Agenda of Regional Planning Committee - Wednesday, 16 August 2023

Meeting of the Regional Planning Committee

Date: Wednesday 16 August 2023

Time: 1.30pm

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

Agenda

Item Title Page

1. Welcome/ Karakia/ Apologies /Housekeeping

2. Conflict of interest declarations

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

4. Call for minor items not on the Agenda 7

5. Confirmation of Minutes of the Regional Planning Committee meeting held on 17 May 2023

Decision Items

6. Regional Planning Committee Tāngata Whenua appointees' Remuneration Review 9

Information or Performance Monitoring

7. Clifton to Tangoio Coastal Hazards Strategy and its Mātauranga Māori workstream updates 27

8. Kotahi Plan update 33

9. Update on Government's proposed resource management system reforms 37

10. July 2023 Policy Projects update 39

11. July 2023 Statutory Advocacy update 45

12. Discussion of minor items not on the Agenda

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
Tania Hopmans (Co-chair)	Maungaharuru-Tangitu Trust
Keri Ropiha (Deputy Co-chair)	Heretaunga Tamatea Settlement Trust
Tania Eden	Mana Ahuriri Trust
Karauna Brown /Mana Hazel	Te Kopere o te Iwi Hineuru
Laura-Margaret Kele	Heretaunga Tamatea Settlement Trust
Nicky Kirikiri	Te Toi Kura o Waikaremoana
Michelle McIlroy	Tātau Tātau o Te Wairoa
Mike Mohi	Ngati Tuwharetoa Hapu Forum
Theresa Thornton	Ngati Pahauwera Development & Tiaki Trusts
Hinewai Ormsby (Co-chair)	Hawke’s Bay Regional Council
Thompson Hokianga (Deputy Co-chair)	Hawke’s Bay Regional Council
Will Foley	Hawke’s Bay Regional Council
Xan Harding	Hawke’s Bay Regional Council
Charles Lambert	Hawke’s Bay Regional Council
Jock Mackintosh	Hawke’s Bay Regional Council
Di Roadley	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 16 August 2023

Subject: Regional Planning Committee Tāngata Whenua appointees' Remuneration Review

Reason for Report

1. This item provides the Committee with the opportunity to discuss the Fees Review for: Tāngata Whenua members (Regional Planning Committee) report from Strategic Pay and provide feedback for Council to consider when making the associated decisions on remuneration levels on 30 August 2023.

Executive Summary

2. On 14 September 2022, the Regional Planning Committee (RPC) agreed to Strategic Pay being appointed as the sole appointee to undertake an independent review of tāngata whenua members’ remuneration. The HBRC Chair and RPC members Allana Hiha (subsequently replaced by Nicki Kirikiri) and Mike Mohi were delegated authority to finalise the process and criteria for the review. This included the process steps for feedback leading up to the Council considering the final report and making a decision. The review followed this agreed process.

3. When the Fees Review for: Tāngata Whenua members (Regional Planning Committee) report was presented to the Council on 26 July 2023, the Council deferred the matter until the end of August 2023 to allow both RPC and Māori Committee tangata whenua members further opportunity to consider the review findings and recommendations relevant to their committee.

Background

4. The last review of RPC tāngata whenua appointees’ remuneration was carried out in 2019. This triennium, a remuneration review was again due for the RPC and it was considered appropriate to review the Māori Committee remuneration at the same time.

5. Hinewai Ormsby, Nicki Kirikiri and Mike Mohi (the delegated RPC members) considered the review details and agreed the process and criteria set out in the Terms of Reference on 24 January 2023. The review commenced with the provision of relevant information and documentation to Strategic Pay.

6. On 17 May 2023 (delayed from February due to Cyclone Gabrielle) the RPC tāngata whenua members met with Strategic Pay to discuss review matters including the time commitments and complexities of the role. The Terms of Reference agreed by the delegated sub-group was provided for information at this workshop.

7. In early June 2023 Strategic Pay provided Council staff with a draft report. As per the agreed process steps, the draft was circulated to the delegated RPC members as well as the Co-chair Tania Hopmans for their consideration with a request for feedback to be provided directly to Strategic Pay by 15 June. When no feedback was received the timeframe was extended by two weeks to 7 July 2023.

