Strategy and Policy Committee

Open Minutes

Commencing:             Tuesday 8 August 2023, 9.30 am

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

Chairperson:               Cr Paula Thompson

Deputy Chairperson:  Cr Kat Macmillan

Members:                    Cr Stuart Crosby

Chairman Doug Leeder

Cr Jane Nees

Cr Matemoana McDonald

Cr Toi Kai Rākau Iti

Cr Te Taru White

Cr Kevin Winters

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Ron Scott

Cr Ken Shirley

Cr Malcolm Campbell

In Attendance:            Staff: Namouta Poutasi – General Manager, Strategy and Science; Chris Ingle – General Manager, Integrated Catchments, Kataraina O’Brien – General Manager, Strategic Engagement (via Zoom); Julie Bevan – Policy and Planning Manager; Penny Doorman – Programme Leader Geothermal; Freya Camburn – Senior Policy Analyst; Antoine Coffin – Manager, Spatial Planning; Elsa Weir – Planner; Nassah Rolleston-Steed – Principal Advisor, Policy and Planning; Samantha Pottage – Planner; Greg Corbett – Biosecurity Manager; Lisa Power – Senior Planner; Te Wakapuna Te Kurapa – Biosecurity Officer; Nicki Green – Principal Advisor, Policy and Planning; Stephen Lamb – Environmental Strategy Manager; Jo Watts – Senior Planner (Water Policy); Shay Dean – Environmental Scientist; Margaret Courtney – Senior Advisor (via Zoom); Kerry Brown – Kaitohutohu Taiao Matua (Senior Advisor) (via Zoom); Riki-Lee Ainsworth – Māori Policy Advisor (via Zoom); Cheryl Robb – Coordinator, Spatial Planning (via Zoom); Jenny Teeuwen – Committee Advisor

 

1.     Chair’s Opening Statement

Chairperson Cr Paula Thompson opened the meeting and reminded those present 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 Toi Moana (Regional Council) YouTube channel following the meeting.

Recording link:  Strategy and Policy Meeting - 8 August 2023 - YouTube

Cr Thompson also acknowledged the passing of long-standing former Tauranga City Council councillor, Mr Bill Faulkner.

 

2.     Declaration of Conflicts of Interest

The following conflicts of interest were declared:

·           Councillors Nees, White and Thurston for Item 8.3 - Submission to Rotorua Lakes Council Cemetery Reserve Classification Proposal, as members of the Rotorua Future Development Strategy Joint Committee.

·           Chairperson Cr Thompson, and Cr Nees for Item 8.4 - NPS-UD Change 6 to the Regional Policy Statement Update, as members of the Hearings Panel for NPS-UD Change 6.  Deputy Chair, Cr Macmillan would assume the Chair for this item.

 

3.     Minutes

Minutes to be Confirmed

3.1

Strategy and Policy Committee Minutes - 16 May 2023

 

Resolved

That the Strategy and Policy Committee:

1.         Confirms the Strategy and Policy Committee Minutes - 16 May 2023 as a true and correct record.

Thompson/White

CARRIED

Matters Arising

·                There were no organisations similar to SociaLink operating across the region; however, there were organisations that provided similar functions but were related to specific areas or had a specific focus e.g. family, education or health and disability focus. 

·                A number of Māori Trusts provided health services with a holistic approach.  SociaLink had been approached by Rotorua Trust regarding extending their services.

 

4.     Reports

4.1

Operating Environment

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

Julie Bevan - Policy and Planning Manager Julie Bevan

Stephen Lamb - Environmental Strategy Manager

Tabled Document 1:   Cr Stuart Crosby’s final speech as LGNZ President to the LGNZ AGM - July 2023: Objective ID A4446356  

In response to Questions

·            No further information had been received regarding Overseer.  Staff were currently requesting support from the Ministry for the Environment (MfE) who was committed to working with affected councils.

·            Regional Council had not yet been advised when the freshwater farm plans would be “switched on” for the region but all regions would be switched on before the end of 2025.  Progress reporting for freshwater farm plans would be via Regional Council’s Monitoring and Operations Committee.

·            Any effect on the Strategy and Policy Committee Work Programme following the general election in October 2023, would be reported to the 31 October meeting of this Committee.

9.42am - Cr Macdonald entered the meeting.

Local Government New Zealand (LGNZ) 2023 Conference highlights

·            Councillors Nees, Iti, Crosby, Scott, White and Macmillan had attended the LGNZ Conference In Christchurch in July 2023 and provided a brief overview of their experience.

·            A highlight for all attending was the speech at the AGM provided by Cr Crosby as outgoing LGNZ President.  Cr Crosby had received a standing ovation.

Key Points - Members

·            Acknowledged and congratulated Cr Crosby on his term as President of LGNZ.

