Agenda of Environment and Services Committee

HAWKE’S BAY REGIONAL COUNCIL

Environment and Services Committee

Wednesday 15 August 2012

SUBJECT: Heretaunga Plan Change

Reason for Report

1. This report provides an update on progress of the Heretaunga Plan Change. The focus of the update is on the stakeholder engagement process and the use of this process in a research project.

Strategic Regional Context

2. In the 2009-2019 and 2012-2022 Long Term Plans, Council committed to preparing a Heretaunga Plan Change to review minimum flows and water allocation and to set water quality limits.

3. The Hawke’s Bay Land and Water Management Strategy (LWMS) released in November 2011 outlines the strategic direction for the management of land and water in the region.

3.1. One of the LWMS policies to be embedded in the RPS is that “land and water management is tailored and prioritised to address the key values and pressures of each catchment” [Policy 1.5].

3.2. The LWMS identifies the Heretaunga Plains/Ngaruroro catchment as a priority catchment for Council’s immediate work programmes (along with Tukituki and Mohaka).

4. The change to the Regional Policy Statement that is currently out for informal consultation includes management objectives for the Heretaunga catchment and is an important framework for the Heretaunga Plan Change.

Heretaunga Plan Change

5. The Heretaunga Plan Change will be an integrated approach to managing the Heretaunga, Karamu, Tutaekuri and Ahuriri catchments. It will address the following:

5.1. Managing sustainable river levels and determining acceptable low flows

5.2. Establishing catchment limits (water allocation, water quality)

5.3. Considering opportunities for economic development and improved water security associated with possible water storage.

6. Technical evidence to be prepared for the Plan Change will include:

6.1. Surface water and groundwater hydrology – development of naturalised flows and hydrological statistics

6.2. Instream habitat requirements

6.3. Catchment nutrient modelling – current state and impacts of land use on water quality

6.4. Cultural values and uses

6.5. Instream and economic values assessment and identification of management objectives

6.6. Setting minimum flows based on management objectives and implications for users and environmental values

6.7. Setting of water allocation limits and implications for existing users and environmental values

6.8. Setting of water quality limits and implications for catchment loading and land management practices

7. Changes to the Regional Resource Management Plan will need to:

7.1. incorporate a review of the water allocation framework (allocation limits and minimum flows)

7.2. set water quality limits

7.3. incorporate policy and any associated land management rules to maintain or meet water quality targets over time.

Heretaunga Plan Change Stakeholder Engagement Process

8. The Heretaunga Plan Change process will require a considerable amount of community engagement. It is proposed that a collaborative process be implemented similar to that used in the development of LWMS.

9. It is proposed that the LWMS external reference group be re-engaged and additional relevant stakeholders (such as local landowners, hapū) be invited to the group to form a Heretaunga Plan Change Collaborative Stakeholder Group (HCSG). During the engagement process, group members will be expected to communicate with their wider networks to feed back issues, options and possible solutions so that any emerging consensus has broad community support.

10. There is an opportunity to support the Plan Change development process by linking with a research project as outlined below.

10.1. Since early 2011, Council has been involved in the Freshwater Values, Monitoring and Outcomes (FVMO) project (funded by the former Ministry of Science and Innovation (now Ministry of Business, Innovation and Employment) and led by Landcare Research). The project aims to develop tools to improve freshwater decision-making by better assessment of diverse values, enhanced ability to choose effective policies, and improved monitoring and reporting against agreed outcomes.

10.2. A key benefit of the project for Council thus far has been the utilisation of the RiVAS methodology for assessing river values. The outcomes of these assessments have informed policy development for the RPS Change 5 and the Tukituki plan change.

10.3. The three-year research programme is now entering its final year. The final component involves designing a collaborative stakeholder process similar to that recommended by the Land and Water Forum’s (LAWF) 2nd report. This is a key opportunity for Council to engage experts in stakeholder engagement to assist with the successful management of the process.

