Agenda of Climate Change Working Party

Climate Change Working Party

10 March 2021

Climate Change Working Party Agenda

Meeting to be held in the Whale Bay Meeting Room

36 Water Street, Whangārei

on Wednesday 10 March 2021, 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 Climate Change Working Party

Chairperson, Councillor Amy Macdonald

Councillor Joce Yeoman	Councillor Jack Craw	Councillor Marty Robinson
Ex Officio Penny Smart	TTMAC representative Toa Faneva	TTMAC representative Hadyn Edmonds
TTMAC representative Thomas Hohaia	TTMAC representative Rowan Tautari

Item Page

1.0 Housekeeping

2.0 apologies

3.0 declarations of conflicts of interest

4.0 Reports

4.1 Climate Change Commission Advice - Joint Submission 3

4.2 NRC Zero Carbon Transition 33

4.3 Regional Updates 49

4.4 RMA Reform 50

5.0 Business with the Public Excluded 55

5.1 Coastal Hazard Maps

Climate Change Working Party item: 4.1

10 March 2021

TITLE:	Climate Change Commission Advice - Joint Submission
ID:	A1412986
From:	Matt De Boer, Climate Change Resilience Coordinator
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 03 March 2021

Executive summary/Whakarāpopototanga

The independent Climate Change Commission recently released its first package of advice to the government. It includes advice on the first three emissions budgets and on policy direction for the Government’s first emissions reduction plan. Together, these lay out the course for reducing emissions in Aotearoa and set the direction of policy that Aotearoa takes to get there. The Commission was also asked by the Minister for Climate Change to provide advice on the eventual reductions needed in biogenic methane emissions, and on the country’s Nationally Determined Contribution.

The Commission is currently seeking feedback on the advice. Staff from the four Northland councils have prepared a draft submission, with NRC staff preparing specific points for consideration by NRC.

NRC staff seek feedback on comments under NRC’s schedule for each consultation question. We aim to complete NRC’s contribution to the joint submission for council approval prior to Mid-March close of consultation period.

The structure of the attached submission follows the report, with the commission providing consultation questions addressing the specific recommendations in the advice report. The draft submission contains a joint-council cover letter and joint-council responses to each consultation question, as well as individual responses from each council for each question where required. The submission should be read alongside the Commission’s report.

Recommended actions

1. Staff complete joint submission following feedback from the working party, to be approved under delegated authority by Chair Penny Smart, Councillor Amy McDonald and the Chief Executive Malcolm Nicolson before the close of the consultation period (14 March)

Background/Tuhinga

Aim of agenda item:

Staff from the four Northland councils have prepared a draft submission, with NRC staff preparing specific points for consideration by NRC. NRC staff seek feedback on comments under NRC’s schedule for each consultation question. We aim to complete a joint submission for council approval prior to Mid-March close of consultation period.

The structure of the submission follows the report, with the commission providing consultation questions addressing the specific recommendations in the advice report. The draft submission contains a joint-council cover letter and joint-council responses to each consultation question, as well as individual responses from each council for each question where required. The submission should be read alongside the Commission’s report.

Background:

Since 1990, Aotearoa’s emissions have increased, though they have been relatively stable in recent years. Aotearoa’s greenhouse gas emissions are about 80 million tonnes of CO₂e each year. CO₂e means ‘carbon dioxide equivalent' and is a way of describing different greenhouse gases in a common unit. Forests remove (or sequester/lock away) slightly more than 20 million tonnes of CO₂e each year.

Emissions budgets

An emissions budget is the cumulative amount of greenhouse gases that can be emitted over a certain period. The Commission’s role is to provide independent advice to enable the Minister to set emissions budgets.

Emissions budgets are multi-year emissions limits. They:

· Are a pathway for Aotearoa to meet the 2050 emissions target

· Total the emissions of all greenhouse gases permitted during the period

· Must be met, as far as possible, through domestic emissions reductions and removals

· Are accompanied by an emissions reduction plan setting out policies and strategies for meeting the budget.

From December 2021, there must be one current and two prospective emissions budgets in place at any one time.

For the budget period for 2022 - 2025, 2026 - 2030 and 2031 - 2035 the budget must be in place by 2021 and the Commission must provide advice by 31 May 2021.

