Strategy and Policy Committee Agenda

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

Tuesday 31 October 2023 COMMENCING AT 9.30 am

This meeting will be livestreamed and recorded.

The Public section of this meeting will be livestreamed and recorded and uploaded to Bay of Plenty Regional Council’s website.  Further details on this can be found after the Terms of Reference within the Agenda. Bay of Plenty Regional Council - YouTube

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

19 October 2023

 


 

Strategy and Policy Committee

Membership

Chairperson

Cr Paula Thompson

Deputy Chairperson

Cr Kat Macmillan

Members

All Councillors

Quorum

Seven members, consisting of half the number of members

Meeting frequency

Six weekly rotation between committee meetings and strategic sessions

Purpose

·             Inform the strategic direction for the Council and implement through approved planning and policy frameworks.

·             Identify regional issues resulting from emerging trends, providing thought leadership on matters of regional significance, analysing implications and developing a strategic response.

Role

·             Develop, implement and review best practice strategy, policy and planning framework for decision making which enables connection across committees of Council.

·             Consider emerging environmental and climate change issues and provide advice on the implications for effective resource management within the region.

·             Inform Council’s strategic direction, including prioritisation and policy responses.

·             Enhance awareness and understanding of emerging issues and trends relating to meeting Councils strategic direction.

·             Develop Council’s position on regionally significant issues and provide guidance on sub-regional and regional strategy matters such as spatial planning and SmartGrowth.

·             Approve submissions on matters relating to the committee’s areas of responsibility that are not delegated to staff.

·             The provision of governance oversight into the development and review of policies, plans, and strategies.

·             Approve statutory and non-statutory plans, strategy and policy other than those required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

·             Develop, review and approve Council’s position on regional economic development.

·             Consider any issues delegated by Council that have a regional, environmental, social or economic focus.

·             Develop and review bylaws.

·             Delegate to hearings commissioners under section 34A of the Resource Management Act 1991 to exercise the powers, functions duties in relation to any authorities that have been delegated by Council to the committee.

Power to Act

To make all decisions necessary to fulfil the role and scope of the committee subject to the limitations imposed.

The Strategy and Policy Committee is not delegated authority to:

·             Approve the Regional Policy Statement and bylaws;

·             Review and adopt the Long Term Plan and Annual Plan;

·             Develop and review funding, financial, Risk and Assurance Policy and frameworks;

·             Approve Council submissions on Māori related matters;

·             Develop, approve or review non statutory policy for co-governance partnerships.

Power to Recommend

To Council and/or any standing committee as it deems appropriate.


 

Recording of Meetings

Please note the Public section of this meeting is being recorded and streamed live on Bay of Plenty Regional Council’s website in accordance with Council's Live Streaming and Recording of Meetings Protocols which can be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within two working days after the meeting on www.boprc.govt.nz for a period of three years (or as otherwise agreed to by Council).

All care is taken to maintain your privacy; however, as a visitor in the public gallery or as a participant at the meeting, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

 


Bay of Plenty Regional Council - Toi Moana

Governance Commitment

mō te taiao, mō ngā tāngata - our environment and our people go hand-in-hand.

 

 

We provide excellent governance when, individually and collectively, we:

·       Trust and respect each other

·       Stay strategic and focused

·       Are courageous and challenge the status quo in all we do

·       Listen to our stakeholders and value their input

·       Listen to each other to understand various perspectives

·       Act as a team who can challenge, change and add value

·       Continually evaluate what we do

 

 

TREAD LIGHTLY, THINK DEEPLY,
ACT WISELY, SPEAK KINDLY, JOURNEY TOGETHER.


Strategy and Policy Committee                                                                           31 October 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 - 8 August 2023                                                                                     2

8.       Reports

8.1       Essential Freshwater- Community Engagement Summary                                                                             2

Attachment 1 - Summary of Hui ā Rohe activities and feedback                                                                                          2

Attachment 2 - Summary of community attendance at freshwater events and interests represented                          2

Attachment 3 - Demographics of respondents through hardcopy and online feedback for Essential Freshwater (April-Sept 2023)                                                                          2

Attachment 4 - Key themes in community feedback (Essential Freshwater)                                                                        2

8.2       Operating Environment                                                    2

Attachment 1 - Proposed NPS-NHD 2023 Draft Submission    2

8.3       Draft submission to Environment Select Committee inquiry into climate adaptation                                      2

Attachment 1 - Draft submission on climate adaptation inquiry                                                                                          2

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 - 8 August 2023

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

 

