Agenda of Strategy and Policy Committee - Tuesday, 27 September 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	Public Excluded Strategy and Policy Committee Minutes - 18 August 2022	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
9.2	Plan Change 9 Appeal Process Update	Withholding the information is necessary to maintain legal professional privilege.	48(1)(a)(i) Section 7 (2)(g).	On the Chief Executive's approval.
9.3	Update on Plan Change 13 (Air Quality)	Withholding the information is necessary to maintain legal professional privilege.	48(1)(a)(i) Section 7 (2)(g).	To remain in public excluded.

Strategy and Policy Committee Minutes

18 August 2022

Strategy and Policy Committee

Open Minutes

Commencing: Thursday 18 August 2022, 9.30 am

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

Chairperson: Cr Paula Thompson

Deputy Chairperson: Cr Stuart Crosby

Members: Chairman Doug Leeder

Cr Jane Nees (via Zoom)

Cr Matemoana McDonald (via Zoom)

Cr Te Taru White

Cr Kevin Winters (via Zoom)

Cr Lyall Thurston (via Zoom)

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stacey Rose (via Zoom)

Cr Andrew von Dadelszen

In Attendance: Namouta Poutasi - General Manager Strategy and Science; Julie Bevan - Policy and Planning Manager; Stephen Lamb – Environmental Strategy Manager; Nic Newman – Principal Advisor; Penny Doorman – Programme Leader Geothermal; Freya Camburn – Senior Policy Analyst; Lorraine Cheyne – Transport & Urban Planning Manager; Lisa Power – Senior Planner; Stephanie Macdonald – Community Engagement Team Leader; Nicki Green – Principal Advisor, Policy and Planning, Kate Barnes – Communications Partner, Anaru Vercoe – Pou Whainga – Principal Advisor; Elsa Weir – Planner; Karen Parcell – Team Leader Kaiwhakatinana; Jane Palmer – Senior Planner Climate Change; Katri Harmoinen – Transport Planner; Dean Howie – Programme Manager Regional Economic Development; Jenny Teeuwen – Committee Advisor

Please note that the open session of the meeting was livestreamed and the recording is available on the Council YouTube channel via this link (144) Strategy & Policy Committee (part 1) 18 August 2022 - YouTube

Apologies: Cr Toi Kai Rākau Iti for absence, Cr Andrew von Dadelszen for lateness, Chairman Leeder for early departure

1. Opening Karakia

A karakia was provided by Cr Te Taru White. Cr White also acknowledged the passing of Sir Toby Curtis.

2. Apologies

Resolved

That the Strategy and Policy Committee:

1 Accepts the apologies from Cr Iti for absence, from Cr von Dadelszen for lateness, and from Chairman Leeder for early departure, tendered at the meeting.

Thompson/Bruning

CARRIED

3. Declaration of Conflicts of Interest

There were no none.

4. Minutes

Minutes to be Confirmed

4.1

Strategy and Policy Committee Minutes - 3 May 2022

Resolved

That the Strategy and Policy Committee:

1. Confirms the Strategy and Policy Committee Minutes - 3 May 2022 as a true and correct record.

Thompson/White

CARRIED

5. Reports

Strategy

5.1

Operating Environment

Presentation: National Adaptation Plan for responding to climate change risks: Objective ID A4183669

Presented by: Namouta Poutasi - General Manager Strategy and Science

Julie Bevan - Policy and Planning Manager

Nic Newman – Principal Advisor

Penny Doorman – Programme Leader Geothermal

Freya Camburn – Senior Policy Analyst

Key Points:

· The report covered following items:

- Plan Change 9 update

- Rotorua Geothermal System Management Plan

- National Adaptation Plan for responding to climate change risks

- Government reforms and change proposals

- Upcoming legislative and government policy changes and potential impacts

· National Adaptation Plan for responding to climate change risks:

- The plan had been put out by the Ministry for the Environment (MfE) with a rolling work programme over the next six years.

- Critical actions, funding actions, and central government guidance were outlined.

