Strategy and Policy Committee Agenda

NOTICE IS GIVEN that the next meeting of the Strategy and Policy Committee will be held in Council Chambers, Ground Floor, Regional House, 1 Elizabeth Street, Tauranga on:

Tuesday 14 February 2023 COMMENCING AT 9.30 am

This meeting will be livestreamed and recorded.

The Public section of this meeting will be livestreamed and 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. Bay of Plenty Regional Council - YouTube

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

3 February 2023

 


 

Strategy and Policy Committee

Membership

Chairperson

Cr Paula Thompson

Deputy Chairperson

Cr Kat Macmillan

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 and climate change 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 Māori 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, JOURNEY TOGETHER.


Strategy and Policy Committee                                                                          14 February 2023

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.       Presentations

7.1       Presentation - Bay Conservation Alliance

Presented by: Julian Fitter and Michelle Elborn

7.2       Presentation - EnviroHub BOP

Presented by: Mary Dillon and Laura Wragg

7.3       Presentation - Sustainable BOP

Presented by: Glen Crowther

8.       Reports

Strategy

8.1       Bay of Plenty Aquaculture Group – A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty                                                                                  2

Attachment 1 - A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty                                        2

8.2       Operating Environment                                                    2

Attachment 1 - Strategy and Policy Committee Tentative Regulatory Work Programme                                               2

8.3       Climate Change Update                                                   2

Regulatory Policy

8.4       Essential Freshwater Policy Programme                       2

Attachment 1 - DRAFT engagement activities for Essential Freshwater Policy Programme 2023                                      2

8.5       Update on Proposed Change 6: National Policy Statement - Urban Development (NPS-UD) to the Bay of Plenty Regional Policy Statement                             2

Attachment 1 - Summary of submissions                               2

Attachment 2 - Summary of Potential Commissioners            2

9.       Consideration of Items not on the Agenda


 

 

 

Report To:

Strategy and Policy Committee

Meeting Date:

14 February 2023

Report Writer:

Dean Howie, Programme Manager - Regional Economic Development

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

To present the report ‘A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty’ to Councillors

 

 

Bay of Plenty Aquaculture Group – A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty

 

Executive Summary

The Bay of Plenty Aquaculture Group (BOPAG) commenced a strategy development programme to provide practical and useful guidance for the organisation’s future. The first piece of this work is a stocktake of aquaculture-related initiatives and strategies in the Bay of Plenty across a range of stakeholders, including industry, iwi, councils, Government, and research and education providers. The stocktake report highlights several future focus areas that have helped inform BOPAG’s forward work programme.

The stocktake report was funded by Bay of Plenty Regional Council and Toi EDA.

 

Recommendations

That the Strategy and Policy Committee:

1       Receives the report, Bay of Plenty Aquaculture Group – A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty.

 

1.         Introduction

The Bay of Plenty Aquaculture Strategy, launched in 2009, was the first Bay of Connections (BOC) sector strategy to be developed, and was also a New Zealand first. The Regional Aquaculture Organisation (RAO) was established the same year to oversee the actions. The strategy was updated periodically, with the final update published in 2018 outlining focus areas for the subsequent three years.

The review of the form and function of the Bay of Connections during 2018-19 resulted in BOC moving away from sector-based strategies. In 2020, RAO members made the decision to establish an industry-funded and governed membership organisation to continue the work of the RAO.

The Bay of Plenty Aquaculture Group, with its broad membership including mussel farmers, iwi, tertiary providers, local and central government, economic development agencies and supporting industry, aims to act as a pipeline for ideas, actions, and networking in the region’s aquaculture industry.

In April 2022 the Group commissioned Aquaculture Direct Limited to carry out a review of all current work programmes, commercial activities and associated strategies across the Bay of Plenty and prepare a report collating what is planned in the short, medium and long term.

A recurring theme throughout the collected strategies is ‘wellbeing through aquaculture’.

Members of the Group’s management committee are presenting the report to Councillors, as joint funders of the work and to thank Regional Council which had the foresight to establish and fund (via the Bay of Connections) the Regional Aquaculture Organisation and has become a Platinum member of the new Group.

1.1       Alignment with Strategic Framework

 

A Healthy Environment

Freshwater for Life

Safe and Resilient Communities

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

We look to partnerships for best outcomes.

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

Low - Positive

þ Economic

Low - Positive

 

2.         A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty

The recently established Bay of Plenty Aquaculture Group (BOPAG) commenced a strategy development programme to provide practical and useful guidance for the future. The first phase of this work was to undertake a review of aquaculture strategies to identify key focus areas, gaps and/or overlaps in the current programmes and strategies, and any new/current initiatives that stakeholders have identified but which are not contained within the existing strategies.

The report “A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty” (attached as a supporting document) was completed in October 2022 and shared with BOPAG members at the organisation’s inaugural AGM that same month.

2.1.1    Areas of focus

The guiding principle for aquaculture development in the region is to achieve wellbeing for iwi/Māori, the community, and the environment. This includes a well-trained and engaged workforce.

This will be achieved through developments in marine-based aquaculture, land-based aquaculture, and land-based infrastructure. These activities will be underpinned by strategic and collaborative research and technology.

A visual representation of planned future development has been created with snapshots of development in the region now (2022), in the short term (2025), the medium term (2035) and beyond (2050) - see Appendix 3, pages 59-62 of the stocktake report. As the timeframes extend there is less certainty about which of those initiatives may come to fruition however the spatial planning snapshots are helpful to understand where current aspirations might lead.

·    Marine-based aquaculture – A key building block of the future. Investment in technologies and infrastructure will not make sense unless the water space can be consented and can viably grow product.

·    Land-based aquaculture – Required to support the marine space, such as hatcheries and nurseries. There may be additional private commercial interest in developing land-based aquaculture in the region, the level of interest outside the existing strategies is currently unknown.

·    Land-based infrastructure – Marine and land-based spatial planning is important to provide a full picture of required infrastructure and provide a guide for future investment. Early signals about the kinds of infrastructure planned are particularly important to factor in lead times for labour and raw materials.

·    Research and technology – The region is well placed to become a research and development centre for aquaculture and is currently supported by the University of Waikato and Toi Ohomai | Te Pūkenga research programmes. Three separate research and education hubs are proposed within the existing strategies, engagement between these stakeholders is essential to ensure the hubs complement each other and avoid duplication.

·    Workforce Development – A primary driver for the support of aquaculture in the region, the planned developments will create employment opportunities in local communities. Signals from industry and iwi about the future format of the region’s industry will provide important context to the development of vocational training programmes and tertiary education provision.

·    Alignment with the Government Strategy - Government has a comprehensive multi-agency programme to enable aquaculture to develop into a sustainable, productive, inclusive, resilient industry that supports the range of well-beings. The Ministry for Primary Industries and Kānoa – Regional Economic Development & Investment Unit are in the process of formulating an ‘acceleration plan’ for aquaculture. Clear signals about priority projects for the region, which demonstrate collaboration, will enhance the case for investment.

2.1.2    Forward work programme

The Bay of Plenty Aquaculture Group’s management committee has considered the recommended next steps from the stocktake report and feedback from members at the organisation’s AGM to determine the Group’s work programme for the coming year.

·    Develop a strategy for aquaculture in the region that ties the multiple threads together, outlines priorities and demonstrates alignment with central Government strategy.

·    Spatial Planning – The Group is keen to contribute to regional spatial planning discussions and has shared the spatial planning components of the stocktake report with relevant Regional Council staff to raise visibility of planned developments and the possible impact on supporting infrastructure requirements, such as transport links and housing for the anticipated workforce.

·    Workforce Development - The Group has initiated a discussion with the Bay of Plenty Regional Skills Leadership Group (RSLG) to understand how it can best work with that group and other relevant agencies to garner support for workforce development initiatives and have those included in the RSLG’s reporting to Ministers and annual Regional Workforce Plan.

·    Research centres of excellence – The Group will facilitate a conversation between the respective parties to identify areas of alignment and/or how the parties will work together for the collective benefit of the region’s aquaculture industry.

·   Serve as the ‘Connectivity hub’ to encourage collaboration and communication between members, supporting stakeholders and other interested parties, including central Government agencies.

3.         Considerations

3.1       Risks and Mitigations

The Bay of Plenty Aquaculture Group is dependent on the financial support of its members and other funders for operations and the delivery of projects such as the stocktake report. Demonstrating the value of membership to current members and growing the membership base will mitigate risks to operational funding and allow the organisation to continue is key role as a facilitator of cooperation and connection.

