Agenda of Strategy and Policy Committee

Strategy and Policy Committee

Membership

Chairperson	Cr Paula Thompson
Deputy Chairperson	Cr Kat Macmillan
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Six weekly rotation between committee meetings and strategic sessions

Purpose

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

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

Role

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

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

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

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

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

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

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

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

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

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

· Develop and review bylaws.

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

Power to Act

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

The Strategy and Policy Committee is not delegated authority to:

· Approve the Regional Policy Statement and bylaws;

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

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

· Approve Council submissions on Māori related matters;

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

Power to Recommend

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

Recording of Meetings

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

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

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

Strategy and Policy Committee Minutes

20 February 2024

Strategy and Policy Committee

Open Minutes

Commencing: Tuesday 20 February 2024, 9.30am

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

Chairperson: Cr Paula Thompson

Deputy Chairperson: Cr Kat Macmillan

Members: Cr Malcolm Campbell (via Zoom)

Cr Stuart Crosby

Cr Toi Kai Rākau Iti

Chairman Doug Leeder

Cr Matemoana McDonald

Cr Jane Nees

Cr Ron Scott

Cr Ken Shirley

Cr Lyall Thurston (via Zoom)

Cr Andrew von Dadelszen

Cr Te Taru White (via Zoom)

Cr Kevin Winters (via Zoom)

In Attendance: Staff: Fiona McTavish – Chief Executive; Namouta Poutasi – General Manager, Strategy and Science; Chris Ingle – General Manager, Integrated Catchments; Kataraina O’Brien – General Manager, Strategic Engagement; Julie Bevan – Policy and Planning Manager; Stephen Lamb – Environmental Strategy Manager; Nicki Green – Principal Advisor Policy and Planning; Paula Golsby – Principal Advisor, Consents; Karen Parcell – Team Leader Kaiwhakatinana; Dean Howie – Programme Manager, Regional Economic Development; Penny Doorman – Programme Leader, Geothermal; Freya Camburn – Senior Policy Analyst; Jenny Teeuwen – Committee Advisor

External: Julian Fitter - Environmental Consultant; Brent Mountfort and Jesse Brennan – BOP Federated Farmers; Shay Schlaepfer – Chief Operating Officer, Environmental Defence Society (FDS)

Apologies: Cr Te Taru White for late arrival

1. Chairperson’s Opening Statement

Chairperson Cr Paula Thompson opened the meeting and reminded those present that 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 Committee - 20 February 2024 (youtube.com)

2. Apologies

Resolved

That the Strategy and Policy Committee:

1 Accepts the apology from Cr White for late arrival, tendered at the meeting.

Thompson/Macmillan

CARRIED

3. Order of Business

There was no change to the order of business but it was noted that item 8.1 - Spatial Planning Verbal Update, had been withdrawn from the agenda and was deferred to the next meeting.

4. Declaration of Conflicts of Interest

None declared.

5. Minutes

Minutes to be Confirmed

5.1

Strategy and Policy Committee Minutes - 31 October 2023

Resolved

That the Strategy and Policy Committee:

1 Confirms the Strategy and Policy Committee Minutes - 31 October 2023 as a true and correct record.

Nees/Shirley

CARRIED

6. Presentations

6.1

National Policy Statement - Indigenous Biodiversity (NPS-IB)

Presentation: Environment and Wildlife Partnership Proposal: Objective ID A4603513

Presented by: Julian Fitter - Environmental Consultant

Key Points

· Better protection of our environment and wildlife was urgently needed.

· New Zealand had over 100,000 native species, with 80% found only in New Zealand.

· 429 priority biodiversity sites (PBS) had been identified by Bay of Plenty Regional Council (BOPRC) and the Department of Conservation (DOC) – 196 received some level of active management, 233 had no active management.

· Of the 47 identified high priority Category One sites, 53% received no level of management, 25% received some level, and only 13% received good or excellent management.

· Proposed an Environment and Wildlife Partnership for the Bay of Plenty. Provided overview of the Partnership’s aim and who would be involved.

· Discussions with BOPRC, DOC, and other stakeholders would take place over the next few months. Hoped to have a report and a further presentation available by August 2024.

· Was looking for BOPRC to be a partner but not the lead agency of the Partnership.

In Response to Questions

· The next step (Stage One) would involve contacting other potential partners/funders including Bay Trust, TECT and EnviroHub.

· Jobs for Nature were more project focussed, while the proposed Partnership would be more long-term “results on the ground” focussed.

· The biodiversity credits system could be considered as a funding stream; however, the Bay of Plenty was a wealthy area and there should be numerous funding opportunities to tap into.

· Staff would speak further with Mr Fitter regarding the Partnership proposal and how BOPRC might be involved.

6.2

Freshwater Programme - BOP Federated Farmers

Presentation: Freshwater Programme - BOP Federated Farmers: Objective ID A4603759

Presented by: Brent Mountfort and Jesse Brennan - BOP Federated Farmers

Key Points

· Provided overview of the Federated Farmers organisation. Over 620 active members in the Bay of Plenty region.

· Acknowledged the time and resources that had gone into BOPRC’s Freshwater process to date.

· Would like to see BOPRC pause the process until it was clearer what the new National Policy Statement for Freshwater Management (NPS-FM) looked like, or what the Government’s next move might be.

· The preferred notification date was September 2025.

· Provided overview of the implications and challenges for farmers regarding Te Mana o Te Wai.

· Relationships would be a crucial part of the Freshwater process going forward, particularly with the farming community, and Federated Farmers would like to assist with this in any way possible.

In Response to Questions

· Federated Farmers were supportive of the September 2025 notification date, noting any extension to the original December 2024 notification date would be beneficial and welcomed.

· A heavily prescriptive planning approach did not work. Did not want to see farmers overburdened with large costs, but coming up with a middle ground would be a challenge.

· Farmers had not been “sitting on their hands” over the last 10 to 20 years and significant change had occurred to the way farmers were operating. It was important to build on the work that farmers were already doing.

· In the past, farming had been mainly focussed on production (high inputs, high outputs); now the focus was more on profitability (how to make more out of less). The environment was also becoming equally important.

· Federated Farmers were always looking for alignment with other organisations.

6.3

Freshwater Programme - Environmental Defence Society (EDS)

Presented by: Shay Schlaepfer - Chief Operating Officer, EDS

Key Points

· EDS has extensive involvement in freshwater matters and was also a key player in government policy relating to freshwater.

· Notwithstanding the Government’s extension to the deadline for notification of Freshwater Plans, BOPRC had a legal requirement to give effect to the NPS-FM in its regional policy and plans ‘as soon as reasonably practicable’ (section 55 of the Resource Management Act 1991 (RMA), and clause 4.1 of the NPS-FM), which meant without delay.

· With draft changes already ready to go, EDS supported Option 1 in the Freshwater Policy Programme: Timeframes report being presented at today’s meeting (March 2025 notification date).

· EDS was aware that some Ministers were recommending to councils to pause their freshwater plan making processes until after the new Government had changed the NPS-FM. EDS cautioned that this recommendation was contrary to councils’ legal obligations and should not be followed.

· Acknowledged the difficult position BOPRC had been put in with respect to timing given the Government’s announcements, but asked that BOPRC please just ‘get on with it’.

In Response to Questions

· BOPRC had the discretion to notify before the December 2027 date. Delaying further would only incur more costs.

· BOPRC had the opportunity to be an exemplar in this space.

· EDS would be doing their best to speak with every council throughout the country.

10.48am – the meeting adjourned.

11.10am – the meeting reconvened.

7. Reports

7.1

Operating Environment

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

Julie Bevan – Policy and Planning Manager

In Response to Questions

· There had been no mention of changes to the National Planning Standards in the Government’s recent announcements and staff continued to work on this, i.e. simplifying, regrouping and reformatting etc.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment.

Thompson/Crosby

CARRIED

7.2

Freshwater Policy Programme: Timeframes

Presentation: Freshwater Policy Programme: Timeframes: Objective ID A4603593

Presented by: Stephen Lamb – Environmental Strategy Manager

Nicki Green – Principal Advisor Policy and Planning

Fiona McTavish – Chief Executive

Paula Golsby – Principal Advisor, Consents

Key Points

· Four options were presented and assessed. The staff recommendation was for Option 2: September 2025 notification date.

· Outlined the main reasons for amending the timeframe to September 2025.

· Chief Executive Fiona McTavish noted the following:

- Attended a meeting last Friday with all regional and unitary councils. Key points included:

o It was important to recognise the new Ministers’ direction and to work with Government to implement this direction.

o It was also important to progress Regional Policy Statements (RPS) and regional plan changes where there was good reason to do so.

- Believed there were good reasons to do so in the Bay of Plenty.

- Recommended that Councillors wrote to Ministers inviting them to the Bay of Plenty to understand the rationale for progressing the plan changes here.

- It would be important for staff to be adaptive going forward.

- Endorsed staff recommendation Option 2 as a practical way forward.

11.22am – Cr White entered the meeting (via Zoom).

In Response to Questions

· A more “streamlined” Regional Natural Resources Plan (RNRP) would be shorter, more fit for purpose, and would have clear objectives, clear policies and rules, and would also absorb/replace the On-site Effluent Treatment (OSET) Regional Plan and the Tarawera Catchment Regional Plan.

· Terms of consents could not be reduced based on potential pending policy change but new consent review conditions could be included.

11.30am – Cr Campbell withdrew from the meeting.

· Councillors sought clarity regarding the Government’s intention to “Allow district councils more flexibility in how they met environmental limits and seek advice on how to exempt councils from obligations under NPS-FM”. Staff advised that this appeared to refer to recent plan changes that had notified target attributes and stated requirements that would put a huge burden on some district councils with their water treatment, stormwater, and wastewater infrastructure.