Minutes to be Confirmed

9.1       Public Excluded Strategy and Policy Committee Minutes - 8 August 2023

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

8 August 2023

 

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                                                                                                                   

                                                                                                        Cr Paula Thompson

Chairperson, Strategy and Policy Committee

 


 

 

 

Report To:

Strategy and Policy Committee

Meeting Date:

31 October 2023

Report Writer:

Stephanie Macdonald, Community Engagement Team Leader; Kate Barnes, Communications Partner; Margaret Courtney, Senior Advisor; Jess Shailer, Environmental Scientist and Michelle Lee, Planner (Water Policy)

Report Authoriser:

Kataraina O'Brien, General Manager, Strategic Engagement

Namouta Poutasi, General Manager, Strategy and Science

Purpose:

To provide a summary of key findings from the Freshwater Policy Programme April-September 2023 community engagement period.

 

 

Essential Freshwater- Community Engagement Summary

 

Executive Summary

The National Policy Statement for Freshwater Management 2020 (NPSFM) requires that council engage with tangata whenua and the community to set long term visions for freshwater and environmental outcomes. This paper summarises the community engagement between April and September 2023, on draft policy options for region wide changes and Freshwater Management Unit (FMU) scale options. Feedback was received from more than 390 contributing individuals.

 

Recommendations

That the Strategy and Policy Committee:

1       Receives the report, Essential Freshwater- Community Engagement Summary; and

2       Notes an outline of planned engagement for 2024 will be presented to this committee at its December 2023 meeting.

 

1.         Introduction

The Essential Freshwater Policy Programme (EFPP) is Council’s work programme to implement the requirements of the National Policy Statement for Freshwater Management 2020 (NPSFM), primarily via changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP).

This paper provides an overview of the communications and engagement activities delivered during the April - September 2023 community engagement period. It outlines broadly the mediums and results of the communication campaign, engagement with tangata whenua, and community engagement activities and participation. The report also provides an outline of key themes from community feedback.  This will be used to inform the development and assessment of policy options and recommendations.

1.1       Legislative Framework

This Freshwater Policy Programme implements the NPSFM, and also the requirement under the Resource Management Act 1991 (RMA) to review provisions in regional plans every 10 years. The RMA has specific Freshwater Planning Process provisions, and section 80A(4) requires Council to notify RPS and RNRP changes that fully implement the NPSFM by 31 December 2024. The RMA and Local Government Act 2002 set out consultation requirements, and the NPSFM also provides direction to involve tangata whenua and the community.

1.2       Alignment with Strategic Framework

 

A Healthy Environment

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

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

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

Freshwater for Life

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

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

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

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

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

Safe and Resilient Communities

 

A Vibrant Region

 

The Way We Work

We honour our obligations to Māori.

We deliver value to our ratepayers and our customers.

We continually seek opportunities to innovate and improve.

We use robust information, science and technology.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

 

þ Economic

 

 

While the NPS-FM has a strong environmental focus to maintain or improve the health of water bodies, there are implications for all four well beings.

 

2.         Community engagement April to September 2023

2.1.1    Communications

A communications campaign ran from early 2023, and throughout the engagement period, to educate, and encourage as much participation as possible. An outline of the mediums used, and results follows.

Mediums used:

·       Bay of Plenty Regional Council owned channels; Facebook, Instagram, website, e-newsletters (e.g. Freshwater Flash, Participate, Komiti Māori e-pānui), and Around our Rohe print adverts.

·       Information booklets, infographics and summary sheets helped breakdown complex topics, and provided a base of information to enable the community to provide well informed feedback.

·       Proactive and reactive news media liaison.

·       Industry, committee and Rural and Environmental and Sector Organisation Forum networks (including interpersonal, social media, agenda reports, newsletters etc.) for audience-specific information and/or calls to action.

·       Paid promotions across radio and print channels for priority messages and calls to action.

·       Paid online promotions including in-app adverts (ie. Met Service), sponsored social media posts, and paid online pop-up adverts (ie. TVNZ, Threenow, Herald and Stuff) for priority messages and calls to action. 

·       Bus backs for priority messages and calls to action.

·       Direct contact - post (direct mailout) and emails. Mailout sent to all rural addresses. Direct contact via email to community members who had previously expressed an interest in freshwater, consent holders, community boards, previous Freshwater Focus group members, subscribers to Participate and key stakeholder representatives.

·       Flyers, posters, maps and physical assets that supported engagement at community events and hui.

An overview of the campaign results:

·       Digital: The online ad was seen 6.2 million times, and it made 17,000 people visit the website and 403,000 people watch the whole video.   

