HAWKE’S BAY REGIONAL COUNCIL
Cyclone Recovery Committee
Wednesday
16 August 2023
Subject: Policy and Regulation work programmes
Reason
for Report
1. This report updates the Cyclone
Recovery Committee on the Policy, Consents, Policy Implementation and
Compliance work programmes of the Policy and Regulation Group.
Executive
Summary
2. Cyclone Gabrielle has impacted the
organisation’s ability to implement aspects of resource management
covered by the Regional Resource Management Plan (RRMP), Regional Coastal
Environment Plan (RCEP) and other planning processes. It has also
impacted the implementation of national direction and regulations. This affects
work across the Consents, Compliance, Regulatory Implementation and Policy and
Planning teams.
3. Over the next three years there will
be an ongoing need to adjust the policy and regulatory focus and delivery of
plans and work programmes, to utilise staff and resources effectively, to avoid
unnecessary burden on tāngata whenua and the community and to ensure we
are appropriately responding to the recovery of the region.
4. This report updates the Committee on
those parts of the Policy and Regulation Group work programme including where
changes are being proposed as part of the Council’s Resilience Plan.
Strategic
Fit
5. Cyclone Gabrielle has significantly
impacted the Council’s ‘business as usual’ planning programme
and implementation of HBRC strategies, policies, plans and rules, including
those giving effect to government policies and national environment standards.
6. As the Council begins to prepare its
Environmental Resilience Plan (version two) to enable HBRC to deliver the
Environmental Pou for the Regional Recovery Plan, the Policy and Regulatory
Group of the Council is amending priorities and work programmes that will take
account of the effect on our communities of Cyclone Gabrielle.
7. Our environment is not as it was
before Cyclone Gabrielle, water quality has certainly been affected and it is
still not clear to what extent. The fencing efforts of many landowners to
exclude stock from waterways have been swept away and land slips have created
ongoing erosion and sediment issues. The priority is plans that will
address the ability for land to return to a productive use, after dealing with
varying depths of deposited silt, as opposed to Farm Environment Plans that
will be replaced in 2025 by a national Freshwater Farm planning system.
8. This paper is intended to provide an
overview of what changes are being made to the Council’s Policy and Regulatory
operations to take account of these matters and the Council’s own
regulatory requirements from evolving central government priorities and policy
direction.
Background
9. The Policy and Regulation
Group’s ‘business as usual’ (BAU) work programme has been
adjusted as a consequence of the effects of Cyclone Gabrielle. The following
summarises the current key work programmes of the Policy and Planning, Consents
and Compliance teams. While the Regulatory Implementation team members have been
seconded into other roles (Recovery Manager and Rural Recovery team) to support
HBRC’s wider Recovery effort, they are still involved in decisions and
setting direction for regulatory implementation work.
Policy
and Planning
10. The Policy and Planning team was
engaged in development of the Kotahi Plan prior to the cyclone. This work
has been largely paused while the team engages in the following significant
work streams:
10.1. working with Regulatory
Implementation, Consents and Compliance staff, the Rural Recovery Team and MfE
officials to understand the needs and content for Orders in Council to support
recovery and manage impacts of current national regulation
10.2. supporting the Recovery Manager and
team in the development of the Environmental Resilience Plan
10.3. ongoing work with the Rural Recovery
and Asset Teams to support the development of the Rural Recovery Strategy
(Primary Sector Pou) and Infrastructure Pou
10.4. providing support to district and city
councils community drop-in events and attending Land Categorisation meetings
with affected communities
10.5. working with the Regional Recovery
Agency, territorial authorities, DPMC, Treasury and MfE on the development of
Future of Severely Affected Land (FOSAL) Policy
10.6. liaising with other teams and working
with MfE, MPI, Gisborne District Council and several Crown research institutes
to develop a relevant and recovery-centered response to the Panel’s
recommendations on the Ministerial Inquiry into Land Use in Tairawhiti and Wairoa
Districts
10.7. reviewing regional issues with respect
to the impact of Cyclone Gabrielle and assessing options for faster resolution,
such as the TANK Land Use Change rules, which is addressed later in this report
10.8. commencing conversations with some of
our Treaty partners as to how we might support them with development of their
Locality Plans, how to best to include their voice in the second edition
of the Environmental Resilience Pou; and how we can look at the synergies
across this work and the visions and values work required for freshwater
planning, including how this might be resourced and funded. This is an
ongoing workstream and much more needs to be done in this space.
