Minutes of Cyclone Recovery Committee - Wednesday, 8 November 2023

1. Welcome/Karakia /Apologies

The Chair welcomed everyone, acknowledging flooding in Wairoa, and Councillor Thompson Hokianga opened the meeting with a karakia.

Resolution

CRCCC36/23 That the apologies for absence from Councillor Jerf van Beek be accepted.

Siers/Ormsby

CARRIED

2. Conflict of interest declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Cyclone Recovery Committee meeting held on 16 August 2023

CRCCC37/23

Resolution

Minutes of the Cyclone Recovery Committee meeting held on Wednesday, 16 August 2023, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Siers/Ormsby

CARRIED

Hawke's Bay Regional Recovery Agency presentation

The Chair welcomed Ross Macleod and Blair O'Keeffe to present.

Blair began by acknowledging the contributions of HBRC staff and noting the significance or the around $1 billion dollars of government funding that had come into the region to date before handing over to Ross who presented to the committee highlighting:

· The efficacy of regional collaboration in response and now recovery, in terms of the contributions of Matariki partners, NGOs and the private sector

· That it was likely that $4-5 billion would come into the region over a 10-12 year window for recovery and resilience, particularly for infrastructure – an opportunity for significant positive impacts both in terms of what is delivered but also how.

· A lot of work had been put into standing up the recovery effort to date and working with the Matariki Partners on their own projects e.g. Advocating for funding for the removal of silt and debris

· The RRA is fully funded by government to 30 June 2025 and had been established by the Matariki Governance Group with government support to coordinate regional recovery efforts.

· That he expected a new government to be formed within the next week and that the conversations to establish priorities with the RRA would be underway before Christmas.

11:21 Katarina Kawana joined online

· That there was a clear message from central government was that funding for the Recovery Plan actions was limited and that the region needed to advance the priorities that were important to it. With a need to produce a plan with a clear priorities for the 2024 government funding cycle.

· Funding for PSGE and Hapu contributions to the first iteration of the plan would likely be assessed on a case by case basis rather than a broad allocation.

· That the RRA’s engagement in terms of Whenua Māori had largely been at PSGE level but they were able to assist in providing advocacy for Marae in conversations with the Department of Internal Afairs (DIA) and Te Puni Kōkiri (TPK).

Keri Ropiha (Observer) joined at 11:26am

· Resilience versus restoration and the need to remain cognisant of existing funding moving towards resilience e.g. Waka Kotahi had signalled a prioritisation of life line routes.

· The need to be realistic about timelines – the funding and workforce to complete work in the next 2-5 years unlikely.

· The need to have a long term strategic view of the works required rather than looking at projects individually. This was an opportunity for an improvement to an integration in planning for the critical infrastructure across the region and the RRA was able to contribute to this while not usurping existing mechanisms like the Regional Land Transport Plan.

· That the focus in resilience from the perspective of the RRA was not just in terms of the even that had occurred but in terms of the wider risks faced in the region. E.g. by advocating for water security measures.

· The RRA was not a public facing agency in terms of it’s planning but the agencies and organisations that it worked with such as the Matariki Partners, PSGEs and other Infrastructure providers were accountable to their communities and would provide the mechanisms for visibility and influence. E.g. Utilising engagement on the Long Term Pans or the Regional Land Transport Plan.

· That the other areas of priority for the RRA were advocating for Regulatory Relief, Workforce development and accessing freight and transport funding for the region.

The chair invited comment from Nic Peet who highlighted that it is unlikely that investment of this scale will come into the region again and concurred that it is important to make the best of it in terms of funding the best sets of infrastructure for the community for which there is a critical role for the RRA.

CRCCC38/23

Resolution

That the Cyclone Recovery Committee receives and notes the Hawke’s Bay Regional Recovery Agency presentation.

Ormsby/Siers

CARRIED

Transition from recovery to business as usual

Desiree Cull introduced the item, which was taken as read, and Clarified that:

Recovery will be business as usual for at least the next 4 to 5 years and dealt with through Council’s EICC and C&S committees.

The EICC terms of reference was the same as it had been previously but with the addition of a specified quorum.