3.2       Climate Change

The potential impacts of climate change on the burgeoning regional aquaculture industry are recognised by all stakeholders, and this will be an important consideration within the Bay of Plenty Aquaculture Group’s forward work programme.

Low emissions transport options and energy efficient processes will be necessary to mitigate potential emissions increases resulting from future development.

Research is critical to understand the impact of the changing climate on the marine environment, and to future-proof existing operations and planned developments.

3.3       Implications for Māori

As outlined in the Stocktake of Strategic Aquaculture Opportunities report, future aquaculture development in the region will be predominately iwi led. Although future development is highly dependent on the resolution of outstanding iwi aquaculture and Treaty settlements and the significant investment required to realise these opportunities, the potential to deliver positive economic and social outcomes for Māori is considerable.

3.4       Community Engagement

 

Engagement with the community is not required as this report is for information only.

 

3.5       Financial Implications

There are no material unbudgeted financial implications associated with the stocktake report itself and this fits within the allocated budget.

Funding for future projects and/or work programmes resulting from the stocktake report will be sought from a range of stakeholders, including central Government. Any material funding requests from the Group to Bay of Plenty Regional Council will be directed through the Long Term Plan 2024-2034 funding process.

4.         Next Steps

The Bay of Plenty Aquaculture Group management committee and members will progress the work programme outlined above to support the continued growth of the region’s aquaculture industry. Integral to this is communication and cooperation with relevant central government agencies and local authorities.

The Group and its members will continue working closely with Regional Council staff across multiple teams and functions, including Science, Biosecurity, Coastal Planning and Policy, and Regional Economic Development.

 

Attachments

Attachment 1 - A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty  

 


Strategy and Policy Committee                                                             14 February 2023

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Report To:

Strategy and Policy Committee

Meeting Date:

14 February 2023

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:

·          Resource Management Reforms Update

·          Government Reforms and Change Proposals

·          National Policy Statement for Highly Productive Land

·          Strategy and Policy Committee Work Programme

 

Recommendations

That the Strategy and Policy Committee:

1       Receives the report, Operating Environment;

2       Endorses in principle the Strategy and Policy work programme 2023.

 

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 2023 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 air, land, water and geothermal resources, achieving integrated management and improving environmental quality in the Bay of Plenty Region.

2.         Operating Environment

2.1       Resource Management Reforms Update

The two new Bills, the Spatial Planning Bill (SP Bill) and the Natural and Built Environments Bill (NBE Bill) were introduced into Parliament on 15 November 2022.  Submissions close in February 2023 and then Parliament’s Environment Committee will review the submissions and consider the two bills.

It is expected that a Bill for the Climate Adaptation Act (CAA) will be introduced to Parliament in 2023.  

In the new resource management system, the National Planning Framework (NPF) will carry through into a single integrated framework, the existing national direction in National Policy Statements (NPS), National Environmental Standards, the National Planning Standards and some section 360 regulations under the RMA.  It will be one of central government’s primary ways to influence and direct the resource management system.

The first NPF is the initial step to deliver national direction for the new resource management system. This will be in place by 2025, in time to inform the development of the first RSS. Particular regard must be given to maintaining consistency with the policy intent of the existing RMA national direction that is being consolidated into the first NPF.

Included in this Strategy and Policy Committee Agenda is the Bay of Plenty Regional Council submissions to the NBE Bill and SP Bill Report for confirmation of submission lodgement.

2.2       Government Reforms and Change Proposals

2.2.1    Pricing Agriculture Emissions

In December 2022 the Climate Change and Agriculture Ministers published a report outlining a system to put a price on emissions from agricultural activities as an alternative to the New Zealand Emissions Trading Scheme as required by s.215 of the Climate Change Response Act. The proposed pricing system is based on the farm-level split-gas levy designed by key representatives of the agriculture sector and the Federation of Māori Authorities as part of He Waka Eke Noa – Primary Sector Climate Action Partnership. The system has been informed by consultation and engagement with Māori, the agriculture sector and public submissions.

Final decisions on agricultural emissions pricing will be made by Cabinet in early 2023 with the aim to introduce legislation by the middle of the year.

The Essential Freshwater Policy Programme report in this Strategy and Policy Committee Agenda outlines possible implications for freshwater management.

2.2.2    Amendments to freshwater regulations

Changes were made to the National Policy Statement for Freshwater Management 2020 (NPS-FM), Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) and Resource Management (Stock Exclusion) Regulations 2020 (Stock Exclusion Regulations) on 8 December 2022 and came into effect on 5 January 2023.

In summary, the changes:

·      amend the NPS-FM and NES-F to:

§ clarify the definition of a natural wetland

§ provide consent pathways for certain activities

§ make restoration and wetland maintenance easier to undertake

§ improve the clarity of policies, reduce the complexity of drafting and, in some cases correct errors.

·      amend the NES-F so its wetland provisions no longer apply to wetlands in the coastal marine area as follows:

§ wetlands in the coastal marine area will continue to be protected by New Zealand Coastal Policy Statement, regional coastal plans

§ wetlands in the coastal environment, but inland from the coastal marine area, will remain subject to the NES-F.

·      revise the low slope map for stock exclusion to address some inaccuracies and better capture land that was intended to be included.

The amendments include a special additional clause enabling, for the next 5 years, a consenting pathway for urban development in the Bay of Plenty that has not been identified in operative provisions of a regional or district plan, but which is identified as planned urban growth area in Smart Growth Urban Form and Transport Initiative Connected Centres Programme. 

Further detail, implications and implementation requirements to give effect to the amendments to freshwater regulations are explained in the Essential Freshwater Policy Programme Report in this Committee Agenda.

2.3       National Policy Statement for Highly Productive Land

The National Policy Statement Highly Productive Land (NPS-HPL) was published on 20 September 2022 and come into effect on 17 October 2022. 

The policy direction is to improve the way highly productive land is managed under the Resource Management Act 1991 (RMA). The purpose of the policy is to direct new housing development away from highly productive land where possible.

The NPS-HPL objectives, policies and implementation clauses have immediate legal effect. Councils must take relevant provisions into account when considering resource consent applications and applications for plan changes which affect HPL.

Under the NPS-HPL Toi Moana are required to identify highly productive land in the region and map it in the Regional Policy Statement within 3 years using the RMA Schedule 1 process. This must be done in collaboration with the region’s territorial authorities.  Councils are required to involve tangata whenua when implementing the NPS-HPL.  The NPS-HPL also has special provisions relating to specified Māori land.

Once the mapping has been incorporated into the RPS territorial authorities need to include the same maps in their district plans within 6 months and must do so without using the Schedule 1 process.

The NPS-HPL provides mandatory requirements for territorial authorities to insert objectives, policies and rules to manage subdivision, use and development of this non-renewable resource into the district plan (using the Schedule 1 process).  The provisions must be inserted no later than two years after the maps in the RPS become operative.

Collaboration meetings to develop a Draft NPS-HPL Delivery Policy Programme have commenced with the Bay of Plenty territorial authorities. An update on progress to implement this NPS-HPL will be provided at a future Strategy and Policy Committee meeting including:

·      Feedback from TA’s re timelines and agreement on how we work together etc.

·      Engagement/consultation with tangata whenua programme is developed.

·      Consideration of the new (yet to be received) NPS IB requirements.

2.4       Strategy and Policy Committee Tentative Regulatory Work Programme

The tentative regulatory work programme for the Strategy and Policy Committee Meetings and Workshops for 2023 are set out in Attachment One. 

The listed items relate to regulatory matters but other matters such as updates on Bay of Connections work will also be included in the Agenda reports for Strategy and Policy Committee Meetings.

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 future 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 this Committee Agenda includes an update on Climate Change. Climate Change is a key matter that will be considered in the policy development, implementation 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, and any future RPS Changes and Plan Changes all involve consideration of implications for Māori, engagement and consideration of iwi planning documents.

3.4       Community Engagement

The RMA processes, and any future RPS Changes and Plan Changes 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

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.

