Agenda of Strategy and Policy Committee

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.

Strategy and Policy Committee 8 August 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. Minutes

Minutes to be Confirmed

7.1 Strategy and Policy Committee Minutes - 16 May 2023 3

8. Reports

8.1 Operating Environment 3

Attachment 1 - Strategy and Policy Committee Work Programme 2023 3

8.2 Draft Rotorua Geothermal System Management Plan 3

Attachment 1 - Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Draft Rotorua Geothermal System Management Plan 3

8.3 Submission to the Rotorua Lakes Council Cemetery Reserve change of purpose proposal 3

Attachment 1 - Draft Submission 3

8.4 NPS-UD Change 6 to the Regional Policy Statement Update 3

8.5 Managing gold clam if it is discovered in the Bay of Plenty 3

8.6 National Policy Statement for Indigenous Biodiversity 3

8.7 Eastern Bay of Plenty Spatial Plan Project Update 3

9. Public Excluded Section

Resolution to exclude the public

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

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

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
9.1	Public Excluded Strategy and Policy Committee Minutes - 16 May 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
9.2	Freshwater Policy Programme: Direction for Regional Policy Statement and Regional Natural Resources Plan drafting	Withholding the information is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.	48(1)(d).	On the Chief Executive's approval.

Minutes to be Confirmed

9.1 Public Excluded Strategy and Policy Committee Minutes - 16 May 2023

Reports

9.2 Freshwater Policy Programme: Direction for Regional Policy Statement and Regional Natural Resources Plan drafting

Attachment 1 - Regional plan - Streamlined content

Attachment 2 - High-level working draft NPStds compliant RPS & RNRP structures

Attachment 3 - Draft RPS Policy Direction

10. Public Excluded Business to be Transferred into the Open

11. Readmit the Public

12. Consideration of Items not on the Agenda

Strategy and Policy Committee Minutes

16 May 2023

Strategy and Policy Committee

Open Minutes

Commencing: Tuesday 16 May 2023, 9.30 am

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

Chairperson: Cr Paula Thompson

Deputy Chairperson: Cr Kat Macmillan

Members: Cr Stuart Crosby

Cr Toi Kai Rākau Iti (via Zoom)

Cr Matemoana McDonald

Cr Jane Nees (via Zoom)

Cr Ron Scott

Cr Ken Shirley

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance: Staff: Namouta Poutasi - General Manager, Strategy and Science; Reuben Fraser – General Manager, Regulatory Services; Kataraina O’Brien - General Manager, Strategic Engagement (via Zoom); Antoine Coffin – Manager, Spatial Planning; Julie Bevan - Policy and Planning Manager; Nic Newman – Climate Change Programme Manager; Jane Palmer – Senior Planner Climate Change; Stephen Lamb – Environmental Strategy Manager; Stephanie Macdonald – Community Engagement Team Leader; Nassah Rolleston-Steed – Principal Advisor, Policy and Planning; Samantha Pottage – Planner; Jackson Efford – Principal Advisor, Land and Water; Steve Groom – Governance Manager; Jenny Teeuwen – Committee Advisor

External: Liz Davies – SociaLink

Apologies: Chairman Doug Leeder and Cr Malcolm Campbell for absence, Cr Matemoana McDonald and Cr Ken Shirley for late arrival

Committee members and the public were reminded that the public section of the meeting was being livestreamed and recorded and that the recording would be available on the Bay of Plenty Regional Council YouTube channel following the meeting.

Recording link: Strategy and Policy Committee Meeting 16 May 2023 - YouTube

1. Apologies

Resolved

That the Strategy and Policy Committee:

1 Accepts the apology from Chairman Leeder and Cr Campbell for absence, and from Cr McDonald and Cr Shirley for late arrival, tendered at the meeting.

Thompson/Winters

CARRIED

2. Declaration of Conflicts of Interest

There were none.

3. Minutes

Minutes to be Confirmed

3.1

Strategy and Policy Committee Minutes - 14 February 2023

Resolved

That the Strategy and Policy Committee:

1 Confirms the Strategy and Policy Committee Minutes - 14 February 2023 as a true and correct record.

Thompson/Macmillan

CARRIED

4. Presentations

4.1

Presentation - SociaLink

Presented by: Liz Davies

Presentation - SociaLink: Objective ID A4374929

Key Points

· Provided overview of SociaLink’s composition and purpose.

· SociaLink was co-governed.

· Highlighted current social trends in Tauranga and Western Bay of Plenty including:

- a particularly high cost of living

- housing affordability, lack of supply, and quality of houses

- increased demand for mental health services

- high number of child abuse and family violence notifications.

· Highlighted the effect the cost of living and Covid lockdowns had on community organisations and how this impacted social sustainability.

In Response to Questions

· It was difficult to get statistics from central government and mostly required official information requests. Information provided was not usually at a local level.

· Social value achieved in the procurement of goods and services could be viewed as a win/win when social and environmental benefits and outcomes were taken into account.

· A social lens to the mahi that Regional Council was doing could achieve more in terms of building cohesion and connections in communities.

· SociaLink were not aware of any similar organisations in Rotorua or the Eastern Bay of Plenty.

· SociaLink had allocated more resource for working with kaupapa Māori providers.

· Poorer and more disadvantaged communities were also the most vulnerable to climate change. More resourcing would be needed.

9.57am – Cr McDonald entered the meeting.

Resolved

That the Strategy and Policy Committee:

1 Requests that information be provided to Councillors regarding what organisations similar to SociaLink, if any, were operating in the Rotorua and Eastern Bay of Plenty areas.

Thurston/Thompson

CARRIED

5. Reports

5.1

Operating Environment

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

Julie Bevan - Policy and Planning Manager

Nic Newman – Climate Change Programme Manager

Jane Palmer – Senior Planner Climate Change

Stephanie Macdonald – Team Leader Community Engagement

10.02am – Cr Shirley entered the meeting

Key Points

· The following updates since writing the report were provided:

- The Environment Committee were now due to release their recommendations for the Spatial Planning Bill (SP Bill) and the Natural and Built Environments Bill (NBE Bill) at the end of June 2023, not May 2023.

- Although it was advised that there was the possibility that the Climate Adaption Act might not be introduced into Parliament in 2023, subsequent information received from the Ministry for the Environment (MfE) stated that the Ministry was continuing to develop the Climate Change Adaptation Bill, which was expected to be introduced to Parliament this year.

· Cr Crosby, as the President of Local Government New Zealand (LGNZ), provided updates on Taumata Arowai, Future for Local Government, and Water Services reform.

In Response to Questions

· Regional Council had not received any information or direction from central government regarding the proposed budget cuts to climate change initiatives, and would continue to focus on the current climate change work programme.

· The Ministerial Inquiry into woody debris (including forestry slash) and sediment in Tairāwhiti/Gisborne and Wairoa Report was location specific. Staff were reviewing the report and considering how best to bring information back to Councillors.

· It was important to have as much clarity as possible around overlapping pieces of national direction, and Regional Council would continue to emphasize this to central government in its submissions to policy reforms.

· The Climate Action Portal as signalled in both the Emissions Reduction Plan and the National Adaptation Plan was still being shaped up by MfE. There was currently no guaranteed funding for the portal.

· Freshwater community engagement sessions were targeted to individual Freshwater Management Units (FMU) and the population for some FMUs was only around 1,000 people so a smaller turnout at those sessions was expected. It was still early in the programme and it was expected that momentum would build and the community would become more interested as a more tangible awareness of what this would mean for them developed.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment.

Thompson/Winters

CARRIED

5.2

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 – Principal Advisor, Policy and Planning

Samantha Pottage - Planner

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

Thompson/Crosby

CARRIED

5.3

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

Presented by: Nassah Rolleston-Steed – Principal Advisor, Policy and Planning

In Response to Questions

· There was a requirement to consider interlinkages between the outcomes sought by the National Policy Statement for Highly Productive Land (NPS-HPL) and the National Policy Statement for Freshwater Management (NPS-FM). An example of how that might be applied was provided by the operative Regional Policy Statement (RPS) policy for protecting versatile land, that stated in the Lake Rotorua catchment, land use change to achieve reduced nutrient losses may justify over-riding protecting versatile land.

· The NPS-HPL contained specific clauses that provided for the operation, maintenance, and upgrade of specified infrastructure where there was a functional or operational need.

· The RPS mapping criteria in the NPS-HPL allowed for small areas of highly productive land to be excluded. As an example, Ōpōtiki District Council had asked for lots of one hectare or less in size to be excluded from the RPS highly productive land mapping.

· The threshold for identified future urban development was land envisioned as being available for development within ten years.

· Exclusions for specified Māori land were intended to enable Papakāinga housing in rural areas.

· Mapping highly productive land in the Bay of Plenty region would be based on Land Use Capability (LUC) classes one, two and three.

· Staff did not propose mapping any existing productive areas (i.e. kiwifruit orchards) on LUC four or above unless requested by the landowners.

· Regional Council was looking to engage an external consultant to proactively engage with Māori Land Trusts who had highly productive land so that they were aware of the work underway and its implications.

Resolved

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.

Thompson/White

CARRIED

10.40am – the meeting adjourned.

11.00am – the meeting reconvened.