The Minister is not bound to follow the Commission’s advice but must respond to the advice and explain the reasons for any departures. The Commission will:

· Monitor progress towards meeting the budgets through annual reporting and reporting at the end of each budget period

· Advise on whether any emissions may be banked or borrowed between emissions budget periods.

· Advise on limits to using offshore mitigation options to meet an emissions budget.

Emissions reduction plans

The Commission’s role is to provide advice on the direction of the policy required in the emissions reduction plan. An emissions reduction plan contains policies and strategies to reduce emissions and increase removals to meet the emissions budget. A plan must include:

· Policies targeted to different industries or sectors, to help them reduce emissions and increase removals. (Removals refers to the process to remove greenhouse gases from the atmosphere and sequester/lock them away for long periods of time)

· A strategy looking at how all industries or sectors can meet emissions budgets and adapt to the effects of climate change

· A strategy to mitigate the impacts that reducing emissions and increasing removals will have on employees and employers, regions, Iwi/Māori, and wider communities, including funding for any mitigation action

· Any other policies or strategies the Minister considers necessary.

The Commission’s monitoring reports on emissions budgets will also assess the adequacy of and progress in implementation of the emissions reduction plan.

For the emissions reduction plan covering the budget period 2022 - 2025, the Commission must provide advice by 31 May 2021.

The Climate Change Commission will be consulting with the public from 1 February - 14 March 2021 on draft advice to Government on the actions it must take to reach net-zero by 2050, and ensure a transition to a low-emissions, climate resilient and thriving Aotearoa.

Specifically, this package of advice is made up of:

· The proposed first three emissions budgets and guidance on the first emissions reduction plan, advising the Government on how the emissions budgets could be met

· Whether Aotearoa’s first Nationally Determined Contribution is compatible with contributing to the global efforts to limit warming above 1.5°C above pre-industrial levels

· Advice on what potential reductions in biogenic methane might be needed in the future (this is not a review of current targets).

The advice includes advice on the first three emissions budgets and on policy direction for the Government’s first emissions reduction plan. Together, these lay out the course for reducing emissions in Aotearoa and set the direction of policy that Aotearoa takes to get there. The Commission was also asked by the Minister for Climate Change to provide advice on the eventual reductions needed in biogenic methane emissions, and on the country’s Nationally Determined Contribution. This advice is provided in Part B of this report.

The advice and evidence reports are available here:

https://www.climatecommission.govt.nz/get-involved/our-advice-and-evidence/

Attachments/Ngā tapirihanga

Attachment 1: MASTER draft - Emissions Submission_NRC_CCWP_final_draft ⇩

Climate Change Working Party item: 4.2

10 March 2021

TITLE:	NRC Zero Carbon Transition
ID:	A1412993
From:	Matt De Boer, Climate Change Resilience Coordinator
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 03 March 2021

Executive summary/Whakarāpopototanga

The NZ government declared a climate change emergency in late 2020, and committed the public sector to be carbon neutral by 2025 (see media release dated 2nd December 2020 https://www.beehive.govt.nz/release/public-sector-be-carbon-neutral-2025).

The commitment to carbon neutrality by 2025 includes mandatory greenhouse gas (GHG) emissions reporting and carbon offsetting, as well as emissions reductions for coal boilers, vehicle fleets and government buildings. Below is the full list of commitments:

NZ Government Carbon Neutral program goals

1. Crown agencies will have to measure, verify and report emissions annually.

2. They will be required to set gross emissions reduction targets and introduce a work plan for how they will reduce emissions

3. They will have to offset after gross emissions reductions to achieve carbon neutrality

4. All coal boilers will be phased out. The largest and most active will be phased out first. Agencies will have to pay for the carbon emissions of any remaining boilers from 2025

5. Mandated agencies will be required to optimise their car fleet with the aim of reducing the number of vehicles in the Government fleet

6. Require mandated agencies to purchase electric vehicles or hybrids where EVs are not appropriate for the required use, unless their operational requirements or other circumstances require.

7. Implement an energy efficiency building rating standard over 5 years from January 2021 for all mandated property agencies you occupy single tenanted, co-tenanted or co-located government office accommodation over 2000 square meters.