10.4. The case study will involve the FVMO project team working with Council staff to convene a collaborative stakeholder group to identify and deliberate on the key issues for freshwater management in the Heretaunga/Ngaruroro catchment. The following key deliverables are proposed:

10.4.1. Vision for Heretaunga/Ngaruroro catchment

10.4.2. Objectives, standards, limits and indicators for freshwater resources

10.4.3. Where standards and limits are not agreed, evaluation of options against agreed criteria

10.4.4. Strategy for monitoring and adaptive management

10.5. The process will roughly follow the following schedule:

10.5.1. Develop agreed vision statement

10.5.2. Identify range of desired objectives, standards and indicators

10.5.3. Develop agreed criteria for evaluating options

10.5.4. Identify limits needed to achieve objectives and standards

10.5.5. Identify consequences of different options (limits) and associated risks

10.5.6. Evaluate options based on agreed criteria

10.5.7. Identify agreed objectives, standards and limits and areas of remaining disagreement.

10.6. While retaining its responsibility as the decision-maker under the RMA, in keeping with best-practice in collaborative processes, the consultants recommend that Council give a good faith undertaking, in advance, to implement a consensus outcome, as long as it is consistent with the RMA, LWMS, RPS and LTP. (As the RPS is still subject to submissions and further decisions, the HCSG could suggest changes to the RPS, and the Council would need to decide whether to accept these.) If there is no consensus, the group will be asked to identify a small number of alternatives and the consequences of each on key outcomes selected by the group.

10.7. An independent facilitator will be engaged to help design and run an effective process; this will also enable Council to actively participate in the process while avoiding perceptions that it is controlling the meetings to deliver a predetermined outcome.

10.8. It is important however that the process builds on the foundation provided in the LWMS and does not duplicate that process. The Council itself should be one of the parties in the collaborative stakeholder group so that the group does not recommend a solution that the Council finds unacceptable and so expectations are managed. In that regard, we recommend that Council appoint 2-3 Councillors to participate as full members of the HCSG. Advice is currently being sought on how Councillor involvement at this stage might affect their participation in the RMA Schedule 1 decision process at a later stage, if at all.

What Next?

11. The Heretaunga Plan Change collaborative stakeholder group process will take place over 10 months from September 2012 to July 2013 roughly following the following timeframe:

11.1. August 2012: Contact LWMS external reference group and other parties considered to be directly affected by the Heretaunga Plan Change

11.2. September 2012: Establish Heretaunga Plan Change Collaborative Stakeholder Group.

11.3. September 2012 - July 2013: Four-Six meetings of Heretaunga Plan Change Collaborative Stakeholder Group (plus sub-group meetings if needed to get people up to speed) to develop a statement of agreed vision for Heretaunga Plains, plus specific objectives, targets and indicators for monitoring performance.

11.4. July 2013 – June 2014: Staff develops text for proposed plan change, working with stakeholder group to check interpretation of group conclusions; further input from Council; release draft plan change for comment and revise

Decision Making Process

12. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

12.1. The decision does not significantly alter the service provision or affect a strategic asset.

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

12.3. The decision does not fall within the definition of Council’s policy on significance.

12.4. The persons affected by this decision are all persons with an interest in the region’s management of natural and physical resources and specifically those resource users in the Heretaunga Zone.

12.5. Options that have been considered include drafting a plan change for consultation or a plan change without notifying a proposed consultation. This is not considered best planning practice.

12.6. The decision is not inconsistent with an existing policy or plan.

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

RECOMMENDATIONS

That the Environment and Services Committee recommend Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Endorses the approach proposed for stakeholder engagement for the Heretaunga Plan Change.

3. Appoint 2 or 3 Councilors to participate as full members of the HCSG.

4. While retaining its responsibility as the decision-maker under the RMA, give a good faith undertaking to implement any consensus outcome agreed by the HCSG, if one emerges, as long as it is consistent with the RMA, LWMS, Regional Policy Statement and LTCCP. (Note that, as the RPS is still subject to submissions and further decisions, the CSG could suggest changes to the RPS and the Council would need to decide whether to accept these.)

Tim Sharp

Strategic Policy Advisor

Helen Codlin

Group Manager

Strategic Development

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Environment and Services Committee

Wednesday 15 August 2012

SUBJECT: Makara Dam Update

Reason for Report

1. At their meeting on 27 June 2012 Council were advised that a sink hole in the Makara No 1 dam had been discovered.

2. This report updates Council on the issue and seeks endorsement of the ongoing work programme.

Background

3. Since the previous report to Council the following actions have been taken:

3.1. The temporary spillway has been completed. This means that the storage capacity of the dam is reduced to approximately 40% of the original capacity.

3.2. A telemetered water level recorder has been installed to monitor water ponding levels in the dam. Alarms have been established to warn that ponding is occurring and when the temporary spillway is operating. Depending on the conditions at the time this will trigger a warning procedure to inform downstream residents.

