Agenda of Strategy and Policy Committee

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
10.1	Regional Coastal Hazards Mapping Update	Withholding the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.	48(1)(a)(i) Section 7 (2)(j).	On the Chief Executive's approval.

Strategy and Policy Committee Minutes

14 February 2023

Strategy and Policy Committee

Open Minutes

Commencing: Tuesday 14 February 2023, 9.30 am

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

Chairperson: Cr Paula Thompson

Deputy Chairperson: Cr Kat Macmillan

Members: Cr Stuart Crosby

Chairman Doug Leeder

Cr Jane Nees (via Zoom)

Cr Matemoana McDonald

Cr Toi Kai Rākau Iti

Cr Te Taru White (via Zoom)

Cr Kevin Winters (via Zoom)

Cr Lyall Thurston (via Zoom)

Cr Andrew von Dadelszen

Cr Ron Scott

Cr Ken Shirley

Cr Malcolm Campbell

In Attendance: Staff: Fiona McTavish – Chief Executive; Namouta Poutasi - General Manager, Strategy and Science; Kataraina O’Brien - General Manager, Strategic Engagement; Reuben Fraser – General Manager, Regulatory Services; Chris Ingle – General Manager Integrated Catchments; Julie Bevan - Policy and Planning Manager; Stephen Lamb – Environmental Strategy Manager; Dean Howie – Programme Manager, Regional Economic Development; Nic Newman – Climate Change Programme Manager; Kate Barnes – Communications Partner; Stephanie Macdonald – Community Engagement Team Leader; Nicola Green - Principal Advisor, Policy and Planning; Nassah Rolleston-Steed – Principal Advisor, Policy and Planning; James Low – Team Leader Policy (Freshwater); Samantha Pottage – Planner; Elva Conroy – Acting Manager Spatial Planning (Contractor); Jenny Teeuwen – Committee Advisor

External: Julian Fitter and Michelle Elborn – Bay Conservation Alliance; Mary Dillon, Laura Wragg and Nick Gladding – EnviroHub BOP; Glen Crowther and Denise Arnold – Sustainable BOP; Graeme Coates – Chair BOP Aquaculture Group; Peter Vitasovich - CEO Whakatōhea Mussels Ōpōtiki Limited; Professor Chris Battershill - University of Waikato

Apologies: Cr Jane Nees

Please note that this meeting was livestreamed and the recording is available on the Council YouTube channel via this link: Strategy and Policy Meeting 14 February 2023 - YouTube

1. Opening Karakia

A karakia was provided by Cr Te Taru White.

2. Chairperson’s Opening Statement

The Chairperson, Cr Paula Thompson, expressed grateful thanks to Tauranga City Council and the Civil Defence Emergency Management Team for their response to Cyclone Gabrielle.

3. Apologies

Resolved

That the Strategy and Policy Committee:

1 Accepts the apology from Cr Nees for possible intermittent attendance due to variable internet coverage, tendered at the meeting.

Thompson/von Dadelszen

CARRIED

4. Items not on the Agenda

4.1

Bay of Plenty Regional Council Natural and Built Environment Bill and Spatial Planning Bill Submissions

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Bay of Plenty Regional Council Natural and Built Environment Bill and Spatial Planning Bill Submissions and accepts it as an Item not on the Agenda. Notes the reason why this item was not on the Agenda is that time needed to incorporate feedback received on the draft submission versions meant that the item was not ready when the Agenda was finalised, and the reason why it cannot be delayed is that the submissions must be lodged by 19 February 2023.

Thompson/Shirley

CARRIED

5. Order of Business

The Chairperson advised that due to the availability of external presenters, Item 8.1 - Bay of Plenty Aquaculture Group (BOPAG) – A Stocktake of Strategic Aquaculture Opportunities in the Bay of Plenty, would be taken at 10am and this could result in a change to the order of business.

6. Declaration of Conflicts of Interest

There was none.

7. Presentations

7.1

Presentation - Bay Conservation Alliance

Presented by: Julian Fitter and Michelle Elborn

Presentation - Bay Conservation Alliance: Objective ID A4309042

Key Points

· Outlined the Vision and Purpose of Bay Conservation Alliance.

· The group provided professional operational support, increased the number of Bay of Plenty care groups, and facilitated training and capability building for volunteers.

· Provided an insight to the following member groups – Friends of the Blade, Ōtānewainuku Kiwi Trust, Project Parore, Maketū Ōngātoro Wetland Society, Manawahe Kokako Trust and Manawahe Eco Trust, Kaharoa Kokako Trust, and Kokako Ecosystem Expansion Programme (KEEP).

· Good governance and succession planning was really challenging and both professional and volunteer inputs were needed to be successful.

In response to Questions

· Important to recognise the variety of different groups and the need to nurture volunteers.

· Requested that Regional Council continue to be open to new ideas and ways of doing things - keep an open mind about projects and how they could be delivered.

· Bay Conservation Alliance experienced difficulty in retaining existing and attracting new Board members and were considering changing to a charitable trust in the future.

· Regional Council funding had supported volunteers participating in the Institute of Directors governance training. There was a need and opportunities to provide more of this type of training.

· The Jobs for Nature cadet programme was going well – currently up to intake seven. Around 45 applications received per intake for 11 spaces. Tangata whenua were well represented on the programme.

Due to the availability of the external presenters for the item, Item 8.1. was taken next.

8. Reports

Strategy

8.1

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

Presented by: Dean Howie – Programme Manager, Regional Economic Development

Graeme Coates - BOPAG Chair

Peter Vitasovich - CEO Whakatōhea Mussels Ōpōtiki Limited

Professor Chris Battershill - University of Waikato

Presentation - Bay of Plenty Aquaculture Group: Objective ID A4309072

Key Points

· Aquaculture development happened regionally, mainly outside of cities, and had a positive effect on small towns.

· The aquaculture industry in New Zealand farmed mussels, oysters and salmon.

· Bay of Plenty was currently around one to one and a half percent of the industry in New Zealand - planned to be 10 – 15% by 2030.

· The focus in the Bay of Plenty was on mussels as the waters were too warm for salmon.

· Whilst frozen half shell mussels currently made up to 63% of the value of exported product, mussel oil and mussel powder would be the future of the industry, as over the next 10 to 15 years, pharmaceutical products were expected to play a bigger part in the use of the industry’s product.

· The Bay of Plenty region had been recognised as the growth area for aquaculture over the next 10 to 15 years.

· As part of the aquaculture settlement between the Crown and iwi, 20% of marine space was automatically allocated to iwi participants.

· Marine space in the Bay of Plenty region would be focussed in the eastern Bay of Plenty in the Ōpōtiki and Te Kaha areas.

In Response to Questions

· BOPAG were working very closely with iwi to bring iwi aquaculture home through Treaty settlement, and to grow the aquaculture industry in the Bay of Plenty region.

