Planning & Regulatory Working Party Wednesday 24 June 2020 at 9.30am
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Planning and Regulatory Working Party
24 June 2020
Planning & Regulatory Working Party Agenda
Meeting to be held via Zoom video and teleconferencing
on Wednesday 24 June 2020, commencing at 9.30am
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 & Regulatory Working Party
Cr Joce Yeoman (Chair)
Cr Amy Macdonald |
Cr Colin Kitchen |
Cr Justin Blaikie |
Cr Penny Smart (ex officio) |
Pita Tipene |
Juliane Chetham |
Rowan Tautari |
Mira Norris |
|
Item Page
1.0 apologies
Malcolm Nicolson, Pita Tipene, Jason Donaghy
2.0 declarations of conflicts of interest
3.1 Receipt of Meeting Notes 3
Attachment 1: Meeting Notes – 29 April 2020 4
3.2 Regulatory Services Update 8
3.3 NRC Forestry Monitoring Programmes
Attachment 1: NRC Forestry Monitoring Programmes 9
3.4 Planning & Policy Work Programme 25
3.5 Proposed Amendments to National Environmental Standards for Air Quality Submission 27
3.6 Update on Water Quality Plan Change 29
Attachment 1: Proposed Māori Engagement Approach - Water Quality Plan Change 32
3.7 Regional Plan Appeals 35
Attachment 1: Memorandum of Counsel Reporting on Progress 37
Planning and Regulatory Working Party item: 3.1
24 June 2020
TITLE: |
Receipt of Meeting Notes |
ID: |
A1322624 |
From: |
Rachael King, Board Secretary |
Executive Summary | Whakarāpopototanga
The purpose of this report is to present the Record of Actions of the last meeting held on 29 April 2020 for review by the meeting.
Attachments | Ngā tapirihanga
Attachment 1: Meeting Notes - 29 April 2020 ⇩
Authorised by Group Manager
Name: |
Jonathan Gibbard |
Title: |
Group Manager - Strategy, Governance and Engagement |
Date: |
17 June 2020 |
Planning and Regulatory Working Party item: 3.2
24 June 2020
Planning & Regulatory Working Party Meeting Notes
Meeting held via Zoom video and teleconferencing
on Wednesday 29 April 2020, commencing at 9.30am
Present | Tuhinga: Cr Joce Yeoman (Chair)
Cr Amy Macdonald
Cr Colin Kitchen
Cr Justin Blaikie
Cr Penny Smart (Ex-Officio)
Mira Norris Te Parawhau Hapū Authority Charitable Trust
Rowan Tautari Te Whakapiko Hapū
In Attendance | I Tae Mai: GM – Strategy, Governance & Engagement
GM – Regulatory Services
Strategy, Policy & Planning Manager
Compliance Monitoring Manager
Natural Resources Policy Manager
Policy Specialist – Water
Kaiawhina Kaupapa Māori
Strategy, Planning & Policy Administrator (minutes)
The Chair opened the meeting at 9.35am with a mihi.
1.0 APOLOGIES | NGĀ WHAKAPAHĀ
Juliane Chetham, Malcolm Nicolson
2.0 DECLARATIONS OF CONFLICTS OF INTEREST | NGĀ WHAKAPUAKANGA
It was advised that members should make any declarations item-by-item as the meeting progressed.
