Minutes of Extraordinary Hawke's Bay Regional Council meeting

1. Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone to the meeting and led an opening karakia.

There were apologies for lateness from Mike Paku, and for absence from councillors Jerf van Beek and Charles Lambert.

2. Conflict of Interest Declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Hawke's Bay Regional Council meeting held on 30 October 2024

Resolution

Minutes of the Hawke's Bay Regional Council meeting held on Wednesday, 30 October 2024, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Harding/Foley

CARRIED

Public Forum

Warren Ladbrook, director of RDMC Ltd (speaking on behalf of stakeholder and investment parties involved with the proposed Riverbend Road subdivision) highlighted:

· Reality is that the Heretaunga Plains are flood plains with challenges for development

· Riverbend Road area in HPUDS and earmarked for development

· there are several developments around the proposed subdivision already which have not flooded during recent flooding events because they have been well developed/ constructed

· Stormwater will be redirected away from Riverbend Road by work being undertaken under the Infrastructure Acceleration Fund.

· Five years and millions of dollars spent on a design agreed with Napier City Council and their specialist external consultant engineers for the proposed development, resulting in a Private Development Infrastructure Agreement with Napier City Council.

· Stormwater design solution provides more than the development requires and supports stormwater network of existing developed areas.

· Project is focused on affordable housing and was developed with mana whenua and community input.

Richard Gaddum from the Save the Plains group highlighted:

· Councils need to consider the future of horticulture as well as the need for housing future generations

· Only unproductive land should be developed

· An email, and its attachment, sent to councillors by Mr Gaddum is attached at the end of these minutes.

Thompson Hokianga arrived at 9.20am

Tania Hopmans joined the meeting online at 9.21am

Report and recommendations from the Napier-Hastings Future Development Strategy (FDS) Joint Committee

Katrina Brunton and Gavin Ide introduced the item, which was taken as read, by providing a history of the development of the FDS and outlining the next steps toward adoption and implementation of the FDS. Discussions note:

· The draft FDS is a ‘statement of proposal’ for the consultation process.

· The majority decisions of the 3 partner councils will determine what is in the Strategy for notification, and dissenting council(s) and reasons will be in the consultation document.

· The independent hearing panel will hear submissions on the draft strategy and then make recommended decisions to the Joint Committee. The Joint Committee will then recommend a final strategy to the partner councils for adoption.

· The HBRC Regional Policy Statement (RPS) does not enable HBRC to stop planned developments; this power rests with individual city/district councils.

· The FDS does not affect the RPS – HBRC does not set subdivision standards or requirements. The RPS does provide city/district councils with direction on avoiding identified hazards and direct the city/district councils to ‘give effect’ to the RPS.

Councillor Charles Lambert joined the meeting online at 9.37am

Mike Paku arrived at 9.49am

Discussions covered:

· HBRC was asked for comments on the proposal for the Riverbend Road site as part of the fast-track consenting process. At that time, HBRC comments were “filling the development area would remove the amount of storage from the County Drain system and that if no mitigation were provided there would be an effect on the Pirimai residential area, being the next lowest area to receive the stormwater. The applicant has proposed to drain the stormwater from the development site to the Cross County Drain. This solution needs to take into consideration the potential effects of removing the storage from the County Drain system – the impact of that is not yet understood … a stormwater servicing solution could be potentially be developed that could provide overall benefits to the drainage network in this area however there is likely to be a need for a relatively large pumpstation and a relatively large storage area within the development site.” HBRC also commented on stormwater quality because the development is in the source protection zone for the NCC public water bore.

· The Heretaunga Plains Urban Development Scheme (HPUDS) has existed for a long time and identified the Riverbend Road site as being indicatively suitable for residential development. The inclusion of the Riverbend Road area in the FDS was carried through from HPUDS, which formed the basis of the areas for development. A call then went out to the public for additional sites people wanted included in the new FDS, which were then assessed by councils’ staff and presented to the joint committee in a series of workshops.

· Any proposals identified in the FDS will need to be consented and approved at a local level and because a particular area is identified in the FDS does not guarantee that resource consents will be granted for specific developments in those areas.

· The specific impacts and mitigations of individual proposals cannot be assessed until such time as resource consent applications are lodged.

· Council staff did consider intelligence from Cyclone Gabrielle in the assessment of the areas

· Reviews following Cyclone Gabrielle recommend that HBRC needs to be more directive in the Regional Policy Statement to prevent residential development in areas subject to high natural hazard risks such as flooding and inundation.

· The regional council will absolutely be a party to the resource consent applications and direct, where possible, that development is not approved in areas where there is an unacceptable risk to life.