3.3. LiDAR surveying of the Makara Valley downstream of the dam has been completed and LiDAR data received.

3.4. Flood modelling has been completed for the Makara Valley downstream of the dam.

3.5. Priced proposals were sought from 3 consulting engineering companies with experience and expertise in large dams in New Zealand. Two proposals were received with prices ranging from $148,000 to $412,000. The third organisation approached advised that they would not provide a proposal because, if they were successful, they would be unable to commit the resource required to the project. The proposal submitted by Damwatch Services Limited with an estimated fee of $148,000 has been accepted.

3.6. HBRC engineering staff are now working with Damwatch Services Limited to consider options for the repair of the dam and to improve its performance.

3.7. HBRC engineering staff have met with residents within the Makara valley to explain the results of the flood risk modelling.

4. Over the next 6 weeks a range of possible repair options will be reviewed and a preferred option identified. Staff expect to be able to update the next meeting of the Environment and Services Committee on the preferred option, with an indicative cost estimate, at the next meeting on 17 October 2012. A proposal for funding the repair work will be presented as part of that update for Council consideration.

5. A contract for the repair work is programmed to be let prior to Christmas with the necessary construction work undertake early in 2013.

Decision Making Process

6. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

6.1. The decision does not significantly alter the service provision or affect a strategic asset.

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

6.3. The decision does not fall within the definition of Council’s policy on significance.

6.4. The persons affected by this decision are all property owners levied targeted rates under the Makara Scheme.

6.5. Options will continue to be considered as part of the remedial design process.

6.6. The decision is not inconsistent with an existing policy or plan.

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

Recommendation

1. That the Environment and Services Committee recommends Council endorses the programme of work undertaken to date and notes that a preferred repair option together with a proposal for funding that work will be presented to the next meeting of the Environment and Services Committee.

Mike Adye

Group Manager Asset Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Environment and Services Committee

Wednesday 15 August 2012

SUBJECT: Animal Health Board

Reason for Report

1. The Hawke’s Bay Regional Council (HBRC) contract to deliver vector management services to the Animal Health Board (AHB) expires on 30 June 2013.

2. Staff have held a number of discussions with AHB over the past several months and have submitted a proposal to AHB that will transition HBRC out of providing vector management services under contract to AHB while maintaining a strong working relationship between the two organisations to ensure a coordinated approach to possum control work within Hawke’s Bay.

3. This paper advises Council of those proposed arrangements.

Background

4. There continues to be significant benefits to both HBRC and AHB from the close working relationship between the two organisations. The Hawke’s Bay rural community recognise the significant benefits that result from the AHB vector control programme in Hawke’s Bay and HBRC’s own possum control programme, and are strongly in support of ongoing close and effective collaboration between the two organisations.

5. However because of staff circumstances it is proposed that the current contractual arrangements for the provision of vector management services cease at the expiry of the existing contract on 1 July 2013.

6. The current team delivering vector management services in Hawke’s Bay consists of 4 staff; an administration officer, a Vector control coordinator [team leader], and two vector control officers both of whom are on fixed term contracts that expire on 30 June 2013.

7. Owen Harris, the current vector control coordinator and team leader, wishes to transition to retirement over the 2013/14 year.

8. It is proposed that:

8.1. A new team leader be appointed such that they commence employment on or around 1 July 2013.

8.2. The position is appointed by AHB and reports directly to an AHB programme manager, possibly based in Palmerston North.

8.3. The team leader is based in HBRC Napier office with the HBRC vector control programme team reporting to that person.

8.4. Owen Harris moves to a new role with specific responsibilities for aerial control operations. This would be a 0.8FTE position and would be for a fixed term of 1 year.

8.5. Arrangements from 1 July 2014 will be worked through over the next 12 to 18 months, however it is likely that AHB will wish to employ all vector management staff. AHB has indicated however that they are keen to continue to share office space with HBRC. The merger of AHB and NAIT may however influence the outcome of this.

9. There has been significant value to the Hawke’s Bay region in ensuring close alignment between the HBRC possum control area (PCA) programme and the AHB vector control programme over the past several years. A condition of ongoing funding is that AHB set up bait stations on productive land prior any transition of that land into HBRC’s possum control area programme.