 

 

Resolved

That the Strategy and Policy Committee:

1.         Receives the report, Operating Environment; and

2.         Receives the Tabled Document, Cr Stuart Crosby’s final speech as LGNZ President to the LGNZ AGM - July 2023.

Thompson/Winters

CARRIED

 

4.2

Draft Rotorua Geothermal System Management Plan

Presented by:    Penny Doorman – Programme Leader - Geothermal

Freya Camburn – Senior Policy Analyst

In Response to Questions

·            It had been proposed that submissions would be open for a two month period, September/October 2023, with hearing of submissions taking place in early November 2023.  It was suggested that the submissions period be extended.  The closing date for submissions would be extended to the end of November/early December 2023, with Regional Council’s adoption of the updated SMP now in February 2024.

·            Suggested edits of the Draft included:

 

 

 

-        Under the “Integrated partnership and management”, include a question specifically around support for joint decision making and transfer of powers.

-        Climate change had only been mentioned once under the “Allocation” section.  Under “Knowledge based decision making” include “monitoring and forecasting the impact of climate change”.

-        Provide a clearer explanation for Section Two’s heading and what it meant.

Key Points - Members

·            A co-governance Hearings Panel was suggested.

·            It was proposed that Councillors Thurston, Winters and White be nominated for the Hearings Panel, and that the Hearings Panel also include tangata whenua representatives from/or identified by te Ahi Kaa Roopu.

·            Policy needed to be developed around joint decision making and transfer of powers.

·            Staff were congratulated for all their work in producing a high quality draft system management plan.

·            Staff were also acknowledged for their work with tangata whenua throughout the process.

 

 

Resolved

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;

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

·           three Bay of Plenty Regional Council Councillors, being Crs Lyall Thurston, Kevin Winters and Te Taru White; and

·           three tangata whenua representatives from/or identified by te Ahi Kaa Roopu, yet to be appointed; and

6.         Delegates the appointment or change of Hearings Panel members to the General Manager Strategy and Science.

Thurston/Winters

CARRIED

 

4.3

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

Presented by:    Julie Bevan - Policy and Planning Manager

Elsa Weir – Planner

 

As members of the Rotorua Future Development Strategy Joint Committee,  Councillors Nees, White and Thurston had declared a conflict of interest for this item and abstained from the discussion and vote.

In response to Questions

·            As the proposed change was being made through the Reserves Act 1997, the submission would be treated as a submission and would not be directive.

·            Regional Council would not be speaking to their submission at the hearings.

·            It was suggested that issues with heavy traffic be added to the submission.

 

 

Resolved

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.

3.        Notes that as members of the Rotorua Future Development Strategy Joint Committee Councillors Nees, White and Thurston did not participate in the conversation and did not vote.

Winters/Leeder

CARRIED

10.58am - the meeting adjourned.

11.20am – the meeting reconvened.

11.20am – As a member of the NPS-UD Plan Change 6 Hearings Panel, Chairperson, Cr Thompson, had declared a conflict of interest for the following item and vacated the chair and withdrew from the meeting. Deputy Chairperson, Cr Macmillan, assumed the chair.

4.4

NPS-UD Change 6 to the Regional Policy Statement Update

Presented by:    Antoine Coffin – Manager, Spatial Planning

Nassah Rolleston-Steed – Principal Advisor, Policy and Planning

Samantha Pottage – Planner

In Response to Questions

·            Key high level themes from submissions received included:

-        Out of sequence development and how this was captured in the policy;

-        Wording for the Treaty of Waitangi principles policy;

-        Reverse sensitivity effects associated with existing industrial activities and proximity to marae; and

-        Reverse sensitivity effects associated with non-compatible activities such as farming related activities and industry, and KiwiRail.

 

 

Resolved

That the Strategy and Policy Committee:

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

von Dadelszen/White

CARRIED

 

11.30am - The Chairperson entered the meeting and assumed the chair.

4.5

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

Presented by:    Julie Bevan - Policy and Planning Manager

Greg Corbett – Biosecurity Manager

Lisa Power – Senior Planner

Presentation:      Managing gold clam if it is discovered in the Bay of Plenty: Objective ID A4446185  

Key Points

·           Gold clam had been detected in the Waikato River system in early May 2023.  Clams appeared to be well established from Lake Karapiro down to Hamilton City and continuing downstream.  A further detection had been recently made at Lake Maraetai at Mangakino.

·           Surveillance had already been undertaken in partnership with Te Arawa Lakes Trust and there had been no detection in the region’s lakes yet.

·           Gold clams were prolific breeders and to date, had never been eradicated where invaded. 

·           Whilst several methods had been used to try and minimise impacts e.g. suction dredging, use of chemicals for targeted control, and smothering, the clams had proven to be very difficult to control.

