Agenda of Strategy and Policy Committee - Tuesday, 17 September 2024

Strategy and Policy Committee Minutes

25 June 2024

Strategy and Policy Committee

Open Minutes

Commencing: Tuesday 25 June 2024, 9.30am

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga, and via Zoom (Audio Visual Meeting)

Chairperson: Cr Paula Thompson

Deputy Chairperson: Cr Kat Macmillan

Members: Cr Stuart Crosby

Cr Toi Kai Rākau Iti

Chairman Doug Leeder

Cr Matemoana McDonald

Cr Jane Nees (Via Zoom)

Cr Ron Scott

Cr Lyall Thurston

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; Reuben Fraser – General Manager, Regulatory Services; Stephen Lamb - Natural Resources Policy Manager; Nicki Green – Principal Advisor Policy and Planning; Nassah Rolleston-Steed – Principal Advisor, Policy and Planning; Karen Parcell – Team Leader Kaiwhakatinana; Dean Howie – Programme Manager, Regional Economic Development; Reece Irving - Senior Regulatory Project Officer; Kathy Thiel-Lardon – Environmental Engineering Team Leader; Arsalan Karim – Planner; Merinda Pansegrouw – Committee Advisor

Apologies: Cr Malcolm Campbell, Cr Ken Shirley

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 (BOPRC) YouTube channel following the meeting.

Recording link: Strategy and Policy Committee Meeting - 25 June 2024

2. Apologies

Resolved

That the Strategy and Policy Committee:

1 Accepts the apologies from Councillors Campbell and Shirley tendered at the meeting.

Thompson/Crosby

CARRIED

1. Declaration of Conflicts of Interest

None declared.

2. Minutes

Minutes to be Confirmed

2.1

Strategy and Policy Committee Minutes - 9 April 2024

Resolved

That the Strategy and Policy Committee:

1 Confirms the Strategy and Policy Committee Minutes - 9 April 2024 as a true and correct record.

Thompson/Scott

CARRIED

3. Reports

3.1

Operating Environment

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

Stephen Lamb - Natural Resources Policy Manager

In Response to Questions

· Confirmed that, as part of the operating environment, partnerships/relationships with territorial local authorities/central government, were a priority; staff were working closely with all partners throughout their respective long term plan processes/joint projects

· Provided an update on progress regarding the Select Committee Inquiry into Climate Adaptation.

· Te Uru Kahika (TUK) Submission: TUK had lodged a comprehensive submission with a refined terms of reference focussing on: Resource Management Bill 1 (general matters)/Climate Change Adaptation/Coastal Permits for Marine Farms/Water Services Bill. The submission on the Resource Management Bill had been circulated to members, requesting urgent feedback

· Summarised the key points to be considered as part of the wider sector submissions from TUK and the Aotearoa Climate Adaptation Network as follows: seeking co-investment in climate resilient infrastructure/seeking clarity around liability and roles/seeking alignment of tools/seeking legislative consistency/ensuring partnering with Māori/iwi and ensuring a strong data research component to support the prioritisation framework. Had circulated this submission as part of previous correspondence; staff undertook to recirculate a copy to members.

Key Points - Members

· Expressed concerns regarding intensive winter grazing/sloped land; requested further opportunity to comment/provide feedback into the TUK submission process

· Enquired about the latest direction/requirements from central government regarding the zoning of land/availability of Tier One land for residential capacity

· Noted the delay in the signing of the Te Whānau a Apanui Deed of Settlement.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment.

Thompson/McDonald

CARRIED

3.2

National Planning Standards Compliant Regional Policy Statement

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

Karen Parcell - Team Leader Kaiwhakatinana

Stephen Lamb - Natural Resources Policy Manager

Key Points - Members

· Pointed out that converting the operative Bay of Plenty Regional Policy Statement (RPS) structure and format to give effect to the National Planning Standards (Standards) had increased the document by up to 200 pages, making it less user friendly than the current document

· Acknowledged the challenging work undertaken by staff in aligning the document with the new planning framework

· Acknowledged that there had been no amendments to policy content/objectives/method; however, did raise some concerns; was seeking an opportunity for further discussion with staff on matters relating to:

o Alignment of explanations with various policies and methods/ integrated management sections to ensure user friendly navigation for readers

o Minor typographical/reference corrections

o Overlap between some sections

· Were supportive of deferring the report to a future meeting to enable members and staff to have further discussions on streamlining the conversion.

Resolved

That the Strategy and Policy Committee:

1. Receives the report, National Planning Standards Compliant Regional Policy Statement;

2. Defers consideration of the report “National Planning Standards Compliant Regional Policy Statement” to the Strategy and Policy Committee scheduled for 17 September 2024, to enable Elected Members the opportunity to provide further comment/input.

Thompson/von Dadelszen

CARRIED

3.3

Policy on Dangerous, Earthquake-prone and Flood-prone Dams

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

Arsalan Karim - Planner

Kathy Thiel-Lardon – Environmental Engineering Team Leader

Reece Irving - Senior Regulatory Project Officer

Key Points

· Building Dam Safety Regulations 2022 (the Act) had come into effect on 13 May 2024

· Regulations required Regional Council to adopt a policy on Dangerous, Earthquake-prone and Flood-prone dams within 3 months (rather than the anticipated 18 months) of the regulations coming into effect

· Regulations had prompted all councils to revise the regulatory framework of their existing policy on dangerous dams by defining classifiable dams and shifting the responsibility (from Council to dam owners) to classify dams and provide certification for dam classification, safety assurance program and annual compliance

· Was seeking approval of the Draft Policy and Statement of Proposal for public notification between 26 June and Monday 29 July 2024

· Sought appointment of a Hearings Sub-Committee to hear submissions, deliberate and make recommendations to the Strategy and Policy Committee.

In Response to Questions

· For the purposes of the Act, a classifiable dam meant a dam that had a height of 4 or more metres and stored 20,000m³or more volume of water

· Confirmed that the Ministry of Business, Innovation & Employment (MBIE) had changed the definition of a classifiable dam – excluding dams under 4 metres from being subject to the dam safety regulations; consequently removing the majority of farming type bunds to not be captured under this policy. (Detention dams were generally limited to 10,000m³ volume/1.5m high, or 5,000m³ volume/2.5m high)

· Learnings from past experiences, such as the 1987 Edgecombe Earthquake, were continuously captured in new policies/guidelines and standards

· Confirmed that there were currently no dams within the region classified as dangerous that were near major centres of population. A process to review all dams would form part of the implementation of the new regulations. Staff are aware of three older dams within the region that had been built without engineering specifications; these had no population base downstream; staff were currently working with landowners to identify appropriate measures going forward.

Resolved

That the Strategy and Policy Committee:

1 Receives the report, Draft Policy on Dangerous, Earthquake-prone and Flood-prone Dams;

2 Approves the Draft Bay of Plenty Regional Policy on Dangerous, Earthquake-prone and Flood-prone Dams;

3 Approves the process and timeframes for the review and adoption of the Bay of Plenty Dangerous, Earthquake-Prone and Flood-Prone Dams policy;

4 Establishes a Hearing Sub-Committee pursuant to Schedule 7 of the Local Government Act 2002, for the purpose of hearing and deliberating on submissions and making recommendations to the Strategy and Policy Committee;

5 Approves the Terms of Reference for the Hearing Sub-Committee;

6 Appoints at least three members to the Hearing Sub-Committee for the purposes set out in 4 above:

(i) Cr Jane Nees

(ii) Cr Kat Macmillan

(iii) Cr Ron Scott

(iv) Cr Stuart Crosby; and

7 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance.

Thompson/McDonald

CARRIED

3.4

Proposed Change 6 (NPS-UD) - Appeals Sub-committee Terms of Reference

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

Resolved

That the Strategy and Policy Committee:

1. Receives the report, Proposed Change 6 (NPS-UD) - Appeals Sub-committee Terms of Reference;

2. Approves the draft Terms of Reference for the RPS Change 6 (NPS-UD) Appeals Sub-committee, including any amendments made at this meeting; and

3. Delegates authority to the General Manager, Strategy and Science the ability to appoint replacement Appeals Sub-committee members if a situation arises where an existing member must stand down.

Thompson/Thurston

CARRIED

3.5

Circular Economy for the Western Bay of Plenty

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

Reece Irving – Senior Regulatory Project Officer

Key Points

· Report had identified opportunities to assist key sectors in the Western Bay of Plenty subregion with moving towards more circular economy principles and activities

· Focus was on three target sectors: construction and demolition; health care and food and beverage

· Based on the findings to guide Regional Council’s role in promoting circular economy practices across the region, the first focus area is engagement with the construction and demolition sector

· Since completion of the report, further opportunities to address waste in the kiwi fruit industry and food wastage in parts of the health sector had been identified.

In Response to Questions

· In terms of the allocation of timeframes to complete initiatives, progress would be dependent on availability of resources. With the forthcoming completion of Long Term Plan processes, staff would be able to identify and progress actions based on available capacity

· Staff would continue to engage with the Central North Island Waste Liaison Group and territorial authorities across the wider region to explore and support circular economy and waste minimisation initiatives

· Noted that coordination regarding waste management with both the Dentistry and Aged Care/Rest Home Industries remained a challenge due to the lack of a centralised body to liaise with.

Resolved

That the Strategy and Policy Committee:

1. Receives the report, Circular Economy for the Western Bay of Plenty.

Macmillan/Crosby

CARRIED

10:24 am – the meeting closed.

Confirmed

Cr Paula Thompson

Chairperson, Strategy and Policy Committee



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Stephen Lamb, Natural Resources Policy Manager
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To provide an update on Council’s operating environment.

Operating Environment

Executive Summary

This report covers the operating environment areas that influence and inform Council’s policy direction and work. It provides information on the operating environment and the reforms that will potentially have considerable impact on our local government functions. Fast-paced change continues to alter Council’s operating environment and staff are endeavouring to keep up-to-date with implications for Council’s policy setting and operational functions.

The scope of potential change in the legislative/national direction landscape is currently very wide. While staff are monitoring signals and media releases, and are “reading the tea leaves”, resources are not generally committed to understanding implications until concrete proposals are received.

This report covers:

· Upcoming Legislative and Government Policy Changes

· Other matters.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Operating Environment.

1. Introduction

The landscape within which Council is operating continues to be subject to change, which is happening at some pace. There has been a flurry of announcements from Government in recent weeks. This report provides a briefing on the range of Government reforms and legislative change proposals that may require changes to our future work.

The Government have indicated that there is more change to come before the end of this year, including the single largest package of national direction changes in New Zealand’s history – seven new national direction instruments and amendments to fourteen existing ones.

Staff are well connected across sector groups such as Te Uru Kahika and continue to monitor developments that have the potential to impact on our policy and operational positions. We will update Councillors on relevant matters as they happen through internal communication channels.

2. Upcoming Legislative and Government Policy Changes

2.1 Resource Management Act Amendment Bill (#2)

The second of the RMA Amendment Bills is expected to be introduced into Parliament later this year and enacted by mid-2025. Four packages of reform are to be delivered through this Bill which will be introduced alongside the single largest package of national direction changes in New Zealand history: seven new national direction instruments, and amendments to fourteen existing ones. The national direction timeline will follow the same timeline as the Bill.

