Meeting:

Strategy and Policy Committee Workshop

Meeting Date:

6 August 2024

 

 

Late Item: Circulated Separately

Please note the following late item on the Strategy and Policy Committee Workshop Pack for the workshop on Tuesday 6 August 2024, circulated under separate cover:

Late Item                Freshwater Policy Programme Timeline - What is best for the Bay of Plenty?                                                         1

Attachment 1 - Plan on a Page - Freshwater Re-Set                                                       1

Attachment 2 - Freshwater policy and regulatory reform                                              1

Attachment 3 - Considered Approach to Farming Provisions                                       1

Attachment 4 - Additional assessment of timeframe options                                        1

 

Change to the order of business

Please note the change to the order of business for the workshop as follows:

1        Presentation - Update for Eastern Bay Spatial Plan

2        Freshwater Policy Programme Timeline - What is best for the Bay of Plenty?

3        Possible new approaches for improved water quality and mitigation options for Ōhiwa Harbour

Public Excluded Section

4        Update on draft PC11 Geothermal Plan Change provisions and Tauranga System Management Plan draft

Please note that Item 1: Western Bay of Plenty Development Plan - Electricity network high-potential short list options presentation has been deferred to a future workshop.

 


 

 

Informal Workshop Paper

To:

Strategy and Policy Committee Workshop

 

6 August 2024

From:

Nicola Green, Principal Advisor, Policy and Planning and Stephen Lamb, Natural Resources Policy Manager

 

Namouta Poutasi, General Manager, Strategy and Science

 

 

Freshwater Policy Programme Timeline - What is best for the Bay of Plenty?

1.       Purpose

This workshop is about the way forward for the Freshwater Policy Programme RPS and Regional Natural Resources Plan changes. Councillors have been considering implications of pending changes to national freshwater regulations and policy and requested this workshop is to reconsider options for the timing of:

·       draft plan change release for required consultation, and for targeted stakeholder feedback; and

·       formal notification of proposed changes.

2.       Guidance Sought from Councillors

Discussion and feedback is sought on the options and assessment, in consideration of what is best for the Bay of Plenty.  These options can be presented to the next Strategy and Policy Committee meeting for decision.

3.       Introduction

The Freshwater Policy Programme was initiated in 2012.  As noted in Attachment 1 (“The Journey So Far”) , Council has invested in substantial science and policy review and development, as well as six months of community engagement, and multiple policy discussions with Councillors. There have been several programme changes, timeframe extensions and decisions since 2012.

Most recently, the Strategy and Policy Committee decided in February 2024 to extend the date for notifying proposed changes to September 2025 (from December 2024).  At their April 2024 meeting, the Committee approved a timeline to achieve this, including intended release of draft changes for required consultation and stakeholder feedback during November-December 2024.

Councillors wish to reconsider these timeframes, given we do not yet have clarity about the scope and nature of likely changes to Freshwater Farm Plan regulations or the National Policy Statement for Freshwater Management. In particular, there is concern about draft rules focussed on reducing contaminants coming from farming, and how these will be affected by national changes.

4.       Pending national policy and regulation changes

Staff have been cognisant of pending national policy and regulatory changes, and continue work to develop a future proofed (to the extent possible) and appropriate plan change that addresses real issues for Bay of Plenty Region.   

Attachment 2 provides an update on what we know of pending national changes relating to freshwater. Details of changes are not yet available.  However, the following points (noted in February 2024) are still assumed:

·       National freshwater policy direction will still be in play, possibly in a form more like the 2017 or 2014 version.

·       While amendments are likely to affect the hierarchy of obligations and possibly other aspects of Te Mana o te Wai, the sustainable management purpose of the RMA (s.5) and regional council duties to maintain or enhance water quality and ecosystem health will remain (s.30). 

·       Freshwater farm plans will still be required via a national regulation. 

Staff will continue to update Councillors, and Councillors will have the option to revisit time frame decisions again as new information becomes available, up until they adopt the proposed plan change for notification. 

