Agenda of Strategy and Policy Committee - Tuesday, 15 February 2022

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	Plan Change 13 Update	Withholding the information is necessary to maintain legal professional privilege.	48(1)(a)(i) Section 7 (2)(g).	the Environment Court releases its final decision on Plan Change 13.

Strategy and Policy Committee Minutes

27 October 2021

Strategy and Policy Committee

Open Minutes

Commencing: Wednesday 27 October 2021, 09:30 am

Venue: Via Zoom (Audio Visual Meeting)

Chairperson: Cr Paula Thompson

Deputy Chairperson: Cr Stuart Crosby

Members: Chairman Doug Leeder

Cr Jane Nees

Cr Matemoana McDonald

Cr Toi Kai Rākau Iti

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: Staff: Namouta Poutasi – General Manager Strategy and Science, Stephen Lamb – Environmental Strategy Manager, Stephanie MacDonald – Community Engagement Team Leader, Nicki Green – Principal Advisor Policy and Planning, Ruth Feist – Senior Urban Planner, Lorraine Cheyne – Team Leader – Transport & Urban Strategy, John Olliver (Consultant), Santiago Bermeo – Senior Planner, Marion Henton – Senior Regulatory Project Officer, Nic Newman – Principal Advisor, Laverne Mason – Integrated Catchments Programme Manager, Shari Kameta – Committee Advisor, Jenny Teeuwen – Committee Advisor

External presenter: Bill Bayfield - CEO Taumata Arowai

Apologies: Chairman Doug Leeder (lateness/interim departure), Cr Stuart Crosby (interim departure), Cr Matemoana McDonald, Cr Stacey Rose (early departure), and Cr Te Taru White

Please note that the meeting was livestreamed and the recording is available on the Council YouTube channel via this link Strategy and Policy Committee - 27 October 2021.

1. Apologies

Resolved

That the Strategy and Policy Committee:

1 Accepts the following apologies tendered at the meeting:

Cr Matemoana McDonald and Cr Te Taru White (for absence); Chairman Doug Leeder (for lateness); Cr Stacey Rose (for early departure from the meeting), Chairman Doug Leeder and Cr Stuart Crosby (for departure from the meeting during the course of the morning to attend Local Government New Zealand (LGNZ) business).

Thompson/Thurston

CARRIED

2. Chairperson's Announcement

The Chairperson advised that a presentation would be provided by Taumata Arowai’s Chief Executive Bill Bayfield at 10:00am (in relation to Agenda item 8.1, Operating Environment).

3. Declaration of Conflicts of Interest

None declared.

4. Minutes

Minutes to be Confirmed

4.1

Strategy and Policy Committee Minutes - 4 August 2021

Resolved

That the Strategy and Policy Committee:

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

Thompson/Thurston

CARRIED

5. Reports

Strategy

5.1

Operating Environment

Presented by: Namouta Poutasi - General Manager Strategy and Science

In Response to Questions:

· Source water protection monitoring and reporting would be required for reticulated water as well as private water supplies.

· The Covid-19 Response Legislation Bill enabled councils to defer commencement of 10 year plans and policy statement reviews.

· The National Waste Strategy related to the re-positioning of the Government’s roles. The detail on how this may affect regional councils was not yet available. The Committee would be updated with progress and any impact on the work programme as it came to hand.

· Regional Council was working collaboratively and in partnership with other regional councils where possible. A summary of the Regional Sector’s Resource Management Act 1991 (RMA) reform approach to efficiency and effectiveness would be provided to the Committee.

· Staff were not sure whether there would be an opportunity to provide input into the proposed National Environmental Standards for Air Quality (NES-AQ) amendments.

Key Points - Members:

· Good understanding and consideration of the democratic practices within iwi authorities was important when drafting discussion papers.

9.48 am - Chairman Leeder entered the meeting.

· The Regional Sector Group Local Government Futures paper had been received by the Regional Sector Group, noting that further work was required that may also be picked up by the Future for Local Government Review Panel.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment.

Thompson/Rose

CARRIED

9:53 am - The meeting adjourned.

10:01 am - The meeting reconvened.

6. Presentations

6.1

Presentation - Taumata Arowai

Presentation - Taumata Arowai Our Journey: Objective ID A3963033

Presented By: Mr Bill Bayfield – CEO Taumata Arowai (in relation to Agenda item 8.1 Operating Environment)

Key Points:

· The Water Services Bill was awaiting sign-off by the Governor General.