· Unreliability of labour was a frustration and risk. Whakatōhea Mussels currently employed 190 and had an absenteeism rate of around 20-30 per day. The focus was on training and bringing communities together. Whakatōhea Mussels was working in conjunction with the Ministry for Social Development (MSD) and colleges to create a programme highlighting aquaculture industry career opportunities for young people, in all facets of the business.

· Much had been achieved since 2014; however, a collective effort and capital investment was required to develop fin fish or high value products.

· Aquaculture enhanced the productivity of the marine system by reducing the amount of take from the ocean, ensuring that the seabed stayed in its current state or better.

· Rainbow trout were more tolerant to higher water temperatures. Brown trout were generally found in the more southern parts of New Zealand. In the Bay of Plenty, for both freshwater and seawater, the temperature regime was more aligned to rainbow trout.

Resolved

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.

Thompson/Scott

CARRIED

7. Presentations (Continued)

7.1

Presentation - EnviroHub BOP

Presented by: Mary Dillon, Laura Wragg and Nick Gladding

Presentation - EnviroHub BOP: Objective ID A4309043

Key Points

· Introduced and demonstrated the Green Team app as a region specific way for people to take action and was aligned with Regional Council’s four climate change goals.

· The App would provide the ability to scale awareness for government and council led initiatives.

· The goal now was to build, test and launch the app, starting with Tauranga Moana and then region-wide.

In response to Questions

· The Green Team app would enhance, not duplicate, the Regional Council’s proposed Future Fit app.

7.2

Presentation - Sustainable BOP

Presented by: Glen Crowther and Denise Arnold

Presentation - Sustainable BOP: Objective ID A4309047

Key Points

· Outlined the vision and mission of sustainable BOP and introduced the Trustees.

· Sustainable BOP was an independent charitable trust. It was apolitical and their focus was at a strategic level.

· Thanked Regional Council for the three year funding agreement to June 2024.

· The challenge was to move towards a circular economy with more sustainable urban development and transport, and to focus on the transition to a low carbon economy.

· Better, deeper level engagement on the core issues was needed.

· In terms of climate change, New Zealand was not doing well, and had not done well, to change emissions.

· Western Bay of Plenty/Tauranga was lagging behind the rest of the country - there was no city, sub-regional or clear regional strategy or targets to reduce emissions.

· Before every investment, project or strategic decision it was important to assess if it was environmentally, socially or economically sustainable, and if not, then it was time for a rethink.

In response to Questions

· The key to the balance between self-sufficiency and free trade was life cycle analysis – understanding the cost and carbon embedded into everything, and promoting wherever possible local production, so that we move in the direction of taking more responsibility for the overall embedding of carbon and environmental costs.

11.30am - The meeting adjourned

11.30am - Chairman Leeder withdrew from the meeting.

11.50am - The meeting reconvened.

8. Reports (Continued)

Strategy

8.1

Operating Environment

Presented by: Namouta Poutasi - General Manager, Strategy and Science

Julie Bevan - Policy and Planning Manager

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment

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

Thompson/Crosby

CARRIED

8.2

Climate Change Update

Presentation - Future Fit: Objective ID A4309060

Presented by: Nic Newman – Climate Change Programme Manager

Kate Barnes – Communications Partner

Key Points

· Whakatāne District Council (WDC) and Regional Council staff would be talking with the Ministry for the Environment (MfE) regarding early thinking on the Climate Adaption Act (CAA) that was proposed to be introduced to the parliament this year.

· Feedback was provided by those who attended the Tauranga City Council Youth Climate Forum.

· Staff were providing “Climate Resilience” input into the update of the SmartGrowth Strategy.

· Marine heatwaves had been experienced in the Bay of Plenty over the summer. There had been no indication to date of changes to ecosystems due to the warmer sea temperatures other than they were keeping the population of sea lettuce down.

· The Regional Energy Transition Accelerator (RETA) Programme, run by the Energy Efficiency and Conservation Authority (EECA) was being launched in the Bay of Plenty.

· Guidance was sought for the Toi Moana Climate Change Scholarship. Guidance received included:

- Degree majors needed to align with core business.

- Consider the opportunity to obtain participants commitment to allow Regional Council to showcase them in Regional Council communications.

- Accept applicants from any degree major and then interview to determine how best the student and major aligned to the scholarship.

· Introduced and demonstrated the Future Fit tool which was a gamified carbon footprint tool that would be launched in the coming weeks. The tool helped individuals to understand their own carbon emissions and how to reduce these in a fun and engaging way.

12.11 pm - Chairman Leeder entered the meeting.

In Response to Questions

· Climate change anxiety was real. It was important to recognise that and consider what could be done so that the public were not over-burdened by it.

· Climate research suggested that 10 to 20% of the peak rainfall in the recent weather events could potentially be attributable to climate change/warming of the oceans.

· Future Fit:

- It was suggested that Councillors also be involved in the Future Fit launch material.

- Discussions with EnviroHub would be ongoing to ensure that the Green Team app and the Future Fit app would be complementary.

- It was important that any communications also identified attitudinal shift.

- It would be useful to promote or showcase the headwinds/difficulties some people faced in terms of wanting to come on this journey e.g. catching a bus.

- $30k had been allocated as part of the Climate Change Action Plan in the Long Term Plan (LTP) to support the project in its totality.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Climate Change Update.

Thompson/Macmillan

CARRIED

Regulatory Policy

8.3

Essential Freshwater Policy Programme

Presented by: Nicki Green – Principal Advisor, Policy and Planning

Stephen Lamb – Environmental Strategy Manager

Kataraina O’Brien - General Manager, Strategic Engagement

Stephanie Macdonald – Community Engagement Team Leader

Kate Barnes – Communications Partner

James Low – Team Leader Policy (Freshwater)

Presentation - Essential Freshwater Policy Programme: Objective ID A4309096

Key Points

· Change to notification date:

- Tables One and Two of the agenda item outlined the reasons for extending the timeframe for notifying proposed changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) to implement the National Policy Statement for Freshwater Management 2020 (NPS-FM) to December 2024.

- Staff were of the view that a plan change and supporting documentation of reasonable robustness and quality could not be delivered by July 2024.

· It was noted that the title of Section 3.1 of the agenda item should read National Policy and Regulatory Changes.

· Outlined the amendments to the NPS-FM and the National Environment Standard for Freshwater (NES-F).

· Outlined the communications and engagement planned for the Essential Freshwater Policy Programme in 2023.

In Response to Questions

· Change to notification date:

- The uncertainty around potential solution options for nitrogen management was due to the review of the Overseer tool which had highlighted several deficiencies. Further research had been undertaken but draft guidance and a risk index tool which had been expected a year ago had still not been received.

· Communications and Engagement:

- The capacity for iwi, hapū, trusts and marae to engage was challenging as Regional Council was also competing with other agencies and councils. Several tangata whenua led projects were being supported and were progressing.