· Rotorua Geothermal System Management Plan:

- Two key issues had caused a slight delay in timeframes for releasing the System Management Plan (SMP); firstly, Te Arawa had indicated that they needed some time to come together and reach agreement about a preferred approach for the development of the SMP, and secondly, the desire from the community to have hard numbers and certainty around the availability of the geothermal resource for use and development.

9.49 am – Cr von Dadelszen entered the meeting.

In Response to Questions

· National Adaptation Plan for responding to climate change risks:

- The work programme would try to quantify what was needed and how it would be paid for. Projected costs suggested that New Zealand as a nation would not be able to afford it.

· Rotorua Geothermal System Management Plan:

- Science snapshot reports had already been made available to the community regarding the availability of the geothermal resource. Technical reports were also available on Regional Council’s website. To make the data more accessible, a series of short videos were being prepared on each of the key science work steams which would be available on the website and circulated to participants of the four hui held during May and June 2022. Public workshops would also be considered.

- Whilst there was strong support for protecting the mauri of the resource, there was also reluctance from some parties to accept that continually taking heat and fluid from the system endlessly would affect that.

Key Points - Members:

· National Adaptation Plan for responding to climate change risks:

- Concern was expressed at Regional Council’s ability to achieve the plan in the six year timeframe.

- Generally the local government sector supported the framework as a starting point.

- A sensible science based approach to where new homes were built was needed.

- There was a need to be more analytical when viewing these types of documents.

- To some extent, needed to let the buyer beware. The ratepayer should not have to foot the bill for these things.

- How current reforms were going to be managed going forward, particularly in terms of prioritisation, needed careful and considered planning.

· Geothermal System Management Plan:

- It was important that Te Arawa were on board with this and they had indicated strongly that they wanted to be involved, resolve the issues and move forward.

- Thanks were extended to staff for their continued work in this area.

Staff Action

· Circulate latest Department for Internal Affairs (DIA) Reform Diagram to councillors.

Resolved

That the Strategy and Policy Committee:

1. Receives the report, Operating Environment.

Thompson/Crosby

CARRIED

5.2

Whakatane Kawerau Spatial Plan Project

Presented by: Lorraine Cheyne – Transport & Urban Planning Manager

In Response to Questions

· It was anticipated that there would be ongoing conversations in terms of bringing Ōpōtiki into the spatial plan.

· A regional spatial plan was important to bring everything together. Staff were working to keep consistency at the regional level for sub-regional initiatives and would continue to work out the best way to piece the puzzle together.

Key Points - Members:

· The lack of spatial planning in the Eastern Bay of Plenty was having major social impacts.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Whakatāne Kawerau Spatial Plan Project.

Thompson/Crosby

CARRIED

Regulatory Policy

5.3

National Policy Statement for Indigenous Biodiversity (NPS-IB): Implications for Council

Presented by: Namouta Poutasi - General Manager Strategy and Science

Julie Bevan - Policy and Planning Manager

Lisa Power – Senior Planner

Key Points:

· The NPS-IB was expected to be gazetted in December 2022.

In Response to Questions

· NPS-IB timeframes had been extended so there was no immediate action required but staff would be looking at prioritisation within the work programme and there was a strong awareness of resource requirements and timeframes. Recommendations on how to move forward in this space would be brought back to the committee for consideration following gazettal (possibly released in December 2022).

· Identification of significant natural areas (SNA) was a responsibility for Territorial Local Authorities (TLA) under the NPS-IB; however, the exposure draft stated that if the TLAs requested assistance, regional councils must assist. Regional Council had sought clarification on this in their submission.

· Criteria for the identification of SNAs was similar to what had previously been used and was already in the region’s district plans.

Key Points - Members:

· It was important to understand what providing assistance to TLAs meant in terms of the demands that could be placed on Regional Council.

· Any work undertaken on developing a framework or strategy for indigenous biodiversity in the Bay of Plenty needed to be done in partnership with the Department of Conservation (DoC). Working closely with DoC was encouraged.