10. By 30 June 2013 all productive land within Hawke’s Bay will be under either a PCA programme or an AHB programme. No further initial control work will therefore be carried out over productive land. Transition issues between AHB and the HBRC PCA programme are now effectively catered for in the funding deed. Accordingly the strong alignment between the two programmes is less important than it has been in the past.

Decision Making Process

11. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That the Environment and Services Committee recommends Council receive this report.

Mike Adye

Group Manager Asset Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Environment and Services Committee

Wednesday 15 August 2012

SUBJECT: Biodiversity Strategy

Reason for Report

1. This report provides an update on the development of the Hawke’s Bay Regional Biodiversity Strategy being led by Council.

Strategic Regional Context

2. The Hawke’s Bay Land and Water Management Strategy (LWMS) released in November 2011 outlines the strategic direction for the management of land and water in the region.

3. The LWMS contains a range of actions that are required to implement it including Action 2.8: Council will develop a regional biodiversity strategy.

4. Policies in the LWMS which the development of a Biodiversity Strategy aligns with are:

1.3. HBRC works closely with partner agencies and stakeholders on water and land management

2.4. (& 3.19) Riparian planting and fencing in appropriate areas is promoted (Regional Landcare Scheme)

2.5. Effective pest control reduces vegetation loss and increases farm productivity, profitability and biodiversity

2.7. Ecologically significant wetlands are protected

2.8. Areas of indigenous vegetation and wetlands are recognised for the services they provide to farming systems as well as to overall biodiversity, cultural and recreational values of the area.

3.23. Develop an integrated catchment approach to land and water management

4.3. Facilitate open processes for community and stakeholder collaboration and informed participation on policy development and implementation of this Strategy.

5. In the 2012-2022 Long Term Plan Council committed to developing a Biodiversity Strategy over the next 18 months.

5.1. The LTP (The Right Debate: Resilient Ecosystems, Part 2.1, Page 3) recognised that: “Having broad agreement and collaboration of all stakeholders on a biodiversity strategy is vital to achieve the necessary changes in land and water management required for sustainable indigenous ecosystems in the region”;

5.2. Council has allocated funding of $87,500 in the 2012/2013 year, with a further $15,500 allocated in the following year.

6. Nature Central: The Department of Conservation and the Hawke’s Bay, Greater Wellington and Horizons Regional Councils have established steering and working groups to assess ways the agencies can work more collaboratively. There are likely to be biodiversity gains achieved from this approach. A preliminary meeting has been held with Department of Conservation to discuss the Biodiversity Strategy project in the context of Nature Central.

National Context

7. The New Zealand Biodiversity Strategy 2000 states its primary goal as “halting decline in New Zealand’s indigenous biodiversity by 2020”.

8. The Ministries of Conservation and Environment issued a Statement of National Priorities for Protecting Rare and Threatened Indigenous Biodiversity on Private Land in 2007. The statement is non-statutory and is intended to inform Council (and others) in managing biodiversity on private land. It identifies four priorities:

8.1. Protect indigenous vegetation associated with land environments less than 20 per cent remaining in indigenous cover.

8.2. Protect indigenous vegetation associated with sand dunes and wetlands.

8.3. Protect indigenous vegetation associated with ‘originally rare’ terrestrial ecosystems.

8.4. Protect habitats of acutely and chronically threatened indigenous species.

9. The Proposed National Policy Statement for Indigenous Biodiversity includes, among other things, policies to promote the retention of existing vegetation, whether indigenous or not (if, for example, it provides habitat which supports indigenous biodiversity). If the NPS comes in to effect in its current form, HBRC would be required to: identify areas of significant biodiversity within five years / ensure there is no net loss of significant indigenous biodiversity. The Government intends to consider the report from the Waitangi Tribunal on claim 262 before finalising the NPS.

What is the Biodiversity Strategy?

10. The purpose of the Biodiversity Strategy is to:

10.1. set out a framework that will guide activities that protect and manage indigenous biodiversity in the Hawke’s Bay region;

10.2. set long term goals to achieve effective habitat protection to enable successful and diverse ecological systems;

10.3. identify priority areas for action and/or any funding commitment required, as well as the respective contributions of all stakeholders toward achieving those goals.

Strategy Development Process

11. The Biodiversity Strategy will be developed with a working group comprising the Department of Conservation, territorial authorities, hapū and iwi, Fish and Game, Federated Farmers, HB Forestry Group and other relevant parties. HBRC will initiate and facilitate the process.

