Strategy and Policy Committee Agenda

NOTICE IS GIVEN that the next meeting of the Strategy and Policy Committee will be held Via Zoom (Audio Visual Meeting) on:

Wednesday 27 October 2021 COMMENCING AT 09:30 am

Due to Covid19 Alert Level 2 restrictions this meeting will now be held via Zoom (Audio Visual Meeting) and live streamed and recorded.

The Public section of this meeting will be recorded and uploaded to Bay of Plenty Regional Council’s website.  Further details on this can be found after the Terms of Reference within the Agenda.

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

19 October 2021

 


 

Strategy and Policy Committee

Membership

Chairperson

Cr Paula Thompson

Deputy Chairperson

Cr Stuart Crosby

Members

All Councillors

Quorum

Seven members, consisting of half the number of members

Meeting frequency

Six weekly rotation between committee meetings and strategic sessions

Purpose

·                Inform the strategic direction for the Council and implement through approved planning and policy frameworks.

·                Identify regional issues resulting from emerging trends, providing thought leadership on matters of regional significance, analysing implications and developing a strategic response.

Role

·                Develop, implement and review best practice strategy, policy and planning framework for decision making which enables connection across committees of Council.

·                Consider emerging environmental issues and provide advice on the implications for effective resource management within the region.

·                Inform Council’s strategic direction, including prioritisation and policy responses.

·                Enhance awareness and understanding of emerging issues and trends relating to meeting Councils strategic direction.

·                Develop Council’s position on regionally significant issues and provide guidance on sub-regional and regional strategy matters such as spatial planning and SmartGrowth.

·                Approve submissions on matters relating to the committee’s areas of responsibility that are not delegated to staff.

·                The provision of governance oversight into the development and review of policies, plans, and strategies.

·                Approve statutory and non-statutory plans, strategy and policy other than those required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

·                Develop, review and approve Council’s position on regional economic development.

·                Consider any issues delegated by Council that have a regional, environmental, social or economic focus.

·                Develop and review bylaws.

·                Delegate to hearings commissioners under section 34A of the Resource Management Act 1991 to exercise the powers, functions duties in relation to any authorities that have been delegated by Council to the committee.

Power to Act

To make all decisions necessary to fulfil the role and scope of the committee subject to the limitations imposed.

The Strategy and Policy Committee is not delegated authority to:

·                Approve the Regional Policy Statement and bylaws;

·                Review and adopt the Long Term Plan and Annual Plan;

·                Develop and review funding, financial, Risk and Assurance Policy and frameworks;

·                Approve Council submissions on Maori related matters;

·                Develop, approve or review non statutory policy for co-governance partnerships.

Power to Recommend

To Council and/or any standing committee as it deems appropriate.


 

Recording of Meetings

Please note the Public section of this meeting is being recorded and streamed live on Bay of Plenty Regional Council’s website in accordance with Council's Live Streaming and Recording of Meetings Protocols which can be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within two working days after the meeting on www.boprc.govt.nz for a period of three years (or as otherwise agreed to by Council).

All care is taken to maintain your privacy; however, as a visitor in the public gallery or as a participant at the meeting, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

 


Bay of Plenty Regional Council - Toi Moana

Governance Commitment

mō te taiao, mō ngā tāngata - our environment and our people go hand-in-hand.

 

 

We provide excellent governance when, individually and collectively, we:

·        Trust and respect each other

·        Stay strategic and focused

·        Are courageous and challenge the status quo in all we do

·        Listen to our stakeholders and value their input

·        Listen to each other to understand various perspectives

·        Act as a team who can challenge, change and add value

·        Continually evaluate what we do

 

 

TREAD LIGHTLY, THINK DEEPLY,
ACT WISELY, SPEAK KINDLY.


Strategy and Policy Committee                                                                                 27 October 2021

Recommendations in reports are not to be construed as Council policy until adopted by Council.

Agenda

1.       Apologies

2.       Public Forum

3.       Items not on the Agenda

4.       Order of Business

5.       Declaration of Conflicts of Interest

6.       Public Excluded Business to be Transferred into the Open

7.       Minutes

Minutes to be Confirmed

7.1      Strategy and Policy Committee Minutes - 4 August 2021                   2

8.       Reports

Strategy

8.1      Operating Environment                                                                           2

Attachment 1 - Local Government Futures - A Discussion Paper                                 2

Attachment 2 - Summary of key upcoming legislative changes and potential impacts July 2021                                                                                                                                2

Attachment 3 - Strategy and Policy Committee Tentative Work Programme 2021   2

8.2      Community Impact Network Action Plan                                              2

Attachment 1 - Community Participation Impact Action Plan                                       2

Regulatory Policy

8.3      Essential Freshwater Policy Programme - Update and Notification Deadline                                                                                                    2

8.4      Update to Regional Policy Statement - Housing Bottom Lines          2

Attachment 1 - Draft update to Policy UG 25B - October 2021                                    2

8.5      Streamlined Planning Process for Proposed Change 6 (NPS UD) to the Regional Policy Statement                                                                      2

Attachment 1 - Streamlined Planning Process Application for draft Proposed Change 6 (NPS UD) to the RPS                                                                                                         2

Attachment 2 - draft Proposed Change 6 (NPS UD) to the RPS Version 1.11             2

Attachment 3 - Summary of SPP criteria and mandatory steps                                    2

Attachment 4 - Risks and mitigation                                                                                  2

Non-Regulatory Policy

8.6      Sustainable Homes Scheme: design decisions                                      2

Attachment 1 - Sustainable Homes Scheme: design options and discussion              2

Other

8.7      Update on climate change adaptation work                                         2

9.       Public Excluded Section

Resolution to exclude the public

Excludes the public from the following parts of the proceedings of this meeting as set out below:

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

9.1

Public Excluded Strategy and Policy Committee Minutes - 4 August 2021

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

 

Minutes to be Confirmed

9.1      Public Excluded Strategy and Policy Committee Minutes - 4 August 2021

10.     Public Excluded Business to be Transferred into the Open

11.     Readmit the Public

12.     Consideration of Items not on the Agenda


Strategy and Policy Committee Minutes

4 August 2021

 

Strategy and Policy Committee

Open Minutes

Commencing:             Wednesday 4 August 2021, 9.30 am

Venue:                         Council Chambers, Ground Floor, Regional House, 1 Elizabeth Street, Tauranga

Chairperson:               Cr Paula Thompson

Deputy Chairperson:  Cr Stuart Crosby

Members:                    Chairman Doug Leeder

Cr Jane Nees

Cr Te Taru White

Cr Kevin Winters

Cr Lyall Thurston

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stacey Rose

Cr Andrew von Dadelszen

In Attendance:            Presenters - as listed in the minutes, Fiona McTavish – Chief Executive (from 12.30 pm), Namouta Poutasi – General Manager Strategy and Science,  Chris Ingle – General Manager Integrated Catchments, Sarah Omundsen – General Manager Regulatory Services, Amanda Namana – Committee Advisor

Apologies:                  Cr Matemoana McDonald, Cr Toi Kai Rākau Iti

 

Please note that the meeting was recorded via Zoom and is available on the Council YouTube channel via this link Strategy and Policy Committee - August 2021

 

1.     Karakia

Cr Te Taru White acknowledged the passing of both Philip Sherry and Kaumātua Dr Kihi Ngatai, followed by a karakia and a minute of silence.

2.     Apologies

Moved

That the Strategy and Policy Committee:

1        Accepts the apologies from Cr Matemoana McDonald and Cr Toi Kai Rākau Iti tendered at the meeting.

Thompson/Rose

CARRIED

3.     Declaration of Conflicts of Interest

Cr Lyall Thurston: Agenda Item 8.6 – Recommendations from Komiti Māori

Cr Te Taru White: Agenda Item 8.6 – Recommendations from Komiti Māori

Cr Andrew von Dadelszen – Agenda Item 5.9 - Increasing Council support for volunteers and community groups - options arising from LTP 2021-31 deliberations

4.     Minutes to be Confirmed

4.1

Strategy and Policy Committee Minutes - 4 May 2021

 

Resolved

That the Strategy and Policy Committee:

1.    Confirms the Strategy and Policy Committee Minutes - 4 May 2021 as a true and correct record.

Thompson/Nees

CARRIED

5.     Reports

Strategy

5.1

Operating Environment

Presentation: NZ Marine Science Conference 2021: Objective ID A3898631

Professor Chris Battershill – Waikato University Chair in Coastal Sciences presented an update to the Committee on the New Zealand Marine Sciences Society Conference held 5-8 July 2021 in Tauranga.

Key Points:

·       Largest conference ever held for marine science in New Zealand and the country’s first NZ Marine Science conference with a Mātauranga Māori theme

·       Most of the work on large national science projects was being undertaken within the Bay of Plenty, which was an acknowledgement of  the innovation happening

·       Plenary speakers set the scene for Mātauranga across the conference

·       The conference attracted all disciplines associated with marine science including molecular science, innovation, aquaculture, conservation and sustainably making a living out of the sea

·       Kelp and algae focused on the diminishment of kelp forests, algae bioremediation opportunities for cleaning water

·       Approximately 40% of carbon that came off the land was utilised in primary productivity in the sea, highlighting important connectivity

·       The new algal facility at Sulphur Point was identifying many commercialisation outcomes

·       Outlined the work of University of Waikato’s Artificial Intelligence Institute and how this could benefit the ocean with underwater remote vehicles for invasive species or aquaculture.

Key Points - Members:

·        Acknowledged the reference to Mātauranga Māori throughout the presentation.

In Response to Questions:

·        Discussion had occurred on the potential transfer of responsibility for monitoring marine reserves from the Ministry for Primary Industries (MPI) to the Regional Council. The Resource Management Act (RMA) review may present an opportunity to forge a new way of managing marine protected areas

·       International participants were looking to New Zealand for leadership and many  marine science practitioners were acutely aware of first nations’ interests. There was strong recognition of the role and importance of Mātauranga

·       Development of a marine spatial plan should be considered quickly to create connectivity throughout the moana and lead the way with policy and management of Motiti protected areas.   Data was available to support this

·       Crayfish and large snapper predate kina and marine protection was trying to restore some of the balance to the food chain.

 

 

Resolved

That the Strategy and Policy Committee:

1        Receives the presentation, NZ Marine Science Conference 2021.

                                                                                        Thompson/Clark

                                                                                                      CARRIED

General Manager Strategy and Science Namouta Poutasi and Policy and Planning Manager Julie Bevan introduced the Operating Environment report and responded to questions.

Update from Chairman Doug Leeder

Key Points:

·        The raft of changes and resulting expectations was a challenge in terms of resourcing for rural communities and for councils in the freshwater and climate change spaces

·        Most of the Department of Conservation (DOC) funding profile for Jobs for Nature had been allocated, therefore it was being recommended that the format for the reference group be changed

·        The Farm Plan discussion document under the National Policy Statement was out for consultation until September 2021

·        First draft of the regional sector’s submission to the Future for Local Government had been received.

Key Points - Members:

·       It was important to discuss how best to facilitate community input into how local government should operate in the future

·       Councils needed to assist in facilitating community input into the various reforms.

In Response to Questions:

·       Central government needed to allow more time for community engagement regarding the various reforms

·       Regional councils would have responsibility for monitoring the safety of drinking water, which was included in the freshwater programme.

Update from Cr Stuart Crosby – President, Local Government New Zealand (LGNZ)

Key Points:

·       Provided an update on the LGNZ conference held in Blenheim July 2021

·       Heads of Agreement signed between LGNZ and the government to form a genuine partnership on how the sector and government could work together.

·       The final Future for Local Government report would be presented to central government in April 2023

·       Encouraged councillors to start conversations sooner rather than later with communities on the future for local government

·       LGNZ was facilitating elected member input into Future for Local Government through the Zone Meetings

·       Territorial Local Authorities (TLA’s) had until 1 October 2021 to consider, analyse and undertake due diligence on the Three Waters data provided to them

·       Concerned about how communities could participate in the proposed regional plans under the RMA reforms, given the timeframes.

Key Points - Members:

·        Iwi Leadership Forum was seeking a mandate within the proposed Three Waters Entity B zone to work collectively in participating in the various reforms

·        Expressed concern around engaging with communities for what were essentially government initiatives and responsibility

·        The biggest challenge was identifying how to turn challenges into opportunities and councils’ role in facilitating community discussion and involvement in such significant changes for local government and their communities.

In Response to Questions:

·        Referenda was one of many tools available but the key was the quality of information being provided, with still further data to come from central government.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Operating Environment.

Thompson/White

CARRIED

 

5.2

Bay of Connections update

Presentation: Bay of Connections update: Objective ID A3898630

Programme Manager – Regional Economic Develop Dean Howie and Bay of Connections Chair Tim Hurdle presented this item.

Key Points:

·        Focus had been on the regional recovery framework

·        Diversity among members provided a diverse range of thought and issues were looked at through a regional lens

·        The data project was likely to grow through the Regional Data Group as information sets became available and trends emerged

·        Current challenges to regional economy were labour market and housing shortages

·        Was mindful of the ongoing threat of Covid-19 and the potential impact to the economy

·        Provided community leadership in supporting transition to a regional low carbon economy ensuring this was not seen as a trade-off between economic growth and environmental outcomes.