Resolved

That the Strategy and Policy Committee:

1. Receives the report, National Policy Statement for Indigenous Biodiversity: Implications for Council.

Thompson/Thurston

CARRIED

10.35 am - the meeting adjourned.

10.50 am – the meeting resumed.

5.4

Toi Moana Essential Freshwater Policy Programme Update: Communications and Engagement 2023

Presented by: Stephanie Macdonald – Community Engagement Team Leader

Nicki Green – Principal Advisor, Policy and Planning

Kate Barnes – Communications Partner

Anaru Vercoe – Pou Whainga – Principal Advisor

Key Points:

· Input and feedback on the working draft policy options was currently being sought from iwi and district councils, as well as from Rural and Environmental Sector Forum members.

· Upcoming national changes relating to freshwater were outlined.

· Attention was brought to a correction on Page 66 – Engagement on Freshwater Long-Term Visions - Tūhoe should show as being in the Kōhi constituency.

11.10am - the meeting adjourned, due to sound technical issues.

11.37am - the meeting resumed.

In Response to Questions

· There was a broad spectrum of understanding within the community and by key stakeholders regarding changes to freshwater policies. Communications would be tailored to ensure understanding across the board; where Regional Council was at in the process, what Regional Council would be doing moving forward, and how the community and stakeholders could be actively involved in the process.

Resolved

That the Strategy and Policy Committee:

1. Receives the report, Toi Moana Essential Freshwater Policy Programme Update: Communications and Engagement 2023

Thompson/Rose

CARRIED

Non-Regulatory Policy

5.5

Rotorua Air Quality Action Plan - Review and future policy

Presented by: Elsa Weir – Planner

Julie Bevan - Policy and Planning Manager

Karen Parcell – Team Leader Kaiwhakatinana

Key Points:

· The Rotorua Air Quality Action Plan set out a high level framework of actions needed to improve the air quality in Rotorua, and to meet the environmental standards for particle matter (PM₁₀).

· After 15 years, Rotorua was now meeting those national standards.

· A review assessing the effectiveness of the actions concluded that the action plan was now complete; however, national standards were now being amended with a proposed move to a limit of particle matter (PM_2.5). Monitoring indicated that the Airshed would not meet the proposed new standard. In terms of a policy response to this issue, working towards a new action plan was a good place to start.

In Response to Questions

· It had been difficult to quantify exactly how many people had been affected through health issues.

· The sale of coal was an ongoing issue.

· Staff would carry out preliminary work in readiness for when the new national standards were finally released.

· One of the key views shared by Māori was around fuel poverty and that the removal of wood burners had resulted in cold damp homes. Regional Council incentives had moved to taking a whole of house approach where a cold damp home was not the result, just for the sake of improving the air.

· The Airshed boundary had recently been expanded for growth areas and had been taken as wide as possible to try and future proof it.

Key Points - Members:

· The Chair paid tribute to and congratulated staff involved in this matter over many years – Karen Parcell, Marion Henton, Shane Iremonger, Max Mackay, Trish Peers-Adam and Elsa Weir.

· The need for prioritisation of resources was reiterated.

· Consideration and equity of involvement and engagement needed to be given to Māori who were disproportionally affected by this issue.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Rotorua Air Quality Action Plan - Review and future policy.

2 Approves the publication of the Rotorua Air Quality Action Plan review document on the Bay of Plenty Regional Council website.

3 Approves preliminary policy work to commence for a new Rotorua Air Quality Action Plan.

4 Requests staff maintain ongoing public engagement and communications.

Thompson/White

CARRIED

Other

5.6

Overview of the Emissions Reduction Plan - Implications for the Bay of Plenty Regional Council

Presentation: Overview of the Emissions Reduction Plan: Objective ID A4183670

Presented by: Jane Palmer – Senior Planner Climate Change

Katri Harmoinen – Transport Planner

Dean Howie - Programme Manager Regional Economic Development

Stephen Lamb – Environmental Strategy Manager

Nic Newman - Principal Advisor

Key Points:

· Attention was brought to the following corrections to the report in the agenda:

- Page 133 of the agenda, section 4.1.1, first paragraph, second sentence

- Page 137 of the agenda, section 4.4, first paragraph, second sentence

- Page 138 of the agenda, section 4.5, first paragraph, second sentence

In all three cases, ‘per year’ should be replaced with ‘over 2022-25’.