·       Social media: Reached 292k people on Facebook and Instagram.

·       Direct mailout: A flyer was delivered to 17,273 rural addresses.

·       Print: 90 print ads ran across 11 publications. These ads were circulated into 1.3 million homes (publications included Weekend Sun, Bay of Plenty Times, Rotorua Weekender, Daily Post, Whakatāne Beacon, Ōpōtiki News, Kawerau Echo, Te Puke Times, Katikati Advertiser, Pāpāmoa Post, Lizard News).

·       Radio: Over 2,800 radio ads aired across 15 stations (ZB, ZM, Coast, Flava, Sound, More, Rock and IWI Stations, The Country (ZB) and iHeart Radio).

·       Bus backs: Routes/areas included Tauranga Citywide (Tauranga, Mount Maunganui, Te Puna), Tauranga to Katikati, Tauranga to Whakatane, and Rotorua.

·       Newsletters: Essential Freshwater updates, and invitations to engage were shared across the Participate, Komiti Māori ePānui and Freshwater Flash eNewsletters (together reaching over 2,900 subscribers).

2.1.2    Māori engagement

The NPSFM gives direction to councils to involve iwi and hapū, and to better integrate Māori values into regional planning for freshwater. Engagement is guided by Te Hononga: The Regional Māori Engagement Plan for Implementing the NPSFM (2020).

Engagement approaches include:

·       Hui-ā-rohe

·       Community meetings

·       Facilitating hui and workshops

·       Presenting at hui and workshops

·       Supporting Māori led wai-Māori kaupapa with resources including funding and water monitoring kits

·       Supporting the development of Iwi and Hapū Management Plans

·       Supporting the development of Mana Whakahono ā Rohe

·       Supporting the development of Te Mana o Te Wai statements

Māori engagement draws on He Korowai Mātauranga: Mātauranga Māori Framework which aims to:

·       Foster meaningful and productive relationships

·       Find common goals, values and/or outcomes

·       Recognise and respect the value of mātauranga Māori

·       Ensure mātauranga Māori is utilised and managed in a way that reflects its intention.

2.1.3    Consultation and Engagement Approaches from Apr-Sep 2023

For the period from April to September 2023, the following occurred:

·       56 hui with various Māori groups across the rohe.

·       Organised and facilitated hui-ā-rohe across Kōhī, Mauao and Ōkurei.

·       Presented at Komiti Māori hui (x3), Strategy & Policy (x2) and Regional Council (x1) to provide updates and report on activities.

·       Attended Councils co-governance forums to provide updates and report on activities.

·       Funded and/or managed 9 freshwater projects across the region.

·       Attended a MfE Te Mana o Te Wai conference which showcased MfE funded Te Mana o Te Wai projects, nine of which are in the Bay of Plenty.

·       Facilitated capability and capacity uplift of via freshwater sampling and monitoring, and the provision of SHMAK tools.

·       Supported Tauranga Moana iwi to secure MfE funding to implement their Te Mana o Te Wai project across four kōawa.

·       Attended presentations of Te Mana o Te Wai Statements received from the Te Arawa Freshwater Working Group.

·       Provided regular updates to online newsletters.

Further details are available in attachment one: Summary of Hui-ā-Rohe activities and feedback.

2.1.4    Community Engagement Activities

Community engagement in the period April to September 2023 was focused on sharing draft policy options for the 13 Freshwater Management Units and region wide changes. Multiple approaches were used to reach as wide an audience as possible.

Rural and Environmental  Sector Organisation Forum

Draft engagement plans were shared with the Rural and Environmental Sector Organisation Forum (RESOF) prior to community engagement. They were asked to share information and community engagement opportunities with their membership and via their networks.

Local Authorities

Draft engagement plans were shared with the Territorial Local Authority Freshwater Forum (TLA Forum) prior to community engagement. They were also asked to share community engagement opportunities with their staff and elected members. Direct requests to share relevant local events with the public were also made to communications and engagement staff. 

Community Drop-in events

·       An estimated 530 people attended 35 drop-in event across 12 freshwater management units between April 26 and 30 September.

·       The mean number of attendees at drop in events was 14 with the largest attendance estimated at 50 adults.  Attendance at these events increased over the consultation period.  Generally, participants were actively interested in direct discussion with council staff and stayed for at least an hour.

Invitations were sent to:

·       Community members who expressed an interest at Jan-March events

·       Targeted landowners

·       Local authorities 

·       Care Groups

·       Co-governance members

·       All current resource consent holders for water takes or discharges

·       Freshwater Futures Groups

·       Participate website subscribers

·       Community Board Chairs

Online workshops

·       Five online workshops were held in August and September.

