Agenda of Biosecurity Working Party - Friday, 2 December 2022

Hawke’s Bay Regional Council

Biosecurity Working Party

Friday 2 December 2022

Subject: Recommendations to Council for changes to Possum Control delivery

Reason for Report

1. This agenda item provides the means for the Biosecurity Working Party (BWP) to make its recommendations to the Regional Council for changes to the delivery model for Possum Control, having considered the submissions received through public consultation.

Executive Summary

2. The BWP has been established to hear submissions and make recommendations to Council on proposed changes to Possum control delivery.

3. The consultation for changes to possum control in the Hawke’s Bay was notified on 1 July 2022, and 155 submissions were received. The majority of submissions were made online and were in favour of the changes proposed.

4. The Hearing of submissions was held on 17 August 2022, followed by deliberations on 6 September 2022.

5. The Biosecurity Working Party is now at the stage where it is required to finalise its recommendations to the Regional Council for decisions as outlined following.

Background

6. The BWP was established to hear submissions and make recommendations to Council on proposed changes to Possum control delivery as part of the requirements of the partial pest plan review process under the Biosecurity Act 1993 (BSA).

7. Following Local Government elections, the BWP was disestablished before making final recommendations after the hearing process and so re-established by Council on 16 November 2022 so that it could finalise the remaining steps required under the BSA.

8. Further, sections 75(1) and (2) of the BSA require a report to be prepared on the Proposal to change Possum Control Area delivery following the hearing of submissions and make recommendations to the Regional Council for its decisions on the Regional Pest Management Plan (RPMP) amendments.

9. At its meeting on 6 September 2022 the BWP made several resolutions including:

That the Biosecurity Working Party, having received and considered submissions on the proposed changes to possum control and having deliberated on these:

(3) Agrees that the consultation undertaking on the Changing Possum Control in Hawke’s Bay proposal is sufficient in terms of the factors in section 72 of the Biosecurity Act 1993.

(4) Recommends that Hawke’s Bay Regional Council:

4.1 Confirms that it is satisfied that consultation undertaken on the Changing Possum Control in Hawke’s Bay proposal is sufficient in terms of the factors in section 72 of the Biosecurity Act 1993

4.2 Confirms that it is satisfied that the matters required by section 74 of the Biosecurity Act 1993 have been met

4.3 Approves the Regional Pest Management Plan as revised by the partial review and in response to the Changing Possum Control in Hawke’s Bay submissions, and the report detailing the reasons for accepting or rejecting the submissions, in accordance with section 75 of the Biosecurity Act 1993.

10. The process for making changes to a regional pest management plan is prescriptive and involves several steps, each needing to be completed before the next step. There are some steps in the BSA that needed to be completed before resolutions 4.2 and 4.3 were made.

11. The remaining steps that the BWP needs to complete are to:

13.1 Confirm that it (the BWP) is satisfied that the issues raised in all the consultation undertaken on the proposal have been considered in accordance with BSA section 73(1)

13.2 Approve the preparation of the proposed changes to the RPMP in accordance with BSA section 73(1)

13.3 Apply BSA section 100 to decide which body is to be the management agency for the RPMP in accordance with BSA section 73(2)

13.4 Confirm whether it (the BWP) is satisfied that the proposed changes to the RPMP have been prepared in accordance with BSA section 73 and meet the requirements of section 74, and

13.5 Prepare a written report on the proposed changes to the RPMP for Council, in accordance with BSA section 75(1), including the BWP’s reasons for accepting or rejecting submissions.

Consultation

14 At its meeting on 6 September 2022 the BWP confirmed that it was satisfied that consultation on Changing Possum Control in Hawke’s Bay (the proposal) was sufficient in terms of the factors in BSA section 72. The BWP also needs to be satisfied that the issues raised through consultation have been considered in accordance with BSA section 73(1).

15 On 1 July 2022 Council released the proposal on the future of possum control in Hawke’s Bay. The purpose of the proposal was to seek feedback on the proposed change from occupier responsibility to a Council managed contractor delivery model.

16 To encourage public input, several mechanisms for submitting feedback were provided including via phone, email, letter, and hard copy or online submission form. A total of 155 submissions were received. The release of the proposal was advertised via Council’s website and Facebook page, a YouTube video, an article in Bay Buzz, and 4,500 letters and an email sent to stakeholders.

17 Staff also consulted with neighbouring councils about the proposal and held meetings with key industry and interest groups, such as the Department of Conservation, Federated Farmers, OSPRI, Beef and Lamb and local pest control contractors.

18 Issues raised in pre-consultation prior to notification of the proposal were considered by staff in the preparation of the proposal.