· Further corrections were also noted as follows:

- Page 176 of the agenda, first bullet point under manufacturing activities, fertiliser manufacture should read fertiliser bulk storage

- Page 176 of the agenda, second bullet point, diary product manufacturing also includes the Whakatāne district.

· The Emissions Reduction Plan (ERP) was very much a starting point and set out the first three carbon budgets – out to 2035. The plan itself focussed on the first emissions budget and would be one in a series of emissions reduction plans.

· The plan had an overall vision of ‘A productive, sustainable and inclusive economy’ with three overarching themes – empowering Māori, equitable transition and working with nature.

· Five sectors contributed 89% of the region’s emissions – manufacturing, construction, transport, agriculture, and waste services.

· Transport was a key focus for Regional Council and was also a main focus in the ERP. A transformational shift was expected in this space.

· ERP requirements were expected to flow through to Resource Management reforms but with the reforms still in draft, there was a lack of clarity around what this might look like.

· The ERP required that councils aligned their spending and investments with climate change objectives.

· Emission reductions would touch on all areas of council operations. The framework set by central government would enable local government to pay more attention and place more emphasis on this area.

11:59am - Cr Rose withdrew from the meeting.

12:08pm - Chairman Leeder withdrew from the meeting.

In Response to Questions

· Horticulture accounted for 40% of the agriculture GDP but only 10% of the agriculture emissions across the Bay of Plenty region.

· Regional Council actively continued to support Toi Kai Rawa.

· Regional Council had a Climate Change Programme led by Chris Ingle, General Manager Integrated Catchments and included key staff members from right across the organisation.

Key Points - Members:

· A list of actions that Regional Council would need to consider in terms of the direction from the Adaptation Plan and the Emissions Reduction Plan, was needed, that clearly identified what the Plans’ directions meant for Regional Council and how much it would cost.

· Concern was expressed about the comparison with other world economies in this space e.g. Britain and the United States. What occurred in larger world economies was not realistic for New Zealand and a touch of realism was required.

· Whilst it was important to understand the cost to Regional Council to carry out the work to reduce emissions and adapt to climate change, it was also important to understand what the cost would be if the work was not carried out.

Resolved

That the Strategy and Policy Committee:

1. Receives the report, Overview of the Emissions Reduction Plan – Implications for the Bay of Plenty Regional Council

Thompson/Nees

CARRIED

5.7

Overview of the Emissions Reduction Plan - Implications on the regional economy

Resolved

That the Strategy and Policy Committee:

1. Receives the report, Overview of the Emissions Reduction Plan – Implications on the regional economy

Thompson/von Dadelszen

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
1.1	Public Excluded Strategy and Policy Committee Minutes - 3 May 2022	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.

Thompson/Thurston

CARRIED

12.50 pm – the meeting closed.

Confirmed

Cr Paula Thompson

Chairperson, Strategy and Policy Committee



Report To:	Strategy and Policy Committee
Meeting Date:	27 September 2022
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science

Chairperson's Report

Executive Summary

The Chairperson’s report covers a summary of topical matters of potential interest including our changing operating environment, updates on Regional Policy Statements Change 5 (Kaituna River), Change 6 (National Policy Statement for Urban Development) and Regional Sector Briefing for Incoming Chair and Mayors.

Most importantly, this paper takes time to reflect on the 2019-2022 Triennium, identifying some key highlights achieved by the Strategy and Policy Committee during this period.