Kotahi
and regional spatial planning
11. The Council has embarked on the Kotahi
Plan preparation process that aims to combine all the Council’s RMA plans
(the Regional Policy Statement, Regional Resource Management Plan and Regional
Coastal Environment Plan). This review is driven by the need to update
some aging provisions across these separate plans and to give effect to
government direction in several National Policy Statements especially the NPS
for Freshwater Management which requires freshwater plans to be notified by 31
December 2024.
12. The Kotahi Plan preparation process
has been temporarily paused while the Council and community focus on recovery
from the recent severe weather.
13. The Policy team has been working
closely with MfE officials to understand the options available for
transitioning from a ‘BAU’ planning programme to one that reflects
impacts to HBRC’s work programmes and communities from Cyclone
Gabrielle. This has included looking at opportunities for a regional
spatial planning approach that may be provided through the proposed Spatial
Planning and Natural and Built Environment legislation that Government has
proposed to replace the RMA.
14. As part of recovery planning work, the
Policy team, with support from the Māori Partnerships Team has been
working with Post Settlement Governance Entities (PSGEs) and Taiwhenua entities
to develop a pathway for mana whenua engagement. This pathway involves
different options to provide resources and funding to help support the
development of locality plans that we hope will include the provision of
information required under the National Policy Statement for Freshwater
Management (NPS-FM) such as fresh water visions, values and Te Mana o te Wai
Statements. This was always intended as a significant piece of work for the
Kotahi Plan and will still be required for the development of a freshwater
planning instrument. The conversations we hope to have will aim to
support mana whenua in both the recovery and transition through to the delivery
of a plan under the NPS-FM. There is still much to be done in this space
but already, these conversations have commenced with some PSGEs to the extent
that their own priorities, availability and capacity allows while they also
have a focus on Recovery efforts.
Legislative
Recovery Planning
15. The Policy team is working alongside
Regulatory Implementation, Consents and Compliance and Rural Recovery teams
with MfE officials to understand the need and content for Orders in Council to
support recovery and manage impacts of current national regulation.
16. This had included timeframes for a variety
of essential freshwater policies and regulations including:
16.1. notification of a freshwater plan by
31 December 2024 by the Council
16.2. implementing national regulations,
including:
16.2.1. Resource Management (National
Environmental Standards for Freshwater) Regulations 2020
16.2.2. Resource Management (Stock Exclusion)
Regulations 2020 and
16.2.3. Resource Management (Freshwater Farm
Plans) Regulations 2023 (FWFPs).
17. On 26 July 2023, MfE announced that it
was consulting on a package of ‘Tranche 5’ proposals for Orders in
Council. Submissions on those proposals closed on 8th August. The OIC
proposals include temporary law changes to the RMA in direct response to
Cyclone Gabrielle to help communities continue to recover.
18. The proposals for Orders in Council
which have a direct impact on the Policy and Regulation work programme are as
follows.
18.1. Proposal 1: to extend the statutory timeframe to
take enforcement / prosecution action, from 12 months to 24 months.
18.2. Proposal 2: to address late replacement
applications that fall outside the RMA’s s124 provisions due to delays
caused by the cyclone by deeming a small number of water take consents to be
permitted activities until replacement applications are determined. This would
require them to meet the same standards as apply to their expiring consented
water take activities. This proposal has been sought by HBRC. It provides
for approximately 32 water permit holders who were affected by Cyclone
Gabrielle and as a consequence were late submitting an application for the
renewal of their consent. The RMA does not provide HBRC with any
discretionary powers to accept those applications that were received outside
statutory timelines. Consequently, this would result in those water permits expiring
if an Order In Council did not grant them an extension. This OIC proposal
allows approximately 32 consent holders to continue to operate as a deemed
permitted activity using their consent conditions as the permissions until 31
May 2024 (although in HBRC’s submission on the OIC proposal a different
milestone was requested for when a new consent had been issued).