 

Attachments

Attachment 1 -  Strategy and Policy Committee Tentative Regulatory Work Programme

 


Strategy and Policy Committee                                                             14 February 2023

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Report To:

Strategy and Policy Committee

Meeting Date:

14 February 2023

Report Writer:

Jane Palmer, Senior Planner Climate Change; Nic Newman, Climate Change Programme Manager and Kate Barnes, Communications Partner

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To recap our climate change initiatives, to receive guidance on a new climate change scholarship, and advise on the Future Fit pilot

 

 

Climate Change Update

 

Executive Summary

This report provides a brief recap of national, regional and local climate change activities and introduces three new initiatives in the Climate Change Programme.

The Climate Change Programme will be offering a scholarship to students enrolled in the new Climate Change degree at the University of Waikato. Councillor guidance is sought on the conditions supporting this scholarship.

The Bay of Plenty regional pilot of the Future Fit tool is due to commence in February 2023.  This tool provides a mechanism to measure and manage personal or household emissions. Ultimately, despite sector initiatives to reduce emissions, it is the individual choices of households and individuals that will drive change.  A demonstration of the tool will be provided to the committee and guidance is sought on how Councillors themselves would like to be involved in promotion of the tool.  

The Regional Energy Transition Accelerator Programme, focused on medium and large energy users and run by EECA, will kick off in the Bay of Plenty this year partnering with Bay of Connections.

 

Recommendations

That the Strategy and Policy Committee:

1     Receives the report, Climate Change Update.

 

1.         Introduction

To set the scene for the coming year, this report provides an overview of current national, regional and local climate change activities, along with an introduction to new programme initiatives. Councillor guidance is sought on these new initiatives. 

Progress on Council’s Climate Change Programme is reported quarterly to the Monitoring and Operations Committee. Emerging and Strategic initiatives and direction will be brought to the Strategy and Policy Committee.

1.1       Legislative Framework

New Zealand’s response to climate change at a national level is framed by the Climate Change Response (Zero Carbon) Amendment Act 2019, which covers both mitigation (reducing greenhouse gas emissions) and adaptation (building resilience and managing the impacts of climate change). Under this Act, the Government has released its first National Emissions Reduction Plan (May 2022) and emissions budgets and its first National Adaptation Plan (August 2022).

1.2       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.

Safe and Resilient Communities

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

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

We look to partnerships for best outcomes.

Climate Change is identified as one of the Council’s strategic challenges and is one of Council’s three impact areas. 

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

Medium - Positive

 

Climate change is an environmental, social, cultural and economic issue which has wide ranging effects on many aspects of society. 

2.         Climate change initiatives and activity

2.1       National

2.1.1    National Plans under Climate Change Response Act 2002

Central Government recently published an Emissions Reduction Plan (ERP) and a National Adaptation Plan (NAP), both of which are requirements under the Climate Change Response Act 2002 (CCRA).

The ERP, released in May 2022, sets out the country’s first three carbon budgets to 2035 and presents various strategies to meet the first national emissions budget for the period 2022-2025 of 290 Metric tons of carbon dioxide equivalent (MtCO2e); a 4% reduction over the current emissions trajectory. The key sectors of focus are transport, energy, industry, building and construction, agriculture and waste.

The NAP is Central Government’s response to the first national climate risk assessment. The plan was released in August 2022. It takes the form of a six-year work programme with four priorities:  enabling better risk-informed decisions, driving climate-resilient development in the right places, laying the foundations for a range of adaptation options including managed retreat, and embedding climate resilience across Government policy. Clarity on key questions such as roles and responsibilities and who pays for adaptation interventions will emerge from several workstreams in the plan

Under the Resource Management Amendment Act 2020, local government must have regard to the NAP and ERP when making and amending regional policy statements, regional plans, and district plans. This is essentially a stop-gap until the new resource management legislation comes into effect. The Ministry for the Environment have published a guidance note around what the ‘have regard to’ provision means in practice.

2.1.2    Resource Management reforms

The new Acts planned under the resource management reforms are identified in both the ERP and NAP as key mechanisms to embed emissions reductions and climate adaptation:

·      The Spatial Planning Act (SPA) and Natural and Built Environment Act (NBA) are due to be passed during 2023. Under the SPA, it is expected that Regional Spatial Strategies would identify areas at risk due to climate hazards (where intervention is necessary) and ‘safe’ areas for development, while Natural and Built Environment Plans (under the NBA) could contain the provisions to manage retreat – once managed retreat had been identified through an adaptive planning process. 

·      The National Planning Framework will provide direction for Councils on how to meet the climate outcomes, including greenhouse gas emissions reductions (and the removal of greenhouse gas emissions), in the Natural and Built Environment Act. The draft framework will be released after the SPA and NBA are passed.

·      The Climate Adaptation Act (CAA) is one of the major tools to provide clarity on issues relating to adaptation. It is expected to resolve critical technical, legal, and financial issues associated with managed retreat. The legislation is proposed to be introduced to the house in 2023.

2.1.3    Other activity

·      An interim update to the 2017 Coastal Hazards and Climate Change guidance was published in August 2022, to include the latest information from IPCC and the NZSeaRise project, with a full update to be published in 2023.

·      The Future for Local Government Review is looking at what local government does around climate adaptation and how it pays for it, specifically when local authority funding obligations should be shared across local government or with other partners, including central government.

·      In December 2022, the Government published a report on the Government’s proposed system for pricing agricultural emissions. The pricing system could have implications for freshwater management (see the Essential Freshwater paper). Final decisions on the system will be made by Cabinet in early 2023.

·      Mandatory climate disclosures: The mandatory reporting regime for financial institutions takes effect for accounting periods that start on or after the 1 January 2023.

·      The Ministry of Transport published its Decarbonising Transport Action Plan 2022-25 in December 2022, detailing how Government will implement ERP transport actions in the next three years.

·      The Climate Change Commission will be delivering a wide range of advice to Government over the next couple of years. In the second quarter of this year, the Commission is planning to consult on its advice on the Government’s second emissions reduction plan (2026-2030).

2.2       Regional and local activity

·      Tauranga City Council’s draft Tauranga Climate Action & Investment Plan will be presented to their Strategy, Finance & Risk Committee in February 2023 and then be open for consultation. BOPRC have been involved in providing feedback through the development of the draft, in particular alignment with the transformational shifts identified in the BOPRC Climate Statement and clearly identified local action and investment to address risks identified in the Regional Climate Risk Assessment.

·      As part of the development of their Climate Action Plan, Tauranga City Council will be holding Te Toka Whakaea – Youth Climate Forum on 11 February for 13-24 year olds to have a collective conversation and discussion on how Tauranga addresses climate challenges over the coming decades. Regional Councillors have been invited to attend a panel session alongside TCC Commissioners.

·      The Te Uru Kahika Climate Change ‘Special Interest Group’ (SIG) held its inaugural meeting in Wellington in December 2022. Fiona McTavish attended as the Regional Chief Executive Officer sponsor. BOPRC staff are included in the SIG membership.

·      The Aotearoa Climate Adaptation Network, a community of local government practitioners working on climate change adaptation, held its second annual hui in September 2022. BOPRC staff attended and are also involved on the Network’s steering committee.

·      Staff from the local authorities in the Bay of Plenty continue to meet regularly to share ideas and updates on climate change initiatives and identify opportunities for working together.

·      Staff are providing ‘Climate Resilience’ input into the update of the SmartGrowth Strategy. This input includes: the elevation of Climate Resilient Development principles to ensure they flow through the strategy and shape implementation of the connected centres design; emphasis on new natural hazard information to inform development patterns; and provision of key moves to ensure that risks to existing settlements are assessed and prioritised through the Tauranga Climate Plan.

3.         New and Emerging Initiatives

3.1       Climate Change Degree Scholarship

The Bachelor of Climate Change at the University of Waikato is a new degree with the first intake of students having recently completed their first year in study in 2022. This degree is the first of its kind in the world and combines scientific knowledge of the biophysical world with understanding of economic and political systems and the impacts on Māori, Pacific and Indigenous communities. The degree can be studied through the Tauranga campus.

Staff have been exploring the opportunity of introducing a Toi Moana Climate Change Scholarship for a student studying towards this degree at the University of Waikato. Scholarships are a low cost but high value way to invest in growing the right skills, understanding and knowledge in our community, that will be increasingly important for future planning of our region. This scholarship would differ to the existing He Toka Tū Moana Scholarship in that it will be specific to students studying the University of Waikato, Bachelor of Climate Change degree. Scholarships would help support our Climate Action Plan goals and further build our relationship with the University. They will also help build future workforce capability.