Key Points - Members:

·        Local developers were expressing frustration at the lack of practical solutions for recycling construction waste, particularly in Tauranga.

In Response to Questions:

·        Planning at a local level for construction shortages was critical and was a concern

·        Some construction waste solutions were being discussed and emphasised that more efficiency within the building sector could mean more commercial gain, along with environmental gain

·        A good connection had been established between Bay of Connections and Toi Kai Rawa who were interested in accessing  data  for a digital project underway.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Bay of Connections update.

Winters/Rose

CARRIED

 

10:52 am - The meeting  adjourned.

11:10 am - The meeting  reconvened.

5.3

Revised Climate Change Action Plan

Tabled Document 1 - Climate Change Action Plan 2021-23 (to replace agenda pages 49-64): Objective ID A3898827 

Presentation: Revised Climate Change Action Plan: Objective ID A3898633   

General Manager Integrated Catchments Chris Ingle and Senior Planner Climate Change Jane Palmer presented this item.

Key Points:

·        The Climate Change Action Plan (the Plan) had been updated to reflect the decisions made following the Long Term Plan process and the funding assigned to the specific climate change projects

·        The goals in the Plan had been consolidated  from twelve to four

·        The 19 actions in the Plan linked to one or more of the revised goals

·        Six monthly progress reports to the Monitoring and Operations Committee would commence 7 September 2021

·        Revision of the plan would be included in the next Long Term Plan (LTP) process, with checkpoints through each Annual Plan.

In Response to Questions:

·        The carbon footprint will be updated during the 2019/2020 year

·        Net emissions include the carbon offsetting from plantings, therefore gross emissions were used to provide a more accurate picture of sources of emissions and where the opportunities lay for emission reductions

·        Forestry emissions are unpredictable given the harvesting regime

·        Risks within the region and likely climate impacts, e.g. severe flooding (as recently seen in the West Coast), would be covered under the adaptation work underway.

Minor Amendments Suggested by Members:

·       Emphasise actively engaging with communities in the wider region

·       Replace ‘unknown’ with ‘uncertain’ on the second page of the Introduction

·       Include reflection of Bay of Connections projects in the actions

·       Spatial planning should be added under Policy and Planning.

 

Items for Staff Follow Up:

·        Members to be kept informed of relevant data for the region e.g. recent report on sea level rise and vertical uplift.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Revised Climate Change Action Plan;

2        Approves the revised Climate Change Action Plan;

3        Delegates to the Chief Executive the ability to make minor editorial changes to the Climate Change Action Plan before publication.

Thompson/Nees

CARRIED

Regulatory Policy

5.4

Essential Freshwater Policy Programme update

Presentation: Essential Freshwater Policy Programme update: Objective ID A3898634

Policy and Planning Manager Julie Bevan, Principal Advisor, Policy and Planning Nicola Green and Senior Planner (Water Policy) Reuben Gardiner presented this item.

Key Points:

·        The positive messaging promoting good management practice was timely as it aligned with the release of the National Proposal for Freshwater Farm Plan discussion document.

Key Points - Members:

·        Suggested that the risk identified in the report  was the delivery to 14 December 2021 and could be reported  the Audit and Risk Committee and the remainder fell under the operational context

·        Requested staff address issues that arose day to day and included them in the narrative of the messaging

·        Supported that the messaging was regarding good farm practices and was to be exercised wisely, judiciously and with empathy.

In Response to Questions:

·        Clarified that the stock exclusion regulations would not apply to any land more than 500 metres above sea level, even if the land slope was less than ten degrees

·        The messaging (Attachment 1) was primarily to assist staff in engaging with affected persons but could be made available to the public.

·        Would include acknowledgement that most people were supporting good farm management practices.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Essential Freshwater Policy Programme update;

2        Endorse the key messages promoting good management practice expressed in Section 3.1 of this report;

3        Confirms the public be excluded on the grounds set out in the Local Government Official Information and Meetings Act 1987 from consideration of the following report attachment:

(a)  Essential Freshwater Policy Programme: Key Risks 04 August 2021 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information and that this attachment be released to the public on the Chief Executive’s approval.

Rose/Thompson

CARRIED

 

 

5.5

Water Shortage Events: Review of the last two seasons and renewing delegation for future events

General Manager Regulatory Services Sarah Omundsen, Regulatory Compliance Specialist Steve Pickles and Data Service Manager Glenn Ellery presented this item.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Water Shortage Events: Review of the last two seasons and renewing delegation for future events.

2        Approves the revised Standard Operating Procedure (July 2021) that has been developed to manage and respond to water shortage events in the Bay of Plenty.

3        Delegates the responsibility for issuing a Water Shortage Direction under Section 329 of the Resource Management Act 1991 to the Chief Executive.

Leeder/Winters

CARRIED

Non-Regulatory Policy

5.6

Recommendations from Komiti Māori

Cr Thurston and Cr White declared an interest and refrained from voting

Key Points - Members:

·        May be seen as divisive by some in our community

·        Partnerships with Māori was one of Council’s key strategic directions and is another step forward in acknowledging that partnership.

 

Moved

That the Strategy and Policy Committee:

1        Receives the report, Recommendations from Komiti Māori;

2        Adopts the recommendations from the Komiti Māori meeting held on 24 June 2021 specific to the report, Chairperson's Report to:

·   Agree to amend Council’s existing policy to fly the National Māori flag at Toi Moana Regional Council every day, in accordance with the New Zealand Ministry of Culture and Heritage national guidelines and protocols.

Rose/Bruning

CARRIED

Cr Love opposed the motion.

 

5.7

Bay of Plenty Sustainable Homes Scheme: Initial Direction

Presentation: Sustainable Homes Scheme: Objective ID A3898636

General Manager Integrated Catchments Chris Ingle and Senior Planner Santiago Bermeo presented this item.

Key Points - Members:

·        It was important to consider how electricity might be generated in New Zealand in the future

·        The narrative  attached to the proposal required careful consideration, regarding the justification for it.

In Response to Questions:

·        It was important to recognise that while there were co-benefits such as air quality, the design of the scheme was based on the primary drivers  The committee would consider the definition of a low income household at a further meeting, prior to adoption of the scheme

·        The reason for proposing to target low income households was they were the most likely in need of efficient heating and insulation.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Bay of Plenty Sustainable Homes Scheme: Initial Direction;

2        Agrees with the intervention logic and proposed objectives for the Scheme;

3        Notes the process we expect to follow to develop the Scheme.

Love/Nees

CARRIED

 

5.8

Update of the Environmental Programmes Grants Policy

Coastal Catchments Manager Pim de Monchy and Senior Planner Santiago Bermeo presented this item.

Key Points - Members:

·       Broadly supportive but required further information and guidance around compensation.

In Response to Questions:

·       An escalated approval process could be put in place when a particular part of the policy was invoked.

12:26pm - Cr Rose withdrew from the meeting.

 

Items for Staff Follow Up:

·       Confirmed budgets related to environmental programmes for water quality and biodiversity to be circulated to Members

·       Requested a high level strategic paper in terms of funding and compensation, including opportunities and demand going forward

·       In the reconsideration of Policy 4, provide options for Members to understand what a regional versus a case by case process might look like.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Update of the Environmental Programmes Grants Policy;

2        Approves the proposed changes to the Environmental Programmes Grants Policy (Attachment 1), with the exception of Policy 4 which will be reconsidered at a future meeting of the Committee.

von Dadelszen/Love

CARRIED

 

5.9

Increasing Council support for volunteers and community groups - options arising from LTP 2021-31 deliberations

Coastal Catchments Manager Pim de Monchy, Land Management Officer Tim Senior and Land Management Officer Anna Dawson presented this item.

Cr von Dadelszen declared an interest and refrained from voting.

Key Points:

·       Staff met with Bay Conservation Alliance, Tauranga City Council, EnviroHub and Western Bay of Plenty District Council quarterly. to ensure care groups were being supported collaboratively.

Key Points - Members:

·       Highlighted that the role the Regional Council played should not be underestimated and commended all staff involved in the care group sector for their work

·       Needed to understand the relationships between the care groups and other volunteer environment groups where there were crossovers in roles.

In Response to Questions:

·       Staff had close relationships with the groups doing this valuable work. While the groups were always wanting to accomplish more the resources were not available

·       Staff ensured there was collaboration between the various groups to ensure cross over of roles were minimised

·       The care groups were asked if they would prefer the support provided through partner non-governmental organisations (NGOs) however feedback indicated  the face to face relationship with council staff was highly valued.

 

Items for Staff Follow Up:

·       Members sought an integrated report to the Monitoring and Operations Committee, providing a regional breakdown of how funds were spent, outcomes achieved  and the scale of volunteer participation.

 

Resolved

That the Strategy and Policy Committee:

1        Receives the report, Increasing Council support for volunteers and community groups - options arising from LTP 2021-31 deliberations;

2        Approves Council supporting environmental volunteers and care groups with the activities and methods identified in this paper that have not been supported in the past;

3        Approves the budget to support environmental volunteers and care groups in the region by $215,000 per year.

Leeder/Clark

CARRIED

 

6.     Public Excluded Section

Resolved

Resolution to exclude the public

1        Excludes the public from the following parts of the proceedings of this meeting as set out below:

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

8.5

Essential Freshwater Policy Programme update - Attachment 2 - Essential Freshwater Policy Programme: Key Risks 04 August 2021 - Public Excluded

Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.

48(1)(a)(i) Section 7 (2)(b)(ii).

On the Chief Executive's approval.

6.1

Public Excluded Strategy and Policy Committee Minutes - 4 May 2021

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

Thompson/Leeder

CARRIED

 

1.10 pm – the meeting closed.

 

 

Confirmed                                                                                                                                          

                                                                                                                               Cr Paula Thompson

Chairperson, Strategy and Policy Committee


 

 

 

Report To:

Strategy and Policy Committee

Meeting Date:

27 October 2021

Report Writer:

Julie Bevan, Policy & Planning Manager

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

To provide an update on Council’s operating environment.

 

 

Operating Environment

 

Executive Summary

This report covers the operating environment areas that influence and inform Council’s policy direction and work. It provides information on the operating environment and upcoming reforms that will potentially have considerable impact on our local government form and functions.

It covers:

·           Ārewa ake te Kaupapa – Raising the Platform, the Future for Local Government Interim Report

·           MAIHI Ka Ora – National Māori Housing Strategy 2021-2051

·           Water Services Act

·           Covid 19 Response (Management Measures) Legislation Bill

·           Waiariki BOP Leadership Group Update

·           Upcoming Legislative and Government Policy Changes and Potential Impacts

·           Strategy and Policy Committee Tentative Work Programme

 

Recommendations

That the Strategy and Policy Committee:

1.       Receives the report, Operating Environment.

 

1.        Introduction

This report provides a briefing on the range of Government reforms and legislative change proposals that might impact on the future scale and scope of our work. Also included in the report is a summary of the Strategy and Policy Committee Tentative Work Programme 2021 which sets out the process stages for proposed changes to Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) changes to ensure that Councillors are aware of the upcoming reporting and decision making programme. [Insert text]

1.1      Alignment with Strategic Framework

 

A Healthy Environment

We develop and implement regional plans and policy to protect our natural environment.

Freshwater for Life

We collaborate with others to maintain and improve our water resource for future generations. We deliver solutions to local problems to improve water quality and manage quantity. We listen to our communities and consider their values and priorities in our regional plans. Good decision making is supported through improving knowledge of our water resources. We recognise and provide for Te Mana o Te Wai (intrinsic value of water). We listen to our communities and consider their values and priorities in our regional plans.

Safe and Resilient Communities

We work with communities and others to consider long term views of natural hazard risks through our regional plans and policies.

A Vibrant Region

We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.

The Way We Work

We use robust information, science and technology. We honour our obligations to Māori.

The delivery of RPS and RNRP Changes are an integral part of the Long Term Plan’s Regional Planning activity which sets Council’s strategic planning and policy direction. The RPS identifies how the integrated management of the region’s natural and physical resources is to be managed by establishing policy direction for regional and district plans. The RNRP is focussed on promoting the sustainable management of land, water and geothermal resources, achieving integrated management and improving environmental quality in the Bay of Plenty Region. [Insert text]

 

 

2.        Operating Environment

2.1      Government Reforms and Change Proposals

2.1.1    Ārewa ake te Kaupapa - The Future for Local Government Review

The Future for Local Government Review was established in April 2021 by the Minister of Local Government. Its overall purpose is to consider how New Zealand’s system of local democracy and governance will need to evolve over the next 30 years in order to improve the wellbeing of New Zealanders, and actively embody the Treaty partnership. The current extent of reforms have presented a once in a generation opportunity to look at what is best for those who local government serves - our communities.

The interim report (Ārewa ake te Kaupapa) presented to the Minister signalling the probable direction of the review and sets out the broad direction and priority questions for the review in order to support engagement about the future of local governance and democracy has been released.

This report sets out the range of matters that will be addressed in its final report and recommendations on the future for local government. The interim report is essentially a scoping report, setting out the Panel’s view of the major issues that it needs to address for its substantive report and recommendations.

The report consists of two main sections.