Discussion covered:

· The need for a public forum to air decisions relating to recovery

· The Māori committee and Regional Planning Committee tangata whenua members’ were to appoint representatives to Council’s committees based on what they need and what expertise is available.

CRCCC39/23

Resolutions

That the Cyclone Recovery Committee:

1. Receives and considers the Transition from recovery to business as usual staff report.

2. 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. Appoints the Environment and Integrated Catchments Committee (EICC) to replace the Cyclone Recovery Committee, under Clause 30 of Schedule 7 of the Local Government Act 2002.

2.3. Adopts the Environment and Integrated Catchments Committee (EICC) Terms of Reference (following) with the added statement specifying quorum is a majority of members.

Harding/Williams

CARRIED

Environment and Integrated Catchments Committee

Terms of Reference

Adopted by resolution of Hawke’s Bay Regional Council on 29 November 2023

The purpose of the Environment and Integrated Catchments Committee (EICC) is to consider and recommend to Council:

1. Policy

1.1 carbon reduction and climate change adaptation and mitigation policies and strategies developed to guide the establishment of work plans

1.2 policies with regard to Council responsibilities and involvement in flood protection and drainage

1.3 policies with regard to Council’s responsibilities for biosecurity, biodiversity and pest management

1.4 policies, strategies, and by-laws and compliance and enforcement programs relating to maritime and navigational safety under the Maritime Transport Act.

2. Environmental Monitoring and Research

2.1 environmental monitoring strategies and research and investigation programmes, including the State of the Environment Reports.

2.2 technical reports on the findings of research and investigations into the impact of activities on the receiving environments and recommend to Council the development of new policy frameworks based around such information.

3. Implementation

3.1 management plans or any similar such documents for the effective implementation of environmental enhancement and improvement programmes of Council.

3.2 all other policy implementation issues of Council.

3.3 To periodically review the effectiveness of Council's non-regulatory resource management operational work programmes within the ambit of the Committee and make recommendations to Council for any changes.

3.4 To assist staff, where appropriate, in identifying a preferred option and/or funding mechanism for Council consideration of biosecurity/ biodiversity initiatives, proposals for new or expansion of existing open spaces and regional parks, and infrastructure asset construction or improvement work; and in promoting the preferred option to the beneficiaries/ community.

4. Financial Authority

4.1 consideration of possible financial implications of specific initiatives.

5. Use of Delegated Powers for the Environment & Integrated Catchments Committee

5.1 This Committee may, without confirmation by the local authority that made the delegations, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them, provided that the decision deserves urgency and the decision to make the resolution a decision of Council is carried unanimously.

6. Quorum

The quorum at any meeting of the Committee shall be a majority of members.

Members:	· All Councillors being: Hinewai Ormsby, Will Foley, Neil Kirton, Charles Lambert, Jerf van Beek, Martin Williams, Sophie Siers, Di Roadley, Thompson Hokianga, Jock Mackintosh · One appointed member of the Māori Committee, Katarina Kawana · One appointed member of the Regional Planning Committee, TBC
Chair:	A member of the Committee as elected by the Council being: councillor Sophie Siers
Deputy Chair:	A member of the Committee as elected by the Council being: councillor Di Roadley
Meeting Frequency:	Quarterly
Staff Executive:	Group Manager Integrated Catchment Management Group Manager Asset Management

Biosecurity Annual Report 2022-2023 and Operational Plan 2023-2024

Matt Short introduced the item and delivered a presentation to the committee explaining the legislative requirement for the plan, key achievements highlighted in the report and challenges going forward in particular highlighting alligator weed which was particularly invasive and toxic to stock, as well as Chilean needle grass which was subject to review.

Discussion included:

· Noting the success of the point project on Rangitikei with mana whenua support for conifer control as well as pest control.

Peter Eden left the meeting at 12:17pm

· Clarification that Chilian needle grass eradication is impossible but it was hoped that review may recommend a way forward for effective control.

· The need to find space to talk about partnerships in the Operational Plan especially given the success of partnerships with mana whenua in addressing alligator weed and wilding conifers.

· That there were limitations in controlling deer, despite this being important due to impacts on farming, biodiversity and water quality, these being that: Limited legislative powers for council as well as the funding requirement being quite high.