The programme has budgeted one scholarship of $7,000 per annum for the next 3 years ($21,000 in total) from within the existing Climate Change Programme budget from the 2021-31 LTP. It is anticipated that the first round of applications would open in April 2023. We need to establish criteria for applicants to the scholarship and have listed some potential criteria below.

Councillor discussion and guidance is sought for the criteria we should attach to the scholarships.

Potential criteria could include:

1.   Preference will be given to applicants who whakapapa, reside or actively maintain a demonstrable connection to the Bay of Plenty region.

2.   Applicants must be in their 2nd or subsequent year of study.

3.   Applicants must be enrolled to study in the University of Waikato Bachelor of Climate Change degree programme and ideally will be majoring in an area that contributes to BOPRC strategic priorities (although all applications will be considered).

Possible majors include:

Anthropology, Chemistry, Data Analytics, Earth Sciences, Ecology and Biodiversity, Economics, Education and Society, Environmental Planning, Environmental Sciences, Geography, History, Law, Māori and Indigenous Studies, Pacific and Indigenous Studies, Philosophy, Political Science, Psychology, Public Relations, Social Policy, Sociology, Strategic Management.

3.2       Future Fit Regional Pilot

Future Fit is a personal carbon footprint tool that enables users to discover their individual emissions and take personalised steps to reduce these. It was created by Auckland City Council and is now being adopted by councils, organisations, schools, and businesses across the country.

This project links to Climate Change Action Plan Goal 2 ‘Reducing regional greenhouse gas emissions’ and Goal 4 ‘Our BOP community is aware, engaged and resilient’. Supporting household behaviour change will assist with global emissions reduction.

Bay of Plenty Regional Council have secured a subscription for the region, in conjunction with our Territorial Authorities (TAs). We are piloting the regional approach and are one of the first regional councils to do this in conjunction with our Territorial Authority partners. The collaborative approach means greater reach, support and impact for the community. 

By completing a short questionnaire on the Future Fit website, the tool provides users with a breakdown of their personal emissions and compares results against the consumption footprint of New Zealand and the world. Users are then provided with a list of simple actions and are encouraged to set goals and track progress. With the ability to create teams, set challenges and track via the leader board it is a very informative and user-friendly tool. 

As part of the subscription, councils have access to a dashboard and reporting tool where they can track user statistics. Each TA will have access to their area’s information and BOPRC can access this for the entire region. This gives the ability to monitor progress, trends, and tailor communications accordingly.

The external campaign will be a collaborative approach with Bay of Plenty Regional Council offering region-wide communications and supporting with paid promotions. Regular meetings are held between all communication project leads where we can share ideas, collateral, and trouble shoot. The launch will be in three phases:

1.   Internal launch: Introduce Future Fit to BOPRC staff, encourage sign up, run competitions to increase engagement, have ambassadors challenge staff to take part. Utilise internal channels such as the Daily Email and Tārai.

2.   External launch: Run in conjunction with TAs. Shared communications strategy and collateral. Utilising the assets that have been supplied from Auckland City Council but adding te reo māori and changing some images to be more Bay centric. Predominately an online/digital campaign, with messaging, competitions and activations that follow the calendar of themes. 

3.   Community engagement: Encouraging other organisations, businesses and schools to join the challenge. Share easy to use resources.

To see Future Fit go to:  https://www.futurefit.nz/


 

3.3       Regional Energy Transition Accelerator Programme

The Regional Energy Transition Accelerator (RETA) is a national programme run by EECA to develop and share a well-informed and coordinated approach for regional decarbonisation. Its focus is on understanding localised opportunities and barriers faced by industry when seeking to reduce emissions from process heat – the energy used for heat generation in manufacturing and processing primary products. This currently makes up over a quarter of this country’s energy-related emissions. This programme has been run in Southland and is commencing in the Bay of Plenty. https://www.eeca.govt.nz/co-funding/regional-decarbonisation/about-reta/

Bay of Connections is partnering with EECA to host a workshop for medium and large energy users, energy suppliers and other interested parties on Tuesday 28 March in Rotorua. The workshop is the first step in the development of EECA’s Regional Energy Transition Accelerator (RETA) programme for the Bay of Plenty.

4.         Considerations

4.1       Risks and Mitigations

Staff are well connected to national policy developments which minimizes the risk to Council of non-alignment with national direction. There are significant unknowns especially given the sequencing and timing of legislative change and the interface between parts of the new resource management system.

The scholarship initiative is low risk. Including criteria developed to assess applicants, and the requirement for a second-year student with proven academic performance, manages risk of poor value for money.

Future Fit communications will need to be carefully designed to ensure that using the tool is an empowering experience for users, particularly those with high carbon footprints.

4.2       Climate Change

 

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

 

The Future Fit regional pilot will provide a valuable platform from which to engage with the community and support them to take specific actions to reduce their personal carbon footprints and associated greenhouse gas emissions.

The scholarship initiative will build the collective capability to respond to the impacts of climate change.

The Regional Energy Transition Accelerator programme will assist medium and large energy users to address barriers and opportunities for decarbonisation.

4.3       Implications for Māori

Climate Change could potentially have not only significant physical, but spiritual impact on hapu and iwi in the region. There are potential risks to cultural sites, cultural practice, and the risk of accentuating existing inequalities. As cultural identity can be tied into the environment, climate change has the potential to threaten this connection in a physical sense with impact on iwi and hapū who occupy vulnerable places. Risks may not be limited to just the environment, rather those who inhabit it and the impact that changes in the environment can have on them.

4.4       Community Engagement

 

Engagement with the community is not required as as the report is for information only.

 

4.5       Financial Implications

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

5.         Next Steps

Over the 2023 calendar year, climate change reports, covering both adaptation and mitigation, will be provided to both the Strategy and Policy Committee and the Monitoring and Operations Committee along the following lines:

·      Monitoring & Operations: a quarterly update of progress and delivery of specific climate change projects, as detailed in the Climate Change Action Plan.

·      Strategy & Policy: these reports will detail the strategic issues and decisions required, along with new and emerging initiatives.

An update on progress with the Future Fit regional pilot will be reported to the Monitoring and Operations Committee.

The next major item to discuss at the Strategy & Policy Committee will be the completed Regional Risk Assessment.

 

 


 

 

 

Report To:

Strategy and Policy Committee

Meeting Date:

14 February 2023

Report Writer:

Nicola Green, Principal Advisor, Policy & Planning; Rachel Boyte, Legal Counsel; Stephanie Macdonald, Community Engagement Team Leader and Stephen Lamb, Environmental Strategy Manager

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Rob Donald, Science Manager

Purpose:

To seek extension of the timeframe for notifying proposed plan, and to provide an update on programme implementation and national freshwater regulations.

 

 

Essential Freshwater Policy Programme

 

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), primarily via changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP).

This report seeks a decision to extend the date for public notification of proposed changes to the RPS and the RNRP from July 2024 to December 2024.  An alternative option is to continue with July 2024, with the option to review later.  A reasonable quality plan change and supporting documentation cannot be delivered for notification by July 2024. The benefits and risks of the options are set out in the report and the first option (extend the deadline) is recommended.

This report also provides an update on the following:

·          implementation progress which, as planned, will deliver tangata whenua and community engagement this year. Programme slippage has occurred, and so workload is compounding.

·          tangata whenua involvement.  Several iwi led projects are now funded and launched.  Involvement in planning is sought, but still limited.

·          current and pending public communications and engagement.  Publicity and awareness raising will run from January to March, and engagement events are now scheduled throughout April-September.

·          implications of recent changes to the National Policy Statement for Freshwater Management 2020 and the National Environmental Standards for Freshwater 2020.  The main implication is that works in preparation for urban development in Te Tumu and Tauriko West that causes loss of extent or values of wetlands will have a consenting pathway prior to rezoning via a district plan change.

·          pending Freshwater Farm Plan Regulations to be gazetted in March 2023. This will cause communication and engagement challenges for the EFPP.

 

Recommendations

That the Strategy and Policy Committee:

1       Receives the report, Essential Freshwater Policy Programme;

2       Extends the timeframe for notifying proposed changes to the Regional Policy Statement and Regional Natural Resources Plan to implement the National Policy Statement for Freshwater Management 2020 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 seeks a decision to extend the date for public notification of proposed changes to the RPS and the RNRP from July 2024 to December 2024.