The four packages are:

· Infrastructure and Energy – develop further national direction to enable a range of productivity-boosting energy and infrastructure projects, including new National Policy Statement (NPS)-Infrastructure.

· Housing – reform to enable the first pillar of the Government’s Going for Housing Growth policies announced earlier this year. Changes to NPS-Urban Development and NPS-Highly Productive Land will also be made.

· Farming and Primary Sector – changes to drive primary sector productivity and give effect to the National Party Manifesto promises and coalition agreement. NPS - Highly Productive Land to be amended to provide a consent pathway for a broader range of infrastructure on highly productive land such as renewable energy (i.e. solar farms), indoor primary production (i.e. poultry farms and piggeries) and greenhouses. Note - the NPS - Highly Productive Land amendments came into effect on 14 September 2024.

· Emergencies and Natural Hazards – new national direction for Natural Hazards (covered further in this report).

We will continue to actively monitor developments and consider implications for Council once more information is available.

2.2 Fast Track Approvals Bill

Cabinet has agreed to recommend the following changes to the Fast-Track Approvals Bill.

· Projects will be referred to an expert panel by the Minister for Infrastructure alone, who will be required to consult the Minister for the Environment and other relevant portfolio Ministers as part of that referral process.

· Final decisions on projects will not sit with Ministers but with the expert panel.

· Expert panels will include expertise in environmental matters; will include an iwi authority representative only when required by Treaty settlements; and will include Māori development expertise in place of mātauranga Māori.

· Applicants will be required to include information on previous decisions by approving authorities, including previous court decisions, in their applications for the referring Minister to consider.

· Timeframes for comment at the referral and panel stages will be extended to give parties, including those impacted by a proposed project, more time to provide comments.

384 projects have applied to be listed in Schedule 2 of the Bill, 35 of those projects are in the Bay of Plenty region. The detail of this list is not available. Cabinet will now consider which of the projects will be listed and will put a report before Parliament when they consider the Bill later this year, after which the list will be released to the public. Once the Bill is enacted, the projects listed in Schedule 2 will be able to apply directly to an Expert Panel for a final decision and application of any conditions.

We will continue to monitor developments and assess any implications for Council.

2.3 Local Government (Water Services Preliminary Arrangements) Bill

This Bill, which establishes preliminary arrangements for local government water services delivery, was enacted on 2 September. This marks the beginning of the 12-month period councils have to develop Water Services Delivery Plans for their communities, which are the foundation for Local Water Done Well.

As previously advised, Council has an interest in future infrastructure and ownership arrangements as they shape up as a regulator of water takes and discharges.

The next piece of legislation, the Local Government Water Services Bill, will provide the long-term replacement regime and is expected to be introduced in December this year and enacted by mid-2025. We will continue to monitor developments and once the Bill is introduced, we will be able to fully consider any implications for Council.

2.4 National Policy Statement for Natural Hazard Decision-making

The national direction for natural hazards will be progressed through a single instrument (previous Government were proposing a 2-step national direction process), to be in place by mid-2025. This will be advanced through phase 2 of the RMA reform programme.

The new NPS for Natural Hazard Decision-making will provide direction to councils on how to identify natural hazards, assess the risk they pose now and in the future, and how to respond to that risk through planning controls such as directing development away from high natural hazard risk areas, or providing appropriate mitigation of that risk.

It will include requirements to identify and map natural hazards in regions and districts. This will improve council data on natural hazards, improve transparency, and allow people to know where hazards are. The process will include testing proposals with local government stakeholders and incorporating their feedback. We have staff who are part of the Te Uru Kahika Natural Hazards working group to provide direct feedback to the Ministry for the Environment as a testing group. We will monitor the progress of this NPS and implications for Council.

2.5 LGOIMA Regulations - Natural Hazard Information to be Included in LIMs

The Department of Internal Affairs will be consulting in the coming months on draft regulations that will support councils implement recent amendments to the Local Government Official Information and Meetings Act 1987 (LGOIMA) to improve natural hazard information disclosure in Land Information Memorandum Reports (LIMs).

Key amendments are: a purpose to ensure that natural hazard information in LIMs is understandable; a requirement that regional councils must provide territorial authorities with natural hazard information; and a limitation of legal liability for local authorities when making available natural hazard information in good faith in LIMs. The LGOIMA amendments are due to come into force on 1 July 2025, but may come into force sooner.

The draft regulations, to support the implementation of the above amendments, are likely to: address how councils can meet the new requirements; additional information to make natural hazard information more understandable; and how that information is summarised and presented.

Staff are reviewing what will be required with regards to sharing comprehensible information in a timely manner.

2.6 Significant Natural Areas Review (National Policy Statement for Indigenous Biodiversity)

The scope of the review on how significant natural areas (SNAs) should be identified, assessed and managed has been confirmed. The review will look at the: criteria for identifying SNAs; assessment and identification processes; and the management of land subject to SNAs. Officials will now develop policy options and seek input from groups and individuals with in-depth technical knowledge, including ecologists, officials from local government, Māori and landowners.

Any changes to the NPS for Indigenous Biodiversity will be progressed as part of the Resource Management Reforms, which will include changes to national direction. There will be an opportunity to provide feedback on these changes in the first quarter of 2025, and Cabinet is expected to make final decisions on national direction changes in mid-2025. Staff will continue to monitor these developments and implications for Council.

2.7 New Zealand Coastal Policy Statement

The Department of Conservation is currently in a pre-engagement phase looking at specific amendments to the New Zealand Coastal Policy Statement (NZCPS) that the Government would like made as part of their Resource Management Reforms. Formal consultation will be occurring early in 2025.

No changes have been formed yet but there are early indications that there will be amendments to make it easier for infrastructure and aquaculture to progress and operate. There is a view from within the aquaculture, renewable electricity generation and transmission sectors that some NZCPS policies are barriers to their activities. The Government has identified a priority of better enabling development in relation to this review. Staff will continue to monitor developments as there will likely be implications for Council.

3. Other Matters

3.1 Back to Basics Local Government Work Programme

The Government have announced measures to ensure councils are getting back to basics to reduce the cost of living, deliver core services and infrastructure, and improve the efficiency of decision-making. The Government will:

· Refocus the purpose provisions in the Local Government Act – on local services and infrastructure. The four wellbeing provisions are to be removed.

· Investigate performance benchmarks for local councils – in areas councils should already be monitoring closely (i.e. financial performance and customer service delivery).

· Investigate options to limit council expenditure on nice-to-haves – looking into tools like revenue caps for non-core activities to control rates increases.

· Review transparency and accountability rules that apply to councils – Cabinet have agreed to launch a review into this.

The Government will consider options to implement the system improvements and will make final policy decisions later this year. We will continue to monitor these developments. It also appears that this programme of work will cover other areas such as:

· codes of conduct

· conflicts of interest

· bylaws, and

· decision-making processes.

3.2 Regional and City Deals

The Government has announced the Regional Deals Strategic Framework that will drive economic growth and deliver on infrastructure needs. They have indicated that Regional Deals in New Zealand will support long-term collaboration between central and local government, deliver a joint, long-term vision for regions, and will be relentlessly focused on economic growth and productivity, delivering resilient critical infrastructure, and improving the supply of affordable, quality housing.

Regional Deals will be used to help coordinate capital investment between central and local government and will also be a tool to enable regions to utilise new and existing funding tools to fund and finance this infrastructure.

Cabinet has agreed to a staged approach for rolling out Regional Deals around the country. Up to five regions will be invited by the Government to provide straightforward basic proposals for a Regional Deal. After considering these proposals, the first Regional Deal will be finalised in 2025.

3.3 Climate Change – Emissions Reduction Plan

The Climate Change Commission published its first monitoring report on the Emissions Reduction Plan in July 2024. The overall message is that whilst NZ’s emissions have been reducing and we appear on track to meet the first emissions budget (2022-25), the second and third emissions budgets are at risk due to insufficient actions being in place to continue to reduce emissions at the levels required.

The Ministry for the Environment is currently consulting on a discussion document to inform the second ERP (2026-28), which is due to be published by the end of 2024. Council is not making a formal submission but has provided a high-level summary of points to be considered as part of the wider sector submissions from Te Uru Kahika. We will continue to monitor any developments.

3.4 National Infrastructure Plan

Work is underway to develop a 30-year National Infrastructure Plan. The Plan will outline New Zealand’s infrastructure needs over 30 years, planned investments over the next 10 years and recommendations on priority projects and reforms that can fill the gap between what we have now and what will be needed in the future.

The Plan will be announced in December 2025 and consist of four parts:

· Infrastructure Needs Assessment - provides analysis of New Zealand’s long-term needs and what we can afford across the next 5-30 years

· Strengthened National Infrastructure Pipeline - provide a national view of upcoming projects in the next ten years

· Infrastructure Priorities Programme (IPP) - involve a structured independent review of unfunded projects and initiatives, and

· Priority reforms - improve the way we select, invest in, deliver and maintain our infrastructure.

Staff will keep a watching brief on progress with establishment of the National Infrastructure Agency, National Infrastructure Plan and Pipeline, and IPP, especially in the context of Council’s involvement in spatial planning and possible Regional and City Deals.

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 in response and as implications are known and reported to the Strategy and Policy Committee at relevant Committee Meeting and Workshops throughout 2024.



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Nicola Green, Principal Advisor, Policy and Planning and Stephen Lamb, Natural Resources Policy Manager
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To decide on changes to the Freshwater Policy Programme timeline, in consideration of what is best for the Bay of Plenty.

Freshwater Policy Programme: What's best for the Bay of Plenty

Executive Summary

At the Strategy and Policy Committee workshop held on 6 August 2024 Councillors considered options for progressing the Freshwater regional policy statement and plan changes given uncertainty around national direction; in particular, the impact on rules focussed on reducing contaminants coming from farming.

Options are presented and assessed, including:

1. Release the draft changes as planned (November-December) except for the draft farming land use provisions:

EITHER

(a) Progress and Pivot - Release a discussion document about options for farming land use provisions at the same time.

(b) Hold back release of draft farming land use provisions until February 2025

2. Delay release of the whole draft plan change until September 2025.

Option 1(a) progress and pivot is recommended with the caveat that staff will continue to monitor the developing national direction and will consider what may be needed to pivot to align with national direction. This approach combines continuing momentum with a pragmatic view of what may change.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Freshwater Policy Programme: What's best for the Bay of Plenty;

2 Agrees to progress Option 1(a) progress and pivot, which includes:

(a) Targeted release of the draft Regional Policy Statement change 7 (Freshwater) and draft Regional Natural resources Plan change 19 (Freshwater) for feedback in November and December 2024, excluding farming land use provisions from the draft plan change;

(b) Targeted release of a discussion document about the options for farming/primary sector land use provisions at the same time;

(d) Endorses staff preparing for the potential need to pivot to align with any new national direction.

3 Agrees that staff regularly update this committee on emerging national direction so that Council can consider further changes to this programme to ensure it remains fit for purpose and a cost effective approach is maintained;

4 Agrees to staff facilitating an informal Councillor working group to provide advice during development of the farming discussion document and engagement; and

5 Endorses the approach to engagement (Section 3.3) during the targeted stakeholder feedback period.

1. Introduction

The Freshwater Policy Programme was initiated in 2012. 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.