3.0 REPORTS | NGĀ RIPOATA
3.1 Receipt of Meeting Notes
Taken as read
3.2 Planning & Policy Work Programme
Presented by: Ben Lee - Strategy, Policy & Planning Manager
Main area of focus is Regional Plan finalisation
Hearings on appeals were due to start April, but start date now unsure due to COVID-19
Other main focus is Freshwater Quality Plan change and rolling out obligations
NES Air Quality standards deadline has been extended to 31 July
RMA amendments are due to head to their second reading
Agreed Action:
Briefing on NES Air Quality Standards to be provided to the June meeting
3.3 Unconsented Grids
Presented by: Michael Day - Natural Resources Policy Manager
The number of grids is not so much an issue as the fact that as no-one takes ownership for them - there is no control over the way they are used, allowing for contamination of water and spread of marine pests
Consented grids have conditions which state what you can and can’t do on the grid
Previously communities have been offered the option to take ownership and have them consented – this approach has not been successful to date
A lot of the grids are historic, which pre-date the coastal plan (ie. 40 – 50 years old)
Have so far taken a more lenient approach to allowing unconsented grids to remain in some areas where there are limited boat facilities
Now attempting to reduce / eliminate unconsented grids, which can be removed if deemed to be abandoned
No set timeframe – currently addressing those which are more problematic
Marine Biosecurity team are looking at a policy being introduced (not necessarily RMA) to allow phasing out of unconsented grids in order to address the issues that they are creating within the marine environment
Council is only able to deal with environmental incidents with the information provided, which is sometimes inadequate to identify offenders
Agreed Action:
Provide status on Marine Biosecurity team progress to next WP meeting
3.4 Plan change to implement the water quality planning requirements in the National Policy Statement for Freshwater Management 2017
Presented by: Ben Tait - Policy Specialist (Water)
Initial stages of the project are underway - NIWA and Land & Water Science have been commissioned to provide modelling to allow an understanding of baseline water quality
Developing a model to make predictions about future water quality – expected to be delivered in June / July
Due to COVID-19 it is now unclear what the new NPS will look like and the timing of the release
Met with MTAG on 16 April to discuss way forward liaising with tangata whenua and other key stakeholders – strawman being developed and will be presented to next MTAG meeting for discussion
Understanding sediment transport is extremely difficult – traditionally deal with long term medians and averages
Draft NPS has two – deposited sediment and suspended sediment – based on annual medians, not episodic rainfall events such as heavy rainfall following logging of a forestry area
More monitoring will be required if NPS proceeds
Consideration needs to be given to the fact that water allocation affects quality - allocation is addressed in the Proposed Regional Plan
A separate piece of work is being undertaken looking at a review of allocation levels and quality
Discussion took place re engagement with communities and ensuring that the approach is consistent across the organisation and taking opportunities to combine engagement where possible / suitable
As far as is possible to ascertain, the budget to complete the project is adequate, however, due to budget constraints may be a risk it will not be enough should extra consultancy work be required
Timeframes may need to be pushed out to July council meeting – milestones need to be updated in the project plan
Following engagement, will work through with full council – WP feel that due to the significance of the NPS, it needs to be full council rather than just worked through at WP level
Anticipated that engagement will follow roughly the same process as PRP
Agreed Action:
Provide an update to each Working Party meeting
3.5 Climate Change Related Provisions within Regional Planning Documents
Presented by: Michael Day - Natural Resources Policy Manager
Focuses on provisions that specifically refer to climate change in both plans
Important to note that the document has been future-proofed, by referring to “the latest national guidance” rather than a specific point in time
Discussion re liaison with district councils and implementation and capacity and capability of the organisation to address this
Reviewing the RPS will start next year
Discussion took place re hard protection structures
Agreed Action
Ben L to circulate wording from RPS relating to precautionary policy approach
11.29am - Amy Macdonald, Penny Smart, Tess Dace & Jonathan Gibbard left the meeting
3.6 New Regional Plan Implementation Plan
Presented by: Colin Dall - GM, Regulatory Services
Has been tasked to set up a staff working group to set up plan
Little progress has been made to date due to COVID-19