5.4

Essential Freshwater Policy Programme Update

Presented by: Julie Bevan - Policy and Planning Manager

Stephen Lamb – Environmental Strategy Manager

Stephanie Macdonald – Team Leader Community Engagement

Jackson Efford - Principal Advisor, Land and Water

Presentation - Essential Freshwater Policy Programme: Objective ID A4375028

Key Points

· Provided data from online engagement to date.

· Provided update on drop-in sessions that had already been held and the dates for upcoming drop-in sessions and hui ā rohe.

· Summarised the national regulations for freshwater farms plans and protection of drinking sources.

· The dairy and kiwifruit industry were expected to play a key role in development and certification of farm plans in the Bay of Plenty but exactly how that would work was still being decided on by industry. This was an important issue to resolve and more certainty was required before agreeing on a farm plan phasing approach across the region. Regional Council were also considering requiring additional farm plan provisions. Ideally the phasing of farm plans ‘switching on’ would better align with the notification of the new Regional Plan requirements.

· Provided options for responding to Mātauranga Māori into the Regional Plan. Incremental movements were recommended and proposed mechanisms to achieve this were outlined. Medium and larger movements would need further legal examination and would need to come back to council as a policy option.

In Response to Questions

· Hui ā rohe would be chaired and facilitated, where necessary, by the Māori constituency Councillors.

· Engagement events had been scheduled for late afternoon/early evening to accommodate farmers and workers. Attendance numbers had been small but were expected to grow as people began to better understand what it meant for them.

· Different catchments had varying areas of concern.

· Iwi and hapū were beginning to realise the scale of current issues and that coming together on these issues mattered, and were looking for opportunities for collective action.

· Mātauranga Māori was encased in storytelling and observation, and could be described as knowledge systems that delivered information.

Resolved

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.

Thompson/Crosby

CARRIED

6. Public Excluded Section

Resolved

Resolution to exclude the public

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

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
6.1	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.

Thompson/Thurston

CARRIED

11.57 am – the meeting closed.

Confirmed

Cr Paula Thompson

Chairperson, Strategy and Policy Committee



Report To:	Strategy and Policy Committee
Meeting Date:	8 August 2023
Report Writer:	Julie Bevan, Policy & Planning Manager
Report Authoriser:	Antoine Coffin, Manager, Spatial Planning
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

· Overseer Update

· 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 recognise and provide for Te Mana o Te Wai (intrinsic value of water). Good decision making is supported through improving knowledge of our water resources. 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. We collaborate with others to maintain and improve our water resource for future generations.
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 honour our obligations to Māori. We use robust information, science and technology.

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 Select Committee reviewed the submissions and held public oral hearings which our Council presented to in March.

The Environment Select Committee released its reports on the NBE Bill and SP Bill to Parliament on 27 June 2023.

The Ministry for the Environment (MfE) summarised the significant changes recommended by the Select Committee to the NBE and SP Bills as:

• Enabling local voice – strengthening the NBE Bill to give more effect to local democracy through statements of community expectation

• Housing and infrastructure – improving planning and consenting provisions such as notification, designations and fast-track

• Fast-track consenting – a form of fast-track referral to consenting panels will continue during the transition from enactment of the NBE Bill to implementation of the new system by the regions. Fast-track was originally a temporary Covid response measure which will now continue to apply permanently for specified infrastructure and large housing developments

• Hydro schemes – all schemes with generating capacity of more than 5MW (covering 99 per cent of all capacity) will be able to apply for replacement consents with durations of up to 35 years

• Environment Court – like all courts, the Environment Court applies the law (including Te Tiriti o Waitangi provisions), but the Court is not constituted under the Treaty clause in the NBE Bill. This has been clarified in response to concerns raised by the Chief Justice

• Tree protection – new national direction allowing local authorities to better protect urban trees without overly constraining development and change.

2.2 National Policy Statements and National Environmental Standards Updates

2.2.1 National Policy Statement Indigenous Biodiversity

The National Policy Statement for Indigenous Biodiversity (NPSIB) was gazetted on 7 July 2023 and comes into force on 4 August 2023 and will be implemented over several years. A discussion document exploring a biodiversity credit system for Aotearoa New Zealand was also released and consultation closes on 4 November 2023.

Included in this Strategy and Policy Committee Agenda is an update on the NPSIB and outlines implications for Council.

2.2.2 NPS and NES for Greenhouse Gas Emissions from Industrial Process Heat

(i) NPS for Greenhouse Gas Emissions from Industrial Process Heat

The National Policy Statement (NPS) for Greenhouse Gas Emissions from Industrial Process Heat was gazetted on 29 June 2023 and came into force on 27 July 2023.

Changes were made to the RMA in November 2022 to enable regional and local authorities to consider the effects of greenhouse gas emissions on climate change.

The NPS purpose is to support councils in their decision-making on discharges to air of greenhouse gas emissions from industrial sectors using process heat. It sets out the national objective, and supporting policies and implementation requirements, to guide decisions on resource consents required under the National Environmental Standards for Greenhouse Gas Emissions from Industrial Process Heat.

The objective of this National Policy Statement is to reduce emissions of greenhouse gases by managing the discharges to air of greenhouse gases from the production of industrial process heat, in order to mitigate climate change and its current and future adverse effects on the environment and the wellbeing of people and communities.

To implement the objective and policies of the NPS regional councils must, in addition to meeting the requirements of the Resource Management (National Environmental Standards (NES) for Greenhouse Gas Emissions from Industrial Process Heat) Regulations 2023, implement or give effect to the objective and policies of this NPS. The changes to the regional plan required by the provisions of the NPS are amendments referred to in section 55(2) of the Resource Management Act (which, because of section 55(2A) of the Act, means that the changes must be made without using a process in Schedule 1 of the Act).

The amendments to the Regional Plan will be prepared in due course and reported to the Strategy and Policy Committee for confirmation of public notice of the amendments.

(ii) NES for Greenhouse Gas Emissions from Industrial Process Heat

The National Environmental Standards (NES) for Greenhouse Gas Emissions from Industrial Process Heat was gazetted on 29 June 2023 and came into force on 27 July 2023. This NES works alongside the NPS for Greenhouse Gas Emissions from Industrial Process Heat.

The standards set out nationally consistent rules for specific greenhouse gas emitting activities from industrial process heat. They also set out requirements for granting resource consents and setting resource consent conditions. They also describe specific requirements for the purpose, content and review of an ‘emissions plan’.

2.2.3 Judicial review of amendments to Essential Freshwater wetland provisions

A judicial review has been filed by Forest and Bird in relation to the National Policy Statement for Freshwater Management 2020 (NPSFM) and the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F). Forest and Bird challenge amendments made to the NPSFM and NES-F in December 2022 and February 2023 in respect of natural inland wetlands, and in particular the new consent pathways provided for in the amendments. The Minister is defending the claim.

2.3 Overseer Update

In July 2021 the Ministry for the Environment and the Ministry for Primary Industries released the results of an independent review by an independent Scientific Advisory Panel (SAP) of the Overseer model (Overseer whole-model peer review report). The findings of the review were that the Scientific Review Panel did not have confidence that the model could accurately predict nitrogen loss from farming activities.

The SAP Report contained a number of statements related to where Overseer might be used with more confidence (such as pasture land use and free draining soils) and where its use would have a lower level of confidence (such as on steep land).

Following this finding, and recognising the importance of the Overseer model, Central Government funding was put towards a redevelopment programme – supported by a Technical Advisory Group (TAG). The results of this process have been reported in the recently released document Responding to the Overseer model redevelopment review – A guide for councils July 2023.

As a result of the redevelopment, the TAG had increased confidence in the tool for modelling nitrate loss on free draining soils. The associated validation work undertaken by Overseer Ltd showed that the model produced a “satisfactory to good performance rating for NZ paddock-scale grazing systems”.

Staff have consistently asked for the redevelopment process to provide specific guidance on the biophysical conditions where there is more confidence in the use of Overseer. The 2023 Guide has not done this. The Guide contains a statement that MfE is committed to working with affected councils and staff have already contacted MfE to request this support.

In the Lake Rotorua groundwater catchment, the staff view remains that the biophysical conditions present in the catchment are conditions where there is more confidence in Overseer’s predictions. As an example, in the catchment pastoral land use sitting on well drained soils is 99% for dairy, and 98.5% for dry stock. Staff will provide more analysis on the use of Overseer as part of the new freshwater plan change development and section 32 process.

2.4 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. 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. 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 2023 ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	8 August 2023
Report Writer:	Penny Doorman, Programme Leader - Geothermal
Report Authoriser:	Antoine Coffin, General Manager, Strategy and Science
Purpose:	To seek Committee approval for the release of the Draft Rotorua Geothermal System Management Plan for community engagement.

Draft Rotorua Geothermal System Management Plan

Executive Summary

The Draft Rotorua Geothermal System Management Plan (Draft SMP) has been developed to give effect to the Bay of Plenty Regional Policy Statement (RPS). The Draft SMP provides an integrated approach to the management of the Rotorua Geothermal System and ultimately will help inform a Change to the geothermal provisions of the Bay of Plenty Regional Natural Resources Plan (RNRP). The Draft SMP has been developed over more than five years, closely guided by tangata whenua, and supported by technical assessments, including monitoring and reservoir modelling. Staff are now seeking approval for the release of this Draft SMP for public engagement.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Draft Rotorua Geothermal System Management Plan;

2 Approves the release of the Draft Rotorua Geothermal System Management Plan for public engagement;

3 Delegates to the General Manager Strategy and Science to approve any final minor changes to the Draft Rotorua Geothermal System Management Plan, prior to its release;

4 Agrees in principle to the engagement and submission process outlined in this report; and

5 Establishes a Hearings Panel to hear and consider submissions from the community on the Draft Rotorua Geothermal System Management Plan.