· It was the Government’s intention to continue with Freshwater Farm Plans (FFPs) as a key tool, but they were signalling revisiting the requirements and streamlining for more efficiency. There was no detail yet about what the approach might be.

· The option remained available to Council to further extend the notification deadline if, prior to the September 2025 notification date, it became obvious that NPS-FM changes would require significant amendments to the plan changes that would take more time.

Key Points - Members

· Overall, the staff recommendation (Option 2 – notification date September 2025) was supported, with an additional recommendation to invite Ministers Bishop and Simmonds to the Bay of Plenty.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Freshwater Policy Programme: Timeframes.

2 Decides to extend the timeframe for notifying Proposed Regional Policy Statement Change 7 (Freshwater) and Proposed Regional Natural Resources Plan Change 19 (Freshwater) from December 2024 to September 2025.

3 Notes staff will write to Ministers Bishop and Simmonds inviting them to meet with Bay of Plenty Regional Council to understand our Freshwater context further and to understand Government direction further.

Iti/Thompson

CARRIED

7.3

Regional Plan Amendment for Greenhouse Gas Emissions from Industrial Process Heat

Presented by: Karen Parcell – Team Leader Kaiwhakatinana

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Regional Plan Amendment for Greenhouse Gas Emissions from Industrial Process Heat.

2 Agrees to make the amendment to the Air chapter of the Regional Natural Resources Plan as directed by the National Policy Statement for Greenhouse Gas Emissions from Industrial Process Heat.

Thompson/Nees

CARRIED

7.4

Regional Economic Development Operational Update

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

Stephen Lamb - Environmental Strategy Manager

In Response to Questions

· Discussions had occurred with key Bay of Connections stakeholders. There had been understanding of the decisions BOPRC had made, with no negative reaction.

· Staff were currently framing up options for the future of the activity and these would be presented to Councillors in due course. In the meantime, the work was moving forward and avenues to progress next steps were being explored.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Regional Economic Development Operational Update.

2 Approves the disestablishment of the Bay of Connections Leadership Group, with an effective end date of Thursday 29 February 2024.

3 Notes the future direction of the Regional Economic Development activity is subject to the outcome of public consultation on the Draft Long Term Plan and subsequent deliberations.

von Dadelszen/Scott

CARRIED

7.5

Plan Change 11 Geothermal

Presented by: Penny Doorman – Programme Leader, Geothermal

Freya Camburn – Senior Policy Analyst

Key Points

· Noted that the key drivers for Geothermal Regional Plan Change 11 (PC11) were different to the drivers for the Freshwater plan changes.

· Four broad options were presented. The staff recommendation was for Option 1: To continue progressing PC11 for notification in March 2025.

· Provided an explanation of System Management Plans (SMPs), in particular, the SMPs for Rotorua, Tauranga and Kawerau, and how these related to the PC11 process.

12.18pm – Chairman Leeder withdrew from the meeting.

· Provided an update on the recent Rotorua SMP hearings and deliberations process. The Hearings Panel’s final report and recommendations were expected to be presented to the Strategy and Policy Committee in April 2024.

· Provided an update on the review of the Tauranga and Kawerau SMPs.

In Response to Questions

· The geothermal systems across the Bay of Plenty (approximately 12) were all different with varied levels of information and complexity. Early drafting of the Tauranga SMP and review of the Kawerau SMP were already underway, and the current evidence base and some initial iwi engagement should enable the March 2025 timeframe for notification of PC11 to be achieved; however, this would be dependent on engagement with iwi.

12.41pm – Chairman Leeder entered the meeting.

· Provided explanation of how the review of the Tauranga SMP process would integrate into the new timeframes for the Freshwater plan changes.

· Acknowledged the request for further information regarding the Tauranga SMP and its relationship with the Freshwater Policy Programme. An update would be provided at the next meeting in April 2024.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Plan Change 11 Geothermal.

2 Agrees a timeframe of March 2025 for notification of Proposed Plan Change 11 Geothermal (region-wide).

von Dadelszen/Crosby

CARRIED

12.48pm – the meeting closed.

Confirmed

Cr Paula Thompson

Chairperson, Strategy and Policy Committee



Report To:	Strategy and Policy Committee
Meeting Date:	9 April 2024
Report Writer:	Julie Bevan, Policy and Planning Manager; Nassah Rolleston-Steed, Principal Advisor, Policy and Planning and Antoine Coffin, Manager, Spatial Planning
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 Resource Management Act (RMA) Reform changes – Fast-track Approvals Bill had its first reading on 8 March 2024 and will now go through the select committee process. While future RMA Reform changes are still not clear and have not yet been developed, there is still national direction in place and engagement has been undertaken to enable the delivery of our work programmes.

This report covers:

· Resource Management Reform

· Fast-track Approvals Bill 2024

· Upcoming Legislative and Government Policy Changes

· National Policy Statement for Highly Productive Land

· National Planning Standards RPS Compliant Update

· Strategy and Policy Committee Work Programme

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment.

1. Introduction

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

Also included in the report is a summary of the Strategy and Policy Committee Tentative Work Programme 2024 which sets out the process stages for proposed changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) to ensure that Councillors are aware of the upcoming reporting and decision-making programme.

1.1 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	Good decision making is supported through improving knowledge of our water resources. We listen to our communities and consider their values and priorities in our regional plans. We collaborate with others to maintain and improve our water resource for future generations. We deliver solutions to local problems to improve water quality and manage quantity. We recognise and provide for Te Mana o Te Wai (intrinsic value of water).
Safe and Resilient Communities	We work with communities and others to consider long term views of natural hazard risks through our regional plans and policies.
A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.
The Way We Work	We 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

2.1 Resource Management Reform

The coalition Government is continuing work on its phased approach to resource management system reform. The Government has previously announced a three phased approach to resource management reform.

Phase one includes the repeal of the Natural and Built Environment Act and Spatial Planning Act in December 2023.

Phase two includes a fast track consenting Bill (see below), targeted amendments to the RMA (which may involve renewable energy consenting, farming provisions, housing development provisions, enabling aquaculture and other primary industries).

The third phase of the reform will replace the RMA with new resource management legislation. Replacement legislation is planned to be in place in 2025.

A diagram of the Resource Management Reform System presented to cabinet is attached – see Attachment 1.

2.2 Fast-track Approvals Bill 2024

The Minister Responsible for RMA Reform introduced the new Fast-track Approvals Bill 2024 (Bill) on 8 March 2024 which enables a permanent fast-track decision-making process for infrastructure and development projects that are considered to have significant regional or national benefits.

The Bill’s purpose is to provide a fast-track decision-making process that facilitates the delivery of infrastructure and development projects with significant regional or national benefits. The Bill is aimed at making the approvals process faster and more efficient for a wide range of regionally and nationally significant infrastructure and development projects, including housing developments and renewable energy. Unlike the previous Covid 19 Recovery (Fast Track Consenting) Act 2020, the Bills purpose does not currently include promoting the sustainable management of natural and physical resources.

The Bill states that a project is not ineligible just because the project includes an activity that is a prohibited activity under the Resource Management Act 1991.

The bill would establish a separate process for the following approvals:

· resource consents, notices of requirement, and certificates of compliance (Resource Management Act 1991)

· concession under the Conservation Act 1987 and concessions and other permissions under the Reserves Act 1977

· authority to do anything otherwise prohibited under the Wildlife Act 1953

· archaeological authority (Heritage New Zealand Pouhere Taonga Act 2014)

· marine consents (Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012)

· land access (Crown Minerals Act 1991)

· aquaculture activity approvals (Fisheries Act 1996).

There is provision in the bill for a list of individual projects to be included that will be automatically referred to an Expert Panel. This list is not included in the bill as introduced to Parliament. The Government intends to run a public process to gather suitable projects, and more information will be made available on this in due course.

Projects would be assessed for their compliance with these arrangements before being referred to the Expert Panel. Submissions on the Bill that will be considered by the Environment Select Committee close on Friday, 19 April 2024.

2.3 Upcoming Legislative and Government Policy Changes

2.3.1 Existing Marine Farm Consents

The Central Government is proposing a Resource Management Act 1991 (RMA) change regarding consent durations on marine farming consents. They are committed to delivering longer durations for existing marine farm (aquaculture) consents. The scope is focussed on automatically extending all existing marine farm consents for 25 years.

The proposal is:

· All existing marine farming consents will have a consent expiry date moved 25 years out from the current expiry date. No farms will be excluded.

· This extension will be automatic and will not require an application.

· Only the expiry date of each consent will change, with no changes to/or consideration of consent conditions.

This proposal requires a legislative change to the RMA which is anticipated to be delivered this year through RMA amendments.

2.3.2 Significant Natural Areas Changes

The Associate Environment Minister announced on 14 March 2024 that Significant Natural Areas requirement for councils to comply with the Significant Natural Areas (SNA) provisions of the National Policy Statement for Indigenous Biodiversity (NPSIB) will be suspended for three years, while it replaces the Resource Management Act (RMA).

All councils have had to protect areas with significant indigenous biodiversity since the Resource Management Act (RMA) was introduced in 1991. This requirement remains in place and existing SNAs and biodiversity protection rules already in plans and policy statements remain in place as they aren’t affected by the suspension. Other NPSIB provisions including the management of existing SNAs will continue to apply.

The Associate Environment Minister has also asked for a review of the operation of existing SNAs more broadly, including those implemented under the powers that councils have in the RMA. This review is being scoped now but we don’t know what the final change will be and when it will occur.

2.3.3 National Environmental Standards for Air Quality

The National Environmental Standards for Air Quality (NES-AQ) set a guaranteed minimum level of health protection for people living in New Zealand.

In 2020 the Government proposed amendments to some provisions of the NES-AQ. The Government proposed changes to the NES-AQ to take into account improved scientific understanding and evidence about the health impacts of particulate matter and to better target controllable sources of air pollution.