Now that we are operating under Level 3, will be able to progress the matter
Draft plan will be presented to the Working Party later in the year
3.7 NRC Forestry Monitoring Programmes
Agreed Action:
Defer item to next meeting
3.8 Outstanding Marine Farm Bonds Protocol
Presented by: Colin Dall - GM, Regulatory Services
Timing is unfortunate due to COVID-19, however, this issue has been going on for over ten years
It was agreed to proceed with the proposed protocol and deal with hardship issues on a case-by-case basis
3.9 Drought Update
Presented by: Colin Dall - GM, Regulatory Services
Although there appears to have been a reasonable amount of rainfall this month, YTD Whangārei is still 40% below average, with the rest of the region around 45 – 50% below average
The area is still in drought with fluctuating rainfall patterns expected
Level 4 restrictions are still in place in in some areas – working with CDEM and arranging tanker deliveries to communities - 200+ deliveries since 13 March
Availability of stock feed is now becoming an issue – MPI working on this
Discussion regarding increased use of household water tanks and whether this would alleviate the issue
11.48am - Penny Smart re-joined the meeting
3.10 Draft Compliance Monitoring & Enforcement Strategy
Presented by: Colin Dall - GM, Regulatory Services
The challenge has been keeping the document short and concise
Costs associated with CME - where we can recover those from applicants it should be taken into account and noted in the strategy
Discussion took place regarding decision making and enforcement and a clear structure to move forward
Strategy well written and clear
Next steps are to take the strategy to ELT, and then on to Council for endorsement
Agreed Action:
Email any further comments through to Colin Dall
The meeting closed at 11.59am
TITLE: |
Regulatory Services Update |
ID: |
A1322619 |
From: |
Colin Dall, Group Manager - Regulatory Services |
Executive Summary | Whakarāpopototanga
Since the last Planning and Regulatory Working Party meeting, COVID-19 response restrictions have been relaxed and Regulatory Services staff have been busy catching-up on work that wasn’t able to be done during the lockdown period.
Over the period 1 – 31 May 2020, a total of 424 consents were monitored. Although staff are endeavouring to inspect as many consents as practical by 30 June, not all the planned number of inspections for the 2019/2020 year will be achieved.
As the Courts have also resumed normal business, there has been progress on some of the enforcement proceedings that the council has taken. Of note is that the person responsible for illegal earthworks on a sand dune at Tokerau Beach pled guilty to undertaking those works on 4 June 2020. The matter is now proceeding to sentencing.
With Northland receiving reasonable rainfall in May, the council’s drought response work has markedly reduced. However, much more rain is still required to make up for the large rainfall deficit that had built-up in the preceding 18 months.
There has been a delay in mapping of the current developed areas of marine farms due to a delay in new imagery and staff resource being diverted away from mapping to undertake field work. Approximately 40% of the work has now been completed. Compliance status letters will be sent to all farmers on completion.
Staff have held a teleconference with New Zealand Oyster Industry Association representatives regarding the need for better communication of the status of the fidelity fund (industry-led bond alternative) for remediation of abandoned/derelict marine farms.
Background | Tuhinga
None required
Nil
Authorised by Group Manager
Name: |
Colin Dall |
Title: |
Group Manager - Regulatory Services |
Date: |
17 June 2020 |
24 June 2020
TITLE: |
Planning & Policy Work Programme |
ID: |
A1322611 |
From: |
Ben Lee, Strategic Policy and Planning Manager |
Executive Summary | Whakarāpopototanga
The following table sets out the work programme for the Planning and Policy team[1] for the next three years. It only includes work relevant to the Planning and Regulatory Working Party’s terms of reference.
Detail |
When |
|
Coastal occupation charging |
Develop regime options for further council direction on whether to proceed releasing a discussion document for public feedback |
23 June 2020 – Council workshop |
Marine protected areas |
Progressing Mimiwhangata proposal with Ngātiwai. Working through appeals on Proposed Regional Plan seeking additional fishing controls |
TBC |
Wetland mapping |
Mapping project to clearly define wetlands and provide certainty about where wetland rules apply. MFE put out an RFP for piloting a wetland mapping methodology (6-month project). Hopeful Northland will be the pilot region. |
MFE RFP deadline 1 June 2020. Contract start date - mid July 2020
|
Freshwater quality management plan change |
A plan change to set freshwater quality objectives, limits and regulation to ensure the objectives are achieved and limits are met. Required to give effect to the Freshwater NPS |
Notify 2021 – separate agenda item provides progress detail.
