Planning & Regulatory Working Party Wednesday 24 February 2021 at 9.30am

 

24 February 2021

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)

Cr Amy Macdonald	Cr Colin Kitchen	Cr Justin Blaikie
Cr Penny Smart (ex officio)	Juliane Chetham	Mira Norris
Pita Tipene	Rowan Tautari

 

 

Item                                                                                                                                                                                   Page

1.0       KARAKIA TIMATANGA

2.0       apologies | NGā WHAKAPAHā

Pita Tipene

3.0       declarations of conflicts of interest | NGā WHAKAPUAKANGA

4.0       Reports | NGā RIPOATA

4.1       Record of Actions                                                                                                                                        3

4.2       Planning and Policy Work Programme                                                                                                7

4.3       Regulatory Services Work Programme                                                                                              10

4.4       Regional Plan Update                                                                                                                              11

4.5       Freshwater Management Plan Change Update                                                                             15

4.6       RPS Review                                                                                                                                                  17

4.7       Process for managing consent compliance monitoring                                                              19    

5.0       karakia whakamutunga

24 February 2021

 

TITLE:	Record of Actions
ID:	A1413222
From:	Rachael King, Planning and Policy/Maori Relationships Administrator
Authorised by:	Ben Lee, GM - Strategy, Governance and Engagement, on 17 February 2021

 

The purpose of this report is to present the Record of Actions of the last meeting held on 28 October 2020 for review by the meeting.

 

Attachment 1: Minutes of Meeting - 28 October 2020 ⇩   

24 February 2021Attachment 1

 

 

24 February 2021

 

TITLE:	Planning and Policy Work Programme
ID:	A1410072
From:	Alison Newell, Natural Resources Policy Manager
Authorised by:	Ben Lee, GM - Strategy, Governance and Engagement, on 17 February 2021

 

Activity	Detail	When
Coastal occupation charging	The RMA enables regional councils to apply charges to structures (akin to a rental) that occupy space within the coastal marine area – this is known as ‘coastal occupation charges’. Council had previously indicated that they wanted to hear from the public to determine if there is support, or not, for introducing coastal occupation charges in Northland. Staff have drafted a discussion document for the public’s consideration. The next step is for council to consider whether to proceed with releasing the discussion document for pubic feedback.	March/April 2021
Marine protected areas	Discussions on Mimiwhangata proposal with Ngātiwai Trust Board are on hold.  Appeals on Proposed Regional Plan seeking additional fishing controls are set down for a detailed evidence exchange schedule ending with a three-week Environment Court hearing July and August 2021.	Marine Protection appeals hearing is scheduled for 12-23 July and 2–6 August 2021 see separate PRP Appeals item
Wetland mapping	This mapping project aims to clearly define wetlands and provide certainty about where wetland rules apply.  MFE contracted Morphum to pilot wetland mapping techniques. Phase I involved a literature review and proposed methods.  Phase II involves further refinement and trialling mapping methods.   NRC has supplied Northland data and is likely to be used as a case study to trail mapping techniques. This will contribute to the regional wetland mapping project, but considerable validation work is likely to be needed.	MFE Phase I literature review and methods report is due for release Feb 2021 MFE Phase II results and recommendations due mid 2021
Freshwater quality management plan change	A plan change to set freshwater quality objectives, targets and regulation to ensure the objectives are achieved and targets are met.  Required to give effect to the Freshwater NPS	Notify late 2022
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 agenda item	Refer separate agenda 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 (e.g. 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 TOAT beach plan change and implementation plan.	Advice to board – ongoing Beach management plan change – start 1st Qtr 2021
NRC input into national proposals	Government has announced that RMA reform is being prioritised in the next two years with the repeal of the RMA and its replacement with a Natural and Built Environments Act, a Strategic Planning Act and a Managed Retreat and Climate Change Adaptation Act. National Policy Statements relating to Indigenous Biodiversity and Highly Productive Land are also due to be gazetted this year. Staff are involved in various working groups from local government including the Biodiversity Special Interest Group (SIG).	2021 - 2023
Regional Plan guidance material	The planning team is working with the Māori Relationships team and has started developing guidance material to assist with interpreting / implementing the Plan in response to demand.	2021
	The priority is for guidance for implementation of the policies that direct the assessment of impacts on tangata whenua for resource consent applications (policies D.1.1 and D.1.2 in particular).
Additional sites of significance to tangata whenua – plan change	Possible plan change.  Likely to piggy-back on other water related plan change(s).	Notify 2022
Mana Whakahono o Rohe (MWR)	Planning team assisting Māori Relationships team with roll-out of joint hapū MWR and development of implementation plans as required.  Will also be involved in developing any iwi based MWR.  Ngāti Rehia and Patuharakeke have both signed MWR, with others considering doing so.	ongoing
RPS – five-year review	Refer to separate agenda item.	Refer separate item
Te Mana o Te Wai	Staff are digesting the Te Mana o Te Wai requirements of the Freshwater NPS and preparing a draft implementation plan.  Unsure of process at this stage but likely to be presented to council in the next few months. Budget for this has been included in the Draft LTP.	Council feedback in next few months LTP consultation feedback in next few months
Regional Biodiversity Strategy	Once gazetted the NPS Indigenous Biodiversity will likely lead to council developing a regional strategy focused on indigenous biodiversity.	2021 - 2023

