Planning & Regulatory Working Party Wednesday 29 January 2020 at 9.00am

 

29 January 2020

Planning & Regulatory Working Party Agenda

 

 

Please note: Working Parties and Working Groups carry NO formal decision-making delegations from council. The purpose of the Working Party/Group is to carry out preparatory work and discussions prior to taking matters to the full council for formal consideration and decision-making.

Working Party/Group meetings are open to the public to attend (unless there are specific grounds
under LGOIMA for the public to be excluded).

 

MEMBERSHIP OF THE Planning and Regulatory Working Party

Cr Joce Yeoman (Chair)

 

 

Item                                                                                                                                                                                   Page

1.0       apologies

NRC Chief Executive  

2.0       declarations of conflicts of interest

3.0       Reports

3.1       Planning and Policy Work Programme                                                                                               3

                         Strategic Policy & Planning Manager and Natural Resources Policy Manager

3.2       Regulatory Services Work Programme

             Group Manager – Regulatory Services

3.3       Update on Regional Plan Appeals                                                                                                        5

             Natural Resources Policy Manager

3.4       Council Water Policy Development                                                                                                   21

             Policy Specialist - Water

3.5       Central Government Initiatives - Overview                                                                                   24   

             Strategic Policy Specialist

   

29 January 2020

 

TITLE:	Planning and Policy Work Programme
ID:	A1279853
From:	Ben Lee, Strategic Policy and Planning Manager and Michael Day, Natural Resources Policy Manager

 

Activity	Detail	When
Coastal occupation charging	Develop regime options for further council direction in time for plan change costs to be incorporated into LTP.	Present regime options and seek council confirmation to proceed (or not) with plan change early 2020
Marine protected areas	Progressing Mimiwhangata proposal with Ngāti Wai.  Explore implications of recent case law on council’s ability to regulate fishing.	TBC
Wetland mapping	Mapping project to clearly define wetlands and provide certainty about where wetland rules apply.  Methodology and technology limitation mean final delivery date is unknown.	TBC
Freshwater quality management plan change	A plan change to set freshwater quality objectives and limits and regulation to ensure the objectives are achieved and limits are met.  Required to give effect to the Freshwater NPS	Notify 2021
Catchment-specific water quantity limits	Possible plan change(s). Catchment-specific limits to replace regional ‘default’ limits for priority water bodies.  Contingent on outcome of technical work in priority catchments.	TBC (if at all)
Proposed Regional Plan appeals	Environment Court process.	Hearings on unresolved matters start April 2020.
District plan changes	The planning team provide feedback and make submissions on changes to district plans.  The main reasons are to ensure the RPS is being given effect and ensure council operations (e.g. flood management) are not unduly regulated.	Ongoing
District council consents (review / commentary)	See explanation for district plan changes.	Ongoing
Treaty settlement process	Supporting Treaty settlements as there are implications for council’s activities.  Currently involved in the Kaipara Moana settlement process.	Ongoing
TOAT Beach Board (90 Mile Beach)	Advice to board and leading / assisting with preparation of beach management plan.	Advice to board – ongoing Beach management plan – complete early 2021
NRC input into national proposals (e.g. proposed NPS for biodiversity)	Lead council input into national proposals (e.g. submissions and sitting on advisory groups).	Ongoing
Regional Plan guidance material	Once the Plan (or parts of) are operative, the planning team will produce guidance material to assist with interpreting / implementing the Plan.	Start mid 2020
Additional sites of significance to tangata whenua – plan change	Possible plan change.  Likely to piggy-back on other water related plan change.	Notify 2021
Mana Whakahono o Rohe (MWR)	Planning team working with TTMAC to develop the joint hapū MWR.  Will also be involved in developing any iwi based MWR	Joint hapū MWR will be presented at the February 2020 council meeting for endorsement
RPS – 5-year review	RMA requires a review of the RPS.	2021

 

 

1.         Planning and Policy team to present an updated work programme to the June 2020 Planning and Regulatory Working Party meeting.

 

Nil

Name:	Jonathan Gibbard
Title:	Group Manager - Strategy, Governance and Engagement
Date:	24 January 2020

 

29 January 2020

 

TITLE:	Update on Regional Plan Appeals
ID:	A1279955
From:	Michael Day, Natural Resources Policy Manager

 

There are 23 appeals (to the Environment Court) against the Council’s decision on the Proposed Regional Plan for Northland (Proposed Plan). 