1. Introduction

The Resource Management Act 1991 (RMA) gives regional councils the role of managing the taking, use, damming and diversion of geothermal water, discharges of geothermal water and gas, and the taking or use of geothermal energy.

The RPS provides overall direction for geothermal management including sustainable management and the categorisation of geothermal systems from Development to Protected. The RPS requires the development of a SMP for certain systems, including the Rotorua System. The Draft SMP provides a ‘whole system’ approach to management of the geothermal system.

RPS policies on geothermal are also given effect to through regional plans, including the Rotorua Geothermal Regional Plan and the geothermal provisions of the RNRP. The Council is currently undergoing a change to these plans to combine their provisions. This change is being progressed in alignment with the SMP but will follow a Schedule 1 RMA process following approval of the Draft SMP.

2. Background

2.1 The Rotorua Geothermal System

The Rotorua Geothermal System is a taonga, used sustainably by tangata whenua for hundreds of years. Mismanagement in the 1960s-80s resulted in its decline, and the loss of surface features. Following Central Government intervention, and the implementation of the Rotorua Geothermal Regional Plan, the system has regained health. This change has taken place over four decades, and further change is possible.

The Rotorua System is currently classified as a mixed-use system, where surface features take precedence over extractive use. There are still approximately 130 consented takes, including production and injection systems, surface takes, and down hole heat exchangers. This level of take has been reasonably consistent and has allowed the geothermal aquifer to remain relatively stable.

However, the taking of additional water and/or only heat will potentially affect the temperature and water level in the geothermal aquifer (ie. the pressure) and will potentially affect surface features. Modelling shows that there is very little available resource for future allocation.

2.2 Legislative Framework

The Draft SMP has been prepared to give effect to the RPS, and while not prepared under Schedule 1 of the RMA it will be a Council approved policy document developed following Council’s obligations under the Local Government Act 2002. It will be a document that must be specifically considered in resource consent processes, under s104 of the RMA. It will also provide operational guidance, for example in the implementation of Council’s monitoring programmes.

2.3 Previous Council Direction

Date	Focus
15 June 2021	An update on progress, engagement and technical inputs
17 Nov 2021	Vision, objectives, and principles
14 Dec 2021	Partnerships with Māori
29 March 2022	Partnerships with Māori
28 March 2023	Working Draft SMP and technical inputs
27 June 2023	Working Draft SMP, presentation from Te Ahi Kā Rōpu

3. Development of the Draft SMP

Key steps in the development of the Draft SMP (and regional plan change) are summarised below:

Multiple technical reports have been prepared in-house or commissioned, notably The Science Story which assessed the state or health of the system, and Ngā Wai Ariki o Rotorua: He Kohikohinga which captures hau kainga perspectives. Assessment of long-term monitoring trends, reservoir modelling, and efficiency assessments are examples of the technical work that has been carried out as part of the evidence base for the Draft SMP.

4. The Broad Approach in the Draft SMP

The Draft SMP has been developed as a ‘care plan’, a whole system and integrated approach to the sustainable management of the system. The vision of the system management plan is to protect the mauri or life-force of the Rotorua geothermal system, or Ngā Wai Ariki o Rotorua. This is achieved through eight broad management strategies, shown in the figure below:

The SMP will be implemented through an Action Plan to be developed following approval of the Draft SMP. This will be an operational document, reflecting continuous improvement.

5. Community Engagement

Following any changes requested by the Strategy and Policy Committee, staff will update the Draft SMP, before releasing it for community engagement by the end of August.

A Communications and Engagement plan has been developed for the release of the Draft SMP. The plan includes:

· Media releases

· Update of BOPRC website

· Participate Page

· Distribution of the Draft SMP to key stakeholders and interested parties

· Public drop in sessions

· Targeted hui and meetings

· Workshops on technical inputs

· Hui-a-iwi

6. Submissions and Approval Process

The Draft SMP is being prepared to give effect to the RPS and will be a Council approved policy document.

Unlike a regional plan, there is no formal process for development of an SMP. A recommended process (similar to submissions processes for the Annual Plan developed under the Local Government Act 2002) is outlined below:

· Staff consideration of submissions

· Technical input/advice as needed

· Staff report summarising submissions and staff recommendations

· Hearings for oral submissions to the Draft SMP by Hearings Panel of Council

· Staff update the Draft SMP with Hearings Panel recommendations

· Council adoption of the updated SMP

· Media release on approval of the SMP

7. Strategic Alignment

7.1 Alignment with Strategic Framework

A Healthy Environment	We manage our natural resources effectively through regulation, education and action.
The Way We Work	We honour our obligations to Māori.

The purpose of the Draft SMP is to achieve integrated and sustainable management of the Rotorua Geothermal System. The Draft SMP provides clear guidance to inform management decisions, including non-regulatory actions to improve the way we manage the system. At the core of the Draft SMP is partnership with tangata whenua and greater recognition of Mātauranga Māori in decision making. This new way of working is a step towards honouring Council’s Treaty obligations.

7.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

High - Positive

¨ Cultural

High - Positive

¨ Social

Medium - Positive

¨ Economic

Low - Positive

The purpose of the Draft SMP is sustainable management of the geothermal system. The protection of the significant surface features and customary practices is central to the Draft SMP and is reflected in its vision Ka ora te mauri o Ngā Wai Ariki o Rotorua. The Draft SMP also provides for a joint Governance Group to oversee SMP implementation.

The Draft SMP points to limits to use of the system, and a lost opportunity to use the resource to offset electricity costs, especially for commercial users. However, the economic benefit of surface feature protection outweighs the benefits to be gained from cost saving for individuals. This is supported by economic evaluations carried out by Council.

8. Considerations

8.1 Risks and Mitigations

Risk	Mitigation
Negative response on partnership approach	Clear messaging on Treaty obligations, and engagement process to date
Lack of detailed allocation limits, and rules, in the Draft SMP	Technical reports made readily available
Confusion about links between the Draft SMP and plan change	Clear messaging on linkages
Negative feedback to ‘limits to use’	Clear messaging, workshops
Lack of understanding of complex geothermal management	Supporting documentation, videos, factsheets

As the document is in draft form, and the purpose of its release is to obtain meaningful community feedback, it is considered that there are no significant risks associated with this project.

8.2 Climate Change

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

Use the building block below when considering Climate Change implications.

Crtl + click for guideline material.

Geothermal is a renewable source of energy and is specifically provided for in the National Policy Statement for Renewable Energy Generation 2011 (NPS REG). The implications of the NPS REG have been considered in the development of the Draft SMP and will be further considered in the development of the Change to the RNRP. The possible impacts of climate change on the resource have been considered in the policy direction on allocation limits.

8.3 Implications for Māori

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

Crtl + click for Guideline material.

Council has committed to working with tangata whenua in the development of the Draft SMP as outlined in section 3 above. While a Council policy document, the Draft SMP endeavours to provide for a partnership approach in management of the geothermal system, and for reflection of te ao Māori and mātauranga Māori in decision making.

It is stressed that the Draft SMP alone cannot deliver on all aspirations of tangata whenua. As such it identifies areas of immediate change, but also signals long term intergenerational aspirations.

8.4 Community Engagement

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

Consider identifying in the report:

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

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

CO-OPERATE

Mahi Ngātahi

To work closely with affected communities to develop alternatives and recommend a preferred solution.

The Draft SMP has been developed with considerable input from the community. The next step is the release of the Draft SMP for further input from the community, as outlined in section 5 above.

8.5 Financial Implications

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.

There are no material unbudgeted financial implications from the release of the Draft SMP, and its implementation will largely fall within existing allocated budgets. Several new projects are signalled in the Draft SMP, including support for hau kainga in mātauranga Māori monitoring, and the establishment of a joint Governance Group to oversee implementation of the SMP.

It is anticipated that Council support for mātauranga Māori monitoring will initially be accommodated within existing science budgets. As this work evolves and the scope is clarified, additional budget will need to be provided for through the LTP. The establishment of the joint Governance Group, and staff support of this group, can be accommodated within existing Policy and Planning budgets.

9. 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.

Following approval of the release of the Draft SMP, staff will update the document to reflect feedback from Councillors. The document will then be formatted and printed, and the community engagement phase will begin.

Attachments

Attachment 1 - Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Draft Rotorua Geothermal System Management Plan ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	8 August 2023
Report Writer:	Elsa Weir, Senior Planner
Report Authoriser:	Antoine Coffin, General Manager, Strategy and Science
Purpose:	To approve a submission against the Rotorua Lakes Council Cemetery Reserve change of purpose proposal.

Submission to the Rotorua Lakes Council Cemetery Reserve change of purpose proposal

Executive Summary

Rotorua Lakes Council (RLC) are seeking feedback on a proposal to change the reserve status of part of the Rotorua Cemetery from Local Purpose (Cemetery) Reserve to Local Purpose (Community Housing) Reserve. The subject area has been deemed unsuitable for burials due to the poor ground conditions (high water table and geothermal activity).