·           Mainly spread through vessel movements.

·           Four options to manage the gold clam were presented.  Staff’s recommended option was to include gold clam in the Bay of Plenty’s Regional Pest Management Plan (RPMP) via an earlier partial plan review.

In response to Questions

·            These were freshwater clams only and while very small, were edible, and there was some risk that they could be deliberately spread to create a food source.

·            Waikato Regional Council (WRC) were currently working with the Ministry for Primary Industries (MPI) on surveillance to determine the extent/range of the clams.  WRC had not yet indicated whether they intended to change their RPMP.

·            Based on their size, it was thought that the clams had been in New Zealand for approximately two years.  The clams were endemic to eastern Asia and were established in both North and South America and parts of Europe.

·            The pathway for the clams into New Zealand was not known but it was possible that they were imported on a speed or wake-boarding boat.

·            If the clams were identified in one of the region’s water bodies at a very early stage, the aim would be to contain it to that water body and prevent it from spreading.

·            The financial implications of having an exclusion programme in place would not be significant as it could be managed under RPMP Rule 7 that was already in place i.e. could deliberately search vessels or personal property for the clams.

·            Other issues such as Kauri die-back and wilding pines could also be included in the partial review of the RPMP.

Key Points - Members

·            Needed to be clear where resources were allocated and mindful of how this was treated in close co-operation with MPI. 

 

 

Resolved

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; and

3.        Directs staff to continue to liaise with the Ministry for Primary Industries (MPI) for support and discuss potential ways to manage gold clam.

Leeder/Macmillan

CARRIED

 

4.6

National Policy Statement for Indigenous Biodiversity

Presented by:    Chris Ingle - General Manager, Integrated Catchments

Lisa Power – Senior Planner

Shay Dean – Environmental Scientist

Presentation:      National Policy Statement for Indigenous Biodiversity: Objective ID A4446186  

Key Points

·           The National Policy Statement for Indigenous Biodiversity (NPS-IB) came into effect on Friday 4 August 2023.

·           Outlined key aspects and the staged implementation timeline.

·           There was immediate implementation for some decision-making e.g. resource consents for activities affecting indigenous biodiversity.

·           A work programme to deliver NPS-IB requirements would now be developed and brought back to the Strategy and Policy Committee for approval.

In response to Questions

·            The avoidance and effects management hierarchy outlined in the NPS would guide decision making around resource consents.

·            The implementation guide for NPS-IB was still being developed and there was currently not a lot of guidance around what the NPS would mean for public conservation land.  It appeared that there would be no additional management requirements for the Department of Conservation (DoC) to manage those areas.

·            The strategy work would be delivered in partnership with Māori and Territorial Local Authorities (TLAs).

·            Councils within the Bay of Plenty region had already mapped their significant natural areas (SNAs), and all, except Opotiki District Council, had SNAs listed in their District Plans.  It was not expected that the criteria for NPS-IB would differ greatly from what was already in District Plans.  Regional Council could play a part to ensure standards were the same for all councils.

·            It was not expected that there would be any significant additional financial burden at this stage in the process.

 

 

Resolved

That the Strategy and Policy Committee:

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

Thompson/Macmillan

CARRIED

 

4.7

Eastern Bay of Plenty Spatial Plan Project Update

Presented by:     Antoine Coffin – Manager, Spatial Planning

Samantha Pottage - Planner

Key Points

·           The Eastern Bay of Plenty Spatial Plan was the first for the eastern Bay of Plenty and included Regional Council and Kawerau, Whakatāne and Ōpōtiki District councils.

·           Iwi who wanted to be involved in the process, were involved, but noted that this was work in progress.

In response to Questions

·            The spatial plan would consider climate change as part of the technical work, and the areas effected by climate change would be shown on the spatial plan maps.  Identification of areas at risk of natural hazards relating to climate change would inform the location of new urban development i.e. areas at risk would not be considered for greenfield development.

·            A dedicated team were engaging with iwi about the process; what it was about; whether they wanted to be involved; and how they wanted to be involved.

·            Acknowledged that it would be a challenge to get everyone on board.  Best efforts would be made to talk with all affected, and at the right time. 

·            The Governance Board was expected to be large.

Key Points - Members

·            Recognised that post settlement governance entities (PSGE) did not necessarily speak for all iwi/hapū in the settlement area.

·            It was requested that the Māori constituency councillors be kept abreast of progress, and that their collective knowledge and networks were utilised as Regional Council stepped through the process.

 

 

Resolved

That the Strategy and Policy Committee:

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

Thompson/White

CARRIED

5.     Public Excluded Section

Resolved

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

6.1

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.

6.2

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.