 

Nil – presented for information purposes

 

24 February 2021

 

TITLE:	Regulatory Services Work Programme
ID:	A1413045
From:	Tess Dacre, Compliance Monitoring Manager
Authorised by:	Colin Dall, Group Manager - Regulatory Services, on 17 February 2021

 

Over the period 1 October 2020 to 31 January 2021 there were 1,747 compliance activities undertaken.  Of these, 36 (2%) were assessed as significantly non-compliant. Twenty-nine of the significant non-compliances were for farm dairy effluent discharges.

A total of 286 environmental incidents were recorded over the same period. The most frequent incident type was burning and smoke nuisance, which accounted for 70 (24%) of the incidents, followed by earthworks/vegetation clearance (22), dust nuisance (21) and “other water incident” (20).

Compliance staff issued 47 infringement notices and 99 abatement notices in relation to non-compliant activities from 1 October 2020 to 31 January 2021.

There was court action in relation to the following enforcement matters:

1.      Sand dune removal, Tokerau Beach;
The defendant was sentenced in the Whangārei District Court to 300 hours community work and an enforcement order was granted for costs associated with restoration work totalling $5,968.58.

2.      Timber treatment plant discharges, Whangārei;
A settlement agreement was reached with the defendant which includes an enforcement order and payment of costs.  NRC sought leave of the court to withdraw the charges, which was granted.

3.      Earthworks without erosion and sediment controls, Totara North;
Not guilty pleas were entered by the defendant and the next nominal court date is set down for 27 April 2021.

4.      Dumping of trade and industrial waste, Kaitāia;
NRC made an ex parte application to the Environment Court for interim enforcement orders which were issued on 6 November 2020.

5.      Burning on industrial/trade property, Whangārei;
Charges were laid in the Whangārei District Court on 27 November 2020 against an individual. An agreed adjournment between parties was granted with the next court date set down for 31 March 2021.

 

Nil – presented for information purposes

N / A

24 February 2021

 

TITLE:	Regional Plan Update
ID:	A1410123
From:	Alison Newell, Natural Resources Policy Manager
Authorised by:	Ben Lee, GM - Strategy, Governance and Engagement, on 16 February 2021

 

Since the last Working Party update (28 October 2020), Environment Court hearings have been held or are underway on:

Ÿ Topic 11 (Biodiversity and Outstanding Natural Features/Landscapes) held 23-25 November– interim report issued by the Environment Court on 3 December 2020

Ÿ Topic 15 (Mangroves) jurisdictional question relating to NES-Freshwater wetland provisions application in the CMA held 7 December 2020 – declaration issued by the Environment Court on 10 February 2021

Ÿ Topic 11 (mapping of SEAs and Marden Point Port Zone) held 4-5 February 2021 – decision is anticipated late March/early April

Topic 11 (ONLs)

The Court has issued directions for timetable for mapping of ONLs in the CMA under s.293 of the RMA.  This requires council to work with the parties to the appeals to:

·    prepare draft Maps by 30 April 2021,

·    undertake “necessary consultation with parties to these provisions, other community groups and tangata whenua” by 30 July,

·    final Maps and all other provisions by 27 August,

·    draft of the public notification to the Court by 10 September for approval, and

·    public notification no later than 24 September

·    submissions (including any s.274 notices) to be filed with the Court by 22 October

·    Summary of all submissions to be filed with the Court by 5 November 2021.

The Court will then set out appropriate process for resolution (mediation or hearing) as required. The Court has noted that all existing s.274 parties and appellants are deemed to be parties to the s.293 process and hearings that follow. Any new parties will need to file a submission or s.274 notice to join.