Key highlights include:

· Endorsed the strategic direction content for use in the Long Term Plan 2021-2031

· Adopted Plan Change 13 (Air Quality) to the Regional Natural Resources Plan

· Adopted Plan Change 10 (Lake Rotorua Nutrient Management) to the Regional Natural Resources Plan

· Adopted Plan Change 17 (Awatarariki Fanhead) to the Regional Natural Resources Plan

· Made the Regional Coastal Environment Plan operative

· Adopted Te Hononga a Māori relationships and engagement plan for the National Policy Statement for Freshwater Management work programme and provided direction on Freshwater Programme implementation

· Approved Draft Regional Policy Statement Proposed Change 6 (Kaituna River) approved for community and stakeholder engagement

· Approved the revised Climate Change Action Plan

· Extended the Rotorua Airshed Boundary

· Provided direction on the Sustainable Homes Scheme

· Adopted the SmartGrowth Leadership Group Agreement and associated Terms of Reference, and approved in principle the MOU between SmartGrowth partners and Central Government

· Regional Policy Statement Change 6 (NPSUD) approved for referral to Council for notification

This report then goes onto identify a number of key focus areas for future consideration including:

· Climate Change

· Partnerships with Māori

· Rise of the importance of data and information

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Chairperson's Report.

1. Purpose

The purpose of this report is to provide Strategy and Policy Committee members with a summary of topical matters of potential interest.

As the 2019-2022 Triennium draws to a close it is useful to reflect on some of the key highlights over that three year period.

The delegated functions of the Strategy and Policy Committee has been to inform strategic direction for the Council and implement through approved planning and policy frameworks. Further its role involves identifying regional issues resulting from emerging trends, providing thorough leadership on matters of regional significance, analysing implications and developing a strategic response.

2. Key Highlights

As we come to the end of the 2019-2022 Triennium, and reflect back on the period, where the COVID-19 pandemic provided an overarching background we acknowledge that throughout the Triennium the S&P Committee continued to function, both with a continuous meeting and workshop schedule and in delivering milestone achievements over this period. The following are key highlights over the Triennium:

Community Outcome & Impact Area	Key Highlights
A Healthy Environment	Pest Management · Approved Submission on National Policy Statement for Indigenous Biodiversity (18^th Feb 2020) · Authorised the development of an inter-regional marine pest pathway proposal under the Biosecurity Act 1993 in conjunction with project partners (5^th May 2020) Air Quality · Adopted Plan Change 13 (Air Quality) to the Regional Natural Resources Plan parts that are beyond appeal (3 Nov 2020) · Approved extending the Rotorua Airshed Boundary and approved the application for MfE to re-gazette the Rotorua Airshed following consultation with affected parties (16 Feb 2021) · Provided direction on Mount Maunganui Airshed including matters for inclusion in the draft provisions (16 Feb 2021) · Approved the publication of the Rotorua Air Quality Action Plan Review and approves preliminary policy work to commence a new plan (18 August 2022) Strategic Direction · Approved the process to determine Council’s Strategic Direction (18 Feb 2020) · Endorsed the strategic direction content for use in the Long Term Plan 2021-2031 (25 June 2020) Waste · Agrees to enhanced roles in integrated waste management (18 Feb 2020) Coastal · Agrees that the Matakana provisions for the Regional Coastal Environment Plan be made operative on 18 May 2021 and the Motiti provisions are made operative on 11 August 2021 (4 May 2021) Natural Resources · Endorsed the high level RPS and RNRP structures for further progressing compliances with the National Planning Standards and agreed in principle to align the timing to give effect to the first RPS for the RPS and RNRP with notification of changes to implement the NPSFM in July 2024 (4 May 2021) Recommendations by Komiti Māori · Adopts recommendations from Komiti Māori to amend Council’s existing policy to fly the National Māori flag at Toi Moana Regional Council every day in accordance with the NZ Ministry of Culture and Heritage national guidelines and protocols (4 August 2021) Environmental Grants · Approved the changes to the Environmental Programmes Grants Policy (4 Aug 2021) Volunteers and Community Groups · Approved supporting environmental volunteers and care groups activities and methods following options arising from the LTP 2021-31 deliberations (4 August 2021) · Established a working group of interested Councillors to further progress and refine the Community Impact Network Action Plan (27 Oct 2021)
Freshwater for Life	Essential Freshwater Policy Programme · Approves Te Hononga a Māori relationships and engagement plan for the NPSFM work programme (18 June 2020) · Provided direction on connecting the Freshwater Programme implementation to Long Term Plan funding. Noting change to the RNRP. Agreed to alignment of RPS Water and Land Chapter changes to the Freshwater Planning processes and endorsing staff to work in partnership with tangata whenua in freshwater policy development consistent with Te Hononga Principles (3 November 2020) · Agreement that the On-site Effluent Treatment Plan Change will be integrated into the Essential Freshwater Policy Programme (4 May 2021) · Endorses key messages in promoting good management practices (4 August 2021) · Despite the impact of COVID – 19 continue with Council’s intended timeframe of July 2024 for notifying proposed changes to the RPS and RNRP with the option to review the timeframe if critical issues arise (27 Oct 2021) Regional Natural Resources Plan Change 10 (Lake Rotorua Nutrient Management) · Approval of Plan Change 10 (Lake Rotorua Nutrient Management) and disestablishment of the PC10 appeals subcommittee (4 May 2021) Regional Policy Statement Proposed Change 5 (Kaituna River) · Approved for community and stakeholder engagement 11 August 2020 · Requested the Chief Freshwater Commissioner establish a 3 person Freshwater Hearings Panel, confirmed Council nominees as Councillor Iti and Councillor von Dadelszen and approves the process for inviting Tangata Whenua nominations(4 May 2021) Regional Natural Resources Plan Proposed Plan Change 9 (Region-wide Water Quantity) · Withdrew Proposed Plan Change 9 given fundamental difference of opinion on key issues which were unlikely to be resolved until after the NPSFW is gazetted. Acknowledging future processes following the gazettal of the NPSFM will enable better integration of water quality and quantity and provide greater clarity on Te Mana o Te Wai, which was a key issue in the appeals (18^th Feb 2020). Water Shortage · Approved the revised Standard Operating Procedure which has been developed to manage and respond to water shortage events in the Bay of Plenty (4 August 2021)
Safe and Resilient Communities	Climate Change Action Plan · Approved the proposed approach to reset the Climate Change Action Plan (11 August 2020) · Approved the revised Climate Change Action plan (4 August 2021) Transition to Lower Emissions and Energy Efficiency · Provided feedback on Transitioning to Lower Emissions and Energy Efficiency (11 August 2020) · Provided advice to staff on the design of the scheme and the importance being placed on cost-neutrality/financial return relative to social and environmental impact (3 Nov 2020) · Agreed with the intervention logic and proposed objectives for the Bay of Plenty Sustainable Home Scheme (4 August 2021) · Agreed for the grant component of Sustainable Homes scheme to cover heating and insulation costs not covered by Warmer Kiwi Homes (7 Oct 2021) Natural Hazards · Approved all provisions of Proposed Plan Change 17 (Awatarariki Fanhead) to the Regional Natural Resources Plan (16 Feb 2021)
A Vibrant Region	Urban Growth · Adopted the SmartGrowth Leadership Group Agreement and associated Terms of Reference, and approved in principle the MOU between SmartGrowth partners and Central Government (5 May 2020) Regional Policy Statement Change 6 (NPSUD) · Agreed that Change 6 will use the Schedule 1 process under the RMA (rescinding previous resolutions to use the stream lined planning process), to ensure notification meets NPSUD timeframe requirements and acknowledging further information from MfE. With referral to Council for adoption and public notification (3 May 2022) · Approves the content sets and timeframes for inclusion of Housing Bottom Lines in the Regional Policy Statement (27 Oct 2021) Economic Recovery · Confirms recovery project key direction (18 June 2020)

Note highlights exclude confidential matters and reports for information such as Bay of Connection Updates, Eastern Bay Spatial Planning Updates, Lake Water Quality Reporting, and analysis of recent government direction e.g. NPSIB.