A workshop on 6 August 2024 was sought to reconsider these timeframes due to there being a lack of clarity about changes being signalled to the National Policy Statement for Freshwater Management and supporting regulations. In particular, there is concern about draft rules focussed on reducing contaminants coming from farming, and how these will be affected by national changes. The workshop considered options, and these are presented in this report for decision. An outline of the approach to engagement during the targeted stakeholder feedback period is also provided here.

1.1 A definition of “farming”

The term “farming” is defined under the Resource Management Act (section 217B). It encompasses the following land uses:

· Pastoral: grazing of livestock

· Arable: growing crops for harvest (such as grain cereal, legumes, mangels, maize)

· Horticultural: growing food or beverage crops for human consumption (other than arable crops)

It does not include forestry or other primary sector land uses (such as flower growing).

1.2 Legislative Framework

The Freshwater Policy Programme will implement regional council functions and duties, and direction under the Resource Management Act 1991 and the National Policy Statement for Freshwater Management by way of changes to the Regional Policy Statement and Regional Natural Resources Plan. The draft changes also align with several other National Policy Statements and National Environmental Standards. The current Government is in the process of considering changes to these national instruments (Attachment 1).

The following points (noted in February 2024) are still assumed:

· A National Policy Statement Freshwater Management will still exist, possibly in a form more like an earlier 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.

2. Timeframe options

2.1 Factors to consider

Council has considered the factors listed below 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.

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.

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 – meaning the benefit of the new information is not realised and there would be a significant cost in re-working the science.

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.

2.2 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 is not practically implementable or appropriate. The scope and nature of amendments has not been expressed by Government. 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 use1 provisions and progress them separately Release the draft changes as planned (November-December) except for the draft farming land use rule set.
	(a)	EITHER “Progress and pivot” - Release a discussion document of options for farming/primary sector land use provisions alongside the draft RNRP Change, for feedback. This can include discussion on three levels of regulation and contaminant reduction, as well as discussion about specific requirements.	Majority of plan change Nov 2024 Farming/ primary sector land use provisions - to be determined after feedback received	Majority of plan change Sept 2025 Farming/ primary sector land use provisions to be determined, but prior to December 2027[1]
	(b)	OR Hold back release of draft farming/primary sector 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/ primary sector land use provisions – March 2025	Majority of plan change September 2025 Farming/ primary sector 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

2.3 Carve out of farming land use provisions

“Farming land use provisions” include specific land use and incidental discharge rules, and direction for freshwater farm planning, that relates to pastoral, arable and horticultural activities (see section 1.1).

There are other rules which will affect some farming activities that it is anticipated will go ahead with the majority of the plan change. These include for example, provisions relating to effluent storage/discharge, farm dumps, earthworks and vegetation clearance, and land drainage network discharge. Rules constraining intensification that would increase contaminant losses would also need to go ahead.

2.4 Options assessment

A summary assessment of the options is provided below, and more detail is provided in Attachment 2.

Option	1a	1b	2
Address known water quality issues promptly.	? timing TBC	? timing TBC	X
Addresses water quantity and other environmental issues promptly.	P	P	X
Notified prior to 2026 water take consent expiry	P	P	X
Maintains momentum	P	P	X
Limits duplication, wasted investment / repetition of work	?	?	X
Time for tangata whenua and other targeted engagement	P	P	P
Time to develop s.32	P	P	P
Decisions by this Council (prior to elections)	P Majority ? Farming land use provisions	P Majority ? Farming land use provisions	X
Time for assessment of feedback on draft plan	P	?	P
Plan change can be integrated with amended FWFP regulations	P	P	P
Plan change can give effect to 2025 national freshwater direction	? Pivot would be required	? Pivot would be required	P
Minimised risk that hearing panel will insert plan provisions for farming in response to submissions	X if farming land use provisions are notified later than majority of plan	X if farming land use provisions are notified later than majority of plan	?
Meets duty to implement current NPSFM as soon as reasonably practicable.	P Majority ? Farming standards	P Majority ? Farming Standards	?

2.5 Option 1(a) is recommended

Staff 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 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.

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 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.

2.6 Ability to pivot in response to any national direction change

Staff continue to monitor signals for change in national freshwater direction. Staff are recommending that the development of the draft plan change is undertaken with the understanding that there is likely to be a need to pivot to align with new national direction at some point in the future. This maintains progress and momentum, and allows the Council to seek feedback from the community – while being ready to shift plan content if required. Hence why the recommended option is described as the “Progress and Pivot” option.

Staff are of the opinion that a pivot can be done reasonably quickly and will be able present options to Council in relatively short order. Potential “change” areas already identified include:

· Freshwater Management Unit visions

· Attribute tables

· Te Mana o Te Wai policy.

Staff will assess the specifics of what this may mean as the signals from Government translate over time into concrete proposals and direction.

3. Considerations

3.1 Risks and Mitigations

The pros and cons of options are included in section 2 and Attachment 2 of this report. The particular risks associated with the recommended option are:

· There will be limited time to amend the plan change to align with new national policy direction and regulations likely to be gazetted in mid-2025. If necessary, Councillors would have the option to extend the notification date.

· If the farming land use rules are not notified at the same time as the rest of the plan change, there is a significant risk that submitters will seek such rules, and the Independent Freshwater Hearings Panel will then insert them. As risk mitigation it would be preferable to at least release draft farming land use rules at the same time as the rest of the plan is notified, so that Council retains some control over what those rules look like and provides a signal to potential objectors.

3.2 Community Engagement

CONSULT

Whakauiuia

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

Council has previously directed to invest extensively in community engagement. A 6-month long community engagement phase was held in 2023, involving more than 50 community events. For the November-December 2024 phase of seeking feedback on the detail of draft changes and the farming land use options discussion document, a targeted consultation approach is proposed. The approach would include the following:

(1) Some factsheets will be prepared to bring attention to, and encourage feedback on, key change topics in the draft RPS and RNRP changes.

(2) The discussion document on options for bringing down diffuse discharges from farming will focus on the question of how far we should go, providing three options packages, and an outline of each substantial change standard for feedback.

(3) A Participate page will be launched for people to lodge feedback on the discussion document, and the online submission management tool will be launched to receive feedback on the draft RPS and RNRP changes.

(4) The draft changes and discussion document will be available on our website.

(5) Some public communications will be delivered by social media posts and Freshwater Flash.

(6) Links to the draft documents will be sent to:

(a) all parties that we are specifically required to consult with under the RMA (schedule 1, clauses 2-3B), with an invitation to meet and to provide feedback in writing online. This includes the Ministers for the Environment, Primary Industries, and Conservation, district councils, and iwi organisations, customary marine title groups.

(b) other tangata whenua groups who have expressed an interest in the freshwater plan changes, such as hapū and post-settlement entities.

(c) Rural and Environmental Sector Organisation Forum representatives. This includes primary sector organisations, Fish and Game NZ, and Royal Forest and Bird Protection Society.

(d) renewable energy generators, and large industrial and commercial water users.

(e) people who attended and registered their details at 2023 events will receive an email pointing them to the web-site, and encouraging them to get in touch with their sector organisations (if they are members) about providing feedback.

3.2.1 Consulting with the farming sector

Engaging on the proposed farming discussion document will require focussed attention on engaging with the farming community. Engagement planning will consider the place of sector peak groups in this, but also how staff can have direct conversations with farmers – “woolshed meetings”. There are a range of ways of doing this and this process is expected to evolve organically as pathways are identified or arise as a result of other engagement forums.

Council continues to engage with the Rural and Environmental Sector Organisations Forum. Primary sector organisation representatives on this forum have indicated they will assist to convene some member meetings, at which staff can present and explain the proposals. They have also suggested technical meetings with advisors and with farmers who have a role in leading within the sector.

Farmers in a few catchments would be more affected than others – Waihī, Kaituna, Waiōtahe, and Tauranga Harbour. In these catchments, farmer meetings will be organised, particularly including existing farmer groups that Council works with.

To more fully understand the issues, and to be in a better position to develop options, it is proposed that a councillor working group is established to allow staff and councillors the opportunity to have free and frank conversations and to build a more robust understanding of the challenges within the farming sector. This will also help ensure pragmatic options are being presented to the community. This group will also provide useful insight into communication and engagement planning.

3.3 Implications for Māori

As noted in section 3.4 below Council must consult with iwi authorities. Council has extended an ongoing invitation to meet with iwi and hapū in the region and has met with most iwi organisations during the course of the work programme. During this consultation phase, a “friend of the submitter will be offered”, and a fact sheet will outline how matters raised across the region by tangata whenua have been responded to in the draft plan change.

Some iwi and hapū will be more interested, ready or able to provide feedback than others.

3.4 Financial Implications

To date, Council has invested extensively in the Essential Freshwater programme. Over the period between 2021 and 2024 this includes an estimated $700,000 in tangata whenua specific engagement and projects, estimate of more than $1million on community engagement (predominantly staff costs) and $2,800,000 in science including modelling costs.

Council has allocated funding in this LTP to complete this programme of work. Through the LTP process funding in this activity was reduced by $1.6m based on efficiencies and reduced costs. The proposed way forward fits within the allocated budget and would not require additional science or modelling.

The costs of engagement are already budgeted for under the Essential Freshwater programme. Resourcing the establishment of an informal Councillor working group comes under the core role of the Freshwater Policy Team and would not involve extra costs.

There may be further engagement required particularly with the farming communities as the discussion document is a new step in this programme. Any additional costs will be managed by re-prioritisation within the programme as initiatives to accommodate greater engagement with farming communities will be critical to the success of the recommended option.

4. Next Steps

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

2. 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.

3. If Councillors agree with the recommended Option 1(a) work will begin immediately on a discussion document on options for farming provisions.

Attachments

Attachment 1 - Freshwater policy and regulatory reform ⇩

Attachment 2 - Assessment of time frame options ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Freya Camburn, Senior Policy Analyst and Elsa Weir, Senior Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To seek approval to release for consultation, Draft Plan Change 11 Geothermal to the Bay or Plenty Regional Natural Resources Plan.

Plan Change 11 Geothermal: Draft for consultation

Executive Summary

This report presents Plan Change 11 Geothermal (PC11) to the Bay of Plenty Regional Natural Resources Plan (RNRP) for approval to release as a draft. The release of PC11 is culmination of many years work and is a significant milestone for Council.

The Bay of Plenty Regional Natural Resources Plan (RNRP) and the Rotorua Geothermal Regional Plan are currently the two key policy documents for directing the management of geothermal in the Bay of Plenty region. Plan Change 11 updates and consolidates the geothermal policy provisions, previously spread across the separate plans, within the RNRP.

The release of the PC11 Draft for consultation articulates to the community, Councils geothermal management approach. It is the critical next step in the PC11 process, enabling tangata whenua, key stakeholders and the community to provide feedback on Council’s management intent prior to notification of a Proposed Plan and the more formal RMA Schedule 1 process.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Plan Change 11 Geothermal: Draft for consultation;

2 Approves the release of Plan Change 11 Geothermal: Draft for consultation; and

3 Delegates to the General Manager, Strategy and Science the authority to approve any minor changes, including grammatical and formatting, to the Draft Plan Change 11 Geothermal prior to its release for consultation.

1. Introduction

Plan Change 11 Geothermal (PC11) Draft for consultation is the culmination of many years of work supported by considerable technical evidence and expert input. The Release of PC11 is a significant milestone for Council and a critical next stage in a key project to deliver on one of Councils core roles.