19 Staff have considered the issues raised in submissions received on the proposal and made recommendations for responses to the BWP for its meeting on 6 September 2022. The evidence lodged, oral presentations, written comments and submissions, and other further matters raised at the Hearing were also considered by the BWP on 6 September 2022.

20 Based on the documentation provided by staff, the BWP should now be able to confirm it is satisfied that all of the issues raised in all of the consultation undertaken on the proposal have been considered in accordance with BSA section 73(1).

Approval of preparation of changes to the Hawke’s Bay Regional Pest Management Plan

21 If the BWP is satisfied that consultation has been carried out in accordance with BSA section 73(1), it can approve the preparation of changes to the Hawke’s Bay RPMP and direct staff to prepare draft amendments to the plan. In anticipation of the BWP approving the preparation of the amended RPMP, staff have prepared a draft Hawke’s Bay PRMP using tracked changes for the BWP’s consideration (attachment 1).

Management Agency

22 If the BWP approves the amendments to the RPMP, it is then required to apply BSA section 100 to decide which body will be the management agency under section 73(2). In deciding, the BWP must take the following into consideration under BSA section 100(2).

(a) The need for accountability to those providing the funds to implement the plan; and

(b) The acceptability of the body to –

(i) Those providing the funds to implement the plan; and

(ii) Those subject to management provisions under the plan; and

(c) The capacity of the body to manage the plan, including the competence and expertise of the body’s employees and contractors.

23 Hawke’s Bay Regional Council (HBRC) is the management agency for the RPMP and is responsible for its implementation. Therefore, it is recommended that HBRC continues to be the management agency because:

23.1 HBRC is accountable to the RPMP funders, through the requirements of the Local Government Act 2002

23.2 HBRC has been implementing the RPMP, and

23.3 HBRC has the capacity, competency, and expertise to implement the RPMP with the proposed amendments.

Satisfaction of requirements Biosecurity Act sections 73 and 74

24 As stated, staff have prepared draft amended RPMP which is attached.

25 The BWP must be satisfied that the amendments to the RPMP include all of the matters in BSA section 73 and meet the requirements of BSA section 74 to the extent that they are relevant.

26 Staff have prepared a report (attachment 2) assessing the draft amendments to the RPMP against the matters specified in BSA section 73 and the requirements of BSA section 74.

27 Staff believe that the BWP can be satisfied, based on attachment 2, that the requirements of BSA sections 73 and 74, to the extent that they are relevant, have been met.

Written report

28 The BWP is required to prepare a written report with its recommendations on the amendments to the RPMP and include its reasons for accepting and rejecting submissions.

29 Following the BWP’s deliberations at its meeting on 6 September 2022 staff prepared a draft Report and Recommendations of the Biosecurity Working Party for the BWP’s consideration (Attachment 3). This report, including any amendments agreed by the BWP on 2 December 2022, will be provided to the Council to inform its decisions on the RPMP.

Next Steps

30 The Report and Recommendations of the Biosecurity Working Party will be provided to Council for the adoption and approval of the amendments to the Hawke’s Bay Regional Pest Management Plan on 14 December 2022.

Recommendations

1. That the Biosecurity Working Party:

1.1 Resolves that it is satisfied that the issues raised in all the consultation undertaken on the Changing Possum Control in Hawke’s Bay proposal have been considered in accordance with section 73(1) of the Biosecurity Act 1993.

1.2 Approves the preparation of the proposed changes to the Regional Pest Management Plan in accordance with section 73(1) of the Biosecurity Act 1993.

1.3 Applies section 100 and determines that Hawke’s Bay Regional Council continues to be the management agency for the Regional Pest Management Plan in accordance with section 73(2) of the Biosecurity Act 1993.

1.4 Resolves that it is satisfied that the proposed changes to the Regional Pest Management Plan have been prepared in accordance with section 73 and meet the requirements of section 74 of the Biosecurity Act 1993

1.5 Recommends that Hawke’s Bay Regional Council accepts the Report and Recommendations of the Biosecurity Working Party in accordance with section 75 of the Biosecurity Act 1993

1.6 Recommends that Hawke’s Bay Regional Council approves the amendments to the Hawke’s Bay Regional Pest Management Plan 2018-2038 as proposed, under section 100D (7) of the Biosecurity Act 1993.

Authored by:

Lauren Simmonds

Project Manager - Biosecurity Review

Mark Mitchell

Team Leader Principal Advisor Biosecurity Biodiversity

Approved by:

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s

1 ⇩	Draft amendments to Hawke's Bay Regional Pest Management Plan 2018-2038
2 ⇩	Biosecurity Act section 73 and section 74 analysis
3 ⇩	Report and Recommendations of the Biosecurity Working Party
4 ⇩	Impact on Specific Properties
5 ⇩	PCA review submissions