Flood Protection and Drainage Proposed Bylaw 2020 Hearings

Open Minutes

Commencing:             Wednesday 26 August 2020, 9.30 am

Venue:                         Mataatua Room, Bay of Plenty Regional Council Building 5 Quay Street, Whakatane 3120

Chairperson:               Cr Andrew von Dadelszen

Commissioners:          Cr Norm Bruning

Cr Bill Clark

Cr Toi Kai Rākau Iti

Cr David Love

Cr Kevin Winters

In Attendance:            Staff: Chris Ingle (General Manager, Integrated Catchments), Toni Briggs (Project Manager), Kirsty Brown (Rivers and Drainage Assets Manager), Bruce Crabbe (Rivers and Drainages Operations Manager), Mark Townsend (Engineering Manager), Jessica Durham (Hearing Advisor)


Submitters: Wayne Wharekura (submitter 0021), Ian Gibson (submitter 0022), John Meikle (Fish and Game, submitter 0016), Maru Tapsell (submitter 0005), Chris Peterson (submitter 0025), Richard Weld (submitter 0015), Chris Timbs (via Zoom, Solicitor on behalf of Ian Connor, submitter 0029), Ian Connor (submitter 0029), Momentum Planning and Design (submitter 0046), Mark Chrisp (Fonterra, submitter 0032), Louann Hurrell (Fonterra, submitter 0032), Jonathan Richardson (Fonterra, submitter 0032), John Strothers (submitter 0013), Daryl Jensen (Federated Farmers, submitter 0028), Alan Law (Federated Farmers, submitter 0028), William Akel (via Zoom, submitter 0001)

1.     Opening of Hearings

Each Submitter was given 10 minutes for points of clarification and to speak to facts included within their submission.

2.     Opening Karakia

A karakia was provided by Cr Toi Kai Rākau Iti.

3.     Declaration of Conflicts of Interest

None declared.

4.     Consideration whether to receive late submissions


That the Flood Protection and Drainage Proposed Bylaw 2020 Hearing Panel:

1          Accepts all late submissions as at the date of the pre-hearings meeting on 14 August 2020.

von Dadelszen/Winters


5.     Hearing of Submitters


Wayne Wharekura


Key Points:

·       The proposed bylaw would deeply affect the value of the property and limit where he was able to build on his site.

Points of clarification sought:

·       The District Council Plan did not have the same impacts as proposed by the bylaw.



Ian Gibson

Tabled Document 1 - Photos of 24 Bridge St, Edgecumbe: Objective ID A3613076   


Key Points:

·       The property flooded regularly since initially purchased 14 years ago, which damaged equipment over that time.

·       Undertook mitigation to avoid ongoing damage from flooding.



John Meikle (Fish and Game)


Key Points:

·       Read part 2 of the submission out in full, and particularly highlighted the wording proposed in point 4.2 and enforceability concerns about the environmental code of practice raised in point 4.3.

Points of clarification sought:

·       The submission was on the basis of current law within New Zealand, rather than proposed incoming amendments.



Maru Tapsell


Key Points:

·       Highlighted the quadruple bottom lines that needed accounting for in the proposed bylaw; economic, social, cultural, and environmental wellbeings.

·       Requested a literature review be undertaken in relation to any inclusion of Matauranga Māori and Tikanga within the proposed bylaw.



Chris Peterson

Tabled Document 2 - Submission on Proposed Flood Protection and Drainage Bylaw 2020 - Mr Chris Peterson: Objective ID A3613074  

Tabled Document 3 - Marine Industrial Precinct - Opotiki Marina and Industrial Park Limited, Project Overview: Objective ID A3613072   


Key Points:

·       Strongly opposed the proposed bylaw.

·       Concerned a 20 hectare development would be affected and cancelled.

·       Did not accept the reasoning and factual basis of the proposed bylaw had sufficiently proven it was necessary and capable of resolving the issues.

·       Raised concern for access to his proposed new development.

·       Advised the floodway would not be developed on.

Points of clarification sought:

·       Highlighted the inconsistency in the naming of animals allowed on the stopbank.

·       Regional Council had previously supported the zoning of the land to industrial.

·       Dredging work was not within the submitter’s purview.

10:25am - The meeting  adjourned.

10:35am - The meeting  reconvened.


Chris Timbs and Ian Connor


Key Points:

·       Raised concern for flooding and damage caused by proposed Waioeka Floodway.

·       Highlighted the Waioeka Floodway was first being identified within the proposed bylaw rather than a Rivers and Drainage Asset Management Plan.

·       If the Waioeka Floodway was to proceed as proposed, highlighted amendments raised at point 3 of the submission.

·       Commissioners were invited for a site visit.

Points of clarification sought:

·       Concerned Huntress Creek becoming a category 1 conservation area could change the course of the river in a flood event.



Momentum Planning and Design

Tabled Document 4 - Momentum Planning and Design - Rangiuru Business Park, Map highlighting open drain number 69: Objective ID A3613073   


Key Points:

·       Rangiuru Business Park had an existing open drain numbered 69 on the map provided as Tabled Document 4.

·       Sought relief to exclude open drain 69 from the proposed bylaw maps.

Points of clarification sought:

·       Open drain 69 was consented.



Mark Chrisp, Jonathan Richardson, Louann Hurrell (Fonterra)


Key Points:

·       Supported the proposed bylaw.

·       Proposed bylaw was too restrictive for carrying out urgent or maintenance works.

·       ‘Allowing to grow’ could be interpreted as including existing plantings.

·       Definition of backyard cultivation should be more specific.



John Strothers


Key Points:

·       Highlighted channelling of water underground in areas when the river was high.

·       Floods caused a build-up of silt on the island upstream from bridge and if it broke away could cause damage.

·       Sand bar protruding from Rangitāiki River mouth was too narrow and caused a choke point.



Daryl Jensen and Alan Law (Federated Farmers)


Key Points:

·       Needed to allow access for moving stock in emergency events.

·       Stopbank distances should measure from the centre of the stopbank.

·       Sought information on how the exemption request process would work.

·       Canal previously failed to function as intended in floods.

·       Earthworks should exclude drain-clearing and regular maintenance.

·       Concern for fencing costs.

·       Room for diggers to clear drains needed to be allowed for within the proposed bylaw.

Points of clarification sought:

·       Suggested communication could be in person as well as social media and within newspapers as well as notes on property titles to raise awareness of bylaw obligations.



William Akel


Key Points:

·       Agreed with Federated Farmers’ submission.

·       Suggested earthworks definition needed flexibility.

·       Concerned for existing trees under proposed bylaw.

12:14pm - The meeting  adjourned.

12:45pm - The meeting  reconvened.


Richard Weld


Key Points:

·       Raised concern for the technical basis of the proposed bylaw.

12:55pm - The meeting  adjourned.

2:30pm - The meeting  reconvened.

6.     Closing of Hearings

The Chairperson offered his thanks to staff for their efforts and requested a site visit the morning of Friday, 11 September 2020.

7.     Closing Karakia

A karakia was provided by Cr Toi Kai Rākau Iti.

2:33pm – the hearing closed.



                                                                                                                    Cr Andrew von Dadelszen

Chairperson, Flood Protection and Drainage Proposed Bylaw 2020 Hearing Panel