|
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 |
Refer separate item. |
Refer separate item. |
District plan changes and consents |
The planning team provide feedback and make submissions on changes to district plans and major consent applications. The main reasons are to ensure the RPS is being given effect and ensure council operations (eg. flood management) are not unduly regulated. |
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 (eg. proposed NPS for biodiversity) |
Lead council input into national proposals (eg. 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-late 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 assisting Māori Relationships team with roll-out of joint hapū MWR. Will also be involved in developing any iwi based MWR |
Council approved joint hapū MWR February 2020. Next step is to roll out with active hapū. |
RPS – 5-year review |
RMA requires a review of the RPS. |
Start 2021 |
· Nil – presented for information purposes only
Background | Tuhinga
Not applicable.
Nil
Authorised by Group Manager
Name: |
Jonathan Gibbard |
Title: |
Group Manager - Strategy, Governance and Engagement |
Date: |
17 June 2020 |
Planning and Regulatory Working Party item: 3.5
24 June 2020
TITLE: |
Proposed amendments to National Environmental Standards for Air Quality submission |
ID: |
A1322643 |
From: |
Michael Payne, Policy Specialist |
Executive Summary | Whakarāpopototanga
The Ministry for the Environment is seeking feedback on proposed amendments to National Environmental Standards for Air Quality. This paper provides an overview of the proposed amendments. A draft submission will be circulated for the Working Party’s consideration ahead of the 24 June meeting.
1. That the report be received.
Background | Tuhinga
The Government is seeking feedback on its proposed amendments to some provisions of the National Environmental Standards for Air Quality. The aim of the amendments is to better control the release of fine particles into our air.
The proposed amendments also include controls on mercury emissions. These amendments are intended to help meet New Zealand’s obligations under the Minamata Convention on Mercury.
Particulate matter
Particulate matter (PM) is a collective term for solid and liquid particles suspended in the air and small enough to be inhaled. PM varies greatly in structure and chemical composition, depending on where it comes from. It also varies in the harm it can cause.
PM comes from human activities and natural sources. It is often classified according to its size because size determines how PM interacts with the environment and human body.
PM10 has a diameter of 10 micrometres (µm) or less.
PM2.5 has a diameter of less than 2.5 µm and is a subset of the PM10 range.
Exposure to particulate matter can cause disease and premature death from respiratory and cardiovascular causes, cause lung cancer, and exacerbate asthma and emphysema. These fine particles are mainly created by human activities.
Research shows that particles in the air smaller than 2.5 micrometres in diameter (PM2.5) are more hazardous to people’s health than coarse, larger particles (particles in the PM2.5-10 range) (World Health Organization, 2013). In New Zealand, the main source of PM2.5 is burning wood and coal for home heating during winter.
The key changes proposed for the NES for particulate matter are:
introducing PM2.5 as the primary regulatory tool to manage ambient particulate matter and establish both a daily and an annual standard for PM2.5 (fine particulate matter)
retaining the PM10 standard for managing potential issues for coarse particulates.
an air shed would be considered “polluted” if it exceeds a specified PM2.5 threshold. This is currently determined based on a PM10 threshold.
All new domestic solid-fuel burners (fireplaces etc) installed on properties less than 2 hectares will need to meet a stricter emissions standard. All burners that are currently on the market are already designed to meet the new standard.
Mercury emissions
New Zealand signed the Minamata Convention on Mercury in 2013, but has not yet ratified it. To address the obligations under Articles 5(6) and 8 of the Convention, and take one of the steps to ratify the Convention, we propose two amendments to the NESAQ:
Prohibit the use of mercury in certain, listed processes. These have not been carried out in New Zealand, and they are not likely to be as technology has improved, removing the need for mercury.
New activities involving emissions of mercury to air are required to obtain resource consent. The intention is for councils to consider the need to apply international best practice guidance to manage the emission of mercury to air.