·           “Context for change” introduces a list of factors that, taken together, in the Panel’s view justifies the case for change to what local government does and how it works.

·           “Where to from here?” options for what local government future might look like. Amongst the more specific options is a section on “early opportunities”. These highlight current developments, such as the health reforms, that might offer opportunities for greater local government involvement.

The report notes that in designing the most effective system of local governance for New Zealand’s future, several key priority questions will need to be considered:

1.       How should the system of local governance be reshaped so it can adapt to future challenges and enable communities to thrive?

2.       What are the future functions, roles and essential features of New Zealand’s system of local government?

3.       How might a system of local governance embody authentic partnership under Te Tiriti o Waitangi, creating conditions for shared prosperity and wellbeing?

4.       What needs to change so local government and its leaders can best reflect and respond to the communities they serve?

5.       What should change in local governance funding and financing to ensure viability and sustainability, fairness and equity, and maximum wellbeing?

Over the next 12 months there will be opportunities for public input about what creates wellbeing for communities, and how local governance might operate to support wellbeing.

The engagement programme will include online and in-person workshops and wānanga, webinars, online surveys and crowd sourcing opportunities, stakeholder conversations, and local government meetings, so that we encourage widespread participation.

·           September 2021 to April 2022 - broad exploratory kōrero about the priorities questions.

·           Early 2022 - release of an online tool to help people share ideas and views.

·           March/April 2022 - connect with local authorities to share thoughts and get feedback on key ideas and opportunities.

·           From April to August 2022 focus on testing and refining key ideas and approaches for the future for local governance and democracy.

·           30 September 2022 - draft report and recommendations to be issued for public consultation.

·           30 April 2023 - Review presents final report to the Minister and Local Government New Zealand.

2.1.2    MAIHI Ka Ora – National Māori Housing Strategy 2021-2051

MAIHI Ka Ora, the National Maori Housing Strategy, was released on 28 September with the Government Policy Statement on Housing and Urban Development (GPS-HUD). The strategy has been co-designed with Maori in the housing sector, and focuses on partnership with central government. Key areas where the strategy links to, or affects Council work programmes are shown below:

MAIHI Ka Ora matter

Implication to BOPRC

Localised partnerships (between Government and Maori) and housing programmes in smaller regional centres

Support for iwi spatial planning and sub-regional spatial planning

Papakainga planning funding (led by Te Puni Kokiri)

Links to western Bay JAG (Joint Agency Group) to support development of papakainga

Addressing barriers to papakainga development

As above (JAG)

OSET provisions – ensuring appropriate requirements for papakainga

Growing sustainable housing – energy efficient, self-sustaining where possible and minimal environmental impact

OSET provisions – ensuring appropriate requirements for papakainga

 

RMA reform

Giving effect to the principles of Te Tiriti o Waitangi

A copy of MAIHI Ka Ora can be found here:

MAIHI Ka Ora - National Māori housing strategy | Te Tūāpapa Kura Kāinga - Ministry of Housing and Urban Development (hud.govt.nz)  

2.1.3    Water Services Act

The government passed the Water Services Act 2021 on 4 October 2021. This Act aimed to transform drinking water safety and improve environmental outcomes for New Zealand's wastewater and stormwater networks.  Drinking water regulations had been managed by the Ministry of Health, but with the passing of this new Act, Taumata Arowai will oversee, administer and enforce all of New Zealand's drinking water regulations. The Act comes into force 4 October 2023.

The impacts on Regional Councils are relatively minor relative to the impacts on Territorial Authorities and drinking water suppliers, as the current role of regional councils is largely maintained, albeit strengthened. This role remains focussed on source quality maintenance and improvement, and monitoring responsibilities, alongside a more general duty to inform others and act on information that has implications for drinking water quality.

Specific responsibilities for regional councils under the Act are concentrated under Subpart 5: Source Water and are largely consistent with existing practices as follows:

·           Clause 41 - source risk management framework is intended to work together with measures under the RMA and the NPSFM so that risk and hazards to drinking water supplies are identified managed and monitored, and information about these risks and measures is published regularly by regional councils.

·           Clause 42 - Regional Councils must contribute to the development of drinking water risk management plans, by identifying risks or hazards that could affect the quantity or quality of the source, including undertaking actions to address any risks (as agreed, or otherwise required by legislation) on behalf of a drinking water supplier.

·           Clause 43: Receive monitoring results annually from Taumata Arowai as provided by drinking water suppliers to Taumata Arowai in accordance with the drinking water safety plan.

·           Clause 44: information about inaccuracies or hazards and risks to drinking water supplies or infrastructure flows between Taumata Arowai, local authorities and drinking water suppliers - this is to facilitate a bidirectional flow of information.

·           Clause 45(1) - Regional Councils to publish and provide to Taumata Arowai with information on source water quality and quantity in their regional annually, including any changes to source water quality and quantity.

·           Clause 45(2) - Regional Councils must assess the effectiveness of regulatory and non-regulatory interventions relating to source water, every three years (this is in addition to the current RMA requirement to monitor and assess the efficiency and effectiveness of all plans and provisions every 5 years (RMA s35) and undertake reviews of any un-amended provisions of any policy statements and plans at least every 10 years (RMA s79)).

After initial consideration of the new Act, staff foresee the most resource intensive component of the proposed changes would be in the proposed 3 yearly Regional Council regulatory and non-regulatory effectiveness review cycle. This is in addition to the existing 5 yearly RMA section 35 efficiency and effectiveness review cycle and the 10 yearly RMA section 79 full review cycle. The impact of this is not so much in the report writing, but in the monitoring, analysis and science resource required to inform this reporting, combined with relatively long lag times between changes to regulation and non-regulatory methods that manage land use and water quality.

2.1.4    COVID 19 Response (Management Measures) Legislation Bill

The Government has responded to the most recent COVID-19 related pressures with the introduction of the COVID-19 Response (Management Measures) Legislation Bill on 28 September 2021. Submissions closed on 5 October 2021. The omnibus bill introduces amendments that will assist New Zealand to respond to the wide-ranging effects of COVID-19, including changes to statutory deadlines. The Bill is being considered by the Finance and Expenditure Select Committee who prepares a report on the bill for the House, including recommending changes to the bill.

This Bill makes two key changes to the RMA obligations on local government, which are designed to recognise and respond to the pressures COVID-19 has caused. The changes are: 

·           An amendment to provide councils with the opportunity to defer commencement of 10-year plan and policy statement reviews until 30 September 2024. This amendment to section 79 of the RMA will apply to councils who should otherwise have commenced their review prior to 30 September 2024.

·           A second amendment provides the Minister for the Environment with a streamlined process to extend the timeframes for regional councils and unitary authorities to implement National Planning Standards in Regional Policy Statements from May 2022 to May 2024, providing an additional two years.  

The Ministry for the Environment have advised:

·           Councils will still need to continue to implement the current system and address pressing issues in their regions and districts, including priorities such as urban development and freshwater.

·           At the same time, councils need to prepare their organisations to deliver the improved outcomes the new resource management system will bring to their communities. It is considered that these two RMA amendments will help put many councils in a better position to be able to do this.

The COVID-19 Response (Management Measures) Legislation Bill will also extend the Fast-track Consenting Act (FTCA) for a year past its original repeal date (8 July 2022). The FTCA’s purpose is to urgently promote employment to support New Zealand’s recovery from the economic and social impacts of COVID-19, and to support the certainty of ongoing investment across New Zealand, while continuing to promote the sustainable management of natural and physical resources. It will now be repealed on 8 July 2023. 

2.2      Waiariki BOP Leadership Group Update

The following is a brief update on the Waiariki BOP Leadership Group from Central Government staff.

2.2.1    Responding to Covid resurgence

Over the past three months the focus of the Waiarki BOP Regional Leadership Group (WBOPRLG) has been on responding to issues raised by the resurgence of Covid-19, and in particular, during the lockdown levels of 4 and 3. During this period the Group met frequently, two days a week, which was much more than its normal six weekly meetings.   The meetings were focused on key issues including:

·           Proposed border/boundary controls for the BOP region – check points and Iwi concerns

·           Food security – the provision and delivery of food to vulnerable groups, where current providers were under pressure or where there was no service

·           The health response – vaccination, mask distribution and supporting testing

These issue were addressed by the WBOPRLG, through various ways including, the sharing of information, advocating for change and drawing on the resources of each other.  Examples include, mask distribution drawing on Police, Iwi and health resources to source and distribute 60,000 masks to communities.  In the food security area, information was shared about current funded food providers, and opportunities for Iwi to receive support to address whanau needs they had identified were not being met by food providers, ultimately leading to additional funding being available to the region and Iwi.  

2.2.2    Identifying longer term priorities

As New Zealand, and the BOP region moved out of the resurgence response, the WBOPRLG also moved its focus away from Covid-19 and looked at how it could address some longer term priorities, some of which were highlighted by the resurgence of covid-19 (rather than created by covid-19).  The six priorities were:

·           Health workforce – strengthening the health workforce in the region to be able to respond to community needs (in times of crisis and when not in crisis)– e.g. increasing the recruitment of Maori and the development of the unregulated workforce

·           Workforce development long term employment – providing employment opportunities for to those people and communities most vulnerable to long-term unemployment – e.g. Maori and rural communities

·           Mental /Health and addictions – addressing the high unmet needs in the community for mental health and addiction services that are effective – reducing the impact of meth and other addictions on family harm, community safety and wellbeing

·           Data and insights – a need to develop a way to collect, share and use data to inform better decisions – e.g. shared evaluation and research processes across Iwi, TLAs, Health and Government

·           Addressing long term welfare dependency – how to break the cycle of dependency, innovative ways of building resilient communities

·           One funding funnel – a way for the group to have better oversight and influence on funding and resourcing decisions that impact on the BOP region – discretionary regional fund, connecting funding opportunities across government and advocating for change in funding

Many of these priorities are still being developed in terms of workplans and will form the basis of the WBOPRLG’s ongoing work. 

2.2.3    Evolvement of the Group

The underlying principles of the WBOPRLG of Whenua, Energy, Justice and Livelihoods remain the same, and the six priorities above, reflect these principles.  However, the focus that responding to Covid 19 brought to the WBOPRLG has also been a catalyst for change in two areas, membership and defining the physical boundary that the WBOPRLG views is its responsibility. Changes to membership of the group include a stronger Iwi voice, including new representation on the group (Louis Rapihana, Te Whanua A Apanui), and other Iwi expanding their current representation (e.g. Te Arawa and Tuwharetoa).  The WBOPRLG has recently discussed the expansion of membership to include greater Territorial Local Authority (TLA) representation.  This is being facilitated by Iwi (supported by Regional Council) who will be engaging with TLAs to understand their representation needs.  There have also been changes in the physical boundaries that the Group covers.  It has changed from one based on Regional Council and Government Agency areas of responsibilities, to one based on a Iwi defined rohe, around the concept of Iwi/waka affiliations and relationships.  While this concept is still being finalised, the shift towards Iwi, not Government, defining the area of the group’s responsibility, is a new direction by the group. 

2.3      Local Government Futures - A Discussion Paper

Regional Sector CEOs, Chairs and Mayors have commissioned a discussion paper by Hon. Dame Fran Wilde and Peter Winder, to help stimulate further conversation and thought around the future for local / regional government in Aotearoa in light of the widespread central government reform programme.  It was intended to provide a cross-functional and joined up view of local / regional government.  The document is included as Attachment One.

The discussion paper represents the views of the authors. It does not represent an agreed view by the regional sector. More work needs to be done in order to land on an agreed view.  The Regional Sector has recommended the following additional factors are also considered by the Future for Local Government Review Panel:

·           Making sure effect is given to the Treaty through local government reforms

·           Environmental system management at a regional level

·           Strong local democracy through community participation at a localised level

·           Considering enhanced future functions for local government.

The Regional Sector recommendation is to commission an additional discussion document for Te Ao Māori – on the role of iwi/Māori and the Treaty in the future of local government.   To further recognise and ensure local government gives effect to the Treaty which must be at the heart of local government reforms.  A further Regional Sector recommendation related to consideration of other local government sector perspectives (for example Territorial Authorities and Community Boards). 

Community wellbeing is at the heart of our work. Local government reform needs to be driven by what is best for those who local government serves.  It is recognised that the Future for Local Government Review Panel will be seeking input from the community as a fundamental step in the review process.

The Regional Sector support the design principles outlined in the discussion document and recommend that the Future for Local Government Review Panel applies these in their thinking.

2.4      Upcoming Legislative and Government Policy Changes and Potential Impacts

Monitoring is continuing of Central Government’s extensive policy programme. An analysis of the potential implications is provided in Attachment Two. For each policy initiative staff are using criteria to coordinate what and how much attention is given to it.

2.5      Strategy and Policy Committee Tentative Work Programme

The tentative regulatory work programme for the Strategy and Policy Committee Meetings and Workshops for 2021 - 2024 are set out in Attachment Three.

The work programme will be updated once further national direction is received and the delivery timeframes are confirmed.

3.        Considerations

3.1      Risks and Mitigations

This is an information only report and matters of risk in relation to the tentative programme package of RPS and RNRP changes and possible updated National Policy Statements and National Environmental Standards will be outlined in the separate reports when reported to the Committee for decision making purposes.