· That national conversations and advocacy hoped to address deer control but for now deer fencing and collaboration with landowners were ongoing and there was potential in the future for a Hawke’s Bay Feral Deer management Strategy.

· That Californian Thistle was a pest where the Council recognised that there was a need to control it but there was a tool in place with the Californian Green Thistle beetle; releases of which were subject to adhoc monitoring to assess if the populations had established or not. This was a low cost way to have a meaningful impact and was carried out outside of legislative requirements.

· That Golden clams had been declared an unwanted organisation which granted powers though MPI to manage response as a national pest despite not being included in this regional plan and work was ongoing to prevent spread.

· The concern of the kiwifruit growers especially in an environment with a large number of abandoned orchards around Pseudomonas syringae pv. Actinidiae which wasn’t currently included in the regional pest management plan.

· The focus of the plan on pests where control efforts can have a meaningful impact but the ability of the team to provide advice to the community about managing other pests such as cotoneaster.

CRCCC40/23

Resolutions

That the Cyclone Recovery Committee:

1. Receives and notes the Biosecurity Annual Report 2022-2023 and Operational Plan 2023-2024 staff report.

2. Recommends that Hawke’s Bay Regional Council:

2.2. Adopts the Biosecurity Operational Plan for 2023-2024.

Harding/Roadley

CARRIED

The meeting adjourned at 12:43pm and reconvened at 1:15pm

11.

Options for disposal of diseased orchard materials

The chair welcomed Reiny Scheper from Plant and Food Research and Dr Kathleen Kozyniak to present to the committee. The presentation described the research discussed in the report. Questions highlighted

· That large amounts of orchard waste could already be processed by BioRich as part of a mix of material

· Judd’s Ltd in Gisborne had just started doing an ‘in vessel’ version of this process but within large concrete vessels.

· That the BiorRich process was not covered but they could use a layer of disease free material over the top.

· That this work was undertaken to demonstrate alternatives to burning should the Kotahi Plan restrict that further

· The risk assessment was something that could be further developed as part of further work but it was important to understand that diseased material would be mixed with other material.

· BioRich had capacity to process more of this waste already but they would need more non-orchard material to continue to scale which might involve using household compost.

· There was ongoing work to be done to assess the suitability of this as a replacement for burning.

· Cost was a part of the viability assessment – might be a struggle for smaller orchardists.

· On-site composting testing with just orchard material found that it took a long time but pathogens did die – in order to be viable this would require a lot of training in the community.

· From a carbon footprint point of view biochar is the best option – but it would be quite complex to implement.

CRCCC41/23

Resolution:

That the Cyclone Recovery Committee receives and notes the Options for disposal of diseased orchard materials staff report.

Williams/Mackintosh

CARRIED

Recovery updates from central government

Katrina Brunton was invited to present to the committee. The report was taken as read but clarified that staff were working on OICs not listed – consenting for recovery was a key one and would likely result in a truncated consents process.

Nic Peet was invited to explain the situation with funding for silt and debris removal. Essentially funding had run out at end of October. Now though the offices of the chair and mayors $10 million had been secured which would carry the programme though to December. Conversations had been started with the incoming government

Peter Eden returned at 1:50pm

Questions highlighted that:

· The Order in Council for outdoor burning had gone well in practice - landowners had undertaken to sperate as much waste as they could and very little mixed waste was burned in the end. The Council would now follow up with the soil testing requirement.

· That there might be some need to clarify testing requirements for landowners

· That the crucial part of the flood mitigation works for category 2A and 2C would be to manage the key relationships and obligations with tangata whenua throughout the entire process not just the consenting part in order to have people feel involved and not like the process was too fast.

· That for a community to move from category 2C to 1 a resource consent was not required but a level of confidence that a consent could be obtained was.

Cr Lambert joined online at 1:58pm

· That it was Important to bring the Asset Management and Māori Partnerships tams together now more than ever.

· There was confidence that the support was in space to support the engagement for the Wairoa Tripartite Flood protection Scheme process. This would use the same process as Tātau Tātau o Te Wairoa Trust and Wairoa District Council had used for their waste water treatment plant which had been successful.

· 620 of the Category 2A homes left were in Wairoa and it was complex.

CRCCC42/23

Resolution

That the Cyclone Recovery Committee receives and notes the Recovery updates from central government.