- It was recognised that this was a difficult and complex space. There would be different levels of engagement for different audiences - some were already on the journey and had been for some time and some were new to it.

Key Points - Members

· Change to notification date:

- Supported the staff recommendation to change the notification date. Needed to do everything to limit or mitigate the risk.

- Concern was raised that the extra time may not be enough - should be advocating to the Ministry that the December 2024 deadline needed to shift.

· Amendments to NPS-FM and NES-F:

- There was some conflict between national policy directive instruments such as National Policy Statement for Urban Development (NPS-UD) versus National Policy Statement for Highly Productive Land (NPS-HPL) versus NPS-FM. A National Policy Framework was not expected for another five to ten years. The challenge would be how Regional Council managed the conflicts going forward.

· Communications and engagement:

- It was suggested that tangata whenua engagement included governance to governance.

- Needed to use the Komiti Māori platform more to drive this issue, and also use Regional Council co-governance forums.

- Work was underway in the Māori landscape in this space. Needed to provide whatever support was required in the workshops already happening.

- Needed to find a way to better communicate with lay people, particularly Māori.

- Farmers were already overburdened with forums – consider involving Dairy NZ or Fonterra as well to make it more meaningful for farmers, and include tangata whenua in those engagements.

Resolved

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.

Thompson/von Dadelszen

CARRIED

8.4

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

Presented by: Nassah Rolleston-Steed

Samantha Pottage - Planner

Key Points - Members

· Hearings Panel should have two if not three councillors– should be a Regional Council driven process.

· If there were two or more councillors, the Chair needed to be independent.

· The appointment of the Chair should be left to the Hearing Panel.

Resolved

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 two Councillors; one panel member with tikanga Māori expertise and one panel member with urban growth technical expertise.

5 Appoints two Councillors from the table in section 3.2 - Cr Jane Nees and Cr Paula Thompson - as members 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 and appoints Mr Rawiri Faulkner.

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 and appoints Mr Robert Scott.

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.

Leeder/Crosby

CARRIED

9. Consideration of Items not on the Agenda

Regulatory Policy

9.1

Bay of Plenty Regional Council Natural and Built Environment Bill and Spatial Planning Bill Submissions

Presented by: Namouta Poutasi - General Manager, Strategy and Science

Julie Bevan - Policy and Planning Manager

Resolved

That the Strategy and Policy Committee:

2 Endorses and confirms for lodgement of the Bay of Plenty Regional Council submissions on the Natural and Built Environment Bill and the Spatial Planning Bill.

3 Notes that if any changes result from this meeting and/or minor editorial changes or corrections are required to the Bay of Plenty Regional Council submissions, these will be incorporated before lodgement with the approval of the Strategy & Policy Committee Chair.

4 Endorses and confirms for lodgement the Bay of Plenty councils’ submission on the Natural and Built Environment Bill and the Spatial Planning Bill.

5 Notes that any changes resulting from this meeting and/or from further partner feedback will be incorporated before lodgement with the approval of the Strategy & Policy Committee Chair.

Thompson/Macmillan

CARRIED

20. Closing Karakia

A closing karakia was provided by Cr Te Taru White.

1.30 pm – the meeting closed.

Confirmed

Cr Paula Thompson

Chairperson, Strategy and Policy Committee



Report To:	Strategy and Policy Committee
Meeting Date:	16 May 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

· National Policy Statements and National Environmental Standards Updates

· Climate Change

· Strategy and Policy Committee Work Programme

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment.

1. Introduction

This report provides a briefing on the range of Government reforms and legislative change proposals that might impact on the future scale and scope of our work. Also included in the report is a summary of the Strategy and Policy Committee Work Programme 2023 which sets out the process stages for proposed changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) 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 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 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 closed in February 2023 and the Parliament’s Environment Committee has been reviewing the submissions and holding public oral hearings which our Council presented to in March.

The Environment Committee will likely release its recommendations later in May 2023 and the Ministry for the Environment (MfE) are anticipating the Natural and Built Environment Bill and the Spatial Planning Bill to be passed in mid-2023.

MfE are planning for the next stages of the resource management system reform and developing the National Planning Framework (NPF) and have indicated that:

· Soon after the new legislation comes into force the Government will release a draft NPF, which will provide more detailed national direction on how decision-makers in the new resource management system will give effect to the new legislation. The intention is that this comes into effect in early 2025.

· The NPF will comprise a single, cohesive and coherent body of national regulation to direct regional planning committees to prepare regional spatial strategies and Natural and Built Environment plans and local authorities to undertake consenting in the new resource management system. 

· Resource management reforms will play an instrumental role in planning for natural hazards. The NPF will provide national direction on risk reduction and resilience to natural hazards and the effects of climate change. The NPF will guide regions on how to undertake risk assessments, respond to, and prepare for future hazard and climate events, supporting consistency across the country.

· The first NPF is intended to provide high-level direction for regional planning committees to support strategic direction and identification of natural hazards at the regional level and consideration of strategic opportunities to improve resilience.

It is anticipated that there will be approximately a 10-year transition pathway to implement the next Acts and the RMA requirements will cease over time, region by region, as the new National and Built Environment plans come online.

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

2.1.1 National Policy Statements and National Environmental Standards Updates

2.1.2 National Policy Statement for Renewable Electricity Generation, National Policy Statement for Electricity Transmission and National Environmental Standards for Electricity Transmission Activities

The Ministry of Business, Innovation and Employment (MBIE) along with the Ministry for the Environment (MfE) is asking for feedback on proposals to strengthen government direction for consenting renewable electricity infrastructure.

The proposals provide more enabling policy direction for renewable electricity infrastructure development particularly wind and solar generation and transmission projects.

The proposals relate to a package of national direction instruments under the Resource Management Act (1991). This covers the existing:

· National Policy Statement for Renewable Electricity Generation

· National Policy Statement for Electricity Transmission

· National Environmental Standards for Electricity Transmission Activities

It also proposes a new National Environmental Standards for Renewable Electricity Generation. MfE states why the changes are required:

· Current national direction was developed before emissions reduction targets were incorporated into New Zealand law and no longer supports the pace and scale of development required to decarbonise our economy.

· Competing interests with other important environmental considerations, such as valued landscapes and indigenous biodiversity, have been an issue with past project consenting. The consultation proposes options for nationally consistent ‘consenting pathways’ to guide how environmental impacts are balanced against the need for renewable electricity development.

MBIE states that the government is proposing to strengthen the national direction on renewable electricity generation and transmission under the RMA across the following key areas:

· Providing for the national significance of renewable electricity generation and electricity transmission.

· Creating consent pathways where there are potential adverse effects on significant environmental values.

· Better enabling renewable electricity and transmission where there are potential adverse effects on other areas, including effects on local amenity.

· Recognising and providing for Māori interests.

· Upgrading and repowering existing wind and solar generation.