8. There will be a requirement to achieve a minimum of 4 stars when establishing new leases and a minimum of 5 starts for new builds.

All Government Departments and Ministries, non-public service departments (e.g NZDF), and crown entities are covered by the requirement set out in the announcement. It does not currently include local government, although it does include DHBs.

The government will release a Climate Action Plan within the next two years. This will outline the next steps to ensure the NZ government is carbon neutral, and it is possible that local government will then be included in the list of required entities. The government has not signalled its intent either way at this stage.

Staff were asked to prepare a discussion paper looking at how NRC could be impacted if we were required, or chose to, commit to similar goals as the above. The paper was presented to a council workshop on the 26^th January, where it was requested that the paper be discussed in further detail at the Climate Change Working Party.

Recommended actions

1. Staff to investigate options to progress proposals in the discussion paper as agreed at this meeting, including obtaining quotes and developing a work program, to be reported at the next working party meeting.

Background/Tuhinga

See attached discussion paper titled “NZ govt carbon neutral commitments - Implications for NRC (CCWP Mar 2021)”

Attachments/Ngā tapirihanga

Attachment 1: NZ govt carbon neutral commitments - Implications for NRC (CCWP Mar 2021) ⇩

Climate Change Working Party item: 4.4

10 March 2021

TITLE:	RMA Reform
ID:	A1413006
From:	Justin Murfitt, Strategic Policy Specialist
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 03 March 2021

Executive summary/Whakarāpopototanga

This report provides a summary of the proposed resource management system reforms recently announced by the Government with a particular focus on climate change elements. The reform includes the replacement of the Resource Management Act 1991 (RMA) with a Natural and Built Environment Act, a Strategic Planning Act and Climate Change Adaptation Act. The proposed reforms are based on the findings of the review of the resource management system by the independent Resource Management Review Panel led by Hon Tony Randerson, QC released in June last year.

The reform process includes release of an exposure draft of the Natural and Built Environment Bill that will be referred to a special select committee during May – September 2021. The Strategic Planning and Climate Change Adaptation Bills are intended to be introduced to Parliament by late 2021. All three Bills are anticipated to be enacted by the end of 2022. The reform is the most significant review of the resource management system since the advent of the RMA in 1991.

Recommended actions

1. That the report RMA Reform by Justin Murfitt, Strategic Policy Specialist be received.

2. That the Climate Change Working Party be kept up to date as the reforms progress and is provided opportunity to input into any council submissions on the reforms.

Background/Tuhinga

The review of the resource management system was commissioned in response to broad consensus that the current system (largely as a result of the RMA) has not adequately protected the environment (particularly in relation to cumulative effects on ecosystems) or enabled urban development where it was needed especially housing supply. Other concerns with the RMA include that it has not adequately enabled participation by Māori, is poorly integrated with other acts, is complex and unwieldy and has not responded to climate change.

The Review Panel, led by retired Court of Appeal Judge Hon Tony Randerson QC, reported in June 2020 and recommended that the RMA be repealed and replaced with three new Acts:

· a Natural and Built Environments Act (NBA) to provide for land use and environmental regulation (this would be the primary replacement for the RMA)

· a Strategic Planning Act (SPA) to integrate with other legislation relevant to development and require long-term regional spatial strategies

· a Managed Retreat and Climate Change Adaptation Act (CAA) to support New Zealand’s response to the effects of climate change.

A report to Cabinet in February 2021 supported the recommendations of the panel^{^[1]}. It also proposed a prioritising development of the NBA and referring it to a select committee inquiry process prior to introduction of the Bill to Parliament given its significance. The exposure draft is to contain the main structure and headings of the NBA – it will be progressed by a Ministerial Oversight Group that will liaise with Māori, local government and selected stakeholders and have delegations to make policy decisions on all three proposals. The SPA and CAA are to follow ‘normal’ legislative process but are to be developed in parallel to the NBA, with the intention that all three of the new laws would be enacted by December 2022. More detail on the process to develop the SPA is likely to be reported to Cabinet in early-mid 2021 (a similar paper on the CAA has also been presented to Cabinet – see below).