Bay of Plenty Regional Council Toi Moana manages geothermal under the Resource Management Act 1991 (RMA). Key policy documents to achieve this are the Regional Policy Statement (RPS) which sets the overall geothermal management framework, and the Bay of Plenty Regional Natural Resources Plan (RNRP) and the Rotorua Geothermal Regional Plan (RGRP).

Plan Change 11 to the RNRP will give effect to the RPS policies and at the same time consolidate geothermal provisions, previously spread across plans, within the RNRP.

The release of the PC11 Draft clearly signals to the community, Councils geothermal management approach. It enables tangata whenua, key stakeholders and the community to provide feedback on Council’s management intent prior to notification of a Proposed Plan and the more formal RMA Schedule 1 process.

1.1 Previous Decisions

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 included comprehensive technical assessments of geothermal resources and in particular, of the Rotorua geothermal system.

At Committee workshops on 10 December 2020 and June 2021 the Committee agreed in principle to progress the development of the Rotorua System Management Plan, in advance of the plan change. In subsequent workshops the Committee informally reviewed draft regional plan provisions for Rotorua. The SMP was then released for engagement in September 2023 and the final SMP adopted by the S&P Committee on 9 April 2024.

A timeframe for PC11 was presented and agreed at the S&P Committee meeting in Feb 2024 and an update provided at the S&P Committee workshop in May 2024. Staff provided an update on the Bay of Plenty Regional Natural Resources Plan (RNRP) Plan Change 11 (PC11) Geothermal Plan Change provisions at the August 2024 S&P Committee workshop. The Committee agreed with the policy direction presented and supported the approach for integration across the geothermal and freshwater chapters of the Regional Natural Resources Plan.

1.2 Legislative Framework

A key driver for PC11 is to ensure the appropriate regulatory tools are in place to enable Council to effectively carry out core functions in sustainably managing geothermal.

Additionally, PC11 fulfils the requirement under the Resource Management Act 1991 (s79) to carry out 10 yearly reviews of regional policy statements and regional plans. The Rotorua Regional Geothermal Plan became Operative in 1999, the Regional Natural Resources Plan in 2008.

As these Plans include the policies and rules under which resource consents are granted it is essential that they are fit for purpose and enable Council to address current management issues for geothermal. For example, ensuring the protection of the fragile geothermal features through limits to use in the Rotorua system, but at the same time providing for the sustainable use and development of geothermal in other systems such as Kawerau for electricity generation and industrial direct use.

While there is no legislative requirement for Council to release a Draft Plan prior to notification of the Proposed Plan under Schedule 1 of the RMA, it is considered best practice to do so. Releasing the PC11 Draft will allow for more informal discussions to continue and issues to be identified and worked through prior to notification of a Proposed Plan and the more formal RMA Schedule 1 process of submissions and hearings.

1.3 Alignment with Strategic Framework

A Healthy Environment

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

1.3.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

Medium - Positive

¨ Cultural

Medium - Positive

¨ Social

Low - Positive

¨ Economic

Low - Positive

2. Plan Change 11 Geothermal

Plan Change 11 Geothermal: Draft for consultation (Attachment 1) addresses provisions for all geothermal systems in the Bay of Plenty Region. Development of the PC11 Draft has been an iterative process, with hui undertaken and feedback provided both formally and informally over many months. The provisions are supported by considerable technical evidence, expert input and are considered to be robust. PC11 is at a point where testing by tangata whenua, key stakeholders and the community (based on the specific wording drafted) to further refine development will be beneficial.

2.1 Overview of key changes

Many of the changes proposed for the geothermal plan change relate to amending 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[2]. Other changes relate to embedding RPS policy direction not currently included within the Regional Plans. Most changes being considered do not fundamentally alter the existing policy intent, however there are a number of critical changes to be aware of.

Changes can generally be grouped as follows:

· Existing policy – purpose/intent unchanged, wording updated in line with best planning practice.

· Amended policy – additional matters added to policy or wording updated to ensure consistency with RPS direction or to reflect required changes identified through policy review or technical workstreams.

· New policy – additional provisions added to capture RPS requirements, address matters identified through consultation, technical workstreams or RMA S.35 policy review processes.

More substantive changes – which were presented and discussed at the 6 August 2024 S&P Committee workshop - include:

· Amendments to guiding policy for Geothermal management groups (Policy 1) to incorporate existing RPS policy and provide strong additional direction. This will give clear guidance to plan users and decision-makers for activities.

· Inclusion of a new rule for protection of Significant Geothermal Features.

· Inclusion of new policy on the use of bonds.

· Adopting an integrated approach for Group 5 low temperature systems geothermal and freshwater policies and rules (managing geothermal via freshwater provisions).

· The integration of the Rotorua Geothermal Regional Plan provisions into the RNRP

· Provisions specific to the Rotorua Geothermal System (reflecting the Rotorua SMP direction).

o The inclusion of allocation limits

o Identification of values-based allocation priorities

o Establishment of sensitive management areas.

A high-level overview of the PC11 geothermal chapter with summary explanation of objectives, policies and rules is attached (Attachment 2).

A full evaluation of PC11 objectives policies and rules in accordance with the requirements of section 32 of the RMA is underway and will be released as part of the formal process to notify a Proposed Plan under Schedule 1 of the RMA for public submissions in 2025.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

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.

Geothermal is a renewable source of energy and is specifically provided for in the National Policy Statement for Renewable Energy Generation 2011 (NPS REG). The implications of the NPS REG and the possible impacts of climate change on the geothermal resource itself have been considered in the policy direction developed for PC11.

3.3 Implications for Māori

Māori have outstanding claims regarding their rights and interests in use development and protection of the geothermal resource. But this matter can only be progressed by recommendations of the Waitangi Tribunal (e.g., Wai 2358) and a subsequent change in law, including through settlements which are a matter between iwi and the Crown. In the meantime, Council must continue to act lawfully in carrying out its geothermal functions under the Resource Management Act 1991 (RMA).

Plan change 11 has important implications for Māori, both as iwi, developers of the geothermal resource and as kaitiaki. They have expressed the need for meaningful change as a result of the plan change process, especially for the Rotorua System. As landowners of Conditional 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 and iwi authorities, which is already underway in many cases.

Early engagement for PC11 commenced in April 2024, with contact made with iwi, hapū, ahu whenua trusts. While uptake of engagement has been slow, several hui with key parties have now been held. There is a risk that some parties who have yet to take up the offer to meet may feel they have not been adequately involved “pre-draft”. An ongoing invitation to engage will remain in place and staff will continue to make themselves available for any requests to meet. This will provide for further opportunities for these conversations to occur and any concerns to be identified.

Progressing PC11, as per the recommendations will allow this progress to continue, noting that some parties have indicated their preference to be provided with the PC11 Draft as this offers something tangible to consider and respond to.

3.4 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

Early engagement for PC11 commenced in April 2024, with contact made with iwi, hapū, ahu whenua trusts and city and district councils connected to the geothermal systems. This initial engagement was particularly focussed outside of the Rotorua system given the extensive engagement recently undertaken in developing the Rotorua System Management Plan.

Release of the PC11 draft will be the first opportunity for engagement more generally with the wider community. Although a regional plan change, the spatial distribution of the geothermal resource and community of interest for the plan change is likely to be very specific. A tailored approach to communications and engagement has been developed to reflect this and ensure awareness of PC11 reaches the relevant audience whilst also providing for those with a general interest in Council’s activities.

Engagement will be largely in-person (i.e. through workshops and wānanga, as well as presence at existing community events). This will be supported by the online Participate engagement tool, providing an opportunity for the community to feedback digitally, and access key documents and information. Communications will be a mix of targeted and broad approaches, to ensure key audiences are informed, and will use a range of tools (such as print, digital and radio) to achieve this.

3.5 Process for provision and consideration of feedback

Plan Change 11 will be publicly released as a draft via Council’s Participate website the week commencing 14 October and will be open for feedback until 13 December 2024.

Feedback will be received via the Participate portal in written form. Those providing feedback will have the option to support, oppose or recommend changes to any of the PC11 provisions. As this is not a formal RMA Schedule 1 process no public hearings will be held.

Council’s standard process to consider feedback will be followed. Staff will summarise submissions and prepare a staff report. Staff will set out reasons for accepting or rejecting feedback and bring recommended changes back to Committee for consideration February/March 2025. The final report once considered by Committee will be provided to each submitter and released publicly.

Feedback from engagement will continue to inform revisions to the PC11 draft prior to notification of a Proposed Plan under Schedule 1 of the RMA for public submissions mid to late 2025.

3.6 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. Estimated PC11 costs for 2023-2024 were $49,000, primarily for consultant and technical expert fees. The allocated budget, for 2024-2025 is $50,000.

4. Next Steps

Following Committee decisions on this report, final formatting of the PC11 Geothermal Draft (Attachment 1) will be completed. A summary document drawing from the information included in the PC11 overview (Attachment 2) will be prepared to assist with consultation.

The PC11 Draft will be publicly released the week commencing 14 October for a period of eight weeks. Throughout this period, in addition to scheduled engagement, staff will be available to meet with interested parties as required.

Submissions and engagement feedback will be summarised and reported back to Committee for consideration February/March 2025. An update on timeframes to progress with notification of a Proposed Plan will also be provided to committee at this time.

Notification of a Proposed Plan under Schedule 1 of the RMA for public submissions is currently planned for mid to late 2025.

Staff will report back to Committee in early 2025 after the consultation period has closed, feedback has been summarised and a staff recommendations report prepared.

Attachments

Attachment 1 - PC11 Geothermal: Draft for consultation ⇩

Attachment 2 - Overview of Draft PC11 Geothermal provisions with summary explanation ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Georgia Thomson, Planner and Penny Doorman, Programme Leader - Geothermal
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	The purpose of this report is to seek approval for the release of the Draft System Management Plan for the Tauranga Geothermal System

Tauranga Geothermal System Management Plan

Executive Summary

The Draft Tauranga Geothermal System Management Plan (Draft SMP) has been developed to give effect to the Bay of Plenty Regional Policy Statement (RPS). The Draft SMP provides an integrated approach to the management of the Tauranga Geothermal System and ultimately will help inform a change to the geothermal provisions of the Bay of Plenty Region (Plan Change 11). Staff are seeking approval from the Committee to release the Draft SMP for community engagement. Consultation on the Draft SMP will occur in parallel with Plan Change 11 Geothermal so that they can be considered together by the community.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Draft Tauranga Geothermal System Management Plan

2 Approves the release of the Draft Tauranga System Management Plan for community engagement; and

3 Delegates to the General Manager, Strategy and Science the authority to approve any minor changes, including grammatical and formatting, to the Draft Tauranga System Management Plan prior to its release for consultation.

1. Introduction

System management plans are tools for the integrated management of geothermal resources including for Development Systems (e.g. Kawerau) or for systems with multiple users and a high level of take (e.g. Rotorua and Tauranga). Councillors will be familiar with the process of developing the Kawerau and Rotorua SMPs, noting these processes were tailor made for the specific circumstances of each SMP.

Early engagement for the Tauranga SMP commenced in May 2024, with contact made with iwi, hapū, co-governance groups and local councils.