The reserve was originally gifted to the Crown for cemetery purposes by Ngāti Whakaue. Staff support the return of the subject portion of the reserve to Ngāti Whakaue if it is not being used for the purpose it was gifted for, in accordance with the Ngāti Whakaue Gifted Reserves Protocol Agreement.

However, staff do not support the use of the land for housing purposes, as it will create an isolated pocket of residential housing surrounded by incompatible land use – Industrial Zone to the west, east and north-east, the crematorium to the south, the wastewater treatment and composting plant to the north, and two state highways bounding the site on the northern and eastern boundaries. This is contrary to Regional Policy Statement (RPS) Policy AQ 1A, which directs us to actively discourage locating new sensitive activities (i.e. residential) near activities that discharge offensive and objectionable odours, chemical emissions or particulates.

Staff therefore seek approval to make a submission seeking that either the reserve is retained for cemetery purposes or returned to Ngāti Whakaue with the reserve purpose updated for more suitable purposes given the location of the site, such as open space or commercial/industrial use.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Submission to the Rotorua Lakes Council Cemetery Reserve change of purpose proposal; and

2 Approves the submission.

1. Introduction

1.1 Rotorua Cemetery Reserve proposal

The reserve status of this area had been changed in 1995 to Local Purpose (Recreation) Reserve. However, this was changed again in 2021 back to Local Purpose (Cemetery) Reserve.

The proposal is described by RLC as follows:

“The Rotorua Cemetery was originally gifted to the Crown for cemetery purposes by the people of Ngāti Whakaue under the Rotorua Township (Fenton) Agreement.

Currently only the southern portion of the reserve (approx. 18 hectares) is used for cemetery purposes. The northern part of the reserve (approx. 3.5 hectares) is unsuitable for burials due to the ground conditions. Over the years this part of the reserve has been leased for commercial recreation activities. Today it is maintained as passive open space.

Due to the northern part of the reserve not being used for the purpose it was originally gifted for, it must be returned to Pukeroa Ōruawhata Trust on behalf of Ngāti Whakaue as required by the Ngāti Whakaue Gifted Reserves Protocol Agreement.

The process to return the land to Ngāti Whakaue first requires the reserve status to be revoked through a community process under the Reserves Act 1977. This process is lengthy and is expected to take up to five years to complete.

The aspiration of Ngāti Whakaue is to enable housing on this piece of land. Rotorua Lakes Council supports this aspiration as part of the recently signed Rotorua Housing Accord.

As an interim solution and to enable this aspiration sooner, while waiting for the land to be returned, Council is proposing to change the purpose of this part of the reserve from Local Purpose (Cemetery) Reserve to Local Purpose (Community Housing) Reserve. This would enable Council to issue a lease to Pukeroa Ōruawhata Trust for the development of housing on this land.”

1.2 Site Context

The site is located on the corner of Te Ngae Road (State Highway 30A) and Sala Street (State Highway 30).

Should housing be established on the site (as would be enabled by the proposal), it will be an isolated pocket of residential housing surrounded by incompatible land uses – Industrial Zone to the west, east and north-east, the crematorium to the south, the wastewater treatment plant to the north, and two state highways bounding the site on the northern and eastern boundaries. All these activities involve the discharge of odour, particulates and chemicals to air. Figure 1 below shows the location of the subject site and the surrounding activities.

Figure 1: Map showing subject site and surrounding incompatible land-use activities

1.3 Summary of proposed submission

Staff support the return of the subject portion of the reserve to Ngāti Whakaue if it is not being used for the purpose it was gifted for, in accordance with the Ngāti Whakaue Gifted Reserves Protocol Agreement. However, we do not support the proposal to change the purpose of the reserve from Local Purpose (Cemetery) Reserve to Local Purpose (Community Housing) Reserve.

Staff propose to submit against the proposal predominantly on air quality grounds, and noting other potential issues that apply to the site, including geothermal, flooding, and liquefaction. RPS Policy AQ R1 directs us to actively discourage locating new sensitive activities (i.e. residential) near activities that discharge offensive and objectionable odours, chemical emissions or particulates.

The draft submission explains how the proposal would be contrary to this policy, and discusses Ngapuna and Whareroa as pointed examples of where similar decision making in the past has resulted in adverse outcomes for communities.

The full draft submission is included as Attachment 1.

The submission deadline is 5pm today (8th August), and the hearing is set down for tomorrow (9th August). It is not proposed to present at the hearing.

1.4 Legislative Framework

· Reserves Act 1977

· Resource Management (National Environmental Standards for Air Quality) Regulations 2004.

1.5 Alignment with Strategic Framework

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

1.5.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

Low - Negative

Ensuring that sensitive activities are not located next to incompatible activities that discharge contaminants to air:

(1) Improves the air the community breathes, which in turn improves their health (social well-being).

(2) Improves the economy due to decreased medical costs and lost productivity when people are unable to work.

The air, and air quality is important to Māori as a taonga. The submission aims for the protection of the mauri of air and human health from adverse effects of anthropogenic contaminant discharges to air (as set out in AIR-O1 of Plan Change 13 – Air Quality to the Regional Natural Resources Plan).

There could be a perception that the submission may impact economic well-being, however the submission only seeks that housing is avoided, not other development on the site, so any economic impacts are considered to be minimal in terms of development.

2. Considerations

2.1 Risks and Mitigations

There is minimal risk in making this submission, as it is within policy and fulfils the directive of RPS Policy AQ R1.

There is a risk to not submitting, which is that we miss the opportunity to help steer this decision-making in the right direction, given our knowledge and experience of this exact situation within our Airsheds already. This sends a conflicting message to the wider community, to whom we have told that Regional Council are doing all they can to rectify existing situations and ensure that the same poor outcomes are not repeated within our region.

2.2 Climate Change

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

2.3 Implications for Māori

Poor air quality is linked to poor health, particularly respiratory diseases such as asthma. As detailed by the Ministry of Health in a 2018 report, Māori aged 5-34 years were almost twice as likely as non-Māori (in the same age group) to have been hospitalised for asthma.

2.4 Community Engagement

Engagement with the community is not required as the recommended decision relates to a predominantly “within policy” submission to a proposal open for public consultation.

2.5 Financial Implications

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.

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

3. 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.

If the Committee adopts the recommendations, the next steps are for staff to make the submission to Rotorua Lakes Council today (8 August 2023) as it is the deadline for submissions. The hearing is set for tomorrow (9 August2023). Deliberations and a final decision on the proposal will be made at the Community and District Development Committee Meeting on 13 September 2023. An update will be provided to the Committee when a decision is made by Rotorua Lakes Council.

Attachments

Attachment 1 - Draft Submission ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	8 August 2023
Report Writer:	Samantha Pottage, Planner
Report Authoriser:	Antoine Coffin, Manager, Spatial Planning
Purpose:	To provide an update on Proposed Change 6: National Policy Statement on Urban Development (NPS-UD) to the Bay of Plenty Regional Policy Statement.

NPS-UD Change 6 to the Regional Policy Statement Update

Executive Summary

Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement (RPS) seeks to fulfil Council’s statutory obligations under the National Policy Statement for Urban Development 2020 (NPS-UD); 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 (NPS-UD) was publicly notified on 9 August 2022. The submission period closed on 6 September 2022 and further submissions closed on 10 February 2023. Council staff published the Staff Overview Report, Staff Recommendations on Provisions with Submissions and Further Submissions report, Proposed Change 6 – Staff Recommendations Version 5.0 and the Section 32AA Evaluation of Changes Report on 6 June 2023.

The hearings were held at The Atrium Café and Conference Centre, located at 252 Otumoetai Road, Tauranga on Wednesday 21 and Thursday 22 June 2023. The Hearing Panel comprised of Robert Scott (Chairperson), Rawiri Faulkner (Independent Commissioner), Councillor Jane Nees and Councillor Paula Thompson.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, NPS-UD Change 6 to the Regional Policy Statement Update.

1. Introduction

Proposed Change 6 (NPS-UD) to the RPS seeks to fulfil Council’s responsibilities to implement the National Policy Statement – Urban Development 2020 (NPS-UD). In particular, Proposed Change 6 (NPS-UD) implements Policies 3, 5, 8 and 9 of the NPS-UD relating to urban intensification, responsive planning and the principles of Te Tiriti o Waitangi.

This report is to provide an update to the Strategy and Policy Committee on the progress with Proposed Change 6.

1.1 Legislative Framework

The NPS-UD came into effect on 20 August 2020 and sets out that implementation by way of an RPS change shall be notified no later than 20 August 2022.

1.1.1 National Policy Statement – Urban Development 2020

The NPS-UD 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; and

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

The NPS-UD requires:

· Planning decisions relating to urban development takes into account the principles of Te Tiriti o Waitangi;

· That plans make room for urban growth both ‘up’ and ‘out’ and that rules are not unnecessarily constraining growth;

· Developing, monitoring and maintaining an evidence base about demand, supply and prices for housing and land 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 a Vibrant Region Community Outcomes in Council’s Long-Term Plan 2021-2031. Proposed Change 6 (NPS-UD) implements the NPS-UD 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 NPS-UD 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 NPS-UD 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

2.1 Hearing of Submissions

The Hearings for Proposed Change 6 (NPS-UD) were held at The Atrium Café and Conference Centre, located at 252 Otumoetai Road, Tauranga on Wednesday 21 and Thursday 22 June 2023. The Hearing Panel comprised of Robert Scott (Chairperson), Rawiri Faulkner (Independent Commissioner), Councillor Jane Nees and Councillor Paula Thompson. Councillor Kat Macmillan attended the hearing as an observer. The staff in attendance for the hearings was Samantha Pottage (Urban Planner), Nassah Rolleston-Steed (Principal Advisor, Policy & Planning), Claudia Cameron (Committee Advisor) and Cheryl Robb (Coordinator, Spatial Planning).