To date, the parties have participated in 18 days of court-assisted mediation.  The mediation process is managed by the Environment Court and involves all appellants and those registered as interested parties (s274 parties).  This process is aimed at settling appeals out of court and therefore happens before hearings.

The council circulated a memorandum to the Court and all appeal parties on 13 December 2019, which provided a report as to progress following mediation (the memorandum is attached).  Key points include:

Ÿ Approximately 60 % of appeal points (mediated to date) have been resolved.

Ÿ Of the remaining appeal points, approximately 35% are unresolved but resolution is possible.  All these appeal points have clear actions and reporting timelines recorded in the relevant mediation agreements or position papers.

Ÿ The remaining appeal points (mediated to date) require case management to hearing as further mediation is unlikely to result in settlement.

Council received directions from the presiding Judge on 18 December.  Key points were:

Ÿ For appeal points that are resolved, the regional council shall file consent documents with the Court by 28 February 2020.

Ÿ By 28 February 2020, the regional council shall file with the Court and serve on all relevant case parties a report as to progress on appeal points that are unresolved but possibly able to be resolved.  In its report, the Council shall identify the relevant appeals associated with each topic/appeal point.

Ÿ By 31 January 2020, the regional council shall file with the Court and serve on all relevant case parties (after conferring with the case parties) a memorandum addressing the sequence of potential hearings, an estimate of hearing time required and timetabling matters. 

Ÿ The Environment Court shall convene a call-over in Whangārei on 12 March 2020 to address matters arising from the regional council’s memoranda of 31 January 2020 and 28 February 2020. 

Ÿ The appeal points on Genetically Modified Organisms, marine protected areas, the policies in Topic 14 and proposed amendments to the plan structure are to be set down for Court-assisted mediation in 2020.  Notices of Mediation will be issued in due course.

Ÿ The Environment Court shall convene pre-hearing conferences in Whangārei on 16 January 2020 to address: mangroves, air quality and marine protected areas.

Key outputs from the pre-hearing conference for mangroves were:

Ÿ Council to prepare draft consent order and joint memorandum and send to parties – 31 January 2020

Ÿ Draft consent order and joint memorandum to be filed – 28 February 2020

Ÿ Council and appellants to circulate and file evidence in chief – 27 March 2020

Ÿ Council to file its final proposed provisions and electronic case bundle – 1 May 2020

Ÿ Hearing – week starting 11 May 2020

Key outputs from the pre-hearing conference for air quality were:

Ÿ Council to circulate its proposed wording to parties – 31 January 2020

Ÿ Council and section 274 parties to circulate and file evidence in chief – 6 March 2020

Ÿ Council to file electronic case bundle – 3 April 2020

Ÿ Hearing – week starting 20 April 2020

Key outputs from the pre-hearing conference for marine protected areas were:

Ÿ The Judge directed that the Council identify its position by the end of March 2020

 

1.         That the Planning and Regulatory Working Party receive the update and provide verbal feedback.

 

Attachment 1: PRP for Northland - Appeals Progress Update ⇩  

Name:	Jonathan Gibbard
Title:	Group Manager - Strategy, Governance and Engagement
Date:	24 January 2020

 

29 January 2020Attachment 1

 

 

 

 

 

 

 

 

 

 

 

 

29 January 2020

 

TITLE:	Council Water Policy Development
ID:	A1279805
From:	Ben Tait, Policy Specialist - Water

 

Council is working to make one or more changes to its Proposed Regional Plan for Northland:

a)     a 2021 plan change to implement the water quality planning requirements of the National Policy Statement for Freshwater Management 2014 (as amended in 2017); and

b)     a potential change(s) to the plan by including specific, ie. tailored, freshwater quantity limits (minimum flows and/or levels) for several water bodies that are fully allocated and are under reasonably foreseeable significant demand pressures or showing significant adverse effects resulting from current allocations.

The work is being progressed as scheduled with the immediate priority being developing a plan change to implement the water quality planning requirements of the NPS-FM, given Government signalled expectations that plan changes should be expedited.

 

1.         That updates on the water quality and freshwater quantity plan change projects will be provided to the Planning and Regulatory Working Party on a regular basis (ie. as a standing item).