The Governments objectives for the reform include:

· protect and where necessary restore the natural environment

· enable development within biophysical limits, including improvement in housing supply, affordability and choice, and timely provision of appropriate infrastructure

· give effect to the principles of Te Tiriti o Waitangi and provide greater recognition of te ao Māori and mātauranga Māori

· better preparation for climate change adaptation and the risks from natural hazards, and better mitigation of emissions.

· improving system efficiency and effectiveness, reducing complexity while retaining appropriate local democratic input.

Detail on the substance / scope of the new legislation have yet to be provided, however some high-level features have been signalled for the NBA and are outlined below:

The Natural and Built Environment Act (NBA) – key features

· will replace the RMA as the primary resource management legislation

· include the concept of Te Mana o te Taiao (the mana of the environment) and give effect to the principles of Te Tiriti o Waitangi. It will also uphold the integrity of settlements under the Treaty of Waitangi and arrangements between Māori and local government (such as Mana Whakahono ā Rohe)

· provide for land use and environmental regulation and identify and promote positive outcomes for the environment

· ensure the use, development and protection of natural and built environments is within biophysical limits

· require adverse effects of activities are avoided, remedied or mitigated

· include a list of ‘outcomes’ for natural environment, built environment, Tikanga Māori, rural, historic heritage, natural hazards and climate change (replacing matters of national importance in Part 2 RMA)

· include a national planning framework (to address matters of national significance or where consistency is needed - essentially combining government policy direction in national policy statements, standards and regulations

· natural and built environment plans - combined regional and district planning documents (including the CMA) that give effect to national direction / standards are to replace the 100+ district and regional plans and regional policy statements with 14 combined plans

· an improved nationally consistent monitoring and reporting system.

Initial policy decisions on the purpose of the NBA, establishment of a national planning framework (to include outcomes, bio-physical limits and national direction) and requirement for a single combined regional planning document have been made. Indicative drafting of the NBA purpose and supporting provisions is provided in Appendix 1 of the cabinet paper. This includes outcomes for natural hazards and climate change below:

· reduction of risks from natural hazards;

· improved resilience to the effects of climate change including through adaptation;

· reduction of greenhouse gas emissions;

· promotion of activities that mitigate emissions or sequestrate carbon; and

· increased use of renewable energy.

The NBA outcomes are to be provided for in regional spatial strategies prepared under the Spatial Planning Act. The Cabinet paper is light on detail related to the SPA, but key features are summarised below:

Spatial Planning Act – key features

· it will be integrated with the NBA and CAA to ensure a coherent resource management system. It will also be designed to better integrate with other key legislation relevant to development (such as the Local Government Act, Climate Change Response Act and Land Transport Act)

· will require statutory long-term (30 years) ‘multi-agency’ regional spatial strategies

· combined plans under the NBA are to be consistent with regional spatial strategies

· regional spatial strategies are to be prepared at the regional scale by joint committees comprising representatives of central government, regional councils, territorial authorities and mana whenua (to be independently chaired and agreed by consensus).

Climate Change Adaptation Act – key features

The Cabinet paper notes that the recommendations for CCAA are one of the least developed areas in the report of the review panel. There are few specific details on the Climate Change Adaptation Act (CCAA) in the Cabinet papers^{^[2]} but the purpose of the Act is to “address the complex legal and technical issues associated with managed retreat (where it is required for climate change adaptation or to reduce risks from natural hazards)” and to establish an adaptation fund.

The climate change adaptation paper to Cabinet sets out a high-level timeframe and process. It also summarises the drivers for change as:

· lack of national direction and guidance from central government for managing the effects of climate change

· difficulties addressing contentious issues in local planning

· lack of clarity for roles and responsibilities of central and local government for adaptation

· lack of ability to plan for managed retreat

· particular issues in relation to risks for Maori

· a need for an ‘all of system’ approach given the links across the three proposed pieces of law (and especially spatial planning required under the SPA and National Adaptation Plans developed under the Climate Change Response Act 2002)

The Cabinet paper states that public consultation on adaptation policy will occur late 2021 and that there are opportunities to align with consultation on the National Adaptation Plan (which will include outcome-based activity plans that set out the policies, projects and proposals to achieve adaptation outcomes for the next six years).