3.2      Climate Change

The matters addressed in this report are of a procedural nature. Climate Change is a key matter that will be considered in the implementation policy development and analysis process of the proposed RPS Changes and RNRP Plan Changes and will be reported to the Committee during the process.

3.3      Implications for Māori

The RMA processes, RPS Changes and Plan Changes indicated in this report all involve consideration of implications for Māori, engagement and consideration of iwi planning documents.

3.4      Community Engagement

The RMA processes, RPS Changes and Plan Changes discussed in this report all involve consideration of community engagement undertaken through those processes.

3.5      Financial Implications

The matters addressed in this report are of a procedural nature and information only. There are no material unbudgeted financial implications and this fits within the allocated budget.

4.        Next Steps

Given the unprecedented nature and timing of reform it is essential that Regional Council continues to focus on delivery. Delivery of the Long Term Plan will be important, particularly key projects such as Essential Freshwater.

As further details on areas under reform become available, updates on operating environment areas that influence and inform Council’s policy direction and work will be provided at future Strategy and Policy Committee Meetings. Once there is a clearer picture of proposed changes additional analysis on bigger picture implications can be assessed further.

The Strategy and Policy Committee Tentative Workstream Programme will be updated and reported to the Strategy and Policy Committee at relevant Committee Meeting and Workshops throughout 2022.

 

Attachments

Attachment 1 - Local Government Futures - A Discussion Paper

Attachment 2 - Summary of key upcoming legislative changes and potential impacts July 2021

Attachment 3 - Strategy and Policy Committee Tentative Work Programme 2021  

 


Strategy and Policy Committee                                                                       27 October 2021

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Strategy and Policy Committee                                                                                        27 October 2021

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Strategy and Policy Committee                                                                                        27 October 2021

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Report To:

Strategy and Policy Committee

Meeting Date:

27 October 2021

Report Writer:

Zhivan Alach, Organisational Performance Manager and Stephanie Macdonald, Community Engagement Team Leader

Report Authoriser:

Kataraina O'Brien, Director, Strategic Engagement

Purpose:

To provide Strategy and Policy Committee with information about the Community Impact Network and its Action Plan.

 

 

Community Impact Network Action Plan

 

Executive Summary

Regional Council has established a Community Impact Network to deliver against the strategic priority of community participation and engagement. That network has developed an Action Plan. The Action Plan sets out goals and actions across four workstreams:

·           Community Engagement;

·           Volunteers;

·           Funding for Community Groups;

·           Democracy.

Staff have received significant feedback from elected members following their briefing of 11 October 2021, which will be incorporated into future versions of the plan.

 

Recommendations

That the Strategy and Policy Committee:

1        Receives the report, Community Impact Network Action Plan.

 

1.        Introduction

Three of Council’s eight strategic priorities, namely (1) climate change, (2) partnerships with Māori, and (3) community participation and engagement, have been designated “impact” areas, areas in which transformational change is both possible and desired.

The Community Participation Impact Network was established to achieve Regional Council’s goals in this impact area. It is a cross-functional team that covers community engagement, volunteers, funding of community groups, and democracy.

The network also collaborates with other teams across the organisation to make sure all opportunities to shift the dial on community participation are being supported and monitored.

The Action Plan is a live document that is updated at least every quarter. This paper and version of the Action Plan was prepared prior to the councillor briefing of 11 October 2021.

1.1      Legislative Framework

The primary legislation involved in the work of the Community Participation Impact Network is the Local Government Act 2002 (LGA2002).

1.2      Alignment with Strategic Framework

 

A Healthy Environment

We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.

Freshwater for Life

We listen to our communities and consider their values and priorities in our regional plans.

Safe and Resilient Communities

We work with our partners to develop plans and policies, and we lead and enable our communities to respond and recover from an emergency.

A Vibrant Region

The Way We Work

We look to partnerships for best outcomes.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

 

¨ Economic

 

 

Primarily, enhanced community participation and engagement is designed to increase social wellbeing, by enabling participation and thus influence in the work of local government.

 

2.        Background

2.1      Priorities and Impact Areas

Council revised its Strategic Framework as part of the Long Term Plan 2021-31 process. The revised Strategic Framework includes eight Strategic Priorities.

Three of these Strategic Priorities – (1) climate change, (2) partnerships with Māori, and (3) community participation and engagement – have been identified as areas where Regional Council could deliver transformational change, and where such change is desired. As such, they have been designated as “impact areas.’

2.2      Community Impact Network

Staff recognised that delivery in the impact area of community participation would require a diverse skillset. To that end, a cross-functional network has been established. This network comprises four main workstreams:

1.       Community engagement;

2.       Volunteers;

3.       Funding for community groups;

4.       Democracy.

Functional teams across council will support the delivery of the goals and objectives of the network as required. The network has also built on the programme management structures established during the Long Term Plan. It provides monthly reports to a sponsor, and quarterly briefings to the Leadership Team, on progress against Action Plan goals.

2.3      Community Impact Action Plan

The Action Plan sets out four primary goals:

1.       Increasing the demographic representativeness of the people council engages with;

2.       Increasing the number of environmental volunteers;

3.       Improving the return on investment (value) from community projects funded by council; and

4.       Increasing the number of people who participate in council elections.

2.3.1    Community Engagement

We want our community to trust and have confidence in council decision-making processes. We are exploring and delivering new and innovative approaches to engagement, such as participatory budgeting. In a changing world, new approaches are the best way to achieve demographic representativeness and ensure we are hearing from all of our communities.

To deliver on these new approaches will require both staff and Councillors to support opportunities for the community to have a greater influence on decision making processes. This will require a greater acceptance of risk, as the more authority is devolved, the less sure the outcome.

2.3.2    Volunteers

The Bay of Plenty has a large and active volunteering community. Regional Council supports them through a range of programmes. We are aiming to significantly increase the number of the volunteers in the Bay of Plenty, which requires us first to understand who our volunteers are, and then work out how to get more of them.

2.3.3    Democracy

The backbone of a healthy democracy is participation. We know that across the country, the trend is for less participation in local government, and we are hoping to reverse that trend. Through awareness and education, we want more people to stand for council, and more people to vote for their preferred candidates.

2.3.4    Community Funding

We fund a number of community groups for different reasons. We are working on the implementation of our new Regional Safety and Rescue Services Fund, and are starting the development of a new Community Funding Policy that will look at the timing of funding, categories of funding, and overall intent.

2.3.5    Progress so Far

As this Action Plan was under development, a significant amount of work was already going into the four areas. Highlights in the first quarter of financial year 2021/22 have included:

·        Seven new EEF applications received, on top of seven applications in progress at the end of last year. In total, $233k has already been requested from this year’s funding envelope, with $173k committed (approval in principle), and $128k approved (signed contract). This is a positive sign compared to the slower uptake in the previous year.

·        We used the Participate engagement platform to find out community views on potential bus network changes in Pāpāmoa, Mount Maunganui, and Te Puke. 123 members of the community responded.

·        Two of the three new volunteer funding contracts have been signed, with the third under review by the applicant.

3.        Considerations

3.1      Risks and Mitigations

The primary risks to achieving the plan include:

·        Elected member appetite for transformational approaches to engagement and participation;

·        Managing expectations of both community and elected members on the extent that community can influence decision making. Transparent processes, clear and consistent language around engagement and applying appropriate engagement tactics to relevant decision making processes can mitigate this risk.

·        Staff capacity, given the large number of legislatively-required consultations before consideration of additional work. Key mitigations will include forward planning and recommendations on the Annual Plan to elected members.

3.2      Climate Change

The aim of this section is to ensure your thinking and assumptions around climate change are explicit and to provide visibility as to how our work relates to climate change. Consider:

1.   Is the initiative sensitive to climate (e.g. changes in rainfall, temperature, wind, sea-level)? If so, what are the likely impacts and how have they been accounted for?

2.   In what way does the initiative relate to climate change (use the building block below to illustrate)?

3.   Which of the guiding principles does the initiative encompass in relation to climate change (see the detailed guidance for information on these principles)? Provide more detail where appropriate.

Use the building block below when considering Climate Change implications.

Crtl + click for guideline material.

Community participation is vital to mitigating the effects of climate change, and as such enhanced participation and engagement is a key contributor to achieving Regional Council’s goals in this area. Where appropriate, innovative approaches to climate change adaptation may also be applied.

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

 

3.3      Implications for Māori

All workstreams aim to increase opportunities for Māori to engage in the work of council, whether as members of iwi/hapū or simply as individuals attending or responding to consultation topics.

3.4      Community Engagement

Community engagement is the primary focus of this Action Plan.

3.5      Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

 

4.        Next Steps

Staff will review the feedback from elected members received at/following the 11 October briefing, and update the plan as required.

Staff will continue to deliver the actions contained in this Action Plan, and report on progress against goals where applicable.

 

Attachments

Attachment 1 - Community Participation Impact Action Plan  

 


Strategy and Policy Committee                                                                                        27 October 2021

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Report To:

Strategy and Policy Committee

Meeting Date:

27 October 2021

Report Writer:

Nicola Green, Principal Advisor, Policy & Planning and James Low, Team Leader Policy (Freshwater)

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

To provide an Essential Freshwater Policy Programme progress update and seek a decision about intended plan notification timeframe.

 

 

Essential Freshwater Policy Programme - Update and Notification Deadline

 

Executive Summary

This report provides updates (since the last Strategy and Policy Committee Report in August 2021) on:

·          National legislation, policy and regulatory changes that affect implementation of the Essential Freshwater Policy Programme (EFPP); and

·          EFPP progress; and

·          Implementing the approved communications and engagement approach for 2022 and 2023[1].

Decision is sought on whether to extend Council’s intended timeframe for notifying proposed changes to the Regional Policy Statement and Regional Natural Resources Plan, from July 2024 to December 2024. The reasons for this include extra work and delays due to the many national changes, COVID related constraints, and time required for partnership building with iwi and hapu. A decision now would enable Council to provide early advice of timeframes for hearings to the Chief Freshwater Commissioner.  Reasons against changing the timeframe include the need to keep urgency, pace and priority on this project, and to leave a gap been our intended notification date and the legally required date in case of some later slippage.

 

Recommendations

That the Strategy and Policy Committee:

1        Receives the report, Essential Freshwater Policy Programme - Update and Notification Deadline.

2        Decides whether to extend Council’s intended timeframe for notifying proposed changes to the Regional Policy Statement and Regional Natural Resources Plan from July 2024 to December 2024.

 

1.        Introduction

The Essential Freshwater Policy Programme (EFPP) is Council’s work programme to implement the requirements of the National Policy Statement for Freshwater Management 2020 (NPSFM), primarily via changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP).

This report provides updates (since the last Strategy and Policy Committee Report in August 2021) on:

·           National legislation, policy and regulatory changes that affect implementation of the Essential Freshwater Policy Programme; and

·           Essential Freshwater Policy Programme progress; and

·           The communications and engagement approach for 2022.

Decision is sought on whether to extend Council’s intended timeframe for notifying proposed changes to the Regional Policy Statement and Regional Natural Resources Plan from July 2024 to December 2024.

1.1      Legislative Framework

This EFPP specifically implements the NPSFM, and also the requirement under the Resource Management Act 1991 (RMA) to review provisions in regional plans every 10 years Although the changes proposed in the COVID-19 Response (Management Measures) Legislation Bill may provide councils with the opportunity to defer commencement of 10-year plan and policy statement reviews until 30 September 2024, Councils will still need to continue to implement the NPSFM. The RMA has specific Freshwater Planning Process provisions, and section 80A(4) requires Council to notify RPS and RNRP changes that fully implement the NPSFM by 31 December 2024.  The hearing panel and hearing will be convened and scheduled by the Chief Freshwater Commissioner.

1.2      Alignment with Strategic Framework

 

A Healthy Environment

We develop and implement regional plans and policy to protect our natural environment.

 

We manage our natural resources effectively through regulation, education and action.

Freshwater for Life

Good decision making is supported through improving knowledge of our water resources.

 

We listen to our communities and consider their values and priorities in our regional plans.

 

We collaborate with others to maintain and improve our water resource for future generations.

 

We recognise and provide for Te Mana o Te Wai (intrinsic value of water).

The Way We Work

We honour our obligations to Māori.

 

We deliver value to our ratepayers and our customers.

 

We continually seek opportunities to innovate and improve.

 

We use robust information, science and technology.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

 

As reported previously, the EFPP is primarily focussed on maintaining and improving environmental outcomes for freshwater bodies. It also involves building partnership relationships with tangata whenua, and will have social and economic implications when finally delivered via notified changes to the Regional Policy Statement and Regional Natural Resources Plan.

 

2.        National update

2.1      Submissions

Submissions have now been lodged in response to the Ministry for the Environment’s questions about proposed changes to stock exclusion regulations, intensive winter grazing regulations, and on their discussion document about proposed freshwater farm plan regulations. Council’s submission on proposed amendments to wetland regulations will be lodged by the deadline of 27 October 2021.  It is understood that the government intends to gazette all these regulations later this year or early 2022.