18.3. Proposal 3: provide additional time to comply
with the following national direction timeframes:
18.3.1. National Policy Statement for
Freshwater Management timeframe to notify freshwater planning instruments by 31
December 2027 (i.e. a three-year extension) and
18.3.2. Resource Management (Stock Exclusion)
Regulation timeframes to provide an additional two years to exclude stock from
waterbodies, until 30 June 2025 (all other farm types were set to 2025
already).
19. Submissions on these Order in Council
proposals closed on 8 August 2023. A copy of the Regional Council’s
submission can be viewed online at www.hbrc.govt.nz (keyword search #hbrcsubmissions).
Resilience
Plan (2nd edition)
20. Policy staff are supporting the
development of the Council’s Resilience Plan Edition 2. Staff are
assisting with the drafting and compilation of the plan alongside the Recovery
team.
21. Assistance with community meetings and
community drop in sessions is being provided alongside other councils and
welfare and insurance providers.
Plan content
22. Four significant regional issues that
would have otherwise been part of the Kotahi Plan are being reviewed and
prioritised for faster resolution, in light of the cyclone impacts and the
development of the Council’s Resilience Plan.
23. This work recognises that the Council,
mana whenua and the community won’t be able to do everything all at once,
everywhere. And that strategies and plans will evolve from Recovery to
transitional arrangements until we are back on track. The
‘on-track’ pathway might either be as envisaged previously through
Kotahi under the RMA, or to a new regional planning approach consistent with
the new national legislation (i.e. Spatial Planning Act and the Natural and
Built Environment Act both expected to be passed into legislation later in
August 2023).
24. Officers are considering how the work
being developed by the Rural Recovery team through their Rural Recovery
Strategy and projects like Land for Life (LfL) can be used to support the
investments necessary at a property scale as we transition from farm recovery
planning to freshwater farm plans (FWFPs) to a longer-term approach.
25. The significant issues being focused
on currently include:
25.1. freshwater quality management,
including development of:
25.1.1. understanding the impact of the
cyclone on freshwater quality
25.1.2. any necessary transitional
arrangements for managing land use impacts on water quality and
25.1.3. management options that support rural
recovery as part of longer term NPSFM freshwater planning.
25.2. regional policy direction for
sustainable land use; appropriate land use of Category 3 areas, natural
hazards, climate resilience, water security, etc.
25.3. biodiversity – impacts of the
cyclone on existing priority areas as well as opportunities for enhancing
biodiversity as part of cyclone recovery.
25.4. afforestation – understanding
the impact of forested land on mitigating cyclone impacts and whether new
policy direction or regulation is required, noting that included in the 49
recommendations of the Ministerial Inquiry Panel into Land Use, is a
recommendation for improved national direction on forestry management,
including on forestry slash.
TANK Plan
Change 9
26. The TANK Plan Change (plan change 9)
remains subject to wide-ranging appeals in the Environment Court; however, many
of its provisions and rules do have some limited legal effect, despite those
appeal proceedings.
27. The Environment Court appeal process
has commenced and liaison with the Court about mediation procedures is
underway. A topic order for scheduling the appeal mediations is being
agreed and the Council has sought that those matters dealing with land use
change and water quality be scheduled last so that the impacts of the cyclone
on water quality might be better understood.
Consents
28. The Consents team is handling a range
of cyclone recovery matters but also has a significant amount of BAU work which
continues in accordance with RMA requirements. The following are the main
workstreams for the Consents team:
28.1. BAU consent processing continues with
timelines to be met
28.2. managing consent processing demand for
Emergency Works permitted by s330 of the RMA and the Severe Weather Emergency
Legislation Act (SWELA) requiring consent and planning for BAU consenting
following expiry of emergency legislation provisions
28.3. meeting and advising parties on
recovery options and the extent to which they may or may not require resource
consents
28.4. working with MFE and HBRC Policy,
Compliance and Recovery teams, participating in an oral presentation to a
Select Committee and responding to proposals for OICs that are being developed
to address cyclone recovery issues in Hawke’s Bay
28.5. aligning consent requirements with
decisions to transition FEMP (Farm Environment Management Plan) review in
Tukituki to national FWFPs
28.6. developing options for processing
water permits and land use change consents in TANK catchments, while
recognising that many of these properties have been impacted by Cyclone
Gabrielle and may have differing recovery needs
28.7. contributing to the development of the
Council’s Resilience Plan (2nd edition).