·       More than 240 views were made by community.

Online engagement platform

A project page for Essential Freshwater on the participate platform went live on 26 April 2023. This project page included copies of the FMU stories, event details, regional changes, and multiple ways to provide online feedback.

In the engagement period April-September, this project received:

·       6533 views

·       4353 visits

·       2749 visitors

·       120 contributions

·       111 contributors

·       76 followers

·       103 documents downloaded

·       16 submissions to regional changes

·       52 registrations for online workshops received

·       37 FMU specific submissions 

 

 

Feedback

·       Freshwater Management Unit booklets were made available to the public via Council reception counters, as well as copies being provided at events and sent out via post (upon request).

·       As of Monday 2 October 2023, 390 items of feedback were received.

·       A summary of feedback received on region wide and Freshwater Management Unit specific topics is in attachment four (Key themes in community feedback).

3.         Considerations

3.1       Risks and Mitigations

Risk: Feedback may not represent the full range of views held within the community or possible policy options as full detailed technical information, plan change text and s.32 evaluation were not yet developed.

Mitigation: Consider the feedback in this period as an initial litmus test of direction and continue to engage with Māori, stakeholders and the community at key stages of the project. Targeted stakeholder engagement is planned for early 2024 to seek feedback on early drafts of the policies.

Risk: Not all interested and affected parties may have engaged in this process and may raise significant concerns only once the plan is formally notified.

Mitigation: Significant effort has been made to communicate early and frequently through a wide range of media, interest, industry and advocacy groups about changes in Freshwater management. Staff will continue to use tools and tactics to help broaden the reach and track demographic reach and representation to measure progress.

Risk: The tight statutory timeframe is a risk to engaging meaningfully with Māori and community.  It is envisaged that the draft RPS and RNRP will be approved mid December 2023 for targeted feedback during January 2024 March 2024.

Mitigation: Staff will continue to take up every opportunity to promote and support Māori participation and involvement.

3.2       Climate Change

There was strong interest in climate resilience, particularly from the rural community. Common themes were access to water in droughts or maintaining drainage and flood protection in adverse events. Policy should promote and enable adaptability wherever possible and allow for recovery when and where needed.

3.3       Implications for Māori

Consultation with Māori will inform the decisions of Council and achieve outcomes for the Taiao that benefit present and future generations. Te Hononga (Regional Māori Engagement Plan for implementing the NPSFM 2020) enables a flexible approach incorporating several strategies to engage when Māori are ready to do so.

The tight statutory timeframe with notification in December 2024 continues to present challenges for Māori engagement across the region.  Staff are contending with multitudes of competing priorities faced by Māori entities who have limited resourcing.  Post election policies are unknown and may further distract Māori participation in freshwater management.

There is opportunity for Māori to provide feedback on the draft RPS and RNRP during January 2024 – March 2024.

3.4       Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

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

 

This report focuses on the community engagement activities and participation by the community in the period April-September 2023. As this plan change progresses towards notification, there will be further opportunities for more formalised consultation. An outline of the planned engagement activities for 2024 will be presented to council in December 2023.

Some comments received via consultation and engagement include:

·       “Good to come to hapū. Discussions should happen on the marae”

·       “I have found the early part of the consultation process was not well advertised, or perhaps I was not aware and so did not engage. However the later part of the consultation I found well advertised and I was then engaged”.

·       “to better cater for a rural discussion Dairy NZ alongside others would be open to hosting rural specific events if Council were able to participate with staff and options on the table to discuss”

·       “This is the second event I’ve attended, and I’m learning more each time. Seeing other people helps and listening to their Q&A.”

3.5       Financial Implications

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

-   Unbudgeted work during the current financial year?

-   Unbudgeted work for any of the years remaining in the current Long Term Plan?

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

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

4.         Next Steps

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

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

Staff will analyse feedback to inform the development of policy options, recommendations, draft plan change text, and section 32 evaluations.

Detailed planning is underway for targeted stakeholder engagement for the draft plan in early 2024. This will include Māori, councils, members of RESOF, key stakeholder organisations, and participants from this phase of engagement.

A link to this agenda report will be made available online to be shared with participants from the April-September engagement who provided their contact details, with an indication of next steps in the planning process.

An outline of planned engagement activities for 2024 will come back to this committee in December.