This report also provides an update on the following for your information:

1.   implementation progress;

2.   tangata whenua involvement;

3.   current and pending public communications and engagement;

4.   implications of recent changes to the National Policy Statement for Freshwater Management 2020 and the National Environmental Standards for Freshwater 2020;and

5.   pending Freshwater Farm Plan Regulations.

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

 

þ Cultural

 

þ Social

 

þ Economic

 

 

 

2.         Programme Implementation

The EFPP continues to be implemented according to the agreed programme plan which set public engagement as the primary focus of 2023. 

The technical work and policy options that were the focus of 2021 and 2022 are still progressing as there have been several delays and complexities.  Ongoing national regulatory changes add complexity and delivery challenges to an already very demanding work programme. A request for decision to extend the notification date for plan changes is discussed in 2.1 below, because ability to deliver a complete plan change to a reasonable standard will otherwise be compromised.

However, there is still substantial policy options material to engage on and it is important to progress this so that public feedback can be genuinely considered and assessed prior to making policy recommendations to Council for decision in late 2023 and early 2024.   Communications and engagement are outlined in section 5.4.

2.1       Notification date for changes to the RPS and RNRP

In August 2020, Council approved the EFPP and decided the resulting proposed RPS and RNRP changes should be notified in July 2024, ahead of the legislated deadline of December 2024.

In October 2021, the Strategy and Policy Committee considered whether to extend Council’s intended timeframe for notifying these proposed changes from July 2024 to December 2024. The Committee favoured continuing to target July 2024, with opportunity to review later if needed. All effort has been made to achieve this and some excellent progress has been made, as summarised in regular updates to this Committee. However, there continues to be delivery challenges, slippage compounding workloads, and it is the staff view that a plan change and supporting documentation of reasonable robustness and quality cannot be delivered by July 2024 for notification.

Table 1 includes the reasons for programme slippage provided in October 2021 and adds current reasons.

Table 1: Factors contributing to Essential Freshwater Policy Programme slippage

Reasons provided in October 2021

Additional/updated reasons now

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.

Several freshwater related projects sought by iwi and hapū have now been funded by BOPRC and national funding.  These have taken time establish, and some may deliver material that should be considered during development of our plan changes but will not deliver until late 2023 or early 2024.

Engagement with iwi and hapū on content – vision, outcomes, policy issues and options - is still being sought. An approach of consistently offering opportunities to connect with BOPRC has been adopted. Capacity, capability and competing priorities remain an issue.

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

Some technical work will likely not be completed until the mid-late 2023 (e.g., nutrient load models) due to specialist availability. Some technical work has not started, due to slippage in other parts of the work programme, e.g., modelling the effectiveness of solution scenarios.

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.

Ngā Kaitohutohu members have changed and been lost over time.  In several cases this is due to multiple other competing commitments and opportunities they have. At present, there is no functional group.  Consultant peer review of policy approaches to integrating Mātauranga Māori into the plan change may need to be sought.

 

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.

Central government intends to deliver Freshwater Farm Plan regulations, and decisions on agricultural emissions pricing in March 2023.  This will result in additional integration, communication and public engagement workload (see section 3 of this report).

Environment Court proceedings on other regional plans (e.g. Southland Regional Council’s Land and Water Plan and Waikato Regional Council’s Plan Change 1) relate to key issues we also need to resolve.  Ideally, we will rely on Court decisions rather than repeat the whole process. These may not be available until mid 2023.

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).

A national Risk Index Tool for nitrogen is still pending (overdue) and may be useful for our water quality plan changes. 

A decision to extend the timeframe to December 2024 is now sought.

Strategy and Policy Committee have two key options:

·       Option 1: One is to continue aiming for July 2024, and revisit that if needed at the end of 2023 or early 2024.

·       Option 2: The other is to change the delivery date to December 2024 now.

The benefits and risks of each option are identified in Table 2.

Assessment of options for timeframe decisions

Option 1: No change. The timeframe for notification is July 2024. Review in December 2023 or early 2024.

Benefit

Risk

Maintains urgency, pace and priority for delivery of the EFPP

We have planned the 2023/24 work programme on the basis of mid-2024 completion. Compromises have had to be made. Either we notify a poor quality plan change and supporting documents, or fail to meet the July 2024 timeframe (but still have until December 2024 to comply).

 

Inability to properly assess and respond to matters raised by community engagement in policy options and recommendations to Council.

 

Inability to brief Councillors well before you are asked to make decisions.

Decision to change the date can be made later

Short notice provided to Chief Freshwater Commissioner affects scheduling of hearings.

 

High pressure on staff and unrealistic goals can cause burn out or dis-engagement.

 

Tangata whenua relationships may be impacted if we notify a plan change earlier than the legislated deadline, when extra time would enable further discussion or resolution of some outstanding matters. Likewise for the community.

No time to work with stakeholders to address/resolve matters that would deliver a more robust plan change.

Option 2:  Shift the timeframe for notification to December 2024

Enables staff to achieve the best possible plan change and supporting material prior to notification (noting high pressure on staff will remain an issue)

Any further slippage will result in breaching the legislated requirement to notify plan changes by December 2024.

Chief Freshwater Commissioner can be advised of this change early, for their scheduling and resourcing purposes.

May be perceived as Council failing to meet a KPI.

Extends time for tangata whenua input.

 

Enables full six months of public engagement and targeted stakeholder discussions.

 

Enables time for Councillor briefings and discussion of challenging topics.

 

Greater chance that some pending policy approaches and tools might land with more certainty nationally and in other regions, enabling our plan change and assessments to rely on these.

 

3.         Programme Implementation

3.1       Notification date for changes to the RPS and RNRP

The Government has updated the NPSFM, National Environmental Standard for Freshwater (NES-F) and stock exclusion regulations to support effective implementation, and in response to consultation feedback.  In summary, the key changes:

·       clarify the definition of a natural inland wetland;

·       provide consent pathways for certain activities (quarrying activities, landfills and clean-fill areas, mineral mining and some urban development) that have adverse effects on wetlands, while applying high threshold tests that relate to the significance of the activity, need to occur in that location, and no practicable alternative location. The impacts of the activity must be managed through the ‘effects management hierarchy’.   This includes a special clause enabling, for the next 5 years, a consenting pathway for urban development in the Bay of Plenty that has not been identified in operative provisions of a regional or district plan, but which is identified as planned urban growth area in Smart Growth Urban Form and Transport Initiative Connected Centres Programme.  This was sought by Tauranga City Council in order to enable preliminary works associated with development at Tauriko West and Te Tumu.  Regional Council raised concerns with the Exposure Draft version of the proposed consent pathway and several of these have been addressed.  Importantly, it is no longer a discretion but a direction to include the relevant clause, and there are additional tests to be met before the pathway applies.

·       make more restoration and wetland maintenance including weed removal, permitted.

·       improve the clarity of policies, reduce the complexity of drafting and, in some cases correct errors.

·       amend the NES-F so wetland provisions no longer apply to wetlands in the coastal marine area.  This was sought by the regional sector.  This means that the Regional Coastal Environment Plan can be relied upon for mangrove management.

·       revise the low slope map for stock exclusion to address some inaccuracies and better capture land that was intended to be included.  Low slope land only applies to slopes under 500m altitude where the average slope is less than 5 degrees. While no policy is set directing consideration of stock exclusion from slopes 5-10 degrees, a map of this land is also provided and the map explanation says stock exclusion from these is “likely to be practical and advisable”. We anticipate that FWFP regulations will refer to this.

Staff are now working to ensure policy issues and options papers, draft plan changes and s.32 give effect to the new NPSFM direction (including policies to be inserted directly into the Plan now, which are covered below).

Changes to regulations must now be implemented and will be the subject of a report to the Monitoring and Operations Committee. For the purposes of this report, we note that the NES-F regulations have been amended to introduce restricted discretionary activity status for activities proximate to natural inland wetlands that are for the purpose of constructing urban development, as well as discretionary status where for the purpose of mining, hydroelectricity etc.  These activities were previously captured by the prohibited rule.  These changes were necessary to provide for the consent pathway enabled under the NPSFM amendments.     

Key implications are:

·       Increased clarity around the definition of natural inland wetlands will assist with the application of the policy directions and regulations.