29. The functions of the consents team
continue as normal for non-flood affected properties. We continue to process
resource consents received within statutory timeframes and provide advice to
the community regarding consent related queries.
TANK Land
Use Change Rules 4 and 5
30. The TANK Plan Change (Plan Change 9)
remains subject to wide ranging appeals in the Environment Court, however, its
rules do have legal effect and its provisions are attributed significant weight
in assessing resource consents, despite those appeal proceedings.
31. Staff have been considering the impact
of the TANK Rules 4 and 5 (relating to land use change) on the community as a
consequence of the cyclone.
32. The TANK Plan categorises land uses
according to the level of risk of contaminant loss. Land use change that
increases the level of nutrient loss risk require resource consent. For
example, a change from pastoral or orchard land use to vegetable growing of
more than 10 hectares requires resource consent.
33. The rules were intended to assist in
preventing further degradation of water quality across the TANK catchments, but
especially in lowland areas of the Heretaunga Plains where water quality in the
Karamu and its tributaries was and is, particularly poor. Prevention of
further degradation was aligned with objectives and rules that require
landowners to work either individually or collectively through industry
programmes or catchment-based collective groups to meet new water quality
objectives.
34. The impacts of sediment on
horticultural and agricultural production requires transitional land use
activities as many orchards and vineyards require remediation and replanting.
35. This may require changes to land use
activities, as land is managed effectively to ensure it becomes productive over
time. Land use change through planting of interim crops and vegetation
cover is likely before more long-term (and higher value) crops, trees and vines
can be replanted. Transitional land uses may also need to be provided for where
replacement trees and vines from nursery suppliers are not yet available to
meet the unexpected demand.
36. The TANK Plan’s land use change
rules do not allow for impacts of a cyclone to be managed with transitional
land uses over time; some aspects of the land use recovery regime may trigger
the TANK Plan rules.
37. Currently, staff have not commenced
the implementation of TANK Rules 4 and 5 for flood affected properties.
38. The proposed approach is to not
immediately enforce these rules for flood affected properties, where land
remediation requires a short-term land use change, provided certain
requirements are met. The approach proposed is similar to those set out
under s331B of the RMA, introduced under SWELA and includes applicants to:
38.1. Provide notice to Council within 60
working days of the change in land use, with details of the previous/existing
and proposed land use.
38.2. Confirm timeframes for the proposed
transitional change in land use, recognising that longer term changes in land
use (to carry on after 1 April 2024[1]) will require consent. The following
is currently the proposed approach, however, this may be refined as we get a
better understanding of the impacts of the cyclone in the medium to long term
and understand land owners requirements.
38.2.1. Where applicants identify that the
land use change will occur past April 2024, seek information on the timeframe
for reverting to the original land use (as 2 May 2020), if proposed.
38.2.2. Short term consents may be considered
for continuing with the new land use for a specified period before reverting to
the original land use, with consideration of conditions required to mitigate
effects on waterways where applicable for that property.
38.2.3. Where the change in land use is longer
term or indefinite, a resource consent application will be required that
provides a full assessment of environmental effects, including nutrient loss
and cumulative effects in accordance with TANK Policy 20.
38.3. Provide an easy-to-use online portal
on the HBRC website by the end of August for providing the required notices
(similar to the current s331B RMA notice process).
38.4. Provide information and resources to
the affected landowners on how the rules will be implemented and what
information is necessary to support a consent application should the land use
change continue. Have this information available by the end of August.
38.5. Encourage landowners to use best
practice measures to minimise the effect of cultivation. For example, Rule 7 of
the RRMP has also been amended and introduces setbacks between waterways and
cultivated areas (5 – 15m depending on slope).
38.6. Review the notices and determine if
any represent temporary or marginal non-compliance that could be afforded
‘deemed permitted activity’ status under s87BB of the RMA.
38.7. Note that properties of less than 10
ha are not affected by TANK Rules 4 and 5.