· Providing for small and community scale renewable electricity generation.

· Improving the workability and scope of the national environmental standard for electricity transmission activities.

Consultation on these matters closes on 1 June 2023 and Councillors will be asked to review any staff feedback prepared.

2.1.3 National Environmental Standard for Sources of Human Drinking Water (NES-DW)

In early 2022 MfE undertook public consultation on proposed changes to the National Environmental Standard for Sources of Human Drinking Water (NES-DW). MfE considered the submissions on the NES-DW and developed policy options that were reported to Cabinet in late 2022. They are now working on drafting the changes to the NES-DW and indicated that the finalised policy will be available on the Ministry’s website later this year.

Further information about the amendments to strengthen the NES-DW that are anticipated later this year are included in this Committee Agenda Essential Freshwater Policy Programme Update report.

2.2 Climate Change

There are a number of key policy developments and initiatives currently underway, primarily at a national level:

· In March 2023, Intergovernmental Panel for Climate Change (IPCC) released the Synthesis Report of its Sixth Assessment (AR6) which draws on the current global science on climate change and explains how the changing climate impacts the world we live in, now and in the future, as well as addressing options for reducing emissions. NIWA is in the process of downscaling the latest IPCC climate change projections from AR6 to provide updated national climate projections for Aotearoa New Zealand – this is expected to be completed in 2024.

· As part of a series of stakeholder meetings, Climate Change Commission staff recently met with BOPRC staff to discuss the Commission’s approach to the monitoring of Government’s implementation of the National Adaptation Plan (advice due to be delivered in August 2024).

· The Climate Change Commission is also consulting on its draft advice to inform the strategic direction of the Government’s second emissions reduction plan, covering Aotearoa New Zealand’s 2026–2030 emissions budget. The consultation closes on 20 June. Staff will be preparing a high-level submission.

· Minister of Climate Change, James Shaw, recently released the Climate Change Commission’s second annual advice on NZ Emission Trading Scheme (NZETS) unit limits and price control settings, covering the period 2024 – 2028. The Commission recommended a series of changes to the NZETS in order to stay on track for meeting national emissions reductions targets. The Government is currently reviewing the New Zealand Emissions Trading Scheme to assess if changes are needed to provide a stronger incentive for businesses to transition away from fossil fuels, while also supporting greenhouse gas removals.

· Ministry for the Environment has been holding initial discussions around development of the Climate Action Portal, as signalled in both the National Adaptation Plan and the Emissions Reduction Plan. Further detail will be available once funding for the first 12 months has been secured.

· Ministry of Transport is consulting on their EV Charging Strategy which is intended to provide certainty to all parties about the role Government will play in supporting EV charging infrastructure. Consultation closes on 11 May.

· Ministry for Business, Innovation and Employment is currently consulting on strengthened national direction on renewable energy. The proposals are around providing a consenting process for renewable electricity generation and transmission that is more efficient, certain and environmentally sustainable (separate to the wider resource management reforms). Further detail is outlined in section 2.1.2 of this report.

· Under the resource management reforms, the draft Climate Change Adaptation Bill is expected to be introduced into Parliament in the next two to three months (the Spatial Planning Bill and Natural and Built Environments Bill are currently in the Select Committee process).

At a regional level, the Bay of Plenty Regional Climate Change Risk Assessment was publicly released at the Mayoral Forum on 21 April, with the outputs available on the BOPRC website:

https://www.boprc.govt.nz/environment/climate-change/regional-risk-assessment

There will be further discussion around progressing this work at a local level at the next Mayoral Forum on 11 August, informed by input from the Risk Assessment Technical Working Group.

2.3 Strategy and Policy Committee Work Programme

The Strategy and Policy Committee Work Programme for the Strategy and Policy Committee Meetings and Workshops for 2023 are set out in Attachment One.

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 Work Programme ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	16 May 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 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 (NPS-UD) to the Bay of Plenty Regional Policy Statement seeks to fulfil Council’s statutory obligations under the National Policy Statement on Urban Development 2020.

Proposed Change 6 (NPS-UD) was publicly notified on 9 August 2022 and submissions closed on 6 September 2022. The ‘Summary of Decisions Requested’ was publicly notified on 24 January and submissions closed on 10 February 2023. Council received 34 submissions and 13 further submissions. All further submissions were made by original submitters.

At its meeting on 14 February 2023 Regional Council established a Hearing Panel under section 34 of the Resource Management Act. The Hearing Panel have been given delegated authority to hold and conduct hearings and to provide a written report and recommendations on submissions. Regional Council has appointed two Councillors; Cr Jane Nees and Cr Paula Thompson, alongside a panel member with tikanga Māori expertise; Mr Rawiri Faulkner, and a panel member with urban growth technical expertise; Mr Robert Scott.

This report provides a progress update on Proposed Change 6 (NPS-UD) and seeks the appointment of a Hearing Panel Chairperson. Hearing Panel members who are Chair Endorsed are Cr. Nees and Mr Robert Scott.

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 Confirms Mr Robert Scott as Chairperson for the Hearing Committee for the reasons set out in section 2.2 of this report.

1. Introduction

Proposed Change 6 (NPS-UD) was publicly notified on 9 August 2022 and submissions closed on 6 September 2022. The ‘Summary of Decisions Requested’ was publicly notified on 24 January and further submissions closed on 10 February 2023. Council received 34 submissions and 13 further submissions. All further submissions were made by original submitters.

Proposed Change 6 (NPS-UD) seeks to fulfil Council’s statutory obligations under the National Policy Statement for Urban Development relating to urban intensification, responsive planning and 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 a Regional Policy Statement 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 (NPS-UD) contributes to the Healthy Environment, and Vibrant Region Community Outcomes in Council’s Long-Term Plan 2021-2031. Proposed Change 6 (NPS-UD) 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 (NPS-UD). Providing for sufficient development capacity is essential to meeting the needs of the community 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. Update on Proposed Change 6 (NPS-UD) Process

This section of the report provides an update on the hearing process and recommends appointing a Hearing Panel Chairperson.

2.1 Hearing of Submissions

Staff have arranged for the Hearing of Submissions to commence from Wednesday 21^st June through to Friday 23^rd June. The hearing venue is Conference Rooms 1 & 2 (which opens out into one large open space) at The Atrium Café and Conference Centre located at 252 Otumoetai Road, Tauranga. The venue also includes screens and Wi-Fi to allow for virtual presentation of submissions. The Hearings will commence from 10am, allowing Council and venue staff time to ensure the space is set up from venue open time at 9am.

2.2 Chairperson Appointment

At its meeting on 14 February 2023 Regional Council established a Hearing Panel under section 34 of the Resource Management Act and delegated the Hearing Panel authority to hold and conduct the hearings process, and to provide a written report and recommendations on submissions. The four panel members are Cr Jane Nees, Cr Paula Thompson, Mr Rawiri Faulkner and Mr Robert Scott. Cr Nees and Mr Robert Scott are Chair Endorsed.