The Proposed Change 6 Hearing Panel and staff heard from 12 submitters, 3 of which attended virtually over Zoom. The hearing of submissions concluded midday on Thursday 22 June 2023.

2.2 Chair Directions

Post Hearing, the Chairperson Robert Scott set direction for any additional information from submitters to be provided by 30 June 2023, and for the reporting Planner to provide their written response to the evidence presented at the hearing by Friday 7 July 2023. Council received two further responses from submitters. Statements of position presented at the hearing, and further responses (both from submitters and Council’s Planner) has been shared with the Hearing Panel and posted on Council’s website.

2.3 Field Trip and Deliberations

The Hearing Panel conducted a field trip on 18 July 2023 around key urban growth areas and sites of contention in the western Bay of Plenty sub-region.

The Hearing Panel commenced deliberations at Regional House following their field trip on 19 and 20 July 2023.

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 NPS-UD 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 engaged in meaningful consultation early and widely consistent with RPS Policies IR 4B ‘Using consultation in the identification and resolution of resource management issues.’ The Hearings proceeded as expected and had a full day and a half of hearings by submitters in person as well as online.

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 RPS climate change provisions will continue to apply to urban growth and development. These are 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

NPS-UD 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

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

Proposed Change 6 (NPS-UD) includes a replacement Policy UG 22B to implement NPS-UD Policy 9 requirements. Replacement Policy UG 22B contains elements of existing operative RPS 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.

The Proposed Change 6 Hearing Panel included the appointment of Mr Rawiri Faulkner as in independent commissioner with expertise in tikanga Maori. Mr Rawiri Faulkner 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. Clause 8B of Schedule 1 to the Resource Management Act 1991 sets out that:

A local authority shall hold a hearing into submissions on its proposed policy statement or plan, and any requirements notified under clause 4, and give at least 10 working days notice of the dates, times, and place of the hearings to—

a) every person who made a submission or further submission, and who requested to be heard (and has not since withdrawn that request)

All submitters who stated they wished to be heard were advised of the date and location of the hearing well in advance. Staff communicated with and catered to submitter preferences as far as practicable, and all submitters who wished to be heard at the hearing were able to do so.

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 Panel costs (Commissioners).

4. Next Steps

Following deliberations, the Proposed Change 6 Hearing Panel will provide their recommendations to Regional Council to consider whether to adopts its recommendations as Council’s decisions. No definitive date for receiving the Hearing Panel’s recommendations has been set but these are expected in the third quarter of 2023. Based on the assumption Council adopts the Hearing Panel’s recommendations, Council’s decisions should be notified in the final quarter of 2023. Submitters will then have opportunity to lodge an appeal and/or join appeals lodged following close of the appeal period. Due to the broad ranging nature of the submissions and the relief sought staff anticipate appeals will be lodged and mediation will be necessary.

imeframe	Action
Late July	Change 6 Panel site visit is on 18^th July, and deliberations are on 19^th and 20^th July.
Third quarter 2023	Hearing Panel recommendations received. Regional 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.
Final quarter 2023	Publicly notify Council’s decisions on submissions. Submitters have 30 working days to lodge an appeal against Council’s decisions. If appeals are received, submitters will have opportunity to lodge notices of interest as a Section 274 party. The Environment Court will schedule mediation and appoint a mediator to assist the parties to try and resolve appeals via negotiation and consent order. If mediation is unsuccessful, dates will be set for the exchange of evidence and a hearing.



Report To:	Strategy and Policy Committee
Meeting Date:	8 August 2023
Report Writer:	Lisa Power, Senior Planner and Greg Corbett, Biosecurity Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To outline options (including a preferred option) to manage gold clam if it is discovered in the Bay of Plenty.

Managing gold clam if it is discovered in the Bay of Plenty

Executive Summary

There is a high likelihood freshwater gold clam (Corbicula fluminea) will be discovered in the Bay of Plenty region now that its presence has been confirmed in the Waikato region. Gold clams have the potential to destroy native habitats and clog water supplies. They are self-fertile prolific breeders that can reportedly produce 400 offspring a day.

The Regional Pest Management Plan (RPMP) is the key policy document that sets out how pests in the region will be managed. Gold clam is not included in the RPMP.

This report sets out options to manage gold clam. The preferred option is to consider including gold clam in the RPMP through a partial plan review. Preliminary investigations are required to support this option including a cost benefit assessment.

Management options provided in this report are applicable for other ‘new to region’ pest incursions.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Managing gold clam if it is discovered in the Bay of Plenty;

2 Notes staff are continuing surveillance for gold clam in the Bay of Plenty; and

3 Approves staff to begin preliminary investigations (including cost benefit assessment) to support Option 3: Include gold clam in the RPMP via a partial plan review as the preferred option.

1. Introduction

New pest incursions in the Bay of Plenty region are inevitable. Pest management by its nature needs to be responsive and options to manage new incursions need to be understood.

The arrival of freshwater gold clam (Corbicula fluminea) into the Bay of Plenty region seems imminent. There will be a community expectation that Council is prepared and has considered potential management approaches.

This report steps through the options to manage gold clam. Options presented are also relevant for other ‘new to region’ pest incursions.

1.1 Legislative Framework

The Biosecurity Act 1993 (BSA) provides the legal framework for management of pests and unwanted organisms[1] (UWOs) in New Zealand.

The BSA requires regional councils to ‘provide regional leadership in pest management’. The Bay of Plenty Regional Pest Management Plan (RPMP) is the key policy document that sets out how pests in our region will be managed.

Through its RPMP a regional council can exclude, eradicate, or effectively manage pests in its region. A regional council is not legally obliged to manage a pest or other organism but if it chooses to do so the Biosecurity Act has prerequisite criteria that must be met to justify intervention. In summary, the pest must adversely affect environmental, economic, social, or cultural values and the benefits of regional intervention to manage the pest must outweigh the costs of control. Gold Clam is not included in the RPMP. Council must also be satisfied that for each pest included in an RPMP there is likely to be adequate funding for the implementation of the RPMP (and its objectives) for at the least 5 years.

1.2 Alignment with Strategic Framework

The RPMP includes a strategic direction that sets out Council’s overall biosecurity objectives and aspirations and how Council intends to achieve them. The pest management strategic direction has a focus on prevention, detection and early intervention as shown in Table One.

Table One: BOPRC’s Pest Management Strategic Direction

2. Gold Clam: An Emerging Threat

Freshwater gold clams (Corbicula fluminea) were detected in the Waikato River near Lake Karapiro in early May this year. This species is native to eastern Asia but is also widely established through America and Europe. Outside its native range, gold clams are known to reproduce rapidly and can clog water-takes and other infrastructure such as hydro-power generation plants. They also compete for food and space with native species.

Gold clams are prolific breeders producing up to 70,000 juveniles per year.

Experience from overseas has shown this clam to be highly invasive and difficult to control – it has never been eradicated from any site where it has established.

Surveillance work completed since its initial detection has confirmed the clams are present along a 45km stretch of the Waikato River from just upstream of Lake Karapiro down to Hamilton, but it is likely that clam larvae are present further downstream. Checks of the upper river system and Lake Taupō have not found any evidence of clams.

Biosecurity New Zealand are extending surveillance out to other waterbodies (including the Bay of Plenty region).

There is a significant risk of spread via the movement of boats and other water equipment between waterbodies unless vessels are thoroughly cleaned and dried between use. The Te Arawa Rotorua Lakes are vulnerable to incursions of clams as significant numbers of boat users from the Waikato region are known to enjoy our lakes.

Immediately following the detection of gold clam in the Waikato region, Council and Te Arawa Lakes Trust staff surveyed potentially vulnerable areas of the Rotorua lakes with no detections to date. With assistance from Biosecurity New Zealand, staff are developing plans for further surveillance and a response plan to manage any incursion should clams be detected in the Bay of Plenty region. Staff are also erecting new signage to re-enforce the need for all lake users to “Check, Clean, Dry” their vessels and equipment prior to launching.

Gold clams with a $2 coin for scale (Photo credit Biosecurity New Zealand)

3. Options to Manage Gold Clam if Discovered in the Bay of Plenty region

Options for managing the threat of gold clams are currently limited. To date, gold clams have not been declared an UWO under the BSA meaning they cannot be regulated with BSA provisions unless they are named as a pest in the RPMP.

Options to manage gold clam in case of an incursion are set out below.

3.1 Option 1: Do nothing

Under this option Council would take no further actions to specifically look for incursions or respond to any detections. In effect, Council would be accepting that the clam will arrive in the Bay of Plenty region and establish.

Accepting the inevitable arrival and impacts of clams on our lakes, and other waterbodies, would likely be distressing to iwi and of considerable concern to the region’s lakeside communities and visitors.

3.2 Option 2: Encourage voluntary compliance and consider gold clam for inclusion during the RPMP’s next mandatory review (due 2031)

The RPMP must be reviewed within 10 years of it becoming operative.