· Legislation was still uncertain as there had been some significant changes through the second reading of the Bill and the subsequent order paper. In particular, the drinking water suppliers had been split into two clear categories; registered suppliers to greater than 500 people (approximately 800); less than 500 people (approximately 1,200); and unregistered suppliers (approximately 75,000).

· Registered suppliers, including laboratories and water carriers, would need to maintain and upgrade their registrations within the first year. Unregistered suppliers had up to four years to register.

· Work on wastewater and stormwater would not start for two years.

· Taumata Arowai had recently trialled their first emergency incident exercise and another contamination exercise would be scheduled before Christmas to build capability in that area.

In response to questions:

· The Ministry for the Environment (MfE) was currently re-writing the NES for Sources of Human Drinking Water and this was not expected until mid-next year. In the first year, the focus for BOPRC would be on source water risk management planning and working with major registered suppliers.

· It was not expected that there would be a huge cost involved for the 75,000 unregistered suppliers to become registered. Acceptable solutions were currently being considered to keep costs to a minimum.

The Chairperson thanked Mr Bayfield for his presentation.

10:28 am - The meeting adjourned.

11.00 am - The meeting reconvened.

5. Reports (Continued)

Strategy

5.2

Community Impact Network Action Plan

Presented by: Stephanie Macdonald - Community Engagement Team Leader

Key Points:

· The Community Impact Network comprised four main workstreams –engagement, democracy, volunteering and funding.

· The Action Plan would be a living document and updated with organisation learnings and as the operating environment changed.

· Feedback from councillors had been received and thirty six changes had been suggested.

· It was noted that concern had been raised regarding some of the actions within the democracy stream.

· Staff sought the Committee’s endorsement of the Action Plan with further feedback welcomed.

Key Points - Members:

· There was concern at the lack of information around definitive changes in the Action Plan and it was suggested that a working group with councillors and staff be set up to further refine the document before endorsement.

· Concern was raised regarding the democracy action points, in particular actions 24 to 28; however, it was noted that through the Local Government Act, chief executives had a responsibility and obligation to introduce those action points.

· It was difficult to discern what councillor feedback had been received and what had been included in the report. A summary of submissions received and tracked changes showing what had been altered would have been helpful to better understand this.

· As all councillors indicated that they would like to be part of the working group, it was suggested that a workshop be considered.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Community Impact Network Action Plan.

2 Establishes a working group of interested councillors to further progress and refine the Community Impact Network Action Plan.

Thompson/Thurston

CARRIED

Regulatory Policy

5.3

Essential Freshwater Policy Programme - Update and Notification Deadline

Presented by: Nicki Green - Principal Advisor Policy and Planning

Key Points:

· Highlighted issues that had put pressure on the work programme and timeframes; however, noted that good progress was being made despite these challenges.

· A decision to extend to the December 2024 timeframe would enable more certainty for the Freshwater Hearings Commissioner as well as providing more flexibility in the programme if it was required.

· Staff would still aim for July 2024 as much as possible.

Key Points - Members:

· Favour was indicated to continue to target for July 2024. Staff to continue to monitor the situation including the opportunity to review later.

General Comments - Members:

· Councillors requested that they receive a copy of any material for public consultation prior to it going out to the public.

· It was also important that a balanced view was received through community engagement. It was suggested that focus groups be used more to ensure it was clear where the community was standing on issues.

Resolved

That the Strategy and Policy Committee:

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

2 Continues with Council’s intended timeframe of July 2024 for notifying proposed changes to the Regional Policy Statement and Regional Natural Resources Plan, with the option to review the timeframe if critical issues arise.

Thompson/Nees

CARRIED

5.4

Update to Regional Policy Statement - Housing Bottom Lines

Presented by: Ruth Feist - Senior Urban Planner

Key Points - Members:

· BOPRC needed to work closely with Territorial Local Authorities (TLAs), especially Tauranga, to focus on achieving strong community outcomes in the housing space.

In Response to Questions:

· BOPRC would be submitting to the Resource Management Amendment Bill and had contacted other local councils regarding a collaborative submission.

Resolved

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.

Thompson/Nees

CARRIED

5.5

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

Presented by: Lorraine Cheyne – Team Leader Transport & Urban Strategy

Key Points:

· Approval was sought to lodge the application to change the process, not approval for the proposed plan change.

· The Streamlined Planning Process (SPP) removed appeals that could impede Council.