2.2      Water Services Act 2021

The Water Services Act 2021 gained assent on 4 October 2021 and comes into force on the earlier of either 4 October 2023, or at a date appointed by the Governor General. The table below summarises requirements affecting regional councils and the EFPP.  Drinking water source protection will have to be included in RNRP objectives, policies and rules. Work on policy options is initiating now. 

Topic

Regional Council

Source Water

Drinking water supplier prepares source water risk management plan

Sets values, objectives, policies and rules for water bodies under the NPSFM

Must supply relevant water quality monitoring information and information about know risks/hazards

Undertakes any actions to address risks/hazards that are agreed with district councils and water supplier

Suppliers monitor source water quality

Results are sent to Taumata Arowai who must provide to regional council annually

Regional councils publish information about source water

Publish information on source water quality and quantity in the region annually

Regional councils must assess the effectiveness of regulatory and non-regulatory interventions to manage risks or hazards to source water in their region at least once every 3 years and make this information available to the public on internet sites maintained by or on behalf of the councils.

3.        Programme update

The table below provides an update on progress made since the last Strategy and Policy Committee Report.

Key workstreams

Progress Highlights

RNRP design and integration

Initiating integration work between region wide chapters that have been reviewed, e.g., checking consistency and removing duplication.

Kaupapa Māori

An informal update discussion about engagement with iwi and hapū was recently held with Councillors

Two meetings of Ngā Kaitohutohu have been held and members are starting to provide advice which will be considered as we advance policy options and plan development.

RPS and RNRP chapter reviews

Initial internal review of RPS water quality and quantity will be delivered by end of October.

Five RNRP chapters have been reviewed and first draft options delivered by external consultants. Councillors have been briefed. Staff are clarifying and summarising policy options for engagement with tangata whenua.  Review of the Kaitiakitanga chapter will be briefed with Ngā Kaitohutohu.

National Objectives Framework: vision, values and outcomes

Desktop work on vision and outcomes for Rangitaiki, Kaituna, Waihi Estuary and Rotorua Te Arawa Lakes is advanced enough to now discuss with iwi and hapū as soon as possible. Desktop work on vision and outcomes for other FMUs is initiating.

Water Quality

Science reporting on baselines and current state is nearly complete.

Technical work on options for load limits to support a range of potential lake and estuary outcomes is in progress.

Expert Panel will deliver current state estimates for unmonitored water bodies this year. This is needed before estimating relative sources and causes of contaminants in each FMU.

Surface water quantity

Minimum flows for ecology report complete.

Surface water accounting tool well progressed.

Drafting allocation issues, options and implications to discuss with iwi and hapū.

Groundwater

Model development continues.

Communications and Engagement

Participate BOP Freshwater values survey is still live.

Working towards online engagement on vision, values and outcomes next year.

Water quality data will be made available online shortly.

Territorial Local Authorities Freshwater Collaboration Forum (TLA Forum) and Rural and Environmental Sector Organisation Forum will meet on 8 and 9 November.  Discussion will focus on surface water quantity, water quality state and trends.

3.1      Timeframes

In August 2020, Council approved the EFPP and decided the resulting RPS and RNRP changes should be notified in July 2024, ahead of the legislated deadline of December 2024.  All effort is being made to achieve this and some excellent progress has been made, as summarised in regular updates to this Committee.

However, we are definitely seeing some slippage, which will compound workloads in the coming year.  These include, for example, the following:

·           We anticipated that we would be able to engage with iwi and hapū on vision and outcomes before the end of 2021. However, the desktop work to support this is a few months behind and engagement on how iwi and hapū want to be involved has taken longer than planned, so this engagement will occur primarily early next year. This will be followed by online public engagement after March, which was originally planned for late this year.

·           Some of our technical work has proved to be more challenging to land than anticipated.

·           Procurement issues hampered the initiation of the Expert Panel and of Ngā Kaitohutohu. All advisory groups have had to meet remotely and this has particularly delayed delivery of expert panel outputs which, as the methods rely heavily on intense collaboration between scientists with different expertise. Some have children and other commitments which mean full time work is not possible in a COVID lock down.

·           Central government has released several freshwater related proposals for change that have required response and will then require changes to our work programme or policy options documents when they are gazetted. 

·           The development of a next generation Overseer and other nutrient management tools is also creating substantially more uncertainty about potential solution options for nitrogen management, and may also result in rework, when government releases an alternative (if any).

·           2022 is a year in which we must develop and assess potential solutions to meet objectives and targets for freshwater, and prepare for detailed and sometimes challenging discussions with our communities in 2023.

All of these factors are compounding and lead staff to the conclusion that meeting the July 2024 deadline with a robust set of plan changes and supporting documents not be possible. 

Strategy and Policy Committee have two key options. One is to continue aiming for July 2024, and revisit that if needed at a later date. The other is to change the delivery date to December 2024 now. The risks and benefits of each option are identified in the next section.

4.        Considerations

4.1      Risks and Mitigations

 

Assessment of options for timeframe decisions

Option 1: No change. The timeframe for notification is July 2024.

Benefit

Risk

Maintains urgency, pace and priority for delivery of the EFPP

Either we notify a poorer quality plan change and supporting documents than we would like, or we fail to meet the July 2024 timeframe (but still have until December 2024 to comply).

Decision to change the date can be made later if/when it becomes very definitely necessary

Very short notice of change provided to Chief Freshwater Commissioner affects scheduling of hearings.

 

High pressure on staff and tangata whenua can cause burn out.

 

Tangata whenua relationships may be impacted if we notify a plan change earlier than the deadline, when 6 extra months would enable resolution of some outstanding matters with them.

Option 2:  Shift the timeframe for notification to December 2024

May be perceived as Council non-performance.

If we have any further slippage from this timeframe, we will breach legislated requirements.

Chief Freshwater Commissioner can be advised of this change early.

 

 

4.2      Climate Change

The aim of this section is to ensure your thinking and assumptions around climate change are explicit and to provide visibility as to how our work relates to climate change. Consider:

·   Is the initiative sensitive to climate (e.g. changes in rainfall, temperature, wind, sea-level)? If so, what are the likely impacts and how have they been accounted for?

·   In what way does the initiative relate to climate change (use the building block below to illustrate)?

·   Which of the guiding principles does the initiative encompass in relation to climate change (see the detailed guidance for information on these principles)? Provide more detail where appropriate.

Use the building block below when considering Climate Change implications.

Crtl + click for guideline material.

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. However, impacts of climate change will be considered in delivery of the EFPP.

4.3      Implications for Māori

Council has responsibilities to Māori under the LGA and the RMA. We are required to meet those responsibilities and identify any potential implications for Māori.  Please consider including this section for reports going to all committees.  The following questions will aid your analysis:

·    Are there any positive or negative effects on Māori (social, cultural or economic)?

·    What consultation/engagement has been undertaken with Māori and what form did it take? How did Māori contribute to this decision?

·    Does the issue require consideration of: iwi planning documents, Treaty settlement legislation or any other document expressing matters of importance to Māori?

Crtl + click for Guideline material.

As reported previously, the NPSFM sets out clear requirements to involve tangata whenua in the management of freshwater, and engagement with tangata whenua is progressing in accordance with Te Hononga, Council’s Māori engagement plan for implementing the NPSFM. This has been reported at previous meetings and workshops.

4.4      Community Engagement

What level of engagement is council commited to? What actions will be taken

Consider identifying in the report:

• Council’s knowledge of community views on the subject.

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

Adobe Systems

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

 

Community engagement is being delivered in alignment with the overarching communications and engagement approach agreed in 2020.

The approach is as follows and we are currently delivering points 1-4:

1.       Progress ongoing tangata whenua relationships and engagement under the guidance of Te Hononga.

2.       In 2021/2022, provide early and ongoing communication and updates via e-newsletters, social media and a specific web-page.

3.       Provide ongoing opportunities for online input and feedback, to be considered as policy options are developed.  Councillors will have opportunities to contribute to online engagement (e.g. webinars).

4.       Seek “without prejudice” (and at times confidential) early advice and review from our advisory panels – the TLA Forum, Rural and Environmental Sector Organisation Forum, and Ngā Kaitohutohu who have deep understanding of their sectors and of the RMA and NPSFM process.  RESOF and the TLA Forum will be encouraged to communicate and discuss specific topics with their members, and provide initial feedback.

5.       Run intensive community engagement across the region throughout 2023 on the draft policy package. By this point, we will be in a position to prepare an integrated communications package of issues, options and the implications of these options for feedback. Councillors will be able to attend engagement events to hear feedback. Engagement feedback summaries will also be provided to Councillors.

6.       Publicly notify plan changes by July 2024, then follow the formal submission and freshwater hearing process in 2024 and 2025.

Councillors have indicated they wish to consider whether the approach needs adjusting and have clearly stated:

·           the importance of at least sharing information and regularly communicating via the likes of Freshwater Flash Public Newsletter.

·           the need to engage with specific groups of people on matters that affect them most before settling on policy options (and example is to engage with NZ Fire Service about rules relating to discharge of firefighting foam), potentially with focus groups.

Both of these matters can and will be acted on within the current approach, and updates can be provided to Councillors.   Any further change to the engagement approach will compromise the ability to deliver the work package as a whole, and the work needed to inform good quality engagement. The whole year of 2023 will have a big focus on engagement.  An engagement plan for 2023 will be prepared in the second half of 2022.

Staff recommend we continue to implement the previously agreed direction confirmed through the Council meeting on 17 December 2020 as part of the Long Term Plan, including the accommodation of sharing information regularly communicating with the community through Freshwater Flash newsletter and engaging with targeted groups on policy options.

4.5      Financial Implications

If the recommendation is adopted by Council, will it result in:

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

There are no material unbudgeted financial implications and this fits within the allocated budget.

5.        Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

Adjustments to the EFPP will be made if necessary to respond to Committee decision on this report.

Staff will continue to progress public communications and online engagement in 2022.

When the NPSFM and National Environmental Standards for Freshwater changes are gazetted, the EFPP plan will be amended as required to give effect to the changes.  These changes will be reported to the Committee.

 


 

 

 

Report To:

Strategy and Policy Committee

Meeting Date:

27 October 2021

Report Writer:

Ruth Feist, Senior Urban Planner

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

To set out the process and estimated timing for a non-Schedule 1 RMA update to the RPS to include Housing Bottom Lines.

 

 

Update to Regional Policy Statement - Housing Bottom Lines

 

Executive Summary

The National Policy Statement – Urban Development 2020 requires Council to update the Regional Policy Statement (RPS) to include Housing Bottom Lines from the respective Housing and Business Development Capacity Assessments (HBAs) from Tier 1 and 2 urban environments:

·           The update is an administrative process that does not require a Schedule 1 RMA process. The update amends Policy UG 25B.

·           The update will occur after the HBAs from SmartGrowth (Tauranga City and Western Bay of Plenty District) and Rotorua are publicly available.

·           The estimated timing for the update is early November 2021.

 

Recommendations

That the Strategy and Policy Committee:

1        Receives the report, Update to Regional Policy Statement - Housing Bottom Lines.

2        Approves the content, steps and estimated timing outlined in this report for the non-Schedule 1 RMA process to update the Regional Policy Statement to include Housing Bottom Lines for Tauranga, Western Bay and Rotorua as required by the National Policy Statement – Urban Development 2020.

3        Delegates authority to the General Manager Strategy and Science to finalise minor changes to Policy UG 25B as part of the update. 

 

1.        Introduction

The National Policy Statement – Urban Development 2020 (NPS-UD 2020) requires Council to update the Regional Policy Statement to include Housing Bottom Lines (HBLs) from the respective Housing and Business Development Capacity Assessments (HBAs) from Tier 1 and 2 urban environments. The RPS was last updated in December 2018 in this way in accordance with the previous National Policy Statement – Urban Development Capacity 2016. HBAs are reviewed and updated every three years, and the resulting Housing Bottom Lines must be included in the RPS.

The update process is different from other changes to the RPS that use Schedule 1 RMA processes.  Council does not need to formally ‘adopt’ or ‘approve’ the HBL update to the RPS. The update is being reported to the Committee for completeness.

A copy of the drafting wording update is attached – excluding the HBLs for Rotorua. Similar wording will be included in the respective district/city plans. The wording has been updated to better reflect the NPS-UD 2020, and has been agreed with staff from Tauranga City Council, Western Bay of Plenty District Council and Rotorua Lakes Council. 

Updating the RPS to include HBLs is a process that is not impacted by Covid-19 alert level changes.

1.1      Legislative Framework

The relevant legislative requirements of the National Policy Statement – Urban Development 2020 (NPS-UD) are set out in Section 2 of this report.

The impact of RM Reform on this process and the relationship between of the HBAs and Regional Spatial Strategies is not yet known.

1.2      Alignment with Strategic Framework

 

A Vibrant Region

We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.

Work to implement the NPS-UD contributes to growth management strategies and sustainable urban management.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

 

The inclusion of Housing Bottom Lines in the Regional Policy Statement and district/city plans is designed to trigger a process to ensure sufficient development capacity for housing and business land is provided. This update to the RPS itself does not contribute to providing development capacity – that requires changes to district/city plans and Future Development Strategies. Providing for development capacity for housing and business is largely affects social and economic well-being, with some benefit for cultural well-being (housing for Māori whānau).