Nil
Authorised by Group Manager
Name: |
Jonathan Gibbard |
Title: |
Group Manager - Strategy, Governance and Engagement |
Date: |
17 June 2020 |
Planning and Regulatory Working Party item: 3.6
24 June 2020
TITLE: |
Update on Water Quality Plan Change |
ID: |
A1322615 |
From: |
Ben Lee, Strategic Policy and Planning Manager |
Executive Summary | Whakarāpopototanga
An item providing an overview of the plan change was presented to the April 2020 Planning and Regulatory Working Party (the Working Party). This item provides an update on progress, including:
discussions with MTAG on a proposal for engaging with tangata whenua on the plan change
modelling of water quality
the impact of Government’s freshwater package announcement
None
Background | Tuhinga
Northland Regional Council is in the early stages of preparing a plan change to implement the water quality planning requirements of the National Policy Statement for Freshwater Management. The plan change is scheduled to be notified late 2021.
An item providing an overview of the plan change, the project plan, and engagement plan was presented to the April 2020 Working Party meeting. This item provides an update.
Tangata whenua engagement
At the April 2020 meeting, the Working Party endorsed seeking TTMAC feedback on how best to engage with Māori in the plan change development. The Māori Technical Advisory Group (a subset of resource management technicians from TTMAC) have prepared a proposal which will be presented to the next (July) TTMAC meeting for endorsement (Attachment 1). The proposal is based on the formation of an expert “Tangata Whenua Freshwater Advisory Group” as the primary means for tangata whenua input into the plan change.
Also to be discussed at the next TTMAC meeting is TTMAC’s direction on tangata whenua involvement in governance for the development of the plan change. It is anticipated the recommendation will be to endorse having three Māori members of TTMAC sitting alongside councillors in the development of the plan change. (This was the same approach adopted for the development of the Proposed Regional Plan).
Assuming TTMAC agree to endorse the setting up of the “Tangata Whenua Freshwater Advisory Group” and confirm an approach for tangata whenua in governance for the development of the plan change, the next step will be to take these proposals to the July 2020 council meeting for approval.
Modelling
NIWA and Land & Water Science have been separately commissioned to undertake modelling of the current state of Northland’s water quality of rivers. They have different approaches to the modelling, but they both take the water quality monitoring data and extrapolate it out to provide a regional picture of the current river water quality.
The modelling outputs will provide the starting point for determining the outcomes we ultimately want to achieve, and the extent of the interventions needed to meet those outcomes.
There were a few reasons why we commissioned two different modelling approaches, but the main reason from the water quality plan change perspective is that there are limitations with modelling, and we are hopeful we will be able to use the best outputs from each model to give a more accurate picture of the current water quality state.
NIWA have provided the outputs of their modelling and Land & Water Science outputs are due late July.
NIWA’s modelling assessed 19 water quality variables. The modelling performed well for 10 of these variables – modelled predictions vs observed data. For the other nine variables the performance was not so good – particularly for dissolved oxygen and E. coli.
The outputs of NIWA’s modelling is a series of maps for each water quality variable – the following is an example:
Land & Water Science’s modelling uses a different approach to NIWA.
NIWA have also been commissioned to model mitigation scenarios. Put simply, they will run packages of mitigations in the model (eg. stock exclusion, wetland restoration and planting of highly erodible land) and estimate how much water quality will be improved by the mitigation packages. This will assist in setting objectives and limits and understanding the effectiveness of mitigations.
Mitigation packages will be developed using feedback from engagement with tangata whenua and stakeholders.
Government’s freshwater announcements
On 28 May 2020 Government released some of the details about the upcoming changes to the National Policy Statement for Freshwater Management (NPS-FM) and associated regulation. There was no detail on when the updates to the NPS-FM and associated regulation will be released other than “later this year”.
Understanding the detail of the NPS-FM and associated regulation is important before assessing potential objectives, limits and mitigations, as it will determine the benchmark.