The Court has also created a new topic (Topic 17) for ONL mapping. Council has contracted the services of Mike Farrow (Littoralis Landscape Architects) to assist staff in the mapping of ONLs in the CMA and has had an initial informal discussion with Patuharakeke Te Iwi Trust Board representative (s.274 party) in regards to methodology for inclusion of tangata whenua values based on a desktop exercise associated with ONL mapping.

Topics 3 (Allocation and Use of Water) and Topic 4 (Water Quantity)

The Court has released its decision and an initial analysis of the implications of the decision is provided (Attachment 1).

 

Topic 5 (Water Quality)

Informal exchanges have been had with Minister of Conservation with the purpose of looking to refine the relief sought prior to hearing. Expert witnesses will conference to further narrow the points to be argued at hearing.

Topic 15 (Mangroves) and Environment Court Direction on NES-F 2020 jurisdiction

The Court’s declaration considers the jurisdictional question that arose during the hearings on mangrove provisions last year. The outcome provides clarity as the extent to which the NES for Freshwater Regulations 2020 applies in the coastal marine area, i.e. that this is limited to only areas in the CMA which are upstream of the “river mouth” and do not apply to the “general CMA, open oceans, estuaries, bays or other areas not falling within the definition of “river or connected area”.” There is a possibility that the Minister of Conservation or Forest & Bird will appeal the Court’s decision (parties have until 3 March to lodge such an appeal), as the Court’s findings are contrary to the arguments they put forward at hearing.

Topic 16 (Stock Exclusion)

Staff have contacted all parties to ascertain any change in position given the Stock Exclusion Regulations (2020) that came into force 3 September 2020.  It is possible that this may be resolved without the need for a hearing.

Topic 1 (Aquaculture)

Staff have contacted key parties to arrange an informal meeting to progress these appeals in light of the NES Marine Aquaculture (which came into force 1 Dec 2020), with intent to narrow or refine matters to be heard.

Topic 14 (Fishing Controls)

The council workshop held 2 February canvassed the scope of the appeals on fishing controls and marine protection and confirmed council’s position supporting appropriate planning provisions where sufficient supporting evidence is available.  This has been reported to parties to the appeals and evidence exchange will now proceed as directed by the Court to hearing.

Other Provisions under Appeal

Resolution on other appeal points has continued informally through email exchanges between parties.

Scheduled Hearings

The following hearings are set down for coming months:

Ÿ Topic 8 (Agrichemicals) scheduled for 26-29 April 2021

Ÿ Topic 1B (Vehicles on Beaches) scheduled for 30 April – 3 May

Ÿ Topic 5 (Water Quality) scheduled for 4–7 May

Ÿ Topic 14 (Fishing Controls) scheduled for 12-23 July and 2-6 August

Each has an agreed timetable for circulating and filing evidence (council, those parties seeking more liberal or more restrictive provisions, and rebuttal). 

 

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

 

Attachment 1: Memo Env Court decisions on Topics 3 and 4 appeals (water quantity) ⇩   

24 February 2021Attachment 1

 

24 February 2021

 

TITLE:	Freshwater Management Plan Change Update
ID:	A1410133
From:	Brenda Baillie, Policy Specialist
Authorised by:	Ben Lee, GM - Strategy, Governance and Engagement, on 17 February 2021

 

 

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

Council is required to undertake plan change(s) under the Resource Management Act to give effect to the NPS-FM by the 31 December 2024 statutory deadline for public notification of the proposed plan change(s).  The priority focus for council are the obligations in relation to freshwater quality, as existing water quantity provisions provide an adequate ‘interim’ policy framework whilst further work is undertaken to inform more detailed consideration of water quantity provisions.

This Plan Change therefore addresses freshwater quality matters, acknowledging that this is one component of an overall broader process that council will need to go through to fully implement the NPS-FM. This broader package of work includes actions taken by council under other legislation, for example incentives for fencing and riparian/wetland enhancement funded through the Long Term Plan which contribute to the overall objective of halting degradation and improving our freshwater.

Council has previously agreed a strategic approach to tangata whenua engagement and primary sector representatives (see below for update on progress).

Plan Change Development

The Water Quality Plan Change Implementation Plan and budget have been revised to incorporate the latest updates in the Government’s Essential Freshwater package and to give effect to Te Mana O Te Wai. The plan change is expected to take two years to develop to point of public notification (approximately October 2022). Council was briefed on the key aspects of the plan change process at a workshop on the 1st December 2020.

Council is also obliged to amend the Proposed Regional Plan to insert three specific policies (relating to natural inland wetlands, rivers and fish passage^[2]) using s.55(2A) of the RMA, i.e. not using the ‘normal’ Schedule 1 RMA process.  Staff have compiled the necessary amendments to the Proposed Regional Plan and these will be advertised in coming months.