Discussion

8. In mid-July Council received the final review reports from Strategic Pay for both the RPC and Māori Committee – a copy of the RPC review report is attached.

9. The recommendations contained in the report are that:

9.1. the annual salary for RPC Tāngata Whenua appointees is increased (from $13,750) to between $15,000 and $17,000 p.a.

9.2. the fee for attending additional meetings (e.g. Corporate and Strategic Committee) as a representative of RPC Tāngata Whenua remains at $452.

9.3. the annual salary for the RPC Tāngata Whenua Co-chair is increased (from $27,500) to between $30,000 and $34,000 p.a. and the RPC Deputy Co-chair salary increases (from $20,625) to between $22,500 and $25,500 p.a.

Decision-making process

10. 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:

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

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

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

10.4. The persons directly affected by this decision are the appointed tangata whenua members of the Regional Planning Committee.

10.5. Given the nature and significance of the issue to be considered and decided, and also the persons likely to have an interest in the decisions made, the Committee can exercise its discretion and make a decision without consulting with the community or others having an interest in the decision.

Recommendations

That the Regional Planning Committee:

1. Receives and considers the Regional Planning Committee Tāngata Whenua appointees' Remuneration Review staff report.

2. Endorses the Fees Review for: Tāngata Whenua members (Regional Planning Committee) Strategic Pay July 2023 report and its recommendations.

Authored by:

Peter Martin

Senior Governance Advisor

Desiree Cull

Strategy and Governance Manager

Approved by:

Pieri Munro

Te Pou Whakarae

Attachment/s

1 ⇩

Strategic Pay RPC tāngata whenua fees review report July 2023

Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 16 August 2023

Subject: Clifton to Tangoio Coastal Hazards Strategy and its Mātauranga Māori workstream updates

Reason for report

1. This item provides a progress update on the Clifton to Tangoio Coastal Hazards Strategy (the strategy).

Background

2. The strategy is now in Stage 4 of a four-stage development process that began in late 2014.

3. This is a coordinated approach to identifying and responding to the coastal hazards of erosion and inundation, and the influence of sea level rise, over the next 100 years.

4. Project governance is provided by a Joint Committee, formed with members from Hawke’s Bay Regional Council, Maungaharuru-Tangitū Trust, Hastings District Council, Mana Ahuriri Trust, Napier City Council and Heretaunga Tamatea Settlement Trust.

5. Initially focusing on the coastline between Clifton and Tangoio, the strategy is intended to provide a model to adapt and roll out to other parts of the region that are exposed to coastal hazards.

6. The vision of the strategy is for coastal communities, businesses, and critical infrastructure from Tangoio to Clifton to be resilient to the effects of coastal hazards.

7. In 2018 a report was prepared by Community Assessment Panels, recommending adaptive pathways for 9 priority units within the strategy area.

8. Since then, the Joint Committee and councils have been working on a response to the recommendations of the 2018 report, including:

8.1. Developing more detailed designs and costings for the short-term works proposed under each of the recommended pathways

8.2. Developing thresholds to determine when pathways need to be implemented to avoid intolerable coastal hazards effects

8.3. Defining what a managed retreat response might look like in Hawke’s Bay, how it might be done, and how much it might cost

8.4. Developing an agreed position as between the Partner Councils as to who will lead Strategy implementation, including the funding of works under the Strategy.

9. The recommended pathways from the Community Panels are presented in the following tables 1 and 2. These pathways were refined through further community engagement in 2021 and 2022 with updates to the pathways shown as blue underlined text.