12. The working group will determine the scope of the Biodiversity Strategy including its reach (exotic forests? marine environment?), timeframe (10, 100 years?) and how it will be implemented by contributing agencies.

13. Terms of Reference and Scope will be brought back to the October meeting of the Environment and Services Committee for approval.

14. The Biodiversity Strategy document will be developed over 18 months.

What next?

15. The Biodiversity Strategy document will be developed over the next 18 months roughly following the following timeframe:

15.1. July, August 2012: Review of regional and national approaches to biodiversity management (80% completed).

15.2. August 2012: Council stock-take. What Council is already doing with regard to biodiversity (80% completed).

15.3. August 2012 – ongoing: Work closely with Department of Conservation. This will particularly involve the synchronisation of databases to determine priority areas and to assess projects where efficiencies could be realised in light of the Nature Central commitment.

15.4. September 2012 - Establish Biodiversity Strategy Working Group.

15.5. September 2012 - March 2014: Four-ix meetings of Biodiversity Strategy Working Group with intention of delivering a Strategy.

15.6. Implementation of the Strategy will require ongoing resourcing by HBRC and contributing agencies. It is envisaged that over time, reporting and budgeting across Council in relation to biodiversity activities and outcomes will follow the direction of the Strategy.

Decision Making Process

16. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That the Environment and Services Committee recommends Council receive the “Biodiversity Strategy” report.

Tim Sharp

Strategic Policy Advisor

Helen Codlin

Group Manager

Strategic Development

Attachment/s

There are no attachments for this report.

Update Spreadsheet

Attachment 1

Statutory Advocacy Update (as at 7 August 2012)