They proposed a shift from PM10 (coarser particles) to PM2.5 (finer particles) in line with supporting evidence of the health impact of the finer particles (PM2.5). Regional councils have been waiting since 2020 for the PM2.5 NES-AQ to be implemented by the Government.

In March the Local Government Minister Simeon Brown wrote ‘A message from the top’ in the Local Government Magazine which said, "My role as Minister, with the support of my colleagues in the Coalition Government, is to put in place the tools, frameworks, and legislative settings, that councils and local leaders can then select from to do what they need to do locally. In a way that makes sense for them.”

Many towns and cities have unsafe air that is silently impacting communities’ health. Therefore, Council may want to write directly to the Minister of Local Government and the Minister for the Environment as regional and unitary councils are responsible for managing air quality under the Resource Management Act. Regional and unitary councils are required to monitor areas where air quality is likely or known to exceed the standards and they have programmes set up to improve air quality in their airsheds. A letter to the Ministers would give air quality its due consideration, and provide the tools, frameworks, and legislative settings needed to lessen the health impact of fine (PM2.5) particulate matter across the country without further delay.

2.3.4 National Policy Statement for Renewable Energy Generation

The new government's 100-day plan states that efforts to double renewable energy production will begin, including with the development of a new National Policy Statement for Renewable Energy Generation. The current National Policy Statement for Renewable Electricity Generation 2011 (NPS-REG) came into effect in May 2011 and, since then, there has been significant development in New Zealand's climate change response and a different approach to consenting renewable energy projects, making the NPS-REG overdue for a refresh. A new NPS-REG is expected to be released for consultation in 2024.

2.4 National Policy Statement for Highly Productive Land

2.4.1 Proposed Change 8 (NPS-HPL) to the Regional Policy Statement

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

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

At its 16 May 2023 meeting the Strategy and Policy Committee gave approval for staff to commence tangata whenua, community, landowner and stakeholder consultation for Proposed Change 8 (NPS-HPL) to the Bay of Plenty Regional Policy Statement. Regional wide preliminary consultation with the region’s TAs, iwi, hapū and Māori landowners commenced in August 2023.

Early discussions with some Māori landowners indicated concerns around restrictions on the inability for Māori to provide housing on ancestral land which is in general title. The NPS-HPL restricts the ability to build homes on highly productive land in general title (i.e. not multiple-owned Māori land).

As part of discussions with the region’s TAs and mana whenua Regional Council staff committed to preparing draft RPS highly productive land maps in early 2024 and commencing a second round of consultation with them.

2.4.2 Draft RPS Highly Productive Land Maps

Draft RPS maps of highly productive land for the region have been developed and are available on Council’s website. The maps have been produced consistent with the existing surveyed LUC 1 – 3 layers which are also viewable on Regional Council’s website using the HPL Webviewer. Further refinements to the draft RPS highly productive land maps have been made in response to dialogue with the TA staff, namely to exclude future identified urban development areas and small discrete areas.

2.4.3 NPS-HPL Review by MfE and MPI

Since the NPS-HPL gazettal in October 2022 two implementation issues were identified concerning restrictions on the use of highly productive land for activities that do not rely on soil (e.g. indoor primary production/greenhouses) and renewable electricity generation (e.g. solar farms). The Ministry for Primary Industries and the Ministry for the Environment subsequently invited submissions on these implementation issues with a view to a limited review of the NPS-HPL to address them.

Komiti Māori responded to the concerns Māori landowners were raising by making submission to MPI. Although the matters raised in the Komiti Maori submission are unrelated to the primary reasons for promulgating the review, Ministry officials were open to considering and receiving the submission lodged.

On the 6 March Regional Council staff were advised MfE and MPI officials are working through a process to provide advice to Ministers on the consultation undertaken. This is part of work Government has committed to, to reduce consenting barriers for infrastructure, housing, and normal rural activities. Over the coming month Ministry officials will be reviewing the NPS-HPL to identify ways to better enable housing development and appropriately preserve highly productive land. Exactly what changes may arise and their timeframes remain uncertain at this time.

Staff intend provided a more substantive update to the 25 June Strategy and Policy Committee meeting.

2.5 National Planning Standards RPS Compliant Update

The National Planning Standards (NPStds) set specific structural, formatting, definition and ePlan requirements for the regional policy statement and regional plans. A NPStds compliant RPS is required by 3 May 2024 (except ePlan requirements) and regional plans by 3 May 2029.

At its 4 May 2021 meeting the Strategy and Policy Committee endorsed working draft structures for translating the operative Bay of Plenty Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) content into a compliant NPStds format and structure. At that meeting it was agreed the RPS NPStds compliant structure and format would be reported for approval in July 2024. Regular updates on the NPStds compliance work programme have been reported to Strategy and Policy Committee as part of reporting on the Essential Freshwater Policy Programme (EFPP).

Staff are in the final stages of converting the operative RPS into a NPStds compliant structure and format. The NPStds compliant RPS structure and format will be presented for approval at the 25 June Strategy and Policy Committee meeting. As previously reported, the approach involves utilising the existing operative RPS content while avoiding the need to undergo a formal Schedule 1 process.

2.6 Strategy and Policy Committee Tentative Work Programme

The tentative work programme for the Strategy and Policy Committee Meetings and Workshops for 2024 are set out in Attachment 2.

The work programme will be updated once further national direction is received and the delivery timeframes are confirmed.

3. Considerations

3.1 Risks and Mitigations

The impact of the reform and changes to the Resource Management Act, the National Policy Statement Freshwater Management (NPS-FM), National Policy Statement Indigenous Biodiversity and the National Policy Statement for Highly Productive Land may raise risks or may require mitigations to our delivery of legislative requirements. 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

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.

The Strategy and Policy Committee Tentative Workstream Programme will be updated and reported to the Strategy and Policy Committee at relevant Committee Meeting and Workshops throughout 2024.

Attachments

Attachment 1 - Diagram of the Resource Management Reform System presented to cabinet ⇩

Attachment 2 - Strategy & Policy Committee Work Programme ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	9 April 2024
Report Writer:	Nicola Green, Principal Advisor, Policy and Planning; James Low, Team Leader Policy (Freshwater) and Julie Bevan, Policy and Planning Manager
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To approve the timeline for council reports and decisions in order to be ready to notify proposed freshwater related plan changes in September 2025.

Freshwater Policy Programme: Timeline to deliver proposed Regional Policy Statement Change 7 (Freshwater) and proposed Regional Natural Resources Plan Change 19 (Freshwater)

Executive Summary

This paper seeks to confirm direction provided at the 19 March 2024 Strategy and Policy Committee workshop, that the targeted release date for feedback of the draft Regional Policy Statement (RPS) Change 7 (Freshwater) and Regional Natural Resources Plan (RNRP) Change 19 (Freshwater) is set down for November/December 2024. At that workshop, the Committee also identified four key policy topics they would like to revisit prior to release of the draft RPS and RNRP changes.

As a result of this direction, an updated draft timeline for council reports and decisions has been developed including targeted workshops to cover the four scheduled freshwater policy topics.

Once approved, staff will communicate the timing of the draft plan release and will start to test specific draft policy approaches and text informally with advisory fora, tangata whenua organisations and some key stakeholders. This will inform continuing improvement of the draft text and section 32 evaluation reports.

Councillors are cognisant of pending changes to national freshwater policy and regulation, and staff will continue to keep abreast of any updates and implications for the RPS and RNRP changes.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Freshwater Policy Programme: Timeline to deliver proposed Regional Policy Statement Change 7 (Freshwater) and proposed Regional Natural Resources Plan Change 19 (Freshwater) .

2 Approves the recommended timeline, noting in particular the timing for targeted release of draft changes for consultation.

1. Introduction

On 20 February 2024, the Strategy and Policy Committee decided to extend the timeframe for notifying freshwater related changes to the Regional Policy Statement and Regional Natural Resources Plan to September 2025, from December 2024. This paper presents a new timeline for council reports and decisions required in order to meet that timeframe.

1.1 Legislative Framework

This Freshwater Policy Programme implements the National Policy Statement for Freshwater Management 2020 (NPSFM), and also the requirement under the Resource Management Act 1991 (RMA) to review provisions in regional plans every 10 years. The RMA and Local Government Act 2002 set out consultation requirements, and the NPSFM also provides direction to involve tangata whenua and the community. Notably, RMA, Schedule 1, clause 3 requires Council to consult with relevant ministers, local authorities, iwi authorities and customary marine title groups prior to notification of the proposed plan changes. Release of a full draft to these parties meets that requirement and provides genuine opportunity to review proposals in full.

The government has stated it will replace the NPSFM and amend national freshwater regulations within 2 years. At this stage, there is limited clarity about the scope and direction of these changes.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	Good decision making is supported through improving knowledge of our water resources.
The Way We Work	We deliver value to our ratepayers and our customers.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The policy options and provisions within the RPS and RNRP changes will have implications across the four well-beings, and these will be considered when direction and decisions on policy topics and text are sought.

This paper only addresses the timeline to reach the agreed notification date. The implications of this decision for the four well-beings relate to:

· time available to develop and deliberate on options that will have implications across the four well-beings;

· how we maximise efficiencies and minimise costs associated with any rework required as a result of delaying the process, or of changes to national policy; and

· the social benefit and importance of providing time for feedback on draft plan change text.

2. Timeline

Freshwater Policy Programme timelines have been reset to reflect the new date, September 2025, for notifying proposed changes. Key milestones for reporting to Council are outlined in Table 1 for approval.

A key consideration is timing of release of the draft RPS and RNRP changes for targeted feedback. Councillors considered the advantages and disadvantages of proceeding with targeted release in July/August versus delaying until November/December at their 19 March Strategy and Policy Committee Workshop. They preferred to delay noting the following considerations:

· the importance of progressing to address real issues in our region, and to make best use of modelling and research that is current now.