Table 1: Recommend Pathways - Northern Cell Assessment Panel

Unit	Preferred Pathway	Short Term (0-20 yrs)	→	Medium Term (20 – 50 yrs)	→	Long Term (50 – 100 yrs)
Whirinaki (B)	Pathway 4	Status quo/ Renourishment	→	Renourishment + Control Structures	→	Sea wall
Bayview (C)	Pathway 3	Status Quo/ Renourishment	→	Renourishment + Control Structures	→	Renourishment + Control Structures
Westshore (D)	Pathway 3	Renourishment	→	Renourishment + Control Structures	→	Renourishment + Control Structures
Ahuriri (E1)	Pathway 6	Status quo	→	Sea wall	→	Sea wall
Pandora (E2)	Pathway 3	Status quo	→	Storm Surge Barrier	→	Storm Surge Barrier

Table 2: Recommend Pathways - Southern Cell Assessment Panel

Unit	Preferred Pathway	Short Term (0-20 yrs)	→	Medium Term (20 – 50 yrs)	→	Long Term (50 – 100 yrs)
East Clive (J)	Pathway 1	Status Quo	→	Renourishment + Control Structures	→	Retreat the Line / Managed Retreat
Haumoana (K1)	Pathway 2	Renourishment + Control Structures	→	Renourishment + Control Structures	→	Managed Retreat
Te Awanga (K2)	Pathway 3	Renourishment + Control Structures	→	Renourishment + Control Structures	→	Renourishment + Control Structures
Clifton (L)	Pathway 5	Status quo	→	Sea wall	→	Managed Retreat

10. Following an April 2022 update to the Māori Committee, the new Mātauranga Māori Workstream was established and additional project resources were allocated to facilitate more effective input from mana whenua and to ensure the strategy is informed by Mātauranga Māori. The Joint Committee established a working group to develop the workstream with support from HBRC’s Māori Partnerships Team.

11. Alongside work under the Mātauranga Māori and Coastal Ecology workstreams, a key remaining task, ahead of public notification, is the development of a funding model to determine how to allocate the costs for strategy implementation.

12. It was intended to notify the strategy for public review and comment in August 2023. In consideration of cyclone response and recovery efforts, strategy notification has been delayed until August 2024.

Discussion

13. The strategy is proposing fairly significant changes in the coastal environment in order to increase resilience to coastal hazards impacts. Effective mana whenua involvement will be central to the overall success of the Strategy.

14. Provided as Attachment Two is the scope for the Mātauranga Māori Workstream as developed by the working group and confirmed by the Joint Committee at their meeting in September 2022.

15. Any feedback or discussion on the workstream scope would be welcomed and appreciated.

16. Implementation of the Mātauranga Māori Workstream is being supported by Aramanu Ropiha, who previously prepared a cultural values assessment for the strategy in 2017 and was engaged as the Kaitiaki o te Rōpū for the community assessment panel process though 2017 and 2018.

17. The project team would like to continue to update the Regional Planning Committee on progress, both on work under the Mātauranga Māori Workstream and the strategy more broadly. Any further feedback from the Committee on the preferred frequency and nature of updates would be appreciated.

Next steps

18. Subject to discussion and any direction from the Regional Planning Committee, the project team will look to provide 6-monthly updates as we progress towards August 2024 public notification. Additional workshops and discussions may also be requested as part of advancing work under the Mātauranga Māori Workstream.

Decision-making process

19. 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 Clifton to Tangoio Coastal Hazards Strategy and its Mātauranga Māori workstream updates report.

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

Approved by:

Chris Dolley

Group Manager Asset Management

Attachment/s

1 ⇩

Coastal Mātauranga Māori Workstream Scope September 2022

Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 16 August 2023

Subject: Kotahi Plan update

Reason for Report

1. This item is provided as a regular update for the RPC on the progress and development of the Kotahi Plan.

Executive Summary

2. Following Cyclone Gabrielle the development of the Kotahi Plan was by and large paused, due to the significant impact of the cyclone on the community and tāngata whenua and the diversion of staff resources to response and recovery. It is however, important to keep the RPC updated regularly on progress of this programme of work.

3. Policy staff have been working on a number of aspects of cyclone recovery which will in turn provide a strong foundation for the development of the Kotahi Plan. This includes working within the Recovery team on the development of the Environmental Resilience Plan and supporting mana whenua through the development of contracts which assist in development and delivery of their locality plans alongside visions and values required under the National Policy Statement for Freshwater Management (NPSFM).