Next steps
Seek TTMAC endorsement of proposals for tangata whenua engagement and involvement in governance for the development of the plan change – 9 July 2020
Seek Council approval (21 July 2020) for:
Engagement plan (including tangata whenua engagement)
Tangata whenua involvement in governance for the development of the plan change
Set up stakeholder engagement group(s) and the Tangata Whenua Freshwater Advisory Group – August/September 2020
Updated NPS-FM and associated regulation released – August/September 2020?
Work with stakeholder engagement group(s) and the Tangata Whenua Freshwater Advisory Group to develop potential objectives, limits and mitigation packages - September 2020 +
Attachment 1: Proposed Maori engagement approach - Water quality plan change ⇩
Authorised by Group Manager
Name: |
Jonathan Gibbard |
Title: |
Group Manager - Strategy, Governance and Engagement |
Date: |
17 June 2020 |
Planning and Regulatory Working Party
24 June 2020
Proposed Māori engagement approach: Water quality plan change
Version |
Date |
Purpose |
1 |
7 May 2020 |
Initial draft for review by Juliane |
2 |
12 May 2020 |
Draft for MTAG |
3 |
26 May 2020 |
Updated post MTAG meeting |
4 |
28 May 2020 |
Further update |
5 |
29 May 2020 |
Update in response to Juliane C comments |
6 |
5 June 2020 |
Updated post MTAG meeting for TTMAC endorsement |
Scope
This document sets out the proposed approach for Māori engagement on the water quality plan change. It covers the period up until the plan change is notified for public submissions.
This document does not address
· Governance arrangements (these are the subject of separate discussions between Council and TTMAC).
· How the plan change will be implemented, e.g. monitoring and enforcement of rules and consents.
Background
The Northland Regional Council (NRC) is required to undertake a plan change to implement the water quality requirements of the National Policy Statement for Freshwater Management 2017[2].
NRC are aiming to formally notify the plan change for submissions in late 2021.
Proposed Māori engagement approach
Tangata Whenua Water Advisory Group
MTAG propose setting up a “Tangata Whenua Water Advisory Group” (name TBC). The group will be the main vehicle for providing tangata whenua-led analysis, feedback and advice on the development of the plan change.
The group to be set up as follows:
· A panui to all Māori contacts will be sent seeking nominations for membership on the group.
· TTMAC to appoint a selection panel consisting of four TTMAC members (two councillors and two Māori members).
· The selection panel to select members by assessing nominations against the criteria in Appendix one.
The TW water advisory group members will be eligible for payments related to council approved meeting attendance and mileage in accordance with the councils ‘Appointed Members Allowance Policy’. Payments will include:
· Meeting allowance for meetings of TW
· Mileage (one claim per vehicle)
· Attendance at other working parties, as endorsed by council.
The NRC to allocate a $20k budget to the TW water advisory group to commission advice[3].
It is anticipated the group will meet 6 to 10 times starting in September 2020 through to mid 2021.
Development of Wai Māori assessment framework
An initial focus of the TW water advisory group will be to identify a framework to assess the likely consequences (impacts) on tangata whenua values[4]. The framework will seek to identify:
· key tangata whenua values in fresh water;
· evaluation criteria to assess the impacts of management scenarios on the values; and
· any associated indicators to ensure the future impacts on these values can be observed.
Appendix 1:
Individual membership criteria (desired)
· Tangata whenua (whakapapa to Te Taitokerau)
· Freshwater kaitiaki knowledge and/or experience
· An understanding of Te Ao Māori (the Māori world view)
· Knowledge of the Treaty of Waitangi and He Whakaputanga (Declaration of Independence, 1835)
Collective membership criteria (desired)
The group may consist of up to 12 freshwater kaitiaki experts allowing for a diverse range of knowledge/experience whilst ensuring agile decision making is achievable.