· the importance of minimising rework when national policy and regulations are amended. We anticipate there will at least be high level scope and direction about these changes in the next few months.

Councillors also noted they would like to revisit policy options relating to the following topics prior to release of the draft, and so workshops are scheduled for this prior to August 2024:

· water quality rules affecting farming

· Te Mana o te Wai, involving tangata whenua, and recognising mātauranga Māori

· vision, outcomes and targets

· protection of rivers and wetlands

Table 1: Timeline to deliver notified proposed RPS change 9 (Freshwater) and RNRP change 17 (Freshwater) in September 2025.

Date	Council reports and decisions
2 May 2024	Additional Strategy and Policy Committee workshop: Reconsider policy approach options relating to protection of rivers and wetlands.
21 May 2024	Strategy and Policy Committee workshop: Reconsider policy approach options relating to vision, outcomes and targets.
25 June 2024	Additional workshop after Strategy and Policy Committee meeting: Reconsider policy approach options relating to water quality rules affecting farming.
6 August 2024	Strategy and Policy Committee workshop: Reconsider policy approach options relating to Te Mana o te Wai, involving tangata whenua, and recognising mātauranga Māori.
17 September 2024	Strategy and Policy Committee meeting/workshop: Approach to draft RPS Change 7 (Freshwater) and RNRP Change 19 (Freshwater) targeted release.
17 October 2024	Strategy and Policy Committee workshop: Any direction required prior to approval of target release of the draft RPS Change 7 and RNRP Change 19.
23 October 2024	Full Council meeting: Approval of targeted release of draft RPS Change 7 and RNRP Change 19.
30 October 2024	Strategy and Policy Committee workshop: Any minor direction required prior to targeted release.
November/December 2024	Draft RPS Change 7 (Freshwater) and RNRP Change 19 (Freshwater) released for feedback.
10 December 2024	Strategy and Policy Committee meeting: Updates and timeline for 2025.
February 2025	· Strategy and Policy Committee workshop: Summary of feedback received. · Convene iwi and co-governance discussions to support their appointment of a Freshwater Hearings Panel representatives.
February – April 2025	· Substantial policy amendments recommended in response to feedback. · RMA, Section 80A decisions – approval that changes are freshwater related topics to go through Freshwater Planning Process. · Select two Freshwater Hearings Panel representatives.
April-June 2025	· Receive final policy positions, plan change text and s.32 evaluations and approve position. · Receive and approve draft approach to Action Planning, draft Implementation Plan and draft Monitoring plan (required by the NPSFM 2020).
August 2025	Full Council meeting: Adoption of proposed RPS Change 7 (Freshwater) and RNRP Change 19 (Freshwater).
September 2025	Notify proposed RPS Change 7 (freshwater) and RNRP Change 19 (Freshwater).

3. Considerations

3.1 Risks and Mitigations

The main risk associated with delaying release of the draft RPS and RNRP changes is the reduced time available to fully assess and respond to feedback after the feedback period. However, officers will carry out some informal testing of working draft policy approach and text options with the Tangata Whenua Advisory Group, Rural and Environmental Sector Organisation Forum (including representatives of Beef + Lamb NZ, Dairy NZ, Department of Conservation, Federated Farmers, Fish and Game, Forest and Bird, Horticulture NZ, NZ Avocado, NZ Kiwifruit Growers Institute, NZ Forest Owners, Deer Industry NZ, and hydro-electric power generators), TLA Freshwater Collaborative Forum, and with other tangata whenua and stakeholders. This will enable staff to ensure a range of perspectives and supporting information are considered and assessed, during s.32 evaluation and drafting ahead of formal release of the draft.

3.2 Climate Change

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

3.3 Implications for Māori

The new timeline provides more time for tangata whenua engagement and advice on topics of key interest to them, and an opportunity to provide feedback on the whole draft RPS and RNRP change when it is released.

3.4 Community Engagement

CONSULT

Whakauiuia

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

Community engagement on early issues and options occurred from April to September 2023. Feedback is being considered in the development of draft plan change text and s.32 evaluations.

The timeline above includes targeted release for feedback of the draft RPS change and draft RNRP change in November.

3.5 Financial Implications

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

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

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

There are no material unbudgeted financial implications 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.

1. A series of four Strategy and Policy Committee workshops will focus on key policy topics that Councillors have indicated they wish to consider again ahead of release of the draft RPS and RNRP change.

2. Staff will:

a. update the web-site and communicate with tangata whenua organisations and key stakeholders to inform them of the amended draft plan release timing.

b. inform council of any clarification received from central government about pending national policy statement changes.

c. start informal testing of specific draft policy with advisory fora and key stakeholders.

d. continue to make editorial amendments to draft text up until the release date.

e. continue to work on developing evidence base and s.32 evaluation.



Report To:	Strategy and Policy Committee
Meeting Date:	9 April 2024
Report Writer:	Karen Parcell, Team Leader Kaiwhakatinana
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To agree to include the final provisions as directed by the Environment Court in the Regional Natural Resources Plan

Update on Plan Change 13 - Third Interim Decision of the Environment Court

Executive Summary

Proposed Plan Change 13 (PC13) introduced a new rule, AQ R22, which required resource consent for handling of bulk solid material and logs within the Mount Maunganui Airshed (MMA). The rule was appealed and progressed to Environment Court (the Court). The Court actively case-managed this matter, issuing a substantial number of minutes, calling for several additional expert witness caucuses, requesting extensive further information from all parties, and holding two Hearings.

The Court released its First Interim Decision in January 2023 indicating its intended direction and provisions. Following feedback and further caucusing of parties, the Court issued its Second Interim Decision in October 2023. The Court also issued a minute on 13 December 2023 clarifying some remaining matters.

The Court issued its Third Interim Decision on 12 February 2024 making final rulings on several matters. In summary, log handling and bulk solid materials in the MMA will be managed using an interim permitted activity rule (IPAR). Following the IPAR period, affected operators will need to apply for resource consent. The decision on these provisions is final and the rules deemed operative. As a result, approval is sought to update the Regional Natural Resources Plan and affix the Regional Council seal for reference to the Minister of Conservation.

There are number of requirements that affected operators need to complete to ensure compliance with the IPAR and transition into resource consents. Staff are already working with these operators to provide information and guidance.

The Court also directed Council to notify a plan change to manage unsealed yards in the Mount Maunganui Airshed (MMA). This plan change process is under s293 of the Resource Management Act 1991 (RMA) and will report directly to the Court. The provisions were notified in January 2024. Submissions are due by end of April 2024, aiming for a Court date in May 2024.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Update on Plan Change 13 - Third Interim Decision of the Environment Court.

2 Agrees to incorporate the final provisions, to manage handling of bulk solid materials and log handling as directed by the Environment Court in its Third Interim Decision on Plan Change 13, into the Regional Natural Resources Plan.

3 Affixes the seal of the Regional Council for reference to the Minister of Conservation for approval.

4 Delegates to the Group Manager Strategy and Science to make minor corrections to Plan Change 13 if required, and to make amendments as directed by the Minister of Conservation.

5 Delegates to the Chief Executive the authority to set the date to make the final provisions operative, once approval has been given by the Minister of Conservation.

1. Introduction

The appeal was first heard by the Environment Court in October 2020. The process was prolonged as the Court has navigated its way through protecting the health of residents within the MMA (Whareroa Marae and Aerodrome Road) while providing a pathway for nationally significant economic activities to continue. The timeframe was further extended by Covid-19 lockdowns in 2020 and 2021. A second Court hearing was held in May 2022.

The Court actively case-managed this matter, issuing a substantial number of minutes, calling for several additional expert witness caucuses, and requesting extensive further information from all parties throughout the process.

The Court issued its First Interim Decision in January 2023, resolving a number of matters that were thoroughly canvassed through the process including; sources of particulates, Regulation 17 and offsets, certificates of compliance, new and relocated activities, and managing activities versus managing effects. Staff updated this Committee on these matters on 28 March 2023.

The Court requested feedback on the proposed provisions of the First Interim Decision and this prompted further discussion on several matters and a further round of expert witness caucusing. The Second Interim Decision was released in October 2023 and addressed several further matters; benchmarking, air quality trends, and a recently released Health assessment report from Toi te Ora. Staff updated this Committee on these matters in the December 2023 Strategy and Policy newsletter.

Through these decisions the Court indicated that it would instruct the Council to amend PC13 to include new provisions. It also directed Council to commence a plan change (using s293 of the Resource Management Act 1991 (RMA)) to introduce further provisions not within scope of the original appeal. These are discussed further below in Section 3.

The full PC13 process is summarised in the diagram below.

1.1 Alignment with Strategic Framework

A Healthy Environment

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

1.2 Legislative context

The provisions now settled by the Court’s interim decision manage the discharge of contaminants to air in an area that includes coastal marine area, therefore they are also part of a regional coastal plan. Any regional coastal plan must be approved by the Minister of Conservation according to Clause 19 of Schedule 1 of the Resource Management Act 1991 (RMA) according to the following diagram.

Clause 19(2) of Schedule 1 states that “the Minister of Conservation may not require a regional council to make an amendment to a regional coastal plan that is in conflict or inconsistent with any direction of the Environment Court, unless the Minister made a submission on the provision concerned when the provision was referred to the court”.

In this case, the Minister was not a party to the appeals therefore the extent of any amendments cannot be in conflict with directions from the Environment Court.

It is standard practice for Ministry staff to discuss any amendments with Council staff. Staff have already begun discussions regarding the Court’s directions.

2. Third Interim Decision of the Environment Court

The Court issued its Third Interim Decision in February 2024 (Attachment 1). This decision gives the final rulings on the appeal points related to AQ R22. In summary the Court directs Council to include provisions in its air plan as follows:

· Several additional definitions of terms as required.