Received	TLA	Map Ref	Activity	Applicant/ Agency	Status	Current Situation
20 July 2012	NCC	7	Plan Change 8 – Pedestrian Accessways The purpose of the Plan Change is to strengthen existing provisions in the District Plan relating to walkway security and reference Crime Prevention Through Environmental Design (CPTED) and Council’s Accessways (Pedestrian) Closure Policy.	NCC	Notified	7 August 2012 · Council staff are currently assessing the Plan Change. Submissions close 24 August 2012.
17 February 2012	WDC	6	Trade Waste & Wastewater Bylaw 2012 Proposed technical Bylaw to regulate the WDC wastewater and trade waste system.	WDC	Notified under the Local Government Act 2002 special consultative process	24 April 2012 · Council lodged a submission in support of WDC’s intent to gain greater control over the quality of wastewater received at the WDC wastewater treatment plants as it will result in positive environmental outcomes for the district.
23 November 2011	WDC	5	Resource Consent – Subdivision Proposal to subdivide a property at 790 Mahia East Coast Road to create 48 residential lots, 1 undeveloped farm lot, 1 lifestyle lot, 3 balance lots, 2 lots to vest as road, 2 access lots and 1 lot for the purpose of establishing a campground to accommodate 400 people.	Pongaroa Land Co. Limited Consultant – Consult Plus Ltd	Notified Non-complying (hearing pending)	16 May 2012 · Pongaroa Land Company lodges an appeal to grant the application in its current form, or on a smaller scale. 29 March 2012 · Council advised that the application has been declined. 16 February 2012 · Hearings for the application held in Wairoa. Council does not attend hearing. 30 January 2012 · Lodged a neutral submission on 11 January 2012. Submission made various comments relating to proposed servicing of the subdivision, public access to the coast, natural character and landscape values. In particular the submission sought: 1. further geotechnical assessment be undertaken with respect to ability of the site to dispose of wastewater on-site and conditions should be imposed on owners to enter into a waste management contract, or alternative arrangement, and 2. an independent peer review be undertaken on natural character and visual effects of the subdivision on the Mahia Peninsula coastline.
12 August 2011	NCC	4	Draft Plan Change 7 – Jervoistown The purpose of the plan change is to create a new zone with new policies and rules for Jervoistown. The plan change seeks to counteract the effects of adhoc development within Jervoistown.	NCC	Notified	11 May 2012 · Formal notification of Plan Change 7. · Submission period closes 22 June 2012. 17 November 2011 · NCC held an “informal” hearing for the Hearing Committee to informally discuss the comments received on the draft plan change. HBRC staff gave brief presentation at ‘hearing’ and responded to NCC’s questions. 19 September 2011 · Council staff provided comments to NCC on the draft plan change. In general the Council is supportive of the broad intention of the plan change however noted servicing constraints as a limiting factor. In particular a high water table contributing to the cross contamination of wastewater and stormwater, at capacity stormwater drains and cross boundary runoff and flooding. · Council staff noted that Jervoistown is not included in the preferred settlement pattern included in the Heretaunga Plains Urban Development Strategy.
5 November 2010	NCC	3	Notice of Requirement – Te Awa Structure Plan Notice of requirement for designation to allow for the construction of public works in the Te Awa Structure Plan area by Napier City Council.	NCC	Notified by NCC (hearing pending)	30 January 2012 · Hearing by NCC’s independent commissioner scheduled for 31 January. NCC’s hearing report makes recommendations that adequately take Regional Council’s concerns into account. Commissioner’s decision anticipated late February. 6 December 2010 · Submission lodged. Submission generally supportive, other than commenting that the proposed second pump station is unnecessary due to sufficient infrastructure already available in that there is scope to utilise infrastructure previously built for the Cross Country drain.
5 November 2010	NCC	3	Plan Change 6 – Te Awa Structure Plan The purpose of the plan change is to rezone the area from Main Rural to Main Residential and incorporate the outcomes sought in the Te Awa Structure Plan into the District Plan.	NCC	Notified by NCC (hearing pending)	30 January 2012 · Hearing by NCC’s independent commissioner scheduled for 31 January. NCC’s hearing report makes recommendations that adequately take Regional Council’s concerns into account. Commissioner’s decision anticipated late February. 6 December 2010 · Submission lodged. Submission generally supportive, and also suggested some design principles that NCC could take into account when further developing the proposal. In particular, the submission recommended: 1. that decision making criteria and/or guidance be added that supports and encourages the principles of Low Impact Urban Design, and 2. that NCC develop a landscape plan that includes aspects to enhance the ecology, culture, recreation. Health and safety along Willowbank Avenue and the Serpentine Drain drainage corridor
24 May 2010	NCC	1	Resource Consent - Subdivision The application seeks to subdivide an area of land currently zoned as main rural on 66 Franklin Road, Bay View into 6 lots and undertake earthworks.	Brian Nicholls	Notified Restricted Discretionary (hearing pending)	6 December 2011 Planning staff have met with the applicant and NCC planning staff to discuss stormwater and wastewater design for the proposed subdivision. Further information is required from the applicant as applicant now likely to modify his proposal. 26 July 2011 · Almost 12 months since Planning staff met with the applicant’s consultant. Options and scenarios for wastewater consenting and servicing are under consideration. NCC Planning staff have requested further information from the applicant. 14 July 2010 · Council submitted in opposition to the application seeking that the application be declined unless all of the 6 Lots were fully serviced. 12 June 2010 · Comment has been sought from the Regulation and Engineering teams. The stormwater solutions for the site are acceptable due to the free draining nature of the soils. The same soil types present an issue with on-site wastewater disposal and insufficient treatment. Coupled with the proximity of the subdivision to the coastal marine environmental it is likely that the Council will submit against the application. Submissions close 24 June 2010.
23 August 2010	NCC	1	Resource Consent – Subdivision The application seeks to subdivide 58 McElwee Street, Jervoistown Certificate of Tile HBM2/1351 into two separate lots.	Mr B. Joseph Consultant – Consult Plus Ltd	Notified Restricted Discretionary (subject to appeal)	14 November 2011 · Further mediation held 3 November. No immediate resolution. · Mediator has stated that the next step is to appeal to the Environment Court. Applicant to decide whether to uphold the appeal by February 2012. 24 May 2011 · Mediation with the applicant and NCC held. · Regional Council position maintained that: o No further discharge of stormwater will be accepted into the Jervois Drain, and o the option of discharging stormwater via the neighbouring ‘Claudatos scheme’ is only viable if a number of conditions are met. 27 January 2011 · Council has become a party to the appeal lodged by the applicant under Section 274 of the Resource Management Act 1991. The Council is interested in all of the proceedings but in particular is interested in issues relating to the effects of increased site coverage and stormwater collection, treatment and disposal. 17 November 2010 · Application was declined at Hearing held 17 November 2010 as it was decided that the creation of two 2000m²lots was contrary to the intent of the Napier District Plan. Applicant subsequently appealed NCC’s decision. 20 September 2010 · HBRC lodged submission opposing application. · Reasons include: o No provision for stormwater disposal and will likely result in adverse conditions in terms of flood levels and duration of flooding at a local level and the wider Jervoistown community. o Proposal to increase maximum site coverage from 10% to 25%. Concern that this will also increase adverse conditions in terms of flood levels and duration of flooding. · A 2009 report prepared by this Council (Jervoistown Drainage Analysis, Hawke’s Bay Regional Council, April 2009) outlines the drainage issues and provides the conclusion that incremental development at Jervoistown will continue to result in reduced drainage standard for the existing houses. A copy of this report was provided to Napier CC shortly after its publication.