RC81/24

Resolutions

Councillor Williams moved an amendment, seconded by Councillor Kirton:

1. That a variation be added to the list of variations to be made to the Draft Napier-Hastings Future Development Strategy for consultation “Nc4b-Riverbend Road (excluded), for the additional reason that the area is subject to severe flooding risk.

Williams/Kirton

CARRIED unanimously

The amendment having been CARRIED, the substantive motion was put

That Hawke’s Bay Regional Council:

1. Agrees that Nc4b-Riverbend Road is to be excluded from the Draft Napier-Hastings Future Development Strategy, for the additional reason that the land is subject to severe flooding risk.

2. Receives and considers the Report and recommendations from the Napier-Hastings Future Development Strategy Joint Committee staff report.

3. Furthermore, that Hawke’s Bay Regional Council:

3.1 Receives the Napier-Hastings Future Development Strategy Joint Committee (Joint Committee) resolutions from its meeting on 23 October 2024; being:

B. “That the Joint Committee adopt the draft ‘Napier / Hastings Future Development Strategy’ (FDS) attached as Attachment One and ‘Summary of Information’ attached as Attachment Two with the following variations,

I. That the Ahuriri Station land is identified for inclusion as redress land as detailed in Attachment 5.

II. Hn3a- Middle Road (excluded).

III. Hn3b- Middle Road extension (excluded).

On the basis for II. and III. that:

These areas are not needed to provide sufficient development capacity to meet demand (including the 20% competitiveness margin),

Hn3a and Hn3b are areas of land are Highly Productive (including ‘Land Use Capability’ level 1 and 2 land),

These areas are not included in Heretaunga Plains Urban Development Strategy (except as a reserve area in the case of Hn3a),

It would be contrary to the objectives of the FDS to include these areas.

‘That the Joint Committee recommend to the Partner Councils (Hastings District Council, Napier City Council and Hawke’s Bay Regional Council) that they adopt the FDS and ‘Summary of Information’ (including the Variations in Recommendation B) for consultation under the Special Consultative Procedure as specified in Section 83 of the Local Government Act 2002 (LGA), and call for submissions in accordance with the Principles of Consultation under Section 82 of the LGA, and provide an opportunity for the hearing of submissions, under section 83 of the LGA’.

3.2 After consideration of the Napier Hastings Future Development Strategy Joint Committee recommendation 3.1 above and subject to amendments and finalisation required as per the Napier-Hastings Future Development Strategy Joint Committee resolutions, specifically B I and B II to remove Middle Road sites HN3a and HN3b from the draft strategy, adopts the draft Napier / Hastings Future Development Strategy (FDS) and Summary of Information for the purpose of public consultation.

3.2.1 as per Hawke’s Bay Regional Council resolution 1. above, that Nc4b-Riverbend Road is excluded from the draft strategy for the reason that the area is subject to severe flooding risk.

3.3 Notifies the Napier/Hastings Future Development Strategy and ‘Summary of Information’ for consultation under the Special Consultative Procedure as specified in Section 83 of the Local Government Act 2002 (LGA), and calls for submissions in accordance with the Principles of Consultation under Section 82 of the LGA, and provides an opportunity for the hearing of submissions, under section 83 of the LGA.

3.4 Approves an amendment to Section 6 (relates to Delegated Authority) of the Terms of Reference for the Napier Hastings Future Development Strategy Joint Committee (Joint Committee) to allow the Joint Committee to appoint an independent panel of up to five members that is representative of Mātauranga Māori, gender balance, equity, and technical knowledge of the legislation that encompasses the Napier/Hastings Future Development Strategy for the purpose of hearing, considering and making recommendations for decisions to the Joint Committee.

3.4.1 The amendment to Section 6 of the Terms of Reference to read:

6.1 The Napier-Hastings Future Development Strategy Joint Committee has the responsibility delegated by the Partner Councils for:

Appointing an Independent Panel of up to five members that is representative of Mātauranga Māori, gender balance, equity, and technical knowledge of the legislation that encompasses the Future Development Strategy which will undertake Hearing and considering submissions on the draft strategy and making ~~appropriate~~ recommendations for relevant decisions to the Joint Committee ~~partner councils~~, which will subsequently make ~~appropriate~~ recommendations to the Partner Councils for relevant decisions.

3.5 Notes that the independent panel will act in accordance with the Principles of Consultation under Section 82 of the Local Government Act 2002 (LGA), in the hearing of submissions; under the Special Consultative Procedure under section 83 of the LGA to assist the Joint Committee by hearing all persons / parties who wish to submit on the draft Napier-Hastings Future Development Strategy (FDS). The independent panel will prepare a summation of all submissions and provide recommendations for decisions on the submission points to the Joint Committee for consideration by the Joint Committee. The Joint Committee will then recommend a final FDS to the Partner Councils.