Two key points were raised at this meeting relevant to the appointment of a Chairperson, as at section 8.4 of the Strategy and Policy Committee Meeting Open Minutes:

· If there were two or more Councillors, the Chair needed to be an independent.

· The appointment of the Chair should be left to the Hearing Panel.

Considering these points, and those panel members who are Chair endorsed, staff recommend that Mr Robert Scott be appointed as the Hearing Panel Chairperson.

Mr Robert Scott comes equipped with extensive experience in Chairing Council hearings including urban growth Plan Change 5 Council and Private Plan Change 73 (O’Hara, Waiuku) both to the Auckland Unitary Plan, Private Plan Change 73 is the first plan change to consider the National Policy Statement for Highly Productive Land 2022.

3. Considerations

3.1 Risks and Mitigations

There is low risk associated with Proposed Change 6 (NPS-UD). 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 (NPS-UD) follows Ministry for the Environment guidance material on responsive planning criteria. Previous direction from the Strategy and Policy Committee has limited Proposed Change 6 (NPS-UD) to ‘only doing what we need to do’. Staff have engaged early and widely through a meaningful consultation process. As it relates to the Hearing process, The conference rooms booked at Atrium Café and Conference Centre open out into one large space to cater to all participants. The conference room also includes screens and Wi-Fi connection to allow online participation by submitters. To mitigate any risks legal advice has and will continue to be sought in relation to legal questions arising from submission points.

3.2 Climate Change

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

3.3 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 Māori;

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

· Providing opportunities for Māori involvement in decision-making on resource consents, designations, heritage orders, and water conservation orders, including in relation to sites of significance to Māori and issues of cultural significance; and

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

Proposed Change 6 (NPS-UD) 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.

Additionally, Mr Rawiri Faulkner has been appointed as a panel member with expertise in tikanga Māori. Mr Rawiri Faulker is a qualified environmental hearing commissioner who has held senior roles in Local Government and Crown Agencies and is currently employed by Ngāti Toa Rangatira as Partnership Manager on the Te Aranga Alliance.

3.4 Community Engagement

INFORM

Whakamōhio

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

Consultation and feedback were sought throughout the process of drafting Proposed Change 6 (NPS-UD). 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.

All further submissions were provided by original submitters and were accepted. Staff have updated the Proposed Change 6 (NPS-UD) webpage to ensure that the community is up to date with the process. Additionally, staff have also sent letters to those submitters who wish to be heard advising of the times and dates scheduled for the hearing, and a hearing status form providing opportunity for flexibility on the presenting of their submissions.

3.5 Financial Implications

There are no material unbudgeted financial implications and this Proposed Change 6 (NPS-UD) fits within the allocated budget. Proposed Change 6 (NPS-UD) 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 Committee costs (Commissioners).

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

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.

4. Next Steps

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

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

Staff are preparing the Planners Recommendation Report and a subsequent s32(2)(A) evaluation report in preparation for hearing. The Council reports will be made available to submitters on 6 June 2023. Further submitter evidence in response to staff recommendations on submissions can be provided anytime prior to the hearing or can be provided in hard copy on the day of hearing. Staff are liaising with submitters and scheduling the submitter presentations for the hearing dates.

Timeframe	Action
April - June 2023	Staff prepare recommendations in response to submissions received, reporting on this is due on 6 June 2023. Meetings may occur with submitters to clarify relief sought.
Late June to Late July	Hearings held on 21^st, 22^nd and 23^rd June. Hearings Panel deliberates are set for 19^th and 20^th July to make 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.



Report To:	Strategy and Policy Committee
Meeting Date:	16 May 2023
Report Writer:	Nassah Rolleston-Steed, Principal Advisor, Policy & Planning
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	Seek approval to commence broader external consultation with tangata whenua, affected landowners and stakeholders.

Draft Proposed Change 8 (NPS-HPL) to the Bay of Plenty Regional Policy Statement

Executive Summary

Staff workshopped the key implications of the National Policy Statement for Highly Productive Land 2022 at the Strategy and Policy Committee workshop on Tuesday 28 March 2023. At that workshop staff foreshadowed presenting this report with the project plan and communication and engagement plan for formal adoption. Staff seek mandate to commence broader external consultation with tangata whenua, affected landowners and stakeholders to ensure the NPS-HPL consultation requirements are met.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Draft Proposed Change 8 (NPS-HPL) to the Bay of Plenty Regional Policy Statement.

2 Approves the timeframes and process for developing Draft Proposed Change 8 (NPS-HPL) to the Bay of Plenty Regional Policy Statement up to the point of public notification for submissions.

3 Notes the draft proposed maps of highly productive land will be reported to the Strategy and Policy Committee for approval in the third quarter of 2023.

4 Approves staff to commence tangata whenua, community, landowner and stakeholder consultation for Draft Proposed Change 8 (NPS-HPL) to the Bay of Plenty Regional Policy Statement.

1. Introduction

The National Policy Statement for Highly Productive Land 2022 (NPS-HPL) took effect on the 17 October 2022. Its primary objective is the protection of highly productive land for use in land based primary production, both now and for future generations. Land-based primary production means production from agricultural, pastoral, horticultural, or forestry activities, that is reliant on the soil resource of the land.

The NPS-HPL seeks to enhance the protection of Aotearoa’s most productive land, whilst still allowing for some development of highly productive land in limited circumstances (for example, on specified Māori land and land subject to permanent or long-term constraints). The NPS-HPL is a response to the issue of productive and being lost to housing developments and lifestyle blocks and is intended to complement the National Policy Statement for Urban Development 2020 (NPS-UD).

The NPS-HPL directs urban development away from highly productive land by preventing inappropriate rezoning, subdivision, and use of highly productive land. The direction includes avoiding rezoning and subdivision for the creation of rural lifestyle blocks.

1.1 Legislative Framework

National Policy Statements (NPSs) enable central government to set out objectives and policies relating to matters of national significance. NPSs guide local resource management decision making that RPS, regional and district plans are required to give effect to them under sections 62(3), 67(3) and 75(3) of the Resource Management Act 1991 (RMA).

The NPS-HPL policies require additional focus on a number of themes including recognition of the value of highly productive land and protecting it from inappropriate use, integrated management, mapping of highly productive land, prioritising land-based primary production.

The NPS-HPL requires regional councils map all highly productive land in the region within 3 years (i.e. by 17 October 2025). RPS mapping to identify highly productive land in the region must be done in collaboration with the region’s territorial authorities (TAs) and in consultation with tangata whenua. Regional Council must actively involve tangata whenua to the extent they wish to be involved.