 

2.        Process to update to RPS – Housing Bottom Lines

The legislative requirements, process for the RPS update and indicative timing are shown below. A verbal update will be provided at the Committee meeting.

Process

Relevant requirement of the NPS-UD

Timing (estimated)

Housing and Business Development Capacity Assessments (HBAs) are completed by Tier 1 and Tier 2 local authorities, and made publicly available.

HBAs are in accordance with Subpart 5 (3.19 - 3.30)

The HBA for western Bay sub-region is expected to be publicly available in October.  

The HBA for Rotorua is expected to be publicly available at the end of October.

Finalise changes to Policy UG 25B, including wording changes for consistency with the NPS-UD 2020 and include Housing Bottom Lines for Tauranga City, Western Bay of Plenty District, and Rotorua.

Housing Bottom Lines from the HBAs must be included in the respective district/city plans and the Regional Policy Statement. This must be done ‘as soon as practicable after an HBA is made publicly available’ (NPS-UD 3.16(2)).

Late October 2021.

Update on-line and printed versions of the RPS once the HBA for Rotorua has been made publicly available.

Place public notices in relevant publications to notify an amendment to the RPS has been made.

The insertion of HBLs into the Regional Policy Statement must be done without using the Schedule 1 RMA process (NPS-UD 3.16(4)). This means that the RPS will be updated, but there will be no submissions or hearings. It is an administrative change. However, Council does need to publicly notify the RPS has been updated (and update printed and on-line versions)

Early November 2021.

3.        Considerations

3.1      Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

3.2      Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

3.3      Implications for Māori

There are no specific positive or negative effects on Māori from updating the RPS to insert Housing Bottom Lines (HBLs) for Tier 1 and Tier 2 local authorities.

3.4      Community Engagement

 

Engagement with the community is not required as the recommended proposal / decision is a requirement of the NPS-UD and is to be completed using a non-Schedule 1 RMA process.

 

3.5      Financial Implications

If the recommendation is adopted by Council, will it result in:

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

There are no material unbudgeted financial implications and this fits within the allocated budget.

The amendment to the RPS is an administrative process, with an estimated cost of $3,000 for public notices.

4.        Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

The next steps are set out in section 2 of this report.  

Attachments

Attachment 1 - Draft update to Policy UG 25B - October 2021   


Strategy and Policy Committee                                                                       27 October 2021

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Report To:

Strategy and Policy Committee

Meeting Date:

27 October 2021

Report Writer:

Rebekah Waltham, Planner

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

Seek approval of the RMA SPP Application for PC6 (NPS UD) to the RPS, and subsequent submission of the application to the Minister for the Environment.

 

 

Streamlined Planning Process for Proposed Change 6 (NPS UD) to the Regional Policy Statement

 

Executive Summary

Proposed Change 6 (PC6) to the Bay of Plenty Regional Policy Statement seeks to implement the responsive planning requirements in the National Policy Statement on Urban Development 2020 (NPS UD).

On 16 February 2021, this Committee approved, in principle, use of the Streamlined Planning Process (SPP) for PC6. Staff were to commence development of draft provisions in consultation and engagement with key stakeholders. This work has commenced and is ongoing. Early consultation, to develop draft PC6, has been held with city and district councils, Kainga Ora and Ministry for Housing and Urban Development (MHUD).

On 21 September 2021, a workshop to discuss draft PC6 was held with the Committee. A further ‘Deeper Dive’ session was held on 27 September 2021.

This report seeks Committee approval of the SPP Application for PC6 and subsequent submission of the application to the Ministry for the Environment.

The key benefits of the SPP are that it is optional to have further submissions and there is no right of appeal to the Environment Court. The Minister for the Environment is the decision maker. The process is otherwise similar to the normal Schedule 1 policy and plan development requirements.

As directed by this Committee at the 27 September 2021 ‘Deeper Dive’ session, staff are commencing broader stakeholder, community, iwi and  consultation.

Approval to notify PC6 will be sought from this Committee mid-2022.

 

Recommendations

That the Strategy and Policy Committee:

1        Receives the report, Streamlined Planning Process for Proposed Change 6 (NPS UD) to the Regional Policy Statement;

2        Approves the Resource Management Act 1991 Streamlined Planning Process Application for Proposed Change 6 (NPS UD) to the Bay of Plenty Regional Policy Statement and subsequent submission of the application to the Minister for the Environment;

3        Delegates authority to the General Manager Strategy and Science to finalise minor changes to Application for Proposed Change 6 (NPS UD) to the Bay of Plenty Regional Policy Statement. 

4        Notes: that use of the Streamlined Planning Process must be agreed to by the Minister for the Environment.

5        Notes: staff will provide opportunities to engage with key stakeholders, iwi and hapū, consultants and the development community to develop Proposed Change 6 (NPS UD).

6        Notes: approval to notify Proposed Change 6 (NPS UD) will be sought from this Committee mid-2022.

 

1.        Introduction

This report seeks approval to submit the attached streamlined planning process (SPP) application for Proposed Change 6 (NPS UD) (PC6) to the Bay of Plenty Regional Policy Statement (RPS) to the Ministry for the Environment (MfE) (Attachment 1).

The National Policy Statement on Urban Development 2020 (NPS UD) took effect on the 20 August 2020. The NPS UD requirements were reported to, and received by, the Strategy and Policy Committee on 3 November 2020, in the ‘Operating Environment Report’. Regional Councils are required to implement its direction which requires RPS changes.

The responsive planning requirements in the NPS UD seek to ensure local authorities respond to development proposals that would add significantly to development capacity and contribute to well-functioning urban environments, regardless of whether they are planned for or anticipated in existing documents. It applies to development proposals in both greenfield and brownfield locations.

1.1      Legislative Framework

Section 55 of the Resource Management Act 1991 (RMA) requires local authorities to amend their plans or policy statements if a national policy statement directs so. Amendments must be made as soon as practicable or within the time specified in the National Policy Statement. Amendments that relate to requirements to include specific objectives and policies; or give effect to objectives or policies; or are necessary to make the document consistent with any constraint or limit set out in the NPSUD statement; must be amended without using a full RMA Schedule 1 process where Council would ‘adopt’ or ‘approve’ the update. The RPS update for the Housing Bottom Lines is an administrative process that amends Policy UG 25B without using a Schedule 1 process.

Subpart 5 of the RMA provides for a SPP to achieve an expeditious planning process that is proportionate to the complexity and significance of the planning issue being considered. Applications must meet certain criteria, one of which is to implement a national direction. If the Minister agrees, he will issue a direction, setting out the process steps, timeframes and expectations for the RPS change process. Council must follow the steps in the direction instead of the standard Schedule 1 process.

The NPS UD, Clause 4.1 sets out the timeframes for implementation. Every tier 1, 2 and 3 local authority must amend its RPS or district plan to give effect to the provisions of the NPS UD as soon as practicable. In addition, an RPS change must be notified no later than 20 August 2022 to give effect to Policies 3 and 4 relating to Tier 1 urban form density to reflect housing and business use demand in city centre and metropolitan centre zones. 

Responsive planning requirements apply to tier 1 and 2 local authorities. The policies need to be implemented continuously, as and when relevant requests for plan changes or consent applications are made. For the purposes of implementing Policy 8 (responsive planning) of the NPS UD, criteria must be included in RPSs to determine what plan-change requests will be treated as adding significantly to development capacity.

1.2      Alignment with Strategic Framework

 

A Vibrant Region

We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.

The Way We Work

We look to partnerships for best outcomes.

Delivery of RPS changes is an integral part of the Long-Term Plan’s Regional Planning activity which sets Council’s strategic planning and policy direction. The RPS identifies how the integrated management of the region’s natural and physical resources are to be managed by establishing policy direction for regional and district plans.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

The RPS identifies how the integrated management of the region’s natural and physical resources are to be managed by establishing policy direction for regional and district plans.  Meeting the NPS UD responsive planning requirements is expected to generate a range of social, cultural and economic benefits particularly in terms of meeting the government’s urban housing objectives.

2.        Proposed Change 6 (NPS UD)

2.1      Background

On 16 February 2021, this Committee approved in principle use of the SPP for PC6. Staff were to commence development of draft provisions in consultation and engagement with key stakeholders. This work has commenced and is ongoing. Early consultation, to develop draft PC6, has been held with city and district councils, Kainga Ora and MHUD.

A workshop was held with this Committee on 21 September 2021 which covered: development principles and scope of PC6; key policy changes; project timeframes and engagement; and preparation on the SPP application.

A ‘Deeper Dive’ session was held on 27 September 2021 to provide Councillors with the opportunity look more closely at the various provisions and provide staff with further direction.

The attached version of PC6 (Attachment 2) is the product of Committee guidance and stakeholder feedback to date.

Note: This report is not seeking approval to notify the attached version of PC6. The attached version will form part of the SPP application to MfE to show the extent of changes to be covered by the SPP application. It is expected PC6 will go through several more iterations prior to being presented to this Committee for approval to notify for public consultation mid-2022.

2.1      Streamlined Planning Process

Councils may make a request to the Minister for the Environment to use an SPP for a proposed policy statement, plan, plan change or variation. The process must be "proportional to the issues being addressed" and is intended to provide greater flexibility in planning processes and timeframes and allow these to be tailored to specific issues and circumstances. If approved, the Minister will provide his Direction; which must also specify the timeframe for completion of the SPP.

A summary of SPP criteria (Section 80C RMA), mandatory steps (Clause 78, Schedule 1, RMA), and documents/information required (Clause 83, Schedule 1, RMA) is attached (Attachment 3).

The SPP provides more certainty for our stakeholders regarding timeframes, steps and final criteria requirements. Territorial Authorities are required to implement the NPS UD through district plan changes which relate to the RPS urban growth policies - a streamlined process would provide greater clarity and certainty for them. There are limited rights of appeal which avoids protracted delays and costs involved with mediation and potential Environment Court appeals.

Councillors are reminded the SPP was used for RPS Change 4 (Tauriko West Urban Limit).

2.2      Benefits of using the SPP

The key difference between the SPP and a conventional RMA Schedule 1 process is that the Minister for the Environment approves the process to be followed. Once the process is complete, the Minister issues his decision on the Proposed Change. If approved, the final decision is notified by the local authority and the Change becomes operative.

The RPS changes required to implement the NPS UD are limited in scope and are largely prescribed in the NPS UD therefore should be relatively the same regardless of the process used.

Council can progress the RPS Change through a Schedule 1 Process with Council making the decision and leave open the opportunity for potential appeals and delays through the Environment Court or use the SPP, leaving the final decision to be made by the Minister for the Environment.

Staff consider the RPS Change required to implement the NPS UD responsive planning requirements meet SPP criteria a) by implementing the NPS-UD. Also, managing the western Bay of Plenty sub-region’s growth is required to meet significant and pressing community need, criteria c). Using the SPP approach will mean the timeframes for the rest of the process will be more certain and won’t be delayed as they could if Environment Court appeals are permitted. As there are no appeal rights and the nature of Change 6 is that the detailed wording, rather than the overall approach, is more likely to be contested a draft Hearing Panel decision will be issued for comment.

If approved through this paper, staff will liaise with MfE officials and lodge the application for Minister’s consideration. The Minister has a statutory requirement to consult on the proposal to use the streamlined process. It is likely the approval process may take three to four months before a response is received. The Minister must grant the request for it to proceed.

3.        Considerations

3.1      Risks and Mitigations

Risks and mitigations for the SPP are set out in Attachment 4.

3.2      Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

There are no direct implications from climate change on the RPS change. Any new urban development will be required to comply with the RPS Natural Hazard provisions and have regard to the effects of climate change.

3.3      Implications for Māori

The NPS UD 2020 requires councils to plan well for growth and ensure a well-functioning urban environment for all people, communities and future generations. This includes Policy 9 which requires taking into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), in relation to urban environments, must:

a)      Undertake effective involvement and consultation with hapū and iwi that is early, meaningful and, as far as practicable, in accordance with tikanga Maori;

b)      Take into account hapū and iwi values and aspirations for urban development;

c)      Provide opportunities for Maori involvement in decision-making on resource consents, designations, heritage orders, and water conservation orders, including in relation to sites of significance to Maori and issues of cultural significance; and

d)      Operative in a way that is consistent with iwi participation legislation.

The RPS does not fully reflect Policy 9 of the NPS UD in relation to taking account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) in relation to urban environments. While the RPS implements the Treaty principles broadly in several sections, it does not specifically apply them to urban environments. A new policy will be included to implement NPS UD Policy 9 requirements.

Council will continue to provide opportunities for engagement with iwi Māori during the ongoing development of PC6 regardless of whether a Schedule 1 or Streamlined Planning Process is used.

3.4      Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

Council will consult and engage with key stakeholders and landowners during development the proposed change to the RPS regardless of whether a Schedule 1 or Streamlined Planning process is used.

3.5      Financial Implications

If the recommendation is adopted by Council, will it result in:

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

The PC6 costs in the 2021/22 year of the Long-Term Plan 2021-2031 budget involve primarily staff and consultant time. Following public notification to commence the Schedule 1 SPP (expected in mid-2022), there will be additional costs for the hearing process including printing and publication, deliberations and hearings. PC6 to the RPS urban and rural growth management provisions was not budgeted for ahead of the formal RPS review in 2024. This requirement has resulted from the NPS UD.