HAWKE’S BAY REGIONAL COUNCIL

Environment and Services Committee

Wednesday 15 August 2012

SUBJECT: Asset Management Group report

Reason for Report

1. This report is provided in order to update Councillors about significant work activities under way within the Asset Management Group.

Section	Project	Activity Status Update
Engineering – Asset Management	Proposed Kairakau Community Scheme	Kairakau Community Scheme established by Council. Staff to meet with community representatives to finalise Memorandum of Understanding between Council and Community which sets out how the Scheme will operate.
	Kopuawhara Scheme	A number of flood mitigation scenarios have been examined, though no clear solution has been found to date. Further work is in progress.
	Ohuia Scheme	Getting rid of floodwater from this low lying area in a timely manner is an ongoing issue. The outlet from the Ohuia Lagoon to the Waihuatuna Lagoon is suspected of not working efficiently and this is to be examined once water levels get low enough, probably in the summer. A survey has been completed to determine the efficiency of a drainage channel draining a swamp area above Whakaki Lake. This is awaiting further input from the landowner. An issue with the performance of the flood gate at the Ohuia Pump station has resulted in repair/replacement being necessary in the summer.
	Makara Scheme	An update report on Makara No 1 dam is provided as a briefing paper to this meeting.
	Opoho Scheme	Landuse change in part of the catchment together with a desire by one landowner to amend the drainage has resulted in a scheme review being necessary. The site has been surveyed and a 2D model of the area is being used to determine the effects of various changes to the system. The model is working well, however no further progress has been made over a solution.
	Waikatuku Stopbank (Whakaki)	The Waikatuku stopbank protecting the Marae at Whakatu has been completed (Pryde Contracting). Planting to enhance and protect the bank is to be carried out by the hapu as part of the contract.
	Opoutama Flooding	A comprehensive model has been made of the Opoutama Catchment to assist Wairoa District Council (and HBRC) with flooding and land use issues in the catchment. The report has been completed and forwarded to WDC and the main landowner. Recent flooding issues in the catchment arising from prolonged rain has prompted some complaints from residents in the area.
	Central and Southern Scheme	Removal of willows from a section of Makara Stream, below the Makara Scheme area has been completed. The willows were causing congestion in the stream and resulting in flooding over a section of Kairakau Road. No flooding to Kairakau Road occurred during the July rain event.
	Proposed Waimarama Scheme	Since the April 2011 flooding staff have liaised with a working group to look at forming a flood protection scheme for the area. A survey of the complete stream from the mouth to Te Apiti North Road has been completed and a design grade, profile and capacity determined. A draft report including a rating proposal has been prepared awaiting comment from the liaison team. Subject to agreement from the working group input from the wider community will be sought through a Statement of Proposal. A meeting has been held with some of the rural community above the proposed scheme area to hear their concerns and an options report is to be presented to them in July/Aug. 2012. No further progress on this to date.
	River Gravel study	The river gravel supply and transport study has commenced with a contract with NIWA to work with HBRC staff on two aspects of the work programme developed in the scoping report approved by Council in November 2010. A report “Temporal variation in rainfall, flood occurrence and bed level in some rivers of the HB Region, March 2012” has been completed. The second part of the NIWA work involves bulk and surface grain size distribution beginning with the Ngaruroro River. A sediment transport model of the Ngaruroro has almost been completed by NIWA and this will then be used by HBRC staff to create a 1D morphological model to examine sediment transport, change processes for the other rivers in the region, starting with the Tukituki River. Data collection has started but delayed owing to the very wet seasons and constant elevated river levels. Auckland University has been engaged to study the effectiveness of beach raking. A master’s student has started this study assisted by HBRC. Field work is currently underway and the study is expected to take about a year subject to weather.
	Pathways	Construction of the Hawke’s Bay Trails has been in full swing in the 2011-2012 year albeit hampered by the ongoing wet weather. Work since May 2012 include: · Completion of off-road lime-sand pathway along Maraekakaho and Ngatarawa Roads. · Completion of off-road lime-sand pathway for HDC i-way project from Clive to Hastings. · Minor works associated with road crossings on lime-sand pathway from Pandora Bridge through reserve to opposite Westshore Pub. · Construction underway on SH50 to Stock Road. · Construction off site commenced for clip on structure on Maraetotara Bridge Clifton Road. Maintenance standards have been agreed and are being implemented.
	Capital works	County pumpstation building- renewal completed.
	Infrastructure insurance and asset risk review	LAPP has been notified of HBRC intention to possibly withdraw from the Scheme. Discussions continuing with commercial insurers and LAPP. Review and report expected to be completed for Corporate and Strategy Committee meeting September 2012.
	Tutaekuri Ecology Management Plan	Planning and investigation work has been largely completed. Cultural assessment requires further input. This is currently underway. The draft Ecological Management and Enhancement Plan is 90% complete.
	Gisborne District Council River Management	Awapuni Lagoon culvert - Construction completed. A condition survey and assessment has been carried out on a test section the Waipaoa Flood protection scheme. Results of this assessment have been discussed with GDC and a future plan of assessment developed. Specific advice provided on rivers at Tolaga bay and Tokumaru Bay. River and flood management advice has been provided on request.