·       Council is likely to be required to process applications for resource consents for activities that enable urban development in Te Tumu and Tauriko West that are close to or within wetlands, and which could result in the loss of wetlands and their values.  

o   The sequencing of resource consent applications prior to any rezoning, which would have allowed for identification of constraints and extent of zones and more comprehensive structure planning, will present some challenges.  It may be that a fuller public process may be needed to address the shortcomings associated with the sequencing.  Further, as the consents will “lock in” proposed development design in advance of the associated rezoning plan changes, the consents, engineering, and planning teams will need to work even more closely together to ensure that relevant considerations are fed into the process at the right stage.

·       Wetland restoration, which had required consent under the previous versions of the NPSFM and NES-F, will be better enabled across the region.

·       Permitted mangrove removal will be able to re-commence, including in the Ōhiwa Harbour.  Resource consent applications for removal activities will also be able to be considered and, if appropriate, granted.

3.2       Immediate changes to the Regional Natural Resources Plan

Clause 1.7 of the NPSFM 2020 directs Council to change the RNRP by inserting the following specific policies (or words to the same effect) without the need for an RMA Schedule 1 process. The specific policies are set out in NPSFM 2020:

§  Clause 3.22(1) (Natural Inland Wetlands)

§  Clause 3.24(1) (Rivers)

·      Clause 3.26(1) (Fish Passage)

·      Clause 3.34 (Urban development in the Bay of Plenty), which relates to amendments to 3.22(1).

Changes to incorporate 3.22(1), 3.24(1), and 3.26(1) were made after the NPSFM 2020 was gazetted. However, the December 2022 amendments change 3.22(1) and some related definitions, and RNRP Policy 13, in the Wetlands chapter (WL P 13) needs to be updated again to reflect these.

Staff will seek to make these updates to the RNRP at the same time as the update relating to the Regional Air Plan (which is awaiting the Minister of Conservation's signature on the seal page for Plan Change 13 Air).

Clause 4.3(3) of the NPSFM states that “if a local authority chooses to amend an operative policy statement or plan by merely changing wording or terminology for consistency with this National Policy Statement, the amendment is to be treated as the correction of a minor error (and therefore, under clause 20A of Schedule 1 of the Act, the amendment can be made without using a process in that Schedule)”.  Staff do not intend to make any such amendments at this time, because they will be addressed by the 2024 plan changes in any case.

3.3       Pending Freshwater Farm Plan Regulations

It is understood that the Government intends to gazette Freshwater Farm Plan (FWFP) regulations in March 2023.  At this stage, we do not know the details of the regulations.

Staff will then need to work on how draft regional policy options interface with the FWFP regulations.  For example, the RNRP could specify certain minimum good management practice requirements and FWFP information that must be provided to Council.

The FWFP regulations will be gazetted just as public engagement on our draft regional freshwater policy issues and options launches. This will create communications challenges. Staff will need to help farmers understand what is draft, and open to feedback from the public, and what is not.  The release of the FWFP regulations may also increase agitation in some sectors of the community and reduce their receptiveness to discussing regional issues and options constructively.

It is understood that the regulations will be “switched on” for different regions at different times and this may occur for the Bay of Plenty in 2024.  Council’s implementation plans will be reported to the Monitoring and Operations committee.

3.4       Pricing emissions from agricultural activities/He Waka Eke Noa

In December 2022 the Minister of Climate Change and Minister of Agriculture published a report outlining a system to put a price on emissions from agricultural activities, as required by s.215 of the Climate Change Response Act 2002. Cabinet will make final policy decisions on this in early 2023 followed by legislation to give effect to those decisions.

While these changes are focussed on Climate Change emissions reduction, not on freshwater, there will be implications for freshwater management in that the pricing system will influence farmer decisions on things like stocking rates, off farm feed, which also affect risk of nutrient losses to water. Staff will need to consider the implications of the pricing system, and how they interface with freshwater management issues and options. Again, the timing will affect public engagement as explained above in relation to FWFP regulations.

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 and September 2022. 

In particular, staff anticipate public engagement processes will be quite challenging, and made all the more complex by release of new national regulations and the national election period.  Given that Council is required to meet the legislated December 2024 deadline for notifying freshwater related plan changes, we cannot defer public engagement by any more than a month or two and this would not resolve the risks.  Instead, staff are preparing to:

·       Acknowledge the multiple changes affecting the rural sector in particular.

·       Remain objective and impartial.

·       Be open to receiving a wide range of feedback, some of which may be negative.

·       Explain national regulations as well as the draft regional issues and options, and to help people to navigate these to the extent we can.

·       Have plans in place to diffuse tense situations and protect staff health and safety.

·       Deliver genuine engagement to the best that we can in the time, resources, and context that we have.

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. The challenges of tangata whenua engagement will continue into 2023 and staff are maintaining a good faith approach to implementing the aspirations of the NPSFM.

A tangata whenua engagement progress update was provided in the August 2022 Strategy and Policy meeting agenda report. Since that point a small number of new connections have been made in response to the consistent invitation to connect with Council.

Current tangata whenua engagement activities include:

·       Draft dates for engagement events will be shared (by end of January) with tangata whenua via the Relationship Managers and the iwi/hapū contact lists.

·       EFPP reports are going to each co-governance forum, the first of which is Te Maru o Kaituna on 10 February.

·       Contact is being made with the iwi partners/environmental managers for the new Tarawera Awa Strategy Group to establish how the mahi of this co-governance group can align with the EFPP.

·       The engagement plan includes three Hui a Rohe. Resourcing and planning for these is a current action. It is anticipated that Māori constituency councillors will provide leadership for these.

·       The engagement plan includes each FMU having at least one event at a kaupapa Māori related venue such as a kura, marae, trust board office. Suggestions are welcomed.

·       Relationship Managers and the iwi/hapū contact lists are being used to distribute communications and material. These lists are continuously updated as required.

·       All communications contain invitations to contact Council as a way to get involved in the freshwater work of Council.

·       Work continues on establishing Kaupapa Māori EFPP projects. For example, Ngāti Whakaue IMP project.

4.4       Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

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

 

Staff are preparing for public engagement this year from April to September 2023 on key issues and policy options as reported to Committee last year, along with key messages.

During January – March 2023, a range of media and attendance at community events will be used to raise the profile of freshwater issues in the region and upcoming engagement opportunities.  During this time, some Freshwater Management Unit “stories” will also be prepared and published, which will describe the draft FMU, outline the freshwater management issues, and options being considered to address them.  These will be available for public engagement in April and more detailed information will also be available via our web-site.

Planned community events include:

·       Farming like Grandad, 29 January, near Kawerau

·       Katikati A&P Show, 5 February

·       Tauranga A&P Show, 11 February

·       Te Puke A&P Show, 18 February

·       Rangitāiki River Festival, March (date TBC), Thornton

·       Waka Ama, March (date TBC), Lake Tikitapu

From April – September 2023 a series of three sub-regional hui, and public engagement events in each FMU will be held.  A draft calendar of events has been prepared (attached) and will be confirmed after checking for any major clashes with Co-governance bodies, the TLA Freshwater Forum and the Rural and Environmental Sector Organisation Forum, and venues are booked. These events will focus on the specific areas of change required in the respective FMU and provide community opportunities to give feedback in person, in addition to online engagement, email and freepost feedback. Events will be held at various venues, times and days to encourage a broad range of participation.  Staff will aim to also be responsive to requests for engagement with specific interest groups, where they have capacity.

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.

Staff will:

·       make required changes to the Regional Natural Resources Plan resulting from NPSFM amendments as soon as possible.

·       progress public awareness campaign and collateral as planned for January-March 2023.

·       continue to work on technical evidence base and policy issues, options and assessment.

·       start briefing Councillors on draft policy issues and options.

Attachments

Attachment 1 - DRAFT engagement activities for Essential Freshwater Policy Programme 2023  

 


Strategy and Policy Committee                                                             14 February 2023

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Report To:

Strategy and Policy Committee

Meeting Date:

14 February 2023

Report Writer:

Samantha Pottage, Planner

Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Purpose:

To provide an update on Proposed Change 6: National Policy Statement – Urban Development (NPS-UD) to the Bay of Plenty Regional Policy Statement.

 

 

Update on Proposed Change 6: National Policy Statement - Urban Development (NPS-UD) to the Bay of Plenty Regional Policy Statement

 

Executive Summary

Proposed Change 6 National Policy Statement on Urban Development to the Bay of Plenty Regional Policy Statement  seeks to fulfil Council’s statutory obligations under the National Policy Statement for Urban Development.  In particular requirements to implement the responsive and intensive urban growth planning requirements and to take into account the principles of Te Tiriti o Waitangi in urban planning decisions.