Under this option, Council would continue to undertake surveillance for clams and carry out advocacy work as part of its pest management strategic direction.

Provisions in the RPMP, such as Rule 7, may help to reduce the risk of gold clam arriving in the Bay of Plenty region even though it is not an intended target pest species. For example:

However, Council would be unable to use any regulatory tools to assist in management of an incursion e.g., specifically inspect private property, boats or equipment for gold clams or restrict public access to areas of operations.

While surveillance and advocacy costs can easily be included with Council’s current freshwater biosecurity work, any response to a potential incursion would need additional funding.

While this option has some merit in that Council would be seen to be taking some action, it is unlikely to fully deliver the expectations of our regional community, in particular Māori and freshwater users, as our ability to respond to an incursion would be limited.

3.3 Option 3: Include gold clam in the RPMP via a partial plan review

This is the preferred option.

This option would involve Council undertaking a partial review of the RPMP to include gold clams as an Exclusion Pest earlier than the mandatory RPMP review due in 2031.

Before the RPMP ceases to have effect (after 10 years) Council may review any part of it if circumstances or management objectives have changed sufficiently (Section 100D(2)(b)). Review requirements are set out in the BSA and they are similar to comprehensive statutory processes for a plan change under the Resource Management Act 1991. The review may include adding a pest to the RPMP.

National legislation provides a pest classification system to define different levels of management for pests. Every pest specified in the RPMP must be subject to at least one of the following programmes.

Exclusion	Prevent the establishment of a pest which is present in NZ but not yet established in an area or region
Eradication	Reduce the infestation level of a pest to zero levels within the short to medium term
Progressive containment	Contain or reduce the geographic distribution of a pest to an area over time
Sustained control	Ongoing control of a pest to reduce its impacts on values and spread to other properties
Site-led	A pest that is capable of causing damage to a place is excluded or eradicated from that place, or is contained or controlled within the place to an extent that protects the values of that place

Adding gold clam to the RPMP as an Exclusion Pest would mean minimal change to our current work programme or extra cost to the biosecurity activity. There would be planning costs and time associated with the partial RPMP review.

However, if gold clam establishes in the region prior to its potential addition to the RPMP, it would need to sit within another pest management programme. This would likely require more funding to support response operations.

The decision to review an RPMP (including adding a new pest) sits with full Council and can not be delegated. A significant amount of information is required to support that decision including prerequisite criteria for example a favourable cost benefit assessment. It is therefore recommended that staff begin to investigate the feasibility of including gold clam in the RPMP and report back to Council on its findings.

This option is likely to be favourably received by Māori and regional communities as it would give the region its best chance of excluding this pest or managing it should it arrive here. Note, the region would continue to be exposed to the risk of clams arriving while the partial review is underway and this risk would have to be accepted.

3.4 Option 4: Initiate a small-scale management programme (This option is only possible if gold clam is declared an UWO)

If Biosecurity New Zealand declares gold clam an UWO, Council would have a further option of developing a small-scale management programme under the BSA. Biosecurity New Zealand are currently undecided about whether to make this declaration due to potential implications to those currently taking water from the Waikato River.

Small-scale management programmes are the primary response tool, under the BSA, available for managing UWOs that are not declared pests in a regional pest management plan for the region. A small-scale management programme under the BSA can only be undertaken if the organism can be excluded, eradicated or controlled effectively by small-scale measures within three years. The programme must be publicly notified. Under this programme, regional councils can access a range of BSA powers to implement the programme, including powers to search, inspect, seize goods, destroy organisms and give directions.

While small-scale management programmes are easier and faster to enact than a partial review of the RPMP, they are not a long-term solution to this problem as clams are well-established in the Waikato region and will pose an ongoing risk to our region. However, this mechanism would provide short-term management options while a partial review of the RPMP was being implemented.

4. Considerations

4.1 Risks and Mitigations

The arrival of gold clam to the Bay of Plenty region would pose a significant risk to social, cultural environmental and, to a lesser degree, economic values. Council is undertaking surveillance to respond immediately.

If the preferred option of an early partial RPMP review is supported, the risk of Council being unprepared for a gold clam incursion is mitigated.

4.2 Climate Change

The matters addressed in this report are not sensitive to the effects of climate change.

4.3 Implications for Māori

In recent years Council and Te Arawa Lakes Trust have worked in partnership to manage pests that threaten the Te Arawa Lakes, in particular catfish. A gold clam incursion would be of a similar level of concern for Māori as it would threaten kakahi (freshwater mussel) and the general mauri of the lakes.

There is an expectation from Māori that Council is preparing for a gold clam incursion and Māori would be part of any future response.

4.4 Community Engagement

Staff have not attempted to engage with the community on the potential threat of gold clam to our region. Should Council wish to explore options under the BSA our communities would be consulted as part of that process.

4.5 Financial Implications

If the preferred option of an early partial RPMP review is supported, staff time will be required to undertake preliminary investigations. These costs can be absorbed within existing budgets. If gold clam is to be included in the RPMP, other costs could include strengthened surveillance and compliance. These additional costs will be reported to Council, at that stage.

Should there be an incursion and costs can’t be managed within existing budgets staff will report back to Council to consider additional funding to support a response.

5. Next Steps

Staff will:

· continue surveillance for gold clam;

· advocate to Biosecurity NZ that gold clam is declared an UWO;

· partner with iwi in the event of a gold clam incursion; and

· investigate the feasibility of including gold clam as an RPMP pest (if the preferred option in this report is supported).



Report To:	Strategy and Policy Committee
Meeting Date:	8 August 2023
Report Writer:	Lisa Power, Senior Planner and Shay Dean, Environmental Scientist
Report Authoriser:	Antoine Coffin, Manager, Spatial Planning
Purpose:	To update Committee on the recently gazetted National Policy Statement for Indigenous Biodiversity and outline implications for Council.

National Policy Statement for Indigenous Biodiversity

Executive Summary

The National Policy Statement for Indigenous Biodiversity (NPSIB) was gazetted on 7 July 2023 and came into effect on 4 August 2023.

This report is information only and signals additional work for Toi Moana Bay of Plenty Regional Council (Council) resulting from the NPSIB including:

- reviewing and changing the regional policy statement and regional plans

- developing a regional biodiversity strategy, and

- developing a monitoring plan.

There is a strong directive for local authorities and tangata whenua to work in partnership to implement the NPSIB through a staged approach.

At the same time the NPSIB was gazetted, a discussion document exploring a biodiversity credit system for Aotearoa New Zealand was released. Consultation closes on this document on 3 November 2023. Staff intend to provide feedback on this initiative and will bring a draft submission to this Committee for approval.

Recommendations

That the Strategy and Policy Committee:

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

1. Introduction

The National Policy Statement for Indigenous Biodiversity (NPSIB) was gazetted on 7 July 2023 and came into effect on 4 August 2023.

The NPSIB provides increased clarity and direction to councils on their roles and responsibilities for identifying, protecting and maintaining indigenous biodiversity under the Resource Management Act 1991. It is limited to land (terrestrial) ecosystems, specified highly mobile fauna and some aspects of wetlands. The NPSIB applies across all land types/tenures in Aotearoa New Zealand, both public and private.

The first NPSIB proposal was in 2010. After several unsuccessful attempts, momentum to develop a National Policy Statement grew in recent years. Consultation was held on a Proposed NPSIB in March 2020 and an Exposure draft of the NPSIB in 2022. Council provided comprehensive feedback on both the Proposed and the Exposure draft versions.

The NPSIB is gazetted and now the focus is what Council needs to do and by when.

The NPSIB involves staged implementation. Some parts of the NPSIB need to be implemented immediately, for example, new activities or developments that need resource consent and may have adverse effects on indigenous biodiversity will need to meet NPSIB requirements. Meanwhile Council has eight years to notify changes to its Regional Policy Statement policies and regional plans and ten years to complete a regional biodiversity strategy.

Council and its partners will have a number of decisions to make in how the biodiversity work programme is developed and NPS requirements are delivered.

Documents released alongside the NPSIB to support its kaupapa include:

· NPSIB Implementation Plan. Note, a separate NPSIB iwi/Māori implementation plan is being developed in partnership with iwi and is expected to be delivered by late 2023

· NPSIB: Cost Benefit Analysis

· NPSIB: Evaluation Report under Section 32 of the Resource Management Act 1991

· NPSIB information sheets for tangata whenua, forest owners and managers, farmers and growers, urban developers and infrastructure providers.

At the same time the NPSIB was gazetted, Helping nature and people thrive: Exploring a biodiversity credit system for Aotearoa New Zealand – Discussion document was released. The Government is exploring whether a biodiversity credit system could help to incentivise the protection and restoration of biodiversity. Consultation closes on this document on 3 November 2023. Staff intend to provide feedback on this initiative and will bring a draft submission to this Committee for approval.

1.1 Legislative Framework

This report focuses on implementation of the NPSIB as a national direction under the Resource Management Act 1991 (RMA).

The RMA provides the legislative framework for maintaining and protecting indigenous biodiversity from adverse effects on private land (through sections 5, 6, 7, 30 and 31). However, it is generally acknowledged these provisions don’t provide detailed direction and are often subject to different interpretation, application and monitoring by councils. This has led to repeated litigation costs, confusion, uncertainty, and an undervaluing of biodiversity in decision making. Indigenous biodiversity and taonga continue to be lost regardless of current efforts to protect and restore them[2].