· If the SPP was approved, further consultation would be undertaken and an application made to the Minister for the Environment. The Minister’s response would be reported back to Council for adoption.

In Response to Questions:

· The recently announced Enabling Housing Supply Bill did not affect the Regional Policy Statement (RPS); however, it would affect Tauranga City Council’s and Western Bay of Plenty District Council’s review of Plan Change 26.

· Reporting back on the consequences of the SPP would occur subsequent to Plan Change 6 being notified.

Resolved

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.

Nees/Thompson

CARRIED

Non-Regulatory Policy

5.6

Sustainable Homes Scheme: design decisions

Presentation - Sustainable Homes Scheme: Design Decisions: Objective ID A3963030

Presented by: Santiago Bermeo - Senior Planner and Marion Henton - Senior Regulatory Project Officer

Key Points:

· Updates were provided on two issues raised in the September workshop - consultation with other organisations that were working in the sustainable homes space and prioritisation of funding to areas of highest need.

In Response to Questions:

· The objective of the scheme was to address emissions rather than tackling climate change.

· The scheme had two funding components – a grant component and a loan component.

· The grant component would start as soon as possible. The delay to the loan component of the scheme was due to issues of compliance with the Credit Contracts and Consumer Finance Act.

· Grant conditions would be more targeted to areas that were most deprived to avoid the fund being overwhelmed with applications. The loan component would be available to a wider range of the population.

Key Points – Members:

· The Local Government Ratepayer Funding Scheme had progressed to a more detailed stage, but was not expected to be online for another 18 to 24 months. Disappointment was expressed for the time this was taking.

Items for Staff Follow Up:

· Implementation and funding eligibility criteria of the scheme to be worked through with the Committee at a later date.

Resolved

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);

(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);

(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.

Love/Clark

CARRIED

11.58 am – Chairman Leeder left the meeting.

Other

5.7

Update on climate change adaptation work

Presented by: Nic Newman - Principal Advisor and Stephen Lamb – Environmental Strategy Manager

Key Points:

· The Climate Change Adaption Act (CCAA) was due in 2023.

· The National Adaption Plan was due out in August 2022.

· Significant uncertainty had been created by RMA reforms.

· BOPRC would be focussing on three key pieces of work – community and iwi/hapu led adaption planning, Whakatane Tauranga river catchments resilience project, and a regional climate risk assessment.

Key Points - Members:

· The Lifelines assessment would feed directly into the regional climate risk assessment.

· The Whakatane Tauranga river catchments resilience project was a chance to gain a collective view of the river.

Resolved

That the Strategy and Policy Committee:

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

Thompson/Nees

CARRIED

7. 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
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.

Thompson/von Dadelszen

CARRIED

8. Public Excluded Business to be Transferred into the Open

8.1

Public Excluded Strategy and Policy Committee Minutes - 4 August 2021

Resolved

That the Strategy and Policy Committee:

1. Confirms that the only business transacted in the public excluded section of the meeting was to confirm the Public Excluded Strategy and Policy Committee Minutes - 4 August 2021.

Thompson/Nees

CARRIED

12.15 pm – the meeting closed.

Confirmed

Cr Paula Thompson

Chairperson, Strategy and Policy Committee



Report To:	Strategy and Policy Committee
Meeting Date:	15 February 2022
Report Writer:	Julie Bevan, Policy & Planning Manager
Report Authoriser:	Julie Bevan, Policy & Planning Manager
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:

· Climate Change Update

· Government Reforms and Change Proposals

· 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 2022 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.

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 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).
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.

2. Operating Environment

2.1 Climate Change Update

2.1.1 Climate change mitigation

· National Emissions Reduction Plan: The Government intends to publish its first Plan by 31 May 2022. This Plan will set out policies and strategies for meeting the first emissions budget (2022-2025) on a sector basis and set the direction for climate action for the next 15 years.

· Agricultural emissions: the Climate Change Commission will be providing two pieces of advice to Government in this area:

o By 30 April 2022, a report on what financial assistance may be required for future farm-level emissions pricing system.

o By June 2022, a report on progress by the He Waka Eke Noa Primary Sector partnership in relation to the primary sector’s readiness to participate in emissions pricing at farm-level, identifying any barriers to implementation and the steps needed to support progress.

· RMA Amendment Act 2020: From 30 November 2022 Council will have to have regard to the national emissions reduction plan when making and amending regional policy statements and regional plans. From this date, Council may also have regard to the effects of discharges into air of greenhouse gases on climate change in making rules to control the discharge of greenhouse gases.