Strategic Fit

4. The work that the Policy team have been undertaking aligns with the strategic objectives of the organisation, in that it seeks to support the regions recovery and resilience after Cyclone Gabrielle, with the strategic objectives in mind.

Background

5. At the previous RPC meeting in May staff brought it to the Committee’s attention that the Council would still be working to the deadline of December 2024 to notify the Kotahi Plan, to align with the NPSFM 2020 requirements. It was noted that staff were in ongoing discussions with MfE in relation to the implications and pressures this placed on the region in the wake of the cyclone. The RPC had indicated they would write in support (through the co-chairs) to the MfE Chief Executive to ask for an extension to the timeframe for the delivery of the NPSFM Freshwater Planning Instrument.

6. Since Cyclone Gabrielle the Policy work programme has substantially altered, and the work the team was engaged in on the development of the Kotahi Plan was paused while the team engages in the following significant work streams:

6.1. Developing understanding about options for regional spatial planning as a solution to Cyclone Gabrielle within the context of the new Natural and Built Environment and the Spatial Planning legislation

6.2. Working with Policy Implementation, Consents and Compliance staff and MfE officials to understand the needs and content for Orders in Council to support recovery and manage impacts of current national regulation

6.3. Supporting development of the Resilience Plan Edition 1 and 2

6.4. Working with and supporting our Treaty Partners in the development of their Locality Plans, providing input into the Environmental Resilience Pou and developing visions and values for freshwater planning, through the development of a resourcing and funding framework.

6.5. Working with the Rural Recovery and Asset Teams to support the development of the Rural Recovery Strategy (Primary Sector Pou) and Infrastructure Pou

6.6. Supporting community hubs and meetings alongside the district and city councils for those within the community whose property has been directly impacted by the Cyclone and has been identified within Land Category 1, 2 or 3

6.7. Working with the Regional Recovery Agency, Territorial Authorities, DPMC, Treasury and MfE on the development of Future of Severely Affected Land (FOSAL) Policy

6.8. Reviewing regional issues with respect to the impact of Cyclone Gabrielle and considering options for faster resolution.

Discussion

7. The Council had embarked on the Kotahi Plan preparation process that aimed to combine all the Council’s RMA plans (the Regional Policy Statement, Regional Resource Management Plan and Regional Coastal Environment Plan). This review was being 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.

8. As discussed at the May RPC meeting, 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 the cyclone impacts. This included looking at opportunities potentially provided by the new regional spatial planning approach signalled in the Natural and Built Environments and Spatial Planning legislation replacing the RMA.

Legislative Recovery Planning

9. The Policy team is working alongside Policy Implementation, Consents and Compliance staff and MfE officials to understand the need and content for Orders in Council to support recovery and manage impacts of current national regulation.

10. This had included timeframes for statutory compliance, including notification of a freshwater plan by 2024 by the Council and enforcing landowner compliance with

10.1. NES Freshwater regulations

10.2. stock exclusion regulations

10.3. freshwater farm plan (FWFP) regulations.

11. On 26 July Ministry for the Environment announced that it was consulting on Tranche 5 Orders in Council (from the 26 July to the 1 August). The OIC proposed temporary law changes to the RMA in direct response to Cyclone Gabrielle to help communities continue to recover from the severe weather events which affected the North Island in early 2023.

12. The proposals for Orders in Council which have a direct impact on the Policy and Regulation work programme are as follows:

12.1. Proposal 1: to extend the statutory timeframe to take enforcement / prosecution action, from 12 months to 24 months.

12.2. Proposal 2: to address late replacement applications that fall outside the RMA s.124 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.

12.3. Proposal 3: provide additional time to comply with the following national direction timeframes:

12.3.1. National Policy Statement for Freshwater Management timeframe to notify freshwater planning instruments by 31 December 2027, and

12.3.2. Resource Management (Stock Exclusion) Regulation timeframes to exclude stock from waterways.

Resilience Plan version 2

13. Policy team 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.

Community support

14. Assistance with community meetings and community drop in sessions is being provided alongside other councils and welfare and insurance providers.