38.8. Note that land use change that is not
related to land remediation will continue to be subject to rules 4 and 5.
39. This approach is recommended for the
following reasons:
39.1. Recognises that affected landowners
need to make decisions on land use soon
39.2. Recognises the pressures faced by
landowners as they manage impacts of the cyclone and enables them to undertake
immediate steps to aid in recovery, while recognising the need to implement
TANK over the longer term to maintain or enhance water quality
39.3. Is consistent with the ability of
rural landowners to undertake some works under s331B of the RMA (as amended by
SWELA).
S330
Emergency Works
40. S330 of the RMA allows specified agencies,
such as local and consent authorities, network utility operators, lifeline
utilities and persons in charge of public works, to undertake emergency works
without the need to first obtain any required consents. Where there are ongoing
environmental effects, retrospective resource consent is required to be sought.
41. The RMA provided requirements for
resource consent applications and timeframes for notification of emergency
works undertaken under s330. As a result of severe weather events in the North
Island in January and February 2023 (affected areas see s329A) SWELA has
made changes to the existing provisions of RMA s330 for the period until
1 October 2024. These changes include:
41.1. extending the period within which
actions have to be advised to the relevant consent authority under both s330A
and s330B – from within seven working days (WDs) to 100 WDs of the date
the emergency activity has been undertaken (i.e. from the day the activity
commenced where the activity will last more than one day),
41.2. noting that for s330B the emergency
provisions apply during both a state of emergency and the transition period
that may follow a state of emergency
41.3. extending the period within which
consent has to be obtained for works (if there are ongoing adverse effects)
under both s330A and s330B – from 20 and 60 WDs respectively to 160 WDs
after notification to the consent authority.
42. To date, the Consents team has had
multiple notification of works under s330 of RMA from the following entities
for cyclone related work:
42.1. Hawke’s Bay Regional Council
42.2. Waka Kotahi
42.3. Hastings District Council
42.4. Wairoa District Council
42.5. Central Hawke’s Bay District
Council
42.6. Unison Networks Limited and
42.7. Napier City Council.
43. The notices of s330 that have been
submitted to the Regional Council to date will not constitute all the emergency
works that are being carried out across the region. As above, entities have 100
working days from the date of the activity being carried out. 100 working days
from 14 February 2023 was 7 July 2023, however much of the emergency work
will not have started immediately following the cyclone and we are expecting
more notices under s330 of the RMA.
44. We have not received any resource
consent applications for emergency works under RMA s330, however we have been
in discussion with many of the above entities about what constitutes
‘ongoing effects’ and are expecting these consents to be lodged in
due time (noting the entities have 160 working days following notification to
lodge the resource consent applications).
45. Work is underway to assess the notices
provided to determine which works will require retrospective resource consent.
Severe
Weather Emergency Legislation Act 2023 (SWELA)
46. The Severe Weather Emergency
Legislation Act 2023 (SWELA) has amended the RMA (s331B) to make provisions for
landowners / occupiers to carry out some works on private rural land and marae,
papakāinga or urupā to relieve the flood and storm damage for approximately
one year from 1 April 2023.
47. These landowners / occupiers will not
be required to apply for resource consent for some activities undertaken to
mitigate, prevent or remediate adverse effects which, as a result of the
impacts of Cyclone Gabrielle, has caused, is causing, or is likely to cause:
47.1. loss of life or injury to humans
47.2. loss of life or serious detriment to
the health or well-being of animals
47.3. or serious damage to land or property.
48. Activities can be undertaken if the landowner
/ occupier consider that immediate works are required to avoid, remedy, or
mitigate adverse effects caused by Cyclone Gabrielle and that the measures are
proportionate to the associated adverse effect.
49. However, an activity cannot be
undertaken as a permitted activity under s331B of RMA if it is not undertaken
in a manner that avoids, remedies, or mitigates adverse environmental effects
as far as reasonably practicable, and/or where there are significant adverse
effects beyond the boundaries of the owner’s/occupiers of the land. For
these activities, the usual relevant provisions of the Regional Plan, any
regulation, or National Environmental Standard (NES) apply to the activity
(unless otherwise permitted by an Order in Council, such as burning of cyclone
waste).