2.1.2 Climate change adaptation

· The first National Adaptation Plan will be published by August 2022 and will provide a high level (national) response to the priority risks identified in the National Climate Change Risk Assessment. Consultation on this plan is expected in early 2022 in parallel with consultation on the Climate Change Adaptation Act (part of the RM Reforms).

· RMA Amendment Act 2020: From 30 November 2022 Council will have to have regard to national adaptation plan when making and amending regional policy statements and regional plans.

2.2 Government Reforms and Change Proposals

2.2.1 Resource Management Reforms Update

The Ministry for the Environment have released the discussion document ‘Our future resource management system: Materials for discussion’, covering key components of the future resource management system and proposals being considered, including:

· The roles and responsibilities that hapū/iwi/Māori, local government and sector stakeholders will play.

· How the National Planning Framework, Regional Spatial Strategies (RSS) and Natural and Built Environments Act (NBA) will work together.

· How the joint committees for the development and decision making on the RSS and NBA would be established, provide for local democratic input etc.

· How the future system would be more certain and efficient for plan users and those requiring consents.

· How the compliance, monitoring and enforcement services effectively support the future resource management system.

These are not matters that were included in the exposure draft of the Natural and Built Environment Bill which was released in June 2021. A link to the discussion consultation document can be found here:

Feedback, which is sought by 28 February 2022, will inform the Ministerial decisions that shape the Natural and Built Environments Bill and the Strategic Planning Bill before their introduction to Parliament next year.

Staff are now considering the questions raised in the discussion document and developing draft feedback points. The draft feedback will be shared with Councillors before lodgement.

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

A ‘Review into the Future for Local Government’ (the Review) commenced in April 2021. The overall purpose of the Review is to identify how our system of local democracy and governance needs to evolve over the next 30 years, to improve the wellbeing of New Zealand communities and the environment, and actively embody the Treaty partnership.

During the first phase of the Review, the Review panel met with local authorities, some iwi, and business leaders across Aotearoa. The early feedback formed the basis of the interim report ‘Ārewa ake te Kaupapa: Raising the Platform’ which was released in September 2021.

Below are links to the interim report and the early soundings report (A thematic summary of comments recorded at ‘soundings’ with local authorities between June – August 2021) which helped the basis of the interim report.

Ārewa ake te Kaupapa – Raising the platform. (futureforlocalgovernment.govt.nz)

Soundings-Report.pdf (futureforlocalgovernment.govt.nz)

In early 2022 the Review panel will be meeting with every council in the country and are also planning to establish a series of regional kōrero for iwi and hapū to ensure there is an opportunity for diverse perspectives to be heard, and contribute to the Review.

2.2.2 Launch of the Conservation Law Reform Roadmap

The Minister of Conservation announced new work to address long-standing problems in conservation law on 10 December 2021. The conservation law reform roadmap sets out our work over the coming years to improve legislation, for both nature and people. The Conservation Law Reform Roadmap (refer Attachment One) shows a mixture of short-term and long-term fixes are needed.

The Minister has acknowledged that given the Government reforms underway at the moment, the comprehensive reform won’t be starting now. The roadmap signals when there will be upcoming engagement opportunities, and it will be regularly updated as the new projects are developed.

2.2.3 National Environmental Standards – for Sources of Human Drinking Water

The Ministry for the Environment began public consultation on proposed changes to the National Environmental Standard for Sources of Human Drinking Water (NES-DW) on 10 January 2021.

The Government is proposing three key areas of improvement to the NES-DW to strengthen its ability to protect drinking water sources: standardising the way we define source water areas, strengthening regulation of activities around water sources, and including more water suppliers under the NES-DW.

The proposed amendments to the NES-DW would require the following from regional councils:

· Mapping Source Water Risk Management Areas (SWRMAs) for all registered water supplies in their region, including engagement with water suppliers and other parties to help validate the delineation of SWRMAs and updating regional plans.

· Updating operational procedures to ensure the NES-DW is being applied to applicable consenting decisions and considered as part of compliance, monitoring and enforcement activities.

· Informing and educating resource users of the requirements of the NES-DW and any previously permitted activities now requiring a consent (noting a transition period will be provided for).

The feedback will be used to refine the proposed changes to the NES-DW which will be gazetted later in 2022. When the NES-DW is gazetted any changes required to the Council’s policy, science or regulatory services work programmes or funding implications will be provided at the following Strategy and Policy Committee Meetings.