· Two additional policies AQ P11 and AQ P12 to provide for the interim permitted activity approach and to manage particulate discharges from within the MMA using an iterative management approach.

· Rule 22 – to manage bulk solid materials handling in the region outside the MMA.

· Rule AQ R22A – to manage bulk solid material handling and log handling within the MMA as permitted activities for three years according to an interim permitted activity rule (IPAR).

· Rule AQ R22B and R22C – to manage bulk solid material handling and log handling within the MMA as restricted discretionary activities, following the IPAR period. Prior to this, if parties apply for and are granted a Certificate of Compliance (CoC), Regulation 17 will not apply to the existing component of their activities (i.e. the CoC will be treated as though it was a resource consent).

· One method to manage Council’s ongoing assessment of air quality in the MMA.

· Additional schedules as required.

The Court was clear in its initial instructions to the planning experts that any rules were to provide for existing activities only, enable no increase in existing emissions, and to require a reduction in emissions to the extent practicable. This remained the consistent foundation of the provisions throughout and is reflected in the final version of the rules.

The Court cannot issue a final decision until the s293 extension to PC13 has completed its process (discussed in Section 3 below). However, these are the final rulings on these provisions and they are now beyond appeal and deemed operative according to section 86F of the RMA. The alpha-numeric numbering of the rules has been updated to comply with the National Planning Standards as follows:

AQ P11	AREA2-P1
AQ P12	AREA2-P2
AQ M1	AREA2-M1
AQ R22	AIR-R28
AQ 22A	AREA2-R1
AQ 22B	AREA2-R2
AQ 22C	AREA2-R3

The clean copy of these provisions is included as Attachment 2.

2.1 Implementation

The provisions are deemed operative from 12 February 2024.

In summary, to comply with the IPAR affected operators must:

· Establish that they were an existing activity in November 2019 and operating at the same rate or volume as at that date.

· Establish that the discharge is the same in character, scale and intensity as at November 2019.

· Provide a dust management plan prepared and peer-reviewed by a suitably qualified and experienced person (SQEP).

· Within the dust management plan, fund, install, and maintain a telemetered monitor.

· Carry out ongoing improvements, investigations, and data analysis.

The rule has a three-year deadline of 12 February 2027 by which all affected operators must have applied for a resource consent, to replace their Certificates of Compliance. However there are several other delivery requirements and deadlines within the rule that must be met well before the final date.

The first deadline is 12 August 2024 where all affected operators must have lodged their dust management plans with the Council. The requirements of the dust management plan are extensive and the deadline cannot be moved. Staff have provided information sent directly to all potentially affected operators explaining the requirements, the deadlines, and where they can engage a SQEP in the first instance. A media release has also gone out. Staff will continue to work with affected operators.

3. Section 293 process

The First Interim Decision identified unsealed yards as the largest remaining unaddressed contributor to PM₁₀ in the MMA. The second interim decision directed Council to commence a plan change to control emissions from unsealed yards. This process can be used to address issues outside the appeal and was agreed by all parties.

Initial consultation with potentially affected parties was completed in November 2023 and the provisions notified on 16 January 2024. The Court allowed an extended submission period until 30 April 2024. This ensures that parties not involved in the appeal process to date have sufficient time to consider the proposals.

At the end of the submission process, Council staff will amend the provisions based on the submissions received and lodge a post-consultation version of the plan change with the Court. As the s293 process is part of the PC13 appeal, it is the Court that will decide on changes to PC13. Should a hearing be necessary, it would be held from late June 2024.

4. Considerations

4.1 Risks and Mitigations

Risks and mitigations have been extensively canvassed throughout the process and managed by the Environment Court in its final rulings.

4.2 Climate Change

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

4.3 Implications for Māori

Whareroa Marae (via Ngāi te Rangi) are parties to the appeal and the implications of the interim decision on Māori have been managed by the Environment Court in its final rulings.

4.4 Community Engagement

CONSULT

Whakauiuia

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

Community engagement has been carried out extensively during the drafting and notification of PC13, including an extended consultation process, the submissions process and through appeals.

4.5 Financial Implications

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

5. Next Steps

According to the recommendations of this report staff will affix the seal of the Regional Council and send the final provisions to the Minister of Conservation. Once approved by the Minister, the provisions will be amended if required and incorporated into the Air Chapter of the Regional Natural Resources Plan to become operative on a date set by the Chief Executive.

Staff will continue to progress the provisions through the s293 process and provide updates to this Committee when appropriate.

Attachments

Attachment 1 - Third Interim Decision of the Environment Court ⇩

Attachment 2 - Clean copy of provisions ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	9 April 2024
Report Writer:	Samantha Pottage, Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To provide an update on Proposed Change 6 to the Regional Policy Statement post the notification of Councils decisions.

Appeals to Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement

Executive Summary

Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement seeks to fulfil Council’s statutory obligations under the National Policy Statement for Urban Development 2020.

At its meeting on 14 December 2023, Council adopted the Hearing Panel’s recommendations on the changes to Proposed Change 6 (NPS-UD) which became Council’s Decisions. Those decisions were publicly notified on 12 February 2024. Any appeals must be made within 30 working days of receiving notice of Council’s decisions.

The appeal period closed on Monday 25 March 2024. Four appeals have been lodged with the Environment Court against Council’s decisions on Proposed Change 6 (NPS-UD). Given the Committee report agenda deadline is close to the appeal deadline staff will provide a verbal update at the meeting of any further appeals received in the interim.

The Strategy and Policy Committee may want to consider establishing an appeals sub-committee of three or four Councillors to liaise directly with staff to progress resolving the appeals. Staff recommend panel members that have a background understanding of issues raised through the hearing of submissions.

If an appeals subcommittee is favoured staff will develop draft terms of reference and seek appointment of members at the 25 June Strategy & Policy Committee meeting

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Appeals to Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement;

2 Considers appointing an Appeals Sub-committee for the purpose of guiding the resolution of Environment Court appeals to Proposed Change 6 (NPS-UD); and

3 Notes Council has received four Environment Court appeals to Proposed Change 6 (NPS-UD).

1. Introduction

This report is to inform the Strategy and Policy Committee on the nature and scope of appeals received on Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement (Proposed Change 6 (NPS-UD)). A verbal update will be provided at the meeting as it is possible further appeals will be received following close of this agenda report.

2. Appeals Received

At the time of writing this report, four appeals have been lodged with the Environment Court. Council’s decisions on Proposed Change 6 (NPS-UD) were notified on 12 February 2024. The appeal period closed on Monday 25 March 2024. An overview of each appeal is provided in the following sections and the notices of appeals are provided in Appendix 1.

2.1 Policy for unanticipated or out-of-sequence development proposals

Amongst other appeals listed in the following sections, all four appellants have lodged appeals against Councils decision on Policy UG 7A: Providing for unanticipated or out-sequence urban growth – urban environments. This policy becomes active when there are private plan change proposals for urban growth that will add significantly to development capacity that is not provided for in local council adopted urban growth plans. Policy UG 7A sets out the criteria to be satisfied in which the local authority would need to expedite the decision-making process and remove any unnecessary constraints to progressing such plan change.

The appeals lodged seek to amend the criteria in this policy to:

- Remove reference to the Housing and Building Assessment (“HBA”)

- Refer to the Future Development Strategy (“FDS”) and Resource Management Act (“RMA”) plans as the documents that anticipate and sequence urban development.

- Remove reference to text that limits unanticipated growth where such plan change would materially reduce the benefits of other or existing planned development.

- Remove reference to a five-hectare minimum for ‘large scale’ urban development in the Tauranga and Western Bay of Plenty urban environments.

- Add in additional criteria to include that development avoids the potential for reverse sensitivity effects.

2.2 Bluehaven Investments Limited

The appeal lodged by Bluehaven Investments Limited (“BIL”) include the following:

- To amend the criteria in Policy UG 7A: Providing for unanticipated or out-sequence urban growth – urban environments.

- Deletion of the final paragraph of resource management issue statement 2.8 – Urban and rural growth management.

- Refer to the proposed Commercial Centres Strategy and Tauranga Urban Strategy within relevant policies.

2.3 Bell Road Partnership Limited

The appeal lodged by Bell Road Partnership Limited (“BRPL”) include the following:

- To amend the criteria in Policy UG 7A: Providing for unanticipated or out-sequence urban growth – urban environments.

- To amend Policy UG 13B: Promoting the integration of land use and transportation to enable consideration of both existing and proposed commercial centres and to reference the proposed Commercial Centres Strategy and Tauranga Urban Strategy within this policy.

2.4 Urban Taskforce for Tauranga Incorporated

The appeal lodged by Urban Taskforce for Tauranga Incorporated (“UTF”) include the following:

- To amend the criteria in Policy UG 7A: Providing for unanticipated or out-sequence urban growth – urban environments.

2.5 KiwiRail Holdings Limited

The appeals lodged by KiwiRail Holdings Limited (“KiwiRail”) include the following:

- To amend the criteria in various urban growth issue statements and policies to manage land use conflicts and reverse sensitivity effects.

- To amend Objective 25 to include that urban development should be responsive to the growth plans of network utility providers and operators specifically.

3. Section 274 interested parties

Certain persons (including relevant submitters) have fifteen working days after the period for lodging a notice of appeal ends to lodge section 274 notices of interest. Notices of interest enable persons to become parties in either support or opposition to appeals lodged.

4. Process for resolving appeals

Once all notices of interest are received the Environment Court will issue directions via a formal minute, with timeframes and a process for resolving appeals. Regional Council is normally tasked with proposing appeal topics and then seeking feedback from appellants and interested parties whether they are comfortable with that approach.

The Court will appoint a mediator and schedule dates for mediation once the topics have been confirmed. Council has discretion to enter into informal mediation prior to Environment Court facilitated mediation commences.