The Draft SMP has been built alongside the review of the management of freshwater to ensure an integrated approach. The Draft SMP has had input from Consents, Compliance, Science and Freshwater Policy to make sure geothermal and freshwater management is aligned.

1.1 Interface with Plan Change 11 Geothermal

Plan Change 11 and the SMP will work together to manage geothermal resources. The SMP is a non-regulatory, whole system approach that sets a pathway through operational guidance for integrated and sustainable management of the Tauranga Geothermal System to support implementation of PC11 (Geothermal) and Freshwater provisions. The Geothermal plan change (PC11) will address geothermal systems across the BOP and will include some provisions around Tauranga but, because geothermal and freshwater takes are from a system of interconnected groundwater aquifers in Tauranga, integration of PC11, Geothermal, Freshwater provisions and the Tauranga SMP is important. Consultation/engagement will occur in parallel so the community, particularly in Western Bay of Plenty and Tauranga, can consider them together.

Key matters in the Draft SMP and draft PC11 (Geothermal) include adopting an integrated approach for Group 5 low temperature geothermal and freshwater and protection of significant geothermal features.

1.2 Legislative Framework

Bay of Plenty Regional Council currently has the responsibility for the sustainable management of geothermal under the Resource Management Act 1991 (RMA). This includes responsibility for the allocation of geothermal water, energy and heat (s.14), and geothermal discharges to land, air and water (s.15) through regional plans and resource consents, and the review of the effectiveness of the management approach adopted in achieving sustainable management.

Council must also recognise and provide for the relationship of Māori, their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga (s.6 (e)), have regard to kaitiakitanga (s.7 (a)) and take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) (s.8).

These functions and responsibilities (s.30) are given effect to through the Bay of Plenty Regional Policy Statement (RPS), which sets out the overall framework for managing geothermal. It outlines the overall management purpose for the Tauranga System as a Low Temperature System, which provides for use, where the adverse effects of activities can be avoided, remedied or mitigated, including management of discharges. The RPS also lays out requirements for SMPs.

The Bay of Plenty Regional Natural Resources Plan includes policies and rules under which resource consents are granted.

1.3 Alignment with Strategic Framework

A Healthy Environment	We manage our natural resources effectively through regulation, education and action.
Freshwater for Life	Good decision making is supported through improving knowledge of our water resources.
The Way We Work	We look to partnerships for best outcomes.

The purpose of the SMP is to achieve integrated and sustainable management of the Tauranga Geothermal System. The SMP provides operational guidance to improve the way we manage the system. At the core of the Draft SMP is the integrated management of the interconnected groundwater and geothermal resource.

1.3.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

High - Positive

¨ Cultural

Medium - Positive

¨ Social

Low - Positive

¨ Economic

Medium - Positive

The Tauranga Geothermal System is used for both its water values and for heat values. These uses make an important contribution to the social and economic wellbeing, and the draft SMP seeks to enable these uses where they are sustainable.

2. Background

2.1 Tauranga Geothermal System

Unlike high-temperature systems, such as Rotorua, the Tauranga Geothermal System is a low-temperature geothermal system, with temperature ranging from 30 °C to 70 °C (water over 30 °C is considered geothermal water under the RMA).

The Tauranga Geothermal System originates from the now extinct Coromandel Volcanic Zone (CVZ), active between 18 and 2 million years ago. This zone is part of a larger volcanic arc mostly submerged offshore. Due to tectonic changes, volcanic activity shifted 2 million years ago to the now-active Taupō Volcanic Zone (TVZ). While this activity is now extinct, there is still residual heat in the rocks. As groundwater flows through the heated rocks, it gradually heats up or cools down, depending on the residual temperature of the rocks in its pathway. This heat transfer occurs mainly through conduction, likened to warming one's hands with a cup of tea, where heat is transferred through touch. See the Tauranga Geothermal System Science Summary report.

The Tauranga Geothermal System is therefore the warm parts of the groundwater aquifers The interconnected groundwater aquifers result in competing values and demands for use. Some users only want water (e.g. irrigation, frost protection), while others use the heat only (space and water heating), and others want warm water for bathing. All extractive use (regardless of who uses it, or the reasons for use) will have an effect. The Draft SMP provides guidance on managing these effects and competing uses.

2.2 Work done to support the Draft SMP

Work has been progressing on the draft SMP for a number of years, including a review of technical information, current plan provisions, iwi and hapu management plans, and the geothermal reservoir model. An outline of this work will be provided at the Committee meeting.

2.3 The Broad Approach in the Draft SMP

The SMP provides transparency around how we intend to manage the system, the values that are to be protected, and also builds knowledge within our community. Our aim is also to ensure that the SMP reflects the relationship of tāngata whenua with this taonga and lays out how Council will work with tangata whenua in its management.

The Draft SMP points to enabling use of the system provided this is done sustainably. Key issues addressed include:

· Avoiding system wide and local cooling.

· Avoiding over allocation of the groundwater resource.

· Managing discharges, including reinjection and discharges to surface water.

· Protecting significant surface springs

· Maintaining heat especially in areas where heat is highly valued.

A key function of the SMP is to articulate the interaction between the geothermal resource and groundwater management.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this project.

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. However, the opportunity for use of the Tauranga Geothermal System as a renewable source of energy is noted.

3.3 Implications for Māori

Early engagement for the Tauranga SMP commenced in May 2024, with contact made with iwi, hapū, co-governance groups connected to the Tauranga Geothermal System. While the uptake of engagement has been slow to date, several key parties have been identified and further work is being done to engage. There is a risk that some parties who have yet to take up the offer to meet may feel they have not been adequately involved “pre-draft”. An ongoing invitation to engage will remain in place and staff will continue to make themselves available for any requests to meet and to share information.

For tangata whenua, iwi and hapū, resource planning documents recognised by an Iwi Authority and lodged with Council signal interests to be considered in Council decision-making. Under the RMA (s.66(2A)) Council must take into account these plans.

It is acknowledged that there are current outstanding (and potentially new) Treaty claims which are yet to be heard and/or resolved. Any recommendations from the Waitangi Tribunal and/or any legislative change arising from those claims will need to be addressed and implemented at that time, and this System Management Plan may then need to be reviewed. To avoid any doubt, this System Management Plan will not impact on, affect or influence the process or outcome of any Treaty claim.

3.4 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

Following any changes requested by the Strategy and Policy Committee, staff will update the Draft SMP, before releasing it for community engagement in mid-October 2024. As noted above, this will build on the early engagement that has occurred with iwi and hapu, and local councils.

The release of the draft SMP is the first time that consent holders and stakeholders will have a chance to provide input. A Communications and Engagement plan has been developed and includes:

· Media releases.

· Update of BOPRC website.

· Participate Page.

· Distribution of the Draft SMP to iwi, hapū and ahu whenua trusts, all consent holders, key stakeholders and interested parties.

· Hui and meetings on request.

· Attendance at relevant Co-Governance or other iwi forums (e.g. Te Maru o Kaituna, Tauranga Moana Advisory Group).

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.

There are no material unbudgeted financial implications and this project fits within existing allocated budget under the Geothermal Programme. Most of the costs associated with the development of the Draft SMP have been staff time, including drafting, engagement, and input from technical staff. Science to support technical input was within allocated budgets for Geothermal Science, which includes State of the Environment Monitoring and reporting. Consultancy expenditure for 2024-25 to complete the SMP is estimated to be less than $40,000 and is budgeted for.

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.

Following the Committee’s approval of the release of the Draft SMP, staff will make any changes requested by the Committee and the document will be finalised with input from document specialists and graphics. The engagement plan will also be finalised to support the release of the Draft SMP in October 2024.

4.1 Feedback and Approval Process

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

· Release for community feedback (October-December 2024)

· Staff consideration of feedback (January – March 2025)

· Staff report summarising feedback and recommendations for amendments to SMP to the Strategy and Policy Committee.

· Committee adoption of amended SMP (May 2025).

· Media release on approval of the SMP.

Note: Staff are unsure of the amount of feedback anticipated and whether the submission content would best be addressed via a hearings process – or through staff engagement/responses. Staff will make an assessment on this towards the end of the submission process and will seek direction from the Committee Chair on this matter.

Attachments

Attachment 1 - Draft Tauranga SMP - working draft PDF- September 2024 ⇩

PDF Creator



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Jane Palmer, Senior Planner Climate Change and Nic Newman, Climate Change Programme Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	Confirm adoption of the Climate Change Action Plan 2024-26

Climate Change Action Plan 2024-26 Adoption

Executive Summary

Following the adoption of the Long Term Plan 2024-2034, the Climate Change Action Plan has been updated to reflect the Long Term Plan deliberation decisions and advice from Audit NZ, with the inclusion of a fifth goal and consequential workstream adjustments. This report outlines the revised Climate Change Action Plan, for Council approval.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Climate Change Action Plan 2024-26 Adoption;

2 Confirms the preferred presentation of the new Goal 5;

3 Approves the revised Climate Change Action Plan 2024-26; and

4 Delegates to the Chief Executive the ability to make minor editorial changes to the Climate Change Action Plan before publication.

1. Introduction

The Climate Change activity co-ordinates and deliver a climate change programme, based on the Council’s Climate Change Action Plan, working within the organisation and externally. This programme delivers on the Council’s climate goals.

The Action Plan sets out the Council’s vision, objectives and goals in relation to our changing climate and the resulting challenges and issues. The Plan outlines the activity’s programme of work over three years and is updated through the Long Term Plan process.

This is the third iteration of Council’s Climate Change Action Plan. The draft Action Plan 2024-26 was included as a Supporting Document to the Long Term Plan 2024-2034 Consultation Document. There were no specific submissions received on the Action Plan.

At the Long Term Plan 2024-2034 Deliberations Council meeting on 28 May 2024, the inclusion of a fifth goal was agreed, alongside confirmation of Council’s spending priorities. Audit NZ provided feedback on the wording around Goal 1 of the Action Plan. The Climate Change Action Plan has been updated to reflect these matters.

1.1 Legislative Framework

New Zealand’s response to climate change at a national level is framed by Central Government’s Climate Change Response (Zero Carbon) Amendment Act 2019, which covers both mitigation (reducing greenhouse gas emissions) and adaptation (building resilience and managing the impacts of climate change). Under this Act, the Government has published its first Emissions Reduction Plan and National Adaptation Plan and is currently consulting on proposals for the second Emissions Reduction Plan, due to be published in December 2024. The Government is also developing an Adaptation Framework which is being informed by a Select Committee inquiry which is due to report in September 2024.

Councils are required to have regard to emissions reduction plans and national adaptation plans when making and amending regional policy statements, regional plans and district plans, under the RMA. Councils may also consider greenhouse gas emissions when consenting discharges to air under the RMA.

1.2 Alignment with Strategic Framework

A healthy environment	We use evidence based decision making – all work is informed by the best available science and mātauranga Māori.
Future ready communities	Communities are aware of and prepared for the impact of natural hazards and climate change.
Connected and enabled communities	Communities are connected through an effective transport system, land use and urban design that improves wellbeing, liveability and environmental outcomes.
Sustainable development	Enable and advocate for climate resilient spatial plans that take a sustainable development approach.
The pursuit of excellence	Supporting Māori and community capacity and capability building to empower proactive relationships

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

2. Updated Climate Change Action Plan

2.1 Background

The Climate Change Action Plan outlines our programme of work over three years in terms of mitigation, adaption, engagement and awareness. The Climate Change Action Plan 2024-26 builds upon on the substantial work and progress we have made in the climate change space. This third iteration of the Action Plan reflects the following:

· Council’s new strategic direction

· The increasing maturity of the Council’s climate change mahi

· The changing legislative environment

· Feedback from the internal audit of the Climate Change Programme

The draft Action Plan was included as a supporting document to the Long Term Plan 2024-2034 Consultation Document. Whilst there were no specific submissions received on the Action Plan, there were a number of changes that eventuated through the Long Term Plan Deliberations and audit process. These are outlined in the next section.