Attachments

Attachment 1 - Summary of Hui ā Rohe activities and feedback

Attachment 2 - Summary of community attendance at freshwater events and interests represented

Attachment 3 - Demographics of respondents through hardcopy and online feedback for Essential Freshwater (April-Sept 2023)

Attachment 4 - Key themes in community feedback (Essential Freshwater)  

 


Strategy and Policy Committee                                                               31 October 2023

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Strategy and Policy Committee                                                               31 October 2023

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Strategy and Policy Committee                                                               31 October 2023

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Strategy and Policy Committee                                                               31 October 2023

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Report To:

Strategy and Policy Committee

Meeting Date:

31 October 2023

Report Writer:

Julie Bevan, Policy and Planning Manager

Report Authoriser:

Namouta Poutasi, General Manager, Strategy and Science

Purpose:

To provide an update on Council’s operating environment.

 

 

Operating Environment

 

Executive Summary

This report covers the operating environment areas that influence and inform Council’s policy direction and work. It provides information on the operating environment and the reforms that will potentially have considerable impact on our local government functions.

The impact of the election on resource management is yet unknown.  While details are being worked through, there is still national direction in place and being consulted on which influences our work.  This report covers:

·          Resource Management System Reform Update.

·          Draft Transitional National Planning Framework Proposal.

·          Proposed National Policy Statement - Natural Hazard Decision-making (NPS-NHD), outlines the consultation document NPS-NHD aims, presents a draft submission (attached) and seeks Strategy and Policy Committee agreement to submit this, on behalf of BOPRC.

·          National Environmental Standards for Commercial Forestry.

·          Regional Pest Management Plan - a partial review.

 

 

Recommendations

That the Strategy and Policy Committee:

1       Receives the report, Operating Environment; and

2       Supports the proposed draft submission on the Proposed NPS-NHD including any feedback provided.

 

1.         Introduction

This report provides a briefing on the range of Government reforms and legislative change proposals that might require changes to the scope of our work.

Also included in the report is short summary of a partial review of the Regional Pest Management Plan (RPMP) that will be reported to a future Regional Council meeting.

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.

The delivery of Regional Policy Statement (RPS) and Regional Natural Resources Plan (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

We anticipate changes as a result of the recent election, including the potential repealing of current resource management reform.  The following is a summary of what is currently in place and includes updates as indicated in other Committees previously.

2.1       Resource Management System Reform Update

The Natural and Built Environments Act (NBA) and Spatial Planning Act (SPA) were passed into law on 23 August 2023 and came into effect on 24 August 2023.

The Resource Management Act (RMA) has not been repealed and all documents prepared under the RMA (i.e. all national direction, operative and proposed RMA plans and existing resource consents) remain in force during the transition period.  There are a small number of changes outlined in Section 2.1.4 below.

It was anticipated that over the next 10-year period, there would be a gradual transition away from the Resource Management Act to the new Spatial Planning Act and Natural and Built Environment Act.  The NBA and SPA will work together to improve planning and reduce the need to make decisions on a consent-by-consent basis. 

The third piece of legislation (the Climate Change Adaptation Act) was intended to be introduced to Parliament later.

As noted above we anticipate change as a result of the election and that we will likely be clearer on the implications early next year.

2.1.1    Natural and Built Environments Act

The current NBA sets out how the environment will be protected and used. It covers land use, along with environmental protection, water takes, discharges and use of the coastal marine areas.  The NBA is the main replacement for the Resource Management Act 1991.

It requires each region to develop a Natural and Built Environment Plan (NBE) for land use and environmental management. These will replace the regional policy statements and district and regional plans currently required under the RMA.  Nationally, over 100 regional policy statements and regional and district plans will be consolidated into 16 NBE plans.

2.1.2    Spatial Planning Act

The SPA currently requires each region to develop a regional spatial strategy (RSS) that sets out the long-term issues, opportunities and challenges for development and the environment in the region.

RSS will set out the long-term (30 to 100 years) high-level strategic direction for each region. They’ll include maps and other illustrations to set a vision and objectives for the region and identify significant areas that:

·       need environmental protection, restoration or enhancement

·       have cultural significance and resources that are of significance to Māori

·       are at risk of natural hazards and climate change

·       are appropriate for housing and development

·       are strategic sites and indicative locations for future infrastructure

·       need significant land use change, either for development or for environmental protection and restoration.

Each RSS will have an implementation plan that sets out the key actions and who will be responsible for its delivery. RSS will guide the development of NBE plans and will be renewed every nine years.