National policy statements issued under the RMA provide national direction for matters of national significance relevant to sustainable management. There are now a number of national policy directions intended to guide councils through their regulatory and decision-making processes.

Local authorities are required to give effect to all national policy statements through planning documents and must consider any relevant national policy statements when making decisions on resource consents.

The NPSIB has been developed under the RMA, which the Government plans to repeal and replace with the Natural and Built Environment Act (NBA). The NPSIB will be transitioned into the proposed National Planning Framework developed under the NBA.

Council has other roles and responsibilities outside the RMA that contribute to biodiversity outcomes including pest management through the Biosecurity Act 1993 and funding arrangements through the Local Government Act 2002. Other agencies are also mandated by legislation to protect, maintain and enhance biodiversity.[3]

1.2 Alignment with Strategic Framework

Council has a clear strategic direction to maintain biodiversity through its key policy documents including the Regional Policy Statement (RPS), the Regional Natural Resources Plan and the Regional Pest Management Plan. Many teams across Council contribute to maintaining biodiversity in the Bay of Plenty.

Since 2017, support for proactive biodiversity management activities has been targeted towards Priority Biodiversity Sites (PBS). The PBS were developed with the Department of Conservation to support our joint regional goal of maintaining and restoring a full range of the region’s ecosystems to a healthy functioning state. They are non-statutory and represent only a small subset of areas considered significant.

Council’s Long Term Plan 2021-2031 contains a stated outcome to ‘maintain and enhance regional biodiversity for the benefit of our communities’. The Long Term Plan includes a Key Performance Indicator to increase the percentage of Priority Biodiversity Sites that are actively managed by 1 percent each year – a target that has been met or exceeded for the last three years.

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.
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 honour our obligations to Māori.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

2. NPSIB Key Aspects

The NPSIB provides direction to councils to protect, maintain and restore indigenous biodiversity so that there is at least no overall loss in indigenous biodiversity. There is a strong directive for local authorities and tangata whenua to work in partnership to implement the NPSIB.

A starting point to protect indigenous biodiversity is to understand where it is. The NPSIB requires consistent identification of areas of significant indigenous biodiversity, or significant natural areas (SNAs)[4].

The NPSIB outlines five specific effects that need to be avoided in an SNA due to their significant impacts on ecosystem characteristics:

a) loss of ecosystem representation and extent

b) disruption to sequences, mosaics, or ecosystem function

c) fragmentation of SNAs or the loss of buffers or connections within an SNA

d) a reduction in the function of the SNA as a buffer or connection to other important habitats or ecosystems

e) a reduction in the population size or occupancy of threatened or at risk (declining) species that use an SNA for any part of their life cycle.

These five effects will form part of the assessment that will be applied to new uses, development or subdivision that potentially affect an area of indigenous biodiversity in an SNA. In most cases, new uses, subdivisions or developments must avoid these adverse effects or they cannot go ahead.

The NPSIB provides exceptions to this ‘avoidance’ requirement. For those activities and effects to indigenous biodiversity outside of SNAs, the NPSIB establishes an effects management hierarchy to manage any potential negative impacts on indigenous biodiversity. The hierarchy includes avoiding, minimising, remedying, offsetting, then compensating.

Local authorities are required to adopt a precautionary approach towards activities where the effects on indigenous biodiversity are uncertain or little understood, or if SNAs have not yet been identified by councils.

3. NPSIB Implications for Council

The NPSIB provides a staged approach for implementation. Council is required to deliver the following milestones within the specified dates:

Date	National Policy Statement milestone
July 2023	National Policy Statement for Indigenous Biodiversity gazettal
August 2023	National Policy Statement for Indigenous Biodiversity comes into effect. Immediate implementation for some decision making. For example resource consents for activities affecting indigenous biodiversity.
Mid-2026	Council must have initiated the development of a regional biodiversity strategy.
Mid-2028	Territorial authorities have identified, mapped and notified all Significant Natural Areas.*
Mid-2031 (or earlier)	As soon as reasonably practicable or by the end of 2031, Council must have notified changes to their policy statement and plans to give effect to the NPSIB.
Mid-2033	Council must have completed its regional biodiversity strategy.

* Note there is a provision in the NPSIB, if a territorial authority requires assistance from the relevant regional council to undertake its district wide assessment, the regional council must assist.

3.1 Regional Policy Statement and Regional Plan Changes

A fundamental mechanism for Council to deliver on NPSIB requirements is through regional policy statement and plan review and changes. Staff have identified the following NPSIB requirements for Council:

- review the operative RPS criteria for assessing and identifying SNAs so it aligns with NPSIB criteria

- include objectives, policies, and methods to avoid specified adverse effects and manage unspecified adverse effects (using the effects management hierarchy) on SNAs

- require, where adverse effects are required to be managed, consent is not granted unless the applicant has demonstrated how each step of the effects management hierarchy will be applied

- provide protection for geothermal SNAs

- manage SNAs within plantation forests (focus on Threatened or At Risk species)

- allow established activities affecting SNAs to continue (in accordance with conditions provided in NPSIB)

- manage adverse effects on indigenous biodiversity outside SNAs

- allow the maintenance of improved pasture (with exceptions)

- include objectives, policies, or methods in the RPS and regional plans for managing adverse effects (subdivision, use, and development) on Specified Highly Mobile Fauna Areas (HMFAs)

- include objectives, policies, or methods in the RPS and plans to promote restoration of indigenous biodiversity

- set targets for indigenous vegetation cover within urban and non-urban environments (RPS only)

- ensure the sustainable customary use of taonga is provided for

- include requirements for consent applications in relation to indigenous biodiversity.

3.2 Regional Biodiversity Strategy

Council will need to prepare a regional biodiversity strategy that has the purpose of ‘landscape-scale enhancement and restoration’.

The regional biodiversity strategy must record actions and methods to promote the maintenance and restoration of indigenous biodiversity (including increases in indigenous vegetation cover), actions that will be taken by various parties and how those actions will be resourced.

The regional biodiversity strategy is not confined to statutory requirements and must be developed in collaboration with territorial authorities, tangata whenua, communities and other identified stakeholders. This presents an opportunity to deliver a coordinated approach to manage indigenous biodiversity in a way that reflects community aspirations.

3.3 Monitoring Plan

Regional councils must work with tangata whenua, territorial authorities, relevant agencies and other relevant stakeholders to develop a monitoring plan for indigenous biodiversity in their regions and each of their districts.

Every monitoring plan must establish methods and timeframes for monitoring:

- the maintenance of indigenous biodiversity in, and the ecological integrity and physical extent of, SNAs

- the maintenance of identified taonga

- the achievement of restoration objectives established under clause 3.21

- the percentage of indigenous vegetation cover in urban and non-urban environments in its region, as required under clause 3.22.

Council already undertakes a number of monitoring programmes for terrestrial biodiversity as part of the region’s State of the Environment (SOE) reporting or the National Environment Regional Monitoring Network (NERMN), providing a good starting point. However, these current biodiversity monitoring programmes fall short of the obligations set out in the NPSIB Exposure Draft. In anticipation of the gazettal of the NPSIB, the Council contracted The Catalyst Group to:

- Provide an overview of the full extent of the monitoring requirements under the Exposure Draft NPSIB.

- Undertake a gap analysis of these forthcoming requirements and BOPRC’s current biodiversity monitoring programmes.

- Develop a high-level plan for the implementation of the Exposure Draft NPSIB requirements.

This analysis will help guide development of regional council monitoring programmes and provide a useful starting point for working with tangata whenua and other agencies and stakeholders on a regional monitoring plan.

4. Considerations

4.1 Risks and Mitigations

Implementation of the NPSIB requires significant additional resourcing and delivery within specified timeframes.

The additional workload resulting from this NPSIB comes at a time that councils have to go through substantial policy and planning processes to implement other national policy statements and pending resource management reform.

A comprehensive work programme needs to be developed for Council to ensure delivery of NPSIB requirements. Resourcing and budget implications will need to be considered through upcoming Long Term Plan workshops.

4.2 Climate Change

Biodiversity resilience to climate change is an integral component of the NPSIB.

Climate change is a significant and growing pressure on biodiversity. While the potential impacts are still unclear, most ecologists agree that flora and fauna will be disadvantaged directly and indirectly by the impacts of climate change, resulting in at least local extinctions, strengthened competition from alien species, and biotic migrations tracking suitable climates.[5] Restoration and enhancement of ecosystems (including a full range of ecosystems) is important to maintain and enhance the resilience of biodiversity to the effects of climate change.

As well as improving the ability of ecosystems to withstand climate change, restoration and enhancement can increase carbon storage (healthy ecosystems store more carbon in their soils and vegetation) and help protect communities from climate change impacts. For example, protecting and restoring coastal ecosystems helps protect against coastal erosion and storm surges. The NPSIB requires local authorities to recognise the role in of indigenous biodiversity in mitigating the effects of climate change.

4.3 Implications for Māori

There are wide ranging implications for Maori with implementation of the NPSIB.

The NPSIB strengthens the role of tangata whenua in the resource management system for decision-making for indigenous biodiversity. Councils are now required to work in partnership with tangata whenua, to the extent tangata whenua wish to be involved, in the management of indigenous biodiversity.

Staff anticipate further guidance on how to achieve meaningful partnerships through the pending iwi/Māori implementation plan currently being developed (due to be delivered by late 2023).