Biosecurity	Initial control contracts	All initial control projects programmed in 2011/12 completed. Contract let for remaining 16,000ha of initial control to be completed in 2012/13.
	Projects - Poutiri, Coordinated goat management, argentine ants.
	Animal Health Board	98% of 2011/12 programme complete. This included: 270,516ha ground control; 72,531ha of aerial control; plus a number of surveys and trend monitoring.
	Review of Regional Pest Management Strategies	Finalisation of RPMS on hold pending an environment court appeal. Mediation date set for 12 September 2012.
	Urban pest management	Contract let for urban area pest control to be undertaken around Poraiti and Park Island in the 2012/13 year, and work commenced.
	Legislative change – amendments to the Biosecurity Act.	Changes likely to be agreed by government and passed into law within the next six months. Meetings held with Primary sector group seeking to take a more proactive approach to management of pest incursion risks in HB. Meeting being arranged with MAF reps to discuss how this can be achieved under Government Industry Agreements.

Land Management	Regional Landcare Scheme	Ongoing refinement being implemented to better match demand with available funding in 2012/13 year.
	Intensive landuse – Particularly Ruataniwha Water Storage and plan change implementation	A proposed approach to managing the effects of intensive land use on water quality, with particular emphasis on phosphorous well advanced. This proposal will be discussed with pan sector primary industry group before bringing to Council for final endorsement in October.
	Key Stakeholder groups – Pan sector, Pastoral steering, Dairy group etc.	Pan sector primary industry group being established and providing useful sounding board for HBRC regional initiatives.
	Regional Afforestation Project	Carbon Strategy and operational project plan being progressed with objective of obtaining endorsement from the September meeting of the Corporate and Strategy Committee.
Forestry	Mahia Beach waste water	Legal agreements with WDC for ongoing management finalised. Contribution to cost of land paid by Wairoa District Council.

Open Spaces	Pekapeka wetland	Board walks and other development works associated with interpretation site completed. New management plan being developed. Further development options being developed in conjunction with potential funders.
	Tutira Country Park	Manuka seedlings planted over 50ha area in Tutira Country Park in July 2012.
	Council owned wetlands	Ecological monitoring report draft completed. Expected to be completed over next month.
	Regional open spaces review	Review commenced. Objective is to develop framework for development, management, and marketing regional open space facilities, and to determine pressure points and gaps in current portfolio. Report back to Council expected around September 2012.

Other	159 Dalton St	Claims against building contractor lodged in District and High Courts in March 2012. Remedial work specialist commissioned to prepare necessary contract documentation and project manage remedial work. Remedial work expected to commence late 2012.

DECISION MAKING PROCESS

1. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

RECOMMENDATION

1. That the Environment and Services Committee recommends Council receives the report.

Mike Adye, Group Manager Asset Management

Attachment/s

There are no attachments for this report.

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