5.       Key considerations

Council has considered these factors when making decisions to date. There are compelling reasons for a shorter timeframe. These include:

1.    There are known and significant environmental issues and community expectation that these should be addressed, and should already have been addressed.  These include the degraded and degrading state of Waihī and Maketū estuaries and some of the Rotorua Lakes due, in large part to contaminants from their rural catchments.  These water bodies have high ecological, cultural, food harvesting, contact recreation, and landscape values.  The issues are largely caused by diffuse and cumulative contaminant losses from whole catchments. The operative Regional Natural Resources Plan provisions are not sufficient.  Irrespective of national bottom lines for rivers or changes to the NPSFM and timelines, these issues need to be addressed.  Maintaining or enhancing water quality and ecosystem health of freshwater and coastal waters is a fundamental duty of regional councils under the RMA.    

2.    Enabling benefits of economic development by having an up-to-date, simplified framework to manage freshwater, which we expect will enable a clearer and more efficient process for consent applications than some our current rules deliver.

3.    Ideally this simpler framework would be in place before 2026 to improve the process for the 600+ water take consents that are coming up for renewal (pre-RMA consents).

4.    Making the best use of investment to date.  Momentum has built up across the Freshwater Programme. Significant financial investment (over 8+ years) has occurred, and the plan changes and analyses are well advanced. Council has been working towards region wide plan changes for 3 years, changes for Waihi, Maketu and Rangitaiki for an additional 5 years, and water quantity changes for more than 10 years.  This is due to changes / replacements in National Policy Statements for Freshwater Management in 2011, 2014, 2017, and 2020.

5.    Recent science has identified that there can be more efficient water and freshwater allocation, and in the majority of cases across our Region, there can be more water released for development.

6.    New science is now available and should inform resource management decisions.  The longer we delay notification, the more data becomes out of date and reports need to be reworked – and the benefit of the new information is not realised. There would be a significant cost in re-working the science supporting the plan change.

7.    Tangata whenua, community members and stakeholders have invested time in providing initial feedback, and Council has noted draft changes would be shared.  Several parties expect progress on improving freshwater outcomes.

Coupled with these, the Central Government reform agenda is uncertain. Developing national policy instruments is not a simple process and there is ultimately no guarantee that a long term, stable framework will be created, as shown by the many amendments to the NPSFM to date. 

6.       Timeframe Options

The timeframe options assessed are outlined in the table below. 

We note an option suggested was to progress only the plan change topics that we are more certain will not be affected by the national policy changes, and not progress others. This not practically implementable or appropriate.  The scope and nature of amendments has not been expressed by Government and the process of options, drafting, engagement and decision making has not launched yet.   Efforts to predict the future to this extent are premature.  We expect to know more about national policy direction in coming months, and Councillors can consider implications at that time.

Option

Description

Draft release date

Proposed notification date

1

 

Carve out farming land use[1] provisions and progress them separately

Release the draft changes as planned (November-December) except for the draft farming land use rule set.

 

 

 

 

(a)

EITHER

Release a discussion document of options for farming land use provisions alongside the draft RNRP Change, for feedback.  This can include discussion on three levels of regulation and contaminant reduction (see the green, orange and red steps in on the ladder in Attachment 3), as well as discussion about specific requirements.

Majority of plan change Nov 2024

 

Farming land use provisions - to be determined after feedback received

Majority of plan change Sept 2025

 

Farming land use provisions to be determined, but prior to December 2027[2]

 

(b)

OR

Hold back release of draft farming land use provisions until February 2025, after the Freshwater Farm Plan regulations are gazetted, and place notification date decision on hold until next year.

Majority of plan change Nov 2024

 

Farming land use provisions – March 2025

Majority of plan change September 2025

Farming land use provisions - To be determined but prior to December 2027

2

 

Defer release of whole plan change

Aim to release the whole draft plan change in September 2025, subject to clarifying implications of changing national freshwater policy.  Place decision about notification date on hold, for the new Council to make after local government elections in 2025.

September 2025

To be determined, but prior to December 2027

6.1      Options assessment

A summary assessment of the options is provided below, and more detail is provided in Attachment 4.