Specific areas within the NPSIB requiring a partnership approach include provision of sustainable customary use and protection of acknowledged and identified Taonga, geothermal SNAs and specified Māori land.

4.4 Community Engagement

The regional community plays a crucial role in delivering biodiversity outcomes.

As staff develop a work programme to deliver NPSIB requirements, a comprehensive engagement and involvement plan will be required to guide partnerships and collaboration between landowners, tangata whenua, communities, councils and public agencies.

4.5 Financial Implications

There is currently no specific Council budget for NPSIB implementation. However, there is a budget that is currently allocated to terrestrial biodiversity monitoring through the NERMN programme (cf. $100,000 per annum), acquisition and analysis of oblique imagery for mapping and monitoring of wetlands relating to the National Policy Statement Freshwater Management programme ($300,000 per annum) and supporting our biodiversity protection through PBS ($1.2 million per annum). Other council funded programmes that contribute to indigenous biodiversity include the eastern goat control programme, coast care and estuary care.

Council will be responsible for implementing relevant NPSIB policies by partnering with iwi/Māori, landowners and others. In addition to our own costs, Council may assist territorial authorities, landowners and others with implementation.

5. Next Steps

Staff will:

· prepare a work programme (including resourcing and budget implications) for Council’s consideration during upcoming LTP workshops

· prepare feedback on the biodiversity credit system currently being consulted on and bring this to the committee for approval.

A key focus for staff is to set up processes to establish and nurture partnerships to deliver NPSIB requirements.



Report To:	Strategy and Policy Committee
Meeting Date:	8 August 2023
Report Writer:	Samantha Pottage, Planner
Report Authoriser:	Antoine Coffin, General Manager, Strategy and Science
Purpose:	To provide an update on the Eastern Bay of Plenty Spatial Plan project.

Eastern Bay of Plenty Spatial Plan Project Update

Executive Summary

The Eastern Bay of Plenty Spatial Plan consists of the territorial areas of Kawarau, Whakatāne and Ōpōtiki. Spatial planning is underway to support, and guide integrated future planning and investment decisions for the Eastern Bay of Plenty as a subregion.

At its meeting on May 4, 2023, Regional Council endorsed the proposed structure of the project, and appointed Cr Malcom Campbell and an alternate, being Cr Toi Iti to the Project Governance Group.

This paper is to provide the Strategy and Policy Committee an overview on the progress of the Eastern Bay of Plenty Spatial Plan and an update on the current work plan.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Eastern Bay of Plenty Spatial Plan Project Update.

1. Introduction

This paper is to give the Strategy and Policy Committee an update on the progress for the Eastern Bay of Plenty Spatial Plan.

Over the past year, BOPRC staff have been collaborating with Whakatāne, Kawerau and Ōpōtiki District councils in preparation of an Eastern Bay of Plenty subregional spatial plan. The Eastern Bay Spatial Plan will help position the Eastern Bay in the development of the Regional Spatial Strategy (RSS) and Infrastructure Strategies, Three Waters Reform and facilitate central government investment priorities and funding.

The last update on the Eastern Bay of Plenty Spatial Plan was to the Regional Council meeting on 4 May 2023, where staff outlined the proposed structure and governance arrangements. At its meeting, the Regional Council:

· Received the report, Eastern Bay of Plenty Spatial Plan – Structure and Governance Proposal.

· Endorsed the proposed structure of the project.

· Confirmed the appointment of BOPRC representative, being Cr Malcom Campbell and an alternate, being Cr Toi Iti to the Project Governance Group.

1.1 Legislative Framework

The National Policy Statement – Urban Development (NPS-UD) has a range of requirements for urban planning decisions. It requires all tier 1, 2 and 3 TAs to provide sufficient development capacity to meet expected demand for housing and business in the short (1-3 years), medium (3-10 years) and long (11-30 years) term.

The Eastern Bay of Plenty covers the geographic area of three district councils in the Bay of Plenty: Kawerau, Whakatāne and Ōpōtiki. Whakatāne urban environment is a Tier 3 area. Under the NPS-UD, the joint preparation of the Spatial Plan is voluntary for Tier 3 areas.

1.2 Alignment with Strategic Framework

A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.
The Way We Work	We look to partnerships for best outcomes.

The Eastern Bay Spatial Plan will provide a long-term vision for the way the subregion will develop and will impact a wide range of communities in the short-term to long-term. The Spatial Plan is being developed in an inclusive and collaborative matter, recognising the differing needs and aspirations of communities. Effective and enduring partnerships between tāngata whenua, the four Councils involved, and Government will ensure that these needs are understood and met to enable the Spatial Plan to focus on the critical interests of communities within the subregion.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

þ Cultural

High - Positive

þ Social

High - Positive

¨ Economic

The Spatial Plan will provide a long-term vision for the way in which the subregion develops. Recognising the needs and aspirations of diverse communities is essential to providing social wellbeing. Further, working with genuine partnership with tāngata whenua at all stages of the spatial planning process provides a unique opportunity to give expression to Iwi visions and strategies. The project will need to work in innovative ways to include the aspirations of iwi representation and active participation, which is critical to the success of the project.

2. Project Progress

2.1 Project Governance and Structure

The project governance and structure have been confirmed which resulted in nominations to the Project Governance Group and an updated project structure, as demonstrated in Figure 1 below:

Figure 1: Confirmed project structure

2.2 Tāngata Whenua Engagement

Tāngata whenua hold a significant role as partners in the development of the Spatial Plan. Within the Easter Bay, Māori make up almost half of the population and are amongst the most significant landholders in terms of location and scale of their land holdings. This is a point of difference for this part of the region and comes with unique opportunities.

Representatives from Te Rūnanga o Ngāti Awa, Te Rūnanga o Ngāti Whare, Te Mana o Ngāti Rangitihi and Tūwharetoa ki Kawerau have been nominated to the Project Governance Group. There are ongoing conversations with other iwi partners to confirm their appointees, and there will remain opportunities to other iwi who may later choose to partner to the project.

2.3 Technical Work

The Technical Working Group activities have been focussing on the following: elements:

· Foundation reports and research on challenges and opportunities.

· Base mapping and constraint mapping development.

· Summary of iwi environmental plans.

· Draft outcomes framework.

· Draft sub-region population forecast.

· Updating the project plan to a sub-regional spatial plan scope

· Working through timings of an update to each partner organisation to share the findings of the technical workstream and emerging options for development.

3. Considerations

3.1 Risks and Mitigations

A risk of misalignment of partner expectations for the spatial plan is mitigated by working to ensure that all partners as well as key stakeholders understand and agree on the project principles, deliverables and timeframes as well as being proactive in addressing misalignment that may occur. There is also a risk that the project cannot appropriately progress tāngata whenua engagement sufficiently and in time before the scheduling of public engagement of the project. This is mitigated by an iwi engagement workstream primarily involving hui with iwi to share information about the project and confirm partnership involvement. The scope and timing of the workstream in terms of making the project public and open for engagement will need to be reassessed to ensure that a partner-led process is being achieved.

3.2 Climate Change

Spatial planning serves as a crucial tool for recognising the effects of climate change by integrating climate considerations into the decision-making processes to promote safe and sustainable land use patterns and community resilience. The technical work being undertaken will consider the effects of climate change through the considerations of natural hazards such as coastal inundation and flooding from extreme rainfall events. This information is being mapped and informs the location for where future development may be located.

3.3 Implications for Māori

Genuine partnership with tāngata whenua throughout the spatial planning process is critical to understanding Māori aspirations within the eastern bay. The project will need to work in innovative ways to include the aspirations of iwi representation and active participation, which is critical to the success of the project. As detailed above, there are tāngata whenua representatives nominated to the Project Governance Group. There are ongoing conversations with other iwi partners to confirm their appointees, and there will remain opportunities to other iwi who may later choose to partner to the project.

3.4 Community Engagement

The Eastern Bay Spatial Plan is preparing for community engagement, with a list of working projects underway including:

· ‘Friends of Our Places’ which is a defined group of ‘friends’ that will have significant and long-term investment interests within the Eastern Bay of Plenty. It is proposed that the membership include representatives from central government ministries and agencies, major local industries, local agencies, telecommunication, energy and infrastructure providers as well as neighbouring local councils.

· A project website is being developed that will be added to over time to create one place to source information and to be used as an engagement resource.

Additionally, the Project Leadership Group has confirmed the use of an interim name for the project, “Our Places, Eastern Bay Spatial Plan”, while there is a process to confirm a name in te reo Māori which will continue and be adopted by the project and into branding once agreed.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. The Spatial Plan is being funded through a combination of the four council sources and Better off Funding.

4. Next Steps

The Project Leadership Group met on 26 June 2023 which came out with post workshop recommended actions which included feedback on constraints and the regional context of the project which will be addressed by The Technical Working Group. Other key next steps include:

· Candidates to be identified for the Independent Chairperson role for the PGG PGG.

· Terms of Reference to be provided to Council when confirmed by PGG.

· Continuing to support involvement of iwi with the project.

· Establish Friends of Our Places.

· Further technical investigations and reporting.

[1] The UWO register maintained by the Ministry for Primary Industries contains a long list of plants and animals including insects and other invertebrates, as well as diseases.

[4] Identification of SNAs is a responsibility for territorial authorities under the NPSIB.