We also note presenters such as Bill Bayfield, Taumata Arowai 3 Nov 2020.

3. General Updates

3.1.1 Government Reforms and Change Proposals

A large number of reforms are occurring which impact on Regional Councils activities, in particular the Resource Management Reform. We understand the intention is to introduce both the Natural and Built Environment Act and the Spatial Planning Act into Parliament in the fourth quarter of 2022. A summarised table of the reforms timing and implications is included as Appendix 1.

3.1.2 Regional Policy Statement Proposed Change 5 (Kaituna River)

The hearing on Proposed Change 5 (Kaituna River) to the Regional Policy Statement is scheduled to take place on Tuesday 11 October and, if necessary, Wednesday 12 October. On Thursday 13 October the Hearing Panel will site visit the key areas within the Kaituna Catchment. The proposed change is being progressed in order to recognise and provide for Kaituna He Taonga Tuku Iho – A Treasure Handed Down (The Kaituna River Document) as required under the Tapuika Claims Settlement Act 2014. As it relates to freshwater, it will go through the new Freshwater Planning Process. The Freshwater Hearings Panel is Antoine Coffin (Chair), Commissioner Andrew von Dadelszen, and Commissioner Rawiri Faulkner.

3.1.3 Regional Policy Statement Proposed Change 6 (NPS-UD)

Proposed Change 6 (NPSUD) to the Regional Policy Statement was notified on 9 August. The consultation period closed on 6 September and resulted in 36 submissions. Staff are currently reviewing submissions and a date for further submissions will be notified in due course.

3.1.4 Regional Sector BIC

The Regional Sector have produced a draft Briefing to Incoming Chairs and Mayors. The briefing provides background about the Regional Sector, the 16 Regional Councils and Unitary Authorities, an overview of what we do, and highlights the value of working together. The document explains how we do this through the Regional Sector Group, which is part of Local Government New Zealand and delivered through Te Uru Kahika and its Business Plan. Values, mission and purpose are covered along with a strategic framework. The document notes the following strategic opportunities and challenges:

· Climate Change

· Resource Management Reform

· Freshwater reform

· Transport

· Working with Iwi and hapū

· Natural resources data, monitoring reporting

· River management and flood control

· Regional Sector Resourcing, Capacity and Capability

4. Strategic Direction

Council have identified three key strategic positions in relation to its operating environment. The vision’s for each are:

· Climate Change – Bay of Plenty Regional Council strengthens the long-term resilience and sustainability of the Bay of Plenty region through climate change action and awareness

· Partnerships with Māori – Enhance delivery and shared decision making towards improved equity and prosperity for an inclusive and sustainable regional future

· Community Participation – More action through greater community involvement, awareness and leadership

The operating environment for local government is complex given the extent of government reform impacting local government.

It will be up to the new Council to critically consider the operating environment which it will be operating during the next triennium and consider its key strategic positions including the current impact areas.

Attachments

Attachment 1 - Summary of Key Upcoming Legislative Changes ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	27 September 2022
Report Writer:	Nicola Green, Principal Advisor, Policy & Planning
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science Julie Bevan, Policy & Planning Manager
Purpose:	To update the Strategy and Policy Committee on Essential Freshwater Policy Programme implementation progress.

Essential Freshwater Policy Programme Update

Executive Summary

The Essential Freshwater Policy Programme (EFPP) to implement the National Policy Statement for Freshwater Management 2020 is progressing according to the agreed plan, including communications and engagement. Some aspects of the EFPP work are behind schedule and there are some substantial risks and issues that are, or may in future, affect our ability to deliver or the quality of deliverables.

Staff are progressing tangata whenua and some targeted stakeholder engagement on working draft policy options for region wide chapters of the Regional Policy Statement and Regional Natural Resources Plan that have been reviewed. Work on water quality and quantity target and limit setting options for Freshwater Management Units is still in development, and staff still aim to have draft policy options ready for public engagement in 2023 as planned. There are likely to be some gaps.