15. Following community meeting, hui and drop-in sessions an engagement report was prepared. The biggest sentiment emerging from the data set is ‘uncertainty’ which connects to the theme of ‘communication’. Communities want better communication and information regarding timeframes, land categorisation processes, residential rebuilding, future risks, and what will be improved based on lessons learned.

Partnership with Mana Whenua

16. Work has begun on developing a pathway for mana whenua engagement with support from the Maori Partnerships Team. This pathway involves different options to provide resources and funding to help support the development of locality plans and provision of information required under the National Policy Statement for Freshwater Management.

Next steps

17. Staff will continue to progress work in the recovery space, with mana whenua and across the organisation. The intent is to progress these workstreams with a continued focus on the delivery of the freshwater Planning Instrument by the newly proposed deadline of December 2027.

Decision-making process

18. 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 Kotahi Plan update.

Authored by:

Ceri Edmonds

Manager Policy & Planning

Nichola Nicholson

Team Leader Policy & Planning

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s There are no attachments for this report.

Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 16 August 2023

Subject: Update on Government's proposed resource management system reforms

Reason for Report

1. This report presents a brief update on the Government’s proposed resource management system reforms currently in progress. As these reforms are still progressing through various legislative drafting and Parliamentary debate processes, this is an update – not an analysis of the proposals as they currently stand.

Update

2. On 27 June, the Environment Select Committee released its report, making recommendations to Parliament on the SPB and NBEB. The Environment Committee received written submissions from 2,945 organisations and individuals and heard from 365 submitters at hearings across the country, including the Hawke’s Bay Regional Council’s submission. The Environment Committee’s reports contains a reprint of the two respective Bills with recommended amendments and a commentary where the Committee explains the recommended changes and the issues it has considered. The Committee’s reports are available for viewing online as below:

2.1. Spatial Planning Bill report (98 pages)

2.2. Natural and Built Environment Bill report (1279 pages).

3. On Tuesday 18 July 2023, the following two bills passed their second readings (out of three) in Parliament:

3.1. the Spatial Planning Bill (SPB)

3.2. the Natural and Built Environment Bill (NBE).

4. The official record of all Parliamentary debates (Hansard) has recorded the various Ministers’ speeches delivered during the second readings of the SPB and NBEB.

5. If these Bills are to be passed by Parliament during the current term of Government, then the Bills’ third readings must be completed by 31 August (i.e. the last day of Parliament before it ‘disbands’ and Ministers turn more focus on their respective election campaigns).

6. In the wake of the Select Committee reports, various groups and other commentators have offered their quickfire observations about the Committee’s recommendations. Below are just a few samples of such commentaries, but no doubt many others can readily be found online:

6.1. New Zealand Planning Institute (lead institute of NZ’s planning professionals)

6.2. Wynn Williams (experts in resource management-related law)

6.3. Local Government NZ’s media statement.

7. Meanwhile, staff are anticipating an announcement by Ministers in August about the Climate Adaptation Bill (‘CAB’). The CAB will not be passed during this current Government term. It will be something for the next Government to continue work on.

Decision Making Process

8. 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 Update on Government’s proposed resource management system reforms.

Authored by:

Gavin Ide

Principal Advisor Strategic Planning

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Nic Peet

Chief Executive

Attachment/s

There are no attachments for this report.

Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 16 August 2023

Subject: July 2023 Policy Projects update

Reason for Report

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

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 July 2023 Policy Projects update.

Authored by:

Mary-Anne Baker

Team Leader Policy & Planning

Nichola Nicholson

Team Leader Policy & Planning

Approved by:

Ceri Edmonds

Manager Policy & Planning

Attachment/s

1 ⇩	August 2023 RMA projects Update
2 ⇩	August 2023 Implementation of TANK Land Change Rules

Hawke’s Bay Regional Council

Regional Planning Committee

Wednesday 16 August 2023

Subject: July 2023 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 on 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

Recommendation

That the Regional Planning Committee receives and notes the July 2023 Statutory Advocacy update.

Authored by:

Gavin Ide

Principal Advisor Strategic Planning

Nichola Nicholson

Team Leader Policy & Planning

Approved by:

Ceri Edmonds

Manager Policy & Planning