MINUTES OF A MEETING OF THE REGIONAL PLANNING COMMITTEE

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1 MINUTES OF A MEETING OF THE REGIONAL PLANNING COMMITTEE Date: Wednesday 3 February 2016 Time: Venue: am Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER Present: Mr Toro Waaka Co-Chairman -Ngati Pahauwera Development & Tiaki Trusts Cr Fenton Wilson Co-Chairman Cr Rick Barker Cr Peter Beaven Cr Tom Belford Cr Alan Dick Cr Rex Graham Cr Debbie Hewitt Mr Karauna Brown, Ngati Hineuru Iwi Inc Ms Tania Hopmans, Maungaharuru-Tangitu Trust Mr Peter Paku, He Toa Takitini Cr Dave Pipe Cr Christine Scott Mr Rangi Spooner, Mana Ahuriri Incorporated Mr Allen Smith, Te Tira Whakaemi o Te Wairoa In Attendance: James Palmer Group Manager Strategic Development Iain Maxwell Group Manager Resource Management G Ide Manager Strategy & Policy M Baker Senior Planner D Gordon Principal Scientist Groundwater S Swabey Manager Science A Haidekker Scientist J Dick Ngati Kuhugnunu II N Tiuka NKII M Apatu NKII N van Pelt Executive Assistant Meeting of the Regional Planning Committee 3 February 2016 Page 1

2 1. Welcome/Apologies/Notices Karakia Toro Waaka Chairman Fenton Wilson welcomed everyone to the meeting Notices Acting Chief Executive Elizabeth Lambert is unavailable today. Apologies RPC1/16 That the apologies for absence from Mr Nigel Baker be accepted. 2. Conflict of Interest Declarations There were no conflict of interest declarations. Scott/Barker 3. Confirmation of Minutes of the Regional Planning Committee Meeting Held on 4 November 2015 RPC2/16 Minutes of the Regional Planning Committee held on Wednesday, 4 November 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. Pipe/Beaven 4. Matters Arising from Minutes of the Regional Planning Committee Meeting Held on 4 November 2015 There were no matters arising from the minutes. 5. Follow-up Items from Previous Regional Planning Committee Meetings RPC3/16 Mr Wilson updated the Committee on the status of the follow-up items on the list. Maori rep on the HB Tourism Board: A Job description will be going out in the next 4-6 weeks. Water Quantity Allocation Policy and Consenting Processes workshop: Mr Maxwell would like to clarify the scope of the Workshop session and will report back at the April meeting. 1. That the Regional Planning Committee receives the report Follow-up Items from Previous Regional Planning Committee Meetings. Dick/Scott 6. Call for any Minor Items not on the Agenda That Regional Planning Committee accepts the following minor items not on the agenda, for discussion as item 17: 1. Waihi dam (Cr Graham) Meeting of the Regional Planning Committee 3 February 2016 Page 2

3 7. Heretaunga Plains Groundwater Science Investigations Mr Maxwell gave some background for those who have not been aware of discussions and information that went to council prior to today s meeting. Mr Maxwell explained that the paper has set out as best as possible the costs, benefits and risks that might have to be considered when looking at the options available. Mr Maxwell also noted that there are no recommendations in the paper as staff were only asked to look at options to bring back to the Committee. It has not been set out in the paper how to fund any options as this would be the next stage depending on which option is chosen. The paper only covers the external costs and borrowing would be likely to fund the work., Details would be brought back to the committee depending on which option is chosen. Mr Dougall Gordon, Mr Stephen Swabey provided an overview of the Heretaunga Plains Groundwater Science Investigations. Mr Gordon talked the Committee through the potential benefits, limitations, risks, estimated costs and timeframes for several options (outlined in the report). Staff also outlined the current approach to engaging with well drillers on groundwater matters. The item was adjourned at 12pm, so that item 14 could be considered at the scheduled time on the Agenda. 14. Verbal Presentation of NKII Perspectives on RRMP Change 5 RPC4/16 Mr Ngaio Tiuka, Mr Marei Apatu & Mr Jonathan Dick gave a verbal presentation on Plan Change 5 and the Ngati Kahungunu Iwi Incorporated appeal to the Environment Court. It was pointed out that a substantial number of issues were resolved through the mediation process. Mr Tiuka covered the mediation resolutions. Mr Toro Waaka extended an invitation to Mr Tiuka, Mr Apatu and Mr Dick to the Pre meeting of Tangata Whenua Representatives held prior to each Regional Planning Committee meeting. 1. That the Regional Planning Committee receives and takes note of the Verbal Presentation of NKII Perspectives on RRMP Change 5. Waaka/Graham The meeting adjourned at 12.30pm and reconvened at 1.07pm 7. Heretaunga Plains Groundwater Science Investigations RPC5/16 Discussions continued s 1. That the Regional Planning Committee receives and takes note of the Heretaunga Plains Groundwater Science Investigations report Agrees that the decisions to be made are significant under the criteria that Council may need to consult directly with the community about these matters Continues to develop the coupled groundwater/surface water model to full scenario testing capability with urgency. 2.3 Requests staff bring back to Council, for consideration for the 2018 LTP, a cost/benefit analysis for a staged programme of deep drilling of the Heretaunga aquifer. Meeting of the Regional Planning Committee 3 February 2016 Page 3