On the 9th March 2021, the Chief Freshwater Commissioner, Professor Peter Skelton is scheduled to visit the Northland Regional Council. He will meet with Councillors and Council staff to discuss the new Freshwater hearings process.

Tangata Whenua and Community engagement

As part of council’s approach to community engagement, key focus groups have been set up. The Primary Sector Liaison Group (PSLG) includes representatives from Beef + Lamb New Zealand, Federated Farmers, Dairy NZ, Fonterra, HortNZ, Northland Wood Council, Ministry for Primary Industries (MPI), and Pāmu (Landcorp). The PSLG had their initial meeting on the 14th December and welcomed the group’s establishment as a mechanism for engaging with council. The second meeting on 15^th February 2021 confirm membership and Terms of Reference for the group

The membership of the Tangata Whenua Water Advisory Group (TWWAG) has been confirmed and powhiri for the group and first meeting were held on 19 January. Although the initial membership was set at 12, because of the calibre of all the applicants the number was increased, following approval from Council, to 15. With the sad passing of Allan Halliday, the membership has been retained at 14. Further work is underway to confirm the scope and Terms of Reference for the group. Letters have been sent to all the CEO’s of members of TTMAC making initial contact and with an invitation to meet with NRC.

Information and data collection and analysis

Staff are compiling background information to support the Water Quality Plan Change. Once completed, it will be available on the NRC website in a GIS platform that enables viewers to access this information for each water quality Freshwater Management Unit. In the medium-term this platform can be expanded to provide an engagement tool for the purposes of public consultation (e.g. a story board platform with options for feedback).

In addition, the NRC website has been updated with a web page providing guidance on the Government’s Essential Freshwater reforms: www.nrc.govt.nz/essentialfreshwater

NIWA and Land Water Science (LWS) have completed modelling the current state of water quality in Northland’s rivers. A comparison of these results has been presented to the Water Steering Group and then to Council on 9th February 2021 along with the PSLG on the 15^th February 2021. A short 2-3 page summary on Northland’s water quality state is due at the end of February 2021. NIWA is modelling a range of mitigation scenarios (e.g. fencing, riparian planting, planting highly erodible land, and wetland construction) to estimate their effectiveness in reducing contaminant loads and improving water quality, with a final report due end of April 2021.

A comparison of Northland’s freshwater monitoring programme and the monitoring and reporting requirements of the NPS-FM is in progress and will complement and inform NRC’s environmental monitoring network review.

Next Steps

Ÿ Continue engagement with tangata whenua and communities on the Water Quality Plan change process

Ÿ Update the Proposed Regional Plan to give effect to NPS-FM clause 1.7 using RMA s.55(2A)

Ÿ Finalise background water quality data analysis and scenarios modelling and make these publicly available

Ÿ Complete the gap analysis comparing NRC’s freshwater monitoring with the requirements of the NPS-FM

24 February 2021

 

TITLE:	RPS Review
ID:	A1410966
From:	Alison Newell, Natural Resources Policy Manager
Authorised by:	Ben Lee, GM - Strategy, Governance and Engagement, on 17 February 2021

 

Under the Resource Management Act (RMA), council is required to report on its monitoring of the efficiency and effectiveness of the Regional Policy Statement (RPS) by May 2021^[3].  The purpose of the monitoring review is to assess how effective the provisions have been in addressing the regionally significant issues identified and achieving the objectives of the RPS after five years from the operative date (it is not a full review under s79 RMA).  The five-year review also provides an opportunity to identify any key gaps or areas for improvement as a result of changes to legislation, national policy direction or best practice which have emerged since the RPS was made operative.

Work on the RPS review has until now been ‘put on hold’ awaiting further information on timing of possible resource management system reform and implications for regional planning and the fact that several national policy statements are imminent. Whilst there is now more certainty as to the government’s intentions and timing of legislative reform, and in particular confirmation as to the relevance of long-term regional spatial strategies, there is still uncertainty as to the exact nature of future planning and new legislation is not anticipated before December 2022. In light of this continuing uncertainty, it is considered best to keep the 5yr RPS review ‘on hold’ at this point in time.

 

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

2.         That staff prepare a paper for consideration by council for approval to hold off on initiating the RPS review until the broader planning framework is confirmed.