At a very high level, implications of the reform ‘package’ are:

· The NBA will retain much of the national direction developed under the RMA in a National Planning Framework (including national policy direction, standards and regulations) and will include bio-physical limits/bottom lines – the National Planning Framework is likely to be more prescriptive in terms of directing outcomes and the methods used

· Urban environments are likely to be managed differently than ‘natural’ environments - with an emphasis on providing for growth and associated infrastructure in urban areas (especially for housing supply)

· Greater opportunity and expectations for engagement with Māori in the new system with stronger emphasis on concepts such as Te Mana o te Taiao and matauranga Māori and giving effect to the principles of the Treaty of Waitangi

· Regional spatial planning will guide growth, infrastructure planning, climate adaptation and mitigation and protection for natural resources and will have regulatory status

· Combining district and regional plans and policy statements will likely mean less ‘local flavour’ but a simpler planning system (with lower process costs).

· Climate change mitigation and adaptation will be a strong theme in the NBA and SPA – the approach to be taken in the CCAA is an unknown but is likely to include strong government direction on natural hazard management and potentially greater powers to ‘intervene’ complemented by an adaptation fund (especially in relation to where managed retreat is the only option).

Northland is comparatively well placed to shift towards the new system outlined above given we have:

· Working relationships with Māori continue to develop (although limited progress on settlements may be an issue for delivering on government objectives)

· There are only four councils in the region (as opposed to other jurisdictions with more) and the resource management issues are similar across districts

· There are good examples of cross council collaboration already in place (such as the Mayoral and CEO Forum, Climate Adaptation Te Taitokerau, Joint Council Climate Change Committee, Northern Transport Alliance and ‘Four Waters’ Group)

· Many of the ‘building blocks’ for regional spatial planning are in place (such as maps of outstanding natural landscapes/features, natural character, the coastal environment, natural hazards, erosion prone land, outstanding freshwater bodies and infrastructure - there are also projects underway to fill gaps around biodiversity on land, wetlands and fresh water quality)

· Coordinated cross-council adaptation planning (including risk assessment) and is well underway with an Adaptation Strategy to be finalised and released over 2021.

There will no doubt be challenges in implementing the new regime especially given the ambitious timeframes – adapting to climate change (given our extensive coastline, transport infrastructure, reliance on traditional primary production and water resilience issues) is probably the most daunting – but there will be a ‘transitional’ phase between the current and new regime to minimise the disruption. The Government has also signalled there will be consultation / engagement with Māori, local government and key stakeholders prior to enactment so there will be a chance to provide input as detail emerges and to lodge submissions on the Bills as they progress. Staff will provide regular updates to the Working Party and council.

Attachments/Ngā tapirihanga

Nil

Climate Change Working Party ITEM: 5.0

10 March 2021

TITLE:

Business with the Public Excluded

Executive Summary

The purpose of this report is to recommend that the public be excluded from the proceedings of this meeting to consider the confidential matters detailed below for the reasons given.

Recommendations

1. That the public be excluded from the proceedings of this meeting to consider confidential matters.

2. That the general subject of the matters to be considered whilst the public is excluded, the reasons for passing this resolution in relation to this matter, and the specific grounds under the Local Government Official Information and Meetings Act 1987 for the passing of this resolution, are as follows:

Item No.	Item Issue	Reasons/Grounds
5.1	Coastal Hazard Maps	The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest s7(2)(c)(ii).

3. That the Independent Financial Advisors be permitted to stay during business with the public excluded.

Considerations

1. Options

Not applicable. This is an administrative procedure.

2. Significance and Engagement

This is a procedural matter required by law. Hence when assessed against council policy is deemed to be of low significance.

3. Policy and Legislative Compliance

The report complies with the provisions to exclude the public from the whole or any part of the proceedings of any meeting as detailed in sections 47 and 48 of the Local Government Official Information Act 1987.

4. Other Considerations

Being a purely administrative matter; Community Views, Māori Impact Statement, Financial Implications, and Implementation Issues are not applicable.

TITLE:	Regional Updates
ID:	A1413002
From:	Matt De Boer, Climate Change Resilience Coordinator
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 03 March 2021