4 Councillor Beaven moved an amendment, seconded by Councillor Belford; being an additional resolution 2.4: 2.4 Instructs staff to consult with local practitioners and report back on a programme of isotope tracer analysis to better inform TANK on sources of water in the aquifer and the interaction between ground and surface water. Beaven/Belford For: Smith, Hopmans, Barker, Spooner, Paku, Belford, Graham, Beaven, Waaka, Kirikiri, Brown (69%) Against: Wilson, Scott, Hewitt, Pipe (25%) Abstained: Dick In accordance with the RPC Terms of Reference, the agreement of 80% of the Committee members in attendance is required to pass a resolution. The amendment was LOST and therefore the substantive motion was PUT LOST 1. That the Regional Planning Committee receives and takes note of the Heretaunga Plains Groundwater Science Investigations report Agrees that the decisions to be made are significant under the criteria that Council may need to consult directly with the community about these matters Continues to develop the coupled groundwater/surface water model to full scenario testing capability with urgency. 2.3 Requests staff bring back to Council, for consideration for the 2018 LTP, a cost/benefit analysis for a staged programme of deep drilling of the Heretaunga aquifer. 8. Ngaruroro River and Clive River Water Conservation Order Application RPC6/16 Mrs Mary-Anne Baker presented an overview of the application for the conservation order over the Ngaruroro and Clive rivers and covered the implications of this. s 1. That the Regional Planning Committee receives and notes the report titled Ngaruroro River and Clive River Water Conservation Order Application. 2. The Committee s Co-Chairs, on behalf of the Regional Planning Committee, write to the Minister for the Environment to: 2.1. respectfully request that the Minister decline the WCO application for the Ngaruroro and Clive Rivers, but note the potential for a future application once the Plan Change process has been completed inform the Minister of the Committee s concerns described in this report and any other matters arising at the meeting, particularly in relation to: The Regional Planning Committee s own role and responsibilities regarding planning documents prepared under the RMA the impact of a WCO process on existing Council-led initiatives Meeting of the Regional Planning Committee 3 February 2016 Page 4

5 including the TANK process and science programme the desirability of waiting for outputs from the current work programme to better inform land and freshwater management planning decisions the risk to integrated land and water management of the Ngaruroro and other connected rivers and groundwater s the risk to the Council and community efforts to implement the NPSFM the CEF-funded project being led by the Regional Council to develop criteria and methodology for use in identifying values of outstanding water bodies in NPSFM 2014 terms the potential inefficient use of resources as Council, iwi and stakeholders are diverted by a process that seeks the same outcomes as existing processes to progressively and fully implement the NPSFM before 31 December the limitations to consider the full range of management options available under the RMA to manage land and water use in the subject catchments. 3. The Regional Planning Committee recommends that Council: 3.1. Agrees that the decisions to be made are not significant under the criteria without conferring directly with the community Notes the Committee s concerns and supports the Committee s expression of those concerns in writing to the Minister for the Environment and Minister of Treaty Claims. Waaka/Wilson 9. Future of the Greater Heretaunga/Ahuriri (TANK) Collaborative Stakeholder Group RPC7/16 Mr James Palmer gave a recap on the TANK Group and the TANK project. The TANK project is much wider than the work of the TANK Collaborative Stakeholder Group. The wider TANK project is a plan change process that needs to give effect to Plan Change 5, the National Policy Statement on Freshwater Management and must address many of the emerging issues around fresh water management in the region. It also involves the complex interactions between all of the hydrologically connected catchments. Mr Palmer will provide an update to the RPC meeting in April. s 1. That the Regional Planning Committee: 1.1. Receives and takes note of the report titled Future of the Greater Heretaunga/Ahuriri (TANK) Collaborative Stakeholder Group Notes and acknowledges the progress made by the TANK Group, particularly presentation of the Group s Interim Report, work on identifying freshwater values and objectives, and possible indicators of plan change and policy option effectiveness Notes that an application has been lodged for a Water Conservation Order for the Ngaruroro and Clive rivers, plus their tributaries and connected Meeting of the Regional Planning Committee 3 February 2016 Page 5