2.3 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.

2.4 Strategy and Policy Committee Tentative Work Programme

The tentative regulatory work programme for the Strategy and Policy Committee Meetings and Workshops for 2022 - 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 and includes an update on the Governments Climate Change direction setting plans and processes. 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 - Conservation Law Reform Roadmap ⇩

Attachment 2 - Summary of Upcoming Legislative and Government Policy Changes ⇩

Attachment 3 - S&P Committee Work Programme 2022 ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	15 February 2022
Report Writer:	Nicola Green, Principal Advisor, Policy & Planning
Report Authoriser:	Julie Bevan, Policy & Planning Manager
Purpose:	To outline 2022 reporting to the Committee for the Essential Freshwater Policy Programme and proposed amendments to the National Environmental Standards for Human Drinking Water.

Essential Freshwater Policy Programme: 2022 deliverables and update on proposed national regulations

Executive Summary

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). This report provides updates on national regulatory changes that affect implementation of the EFPP, and likely reporting to the Strategy and Policy Committee this year.

This year, major foci of the EFPP will be developing draft measurable targets, limits and policy options to achieve them, and also working with iwi and hapū to involve them in this process and support their Mātauranga Māori input.

In addition, there will be early “without prejudice” discussions with key stakeholders, and technical experts as we develop options, and some initial communication and engagement with the public.

Councillors will be kept informed regularly as policy options are developed, via Strategy and Policy Committee workshops and meetings, as well as informal discussions. At the June, August and September 2022 Strategy and Policy Committee workshops and meetings, the Committee will be asked to consider the issues and options that will become the focus of engagement in 2023, and also a Communications and Engagement Plan for 2023.

Nationally, several changes to regulations will be gazetted this year. Proposed amendments to the National Environmental Standard for Drinking Water have been released for public consultation. These will primarily affect regional councils and include changes relating to:

1. How at-risk source water areas are delineated.

2. How activities that pose risks to source water are regulated or managed.

3. Protecting all registered water supplies (which will include any party who supplies drinking water to 1 or more other parties).

Staff are reviewing the proposal, and draft submission points will be circulated to Councillors.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Essential Freshwater Policy Programme: 2022 deliverables and update on proposed national regulations .

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 on:

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

· Likely reporting to the Strategy and Policy Committee this year as policy issues and options are developed.

No decisions are sought in this paper.

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. 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.

1.2 Alignment with Strategic Framework

A Healthy 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 deliver solutions to local problems to improve water quality and manage quantity.

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

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

There are no immediate effects of this report on the four community well-beings. However, the EFFP will deliver new regional policies and rules that primarily will provide for the wellbeing of the freshwater bodies and freshwater ecosystems and also greater provision for cultural values (e.g., Mahinga Kai). There are likely to be social and economic implications of these policy and regulatory changes, the nature of which will be assessed before proposed changes are publicly notified in 2024.

2. Essential Freshwater Policy Programme 2022

The EFPP continues to be implemented according to the agreed programme plan. The 17 November 2021 Strategy and Policy Committee workshop included an outline and discussion of key deliverables for 2022.

In summary, during 2021 the EFPP had a strong focus on delivering science and technical information that will underpin the plan making process, and on building relationships and engagement with iwi and hapū.

2.1 The year ahead

This year, major foci will be developing draft measurable targets, limits and policy options to achieve them, and also working with iwi and hapū to involve them in this process and support their Mātauranga Māori input.

In addition, there will be early “without prejudice” discussions with key stakeholders, and technical experts as we develop options, and some initial communication and engagement with the public (see section 4.4 below).

Strategy and Policy Committee Meeting	Topic
June 2022	RPS freshwater amendments, RNRP Integrated Management, Beds of Water Bodies, and Wetlands chapters
August 2022	Discharges Water/Water Quality (region wide chapters and FMUs)
September 2022	Groundwater and Surface Water Quantity (region-wide chapters and FMUs). Communications and Engagement Plan for 2023

After local government elections, Councillor induction briefings will bring these topics and the policy programme to the attention of new Councillors in particular.

3. Changes to national regulations for freshwater

Table 1 outlines upcoming legislative, regulatory and policy changes specifically relating to freshwater management and affecting this work programme.

BOPRC submissions were lodged regarding Freshwater Farm Plan, Intensive Winter Grazing, Wetland and Stock Exclusion regulations. Announcements as to gazettal documents and dates are expected in early-mid 2022.