The NPS-HPL contains directive threshold criteria in Clause 3.6 for proposals involving urban rezoning of highly productive land. The introduction of the NPS-HPL in combination with existing provisions in the RPS relating to avoiding the loss of versatile land, sets a substantial threshold to be achieved in order to allow urban rezoning of highly productive land to occur. An exception applies to land which territorial authorities have identified for future urban development prior to this NPS-HPL coming into force.

The NPS-HPL adds an additional element to be considered while undertaking other policy work required to implement the NPS-FM and NPS-UD. Regional policy statements, regional and district plans must give effect to national policy statements, which means that the full suite of national direction needs to be considered as policy is developed. This includes resolving tensions between competing values identified in different national policy statements, through consideration in a regional (or more specific) context.

The RPS highly productive land mapping to be undertaken will also inform and fit in with other policy development in future, such as mapping for a Regional Spatial Strategy which will be required following resource management reform.

The region’s territorial authorities must include maps of highly productive land in their district plans no later than six months after the RPS highly productive land maps become operative. The process to amend district plans is subject to section 55(2) of the Resource Management Act 1991 which avoids the need to go through a Schedule 1 submissions and hearings process.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
The Way We Work	We honour our obligations to Māori.

Draft Proposed Change 8 (NPS-HPL) is in direct response to central government direction that Regional Council must publicly notify for submissions by the 17 October 2025 deadline.

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

The purpose of Draft Proposed Change 8 (NPS-HPL) is to achieve the purpose of the NPS-HPL which involves directing new housing development away from highly productive land, where possible. Preventing inappropriate subdivision, use and development will ensure the availability of highly productive land for food and fibre production.

2. Purpose of Proposed Change 8 (NPS-HPL)

Proposed Change 8 (NPS-HPL) purpose is to implement the highly productive land mapping requirements under Policy 3 and Clause 3.4 of the NPS-HPL. Other amendments to the RPS rural growth management provisions will also be necessary to align with NPS-HPL terminology and policy nuances.

2.1 Key objectives

Proposed Change 8 (NPS-HPL) will contribute to achieving NPS-HPL Objective 2.1 and existing RPS rural growth management Objective 26, by implementing NPS-HPL Policy 3 for the RPS.

Objectives

NPS-HPL Objective 2.1: Highly Productive Land is protected for use in land based primary production, both now and for future generations.

RPS Objective 26: The productive potential of the region’s rural land resource is sustained and the growth and efficient operation of rural production activities are provide for.

NPS-HPL Policy 3: Highly productive land is mapped and included in regional policy statements and district plans.

2.1.1 Project Plan and Communication and Engagement Plan

This project covers stages and timeframes up to the point of publicly notifying Proposed Change 8 (NPS-HPL) for submissions. A Project Plan and Communication and Engagement Plan have been developed in liaison and with input from both the Communications and Te Amorangi teams. These plans set out the key project stages, steps, milestones and dates and are included as attachments to this report.

The NPS-HPL requires that Regional Council must notify an RPS change to implement its requirements no later than 17 October 2025. Once the project enters the Schedule 1 submissions process the steps set out in the plan change process manual must be followed. This involves regular project update reports to the Strategy and Policy Committee as well as any key directions sought.

3. Considerations

3.1 Risks and Mitigations

There is low risk associated with progressing Draft Proposed Change 8 (NPS-HPL) as regional council are required to implement the highly productive land mapping requirements. This change is required to implement the National Policy Statement for Highly Productive Land which is a national direction requirement that must be implemented. Staff have engaged early with the region’s territorial authorities. Consultation has resulted in feedback requesting regional council commence early engagement with tangata whenua particularly in the Ōpōtiki and Kawerau districts. Staff consider there is greater risk in delaying tangata whenua and external stakeholder and landowner consultation as it will reduce time available for meaningful engagement.

3.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Existing Regional Policy Statement climate change provisions will continue to apply to growth management considerations in so far as they relate to highly productive land. In particular Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’ will continue to apply.

3.3 Implications for Māori

The NPS-HPL requires Toi Moana to actively involve tangata whenua (to the extent they wish to be involved) in giving effect to its RPS highly productive land mapping requirements.

Clause 3.3(2) provides direction on what actively involve constitutes in relation to tangata whenua consultation being:

1. Early, meaningful and, as far as practicable, in accordance with tikanga Māori; and

2. Undertaken at the appropriate levels of whānau, hapū and iwi decision-making structures, recognising that:

i. Some delegates will have to represent the interests and perspectives of more than one group; and

ii. Some committees are not always fully representative of every iwi and hapū in the region; and

iii. Each constituent group will continue to be entitled to make submissions on notified plans and retain all other rights to be heard and have standing for appeals.

Specified provisions are included in the NPS-HPL in response to consultation undertaken with iwi and Māori in developing the draft NPS-HPL. Highly productive land comprises approximately 9% of Māori customary and freehold land (113,200 ha) nationally. This equates to approximately 3% of highly productive land nationally. Another 32,160 ha of Treaty Settlement Land is LUC 1-3, however most of this land was returned as general title land and will be subject to NPS-HPL protection mechanisms.

In the NPS HPL ‘specified Māori land’ means land that is any of the following:

(a) Māori customary land or Māori freehold land (as defined in Te Ture Whenua Māori Act 1993):

(b) land vested in the Māori Trustee that—

(i) is constituted as a Māori reserve by or under the Māori Reserved Land Act 1955; and

(ii) remains subject to that Act:

(c) land set apart as a Māori reservation under Part 17 of Te Ture Whenua Māori Act 1993 or its predecessor, the Māori Affairs Act 1953:

(d) land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7 of the Te Urewera Act 2014):

(e) the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:

(f) land held by or on behalf of an iwi or hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of the mana whenua over the land.

Land that is rezoned a Māori purpose zone, or included within a Māori purpose zone, is not highly productive land because land is only highly productive land if it is zoned general rural or rural production zone or equivalent.

An effect of these provisions is some iwi and hapū are looking to change the status of highly productive rural zoned land to Māori freehold land (as defined in Te Ture Whenua Māori Act 1993) to avoid the high protection requirements under the NPS-HPL. This is in response to the NPS-HPL restricting the ability to develop papakāinga on general title land owned by iwi or hapū.

This report seeks mandate to commence tangata whenua, stakeholder, landowner and community consultation in line with consultation provisions in the RPS. For example Method 41 ‘Promote consultation with potentially affected tangata whenua’ which states:

Promote consultation with tangata whenua and any other parties affected:

(a) Early in a proposal development and, as appropriate, to continue this consultation during the implementation of any consented activity; and

(b) As the occasion may dictate, in accordance with tikanga Māori (consultation may be through tribal federations or runanga, iwi authorities, hapū or whānau, depending on the issue).

Implementation responsibility: Regional council and city and district councils.