Roadley/Williams

CARRIED

HBRC recovery update

Nic Peet explained that Engineers had been dispatched to Wairoa due to flooding but that he would answer questions. He highlighted:

· 59 out of 68 projects had been completed to move category 2C* properties to category 1 at a cost of $21 Million which had allowed all 1500 the properties to be moved to category 1 with the remainder of projects aimed at enhancing resilience.

· The council had finished identifying Category 3 areas a few weeks previously and an item would soon come to Council around that to bring information into the public record. The buyout process was now underway between landowners and the territorial authorities primarily Hastings District Council where there were 300 properties.

· That where Māori freehold land had been identified as Category 3 the crown was negotiating with owners. With the main concern that it was taking a long time compared to the other processes.

· The three areas of Category 2 are:

o 2P landowners – one property remaining – floor height

o 2C where there was a design concept to mitigate flood risk, in order to move to category 1 the Council would need to acquire interest in the land required, have completed detailed design work and have funding which required a crown approved business case.

o 2A Areas where there was uncertainty if flood mitigation was possible. For these areas they could go to category 3 where no solution was found or could be moved to 2C. This was a tough process as there was a lack of certainty.

Questions highlighted:

· There was essentially no way for landowners frustrated by the process to decide to go into Category 3 themselves. Ultimately the purpose was about risk to life.

· In terms of affordability for communities a in each case business case would need to come back to the committee around the funding requirement and decisions would need to be made around how that was funded.

· That work was underway in terms of the independent scheme review and major scheme reviews to understand the longer term resilience of infrastructure.

· NIWA data return rates data was expected in the next few weeks to contribute towards the understanding of resilience and there was also the nature based solutions feasibility study which would identify potential in the upper catchment to slow down flow of water though the catchment using nature based solutions which was due 2025.

· The flood protection work programme would be included in the capital expenditure for the next three year long term plan but it was the long term after that which would need to deal with the long term resilience work.

· The infrastructure plan for this cycle would need to focus on that immediate work but signal the need for resilience work in the future.

· The commercial silt and debris funding were not available to not for profit organisations who were not carrying out commercial activities with the pathway probably being through Councils on a case by case basis.

· The biodiversity team was looking to engage the coastal bird survey again in the coming summer and as part of woody debris clean up there had been surveys of dotterel nesting area.

CRCCC43/23

Resolution

That the Cyclone Recovery Committee receives and notes the HBRC recovery update.

Harding/Mackintosh

CARRIED

Response to dust issues from silt deposited by Cyclone Gabrielle

Nic Peet introduced the paper and explained that the public health response to dust was being led by Te Whatu Ora who would set up more monitoring sites around the region. HBRC sat on multi-agency group to assist. He also noted that all silt sites had dust management plans.

Katrina Brunton and Dr Kathleen Kozyniak presented to the committee. Since the paper had been published monitoring sites with 37 clarity S nodes across the regions being added with one sitting at the Awatoto site for comparison with regulatory grade equipment as well as:

· 8 climate stations

· A trial webcam in Esk with a view to deploy more if successful

· Indoor monitors at two homes and Eskdale School

It was likely they would carry out some particle dispersion modelling using data from the monitoring sites. They had also attended a hui in Wairoa and it was likely that monitoring sites would be considered there as well. Discussion highlighted:

· Concern that a silt site in Moteo had not been adequately publicly notified.

· The compliance team is working with all silt sites to encourage dust suppression and were working with landowners in affected areas to ensure heavy machinery was not being operated during windy periods.

· Planting on land to mitigate dust had not been possible previously due to wetness having missed the spring window. The Rural recovery team working closely with landowners and agronomists to find solutions but solutions were dwindling as move into summer.

· The sites for silt disposal had been chosen for their capacity to accommodate silt and the long term vision was for the silt to stay there.

· That the source of silt was multiple not just the silt sites in terms of impacts on communities. Te Whatu Ora were testing air quality and the Council was testing the silt for contaminants. Moving silt to the sites was probably the best thing that could be done in the long term for dust. The silt taskforce was doing what all it could do to minimise the spread of silt.

· That the risk was for Te Whatu Ora to assess in terms of health.