50. Before undertaking any work, a
landowner / occupier must determine whether the activity is on or adjoining
culturally significant land. If it is, notice must be given to the relevant iwi
or hapu and written approval must be obtained from them before the activity can
proceed. If written approval is not provided, then a resource consent will need
to be applied for.
51. In addition, the activity cannot be
undertaken if it is a prohibited activity in any regional, district or national
plans, rules, regulations or legislation.
52. Written notice to Hawke’s Bay
Regional Council that the activity has been undertaken within 60 working days
of the activity beginning.
53. We have provided a checklist available
on the website which helps land owners define whether they can undertake works
in accordance with this emergency legislation: https://www.hbrc.govt.nz/assets/Document-Library/Consents/Checklist-of-Whether-Activity-Can-Be-Carried-Out-Under-s331B-20042023.pdf
54. To date, we have received notices of
works being undertaken under these provisions from Panpac Forest Products
Limited and BioRich Limited. We expect much more work has occurred on rural
land which has not been notified to us. As such we will continue to work with
the Compliance and Pollution Response teams.
55. The Consents team have contributed to
the development of various OICs that have been developed, often to lessen the
consenting burden for people and properties impacted by Cyclone Gabrielle. As
noted above at paragraph 18, Tranche 5 OIC proposals are making provision for
late replacement applications to be able to continue being exercised while they
are being processed. Also it is looking at the extension of time for people to
meet their stock exclusion deadlines particularly where their riparian fencing
has been impacted by the cyclone. HBRC’s submission on those Tranche 5
OIC proposals can be viewed online at www.hbrc.govt.nz (keyword search #hbrcsubmissions).
Tukituki
Production Land Use Consents
56. Production land use consents were
required in 2020 for farms of more than 4 ha within dissolved inorganic
nitrogen (DIN) exceeding sub catchments. Approximately 150 applications have
been lodged since late 2019, with approximately 70% of these applications now
processed and issued. Processing of the remaining applications is continuing,
with applicants being contacted so that the effects of the Cyclone and the need
to re-prioritise actions on the farm can be taken into account.
57. In this catchment delays have occurred
due to drought, COVID-19 and then nationwide uncertainty with the use of the
Overseer model for regulatory purposes. With the inability to rely on Overseer,
consents have mainly focused on locking in good practice actions, as set out in
the FEMP for each farm. Consents have been issued for a short-term duration
(expiring in May 2027).
58. The Tukituki Plan Change required
FEMPs to be updated by 31 May 2024, however a decision was made to push this
requirement back to 2025 to align with the nationwide requirement for
landowners to have Freshwater Farm Plans (gazetted 8 June 2023). These FWFP
requirements will be rolled out in Hawke’s Bay (including the Tukituki
catchment) in 2025.
59. Notification was sent to Tukituki landowners
on 5 July 2023 informing them that the Council is not requiring Tukituki
landowners to resubmit an updated FEMP by May 2024 but will instead provide
advice on emerging FWFP roll-out in the future.
60. Where these landowners are in a DIN
exceeding catchment, consents are still required.
61. Where consents have already been
issued for Production Land Use, conditions are included which reflect the
requirements to review and update FEMP before 31 May 2024. Council officers are
not requiring this condition to be met. Officers will undertake a review
of these existing consents as soon as practicable to align the requirement with
the timing that will be established through the FW-FP regulations. Notification
has been provided that the FEMP will need to be reviewed and updated if there
is a material change in the farm system. New consents that are currently being
processed and issued will have conditions which provide for alignment with the
FW-FP process.
Heretaunga
Plains Water Permit Replacement
62. Water permits across the Heretaunga
Plains Groundwater Quantity Area have been expiring since 2019 and applications
have been received to replace these since before November 2018. There are now
applications to replace 854 consents within the Heretaunga Plains Groundwater
Quantity Area. Most of these consents are able to continue to be exercised
under s124 of the RMA while a decision on the application is made.
63. We are also processing smaller groups
of applications for the Poukawa and Matapiro areas, and for surface water takes
from the Karamu Streams and its tributaries.