2.2 Key changes

The key changes contained within the revised Action Plan are:

· Inclusion of an additional goal, as adopted at the 28 May 2024 Council meeting:

o Goal 5: Economic Transition: We support land use change innovation and adaptation along with waste and circular economy initiatives.

· Additional clarification around the scope of Goal 1: BOPRC is net zero emissions by 2050, as required by Audit NZ:

o Net zero emissions means that we will balance our organisational emissions (scope 1 and 2) with those removed from the atmosphere through sequestration activities, e.g. planting on Council-owned land.

· Updates to the Climate Change workstreams to reflect Council decisions and spending priorities, as confirmed through the Long Term Plan process.

Also to note that under Goal 1, Scope 3 emissions, such as procurement, capital works, and public transport, are not included in the Net Zero target. We do not plan to purchase offsets for hard to reduce emissions and will focus instead on insetting.

The revised Action Plan is included as an attachment for Council feedback and approval. A ‘track changes’ version of the Action Plan that was adopted for consultation is also attached to provide transparency around where changes have been made.

2.3 Suggested amendment to Goal 5 presentation

At the 28 May 2024 LTP Deliberations meeting, Council agreed the inclusion of an additional goal, which has been included on page 5 of the attached Action Plan:

However, in order to be consistent with the presentation of the other four Action Plan goals, an alternative presentation is to have the over-arching goal as “Economic Transition”, with the additional text provided as a bullet point to clarify what is covered by this goal:

Council are asked to confirm their preferred presentation of Goal 5 for inclusion in the final Climate Change Action Plan 2024-26.

3. Considerations

3.1 Risks and Mitigations

There is increasing focus and community expectation around climate change and the need to build preparedness and resilience. There are also financial risks associated with lack of action on climate change. Investment in both mitigation and adaptation measures early will avoid more significant costs at a later date, when issues are likely to become more severe.

The Climate Change Activity in the Long Term Plan signals the Council’s ongoing commitment to addressing climate change through specific actions, which will be delivered through the Climate Change Action Plan and Programme.

3.2 Climate Change

Mitigation			Adaptation
Reduce GHG emissions	Produce GHG emissions	Sequester carbon	Anticipate climate change impacts	Respond to climate change impacts
☒	☐	☒	☒	☐

The Climate Change Action Plan outlines Council’s response to climate change in terms of actions around both mitigation and adaptation.

3.3 Implications for Māori

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

Crtl + click for Guideline material.

Climate change is of interest to Māori as it is to the whole community. Māori have particular interests around the impacts of climate change on land and land use – and in climate change adaptation where coastal areas are subject to sea level rise and weather event erosion. Climate change is beginning to be identified specifically in iwi management plans with the inclusion of natural hazards as a key topic.

The Action Plan includes specific actions relating to Māori, where Council can support Māori. Building upon Council’s new Community Outcome, Te Ara Poutama – The pursuit of excellence and establishment of a new Māori Initiatives Fund, there are opportunities to support Māori capacity and capability in understanding and responding to the challenges of climate change.

3.4 Community Engagement

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

Consider identifying in the report:

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

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

Engagement with the community is not required for this decision.

Engagement with the community on the proposed climate change initiatives was undertaken through the Long Term Plan 2024-2034 consultation process, which was considered by Council through deliberations in May 2024. The revised Action Plan reflects this engagement and Council decisions, therefore no further engagement is proposed at this point in time

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.

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.

· Following Council approval of the revised Climate Change Action Plan 2024-26, it will be published on the Bay of Plenty Regional Council website.

· Progress on the Action Plan initiatives will continue to be reported to the Monitoring and Operation Committee.

Attachments

Attachment 1 - FINAL Climate Change Action Plan 2024-26 ⇩

Attachment 2 - Post LTP CCAP 2024-26 summary comments ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Dean Howie, Programme Manager - Regional Economic Development and Reece Irving, Senior Regulatory Project Officer
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To seek endorsement of a Central North Island (CNI) waste strategy approach, and approval to direct funding allocated for development of a regional waste strategy to the CNI strategy.

Regional Waste Strategy - endorsement of cross-regional approach

Executive Summary

Regional Council has the opportunity to join a collective cross-regional approach to developing a waste strategy, led by Waikato Regional Council. Waikato Regional Council (WRC), on behalf of the Central North Island Waste Liaison Group (CNIWLG) which covers Waikato, Bay of Plenty, Taranaki and Ruapehu and Gisborne Districts, is seeking co-funding from central government through the Waste Minimisation Fund (WMF) for a CNI Waste Strategy.

The benefits of a cross-regional approach are access to dedicated resource to lead strategy development, the ability to leverage the funding approved in LTP 2024-2034 for greater impact, and potential co-funding from the Ministry for the Environment (MfE). An expression of interest to the WMF was approved by MfE and the CNIWLG have been invited to submit a detailed proposal.

A CNI Waste Strategy would supersede a Bay of Plenty regional waste strategy. A Bay of Plenty region-specific action plan will be developed following completion of the CNI strategy.

Five of the six Bay of Plenty Territorial Authorities (TAs) have expressed support for joining a CNI Waste Strategy.

Staff recommend Council endorse the cross-regional approach and partner with Waikato Regional Council and others to develop a CNI Waste Strategy, and re-direct the funding allocated for development of a Bay of Plenty regional waste strategy towards the same.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Regional Waste Strategy - endorsement of cross-regional approach;

2 Endorses the preferred option to progress a Central North Island waste strategy, in partnership with Waikato Regional Council and others;

3 Notes that staff will explore development of a cross-regional waste strategy with Waikato Regional Council and other council partners should central government co-funding not be secured for a Central North Island strategy;

4 Approves that funding allocated through Long Term Plan 2024-2034 for development of a Bay of Plenty regional waste strategy be redirected towards development of a Central North Island (or cross-regional) waste strategy; and

5 Approves that funding allocated through Long Term Plan 2024-2034 for implementation of a Bay of Plenty regional waste strategy be redirected towards implementation of a Bay of Plenty action plan resulting from the completed Central North Island (or cross-regional) waste strategy.

1. Introduction

Through consultation on the Long Term Plan 2024-2034 (LTP), four territorial authorities (TAs) within the region requested that Regional Council take a lead role in waste management initiatives and allocate funding for a refresh the Bay of Plenty Waste and Resource Efficiency Strategy 2013 – 2023 and a dedicated resource to undertake a coordination role.

Council allocated funding of $50,000 per annum over the 10 years of the LTP for strategy development and implementation, and agreed to establish a two-year fixed term role to coordinate delivery and implementation of the refreshed strategy, contingent on:

a) TAs collectively contributing $150k of the estimated $200k total cost to refresh the regional waste strategy in year one, and committing funding for implementation over the lifespan of the strategy.

b) Full cost recovery from external funding for the fixed term role.

More recently the Central North Island Waste Liaison Group (CNIWLG) proposed that a uniform Waste Strategy be developed to cover the central North Island. This project would be led by Waikato Regional Council, with support from BOPRC and TAs in the CNIWLG area.

1.1 Alignment with Strategic Framework

Future ready communities

We will empower communities to make sustainable choices and transition towards a low emissions economy.

Sustainable development

We support development and growth that takes into account the four wellbeings of people and communities, the need to maintain and enhance the quality of the environment, and the reasonably foreseeable needs of future generations.

Regional infrastructure is resilient, efficient and integrated.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

¨ Cultural

¨ Social

þ Economic

Low - Positive

2. Waste strategy options

There are three options for Council to consider:

· Option 1 Central North Island Waste Strategy (preferred)

· Option 2 Cross Regional Waste Strategy

· Option 3 Bay of Plenty Regional Waste Strategy

BOPRC’s funding commitment for all three options remains as per the LTP budget allocation.

2.1.1 Option 1. Central North Island Waste Strategy (preferred)

A Central North Island (CNI) waste strategy would link individual TA action plans and Waste Management and Minimisation Plans, and provide the foundation for coordinated infrastructure development to enable a more circular economy. A Bay of Plenty regional action plan will be developed on completion of the CNI strategy.

The majority of respondents to a survey of CNIWLG members indicated they would provide a letter of support to advance the MfE funding application. Of the five Bay of Plenty TAs that responded, all support the proposed CNI Waste Strategy. Notably, the four TAs which submitted on BOPRC’s LTP requesting support for a regional waste strategy are supportive of the CNI approach.

Waikato Regional Council have confirmed internal support for the project, in kind project management contribution and financial commitment ($150,000 total over three financial years). WRC are currently working on the WMF application, business case and project plan, which is designed to allow for councils to join as they are able.

The MfE funding application is due by Monday 16 September 2024.

Current BOPRC position

Staff have written to WRC offering in principle support for the CNI approach, pending a decision of Council to confirm support and financial commitment.

2.1.2 Option 2. Cross-regional waste strategy

Waikato Regional Council are supportive of exploring a cross-regional waste strategy with BOPRC should the WMF application be unsuccessful. The existing funding commitments of both regional councils is sufficient to deliver a cross-regional strategy, albeit with revisions to the proposed scope of the CNI strategy to reflect the lower overall funding commitment.

For the avoidance of doubt, the cross-regional option would be explored prior to reverting to a BOP regional waste strategy approach.

2.1.3 Option 3. Bay of Plenty Regional Waste Strategy

A refresh of the Bay of Plenty Waste and Resource Efficiency Strategy 2013 – 2023, led by BOPRC. Resource and funding commitments of the region’s TAs yet to be confirmed.

2.1.4 Options – Benefits and Limitations

Option 1 Central North Island / Option 2 Cross-regional	Option 3 Bay of Plenty region
Addresses collective issues across regional boundaries	Addresses BOP-specific issues
Covers TAs and Regional Councils across the central North Island region	Covers BOP TAs only
Potential co-funding from central government, with WRC supporting the Waste Minimisation Fund application	No central government co-funding
Wider number of possible funding partners, WRC funding committed	Limited number of possible funding partners -BOPRC and BOP TAs
Access to resource, dedicated resource already in place (WRC)	Requires greater resource commitment from BOPRC and BOP TAs
Supported by majority of BOP TAs and wider CNIWLG membership	Dependent on buy-in from all BOP TAs
Projects shared across regional borders, cross-regional impact	More localised / regional projects and impact
Alignment across regions to create solutions with broader impact	Solutions may not be aligned with broader issues
More contributors, possibly slower decision making	Fewer contributors, arguably faster decision making

3. Considerations

3.1 Risks and Mitigations

Co-funding: Securing co-funding from MfE is critical to progressing the proposed CNI waste strategy. Should the funding application be rejected, staff will explore a cross-regional waste strategy with WRC and other council partners interested in working collaboratively and pooling resources for greater impact.