Proposed Change 6 was publicly notified on 9 August 2022. The submission period closed on 6 September 2022. At the close of submissions, Council received 34 submissions. This report provides a summary of the first round of submissions received.

The ‘Summary of Decisions Requested’ was publicly notified on 24 January 2023. The further submission period closed on 10 February 2023. An update on further submissions (how many have been received) will be provided at this meeting.

At its meeting on 23 June 2022 Regional Council approved in principle a three person Hearing Panel: being one BOPRC Councillor, one expert in tikanga Māori and one urban growth technical expert. This report seeks direction from the Strategy and Policy Committee to appoint members of the Hearing Panel to hear submissions and make recommendations back to the committee.

 

Recommendations

That the Strategy and Policy Committee:

1       Receives the report, Update on Proposed Change 6: National Policy Statement - Urban Development (NPS-UD) to the Bay of Plenty Regional Policy Statement;

2       Establishes a Hearing Committee under section 34 of the Resource Management Act and delegates authority to it to hold and conduct the hearings process (including any interlocutory matters, consideration of written submissions and hearing of oral submissions) on Proposed Change 6: (National Policy Statement on Urban Development) to the Bay of Plenty Regional Policy Statement;

3       Delegates authority to the Hearing Committee to provide a written report and recommendations on those submissions back to the Strategy and Policy Committee;

4       Endorses the Hearing Panel make up of one Councillor; one panel member with tikanga Māori expertise and one panel member with urban growth technical expertise;

5       Appoints one Councillor from the table in section 3.2 as a member to the Hearing Panel;

6       Confirms one independent hearing panel member to be appointed to the hearing panel with tikanga Māori expertise from the persons listed at section 3.3;

7       Confirms one independent hearing panel member to be appointed to the hearing panel with urban growth technical expertise from the persons listed in section 3.4;

8       Confirms a Chairperson for the hearing panel from members with Chair endorsement in tables contained in section 3.2, 3.3 or 3.4;

9       Delegates Authority to the Chair of the Strategy and Policy Committee to appoint replacement members including the Chair to the Hearing Panel if necessary.

 

1.         Introduction

Proposed Change 6 to the Regional Policy Statement was publicly notified on 9 August 2022. The submission period closed on 6 September 2022. At the close of submissions, Council received 34 valid submissions. The ‘Summary of Decisions Requested’ was publicly notified on 24 January 2023. The further submission period closed on 10 February 2023.

Proposed Change 6 seeks to fulfil Council’s responsibilities to implement the National Policy Statement – Urban Development). In particular, Proposed Change 6 implements Policies 3, 5, 8 and 9 of the National Policy Statement on Urban Development relating to urban intensification, responsive planning and the principles of Te Tiriti o Waitangi.

1.1       Legislative Framework

The National Policy Statement on Urban Development came into effect on 20 August 2020 and sets out that implementation by way of an RPS amendment shall be notified no later than 20 August 2022.

1.1.1    National Policy Statement – Urban Development 2020

The National Policy Statement on Urban Development recognises the national significance of:

·      Having well-functioning urban environments that enable all people and communities to provide for their social, economic and cultural wellbeing.

·      Providing sufficient development capacity to meet the different needs of people and communities.

The National Policy Statement on Urban Development  requires:

·      Urban development to occur in a way that takes into account the principles of Te Tiriti o Waitangi.

·      That plans make room for growth both ‘up’ and ‘out’.

·      That there is an evidence base about demand, supply and prices for housing to inform planning decisions; and

·      Aligning and coordinating planning across urban areas, regardless of boundaries.

1.2       Alignment with Strategic Framework

 

A Healthy Environment

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

A Vibrant Region

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

Proposed Change 6 contributes to the Healthy Environment, and Vibrant Region Community Outcomes in Council’s Long Term Plan 2021-2031. Proposed Change 6 implements the National Policy Statement on Urban Development  requirements and contributes to Council’s functions and responsibilities for sustainable urban management.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

¨ Cultural

 

þ Social

Medium - Positive

¨ Economic

 

 

There is a positive impact of implementing the National Policy Statement on Urban Development through Proposed Change 6. Providing sufficient development capacity is essential to meeting the needs of people and communities in urban areas that are experiencing rapid growth. The National Policy Statement on Urban Development sets out policy direction to support productive and well-functioning urban areas through recognising and enabling opportunities for land to be developed to meet community business and housing needs. 

 

2.         Summary of Submissions

The makeup of submitters to Proposed Change 6 comprises developers (10), iwi/ hapū or Māori land trust representatives (4), government agencies (6), territorial authorities (3) industrial and rural business representative groups (6) and landowners (5). Most submissions support Proposed Change 6 in principle with various recommended changes sought. Attachment A – Summary of Submissions provides a submitters list and the general nature of issues their submissions cover. The below sections outline key themes of submissions received.

2.1       Tangata Whenua and Te Tiriti o Waitangi Principles Policy

Generally, submissions support amendments to Policy UG22B to address the National Policy Statement on Urban Development Te Tiriti o Waitangi Principles. While this policy introduces a broader range of considerations aligned with the Treaty Principles these are matters derived from existing operative Regional Policy Statement policies in the Iwi Resource Management chapter. The key themes within submissions relating to Policy UG 22B are:

·      Cultural offsetting or compensation can be used to address Te Tiriti o Waitangi Principles and better recognise the broader understanding of Mātauranga Māori encompassing natural and cultural heritage including for example Mahinga Kai areas and processes to deal with nett loss of important sites to tangata whenua.

·      The concept of cultural off-setting still needs further refinement to develop it into a robust and tested framework with further consultation required. Due to this, the explanation text that includes cultural offsetting should be removed.

·      As currently worded the emphasis and obligation on local authorities taking into account Te Tiriti o Waitangi Principles by involving hapū and iwi in Resource Management Act planning decision making is unclear.

Staff note Schedule 5 of the Natural and Built Environment Bill includes principles for cultural heritage offsetting redress providing a framework for how cultural offsetting could work. However, this framework will still need to go through the formal submissions process and could change or be removed before passing into legislation.

2.2       Reverse Sensitivity

Reverse sensitivity effects have been raised by submitters as an issue broader than affecting rural production activities. It applies equally to other activities such as rail, primary production transport, the national grid and industrial activities.  The policies should also recognise reverse sensitivity effects increased urban growth could have on these existing activities.

Staff note the existing operative Regional Policy Statement recognises and provides for reverse sensitivity effects in a broader context that rural production activities.  Reverse sensitivity effects on infrastructure is recognised as a significant energy and infrastructure issue 2.3.3.1 and is addressed by corresponding Objective 7 and Policy EI 7B ‘Managing the effects of infrastructure development and use’.    Reverse sensitivity effects is also addressed from an air quality perspective by Policy AQ 1A ‘Discouraging reverse sensitivity associated with odours, chemicals and particulates.’

2.3       National Policy Statement for Highly Productive Land

Questions raised in how the National Policy Statement for Highly Productive Land will interact with Proposed Change 6, and that a definition for highly productive land be included in this change.

Note a Strategy and Policy Committee workshop on the National Policy Statement for Highly Productive Land is scheduled for March.  The original draft version of Proposed Change 6 foreshadowed changing Regional Policy Statement references to Versatile Land to Highly Productive Land.  The Regional Policy Statement definition of Versatile Land mirrors the National Policy Statement for Highly Productive Land definition for Highly Productive Land and the existing Regional Policy Statement rural growth management provisions also align with the National Policy Statement for Highly Productive Land directions for protecting and managing highly productive land. 

2.4       Out-of-Sequence/Unanticipated Urban Growth

Submissions raised concerns over the provision for unanticipated or out-of-sequence urban growth in Policy UG 7A namely:

·      Not enough certainty that Proposed Change 6 allows a process to consider out of sequence urban growth proposals when considering other existing partially developed spatial plans/Future Development Strategy for the Western Bay of Plenty subregion.

·      Concerns with the criteria to be satisfied for out of sequence growth, specifically the requirement for a minimum of 5 hectares (or more) of land to qualify as large scale in the Western Bay of Plenty and Tauranga City districts. Specific concern on how this may not be feasible for out of sequence Māori land/ Papakāinga development.  Further that smaller scale developments are unfairly excluded, and there are numerous such sites throughout the Western Bay of Plenty subregion which could play an important role in providing for housing and business land.

