Allana Hiha welcomed everyone to the meeting. Pieri Munro opened with a karakia and called for a minute of silence in remembrance of Her Majesty the Queen’s passing last week.

RPC16/22

Resolution

That the apologies for absence from Apiata Tapine, Mike Mohi and Cr Neil Kirton be accepted.

Hiha/Barker

CARRIED

2. Conflict of Interest declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Regional Planning Committee meeting held on 15 June 2022

RPC17/22

Resolution

Minutes of the Regional Planning Committee meeting held on Wednesday, 15 June 2022, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Hiha/Barker

CARRIED

Follow-ups from previous Regional Planning Committee meetings

James Palmer introduced the item which was taken as read.

In terms of Item 1 ‘Formal written agreement to the 2019 agreed Terms of Reference’:

· Letters have been sent to the appointers. No feedback received to date. Another email will be sent this afternoon and it was requested that the tāngata whenua representatives be copied into the email to urge the appointers to act.

RPC18/22

Resolution

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

van Beek/Foley

CARRIED

5.	Call for Minor Items not on the Agenda
	There were no minor items raised.

Tāngata Whenua Representatives Remuneration review

Pieri Munro introduced the item, and discussions traversed:

· Some matters to consider for the Terms of Reference (ToR) were provided to tāngata whenua members yesterday

· For clarity, the Remuneration Authority is responsible for setting Councillor fee levels and fee structures, but they are not responsible for Committee Members and Committee fees, which are set by Council itself

· Clause 13.2 in the ToR state ‘the level of remuneration shall be determined promptly following each triennial election of Councillors by two independent persons’. This implies the reviewers’ decision is not subject to confirmation by HBRC, which appears to be inconsistent with the ToR.

· Obvious efficiencies of appointing one reviewer as opposed to two as per ToR

· Regional Planning Committee (RPC) and Māori Committee are two different entities with very different roles and will be considered separately but by the same reviewer.

· RPC needs to agree on what organisations will be used as comparisons as there are very few, if any, equivalents to the RPC

· relevance of the Cabinet Fees framework questioned

· Review process to be clarified. RPC ToR set out a number of criteria for the review which should be restated in scope for the review

· Important to ensure the review recognises that all members of RPC are sitting in governance roles

· no defined appeal process associated with the remuneration review - would be useful for all parties to agree on a process for receiving a draft determination from Strategic Pay, retaining the ability to address any obviously incorrect application of the agreed criteria prior to the final determination being made

· TWR comfortable in principle with Strategic Pay being engaged to undertake the review, subject to agreement on the process and criteria for the review

· Propose that Strategic Pay presents a draft review report to the RPC and MC for consideration and feedback before it goes to Council for decision.

RPC19/22

Resolutions

That the Regional Planning Committee:

1. Receives and considers the Tāngata Whenua Representatives’ Remuneration Review 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 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. Agrees to Strategic Pay being appointed as the sole Appointee to undertake the independent review of remuneration for Tāngata whenua Representatives on the Regional Planning Committee subject to agreement on the process and criteria for the review.

4. Delegates the authority to finalise the process and criteria for the RPC Remuneration Review to the HBRC Chair, and RPC members Allana Hiha and Mike Mohi on behalf of the Tāngata whenua Representatives to the Regional Planning Committee.

6. Agrees the remuneration of members of the Māori Committee is not a matter for the Regional Planning Committee and must be determined between the Hawke’s Bay Regional Council and members of the Māori Committee.