64. The TANK Plan Change 9 decision was
released in September 2022. It is currently subject to several Environment
Court appeals. Given the plan change has made significant progress through the
decision-making process, and because it introduces a significant change to the
way water is managed across the Heretaunga Plains, the provisions of the plan
change are considered worthy of considerable weight alongside operative
provisions in the Regional Resource Management Plan.
65. For the Heretaunga Plains Groundwater
Quantity Area, this includes establishing an interim allocation limit of 90
million m3/year, setting an allocation limit based on existing use (prior to
May 2020) and reallocating water based on ‘actual and reasonable’
use.
66. The Consents team has now completed an
initial assessment of the applications and their actual and reasonable water
needs. Determining ‘actual and reasonable’ use requires an
assessment of how much water was taken under each consent over the 10-year
period leading up to May 2020, consideration of the previously consented
volumes and the estimated crop water demand, with the lesser of these being the
basis for what is to be considered actual and reasonable use.
67. Our preliminary assessment indicates
that for the majority of consents, actual water use has the greatest impact on
what could be re-allocated (i.e. it is typically the lesser volume).
68. The group of consents we are currently
processing are currently allocated an estimated 65 million m3/year
of groundwater. Recorded actual use is approximately 30 million m3/year
(47%). Approximately 170 consents have no water use data to inform this
assessment.
69. The next step is to advise each
applicant of the result of the ‘actual and reasonable’ water use
assessment and provide them the opportunity to respond with any comments or
additional information they would like us to consider. We anticipate sending
this information to applicants within the next four to six weeks, after
finalising and further checking the data and, with help from our ICT team,
developing a system for extracting and sending the relevant estimate to each
applicant.
70. Consultation with tāngata whenua
and relevant industry groups is ongoing. We are also considering methods for
identifying cyclone affected applicants and providing for staged introduction
of actual and reasonable volumes to provide time and scope for recovery and
irrigation of alternative crops if required.
Compliance
71. There has been a significant increase
in the number of potential breaches of rules in our regional plans as a
consequence of Cyclone Gabrielle. Responding to Pollution Hotline call
outs to activities such as burning of waste, unconsented works to stop banks
and re-diversion of waterways has placed additional workload on the team.
72. The team is developing understanding
about the nature and scale of issues arising as part of the SWELA legislation
allowing people to carry out activities as it responds to issues where response
and recovery actions have caused or are causing environmental effects.
Compliance team staff currently do not know if this is a significant regional
issue as landowners weren’t required to advise the council of works that
were carried out. The Compliance team has provided advice during the
recovery phase where requested, about how recovery activities should be done to
avoid creating on-going environmental effects.
73. The Compliance team is working with
the region’s territorial authorities to understand how the cyclone has
impacted their ability to comply with existing consents and developing
management solutions where necessary.
74. The impact of sediment on groundwater
quality, including how sediment is affecting water supply bores is a matter of
concern and is subject to further investigation work alongside the science team
and the territorial authorities.
75. The cyclone has also impacted a number
of water storage and dam structures. Monitoring these structures for safety has
become a higher priority for compliance effort.
76. Monitoring of forestry activities has
also been given a higher priority. While forestry activities are already
subject to compliance to the extent of HBRC’s powers under the NES for
Plantation Forestry, the level of effort has been increased with additional
staff time being allocated to this task. Any findings from this, the Compliance
team will feed into scoping the review of forest activity management, including
what Central Government might chose to do in terms of further amendments to the
NES for Plantation Forestry.
Decision
Making Process
77. 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 Cyclone Recovery
Committee receives and notes the Policy and Regulation work programmes
staff report.
Authored by:
|
Mary-Anne Baker
Team Leader
Policy & Planning
|
Paul Barrett
Principal
Consents Planner
|
|
Sophia Edmead
Team Leader
Consents
|
Ceri Edmonds
Manager
Policy & Planning
|
|
Rob Hogan
Manager
Compliance
|
Gavin Ide
Principal
Advisor Strategic Planning
|
|
Malcolm Miller
Manager
Consents
|
Nichola Nicholson
Team Leader
Policy & Planning
|
Approved by:
|
Louise McPhail
HBRC
Recovery Manager
|
Katrina Brunton
Group
Manager Policy & Regulation
|
Attachment/s
There are no attachments for this
report.