Table 1: Upcoming national changes relating to freshwater

Instrument/change	Release Dates
Freshwater Farm Plan regulations	Consultation completed in 2021. Likely gazettal early-mid 2022.
Amendments to Stock Exclusion regulations	Consultation completed in 2021. Likely gazettal early-mid 2022.
Amendments to the intensive winter grazing regulations (within the National Environmental Standards for Freshwater).	Consultation completed in 2021. Gazettal date uncertain. Changes will come in to force 1 May 2022.
Amendments to wetland provisions in the National Environmental Standard for Freshwater regulations (NESF) and NPSFM to amend definitions and provide a consenting pathway for urban development and infrastructure, waste management, and quarrying.	Consultation completed in 2021. Likely gazettal early 2022. Note: A recent High Court decision extends the reach of NESF wetland regulations to include wetlands in the Coastal Marine Area. Several regional councils have made requests to the Minister for the Environment to amend and clarify the text of the NESF. MfE is considering changes.
Amendments to the National Environmental Standards for Sources of Human Drinking Water 2007 (NES-DW)	Public consultation on discussion document 10 January - 6 March 2022. Likely gazettal mid-late 2022. https://consult.environment.govt.nz/freshwater/nes-drinking-water/

3.1 Proposed amendments to Human Drinking Water regulations

The Water Services Act 2021 was passed in October 2021 and comes into force on the earlier of either 4 October 2023, or at a date appointed by the Governor General. While the Act primarily affects water service providers, regional councils have several responsibilities including:

1. Drinking Water Source protection, through regional plans.

2. Providing drinking water suppliers with information about water quality and known risks/hazards.

3. Publishing information on source water quality and quantity in the region annually.

4. Assessing and publishing 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.

Amendments to the NES-DW are now proposed to strengthen and align national direction for protection and management of source water, including changes:

a. How at-risk source water areas are delineated.

b. How activities that pose risks to source water are regulated or managed.

c. Protecting all registered water supplies (which will include any party who supplies drinking water to 1 or more other parties).

The proposed changes to the NES-DW primarily affect regional councils. There are resourcing implications. Council will be required to map drinking water source protection areas, identify risks and hazards associated with water quality, and develop rules and methods to manage these risks. Changes will need to be included in the Regional Natural Resources Plan in 2024 as part of the EFPP.

Staff are now assessing the implications of the proposals, and developing draft submission points, in liaison with other regional councils and the district councils in this region. A draft submission will be shared with Councillors before lodgement.

4. Considerations

4.1 Risks and Mitigations

There are several risks for the EFPP as a whole, which have recently been reported to the Risk and Assurance Committee. The COVID-19 situation continues to pose challenges for external engagement and consultants work continuity.

There are some risks for Council associated with the proposed amendments to the NES-DW which will be identified and reported in more detail as a submission is developed.

4.2 Climate Change

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

4.3 Implications for Māori

As reported previously, freshwater is a taonga for tangata whenua. The NPSFM clearly sets out increased expectation of the active involvement of tangata whenua in freshwater management, and provision for cultural values and Mātauranga Māori. Council staff continue to invite and support iwi and hapū involvement to the extent they want to be involved, or have capacity to be involved.

4.4 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

Throughout this year, we will start to build and provide information for the public, deliver online engagement on vision and outcomes, and aim to develop community interest and readiness to engage on policy options that affect them in 2023.

A water quality reporting tool will be publicised shortly via Freshwater Flash. A demonstration for Councillors is being organised.

Staff will continue to be responsive to enquiries from community organisations and further workshops will be held with Freshwater Futures Community Groups for Rangitāiki, Kaituna and Waihī-Pongakawa.

4.4.1 Engaging on Long Term Visions for Freshwater

In January and February, iwi organisations were sent letters inviting their involvement in developing draft long term visions for freshwater. At the time of writing this report, four responses have been received requesting meetings on this.

In March/April 2022, an online survey will be launched on Participate Bay of Plenty seeking public input to the development of long-term visions for freshwater. This will be demonstrated to Councillors before it is launched.

4.5 Financial Implications

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

5. Next Steps

Next steps will include:

1. Developing and sharing a draft submission on proposed changes to the NES-DW with Councillors in February for feedback prior to lodging by 6 March 2022.

2. Presenting Participate Bay of Plenty Long-Term Vision for Freshwater engagement pages to the Committee in March prior to launch.

3. Preparing a Freshwater Flash newsletter to share updates and publicise the Water Quality reporting tool.

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