Staff hope the Environment Court will assign the appeals to its priority case track which means appeals will be actively managed by the Court and Council will be required to provide regular progress reports and formal mediation workshops with appellants and interested parties.

4.1 Resolving Appeals

The Strategy and Policy Committee can resolve appeals through the following options:

1) Providing direction directly to staff as a full Committee.

2) Delegating to an appointed Appeals Subcommittee.

3) Delegating to the General Manager of Strategy and Science including any changes resulting from mediation.

Staff recommended Option two. Appointing an Appeals Subcommittee is the most common option for resolving RPS appeals. It allows for Councillor oversight, and timely involvement anticipated by the Court in priority case track managed processes. If an Appeals Subcommittee is established, staff recommend Councillors that have a background understanding of issues raised through the hearing of submissions. As a reminder those Councillors who formed part of the original Hearing panel were Councillor Jane Nees and Councillor Paula Thompson, being shadowed by Councillor Kat Macmillan.

Using the full Strategy and Policy Committee to resolve appeals has never been used. The Court expects respondents to be able to move at pace in these processes and the Committee’s meeting timeframes (i.e. one meeting every second month) won’t work.

Delegating to the General Manager may be appropriate in circumstances where the breadth and scope of appeals is limited and less complex. While this might be a time effective option enabling settlement of appeals via mediation at pace, it runs the risk of not having Councillor buy-in for any mediation agreements reached.

If Councillors confirm their preference to establish an Appeals Subcommittee staff will draft a terms of reference. These will be presented for consideration at the next Strategy and Policy Committee meeting on Tuesday 25 June. The Committee will need to appoint members to the appeals subcommittee at the same meeting.

5. Legislative Framework

The National Policy Statement on Urban Development 2020 (NPS-UD) took effect on the 20 August 2020. It seeks to ensure that local authorities respond to development proposals that would add significantly to development capacity and contribute to well-functioning urban environments, regardless of whether they are planned for or anticipated in existing documents. It applies to development proposals in both greenfield and brownfield locations.

As a tier one and two local authority Regional Council must notify a change to the Bay of Plenty Regional Policy Statement (RPS) to give effect to the NPS-UD by 20 August 2022.

NPS-UD recognises the national significance of:

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

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

The NPS-UD requires:

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

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

· Developing, monitoring and maintaining an evidence base about demand, supply and prices for housing and land to inform planning decisions; and

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

5.1 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.

Proposed Change 6 (NPS-UD) contributes to the Healthy Environment, and a Vibrant Region Community Outcomes in Council’s Long-Term Plan 2021-2031. Proposed Change 6 implements the NPS-UD requirements and contributes to Council’s functions and responsibilities for sustainable urban management.

5.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

¨ Cultural

þ Social

¨ Economic

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

6. Considerations

6.1 Risks and Mitigations

There is low risk associated with Proposed Change 6 (NPS-UD). This change is required to implement the NPS-UD which is a national direction requirement that must be implemented. Proposed Change 6 (NPS-UD) follows Ministry for the Environment guidance material on responsive planning criteria. Previous direction from the Strategy and Policy Committee has limited Proposed Change 6 (NPS-UD) to ‘only doing what we need to do’. Staff engaged in meaningful consultation early and widely consistent with RPS Policies IR 4B ‘Using consultation in the identification and resolution of resource management issues.’ Staff will continue to early, transparently and meaningfully with appellants throughout the appeals process.

6.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Existing RPS climate change provisions will continue to apply to urban growth and development. These are Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’.

6.3 Implications for Māori

Proposed Change 6 (NPS-UD) includes a replacement Policy UG 22B to implement NPS-UD Policy 9 requirements. Replacement Policy UG 22B contains elements of existing operative RPS policies in the Iwi Resource Management chapter that apply to urban growth and development. The policy direction will result in positive cultural and economic effects while also seeking to protect existing urban marae from incompatible uses or development.

6.4 Community Engagement

In accordance with Clause 11(1) and 11(3) of Schedule 1 to the Resource Management Act, Council has provided notice of the decisions to every person who made a submission on Proposed Change 6 (NPS-UD) and has provided public notice of its decisions to all public libraries and local authorities. Council’s website has been updated and it’s decisions have been advertised in the Bay of Plenty Times and the Herald newspapers.

6.5 Financial Implications

There are no material unbudgeted financial implications and this Proposed Change 6 (NPS-UD) fits within the allocated budget. Proposed Change 6 (NPS-UD) is under the Regional Planning activity. The 2024/25 and 2025/26 years have a similar budget to last adjusted to account for inflation at $171,000 and $176,000 respectively. Costs moving forward will be staff time primarily unless legal advice needs to be sourced externally. Costs associated with appeals are not as a general rule budgeted for in the Long-Term Plan. This is due to the uncertainty associated with whether a Change will be appealed, and if so the scale and the scope of appeals are unknown.

7. Next Steps

If an appeals subcommittee is favoured staff will develop draft terms of reference and seek appointment of members to the subcommittee at the next 25 June Strategy and Policy Committee meeting. Staff will provide an update on interested parties who have lodged section 274 notices and joined appeals at the same meeting.

Staff will analyse appeals received and relief sought and propose a topic structure and timetable for the efficient resolution of appeals, including Court assisted mediation, expert witness conferencing and if necessary a hearing timetable. These will be consulted on with the parties prior to reporting to Council and the Environment Court. Staff will also look to engage with appellants or groups of appellants where there is potential to reach agreement to resolve appeals.

Attachments

Attachment 1 - Notices of Appeals ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	9 April 2024
Report Writer:	Elsa Weir, Senior Planner and Freya Camburn, Senior Policy Analyst
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To provide an update on key elements of the region-wide geothermal plan change.

Update on Plan Change 11 Geothermal

Executive Summary

Geothermal has many different, and at times conflicting, values and uses, so it is important for Council to be thinking about the way we protect the taonga, but also enable opportunities for use where this can be done sustainably.

To support in managing the emerging demands on Geothermal resources across the Bay of Plenty, Council has been working on a Geothermal Regional Plan Change (PC 11). PC11 will address provisions for all geothermal systems in the Bay of Plenty Region and give effect to the Regional Policy Statement (RPS). The plan change has been initiated, with an early focus on building understanding and technical inputs. Direction was provided by the Strategy and Policy Committee at the 20 February 2024 meeting to notify the plan change in March 2025.

This report provides an update to the Strategy and Policy Committee on the progress of the region-wide part of PC 11, integration with the freshwater plan change, and next steps.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Update on Plan Change 11 Geothermal.

1. Introduction

The Bay of Plenty Regional Council manages 12 geothermal systems under the Resource Management Act 1991 (RMA). The Regional Policy Statement (RPS) sets the overall management framework, including sustainable and integrated management, and the development of system management plans (SMPs) for certain systems (e.g., Rotorua, Kawerau and Tauranga).

The RPS policies will be given effect to through changes to the geothermal provisions of the Rotorua Geothermal Regional Plan and the Regional Natural Resources Plan (RNRP). Council has previously endorsed a process for the plan change, including combining all geothermal provisions under the RNRP.

1.1 Legislative Framework

The Rotorua Regional Geothermal Plan became Operative in 1999, the Regional Natural Resources Plan in 2008.

The key driver for Plan Change 11 is the requirement under the Act (s79) to carry out 10 yearly review of regional policy statements and regional plans. The Rotorua Regional Geothermal Plan was reviewed in 2010 and the geothermal chapter of the RNRP reviewed in 2015 with recommended changes identified.

In addition, the plan change will give effect to the RPS, which became operative in October 2013. Plan changes were to have taken place by 2015 (Method 2 of the RPS).

The Committee has considered timeframes and progress toward PC11 on several occasions. In 2015 the Regional Direction and Delivery Committee approved delaying the plan change process, to allow reasonable time to build the evidence base. This has included comprehensive technical assessments of geothermal; in particular, in Rotorua.

At Committee workshops on 10 December 2020 and June 2021 the Committee agreed in principle to progress the development of the Rotorua SMP, in advance of the plan change. The draft SMP was released for public feedback in September 2023 and will be bought back to this committee for final adoption.

1.2 Alignment with Strategic Framework

A Healthy Environment

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

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

Medium - Positive

¨ Cultural

Medium - Positive

¨ Social

Low - Positive

¨ Economic

Low - Positive

2. Background to the Plan Change

2.1 Geothermal Management Framework – What must be included in this Plan Change

2.1.1 Regional Policy Statement

The RPS classifies geothermal systems into management groups based on their unique values, current uses, and development potential.

It has policies directing how the geothermal resource should be managed, including:

· Integrated management through System Management Plans

· Getting and using the right information in consent applications;

· Managing takes and discharges, for example through a discharge strategy;

· Assessing and protecting significant geothermal features;

· Managing geothermal hazards;

· Recognising and providing for the relationship of tangata whenua with their resources and taonga.

2.1.2 System Classifications

As detailed above, the RPS classifies geothermal systems into management groups based on their unique values, current uses, and development potential. The challenge is to protect intrinsic and traditional cultural values while providing for the use of the energy resource. Council does this by taking a region-wide approach, providing for different values at a regional level rather than trying to provide for all values within each system. Protecting some systems for their unique features and enabling economic development opportunities in others.

The six different management groups and systems classified within each group of the RPS are as follows:

2.1.3 Regional Plans

Regional Plans must give effect to the RPS. They set the framework for use of geothermal, and include the objectives, policies, rules for managing the resources.

Geothermal policies and rules for all geothermal systems in the region are currently included in the Regional Natural Resources Plan (RNRP), while the Rotorua Geothermal Regional Plan (RGRP) only covers the Rotorua Geothermal system.