Many of the issues that need to be addressed to improve water quality are challenging –
technically, legally, economically, socially and culturally. To ensure the group, as a collective, possess the breadth of knowledge and experience needed to consider these challenges and fulfil its purpose, the below criteria will be applied prior to final selection. The final group makeup should allow for:
· Diverse representation of member gender and age
· Balanced geographical affiliation/connections across Te Taitokerau
· A mix of people who have practical experience gained at a national, iwi, hapū, and/or whanau level
· At least one person with legal and/or policy background
· At least three people with on-the-ground freshwater kaitiaki experience
· At least two people with experience in Māori land management
· At least one person should have project management experience
· At least 50% of the working group are competent with Te Reo me ona tikanga / kawa o Taitokerau (competence in Te Reo and Māori processes in Northland)
24 June 2020
TITLE: |
Regional Plan Appeals |
ID: |
A1322617 |
From: |
Michael Day, Natural Resources Policy Manager |
Executive Summary | Whakarāpopototanga
Overview
There are 23 appeals (to the Environment Court) against the council’s decision on the Proposed Regional Plan for Northland (Proposed Plan). Most of the appellants have appealed multiple provisions of the Proposed Plan. Through face-to-face mediation (and subsequent negotiations), the parties have managed to reach agreement on the majority of appeal points (approximately 75% of the appealed provisions have now been agreed between the parties), with the balance remaining unresolved.
During May, the presiding Judge approved 14 “consent orders” and these have now been received by council. A consent order is an Environment Court order that endorses agreements reached by appellants and s274 parties during mediation and any subsequent negotiations on appeals to a plan.
Each consent order contains the specific provisions (in each topic) that have been agreed between the parties. When a consent order contains rules, these rules must now be treated as operative (and any previous rule as inoperative).
The consent orders are available to view here: https://www.nrc.govt.nz/newregionalplan
Next Steps
For those topics/sub-topics where provisions have been agreed, draft and file additional consent orders.
For those provisions that remain unresolved, attempt to negotiate suitable mediated outcomes.
Mediation on the appeals relating to requests for new maps/provisions relating to marine protection/restrictions on fishing activities is set down for two days during the first week in August.
Hearings
To date, two sub-topics have been formally set down for hearings:
Fumigation is set down for the week starting 20 July 2020.
Mangroves is set down for the week starting 10 August 2020.
It is highly likely that other sub-topics will need to be set down for hearings, which will most likely be towards the end of this year.
Attached to this paper is the latest update to Court, relating to progress on resolving all appeals.
1. That the Planning and Regulatory Working Party receive the update and provide verbal feedback.
Background | Tuhinga
Not applicable.
Attachment 1: Memorandum of Council Reporting on Progress ⇩
Authorised by Group Manager
Name: |
Jonathan Gibbard |
Title: |
Group Manager - Strategy, Governance and Engagement |
Date: |
|
[1] Only includes activities within the Planning and Regulatory Working Party’s areas of interest. For example, it does not include transport planning (which Planning and Policy staff are assisting with).
[2] Government will be releasing a new version in a few month’s time. It will continue to require council to do a plan change, but there are likely to be some changes to the details of what must be included in the plan change.
[3] This is in addition to the meeting payments.
[4] Framework examples:
· Keir Volkerling. April 2015. Northland Tangata Whenua Freshwater Values: A Literature Review. Prepared for Northland Regional Council, Ministry for Primary Industries and Ministry for the Environment. See https://www.nrc.govt.nz/media/9468/northlandtangatawhenuafreshwatervaluesaliteraturereview.pdf
· Keir Volkerling. August 2015. Northland Tangata Whenua Freshwater Values: A Framework to Guide Decision-Making. Prepared for Northland Regional Council, Ministry for Primary Industries and Ministry for the Environment. See https://www.nrc.govt.nz/media/9467/northlandtangatawhenuafreshwatervaluesaframeworktoguidedecisionmaking.pdf
· A recent report by Perception Planning Ltd and Manaaki Whenua – Landcare Research:
See https://www.nrc.govt.nz/media/13642/kaupapa-maori-assessments-final-jan-2019.pdf