Williams/Kirton

CARRIED unanimously

Closure:

There being no further business the Chair declared the meeting closed at 10.17am on Wednesday, 13 November 2024.

Signed as a true and correct record.

Date: by HBRC resolution on 27 November 2024 Chair: Hinewai Ormsby

Attachment 1

Richard Gaddum, Save the Plains Group

This is directed to all the Councillors of the HDC, NCC and HBRC and the FDS Joint Committee.

Please find "attached" a warning to you all with regard to the FDS "Draft" in its present form.

We as the "Save the Plains Group" and supported by the whole food production industry on the Heretaunga Plains: producers, growers, processors and land owners, do not support this Future Development Strategy as it is being debated now between all the three councils in this region.

It is vulnerable to be legally challenged. See attachment.

We do not support:

The 316ha of LUC Class 1, 2 and 3 soils that are being proposed as being covered in concrete and asphalt and destroyed forever.
The "adoption and roll over" of the areas identified in HPUDS and into the FDS.

HPUDS areas in Hastings

Kaiapo Rd. 74ha
Lyndhurst Extension. 31ha.
Murdoch Rd. 11ha.
Copeland Rd. 14ha.

HPUDS areas in Napier:

The Loop. 23.5ha.

Riverbend. 23.3ha.

South Pirimai. 61.6ha.

Total: 238.4ha.

Plus the "new areas" on highly fertile soils:

Hastings:

Middle Rd Extension. 32.2ha.

Middle Rd. 21.14ha.

Brookvale Rd. 9.1ha.

Napier:

SP Severn Precinct. (Commercial). 6ha.

Mission Estate. 9.05ha.

Total: 77.49ha

What we do support is new Greenfield developments on unproductive land.

Options are:

1. Te Awanga above Park Hill Road.

2. The northern side of Raymond Rd from Raymond Rd to where the fertile soils begin on the Plains Production Zone land.

3. A huge swath of land across the expressway from the existing Irongate Industrial area, across Stock Rd, bounding Portsmouth Rd and the Hastings Golf Course and all the way to Pakipaki.

4. The Havelock Hills.

5. A new satellite town at Maraekakaho.

6. The old "Mushroom Farm" on Brookvale Rd.

7. Higher intensification within the city boundaries. "UP instead of OUT".

8. Abolish the "Rural Residential Zoned land" to "Residential Zone" by dropping the existing minimum size of 1 ha to whatever is practicable on the existing Rural Residential topography to develop. This will probably open up the potential for another 2,000 homes around Havelock North and Napier. There seems to be no practical reason why this can't happen and it is all on unproductive land!

9. Obviously the feedback from councils will be "but the infrastructure costs are higher on unproductive land than just tacking onto existing infrastructure around our productive land around our cities". The writer has done a subdivision on unproductive land and the writer paid for all the infrastructure. These costs were passed onto the purchasers of the titles when they bought their properties. The infrastructure was or is going to be gifted to the council, the council then charged the developer development levies then now gather more revenue from the ratepayers in the form of rates. The council had no risk, no costs but reaped all the reward.

10. We as a combined group also can not understand two things:

Why unproductive land wasn't considered as a brief when drawing up this draft?
Why the FDS has not included a wider area to include the Central Hawke's Bay region and Wairoa? There is lots of scope for new housing development in Otane, Waipawa, Waipukurau and Wairoa.

While the Save the Plains Group and the food production industry understands the FDS has a multi assessment criteria, it believes that there are a number of suitable sites that do not contain LUC 1, 2 or 3 land.

It further notes that the LUC maps were completed in the 1970’s at a 1:50000 scale. The Save the Plains Group believes that Councils should employ site specific investigation principles, especially around some LUC 3 soils.

The Save the Plains Group would be happy to engage with all Councils in order to achieve outcomes that protect the most fertile production land while providing sufficient quantities of land for urban expansion. It would be regrettable from the Save the Plains Group’s perspective if councils’ decisions had to be litigated in the High Court because it did not follow the correct process set out in the relevant act.

In addition and for information, here is the link to the decision on the Waikato Future Proof Strategy:

https://www.hortnz.co.nz/assets/Environment/RegionalUpdates/04-Waikato/Future-Proof-Strategy/24.07.03_WRC_FPS_website_summary.pdf

Please consider carefully as we want to be constructive and not enter into controversy and litigation.

We are happy to meet and discuss.

Yours faithfully

Save the Plains Group Executive:

John Bostock

Paul Paynter

Michael Donnelly

Richard Gaddum