The Coastal Plan includes policies and rules for geothermal within the coastal environment, and the Tarawera River Catchment Plan includes policies and rules for discharge of geothermal fluid from the Kawerau System into the Tarawera River.

2.1.4 System Management Plans

System Management Plans are non-regulatory documents that set out the operational or strategic guidance for particular geothermal systems. The intention of these plans is integrated ‘whole system’ management.

The SMPs differ, for example, the Kawerau System Management Plan is more operational, setting out how all the large consent holders in that system will work together. In contrast, the Rotorua System Management Plan is a more strategic document that focuses on the values that the community hold for the system, a vision and principles for management and a pathway to achieve this.

2.1.5 How does it all fit together?

The diagram below shows the relationship between all the parts of the current Geothermal Management Framework, highlighting where PC 11 sits and what is generally being covered in that plan change.

2.2 Why is the Plan Change required?

The operative regional plans do not give effect to the RPS or reflect current best practice.

Additionally, the Rotorua Geothermal Plan is being integrated into the geothermal chapter of the RNRP. From an efficiency and effectiveness perspective, it makes sense to also check the existing region-wide provisions and update the chapter to be compliant with the National Planning Standards at the same time.

The RPS is not being reviewed as part of the PC 11 process.

3. Building understanding – Process to date

3.1 Technical reports and inputs

Staff have been gathering information for this process for some time.

We have:

· Looked at what the RPS is telling us to do;

· Reviewed how the current plans are working under s35 of the RMA;

· Checked what the science is telling us about the state of different systems;

· Looked at how the various systems are being used;

· Completed a review of Iwi Management Plans to identify geothermal interests that we need to take into account;

Some of the key technical and policy documents that will support the plan change include:

· System management plans

· S35 reports Rotorua and Tauranga specific and all other regional provisions

· Geothermal Surface Features options assessment

· The Economic Impacts and Benefits and Costs of Geothermal Resources in the Bay of Plenty Region

· Bay of Plenty Geothermal Systems: The Science Story

· Tauranga Geothermal System: Science summary report

· Rotokawa – Mokoia Geothermal System: Science, monitoring and use

· Geothermal Systems of the Bay of Plenty region - Inventory and Extent

· Geothermal Plan Review: Review of Iwi and Hapū Management Plans

· Assessing Geo-heat potential of Tauranga (in development)

3.2 Engagement

Another key part of adding to our understanding is engagement with Māori, key stakeholders, and the wider community. An Engagement Plan for PC 11 has been created, which sets out the phases of engagement that will occur throughout the process.

Early engagement is underway, with initial contact made with iwi groups and key stakeholders connected to the geothermal systems. This initial engagement is “pre-draft”, to ensure we are starting the conversations early and getting to know what people think is important and how they want to be involved in the process. This will help to guide our drafting of provisions.

The next phase will be engagement on the draft plan change, where (once approved by the Committee) a draft set of provisions will go out for consideration and comment.

Feedback from the draft consultation will inform revisions of the draft plan change, which will then be notified and released to the public for submissions.

4. What is the plan change going to cover?

4.1 Region-wide

4.1.1 Current provisions

Provisions for all geothermal systems (excluding Rotorua system) are included in the Regional Natural Resources Plan. These provisions cover, take and use, damming and diversion, wells (bores), and discharge of geothermal water.

The policies and rules apply region-wide, with clear linkage to the geothermal system classifications i.e. the rules clearly apply to, or are excluded from specific geothermal management groups.

4.1.2 What are we proposing?

A key part of the plan change is updating the existing provisions in line with best planning practice. Many of the changes we are considering relate to updating the existing provisions as per best practice principles for policy drafting, simplifying and streamlining where possible, and updating the formatting and numbering standards to be consistent with the National Planning Standards.

Areas where we anticipate more substantive change are:

· Specific provisions for Rotorua

· Providing more guidance within the policies to help applicants and consenting staff understand each management group purpose

· The requirement for and use of System Management Plans/strategies;

· The inclusion of new provisions to better protect Significant Geothermal Features from use and development;

· Streamlining provisions relating to the drilling of wells; and

· Provision of more guidance relating to geothermal natural hazards roles and responsibilities.

4.1.3 What are we not proposing?

Our work to date has indicated that fundamental changes to the current management approach are likely not required for geothermal systems outside the Rotorua System, although our engagement process may identify new concerns.

We are not proposing to:

· Introduce allocation limits in any systems outside the Rotorua geothermal system;

· Change the management group classification of any existing geothermal systems;

· Introduce sections of provisions for each geothermal management group or system. The Rotorua geothermal system is a different case given its unique characteristics, but for the other management groups and/or systems, there is no benefit to separate sections, as most provisions are applicable across multiple management groups/systems.

We are not proposing to review the geothermal provisions of the RPS, or the Coastal Plan as part of PC 11. The geothermal provisions of the Tarawera River Catchment Plan will be reviewed and incorporated into the geothermal chapter where appropriate.

4.2 Integration with the Freshwater Plan Change

4.2.1 Tauranga System

The Tauranga System is a low temperature system (30-70 degrees Celsius) and is part of groundwater aquifers that have been naturally heated by warm rocks from the ancient volcanism that occurred in the area. The geothermal water is used for direct space and water heating use. A significant amount of which is used for its value as groundwater rather than for any heat values.

Groundwater takes can affect the heat value of the geothermal system, and geothermal takes and discharges can impact ground and surface water. For these reasons, geothermal and freshwater provisions need to be carefully integrated. We propose that all general geothermal provisions e.g. efficiency and management of heat values for the Tauranga system will be addressed in the Geothermal Chapter, while matters relating to allocation and geothermal discharges are being addressed in the freshwater provisions. The detail of this will be fine tuned as we progress with drafting.

4.2.2 Tarawera River Catchment Plan

The Tarawera River Catchment Plan is being reviewed as part of the Freshwater plan change. This plan contains a small section on Geothermal Resources, which applies only to activities in the Kawerau System discharging geothermal fluid to the Tarawera River. This section will need to be reviewed as part of PC 11 and incorporated into the new Geothermal Chapter.

4.3 Integration of Ngā Wai Ariki o Rotorua and Region-wide provisions

Ngā Wai Ariki o Rotorua provisions have been under consideration for a number of years as part of the process to develop the Rotorua System Management Plan and are more advanced than those for the region-wide part of the plan change. Careful consideration has been given to how best to integrate these provisions to form one cohesive geothermal chapter in the Regional Natural Resources Plan. Part of the work already completed for the plan change is an assessment of the National Planning Standards, and how these will require the Geothermal chapter to be structured.

Our thinking is that the chapter will lead with the region-wide provisions, some of which will apply to Ngā Wai Ariki o Rotorua (for example, general policy/ies around SMP requirements). There will then be a specific Ngā Wai Ariki o Rotorua section, which will contain all the provisions that solely apply to the Rotorua Geothermal System.

The s32 report will follow a similar format, with a general introductory section, region-wide section, and then Ngā Wai Ariki o Rotorua section.

This integration will ensure compliance with the National Planning Standards, as well as with the RNRP Style Guide.

5. Timeframes

As agreed at the S&P Committee meeting on 20^th February 2024, the following is the revised timeframe for the plan change:

Timeframe	Tasks/Milestones
March-April 2024	Pre-draft engagement with tangata whenua and key stakeholders
May 2024	Drafting S&P Committee Workshop – pre draft provisions
June 2024	Council meeting and approval of Draft Plan Change
July 2024	Release Draft Plan Change for engagement
August-September 2024	Engagement on Draft
October-December 2024	Refinement of draft following engagement
February 2025	S&P Committee Workshop – workshop final draft
March 2025	Council decision to approve Notification of Proposed Plan

6. Considerations

6.1 Risks and Mitigations

There is a Waitangi Tribunal Claim for geothermal to be heard in June 2024 (Wai 2358). The Tribunal has only a recommendatory power and can only make its recommendations to the Crown (not councils). It is only if the Tribunal’s recommendations result in changes to legislation that council would be directly affected. This means we do not expect any implications for our work in the short to medium term.

There is also the uncertainty of legislative changes signalled by Central Government in relation to both the RMA and various National Policy Statements. However, these things will take time and the management issues and solutions for geothermal are unlikely to fundamentally change. Therefore, we believe it is important to continue progressing this plan change, and that there are no significant risks associated with doing so.

6.2 Climate Change

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

6.3 Implications for Māori

The plan change has important implications for Māori, both as iwi, as developers of the geothermal resource, and as kaitiaki. Māori have expressed the need for meaningful change as a result of the plan change process, especially for the Rotorua System. As landowners of Conditions Development Systems, Māori have expressed a desire to work closely with Council to develop enabling policy for sustainable development, and also embed a partnership approach in management. This will include engagement with ahu whenua trusts in particular, and iwi authorities, which is already underway in some cases. Progressing PC 11 will allow this progress to continue.

6.4 Community Engagement

CONSULT

Whakauiuia

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

6.5 Financial Implications

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

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

There are no material unbudgeted financial implications and this fits within the allocated budget. The 2024 – 2025 budget for the geothermal policy programme including the geothermal plan change (PC 11) is $124,000.

7. Next Steps

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

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

The next steps are for staff to continue with the initial pre-draft engagement.

Alongside this, staff will continue drafting the provisions and s32 report, revising as required based on feedback from the initial pre-draft engagement.

Staff will then bring the Committee pre-draft provisions and pre-draft s32 report for workshopping at the S&P Committee workshop in May.



Report To:	Strategy and Policy Committee
Meeting Date:	9 April 2024
Report Writer:	Antoine Coffin, Manager, Spatial Planning
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	Provide an overview of the Spatial Planning work programme 2024-2026.

Spatial Planning - Work programme

Executive Summary

This report is an overview of the spatial planning work programme 2024 – 2026, to implement the current Annual Plan and future Long Term Plan direction, while continuing to support work with partners.