The National Policy Statement for Freshwater Management (first issued in 2011 and amended in 2014 and 2017) directs regional councils on how they are to manage fresh water through their regional policy statements and, primarily, regional plans.  The key purpose of the NPS-FM is to require regional councils to set enforceable limits on freshwater quality and quantity following engagement with communities, including tangata whenua.

Policy E1 of the NPS-FM states that every regional council is to implement the policies of the policy statement as promptly as is reasonable in the circumstances, so that it is fully completed by no later than 31 December 2025.  Where a regional council is satisfied that it is impracticable for it to complete implementation by 31 December 2015, the council may implement it by a programme of defined time-limited stages by which it is to be fully implemented by 31 December 2025 or 31 December 2030 if Policy E1(ba) applies.

The Proposed Regional Plan for Northland was prepared in part to give effect to the freshwater quantity planning requirements of the NPS-FM.  However, it did not contain provisions to give effect to the freshwater quality planning requirements.

Water Quality Plan Change

Northland Regional Council formally adopted and publicly notified a revised progressive implementation programme (PIP) in March 2018 following the gazettal of the amended NPS-FM in August 2017.  The PIP states that Council will notify a plan change in circa 2021 to give effect to the water quality planning requirements of the NPS-FM (Policies A1, A2, A3, A5 and associated policies, eg. AA1, CA1 and CA2).

Council has developed an internal work programme to prepare a plan change.  On Tuesday 18 June 2010, the previous council approved the following timetable for preparing a plan change to give effect to the NPS-FM water quality planning requirements:^[1]

1.      Define freshwater management units (scheduled for May – June 2019, completed^[2]).

2.      Assess and decide on an appropriate modelling tool(s) for:

a.      predicting water quality in the freshwater management units (scheduled October 2019, expected March 2020); and

b.      determining what catchment interventions (and costs) are needed to achieve aspirational freshwater quality objectives (scheduled October 2019, expected June 2020). 

3.      Provide the evidence base to underpin the plan change and any accompanying new non-regulatory initiatives (scheduled for November 2019 – March 2021, remains on-track).

4.      Engage with iwi and hapū, key stakeholders, and the wider community throughout the process.

5.      Draft the plan change and an RMA section 32 evaluation report (scheduled for July 2020 – July 2021, remain on-track).

6.      Notify the Proposed Water Quality Plan Change (by 31 December 2021, remains on-track).

While there has been some slippage in early milestones, it’s recommended that we should continue to drive hard to maintain the longer-term milestones rather than making any adjustments at this stage.

In December 2019, Council contracted NIWA and Land & Water Science Ltd to predict current water quality state in the region’s rivers using statistical relationships between water quality parameters (ie. attributes) and upstream catchment characteristics for the following attributes: total nitrogen, total phosphorus, dissolved inorganic nitrogen, dissolved reactive phosphorus, nitrate, ammonia, total suspended sediment, turbidity, clarity and E.coli.  The information is due late March this year.

Council also contracted NIWA to develop a customised version of the CLUES model^[3] to assess the effects of potential land use management (eg. excluding livestock from rivers, constructing wetlands, and revegetating riparian areas) and land use change options on current water quality state predictions.  The modelling is scheduled to be undertaken in July-August this year.

The modelling is needed to help Council, through discussions with communities, including tangata whenua, and key stakeholders (ie. industry and sector groups, environmental NGOs, and relevant government departments), establish freshwater quality objectives, limits and methods to avoid over-allocation^[4] for the plan change.

It is important to note that Government has stated that it intends to issue a new NPS-FM, National Standards for Freshwater Management, and National Stock Exclusion Regulations. We expect that they will be gazetted in July/August this year.  The new planning instruments may affect Council’s work programme for developing the plan change scheduled for some time in 2021 and the timing of the plan change.  The instruments are not, however, likely to affect Council’s work programme for identifying and assessing alternative freshwater quantity limits for water bodies that are highly allocated or that are highly allocated/or are likely to face significant demand pressures.