Kele/Taylor

CARRIED

7.	Sustainable Seas Project Outcomes
	This item was withdrawn.

Regional Spatial Strategy and related matters update

Gavin Ide introduced the item which was taken as read. Discussions noted:

· Work is underway to prepare for development of a Regional Spatial Strategy as required by the central government’s programme of reforms

· the ‘senior officer responsible for iwi/Māori relationships’ is expected to be representing iwi and hapu interest in this process – this person cannot represent the interest of iwi and hapu and would recommend that tāngata whenua requests the Councils and/or working group to engage directly with tāngata whenua immediately

· While it states the project team for the scoping report includes expertise in iwi/Māori input into spatial planning expertise, there is no further detail on who or what this expertise is, how that expertise relates to the situation in HB or how tāngata whenua in the HB region will be involved in this process

· There has been no involvement or discussion with tāngata whenua on this process to date. While the process is only at the scoping report stage, it is critical to the ultimate success of this process that tāngata whenua are engaged throughout. Particularly given the matters being considered in the scoping report

· iwi resources are already under significant pressure with existing workloads, and this will increase further with the Kotahi Plan under development, so TWR do not support HB being proposed as one of the model plan regions for the roll out of the Spatial Planning Act.

· The role of the RPC, initially established as a result of the Pāhauwera Treaty settlement, needs to be clarified as a matter of urgency if the RSS continues to progress as proposed.

· NCC and HDC have become increasingly concerned about their ability to manage the development pressure in Heretaunga

· Parallel attempts made to engage with the Council’s Māori Committee and the RPC as presented today, to start conversations

· None of the activity can be achieved without funding for the capability and capacity of our mana whenua

· The Crown has appropriated significant funding for implementation of the reforms, and Council would like to see substantial funding for mana whenua participation and for long term capability and capacity building to enable the co-development our region’s future under this framework.

RPC20/22

Resolution

That the Regional Planning Committee receives and notes the Regional Spatial Strategy and related matters update staff report.

Hiha/Foley

CARRIED

Verbal update on Kotahi Community drop-in sessions

Ceri Edmonds and Nichola Nicholson gave an update on the recent drop-in sessions undertaken. Discussions highlighted:

· Nine of the planned 13 meetings held across the region with good feedback received from communities

· One on one approach has allowed time for quality input and successful engagement

· A social media campaign ‘let’s talk–a new way to have your say ’ has been developed

· Next steps will be analysis of feedback for report back to the All Governors Forum early 2023.

RPC21/22

Resolution

That the Regional Planning Committee receives and notes the Verbal update on Kotahi community drop-in sessions.

Hiha/Kele

CARRIED

10.

Verbal update on TANK Plan Change decisions

Ceri Edmonds and Mary-Anne Baker introduced the item with discussions highlighting:

· TANK Plan Change decisions were released on 9 September 2022

· The journey started back in 2012 – it has been a very long process

· Five independent Commissioners appointed by this Committee were given delegated authority to make the TANK Plan Change decisions. They considered the 6000+ points raised by submissions during 3 weeks of hearings.

· A summary of the decisions was circulated to the RPC members.

· Commissioners did not move from the position proposed in the Plan Change for the 90m³ water allocation limit, which has significant impact for water users, and supported the minimum flows proposed.

RPC22/22

Resolution

That the Regional Planning Committee receives and notes the Verbal update on TANK plan change decisions.

Barker/van Beek

CARRIED

11.

Policy Projects update

The item was taken as read.

· Still awaiting decisions on the water conservation order

· ‘PC7’ Outstanding Water Bodies – still in mediation. Parties are finalising positions for report back to the Environment Court.

· Mohaka Catchment Policy development now forms part of Kotahi so will not be reported separately in future. Currently holding fortnightly meetings with Bonnie Hatami, Kate McArthur and Catherine Gale (Ngāti Pāhauwera).

RPC23/22

Resolution

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

Hiha/Lambert

CARRIED

12.

September 2022 Statutory Advocacy update

The item was taken as read.

RPC24/22

Resolution

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

Williams/Lambert

CARRIED

13.	Discussion of Minor Matters not on the agenda
	There were no minor matters raised for discussion.

Pieri Munro led the group offering a karakia to close the meeting.

Closure:

There being no further business the Chair declared the meeting closed at 12.27pm on Wednesday, 14 September 2022.

Signed as a true and correct record.

Date: ................................................ Chair: ...............................................