2.1.3    Regional Planning Committee

Under the current new reform, a Regional Planning Committee (RPC) in each region will develop the RSS and NBE plans in consultation with communities. The RPC will have at least six members: local councils can appoint at least one member each, and at least two members will be appointed by iwi and hapū. A central government representative will join the committee for developing the RSS.

This may change as a result of the election.

2.1.4    Changes to the Resource Management Act 1991

A small number of changes to the Resource Management Act 1991 (RMA) applied from 24 August, 2023.  Examples include:

·       fast-track consenting for certain housing and infrastructure developments

·       a new maximum duration for new freshwater-related consents - these restrictions apply to applications received after 24 August 2023 and up until a region has notified its decisions on its NBE. Some activities are exempt from shorter durations, for example public water supplies, certain nationally significant infrastructure, and all existing hydro-electricity generation schemes can receive consents for longer periods.

·       changes to widen council compliance and enforcement powers and penalties

·       changes to the management of contaminated land

·       changes to aquaculture management

·       changes to expand who can apply to be a requiring authority.

2.2       Draft Transitional National Planning Framework Proposal

Further engagement is still occurring on the transitional National Planning Framework (NPF) proposal to make sure it is fit for purpose when it was anticipated (prior to the election) to be released by the Minister for the Environment for public consultation in April 2024.

This statutory pre-engagement with local government and Māori is required under the Natural and Built Environment Act (NBA). It enables us as key implementers of the new RM system to review and provide feedback on an engagement draft of the NPF reflecting our knowledge and experience of implementing the system.

The NPF includes a new Part on infrastructure. This was led by the Infrastructure Commission. It will introduce a more certain and enabling approach to infrastructure provision while still retaining and enhancing important environmental protections. It includes the creation of standards for activities like sediment control, provisions supporting emissions reductions targets and it enables more permitted activities, leading to fewer costly consents.

Staff are currently reviewing the draft transitional NPF proposal document and if any feedback is considered to be necessary it will be reported to the Strategy and Policy Committee for review and approval. Feedback on the engagement draft of the transitional NPF proposal is still requested by 13 December 2023.

Again it is not clear what impact the election will have.

2.3       Proposed National Policy Statement - Natural Hazard Decision-making

MfE had released a consultation document on the Proposed National Policy Statement - Natural Hazard Decision-making (NPS-NHD) on 18 September and are currently seeking feedback by 20 November 2023. Link to the document - Proposed-National-Policy-Statement-for-Natural-Hazard-Decision-making-2023.pdf (environment.govt.nz)

The proposed NPS-NHD aims to:

·       minimise risks from natural hazards to people, communities, the environment, property, and infrastructure, and improve the ability of communities to quickly recover after natural hazard events.

·       sets direction on the broad spectrum of potential impacts from natural hazards that decision-makers must consider when making decisions on regional policy statements, plans, resource consents and designations in relation to new development.

·       identify three natural hazard risk categories (high, moderate and low).

·       direct local government decision making on new development under the RMA in areas that were at high risk from natural hazards, to manage risks to people and property from natural hazards such as floods, landslides and coastal inundation.

·       provide local authorities with greater certainty and confidence about how to weigh and consider natural hazard risk (including the effects of climate change) against other competing interests in decision-making policy.

·       also provide for the social, economic and cultural wellbeing of people and communities by enabling new facilities, services and developments for cultural needs and purposes if the risks can be assessed and mitigated appropriately.

Staff have reviewed the Proposed NPS-NHD and support the national direction for taking a risk-based approach to natural hazards, however the policies should be improved to include separate outcomes for existing development (brownfield) and new development.  Implementation of a risk-based approach is dependent on a clear risk assessment methodology and more importantly a clear definition of what is a Low (acceptable) level of risk. Both of these components are currently missing, and it will be important to develop these to ensure this new policy tool can be implemented on the ground effectively.

The proposed draft submission on the Proposed NPS-NHD is attached to this Agenda Report for Strategy and Policy Committee review and approval.

2.4       National Environmental Standards for Commercial Forestry

The National Environmental Standards for Commercial Forestry (NES-CF) was previously called the National Environmental Standards for Plantation Forestry and the name change is to reflect the inclusion of exotic continuous-cover forests (carbon forests) that are deliberately established for commercial purposes.

The regulations were gazetted on Thursday 5 October and come into force on 3 November 2023 and new activities will need to comply with the NES-CF from this date.

Under the NES-CF changes, the non-indigenous forests planted for carbon sequestration will now be managed in the same way as plantation forests. Provisions have been tightened to reduce the risks of damage to downstream communities as experienced in Tairāwhiti and Wairoa districts during Cyclone Gabrielle. 