3.4 Community Engagement

CONSULT

Whakauiuia

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

A Communication and Engagement Plan has been developed in liaison and with input from both the Communications and Te Amorangi teams. The purpose of this report is to provide staff with mandate to commence tangata whenua, stakeholder, landowner and community consultation in line with its own consultation policies. In particular RPS Policy IR 4B ‘Using consultation in the identification and resolution of resource management issues’ which sates:

Encourage the timely exchange, consideration of, and response to, relevant information by all parties with an interest in the resolution of a resource management issue by:

(a) Consulting as widely as practicable in the preparation, implementation and review of policy statements and plans;

(b) Consulting all potentially affected parties and interest groups in the planning, implementation and review of councils’ own operational activities in relation to the use, development and protection of natural and physical resources; and

(c) Encouraging all parties undertaking resource use, development and protection activities to consult with others who may be affected.

The NPS-HPL also requires that regional council must collaborate with the region’s TAs when preparing highly productive land maps in the RPS. Initial discussions with the relevant Policy and Planning staff at the region’s TAs commenced at the Regional Planners Forum hui in Ōpōtiki on 18 November 2022. At that hui there was initial interest in establishing a sub-group of TA Policy staff to develop generic provisions for inclusion in district plans to give effect to the NPS-HPL. The idea of appointing a single Hearing Panel to consider and hear submissions on the RPS and district plan changes to give effect to the NPS-HPL was also socialised. While noting that is a decision for elected officials, staff consider there is merit is considering such an approach from an efficiency and effectiveness perspective. Particularly if generic district plan highly productive land provisions are adopted by the region’s TAs.

Meetings have been scheduled with Opotiki District Council staff to discuss areas they are considering for urban growth spatial planning and ways and means these can be factored into the RPS highly productive land mapping exercise. They are also concerned about the impacts of RPS highly productive land mapping on Maori land development opportunities in the Opotiki district.

Taupo District Council have no highly productive land in their part of the district which is in the Bay of Plenty region. On that basis their planning staff have opted out of the RPS highly productive land mapping meetings with TAs in the Bay of Plenty region.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. Draft Proposed Change 8 (NPS-HPL) is under the Regional Planning activity. The costs for this process involves staff time, consultancy and legal fees. Legal input and reviews are intended to be accommodated in house but depending on the scale and nature of submissions may need to be outsourced. Future costs (such as hearings and the Schedule 1 process) are accommodated within the Long-Term Plan 2021-2031 budget. Costs for the Schedule 1 process are administrative (e.g., public notification, printing), staff time, and Hearing Panel costs (Commissioners). These costs are typical of RPS change processes and similar to those for Proposed Change 6 (NPS-UD) which is proceeding to hearings in June 2023 and the freshwater RPS changes which give effect to the NPSFM 2020. Those RPS changes similarly stem from recent central government directives and fit within the allocated budget for the 2022/2023 and 2023/2024 years.

3.5.1 Future Budget Implications

Additional funding may be required if an appeal requires a court hearing to resolve. Staff will assess whether the budget is sufficient if/when an appeal is received.

4. Next Steps

The scope of Draft Proposed Change 8 (NPS-HPL) is focused primarily on implementing the NPS-HPL RPS highly productive land mapping requirements. It will also include changes to existing RPS rural growth management provisions to align with the NPS-HPL. This includes changing Versatile Land references to Highly Productive Land along with other minor policy amendments that ensure alignment with the NPS-HPL.

This project covers stages and timeframes up to the point of publicly notifying Proposed Change 8 (NPS-HPL) for submissions. Once the project enters the Schedule 1 submissions process the steps set out in the plan change process manual must be followed. This involves regular project update reports to the Strategy and Policy Committee as well as any key directions sought.

The project plan sets out they key project stages, more detailed steps and timeframes within each stage however a redacted summary of key project milestones and steps is as follows:

Milestone	Date
Strategy and Policy Committee Workshop Proposed Change 8 (NPS-HPL) – to inform on NPS-HPL implications for regional council and initial planning underway to give effect to its requirements.	28 March 2023
Commence preparation of first draft RPS highly productive land maps and track changes version showing amendments to RPS rural growth management provisions.	May 2023
Commence external stakeholder, iwi/hapū/Māori land trusts consultation.	May 2023 – ongoing until public notification to commence Schedule 1 process
Strategy and Policy Committee approve Draft Proposed Change 8 (NPS-HPL) highly productive land maps and proposed changes to RPS rural growth management provisions	Final quarter 2023
Regional Council approves Proposed Change 8 (NPS-HPL) for public notification	First quarter - mid 2024
Proposed Change 8 (NPSHPL) notified for submissions	Third or fourth quarter 2024
Change 8 (NPS-HPL) made operative	Mid – fourth quarter 2026

Attachments

Attachment 1 - Project Plan for Proposed Change 8 (NPS-HPL) to the Bay of Plenty Regional Policy Statement ⇩

Attachment 2 - Communication and Engagement Plan for Proposed Change 8 (NPS-HPL) to the Bay of Plenty Regional Policy Statement ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	16 May 2023
Report Writer:	Nicola Green, Principal Advisor, Policy & Planning; Julie Bevan, Policy & Planning Manager and Stephen Lamb, Environmental Strategy Manager
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	To update Councillors on public engagement progress and also pending national regulations relating to freshwater.

Essential Freshwater Policy Programme Update

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 on a methodology to provide access points into the regional planning framework to ensure the RNRP can accommodate tangata whenua information and data that becomes accessible in the future. The recommendation is to incorporate a series of incremental changes into the plan design process towards implementation of the NPSFM (as previously presented to Councillors).

This report also provides an update on the following:

· Community engagement, which started in April and is progressing according to plan.

· Pending national regulation relating to freshwater (for Freshwater Farm Plans and also for protection of sources of human drinking water) that will be gazetted by August 2023. Council will need to ensure that RNRP plan changes in 2024 are consistent with these, or add more stringent requirements.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Essential Freshwater Policy Programme Update.

2 Agrees that the plan development process will include a methodology based on incremental change to ensure the regional plan can accommodate tangata whenua information and data that becomes accessible in the future.

1. Introduction

This report outlines a policy proposal to provide access points into the regional planning framework to ensure the RNRP can accommodate tangata whenua information and data that becomes accessible after 2024. Decision is sought on this.

This report also provides an update on public engagement, which launched in April, and on pending changes to national regulations relating to freshwater management.

1.1 Legislative Framework

The 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 3 months.

1.2 Alignment with Strategic Framework

A Healthy Environment

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

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

Freshwater for Life

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

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

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

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

The Way We Work

We honour our obligations to Māori.

We use robust information, science and technology.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

þ Economic

2. Community engagement

Awareness raising prior to public engagement on draft freshwater management issues and options started in February 2023. On-line engagement and community engagement events launched in April 2023. At the time of writing this report, four FMU drop-in sessions have been held. Attendance has ranged between 3-25 people. All events are promoted on the Bay of Plenty Regional Council web-site, and a publicity programme using Freshwater Flash, social media, local newspapers and radio advertising is progressing. Primary sector organisations are promoting the events and anticipate that more of their members will come to later events.