Resource constraints: The Senior Regulatory Project Officer is no longer able to support waste minimisation initiatives within core functions. Progressing the CNI (or cross-regional or BOP regional) waste strategy and BOPRC’s role in the CNIWLG will sit solely with the Programme Manager – Regional Economic Development.

Waikato Regional Council has two full-time equivalent roles dedicated to waste minimisation, WRC’s commitment of in-kind project management support to develop the CNI strategy is invaluable.

BOPRC’s resource constraints will slow development of a Bay of Plenty regional waste strategy, should Council decide to continue with that option instead of a CNI or cross-regional approach.

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

It is expected that development of the Central North Island (or cross-regional) waste strategy will involve input from Māori, pending their expressions of interest to be involved in this project. In preparation, Waikato Regional Council has identified and begun kōrero with 40+ iwi and hapū groups across multiple rohe.

3.4 Community Engagement

Engagement with the community is not required as the recommended proposal / decision relates to internal Council matters only.

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.

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

Council approved total rates-funded budget of $50k per annum in LTP 2024-2034, being $50k in year one for BOPRC contribution to refresh the Bay of Plenty Waste and Resource Efficiency Strategy and $50k per annum for years 2 – 10 to support implementation of the refreshed waste strategy.

Staff request BOPRC’s contribution for development of the CNI (or cross-regional) strategy be $50k per annum across years 1 and 2 of the LTP, to align more closely with WRC’s funding commitment, with implementation funding across years 3-10.

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.

Pending the direction provided by Council:

1. Staff will draft a letter of support for the CNI waste strategy, to support Waikato Regional Council’s application to the Waste Minimisation Fund on behalf of CNIWLG members. The letter will confirm BOPRC’s funding commitment ($50,000 per annum for years 1 and 2 of the LTP).

2. Staff will inform Waikato Regional Council that BOPRC are not supportive of a CNI or cross-regional approach, and report back to Bay of Plenty TAs that BOPRC will facilitate development of a refresh of the BOP regional waste strategy, and set up a meeting of interested parties to progress the same.

Staff will report periodically on progress with the development of the Central North Island (or Bay of Plenty) waste strategy, with a formal update to Strategy & Policy Committee on Tuesday 10 December.



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Adam Fort, Principal Advisor - Strategic Planning
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To approve the Terms of Reference for the Eastern Bay of Plenty Spatial Plan Project Governance Group and next steps for engagement

Eastern Bay of Plenty Spatial Plan - Governance and Engagement

Executive Summary

As discussed at the recent 6 August 2024 Strategy and Policy Committee Workshop, the Eastern Bay Spatial Plan project is on a tight timeline to develop a final plan by mid-2025. This paper provides a brief update on the structure of the project and confirms the next steps. There is a need to gain momentum and make decisions to progress this project, hence the amended approach and governance structure, which has been simplified.

A Project Governance Group (PGG) was established in 2023 with a BOPRC representative - Councillor Campbell and Alternate Councillor Iti (BOPRC decision 4 May 2023). The Terms of Reference of the PGG have been amended following a review of efficiency led by the Project Leadership Group (Chief Executives) and are attached as Attachment 1 for Strategy and Policy Committee approval. The PGG will take a more active role to deliver key milestones through the upcoming engagement process whilst maintaining appropriate multi-partner governance oversight.

The main consultation period is scheduled for 14 October to 17 November 2024, led by the three territorial authorities with a wide range of opportunities for the community to give feedback on the settlement patterns, as well as long-term aspirations. 

Note that a similar paper and recommendations are also being considered by the three territorial authorities through workshops/meetings in September-October 2024.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Eastern Bay of Plenty Spatial Plan - Governance and Engagement;

2 Approves the updated terms of reference for the Eastern Bay of Plenty Spatial Plan Project Governance Group;

3 Notes the proposed timeline for the Eastern Bay of Penty Spatial Plan project and the approach to engagement; and

4 Delegates to the General Manager, Strategy and Science to approve subsequent minor editorial changes to the terms of reference for the Eastern Bay of Plenty Spatial Plan Project Governance Group.

1. Introduction

Once complete, the Eastern Bay of Plenty Spatial Plan will guide future planning and investment decisions for councils, iwi partners and government. The governance and structure for the project were discussed and agreed at the meeting of the Regional Council on 4 May 2023, including nomination of a member and alternate for the Project Governance Group (PGG).

The purpose of this paper to the Strategy and Policy Committee is to follow up on the recent 6 August Workshop item and reconfirm the governance arrangements. The PGG will make the key decisions on the project for the next 12 months through to recommendations for approval of a final Spatial Plan and a draft framework for implementation. The PGG will complete this work in accordance with its terms of reference and report back to the four local authorities prior to the elections in October 2025.

Note that a similar report will be considered at meetings of each of our three eastern Bay territorial authorities Kawerau DC, Whakatāne DC, and Ōpōtiki DC.

1.1 Legislative Framework

The National Policy Statement on Urban Development 2020 (NPS-UD) requires all tier 1, 2 and 3 local authorities to provide sufficient development capacity to meet expected demand for housing and business in the short (1-3 years), medium (3-10 years) and long (11-30 years) term. The Eastern Bay of Plenty covers the geographic area of three district councils in the Bay of Plenty: Kawerau, Whakatāne and Ōpōtiki. Whakatāne urban environment is a tier 3 area, and other areas in the eastern Bay may also meet this definition. Under the NPS-UD, the joint preparation of the Spatial Plan is a voluntary activity for these areas.

The Eastern Bay Spatial Plan is non-statutory however it will inform subsequent plan changes/reviews to Resource Management Act 1991 (RMA) documents that will follow a statutory process under the RMA. It will also be implemented through long-term plans and infrastructure strategies undertaken under the Local Government Act 2002 (LGA) by the four partner councils in the project in the future.

The approved Spatial Plan will perform a similar function to the Future Development Strategies that have been adopted for the Rotorua and Tauranga urban environments pursuant to the NPS-UD. The project team will remain cognisant of any relevant amendments to the NPS-UD and the RMA as part of the government’s ‘Going for Housing Growth’ work programme.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities	We provide systems and information to increase understanding of natural hazard risks and climate change impacts.
A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.
The Way We Work	We look to partnerships for best outcomes.

The Eastern Bay of Plenty Spatial Plan is a key project under our Regional Planning and Development group of activities in our new LTP 2024-24. It is a collaborative project that contributes to our community outcomes.

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

Working in partnership on the Eastern Bay Spatial Plan at a technical and governance level will contribute to all four well-beings.

2. Purpose and scope of the Project Governance Group

The purpose of the PGG is to provide political and strategic leadership into the development of the Eastern Bay of Plenty Spatial Plan and planning for its implementation. The full description of the purpose, responsibilities, powers and membership of the group are described in the draft terms of reference attached as Attachment 1 to his report. BOPRC appointed its member in May 2023, being Cr Campbell, with Cr Iti as alternate.

Note the structure for the next phases of the project has been changed to be more efficient and effective. The main change includes removing the Project Leadership Group (PLG) - a group of Chief Executives from councils and iwi as well as Central Government advisors. The PLG was a group layered between the PGG and the Project Control Group. By removing this additional governance layer, the project intends to speed up decision-making by giving the Project Control Group more authority and further elevating the role of the PGG with a clearer mandate and more direct influence on the project. The PGG quorum will also be reduced to a minimum to reflect the competing demands on project partners’ time.

The attached terms of reference will be endorsed in due course by the PGG following approval by the four councils, and the project plan will be amended by the project team. Note the new structure for the next phases of the project is as follows:

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this agenda item and its recommendations. The Project Control Group maintains an up-to-date register of key risks and mitigations, including risks relating to achieving the project deliverables within the timeline, meeting partner expectations, resourcing, and capacity and capability of iwi and hapū to engage in a meaningful way. Decisions on the content of the Eastern Bay Spatial Plan are not within the scope of this paper. Existing membership of the Project Governance Group will give BOPRC elected members influence over decisions regarding that content.

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. The implications of climate change from both mitigation and adaptation perspectives will be integral to the evaluation of scenarios for managing growth and development in the eastern Bay, however the details and merits of options are outside the scope of this paper.

3.3 Implications for Māori

This paper is procedural in nature, however it is critical that there is tāngata whenua representation on the PGG and opportunities for input into the draft spatial plan. This has been addressed through the targeted engagement to date which is ongoing, and the membership of the governance group. Iwi authorities are participating in the project at the pace and in ways that fit their capacity and interests.

3.4 Community Engagement

CONSULT

Whakauiuia

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

Under their terms of reference, the PGG will make key decisions regarding consultation on the Eastern Bay Spatial Plan. Consultation will be carried out in accordance with the general approach that was presented to the Strategy and Policy Committee Workshop on 6 August.

Note that it is not proposed to use a Special Consultative Procedure pursuant to section 83 of the LGA (as it not required in this instance), however the engagement plan will meet the intent of the overall requirements of Part 6 of the LGA in proportion to the scale and significance of the non-statutory spatial plan.

Public consultation on the scenarios, options and proposals will take place from 14 October to 17 November, and include various opportunities to receive feedback from people across the sub-region, using:

· Media advertising

· Online materials including a website, Story Map, survey questions and a range of engagement techniques such as Social Pinpoint

· Public information sessions and face to face workshops with stakeholders and interest groups as required.

Any district plan changes or other council processes/actions carried out as part of the subsequent implementation of the approved spatial plan will follow the required engagement processes under the relevant legislation at the time such as the RMA 1991.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget for supporting the Eastern Bay Spatial Plan project under the Council’s LTP 2024-34. Council is providing in-kind technical support and direct project funding of $200,000 in 2024-25.

Note in the terms of reference that the recommendations made by the PGG, such as specific implementation actions, are not binding on any partner council or agency.

4. Next Steps

The PGG Terms of Reference will be approved by each territorial authority in the coming weeks, before being endorsed by the PGG, alongside the Communications and Engagement Plan.

Staff at BOPRC will support the first round of public consultation that will be led by the three district councils and is scheduled to run from 14 October – 17 November 2024. There will be ample opportunity in a subsequent series of workshops with all four councils in March-April 2025 to work through any concerns raised by elected members prior to the draft final version of the plan being released for publicly for a final brief opportunity for feedback. The Plan will then be recommended back to the partner councils for approval via the PGG, expected in mid-2025.

The approximate timing for next steps for the project are:

Attachments

Attachment 1 - EBOP Spatial Plan Project Governance Group - Draft Terms of Reference ⇩



Report To:	Strategy and Policy Committee
Meeting Date:	17 September 2024
Report Writer:	Arsalan Karim, Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To seek adoption of the proposed BOPRC Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024 as recommended by the Hearings Subcommittee

Hearings Subcommittee recommendations on submissions on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams Policy 2024

Executive Summary

The culmination of the process to develop a proposed policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams, was deliberations held on 14 August 2024 by the Hearings Subcommittee.

The Hearings Subcommittee made one major and two minor amendments to the proposed policy. These amendments are outlined in section 2. The final proposed policy is included as Attachment 1.