4.        Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

Subject to the Strategy and Policy Committee approval of the attached SPP application, staff will liaise with MfE officials and lodge the application for Minister’s consideration.

Staff will continue to engage with key stakeholders, iwi and hapū, local authorities, regional consultants, infrastructure providers, and regional Economic Development Agencies with the attached version of PC6 (as per the Communication and Engagement Plan provided at the 21 September 2021 Strategy and Policy Committee Workshop).

Staff will report back with an update on the SPP application when we have the Minister’s response.

Attachments

Attachment 1 - Streamlined Planning Process Application for draft Proposed Change 6 (NPS UD) to the RPS

Attachment 2 - draft Proposed Change 6 (NPS UD) to the RPS Version 1.11

Attachment 3 - Summary of SPP criteria and mandatory steps

Attachment 4 - Risks and mitigation  

 


Strategy and Policy Committee                                                                       27 October 2021

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Strategy and Policy Committee                                                                       27 October 2021

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Strategy and Policy Committee                                                                       27 October 2021

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Strategy and Policy Committee                                                                       27 October 2021

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Report To:

Strategy and Policy Committee

Meeting Date:

27 October 2021

Report Writer:

Santiago Bermeo, Senior Planner

Report Authoriser:

Mat Taylor, General Manager, Corporate

Purpose:

Seek the Committee’s agreement to the proposed design of the Sustainable Homes Scheme.

 

 

Sustainable Homes Scheme: design decisions

 

Executive Summary

Following the discussion at your workshop on 21 September 2021, this paper seeks the Committee’s agreement to the proposed design of the Sustainable Homes Scheme. Specifically, we are seeking decisions in relation to the: 

·       approach to grants and loans (i.e., who and what would each be directed at);

·       share of capital funds to be allocated for loans and grants respectively;

·       share of loan funding for interest-free and interest-bearing loans respectively;

·       eligibility criteria;

·       start date for the grant component of the Scheme;

·       restrictions on certain types of heating devices; and

·       approach to preferred suppliers.

The proposed design is essentially the same as the preferred options presented at the 21 September workshop. However, some aspects have been clarified in light of Councillors’ feedback.

 

Recommendations

That the Strategy and Policy Committee:

1        Receives the report, Sustainable Homes Scheme: design decisions.

2        Agrees for the grant component of the Sustainable Homes Scheme to:

(a)  work alongside the Warmer Kiwi Homes Programme, covering (or partially covering) the portion of heating and insulation costs which is not funded by the Programme, up to a maximum of $1,000 (excl. GST) per facility per household;

(b)  be allocated $200,000 (or 10% of total capital funds); 

(c)  adopt the same eligibility criteria as the Warmer Kiwi Homes Programme; and

(d)  start as soon as possible, by 1 February 2022 at the latest.

3        Agrees for the loan component of the Sustainable Homes Scheme to:

(a)  cover heating and insulation costs (up to $5,000 each, excl. GST) and solar power costs (up to $12,000 excl. GST) AND work alongside the Warmer Kiwi Homes Programme, covering the unfunded portion of heating and insulation beyond the Scheme’s grant limits [refer to 2(a) above];

(b)  be allocated $1.8 million (or 90% of total capital funds);

(c)  offer interest-free loans only; and

(d)  limit eligibility to owner-occupiers only for the first three years, before extending eligibility (e.g., to landlords) from the fourth year, subject to available funds.

4        Agrees for the Sustainable Homes Scheme as a whole to:

(a)  in relation to heating devices, restrict funding to heat pumps and ultra-low emissions wood burners only AND require inefficient/high-emission heating to be removed;

(b)  generally require homes to be insulated before funding heating facilities, and generally require homes to be insulated and heated before funding solar power; and

(c)  adopt a medium level of control to preferred suppliers through a low entry barrier but retaining the ability to exclude suppliers.

1.        Introduction

On 4 August 2021, the Strategy & Policy Committee approved objectives for the Bay of Plenty Sustainable Homes Scheme (‘the Scheme’), as set out in Figure 1. The Scheme is one of the actions in BOPRC’s Climate Change Action Plan 2021-23.

Figure 1: Scheme objectives

The Scheme will help fund and finance the supply and installation of retro-fit ceiling/under-floor insulation, clean/efficient heating, and solar power systems (panels, inverters, batteries, etc.). These facilities would have to meet relevant performance standards.

The Long Term Plan 2021-31 (LTP) provides $663,000 in operational funds for the Scheme over ten years (from general rates), and $2m of capital funding for loans and grants (from Council reserves). Councillors agreed for the Scheme to offer a combination of grants and loans (both interest-bearing and interest-free), in line with the option supported by the majority of LTP submitters.

Operational funds are expected to cover:

·           Scheme development costs ($10,000 during 2021/22);

·           marketing costs ($20,000 per year between 2022/23 and 2024/25);

·           administration costs ($25,000 per year between 2022/23 and 2030/31); and

·           reinstating Council reserves (in relation to grants and interest-forgone in interest-free loans).

At the Strategy & Policy workshop on 21 September 2021, Councillors considered a range of options for the Scheme’s design. Councillors were supportive of the preferred options, essentially the same as those recommended in this paper. Decisions on Scheme design are inter-related (e.g., the more capital funds offered through grants means there will be a lower amount available to offer through loans). A Scheme model is available to help Councillors consider the financial implications of these inter-relationships (A3634740). Figure 2 summarises the provisions made in the LTP and the planned operation of the Scheme.

1.1      Legislative Framework

As flagged previously, the main risk for the loan component of the Scheme is compliance with the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and regulations. This legislation (including recent amendments due to come into force soon) require credit providers to apply responsible lending practices[2] but also a range of administrative requirements[3]. The Scheme will not be able to offer loans until we address compliance with these obligations. Compliance costs with the administrative requirements in particular could be prohibitive.

The Chairman and Chief Executive have written to the Minister of Commerce and Consumer Affairs seeking a review of the application of the CCCFA to the Scheme and the Rotorua Hot Swap (RHS) Programme.  Staff are also working with Taituara (formerly Society of Local Government Managers, SOLGM) and a range of other councils that operate or are planning similar schemes to seek a sector-wide solution, although there are a range of different practices and council positions.  Should these efforts not yield a successful outcome, we will need to consider in more detail cost-effective approaches to comply with the CCCFA.

Figure 2: LTP provisions and operation of the Sustainable Homes Scheme

1.2      Alignment with Strategic Framework

 

A Vibrant Region

Our region is reducing net greenhouse gas emissions in line with national targets and is transitioning to a low carbon economy.

While the Scheme is expected to have co-benefits for air quality and social wellbeing in particular, the main objective is to reduce greenhouse gas (GHG) emissions associated with electricity use (as identified in Figure 1). We will estimate this impact once the Scheme is underway. It will not be possible to measure changes in emissions associated with the Scheme directly. The impact of the Scheme will be mainly on indirect emissions, dependent on individual household electricity use before and after interventions, and on the share of non-renewable electricity coming from the grid at the time. As described in an earlier paper, conservative working assumptions are that Scheme interventions could result in a reduction of GHG emissions ranging from 0.5 to 1 ton CO2-equivalents per participating household per year.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

The working assumption on the impact of the Scheme on regional GHG emissions is a reduction of between 0.5 to 1 ton CO2-e per participating household per year, subject to the type of facilities adopted, and reaching between 350 and 700 households. There would also be some co-benefits for air quality by replacing inefficient high emission heating. Social and economic benefits for individual participating households could be significant (e.g., improved health outcomes through warmer and drier homes, lower power costs, etc.). Culturally, a warm dry home improves homeowners’ ability to exercise manaakitanga.

However, at a regional level, the scale of impact (relative to regional GHG emissions for example) will be small. Although ultimately, this will be dependent on uptake of the Scheme, its halo effect and the scale of investment that Council ultimately chooses to make in the Scheme (i.e., beyond current provisions). For example, Waikato Regional Council initially plans to invest $5 million in a similar scheme; Hawke’s Bay Regional Council has invested $32 million in a similar scheme that has benefitted more than 17,000 households over 11 years.

 

2.        Proposed scheme design

Attachment 1 contains a table showing the scheme design options considered during the 21 September 2021 workshop. The recommendations in this paper are essentially the same as the preferred options in that table.

2.1      Grants

The recommended approach is for grants to cover the unfunded portion of central government’s Warmer Kiwi Homes (WKH) Programme grants for heating and insulation, up to a maximum of $1,000 (excluding GST) per facility per household.

 

The WKH Programme already targets low-income households, consistent with objective 4 above, and would allow the Scheme to leverage central government funding. The WKH Programme has been operating for several years; it has systems and processes in place that would enable an almost immediate partnership with BOPRC under the Scheme. This includes preferred suppliers servicing the Bay of Plenty. In fact, a partnership with the WKH Programme already supported the Rotorua Hot Swap (RHS) Programme. We have discussed with EECA, which manages the WKH Programme, and it has confirmed this approach is viable.

 

We also propose to allocate 10% of available capital funds (or $200,000) to the grant component of the Scheme. This would benefit more than 300 households. We consider this is an appropriate balance between supporting low-income households and the overall Scheme’s reach. In addition, the financial parameters proposed would eventually allow the Scheme to reinstate Council reserves, from where capital funds are coming.

 

We recommend that the grant component of the Scheme adopts the same eligibility criteria as the WKH Programme. That is, homeowners that either hold a Community Services Card or who live in a high deprivation area. WKH Programme eligibility criteria is consistent with objective 4 and would minimise confusion and complexity.

 

Finally, because the WKH funding is time and budget limited, we recommend an earlier start date of this component of the Scheme, aiming to start as soon as possible but by February 2022 at the latest. The main reason to delay the loan component of the Scheme is to address compliance with the CCCFA but this issue does not apply to grants.  

2.2      Loans

The Scheme will not be able to offer loans until compliance with the CCCFA is addressed. Nonetheless, we are seeking decisions from the Committee on this component of the Scheme, anticipating this will occur in due course.

The recommended approach is for loans to finance insulation and heating up to $5,000 each (excluding GST), and solar power up to $12,000 (excluding GST). In addition, loans could also be available for the unfunded portion of WKH Programme grants beyond the Scheme’s proposed grant funding limit.

In relation to the share of capital funding, we recommend allocating 90% of available capital funds (or $1.8 million) to the loan component of the Scheme. This would benefit between 150 and 400 households across the region. We consider this is an appropriate balance between supporting low-income households and the overall Scheme’s reach. In addition, the financial parameters proposed would eventually allow the Scheme to reinstate Council reserves, from where capital funds are coming.    

We recommend that the Scheme offers only interest-free loans. While not charging interest is unlikely on its own to exempt the Scheme from compliance with the CCCFA, it would support arguments about the extent to which the Scheme should be subject to the CCCFA. Furthermore, interest free loans would potentially increase uptake of the Scheme.

We proposed that, initially, for the first three years of the Scheme, eligibility is limited only to owner-occupiers. From year four, eligibility could be extended (e.g., to landlords), subject to remaining funds. Landlords are already required to provide rental properties that meet heating and insulation standards. Furthermore, the impact of installing these facilities on holiday homes would be limited.

2.3      General provisions

We recommend restricting funding of heating devices under the Scheme to heat pumps and ultra-low emission wood burners only. The WKH programme also funds pellet burners and other types of wood burners. However, in the RHS Programme, reliability issues have been reported with pellet burners, which are also not very popular. Furthermore, wood burners that are not ultra-low emission are inconsistent with the Scheme’s objectives. In addition, and consistent with RHS Programme requirements, we recommend requiring the removal of any inefficient/high emission heating devices (e.g., gas, old wood burners).

We also recommend generally requiring homes to be insulated before funding heating facilities, and generally require homes to be insulated and heated before funding solar power. Heating an uninsulated home would not be an energy efficient intervention. Furthermore, heating and insulation are basic facilities, so these should be addressed before solar power. Note this does not mean we will require a specific type of heating device before qualifying for solar power funding (e.g., a house with an old wood burner). Discretionary exceptions to these requirements would be needed (e.g., some homes cannot practically be insulated).  

We propose a medium level of control for preferred suppliers/installers. This would be through an approved supplier/installer list, a low barrier of entry into that list (e.g., simple application, membership of relevant industry organisation where relevant). However, Council would retain the ability to exclude suppliers/installers from the approved list at its discretion (e.g., any suppliers/installers that have been previously excluded from the RHS Programme tender processes or which continually fail to meet standards). In relation to the grant component of the Scheme, preferred suppliers would be limited to those that are also preferred suppliers to the WKH Programme.  

3.        Considerations

3.1      Risks and Mitigations

Please refer to section 1.1 for compliance with the CCCFA, which is currently the main risk to the loan component of the Scheme. Attachment 1 describes other risks with Scheme design options.

3.2      Climate Change

 

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

As explained above, the main driver for the Scheme is reducing GHG emissions and helping households in the region to transition to a low carbon economy. Solar systems have also been considered a form of adaptation, by enabling a degree of self-sufficiency and reduced reliance on the grid (which could be temporarily affected by severe weather events under a changing climate, for example).