Thompson/von Dadelszen

CARRIED

 

6.     Public Excluded Business Transferred into the Open

In the Public Excluded session, following discussion of Item 2.1 - Freshwater Policy Programme: Direction for Regional Policy Statement and Regional Natural Resources Plan drafting, the Strategy and Policy Committee resolved that the report and its attachments, Minute record, including PowerPoint presentation, and resolutions for this item, be transferred into the Open section of the meeting as Item 6.1.

6.1

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

 

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

Nassah Rolleston-Steed - Principal Advisor, Policy and Planning

Stephen Lamb – Environmental Strategy Manager

Jo Watts – Senior Planner (Water Policy)

Agenda Report and Attachments:    Freshwater Policy Programme: Direction for Regional Policy Statement and regional Natural resources Plan drafting: Objective ID A4454033

Presentation:      Freshwater Policy Programme: Objective ID A4447150     

Key Points

·           More in-principle direction was being sought for the Regional Policy Statement (RPS) – Land and freshwater, and the Regional Natural Resources Plan (RNRP) – Integrated management and Tangata whenua chapters, to enable policy drafting to continue with confidence.

·           Provided overview of the Regional Policy Statement, its structure and what it did.

·           Provided overview for the draft Land and Freshwater framework, including long term visions for Freshwater Management Units (FMUs), the protection of values, implementing the National Objective Framework (NOF), water quality, water quantity, land use and development, soil erosion/soil health, and integrated management – district and region. 

12.44pm - The Chairperson, Cr Thompson, vacated the chair and withdrew from the meeting and the Deputy Chair, Cr Macmillan, assumed the chair.

12.47pm - The Chairperson entered the meeting and assumed the chair.

·           Outlined review findings and recommendations for the RNRP – Tangata Whenua chapter. 

·           Outlined what the RNRP Integrated Management chapter covered and the approach taken.

·           Outlined next steps.

In Response to Questions

·           Most of the content for the freshwater related plan change would be housed in the Land and freshwater chapter; however some freshwater related matters would sit in overview chapters to achieve integration across the RPS i.e. Tangata Whenua specific objectives and policies and Integrated management objectives and policies.  How the cascade worked would be articulated in Part One of the both the RPS and the NPS-FM, under “How does the RPS/NPS-FM work”.

·           The proposed timeframes for achieving each long term vision for freshwater – medium 2045, and long 2065 – were indicative only and their appropriateness would be part of the feedback requested through public engagement.

·           There were very few draft outstanding water bodies identified in the region, and did not include the Kaituna River. 

·           Staff were currently looking at Māori land that may be inhibited from development by limitations on access to water, and also exploring options for when/if limits needed to be met.  These issues were expected to addressed based on FMUs and might happen over a length of time. 

·           Staff would continue to look ahead in terms of monitoring Resource Management reforms.

·           Allocations status data and the approach to how limits were set had improved; however, there were still some gaps.

·           Adverse effects would need to be managed to avoid the loss of the extent of rivers and wetlands.  The effects management hierarchy would ensure that adverse effects were managed appropriately. 

·           The key themes outlined in the draft recommended policy direction for RPS freshwater related changes were high level.  The RNRP would contain more specific detail about how these were implemented in rules.

1.12pm - The Chairperson, Cr Thompson vacated the chair and withdrew from the meeting and the Deputy Chair, Cr Macmillan assumed the chair.

1.13pm - Cr Nees withdrew from the meeting.

·           The intent of the NPS was that the wellbeing of freshwater ecosystems were maintained or improved.  Metrics were mostly water quality and quantity based, not habitat based.

·           Care would be taken around Lake Rotorua provisions as they had already gone through a specific process as part of Plan Change 10.

·           Staff would continue to work towards December 2024 deadline.

·           Only the Land and Freshwater chapters of the RPS were being amended.  The remainder of the RPS was not subject to review. 

 

 

Resolved

That the Strategy and Policy Committee:

1.         Receives the report, Freshwater Policy Programme: Direction for Regional Policy Statement and Regional Natural Resources Plan drafting;

2.         Acknowledges prior decisions made in 2017 and 2021 about streamlining regional plan content and draft National Planning Standards (NPStds) compliant structures for the RPS and RNRP;

3.         Agrees in principle to progress release of an NPStds compliant operative RPS ahead of notification of the RPS freshwater related changes;

4.         Agrees with the in-principle policy direction set out in Attachment 3, section 4 and sections 5.1.3 and 5.1.4;

5.         Confirms that the report and its attachments, Minute record, including PowerPoint presentation, and resolutions for this item, be transferred into the public section of the meeting.

White/Scott

CARRIED

1.36 pm – the meeting closed.

 

 

Confirmed 31 October 2023                                                                                                        

                                                                                                                               Cr Paula Thompson

Chairperson, Strategy and Policy Committee