Planning for extensive stakeholder and public engagement in 2023 has started, and this will be discussed at the meeting.

Three national regulatory documents relating to freshwater are still pending (delayed) and these will interface with the EFPP. A cabinet paper relating to progressing national Freshwater Farm Plan regulations was indicated to be considered by Cabinet in August and is due to be publicly released now. Staff hope to be able to provide an update on content at the Committee meeting.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Essential Freshwater Policy Programme Update.

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 an update on implementation progress, and on pending changes to national regulations relating to freshwater management.

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 also section 80A(4) requires Council to notify RPS and RNRP changes that fully implement the NPSFM by 31 December 2024. The RMA and Local Government Act 2002 set out consultation requirements, and the NPSFM also provides direction to involve tangata whenua and the community. Regional plan rules must align with relevant national regulations, some of which are pending in the next 6 months.

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.

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

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

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 use robust information, science and technology.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Negative

þ Social

þ Economic

2. Programme implementation update

The EFPP continues to be implemented according to the agreed programme plan. This year, the focus is primarily on draft policy options development, and continuing to involve tangata whenua. An extensive public engagement period will occur in 2023.

3. Pending changes to national regulations for freshwater

Table 1 outlines upcoming national regulatory changes specifically relating to freshwater management and affecting this work programme. All of these changes are likely to occur just as our public engagement on draft policy options for the RPS and RNRP initiate, and this will require extra communications and policy response work, which cannot be fully planned until the final text of the amendments is released.

Staff hope to have received further information about Freshwater Farm Plan regulations in time to give a verbal update that the Strategy and Policy Committee meeting.

Table 1: Upcoming national changes relating to freshwater

Instrument/change	Release Dates
Freshwater Farm Plan regulations	Staff expected to have received a copy of the Cabinet Paper relating to these regulations by now. Regulation drafting instructions are being prepared by MfE. Gazettal likely in early 2023. Regional sector is participating in several workstreams, but still unclear as to detail.
Amendments to wetland provisions in the National Environmental Standard for Freshwater regulations (NESF) and NPSFM.	A further period of engagement about the inclusion of coastal wetlands has now closed. The regional sector delivered a submission. Likely gazettal late 2022.
Amendments to the National Environmental Standards for Sources of Human Drinking Water 2007 (NES-DW)	Public consultation closed 6 March 2022. Likely gazettal unknown (originally stated as mid-late 2022).

4. Considerations

4.1 Risks and Mitigations

There are several risks and issues for the EFPP as a whole, which were reported to Strategy and Policy Committee in May 2022. An updated table of the most substantial risks is attached (Attachment 1).

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.

A tangata whenua engagement progress update was provided in the August 2022 Strategy and Policy meeting agenda report.

4.4 Community Engagement

Iwi, district councils and Rural and Environmental Sector Organisation Forum member organisations were invited to provide feedback on early draft policy change options for region wide chapters of the RPS (Water Quantity, and Water Quality and Land Use only) and the RNRP (freshwater related chapters). Some feedback is starting to trickle in, and staff will consider this so as to develop more robust and comprehensive assessment of policy issues and options in time for public engagement in 2023.

Staff are starting to prepare for public engagement throughout 2023.

4.5 Financial Implications

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

5. Next Steps

1. Continue to invite and support involvement of tangata whenua in draft policy options for region-wide chapters, and in the preparation of draft long term vision for freshwater and environmental outcomes.

2. Continue to support various iwi led projects to advance their input and advice into this work programme.

3. Continue to progress key policy workstreams at pace, including surface water quantity, groundwater quantity, and water quality and ecosystem health in Freshwater Management Units.

4. Develop the Communications and Engagement Plan for 2023.

5. Brief the new Council about the EFPP in November 2022.

Attachments

Attachment 1 - Essential Freshwater Policy Programme: Key Risks ⇩

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