Potential Freshwater Quantity Plan Change(s)

On 20 August 2018, the previous council endorsed “initial project milestones and timetable for assessing alternative freshwater quantity limits for fully allocated water bodies identified as:

a)     likely being under reasonably foreseeable significant future demand pressure, or

b)     showing significant adverse effects resulting from current allocation[s].”^[5]

We have identified the following water bodies as priorities because of current and likely future demand pressures:

1.      Aupōuri Aquifer

2.      Russell Aquifer

3.      Ruawai Aquifer

4.      Waitangi River

5.      Otaika River

6.      Ruakaka River

Council’s Natural Resources Monitoring and Science team are determining what research, and associated costs, are needed to identify and assess alternative freshwater quantity limits for the water bodies.

We will provide the Working Party with updates on both projects on a regular basis (ie. as standing items).

 

Nil

Name:	Jonathan Gibbard
Title:	Group Manager - Strategy, Governance and Engagement
Date:	23 January 2020

 

29 January 2020

 

TITLE:	Central Government Initiatives - Overview
ID:	A1278724
From:	Justin Murfitt, Strategic Policy Specialist

 

The Government has released two discussion documents on encouraging renewable energy and settings under the Emissions Trading Scheme.  It has also put a Water Services Regulator Bill to select committee and called for submissions and released a Draft National Policy Statement on Indigenous Biodiversity. 

It is likely council will have an interest in these proposals and feedback from the Working Party is sought prior to drafting submissions for council consideration at the February council meeting.   

 

1.         Staff are to draft submissions on the government proposals for consideration by council at the meeting of 18 February.The draft submissions are to incorporate any feedback from the working

2.         The draft submissions are to incorporate any feedback from the Working Party.

The government is seeking feedback on:

Ÿ Settings under the Emissions Trading Scheme

Ÿ Proposals to accelerate renewable energy generation

Ÿ A Bill to establish a water services regulator

Ÿ A draft NPS on indigenous biodiversity

A brief summary of these proposals is provided below, and staff will be available to provide the Working Party with further detail and answer questions.

ETS Settings

This discussion document sets out proposed changes to settings under the ETS that are designed to help NZ meet its commitments under the Paris Agreement to keep average global temperature increase to 1.5⁰C and to progress towards the 2050 net zero carbon target established in the Climate Change Response / Zero Carbon Act.  Emissions forecasts indicate NZ is likely to miss an interim target for 2030 by around 100Mt CO₂e.  The proposals are designed to address this and include:

Ÿ A provisional 5-year emissions budget to 2025 of 354Mt CO2e (note: this will be superseded by the first official emissions budget following advice from the Climate Change Commission in 2021)

Ÿ Define the number of NZU available for auction annually (estimated at 80m Mt CO2e). 

Ÿ Increase the price of NZU’s from $25 to $35 and introduce a price ‘floor’ of $20.

Ÿ A trigger price of $50 NZU for release of NZU in the cost containment reserve.

These changes are designed to drive progress on emissions reduction and make the transition to low emission alternatives progressively more viable.  While this will mean added cost to business and households, the government estimates this to be moderate in the short-term for households (a carbon price of $50 is estimated to increase household costs by about $3.40/week).

It is also suggested costs to emission intensive businesses are offset by free allocation, and by passing costs on to consumers.  The changes are also likely to incentivise increases in afforestation.  A draft submission has yet to developed but key submission points are summarised below for consideration by the Working Party:

Ÿ Support the proposals on the basis they have been well signalled and are fundamental component of emissions reduction

Ÿ Support for the $35 price cap, as this will ensure emissions pricing does not impose dramatic economic impacts and provide for a just transmission to a low emissions economy

Ÿ Support for a $50 trigger price for release of NZU in the cost containment reserve but note the government should ensure the reserve holds enough NZU to manage the cost of NZU when the price cap is removed / increased

Ÿ That the government considers retaining a price floor of $25 for NZU (as opposed to the proposed $20) to ensure the ETS remains a strong incentive to reduce emissions.

Submissions close 28 February 2020.  The discussion document is available here: https://www.mfe.govt.nz/consultations/nzets-proposed-settings

Accelerating Renewable Energy

The discussion document sets out a range of regulatory and financial measures to encourage renewable energy generation and energy efficiency, again designed to progress towards emission and renewable energy targets and complement ETS settings.  These measures include:

Ÿ Developing markets for bioenergy and geothermal for process heat

Ÿ Phasing out fossil fuels in process heat

Ÿ Increasing investment in energy efficiency and renewable energy generation

Ÿ A potential levy on coal consumers

Ÿ Enabling renewables under the RMA (with potential changes to the NPS for renewable energy generation and possibly a new NES) and facilitating community / small-scale energy generation

Ÿ National grid and network improvements.