 

The RPS for Northland became operative on 9^th May 2016. Under s. 35(2) of the RMA, council is obliged to monitor the effectiveness and efficiency of its policies (amongst other things), and to make the results of that monitoring publicly available at least every five years.  Council is therefore obliged to report by 9^th May 2021 on its monitoring review.

 

A decision to allocate staff time and resource to reviewing the RPS had been ‘put on hold’ until further information on resource management system reform was available, given the potentially significant changes to the planning regime.  The recent announcement^[4] of government as to the timing of reform, confirms the Natural and Built Environments Act as being the primary replacement for the RMA. A Strategic Planning Act and Climate Change Adaptation Act will progress in parallel – all three Bills are intended to be introduced to Parliament in December 2021 and enacted by December 2022. The government has also confirmed that regional spatial planning will play a key role in the new regime as will long-term regional spatial strategies and combined regional / district plans. Announcements to date have been silent on the future of Regional Policy Statements - it appears quite possible that they will no longer be needed under a combined plan regime. There are several other drivers in addition to monitoring the effectiveness of the existing policies that should also be considered in initiating the review:

·    Key changes to national legislation / policy which:

­  result in gaps that are likely to require changes to the RPS (e.g. the NPS Freshwater Management 2020 and NPS on Urban Development 2020)

­  mean the existing text is obsolete (e.g. the definitions of regionally significant infrastructure are likely to need updating given drinking water reforms and the effect of the NES freshwater; and there are potential inconsistencies with the National Planning Standards^[5])

­  The pending NPS Indigenous Biodiversity and NPS for Highly Productive Land (early/mid 2021) are likely to require changes to the RPS, or amendment of tikanga Māori and Treaty-related provisions and involvement of tangata whenua in decision-making.

·    Decisions of the Environment Court on the Proposed Regional Plan may require RPS amendments (e.g. fishing controls/marine protected areas and the water quantity decision which has emphasised the need for greater focus on water harvesting and storage).

·    Matters such as climate change which are not comprehensively addressed - the RPS is primarily focused on managing risks of natural hazards and is comparatively silent on adaptation and mitigation (noting regional councils will be required to consider greenhouse gas emissions in discharge consents at the end of 2021 and the Government will be developing emissions reduction plans and budgets in the near future).

·    There has also been updates to guidance (MfE 2017) on the management of coastal hazards and approaches to adaptation released after the RPS became operative.

·    Other emerging issues may require changes (such as water resilience and greater emphasis on land use / land use change in response to water quality issues and climate change).

Given the inherent uncertainty at this stage as to the exact nature of regional policy statements. and the need for changes to the RPS as a consequence of national legislation, it may be more efficient in terms of staff and financial resources to hold off the 5yr review. There is a risk that council may be asked to provide its 5yr review and not be able to do so as it has not been done. Given the comprehensive review of the RMA planning framework and repeal of the Act, this risk is deemed to be low.

 

24 February 2021

 

TITLE:	Process for managing consent compliance monitoring
ID:	A1413033
From:	Tess Dacre, Compliance Monitoring Manager
Authorised by:	Colin Dall, Group Manager - Regulatory Services, on 17 February 2021

 

Council’s IRIS database is used for the tracking and managing our consent processing and compliance monitoring functions.  IRIS has the ability to schedule “tasks” and “activities” – which give reminders to officers (via email and IRIS Homepage reminders) when those tasks and activities are due to be carried out. 

Key steps in the process for managing compliance monitoring are:

1.      Consent is granted and issued. An “Authorisation” (AUT) record in IRIS is set up.  Annual charging details are set on this record and details such as the lapsing and expiry dates for the consent are recorded.

2.      Consents Team assign a task to monitoring administrator to set up a “Regime” (REG) record in IRIS.  The REG record is used for all compliance monitoring activities associated with that consent (or suite of consents).

3.      Once the REG has been set up a task is allocated to the assigned Monitoring Officer (AMO).  This task requires the AMO to enter a monitoring programme into IRIS and to create the necessary activities for monitoring of the consent. Monitoring programmes are based on consent requirements and the scale, nature and potential adverse effects of the consented activity.

4.      AMO undertakes required monitoring as per the programme and enters compliance data into IRIS.

5.      Reports are used to:

Ÿ Check where data is missing (e.g. a monitoring programme has not been entered). Exception reports are generally run on a monthly basis.

Ÿ Check what monitoring is due or overdue.

Ÿ Track progress on meeting targets and objectives.

Ÿ Report on compliance levels, trends etc.

6.      All processes are documented in Quality Procedures Manuals and/or Promapp.  Attached are two flow diagrams taken from the documented procedures.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nil – presented for information purposes