The Spatial Planning Act was repealed in December 2023, however, there still appears to be cross-party support in the new parliament for statutory required spatial planning at a regional or sub-regional scale across NZ. The following two-year programme reflects the expectations that spatial planning continues to be a key instrument of future planning and plan making and will have important role in the planning hierarchy at a sub-regional and regional level. There are three key programmes of work:

· Sub-regional Strategy, Spatial Planning and Place-shaping

· Regional Profile, Assessment and Scenarios

· Discipline Advice and Support to internal staff, strategy and policy committee and partners.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Spatial Planning - Work programme .

1. Introduction

The context for this work programme is a period of legislative and national policy setting changes in the resource management and local government systems. The new coalition government has signalled a range of changes in agreements that will be implemented in phases over the 3-year term. At the same time the Regional Council, following engagement with its community has set out a vision, community outcomes and goals for the next ten years in its draft Long Term Plan 2024-2034.

New Zealand has adopted spatial planning as a relatively new concept in the planning profession. It involves developing different scales of ‘plans’ including sub-regional documents (Future Development Strategies) identifying key constraints, places for urban growth, infrastructure and priorities; as well as structure plans and locality plans for suburb/neighbourhood scale. There are many recent examples of larger regional scale spatial plans, being the Greater Wellington Regional Growth Framework 2023, the Auckland Plan 2050 / FDS 2023-2053 and sub-regionally the SmartGrowth Strategy 2024-2074.

Spatial planning methodologies can be employed to support the strategic direction for the Bay of Plenty and its communities that integrates social, economic, environmental, and cultural objectives; and outline high-level development strategies that will achieve that direction and those objectives. A key objective of spatial planning is the coherent and co-ordinated decision making by the regional council and its partners to determine the future location and timing of critical infrastructure, services, and investment in accordance with the strategies.

The work programme seeks to recognise we are in a period of change and transition by balancing needs to support current strategy and spatial planning activities while looking at future scenarios to anticipate the size, scale and location of strategic and local challenges and opportunities.

1.1 Legislative Framework

The Resource Management Review Panel Report 2020 and the Environment Select Committee Report on the Spatial Planning Bill 2023 are the most comprehensive sources of information on recent trends and recommendations for spatial planning in the New Zealand context. The Spatial Planning Act was repealed in December 2023, however, there still appears to be cross-party support in the new parliament for statutory required spatial planning at a regional or sub-regional scale across NZ. The following two-year programme reflects the expectations that spatial planning is a key instrument of future planning and plan making and will have important role in the planning hierarchy at a regional level.

The National Policy Statement for Urban Development (NPS-UD) is one of the key instruments for achieving well-functioning urban environments, improving housing affordability, integrating infrastructure decision-making, reducing greenhouse gases and building resilience to climate change. A range of instruments are utilised to achieve these objectives including:

· The preparation of future development strategies and implementation plans;

· The preparation of housing and business development capacity assessments;

· Amendments to the Regional Policy Statement or district plans to give effect to the NPS-UD

The NPS-UD prioritises five urban centres in New Zealand for the instruments above as well as urban intensification, short, medium, and long-term development capacity, monitoring, and carparking. Tauranga (BOPRC, TCC, WBOPDC) is one of these five priority areas (Tier 1) urban environment. Rotorua (BOPRC, RLC) area Tier 2 urban environment and the eastern bay is a Tier 3.

1.2 Alignment with Strategic Framework

The work programme is aligned to the draft LTP 2024-2034 community outcomes and goals. The primary community outcomes (2, 3, 4, 5) and goals (5, 6, 7, 8, 11, 12, 13, 15, 16, and 17) that the work programme support are included in Attachment 2.

2. Work programme 2024-2026

2.1 Sub-regional Strategy, Spatial Planning & Place shaping

This Programme involves the creation and implementation of spatial plans and strategies for the region and sub-regions, coupled with efforts to enhance the wellbeing of a communities through place-shaping.

An update of spatial planning activities is provided in Attachment 1.

The work programme includes the following activities:

1. SmartGrowth Strategy and Implementation Plan is a 50 year vision for western Bay of Plenty, a collaborative urban growth partnership which aims to achieve effective and sustainable long-term growth by considering how housing, land, infrastructure, transport, community development, tāngata whenua values and aspirations, and the natural environment must be looked at together. It focuses on ensuring access to homes, employment opportunities, and necessary infrastructure, and aims to avoid developing ‘out’ through new greenfield land.

The Council provides representation at governance (SG Leadership Group), management (Senior Managers Group) and technical support to the secretariat.

2. Eastern Bay of Plenty Spatial Plan, the spatial plan vision focuses on four wellbeings (economic, social, cultural, environmental), with strategies for resilient communities, housing and workplace development, infrastructure planning, climate change mitigation, growth management, and outcome-oriented investments.

The Council provides representation on the governance group, leadership group, project control group and technical working group.

3. Rotorua Future Development Strategy, The Future Development Strategy serves as a pivotal blueprint for Rotorua, steering future expansion plans and investment choices by promoting strategic planning and delineating the general areas for residential and commercial development to cater to the anticipated demand over the forthcoming 30 years, along with the requisite infrastructure to facilitate it.

4. Tauriko Specified Development Project, an urban development proposal for 40 years led by Kainga Ora. We have a partner role in the development, transport and environmental protection roles of the project.

5. Locality Plans, providing technical assistance and support to internal staff, local councils and other stakeholders to help them develop and implement urban/spatial planning initiatives. The most recent plans are Mount – Arataki Spatial Plan and Te Puke Spatial Plan.

6. Tangata Whenua Spatial Plans. These plans led by tangata whenua are assisted by staff support for methodologies, data and GIS mapping.

a. Ngāpotiki Spatial Plan, partner support to the project

b. Collaborations with SmartGrowth Tu Pakari team on agreed SmartGrowth projects.

7. Urban Planning Advice / Responsive policy work – including defending the sub-regional FDSs when their intent or integrity may be threatened by private plan changes or major development proposals.

8. Natural hazard and climate change interface and advice on sub-regional plans and strategies.

2.2 Regional Profile, Assessment and Scenarios

This with a strong emphasis on spatial planning builds on regional profiles with insights and reporting on future scenarios that tackle well-being challenges such as climate change adaptation and resilience, natural hazards, infrastructure deficits and carbon emissions. It also explores opportunities for nature-based solutions, Te Tiriti and Mātauranga Māori solutions, and other innovations.

1. State of the spatial environment

a. Project Manawa - The proof-of-concept application to show the movement of population across the whole region (people and freight).

b. Literature review and data stocktake.

c. Regional profile - A regional profile is to understand the communities, challenges and opportunities across the takiwā (region).

2. Marine Spatial Planning

a. Ngā Tai ki Mauao Strategic document support, prepared by the Tauranga Moana Governance Group for the wellbeing of Tauranga Moana.

b. Method 19AA, scoping and testing exercise for method 19AA of the Regional Coastal Environmental Plan to partner with tangata whenua for additional spatial mechanisms for the coastal marine area that identify and protect: Areas or sites of cultural, biodiversity and/or natural character value that may require additional protection and/or restoration; Areas or sites of cultural, biodiversity and/or natural character value that are, or are likely to be, adversely affected by activities (including fishing), and options to manage such activities for the protection of cultural, biodiversity and/or natural character values. This activity is a regional council responsibility in the coastal plan. A recent interim decision of the Environment Court in relation to the Port of Tauranga extensions noted this activity had not been undertaken.

3. Future scenarios – the exploration of different scenarios to anticipate key challenges, opportunities and required interventions. These inform inputs into future development strategies, sub-regional spatial plans and integrated/resilient regional infrastructure.

a. Climate resilient futures, the community and spatial planning

b. Critical infrastructure of the Bay of Plenty. Spatial representation of strengths, weaknesses, risks and opportunities.

c. Use of AI in spatial planning.

d. Regional Land Transport Plan 2024-2034 -spatial planning inputs. Ongoing integration to strategic transport planning.

2.3 Discipline Advice and Support Programme

This programme provides both internal and external governance and institutional spatial planning advice and support. We provide support to Strategy and & Policy Committee and Council, enhance institutional capability to provide urban/spatial planning advice, link work with transport, statutory planning and other operational areas.

3. Considerations

3.1 Risks and Mitigations

A key risk to the work programme is the changing national legislative and policy context. Our current understanding is that following amendments to the RMA in 2024, a new replacement for the RMA will be introduced in late 2025. The programme had deliberately been focussed on continuing to support working with partners and meeting Annual Plan and LTP requirements. Any work undertaken will be useful/future proofed as it is base information to support any future direction. The period for the work programme is two years (2024-2026) to coincide with the rapidly changing legislative and policy environment and alignment with the draft LTP.

3.2 Climate Change

Enabling and advocating for climate resilient spatial plans that take a sustainable development approach is a key part of the work programme including sub-regional strategy and spatial plan development, discipline support and advice.

3.3 Implications for Māori

The work programme seeks to partner with Māori where this leverages the Council strengths and alignment to outcome 5 of the draft LTP. We see particular advantages in building iwi and hapū capability in GIS mapping, using spatial planning methodologies and sharing data.

3.4 Financial Implications

The two-year work programme has been developed within the parameters of the draft long-term plan budget constraints. The unknown aspects are the introduction of a new resource management system, expected to be introduced in late 2025. We expect cost implications of implementation to be known in 2026-2027.

4. Next Steps

We will be providing regular updates on spatial planning in operating environment updates and project activity workshops and reports.

In April 2024 we will be workshopping regional profiles and introducing case studies on spatial plans.

Updates and reports on the implications of resource management system change will be part of strategy and policy operating environment reports.

Attachments

Attachment 1 - Spatial Planning Update (March 2024) ⇩

Attachment 2 - Community Outcomes and Goals aligned with work programme ⇩