6 groundwater systems, and that process will significantly complicate the TANK plan change project s planning and science work programmes Notes that key science inputs into the TANK Group process remain a priority for the Science Team, and timeframes for critical science delivery will be reviewed and presented to the Regional Planning Committee s meeting in April Agrees that the decisions to be made are not significant under the criteria without conferring directly with the community and persons likely to be affected by or to have an interest in the Future of the Greater Heretaunga/Ahuriri Collaborative Stakeholder Group (a.k.a. the TANK Group ) Agrees that the TANK science work programme and the TANK Science Technical Advisory Group continue their work as a matter of priority for the Council Requests that the Group Manager Strategic Development: Ms Hopmans left the meeting at 3.06pm reports back to the Regional Planning Committee meeting in April 2016 with a draft master plan for the TANK plan change project outlining critical deliverables and dependencies between now and the plan change becoming operative reports back to the Regional Planning Committee meeting in April 2016 with a framework to clarify the relationship between the Regional Planning Committee and any collaborative regional plan development processes undertaken in the region, including protocols around membership reports back to the Regional Planning Committee meeting in April 2016 with a proposed approach to the TANK Group s operations, including on matters of leadership and facilitation reports back to the Regional Planning Committee, upon enactment of the Resource Legislation Amendment Bill, with an analysis of options for any statutory recognition of past or future collaborative planning within the TANK project. Graham/Hopmans 10. Tutaekuri and Ngaruroro Catchments Nutrient Limitation of Algal Growth RPC8/16 Mrs Sandy Haidekker introduced the item to the committee which summarises the findings of a study conducted to inform the process of setting nutrient management strategies in a proposed plan change for the Tutaekuri, Ahuriri, Ngaruroro and Karamu catchments. s The Regional Planning Committee recommends that Council: 1. Agrees that the decisions to be made are not significant under the criteria that Council can exercise its discretion and make decisions on this issue without conferring directly with the community. 2. Approves the Tutaekuri and Ngaruroro Catchments Nutrient Limitation of Meeting of the Regional Planning Committee 3 February 2016 Page 6

7 Algal Growth report for publication. 11. Karamu Catchment Ecological Health of Lowland Streams RPC9/16 Mrs Sandy Haidekker introduced the item to the committee. s 1. That the Regional Planning Committee receives the Karamu Catchment Ecological Health of Lowland Streams report Agrees that the decisions to be made are not significant under the criteria contained in Council s adopted Significance and Engagement Policy and without conferring directly with the community Approves the Karamu Catchment Ecological Health of Lowland Streams report for publication. 12. Resource Legislation Amendment Bill RPC10/16 Mr Palmer presented the report on the Resource Legislation Amendment Bill. The select committee will be receiving submission s until 14 th Mar s 1. That the Regional Planning Committee: 1.1. Receives and takes note of the Resource Legislation Amendment Bill report Provides feedback at the meeting to planning staff on content of a draft submission to be prepared Members provide feedback via to planning staff on a draft submission to be prepared following discussion and feedback at the Committee meeting, so that feedback can inform a revised draft submission for consideration by the Council at its meeting on 24 th February Agrees that the decisions to be made are not significant under the criteria without conferring directly with the community and persons likely to be affected by or to have an interest in the decision Makes a submission on the RLA Bill, which is broadly supportive of the LGNZ submission (currently being drafted), and raises points requiring further explanation, and consideration of particular concerns from a local Hawke s Bay perspective. This submission will be in line with the staff assessment prepared so far and as attached, and with any matters raised by members of the Regional Planning Committee. Meeting of the Regional Planning Committee 3 February 2016 Page 7

8 13. Marine Protected Areas Consultation Document RPC11/16 Mr Palmer provided an overview of this item. The government is presently consulting on a new marine protected areas regime which would update the current 1971 Marine Reserves Act. This is a complicated act and our interest lies in the coastal strip and our responsibilities are for management of that and how it might interact with the new regime. s Cr Hewitt left at 4.20pm 1. That the Regional Planning Committee receives and notes the Marine Protected Areas Consultation Document report Agrees that the decisions to be made are not significant under the criteria without conferring directly with the community Supports Local Government New Zealand s preparation of a submission on the MPA Consultation Document, on behalf of the local government sector. Barker/Graham 15. February 2016 Resource Management Planning Project Update RPC12/16 Mr Ide gave an update of the February 2016 Resource Management Planning Projects. 1. That the Regional Planning Committee receives and takes note of the February 2016 Resource Management Planning Projects Update report. Dick/Beaven 16. November January 2016 Statutory Advocacy Update RPC13/16 Mr Ide provided an update on the November January 2016 Statutory Advocacy report. Mr Ide also talked the committee through attachment 3 Harmonisation of Napier Plan Change 10 and the Hastings District Plan Review provisions. 1. That the Regional Planning Committee receives the November 2015 January 2016 Statutory Advocacy Update report. Pipe/Belford 17. Minor Items not on the Agenda ITEM TOPIC COUNCILLOR / STAFF 1. Waihi Dam: Expressed how upset he and the community are over the Waihi dam, and hopes the Eastland Group will be held accountable. Cr Graham Meeting of the Regional Planning Committee 3 February 2016 Page 8

9 Closure: There being no further business the Chairman declared the meeting closed at 4.37pm on Wednesday 3 February Signed as a true and correct record. DATE:... CHAIRMAN:... Meeting of the Regional Planning Committee 3 February 2016 Page 9

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