Option

1a

1b

2

Status quo

Address known water quality issues promptly.

? timing TBC

? timing TBC

X

P

Addresses water quantity and other environmental issues promptly.

P

P

X

P

Notified prior to 2026 water take consent expiry

P

P

X

P

Maintains momentum

P

P

X

P

Limits duplication, wasted investment / repetition of work

?

?

X

P

Time for tangata whenua and other targeted engagement

P

P

P

P

Time to develop s.32

P

P

P

P

Decisions by this Council (prior to elections)

P Majority

? Farming standards

P Majority

? Farming standards

X

P

Time for assessment of feedback on draft plan

P

?

P

P

Plan change can be integrated with amended FWFP regulations

P

P

P

P

Plan change can give effect to 2025 national freshwater direction

?

?

P

?

Minimised risk that hearing panel will insert plan provisions in response to submissions

X if farming requirements are notified later than majority of plan

X if farming requirements are notified later than majority of plan

?

P

Meets duty to implement current NPSFM as soon as reasonably practicable.

P Majority

? Farming standards

P Majority

? Farming Standards

?

P

7.       Option 1(a) is recommended

We recommend Option 1(a) is progressed, retaining the opportunity of notifying the whole plan change in September 2025 - although this would need to be specifically considered after feedback on the Draft and Discussion Document.

The option of notifying most of the plan and not the farming rules is a possibility that could be considered at that time, but carries with it risks of judicial review for failing to address water quality, or of drafting through a hearings panel process in response to submitters.

This option provides tangata whenua and stakeholders with opportunity to provide comprehensive feedback on real proposals and alternatives rather than high level statements, while there is time to amend the plan change before notification. 

The critical influences on this recommendation are the expiry of the majority of water take consents in 2026, timing of local government elections, and the importance of maintaining momentum and currency. This also introduces new water quantity allocation limits, and delivers an up-to-date, simplified plan that meets National Planning Standards, and maintains and improves freshwater for our community.

The discussion document for farming land use can seek feedback on how far to go with steps to reduce contaminant losses through farming rules, as well as on the appropriate of specific controls and requirements. If Council is not comfortable progressing the farming provisions into the plan change for notification it would be recommended that they are progressed to a draft that is released in parallel with the notification of the balance of the plan change.

If Option 2 is preferred, it is recommended that staff are able to hold engagement discussions on draft options and draft plan change text (as early unapproved working draft) ahead of the draft plan change release, so that provisions and s.32 can continue to be developed.

8.       Next Steps

1.    These options will be presented to the next Strategy and Policy Committee meeting for decision.

2.    Staff continue to keep up to date with information about central government policy and regulatory changes, and will keep Councillors informed.

3.    Staff are continuing to prepare a draft plan change, to be ready for release at any time decided by Councillors.  Section 32 evaluations are also continuing.

4.    If Councillors agree with the recommended Option 1A work will begin immediately on a discussion document on farming provisions.

Attachments

Attachment 1 - Plan on a Page - Freshwater Re-Set

Attachment 2 - Freshwater policy and regulatory reform

Attachment 3 - Considered Approach to Farming Provisions

Attachment 4 - Additional assessment of timeframe options  

 


Strategy and Policy Committee Workshop                                                                        6 August 2024

PDF Creator


Strategy and Policy Committee Workshop                                                                        6 August 2024

PDF Creator

PDF Creator

PDF Creator


Strategy and Policy Committee Workshop                                                       6 August 2024

PDF Creator


Strategy and Policy Committee Workshop                                                       6 August 2024

PDF Creator

PDF Creator

 



[1]Farming land use provisions” include specific land use and incidental discharge rules setting minimum standards for permitted activity farming, arable and horticultural, and direction for freshwater farm planning.  There are other rules which affect some farms, that would go ahead with the majority of the plan change, e.g., effluent storage and discharge rules, farm dumps, earthworks and vegetation clearance rules, land drainage network discharge rules, cultivation rules. Rules constraining intensification that would increase contaminant losses would also need to go ahead.

[2] The RMA requires councils to notify freshwater instruments implementing the NPSFM by 31 December 2027.