Under the new regulations there are changes to slash management requirements.  Slash longer than two metres, and with a large-end diameter of more than 10 cm, must be removed after harvesting from erosion-prone land unless it is unsafe to do so. This is a minimum standard across the country, and councils can apply more stringent requirements if they choose.

Where foresters are unable to meet the national standards, they will need to obtain resource consent, meaning councils consider the risks and impacts on a site-by site basis.

Councils will be able to have rules in their plans controlling where new commercial forests are located, developed in consultation with their communities.

2.5       Regional Pest Management Plan

Staff intend to bring a paper to Council in December seeking endorsement to undertake a partial review of the Regional Pest Management Plan (RPMP). A partial review is provided for by Section 100D(2) of the Biosecurity Act 1993 (BSA) if Council has reason to believe that relevant circumstances have changed since the plan commenced.  

As we keep being reminded the pest management landscape continues to evolve:

·       A second species of wallaby (parma) has been confirmed in our region. The RPMP only includes the ‘known’ dama species and therefore RPMP provisions only apply to dama wallabies. Staff are proposing to include all species of wallabies as a pest in the RPMP.

·       Phytopthora agathicida, PA, (formerly referred to as Kauri dieback) has been provisionally identified in our region. If this result is confirmed Council will need to change its focus from exclusion to appropriate management. Staff are proposing PA be changed from an exclusion pest to a progressive containment pest.

·       Staff are experiencing implementation issues with wilding conifers. There are some species of wilding conifer staff consider need to be managed whether or not they are in ‘wilding’ form. National guidance on this matter is currently being reviewed and staff are proposing some conifer species are included as pests in their own right (rather than being limited to ‘wilding’).

·       Kiwifruit Vine Health (KVH) is forecasting an increased possibility of abandoned kiwifruit orchards in the near future. If this situation occurred, it would contribute to the spread of wild kiwifruit.  While the RPMP currently contains a rule to manage the risk of abandoned orchards, KVH and Council Staff believe it could be strengthened by clarifying definitions of ‘abandoned’ and ‘unmanaged’ orchards. KVH propose providing support to Council to manage abandoned orchards, should they eventuate. There is an opportunity to ensure KVH and the RPMP management approaches are aligned through a plan review.

·       The Eradication Pest Plant Spartina has had its taxonomy reviewed and is now known as Sporobolus alterniflorus (formerly known as Spartina alterniflorus) and staff propose using this opportunity to update its name.

·       While at this stage the proposed partial review would be limited to the matters set out above, any changes in national pest management direction or new pest incursions could also be considered.

Under the BSA there are a number of steps and decisions points that need to be complied with as an RPMP is reviewed.

3.         Considerations

3.1       Risks and Mitigations

The impact of the election in relation to resource management reform is unknown.  Regular updates will continue to be provided to this committee.

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

Subject to the Committee’s agreement or any specific feedback, staff would submit the attached Proposed Key Submission Points on the NPS-NHD to the Ministry for the Environment, on behalf of BOPRC.

As further details on areas under reform or future changes 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 - Proposed NPS-NHD 2023 Draft Submission  

 


Strategy and Policy Committee                                                               31 October 2023

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Report To:

Strategy and Policy Committee

Meeting Date:

31 October 2023

Report Writer:

Jane Palmer, Senior Planner Climate Change and Nic Newman, Climate Change Programme Manager

Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Purpose:

To seek Council’s agreement to, or specific feedback on, the draft submission attached.

 

 

Draft submission to Environment Select Committee inquiry into climate adaptation

 

Executive Summary

·        The Parliamentary Environment Committee has opened an Inquiry into Climate Adaptation, which is considering options for community-led retreat and adaptation funding. Submissions to the inquiry will inform the development of the draft Climate Change Adaptation Bill, as part of the resource management reforms.

·        Clear legislation is urgently required to address the many unresolved issues and questions around adaptation planning and managed retreat, particularly around the decision-making process and resourcing.

·        The purpose of this paper is to present Councillors with a draft submission (attached) and seek Council’s agreement to submit this, on behalf of BOPRC.

 

Recommendations

That the Strategy and Policy Committee:

1       Receives the report, Draft submission to Environment Select Committee inquiry into climate adaptation; and

2       Supports the submission to the Environment Select Committee, including any feedback provided.

 

1.         Introduction

The Parliamentary Environment Committee has opened an Inquiry into Climate Adaptation, which is considering options for community-led retreat and adaptation funding. Consultation closes on 1 November.