· The risk of silicosis was very low

· The importance of collaboration between the communications team at the Council, Te Whatu Ora and Fire and Emergency New Zealand.

CRCCC44/23

Resolution

That the Hawke’s Bay Regional Council receives and notes the Response to Cyclone Gabrielle dust report.

Roadley/Ormsby

CARRIED

The meeting adjourned at 3:10pm and reconvened at 3:23pm

Cr. Neil Kirton left the meeting at 3.23pm.

10.

Sustainable Land Management: Erosion Control Scheme, Hill Country Erosion Programme and Soil Conservation Nursery

Anna introduced the paper and the team before inviting Warwick Hesketh to present to the committee. Questions highlighted:

· That the 252,000 hectare figure was a gross figure with a smaller area requiring treatment

· The land for life programme was a sister programme that was useful in helping with essential commercial land use change required in addition to this work to achieve the erosion goals.

Cr Martin Williams left the meeting at 3:46pm

· Manaaki Whenua had provided the latest landslide susceptibility data to the team which may provide direction on new areas that they needed to be involved in.

· In terms of the relationship building Peter Manson in Wairoa had been engaged to assist in the engagement around establishing a nursery in Wairoa and conversations were underway with Gisborne District Council who had land previously used for a nursery that was in grazing.

· The Team is engaging with nursery operators in the south to develop more nursery capacity and had identify 6ha of land owned by works group that could be used for a nursery site.

· That there was a need for native reversion in the region with some areas where this would be the only appropriate course of action. There was a tendency to target land that was not grazeable. Using Natives to treat the land was often more expensive due to a higher density requirement and it also took longer to establish.

· Space planting trial in Wairoa had been successful in identifying native species that did perform well and trials into using exotic species in areas where exposure prevented the use of poles and this had also been successful in identifying species.

· The preference of mana whenua for indigenous planting.

· That there was consideration being given to funding riparian fencing that had been washed out in the cyclone.

· That goats needed to be controlled to use flaxes for riparian protection in Wairoa.

· That the potential to work with landowners to establish their own nurseries was being investigated.

· That manaaki whenua’s land damage report had compelling data in regard resilience of soil conservation projects.

· With an evolving regulatory environment it might be the case that the need for ratepayers to subsides the activity would become less but the programme was effective at least until it became a regulatory requirement for landowners.

· In terms of nursery expansion the way that was done would be subject to a business case.

CRCCC45/23

Resolution

That the Cyclone Recovery Committee receives and notes the Sustainable Land Management: Erosion Control Scheme, Hill Country Erosion Programme and Soil Conservation Nursery staff report.

Roadley/Harding

CARRIED

Cr Charles Lambert left the meeting at 4:09pm

12.

Biodiversity programme update

Anna introduced Thomas Petrie and Mark Mitchell. Thomas presented to the committee highlighting the international and national decline of biodiversity. New Zealand was among the countries with the highest number of threatened species and Hawke’s Bay had experienced some of the greatest loss of vegetation. Discussion highlighted:

· The need to align the biodiversity work being undertaken by Taiwhenua and PSGEs with the work being done by the Council.

· In terms of establishing biodiversity baselines post cyclone the Council had established increased monitoring to determine the effect as soon as possible which was followed by work with the Ministry of Primary Industries to help them to identify effects. There was up to 8 months for some of the samples to be processes.

· Historic marine habitat had bought in additional funding post cyclone because there is a baseline to measure off of with NIWA research vessels conducting investigations in the area.

· For the Environmental Enhancement Contestable Fund consistent growth was expected in terms of the demand for funding and this could double year on year.

· That there was work being done around communicating projects in terms of the biodiversity projects underway.

· Biodiversity Hawke’s Bay’s work in capacity and knowledge building in the community was important alongside the work of regional council where information was fed to catchment groups.

CRCCC46/23

Resolution

That the Cyclone Recovery Committee receives and notes the Biodiversity programme update staff report.

Siers/Roadley

CARRIED

Cr Thompson Hokianga led a Karakia to close the meeting.

Closure:

There being no further business the Chair declared the meeting closed at 4.45pm on Wednesday 8 November 2023.

Signed as a true and correct record.

Date: 20 March 2024 by EICC resolution Chair: Cr Sophie Siers