At this stage, a region-wide overview document and 13 FMU stories have been released as the key engagement collateral. During May and June, some more detailed issues and options reports, some draft plan change text, and technical reports will be made available on-line for those parties that want to dive deeper to understand and comment in more detail.

After the engagement period closes in September, a report summarising key feedback will be presented to this Committee.

3. Pending national regulations relating to freshwater

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

Table 1: Pending national changes relating to freshwater

Instrument/change	Release Dates
Freshwater Farm Plan (FWFP) regulations	Likely gazettal May 2023.
Amendments to the National Environmental Standards for Sources of Human Drinking Water 2007 (NES-DW)	Likely gazettal between May-August 2023 (originally stated as mid-late 2022).
Amendments to the National Environmental Standards for Plantation Forestry 2017	Likely gazettal uncertain.

3.1 Freshwater Farm Plan Regulations

As we understand it, the Freshwater Farm Plan (FWFP) regulations will be gazetted in May and will start coming into effect in some regions (including Waikato and Southland) immediately, and later in other regions. FWFP will need to be prepared for all farms over 20 ha and horticulture over 5 ha by the end of 2025.

Decisions on how the sequencing is to occur will need to be made shortly as these will be locked in by Order in Council, likely sometime in August of this year. Staff continue to request that Bay of Plenty Regional Council should be one of the later Councils to initiate (as per previous advice). However, we are aware this is the preference of many/most Councils, and there is an expectation that the regional sector will work together to spread the implementation evenly across the two and a half years.

Council will need to advise farmers and growers about when they need to begin developing a FWFP. Te Uru Kahika (the Regional Sector) is working together to prepare templates, resources and promotional materials for all regional councils to use.

The final text of the regulations was not available to review at the time of writing this report. A key consideration for the EFPP is whether and how to include more stringent or specific provisions in the freshwater related plan changes in order to achieve water quality objectives. Staff are progressing thinking and assessment on this but need to see the regulations to advance properly.

Implementation plans for the FWFP regulations will be reported to the Monitoring and Operations Committee. If further information about Freshwater Farm Plan regulations is received prior to the Strategy and Policy Committee meeting, a verbal update will be provided.

3.2 Protection of Sources of Human Drinking Water

Amendments to strengthen the National Environmental Standard for Sources of Human Drinking Water (NES-DW) are anticipated by August this year.

Regional councils will be required to map source water risk management areas (SWRMA) for all takes providing water to more than 500 people (amended from earlier proposals relating to water supplies for 2 or more parties), using a default or bespoke approach, establishing the following three categories of land areas in terms of proximity to a source water take, and of risk to water quality:

· SWRMA 1 is the immediate area around the source water take (intake).

· SWRMA 2 is a larger area where activities need to be managed to mitigate more medium-term risks of contamination to source water. The size of this area will vary because it is based on the time it takes for water to flow to the intake.

· SWRMA 3 is the entire catchment area or capture zone for source water at the intake. Persistent contaminants and long-term risks are the management focus in this area.

There will be activity controls and minimum requirements for specific high-risk activities in SWRMA 1 and 2, which regional councils must implement via consenting and compliance. No additional restrictions are proposed in SWRMA 3, as current requirements under the RMA are considered adequate.

Administrative costs that will be faced by regional councils include:

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

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

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

It is possible these regulations may also create a need to set additional policies and rules in the RNRP to protect water quality of these drinking water sources.

4. Planning methodology to support Kaupapa Māori into the future

Staff have presented the idea of providing access points into the regional planning framework to ensure a future ready RNRP that can accommodate tangata whenua information and data. This has been called the “portals” approach. Under the NPSFM and Te Mana o Te Wai there is an implicit assumption that specific cultural values and attributes (such as those that identify mahinga kai) would be generated from within tangata whenua knowledge systems and would be accessible through engagement with iwi/hapū. To date the response to this challenge has been mixed.

The attached paper explores the idea at a broad scale. Further consideration of this concept by staff has identified a recommended approach of incorporating “incremental movement” portals into the plan design process. The term “incremental movement” is used in relation to the status quo planning approach. Each of these movements contributes to addressing the issue and can be implemented individually or together to deliver a greater result.

Incremental Movement portals are:

1. Enhanced Iwi Management Plans (support for tangata whenua cultural values documentation to a greater level of specificity)

2. Enhanced consultation (creation of policy that requires greater attention to cultural values)

3. Enhancement to discretionary consenting (for example to enhance matters of control and discretion and to provide greater emphasis on considering “cultural values” in consents)

4. Commitment to plan changes (to enable the direct incorporation of cultural material into the RNRP. The timeframe for how this might be implemented has not been determined).

The above will all be tested through the plan design process and will be subject to Council’s decision-making processes. There is an explicit reliance on Long Term Plan (LTP) funding to support items 1 and 4 above and this will need to be considered under the LTP development process.

The attached paper also contains a number of options for moderate and large movement^{^[1]} away from the status quo. These may be considered where specific issues are identified. For example, the lack of cultural value information may be a matter in support of a conservative limit that is needed in response to another resource management issue. However, detailed costs/benefits and Committee decisions would be required to support their introduction into the policy framework.

5. Considerations

5.1 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 relation to the pending national regulations, there are communications and implementation risks, and costs for Council, which can be addressed in the Risk and Assurance Committee. In relation to the EFPP, the key issue is that gazettal of these regulations has been delayed, and now leaves Council with a very constrained timeframe to develop and integrate draft RNRP provisions in order to meet freshwater objectives for Freshwater Management Units (FMUs). The release of the regulations in the middle of our public engagement period also creates additional communication challenges. It’s potentially a very confusing time for farmers and growers affected by multiple changes at once.

5.2 Climate Change

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

5.3 Implications for Māori

Current Kaupapa Māori work for the EFPP is focussed on delivering three Hui-a-Rohe, supporting a range of tangata whenua-led projects, and making connections to organisations and groups. Policy discussions around how to deliver the NPSFM in relation to tangata whenua interests are also progressing.

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 through 2023 and staff are maintaining a good faith approach to implementing the aspirations of the NPSFM.

5.4 Community Engagement

CONSULT

Whakauiuia

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

See section 2 above.

5.5 Financial Implications

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

6. Next Steps

1. Continue public communications and hold public engagement events and keep engagement records.

2. Summarise engagement feedback.

3. Continue to develop draft policy options, assessments and plan change text, including the portals approach to responding to Kaupapa Māori information that may become available after the proposed RNRP plan change is notified.

4. By mid-year, make draft policy issues and options papers, and some draft plan change text available to the public.

Attachments

Attachment 1 - Framework for a Future Focussed Plan - Portals ⇩

[1] Medium – for example, review of consents to incorporate cultural information, large – for example, use of conservative limits in the absence of cultural values.

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