·      That out of sequence development should not be dependent on Housing and Building Capacity Assessments  and should only refer to RMA plans and future development strategies. 

·      That any negative impacts of unanticipated out of sequence development on existing and planned development infrastructure should be discounted as it will severely limit opportunities for unanticipated growth.

2.5       Existing Use Rights

Submission points seek greater protection of existing use rights and recognition of future growth needs of existing activities, and how this will interact with Te Tiriti o Waitangi Principles. This is acknowledged through submissions with conflicting activities that already exist between marae and industrial activities, as well as potential future issues with significant infrastructure in areas of cultural significance.

2.6       Urban limits Removal

One of the key changes introduced through Proposed Change 6 was the removal of the defined urban limits management and growth areas in Appendix E. They have been replaced with new Policies UG 7A and UG 14B. Some submitters seek greater flexibility to be able to consider expansions to existing or development of new urban proposals not serviced via reticulated services and outside urban environments.

3.         Hearing Panel Appointments

At its meeting on 23 June 2022 Regional Council approved in principle to that three Commissioners will be appointed to the Change 6 Hearing Panel: being one Bay of Plenty Regional Council Councillor, one expert in tikanga Māori and one urban growth technical expert.

3.1       Skills and Experience

All hearing panel members must be accredited under section 39A of the Resource Management Act (Making Good Decisions certified). In appointing members to the hearing panel Councillors should consider the need for collective knowledge and expertise across the following areas:

·      judicial processes and cross-examination;

·      the Resource Management Act;

·      tikanga Māori and mātauranga Māori;

·      urban growth management; and

·      subject areas likely to be relevant to the work of the panel.

Sections 3.3 and 3.4 of this report list the names for potential commissioners with expertise in tikanga Māori and urban growth planning, and whether they are chair endorsed.  Further background detail on each commissioner is provided within Attachment 2 of this report.

3.2       Nominations for Elected Members

Councillors who have accreditation along with certification expiry dates are listed below[1]:

Name

Certificate Expiry

Chair Endorsed

Councillor Iti

31 December 2023

No

Councillor McDonald

31 December 2025

No

Councillor Nees

30 June 2026

Yes

Councillor Thompson

30 June 2024

No

Councillor von Dadelszen

30 June 2024

Yes

In line with last year's 23 June resolution, it is anticipated at least one of these Councillors will be appointed to the hearing panel.

3.3       Independent Tikanga Māori Expert

Independent Hearing Commissioners who have confirmed their availability and interest, with expertise and experience in tikanga Maori, their certificate expiry dates and whether they are Chair endorsed are listed below in no particular order:

Name

Certificate Expiry

Chair Endorsed

Matire Duncan

31 December 2023

No

Reginald Profitt

30 June 2025

Yes

Rawiri Faulkner

31 December 2027

No

Maramena Vercoe

31 December 2025

No

Pia Bennett

31 December 2025

No

Julie Shepherd

30 June 2027

No

Of the tikanga Māori expert hearing panel candidates only Reginald Profitt is Chair endorsed.  It is worth noting Toi Moana are involved in the Ministry for the Environment Pilot Project ("He Ara Takatū - A pathway to prepare commissioners with Te Ao Maori expertise for hearing"). 

3.4       Independent Urban Growth Technical Expert

Independent Hearing Commissioners with expertise and experience in urban growth planning matters and their certificate expiry dates are listed below in no particular order:

Name

Certificate Expiry

Chair Endorsed

Dr Phil Mitchell

30 June 2024

Yes

Robert Scott

31 December 2026

Yes

Dr Lee Beattie

30 June 2024

Yes

Chloe Trenouth

31 December 2023

No

Karyn Sinclair

31 December 2023

Yes

Alan Watson

30 June 2023

Yes

All the hearing panel candidates, except for Chloe Trenouth, are Chair endorsed and have previous hearing commissioner experience.  Please note that Dr Phil Mitchell has requested that if Council considers appointing him to the hearings panel he asks to be appointed the Chair as he thinks that is where he could add most value.  Alan Watson has advised he will be recertified before his current certification lapses in June.  Mr Watson is currently one of the presenters for the Making Good Decisions programme. 

4.         Considerations

4.1       Risks and Mitigations

There is low risk associated with Proposed Change 6. This change is required to implement the National Policy Statement on Urban Development which is a national direction requirement that must be implemented. Proposed Change 6 follows Ministry for the Environment guidance material on responsive planning criteria.  Previous direction from the Strategy and Policy Committee has limited Proposed Change 6 to ‘only doing what we need to do’.  Staff have engaged early and widely through a meaningful consultation process and most recently made the ‘Summary of Decisions Requested’ readily available to all submitters for the second round of submissions.

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.  Existing Regional Policy Statement climate change provisions will continue to apply to urban growth and development. These are Regional Policy Statement Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’.

4.3       Implications for Māori

National Policy Statement on Urban Development Policy 9 requires Te Tiriti o Waitangi principles are taken into account in relation to urban environments, which includes:

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

·      Taking into account hapū and iwi values and aspirations for urban development;

·      Providing 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

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

Proposed Change 6 includes a new policy (i.e. replacement Policy UG 22B) to implement National Policy Statement on Urban Development Policy 9 requirements.  Replacement Policy UG 22B contains elements of existing operative Regional Policy Statement policies in the Iwi Resource Management chapter that apply to urban growth and development. The policy direction will result in positive cultural and economic effects while also seeking to protect existing urban marae from incompatible uses or development and reverse sensitivity effects.

While early consultation on Proposed Change 6 resulted in comments seeking policy provide specifically for cultural offsetting this was opposed by other iwi and hapū representatives during subsequent consultation hui.  Formal submissions received oppose provision for cultural offsetting stating there is no certainty on how cultural offsetting should be applied which creates a risk in understanding how to implement cultural off-setting and align future development with this policy change.

Staff note Schedule 5 of the Natural and Built Environment Bill includes principles for cultural heritage offsetting redress.  While these provide a framework for how cultural offsetting could work, this framework will still need to go through the formal submissions process and could change or be removed before passing into legislation.

4.4       Community Engagement

 

Adobe Systems

INFORM

Whakamōhio

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

 

Consultation and feedback was sought throughout the process of drafting Proposed Change 6. Once the formal Schedule 1 process commences community engagement is limited.  Through the second round of submissions, there are limited rights to who can make further submissions.   Only certain persons can make a further submission. Under Clause 8 of Schedule 1 to the Resource Management Act 1991 the following persons may make a further submission:

a)   any person representing a relevant aspect of the public interest, and

b)   any person that has an interest in the proposed policy statement or plan greater than the interest that the general public has, and

c)   the local authority itself.

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 Proposed Change 6 fits within the allocated budget. Proposed Change 6 is under the Regional Planning activity. Work to date has involved staff time (for project planning, policy development, and community engagement), and specialist urban growth consultant advice. Costs for the Schedule 1 process are administrative (e.g., public notification, printing), staff time, and Hearing Panel costs (Commissioners). 

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.

The immediate next steps are to review and summarise the further submissions and appoint a Hearing Panel. Staff will also prepare a Planner’s Recommendation report and a subsequent s32(2)(A) evaluation report in preparation for hearing.

The table below contains greater details and indicative timeframes for the Schedule 1 process:

Timeframe

Action

24 January – 10 February 2023

Publicly notify summary of submissions to enable certain persons (as defined by Resource Management Act) to make future submissions – either in support or opposition. Further submissions period – 10 working days

14 February 2023

Seek direction from the Strategy and Policy Committee to appoint members of the Hearing Panel

February to April 2023

Staff prepare recommendations in response to submissions received.  Meetings may occur with submitters to clarify relief sought

Mid 2023 (dates TBC)

Hearings held, Hearings Panel deliberates and makes recommendations to Council

Mid to late 2023

Council to consider whether to adopt Hearings Panel recommendations as Council’s decisions.  If Council adopts those recommendations, they will then become Council’s decisions which must be publicly notified. 

Late 2023

Publicly notify decisions on submission.  Submitters have 30 working days to lodge an appeal against Council’s decisions.

If appeals are received, they are resolved through mediation or an Environment Court hearing.

 

Attachments

Attachment 1 - Summary of submissions

Attachment 2 - Summary of Potential Commissioners  

 


Strategy and Policy Committee                                                             14 February 2023

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Strategy and Policy Committee                                                             14 February 2023

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[1] As listed on the MfE ‘Certificate holders – local body elected members’ website on 20 January 202.