In anticipation of the inquiry, the Ministry for the Environment published a paper on Community-led retreat and adaptation funding: Issues and options to support and inform submissions. The paper looks at the current system and what new powers, roles and responsibilities might be needed to support community-led retreat, as well as how the costs of adaptation could be met.

The purpose of this paper is to present Councillors with a draft submission (attached) and seek Council’s agreement to submit this, on behalf of BOPRC. Alternatively, Council could:

·       provide specific feedback to staff on the submission before finalising it, or

·       direct staff to not submit on this consultation.

The draft submission responds to questions provided in the MfE issues and options paper. The submission was drafted with input from across BOPRC, including from the Climate Change, Community Engagement, Policy and Planning, Te Amorangi, Legal, Civil Defence and Emergency Management and Environmental Strategy Teams.

1.1       Legislative Framework

The Government has taken steps to adapt to climate change through the first national adaptation plan, the national climate change risk assessment and resource management reforms. As one of the three new pieces of legislation under the resource management reforms, the Climate Change Adaptation Bill is proposed to address issues around managed retreat and adaptation funding. In order to inform the development of the proposed Bill, the Minister for the Environment has asked the Environment Committee to initiate an inquiry into community-led retreat and adaptation funding.

The Government is also preparing new national direction under existing resource management legislation on natural hazard management, including on risk assessment and planning measures. Public submissions to the inquiry on community-led retreat and adaptation funding will also inform this work.

1.2       Alignment with Strategic Framework

 

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.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

 

þ Cultural

 

þ Social

 

þ Economic

 

 

2.         Draft submission

Key points raised in the submission include:

·       The current approach to community-led retreat and adaptation funding lacks clarity around roles, responsibilities and resourcing. A suitable framework needs to provide sufficient clarity whilst remaining responsive and flexible to different scales and contexts.

·       In terms of potential institutional arrangements, clarity around role and responsibilities is urgently needed but it needs to reflect the different scales and contexts for adaptation planning.

·       Communities need to be enabled and resourced to undertake local adaptation planning processes themselves; community involvement and empowerment is crucial for successful adaptation.

·       Inadequate investment has been a major barrier to Māori-led adaptation. We support the concept of a place-based process whereby local iwi or hapū lead the risk assessment process for whenua Māori or culturally important areas, with the responsible agency providing support, such as resources or information, where required.

·       Many Māori communities have limited options in terms of land availability for relocation, particularly in urban settings: appropriate land needs to be available to ensure authentic land options are available.

·       The Bay of Plenty Regional Council’s Community Led Adaptation Fund has demonstrated the effectiveness of flax roots climate change adaptation planning directly by communities, at their scale. A similar model could be replicated by Central Government, with the Māori Climate Action Platform providing one mechanism to deliver such support.

·       There is currently no explicit requirement for local government to undertake climate change risk assessments or adaptation planning. Such a requirement would ensure a consistent baseline of information across the country to enable all parties to progress with considering and responding to these risks.

·       Guidance around risk assessments and adaptation planning is also disparate and scattered across multiple documents and pieces of legislation – this needs to be consolidated into a central reference point with clear, simple and consistence guidance which provides clarity around scale, time horizons and specific climate change scenarios.

3.         Considerations

3.1       Risks and Mitigations

There are no significant risks associated with providing a submission.

3.2       Climate Change

Climate change could potentially have significant impact on numerous communities, in the region. Many are located in coastal or low lying areas, potentially exposed to flooding and coastal hazards. The issue of managed retreat is already being explored by some of our communities and clear legislation which addresses issues around decision-making and funding for adaptation planning and retreat is urgently needed.

3.3       Implications for Māori

There are specific responses in our submission which relate to Te Tiriti-based adaptation.

3.4       Community Engagement

Community engagement on the draft submission is not required.

3.5       Financial Implications

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

4.         Next Steps

Subject to the Committee’s agreement or any specific feedback, staff would submit the attached response to the Environment Committee, on behalf of BOPRC.

Staff understand that sector-wide submissions are being worked on by Aotearoa Climate Adaptation Network, Te Uru Kahika, LGNZ and Taituara. These are still in the early stages of being drafted, but we will seek to feed into these processes and align our submission with these sector responses as far as possible.

Subject to Councillors’ agreement or any feedback, staff could also share our draft submission with this wider group. Staff will update Councillors on any progress with these wider submissions at the Committee meeting.

Attachments

Attachment 1 - Draft submission on climate adaptation inquiry  

 


Strategy and Policy Committee                                                               31 October 2023

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