3.3      Implications for Māori

Council has responsibilities to Māori under the LGA and the RMA. We are required to meet those responsibilities and identify any potential implications for Māori.  Please consider including this section for reports going to all committees.  The following questions will aid your analysis:

·   Are there any positive or negative effects on Māori (social, cultural or economic)?

·   What consultation/engagement has been undertaken with Māori and what form did it take? How did Māori contribute to this decision?

·   Does the issue require consideration of: iwi planning documents, Treaty settlement legislation or any other document expressing matters of importance to Māori?

Crtl + click for Guideline material.

Figure 3 shows that, in the Bay of Plenty, Māori are more likely than the general population to live in unhealthy homes, with either no heating or inefficient/high emission types of heating. We have no information about the number of Māori homes that have no insulation or solar energy. However, it would be reasonable to expect that a greater proportion of Māori homes also lack those facilities.

The proposed eligibility criteria for the grant component of the Scheme (i.e., Community Service Card holders or households in high deprivation areas) is expected to cover a large proportion of the region’s Māori population, consistent with the Scheme’s fourth objective (Figure 1). Furthermore, staff plan to work with Trusts and organisations that already work to make Bay of Plenty homes healthier to ensure assistance is targeted and prioritised to areas of greatest need.

 

 

 

 

Figure 3: Bay of Plenty homes - dampness, mould and types of heating (Source: Census 2018, StatsNZ)

Dwelling dampness indicator

Dwelling mould indicator

Main type of home heating

3.4      Community Engagement

What level of engagement is council commited to? What actions will be taken

Consider identifying in the report:

• Council’s knowledge of community views on the subject.

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

Adobe Systems

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

While no consultation or community engagement informed this paper, the Scheme was part of LTP consultation, and was supported by most submitters. Many submitters made specific suggestions about the Scheme’s design, which have been taken into account in the recommendations.

Furthermore, we have also engaged with EECA and various trusts and organisations that work towards making Bay of Plenty homes healthier. These engagements have informed this paper.

3.5      Financial Implications

If the recommendation is adopted by Council, will it result in:

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

There are no material unbudgeted financial implications and this work fits within the allocated budget.

4.        Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

Figure 4 summarises the journey to date, following adoption of the LTP, and next steps. Should the Committee agree to the recommended Scheme design, the focus will shift to implementation, including planning and delivering communications, finance and administration support and systems. Work to address compliance with the CCCFA is ongoing.

 

Figure 4: Sustainable Homes Scheme - journey to date and next steps

Attachments

Attachment 1 - Sustainable Homes Scheme: design options and discussion   


Strategy and Policy Committee                                                                                        27 October 2021

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Report To:

Strategy and Policy Committee

Meeting Date:

27 October 2021

Report Writer:

Nic Newman, Principal Advisor

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To provide an update on council’s climate change adaptation specific workstreams

 

 

Update on climate change adaptation work

 

Executive Summary

The purpose of this report is to update council on our climate change adaptation specific workstreams as part of our Climate Change Action Plan, and the operating environment in the adaptation space.

Our work is currently focused on 3 fronts: facilitating a regional approach to adaptation where appropriate, supporting community led adaptation projects, and leading adaptation projects where we have a clear role and understanding of the climate hazards.

Currently key work on these 3 fronts entails: developing a Regional Climate Risk Assessment, implementing our community and iwi led adaptation projects funded in the LTP, and the Whakatāne-Tauranga Rivers Climate Resilience project.

This work, and the networks we are involved in, will see us well placed once further national direction arrives. We are maintaining a region-wide view, supporting our community, and leading where appropriate.

 

Recommendations

That the Strategy and Policy Committee:

1        Receives the report, Update on climate change adaptation work.

 

1.        Introduction

Goal 3 of Council’s Climate Change Action Plan is ‘As a region we understand, are preparing for and adapting to a changing climate’ and Goal 4 is that ‘Our Bay of Plenty community is aware engaged and resilient’.

In delivering on these goals we have key projects funded through the long-term plan including: a regional climate risk assessment, support for community and iwi led adaptation planning, and council’s Whakatane Tauranga Catchments Climate Change Resilience Project. These initiatives follow our initial project in 2019, which was to enable a Bay of Plenty understanding of climate change projections. We did this through contracting NIWA to develop a technical analysis of projected impacts for the region at a greater level of detail than the national assessment. We are currently working on incorporating this information into a series of interactive maps to make it more accessible to the wider public.

Staff are also closely connected to national and regional initiatives.

1.1      Legislative Framework

The Climate Change Response (Zero Carbon) Amendment Act 2019 requires the preparation of a national climate change risk assessment (the first iteration of which was published in 2020) and the preparation of a national adaptation plan.

Three key pieces of legislation imminent are: the Natural and Built Environment Act (NBEA), the Spatial Planning Act (SPA), and critically the Climate Change Adaptation Act (CCAA).

1.2      Alignment with Strategic Framework

 

A Healthy Environment

Freshwater for Life

Safe and Resilient Communities

We provide systems and information to increase understanding of natural hazard risks and climate change impacts.

A Vibrant Region

The Way We Work

We use robust information, science and technology.

This work directly delivers on our climate change strategic priority ‘As a region we are preparing for and adapting to a changing climate’.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

 

Climate change has the potential to affect each of the well-beings in our region and through our communities.

 

 

2.        Climate Change Adaptation Workstreams

Given the dynamic operating environment we are focused on tangible actions at a range of scales.

 

2.1      The operating context

As outlined, key pieces of legislation are due in late 2022 as part of the RMA reforms: the NBEA, SPA and the CCAA. Alongside this is the release of the National Adaptation Plan in August 2022 and the Future for Local Government Review, with the draft recommendations released in late 2022.

There is significant uncertainty created by this reform. It is not clear what direction, if any, for local government will be part of the National Adaptation Plan. The Climate Change Adaptation Act is the key piece of legislation which should provide the national direction required. Finally, the future for local government project would likely consider climate change adaptation planning as part of any future function or form for local government.

Key direction we would like to see from these reforms includes the issues of: local government roles and responsibilities for leading adaptation planning (beyond the obvious where council assets are involved) and secondly how to fund and implement adaptation actions that come from these processes, including complex issues with private property and managed retreat.

Staff are closely linked in with national developments. For example, we have been involved in the development of national guidance for local risk assessments. This guidance was released on 29 September and our regional risk assessment will be the first to use this new national guidance. Staff are involved in the new Local Government Climate Change Adaptation Network which was launched in September. Council has also facilitated a technical regional working group on adaptation over the last 12 months which involved representatives from local authorities across the region, ensuring we remain connected and joined up around adaptation work.

2.2      Community and Iwi led adaptation planning

The 2021-2031 LTP provides funding to support community led adaptation planning, led by communities who are ready. The funding is in recognition that communities are deeply connected to place and changes to that place. The objective of the funding is to complement any Council led work with a bottom-up community led approach.

$70,000 per annum is available to be allocated to support community and iwi/hapu led adaptation planning. Funding is designed to enable the identified groups to plan for a changing climate at a community scale. This includes: understanding projected climate hazards, understanding what is at risk for a community from these hazards, and planning or exploring options on how to adapt to these changes. A single project may address one or all of these steps. A limit of $15,000 funding has initially been set for a project, to enable a range of projects to be funded.

This funding is currently open and guidelines are available https://www.boprc.govt.nz/environment/climate-change. Given the modest amount of funding available this has been promoted initially to groups that Council are already engaged with, including those that submitted on climate change through the LTP, and will widen after the first round.  Staff are currently engaged with potential projects and applicants to the fund.

2.3      Whakatāne Tauranga River Catchments 

Council will be leading the Whakatāne Tauranga Catchments Climate Change Resilience Project in the eastern Bay of Plenty. This is part of our adaptation response to climate change. We are able to initiate and lead this project as we have clear roles and responsibilities through our ownership and management of the river schemes which provide flood protection to the community. We also have good understanding of the relevant climate hazards and advanced knowledge of the hydrology of the catchment and how temperature rise will affect the performance of our flood protection assets.

We will be using the Dynamic Adaptive Pathways process (as included in MfE’s Coastal Hazards and Climate Change Guidance) to explore and resolve actions which will manage the increased flood risk in the catchment due to climate change. The first decision point will be actions to manage flood risk to 2040 and triggers for the second set of actions. The project will work with the community on building awareness, understanding, and solution development over 2022/2023.

2.4      Regional Climate Risk Assessment

We have already facilitated an understanding of Climate Change projections for the region through NIWA’s 2019 report which downscales the national climate model for the region based on the IPCC fifth report. This report and accompanying video are the basis of our understanding of climate projections for the region and form the ‘what we can expect’ section of our climate web page. Advice from NIWA is that the recent IPCC sixth assessment report does not materially change projections for the region.

Following an understanding of projections for the region, the next logical step is to understand what is at risk from these projected impacts. This format of first understanding projections and then risks is the procedure followed nationally (and as directed in the ‘Zero Carbon Act’). The purpose of a regional risk assessment is to build our understanding of what is at risk in the region from a changing climate and how relative that risk is, to inform adaptation responses.

The risk assessment will be a technical assessment of relative risk and is not expected to prioritise risks per se (i.e. rank). It will enable decision makers to make informed decisions on priorities and resource allocation for adaptation responses. It is expected that the next steps following a risk assessment would be the development of an adaptation plan(s) or programme(s) for the region (national direction contingent).

We have recently contracted Tonkin and Taylor to complete our Regional Climate Risk Assessment. This assessment will follow the new national guidelines for local risk assessments and be broken into two parts. Firstly, it will identify and screen a range of potential risks for the region based on climate hazards, using stakeholder survey, stakeholder workshops, and literature review. Following identification and screening, risks will be assessed using an internationally recognized process. The output from the process is a risk assessment for the region which be the basis for the next step of adaptation planning. 

Initial thinking is that the regional risk assessment would be presented to the mayoral forum in Q2 of 2022. This milestone will enable the conversations around responses on two levels. Firstly, governance of a ‘long term adaptation programme of works’ that follows the risk assessment and at what scale that happens at (e.g. district, sub region, regional, distributed). Secondly, the prioritisation and resource allocation to works in response.

3.        Considerations

3.1      Risks and Mitigations

              A regional risk assessment gives us a solid basis to move forward, at whatever scale is deemed appropriate. In terms of adaptation response, we are beginning where we have clear responsibilities and clear understanding (Whakatāne Tauranga River Scheme) and supporting communities who are ready to begin work in this area.

Lack of national direction is a potential risk, but we are well connected and feel confident that we are starting the journey with the correct steps and not going too fast or too slow. It is important to acknowledge that many of our rural and Māori communities in particular have already been adapting to changes in the climate through decisions and observations that are made each season.

3.2      Climate Change

 

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

 

The subject matter of this paper is climate change adaptation.

3.3      Implications for Māori

This work reflects the fact that some Māori may be particularly vulnerable to climate change due to communities being located close to coasts and rivers in the region and due to significant reliance on the environment for social, cultural and economic well-being. Each project recognises the place of iwi/Māori on the adaptation journey.

In recognition that Māori may have an alternate framing of ‘climate risk’, in parallel with our regional risk assessment we have funded a project to pilot a Kaupapa Māori approach to climate risk assessments. We are awaiting the final outputs from this project.

Our community led funding has ring-fenced 50% of the annual funding of $70,000 for hapū and iwi led projects. Staff are currently working with a number of hapū around their potential projects which include coastal marae and papakainga.

The Whakatāne Tauranga Climate Resilience Project will co-operate with Ngāi Tūhoe and Ngāti Awa, working with them on solutions and incorporating their advice into final recommendations where possible. We will seek guidance from iwi on the shape of engagement.

3.4      Community Engagement

Each project involves tailored engagement.

The Community and Iwi led funding effectively empowers community to lead their own adaptation planning, Staff are engaged to support potential projects and community groups.

The Whakatāne Tauranga Climate Resilience Project will have significant community engagement at a range of levels. 

The Regional Climate Change Risk Assessment will involve a number of regional stakeholders in the identification of potential risks and throughout the project. Wider community engagement will follow.

3.5      Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

Note - the work described is within allocated budgets, however adaptation actions which arise from the Whakatāne Tauranga Resilience project are not budgeted.

4.        Next Steps

The next steps include: assessing and contracting the successful initial community-led projects, the first phase of risk identification and screening for the regional risk assessment, and initial engagement with partners on the Whakatāne Tauranga Resilience Project.

 

By June 2022 we will have a number of community led projects taking communities on the adaptation journey, be exploring with the community how to adapt to the climate impacts on flood management in Whakatāne Tauranga catchments, and we will have a regional risk assessment complete and be ready for discussions on adaptation planning.  

 



[1] Bay of Plenty Regional Council meeting, 17 December 2020.  Agenda Item 9.3: Adoption for Audit of LTP Consultation Document and Supporting Material, Attachment 7

[2] E.g., assess borrower’s affordability, assist them to make informed decisions, disclosure, not charging unreasonable fees, etc.

 

[3] E.g., publications, registration, certification of fit and proper Directors and Managers, etc.