The Hearings Subcommittee resolved to recommend that the Strategy and Policy Committee adopts the final ‘Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024’ subsequently also replacing the existing ‘Dangerous Dams Policy 2006’ for the Bay of Plenty region.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Hearings subcommittee recommendations on submissions on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams Policy 2024;

2 Confirms the minutes of the Dams Policy Hearings Subcommittee of 14 August as a true and correct record (Attachment 2);

3 Adopts the proposed ‘Bay of Plenty Regional Council Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024’;

4 Notes once adopted the ‘Bay of Plenty Regional Council Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024’ will replace the existing Dangerous Dams Policy 2006, which no longer meets legislative requirements;

5 Delegates to the General Manager, Strategy and Science the authority to approve any minor changes, including grammatical and formatting, to the Policy on Dangerous Dams, Earthquake-Prone Dams and Flood prone Dams 2024; and

6 Notes the ‘Bay of Plenty Regional Council Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024’ will become operative on Friday 27 September 2024.

1. Introduction

Section 161 of the Building Act 2004 (Building Act) requires regional council to adopt a policy on dangerous, earthquake-prone dams and flood-prone dams. Council adopted the existing operative ‘Dangerous Dams Policy 2006’ in February 2007.

Central Government adopted the Building (Dam Safety) Regulations 2022 (Regulations) which came into effect in May 2024. The regulations introduced updated measures and procedures to identify, manage and respond to dams that are deemed dangerous, earthquake-prone and flood-prone; leading to the review of the Dangerous Dams Policy 2006 to comply with the regulations.

The draft ‘Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024’was approved for public consultation by the Strategy and Policy (S&P) Committee on 25 June 2024. The S&P Committee also approved the statement of proposal for public consultation in accordance with the special consultative procedure as stated in Part 6 of the Local Government Act 2002 (LGA). Please see ‘Agenda Item 7.3’ in reference ‘A’ below to understand the process adopted for the policy review and the statement of proposal approved by S&P Committee for public consultation.

The S&P committee established the Hearings Subcommittee to lead the special consultative procedure, including hearing submitters and deliberating for the purpose to make recommendations to the S&P Committee.

The Hearings Subcommittee consisting of Councillor Jane Nees, Councillor Stuart Crosby, Councillor Kat Macmillan and Councillor Ron Scott were appointed. Councillor Scott was elected as Chair and Councillor Macmillan the Deputy Chair. The minutes of the S&P Committee meeting on 25^th June 2024 are included in reference ‘B’ below.

Public consultation on the proposed draft policy opened on 26th June 2024 and ended on 29th July 2024.

Following consultation, staff prepared recommendations based on the submissions for the Hearings Subcommittee to deliberate on. Since no submitters wished to be heard, the Hearings Subcommittee held deliberations on 14 August 2024. One major and 2 minor changes to the policy were made as a result of the deliberations. To review the consultation process including submissions and staff recommendations submitted to the Hearings Subcommittee, please see reference ‘C’ below.

The final proposed policy to be adopted (incorporating all the changes recommended by the Hearings Subcommittee) is included as Attachment 1. The minutes of the Dams Policy Hearings Subcommittee of 14 August are included as Attachment 2 to be adopted on behalf of the Subcommittee.

1.1 Legislative Framework

The policy review to replace the existing policy ‘Dangerous Dams 2006’ with the draft ‘Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024’ is in accordance with the section 162(2) of the Building Act through the special consultative procedure determined in section 83 of the LGA which requires public consultation.

The Building Act defines dangerous dam, earthquake-prone dam and flood-prone dam. According to section 153 and 153A of the Building Act:

A dangerous dam is defined as a high potential or medium potential impact dam, and is likely to fail:

a) In the ordinary course of events; or

b) In a moderate earthquake (as defined in the regulations); or

c) In a moderate flood (as defined in the regulations).

A dam is an earthquake-prone dam for the purposes of the Act if the dam:

a) Is a high potential impact dam or a medium potential impact dam; and

b) Is likely to fail in an earthquake threshold event (as defined in the regulations).

A dam is a flood-prone dam for the purposes of the Act if the dam –

a) Is a high potential impact dam or a medium potential impact dam; and

b) Is likely to fail in a flood threshold event (as defined in the regulations)

The proposed policy applies to all classifiable dams. Under section 5 of the regulations, a dam is classifiable if it is 4m or higher in height and stores 20,000m³ or more volume of water or any fluid. Any future change to the meaning of the classifiable dam in the regulations shall apply to the policy without any need to review.

Dam owners are required to determine if their dam is classifiable and assign a certain potential impact classification to their classifiable dam according to section 8 of the regulations i.e. low, medium and high potential impact.

Owners of dams with medium and high potential impact are required to develop / update their dam safety assurance program according to the measures provided by section 10 to 18 of the regulations. These owners also need to engage recognised engineers to certify their dam’s potential impact classification and dam safety assurance program and develop annual dam compliance certificate. All these documents are to be submitted to Council by the dam owner in due time stipulated by the Act and mentioned in the policy.

1.2 Council Role and Responsibility

Council must work with owners of dams that carry medium or high potential impact classification to ensure the dam safety assurance program complies with regulation is in place to reduce the risk of dam failure and threat to the surrounding cultural sites, community facilities, major infrastructure, natural environment and people.

Council is not responsible for classifying a dam, determining or certifying its potential impact classification and preparing, developing, providing and certifying the dam safety assurance program for the dam.

Council is required to only administer the regulation, including establishing a register of classifiable dam and clearly set how it will respond if it is notified of a dangerous, earthquake-prone and flood-prone dam by stating the approach to perform its functions, priorities in performing those functions and how the policy will apply to heritage dams. The new regulation does not significantly change or increase Council’s role – which under the regulation is mostly administrative in nature.

Waikato Regional Council is currently delegated to undertake all dam consenting processes in the Bay of Plenty region and will continue to do so after the commencement of the proposed policy until further notice.

1.3 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We collaborate with others to maintain and improve our water resource for future generations.
Safe and Resilient Communities	We provide systems and information to increase understanding of natural hazard risks and climate change impacts.
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We honour our obligations to Māori.

The proposed policy on Dangerous Dams, Earthquake-Prone Dams and Flood-Prone Dams directly contributes to the community outcomes set forth in the Council’s Long-Term Plan 2018-2028 for safe and resilient communities.

1.3.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

High - Positive

The proposed policy established an updated regulatory framework and procedures to be adopted by dam owners and Council that will reduce dam failure due to earthquake or flood or due to any existing or future structural flaw or damage. According to the regulations, the procedures adopted to determine potential impact classification of classifiable dams help protect the natural environment, community facilities, cultural and heritage sites and major and critical infrastructure from risk of dam failure and thereby having a high-positive impact on the environment, cultural, social and economic aspects of the region.

2. Results of Deliberations

The Building (Dam Safety) Regulations 2022 (Regulations) which came into effect on 13 May 2024 prompted the review of the existing BOPRC policy on Dangerous Dams 2006. The policy review process went through different stages (outlined in reference A, B and C below) leading to a final proposed draft of the policy recommended for adoption included in Attachment 1.

From the engagement process, a total of 2 submissions were received by BOPRC on the draft policy covering 6 submission points. No submitter wished to be heard. A copy of the submissions is included in reference ‘C’ in section 5 below. Both the submissions were supportive of the proposed draft policy

In response to the submissions received, staff recommended one change to the proposed draft of the policy. This was to replace the proposed priority matrix with a risk-based priority matrix. The Hearings Subcommittee endorsed the staff recommendation.

The Hearings Subcommittee also supported staff recommendation that the policy should commence/become operational in the Bay of Plenty Region on 27 September 2024.

Staff also sought approval to make changes to the policy to correct minor mistakes or grammar without changing the intent of the policy. The approval was granted by the Hearings Subcommittee. A number of minor changes were made on this basis, including matters noted by the Hearings Subcommittee.

3. Considerations

3.1 Risks and Mitigations

No dangerous dams have been identified in the Bay of Plenty Region. Legal due diligence was ensured by sharing the proposed policy, submissions, and staff recommendations on each submission point with the BOPRC legal team to gather their feedback based on the regulations and the Act. This ensured that the proposed policy and staff recommendations of the submission are consistent with any articles or sections of the Act and the regulations. There are no other significant risks associated with the recommendations on the proposed policy on dangerous dams, earthquake-prone and flood-prone dams.

3.2 Climate Change

This decision is sensitive to climate change since increased torrential rainfall due to climate change may transform into flash floods leading to the dam’s reservoir experiencing moderate flood. A moderate flood, according to the regulations, means that water or other fluid flows into the reservoir formed by dam at a flow rate with an AEP of 1 in 100 (for high PIC dams) or 1 in 50 (for medium PIC dams). This definition is mandatory to be considered while determining the Potential Impact Classification of a classifiable dangerous or flood-prone dam. Therefore, climate change impact in the context of increased rainfall is considered in the proposed policy. This decision will have no impact on the ability of the Council or region to proactively respond to the impacts of climate change now or in the future.

3.3 Implications for Māori

The Dangerous Dams Regulations (which drive this policy) are designed to enhance community safety. The policy process is required to proceed through a prescribed technical process about the assessment of and responding to risk. There is an existing policy, and this process is making technical amendments only. Because this update is being required by Regulation, there is limited ability to influence the nature of the draft policy. Consultation efforts have been limited as a result.

General communication/consultation on the draft policy was also done with subscribers of BOPRC policies and plans as well as through media release and public notice in newspapers. Engagement of iwi/hapu was not undertaken due to the nature of the draft policy and what impacts implementation will have. If dams are owned by tangata whenua they would have been consulted as all dam owners were contacted via Council’s consented dam’s database or the database of industry associations.

It is important to note however that where any dam is identified as being dangerous, and as a result the community is subsequently engaged in discussions, then engagement with tangata whenua will be a key element of this.

3.4 Community Engagement

CONSULT

Whakauiuia

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

The proposed policy has undergone community engagement at various steps of its planning through to implementation. In doing so Council:

- Adopted the special consultative procedure to consult the community and dam owners.

- Accepted submissions from key stakeholders and provided them opportunity to be heard during hearings on submissions; and

- Gave due consideration to submissions including recording hearings.

Please see reference ‘C’ in section 5 below to review the summary of submissions and the actual submissions.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. This replacement policy does not materially increase implementation resources from the current position.

4. Next Steps

If the Committee accepts the recommendations of the Hearings Subcommittee, staff propose the following steps/activities with associated time frames.

	Proposed Activity	Timeframe
1	Staff update BOPRC website, stakeholders, subscribers and public with relevant information, material and adopted final policy. Submitters provided with feedback and final decisions.	18 September to 26 September 2024
2	Commencement of the Policy on Dangerous Dams, Earthquake-prone and Flood-prone Dams 2024.	27 September 2024
3	Next review of the Policy – According to Building Act 2004	28 September 2029

5. References

A. Strategy and Policy Committee Agenda – 25 June 2024

B. Strategy and Policy Committee Minutes – 25 June 2024

C. Dams Policy Hearings Subcommittee Agenda – 14 August 2024

Attachments

Attachment 1 - Final version for adoption – Proposed Bay of Plenty Regional Council Policy on Dangerous Dams, Earthquake-prone Dams and Flood-prone Dams 2024 ⇩

Attachment 2 - Hearings Subcommittee Meeting Minutes - 14 August 2024 ⇩

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

[2] All changes to the RNRP will be drafted so that they are National Planning Standard compliant. While this means there will be two formats in use in the interim, this should not affect usability because the drafting creates new provisions rather than retrofitting existing provisions.

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