The discussion document does not identify preferred options but identifies barriers / issues and potential options to resolve these.  One notable issue identified is the tension between the NPS for Renewable Energy generation and other National Policy Statements that have very directive policies (such as the NZ Coastal Policy Statement 2010), which often mean applications for renewable energy generation fail (eg. landscape or amenity values prevailing over wind turbines). 

A draft submission is attached for consideration by the Working Party.

Submissions close 28 February 2020.  The discussion document is available here: https://www.mbie.govt.nz/dmsdocument/10349-discussion-document-accelerating-renewable-energy-and-energy-efficiency

Water Services Regulator Bill

This Bill establishes a new regulatory body (Taumata Arowai) to oversee, administer and enforce the drinking water regulatory system and sets out the objectives, functions and governance regime.  The Bill establishes a Taumata Arowai Board (of between 5-7 members by Ministerial appointment) and a Māori Advisory Group of 5-7 members (again by ministerial appointment).  One of the key roles of the Māori Advisory Group is to support the Board to interpret and give effect to Te Mana o te Wai. 

The Bill is largely procedural and does include substantive provisions on the management of water services – this will follow in a separate Bill that will implement system wide reform to drinking water and look at improvements to the performance of wastewater and stormwater networks.

A draft submission is attached for consideration by the Working Party.

Submissions close 4 March 2020. A copy of the Bill is available here:
http://www.legislation.govt.nz/bill/government/2019/0202/latest/LMS294345.html#d14438303e2

Draft National Policy Statement for Indigenous Biodiversity (NPS-IB)

The NPS-IB sets out objectives, policies and methods to manage indigenous biodiversity on land.  It does not apply to waterbodies or the coastal marine area on the basis that these areas are covered by other NPS (NPS Freshwater and NZ Coastal Policy Statement).  Key elements include:

Ÿ A hierarchy of significance (high and medium) for indigenous biodiversity (significant natural areas - SNA)

Ÿ A requirement to map these SNA using a suite criteria

Ÿ Policies applying a hierarchy of protection for areas identified as high and medium value SNA and taonga identified by tangata whenua

Ÿ Policies recognising the role of tangata whenua as kaitiaki of indigenous biodiversity

Ÿ A requirement for regional councils to develop biodiversity strategy

Ÿ Policies on the management of adverse effects on SNA and indigenous biodiversity generally, including ‘mobile’ fauna

Ÿ A requirement to provide for restoration of biodiversity.

Ÿ A requirement for regional councils to develop monitoring plans.

Initial assessment suggests the following as key submission points on the NPS-IB:

Ÿ Support for the overall objectives of the NPS-IB

Ÿ The draft NPS-IB is extremely complex and ambitious and likely to impose significant costs on councils and landowners

Ÿ Remove the SNA ranking hierarchy (high and medium)

Ÿ Alignment with other NPS, especially the NZ Coastal Policy Statement 2010, NPS Freshwater, and NPS for Urban Development is very unclear and likely to create significant tension / complexity for landowners and decision makers

Ÿ Much of the content would be better in supporting guidance or regional biodiversity strategies and does not appear to rest well with the effects-based structure of the RMA (eg. the requirement to set ‘targets’ for indigenous cover in urban and rural environments where this is less than 10%)

Ÿ Potential conflict / tension with Section 85 RMA (which allows the Court to intervene in plans where they are considered to render land incapable of reasonable use. 

Staff have yet to review the NPS-IB and ETS settings in full but are likely to recommend council lodge submissions on those elements that relate to council roles and functions.  Following feedback from the Working Party, draft submissions will be put to the council meeting of 18 February 2020.

 

Attachment 1: Draft NRC Submission on accelerating renewable energy discussion document ⇩

Attachment 2: Draft NRC submission on Water Services Regulator Bill ⇩  

Name:	Jonathan Gibbard
Title:	Group Manager - Strategy, Governance and Engagement
Date:	24 January 2020

 

29 January 2020Attachment 1

 

 

 

 

 

29 January 2020Attachment 2