Planning and Regulatory Working Party

Wednesday 26 May 2021 at 9.30am

 

 

AGENDA

 


Planning and Regulatory Working Party

26 May 2021

Planning and Regulatory Working Party Agenda

 

Meeting to be held in the Committee Room, 36 Water Street, Whangārei

and via Zoom video and teleconferencing

on Wednesday 26 May 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 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      Wetland Comms - verbal update

4.3      Planning and Policy Work Programme                                7

4.4      Regulatory Services Update                                                10

4.5      Proposed Regional Plan Update                                         15

4.6      Water Quality Plan Change Update                                   17


Planning and Regulatory Working Party                                                            item: 4.1

26 May 2021

 

TITLE:

Record of Actions

ID:

A1446103

From:

Rachael King, Planning and Policy/Maori Relationships Administrator

Authorised by:

Ben Lee, GM - Strategy, Governance and Engagement, on 21 May 2021

 

Executive Summary | Whakarāpopototanga

The purpose of this report is to present the Record of Actions of the last meeting held on 24 February 2021 for review by the meeting.

 

Attachments | Ngā tapirihanga

Attachment 1: Minutes of Meeting - 24 February 2021   


Planning and Regulatory Working Party  ITEM: 4.1

26 May 2021Attachment 1

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Planning and Regulatory Working Party                                                            item: 4.3

26 May 2021

 

TITLE:

Planning and Policy Work Programme

ID:

A1445147

From:

Alison Newell, Natural Resources Policy Manager

Authorised by:

Ben Lee, GM - Strategy, Governance and Engagement, on 21 May 2021

 

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.

Activity

Detail

When

Coastal occupation charging

TTMAC advice is that COC is of great interest and they wish to be involved in development of any COC policy. Next step is for a council workshop to decide whether to proceed with a plan change on COC, and if agreement is to proceed, seek direction on how to action TTMAC’s advice.

15 June 2021

Northland to Auckland corridor plan

Staff have been involved in the scoping of a Northland to Auckland corridor plan.

The Ministry of Housing and Urban Development are leading an initiative to develop a partnership and spatial plan for the corridor from Warkworth to Kerikeri (an area of high growth). The key output will be the identification of major infrastructure projects to support the growth.  Involves numerous government agencies.  Current focus is on confirming a governance structure.  Proposal is to use the existing Whai Kāinga collective, which has a focus on housing and includes members from Te Kahu o Taonui, MSD, TPK, district councils.

TBC

Wetland mapping

This mapping project aims to clearly define wetlands and provide certainty about where wetland rules apply. 

The draft report being prepared for MfE by Morphum (includes a mapping trial of five model designs using Northland as an example) is due to be completed by end of May.

MfE are then undertaking more work to further refine the model using the Kaipara catchment.

Council approved bringing forward funding for wetland mapping (LTP deliberations 18 May) - $125,000 in 2021/22 and 2022/23.

MFE Phase I literature review and methods report is due for release end of May 2021

 

Freshwater quality management plan change

Refer separate agenda item

Refer separate agenda item

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. Council has made a submission to the draft District Plan recently made available for feedback by FNDC.

The main reasons are to ensure the RPS is being given effect and ensure council operations (e.g. flood management) are not unduly regulated. 

Focus currently has been on:

·     advocating for sufficient water storage for unreticulated subdivisions to minimise demand on municipal supplies during droughts;

·     highlighting potential NES-Freshwater rule contravention regarding activities impacting wetlands.

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)

Beach management plan now operative.  Focus is now on implementation. Main implementation action for NRC is a plan change to the Regional Plan.

Advice to board – ongoing

Beach management plan change later this year

NRC input into national proposals

Council has made submission on DoC’s proposal for marine mammal sanctuary in support. Council staff continue to engage with MfE (and DIA) in particular in regards RMA and development of national guidance. Staff are involved in various working groups from local government including the Biodiversity Special Interest Group (SIG).

Ongoing

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. 

Priority to date has been on 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) and associated protocol and options have been presented to Council workshop.  The options will be taken back to MTAG for further refinement. 

2021

Additional sites of significance to tangata whenua – plan change

Possible plan change.  Likely to piggy-back on other water related plan change(s).

Notify with Plan Change on Freshwater

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. 

ongoing

RPS – five-year review

Council agreed to put the effectiveness and efficiency review of the RPS ‘on hold’ for the next 6 months and reconsider its decision.  Staff are starting to compile a list of matters that are a priority for change to the RPS that will be presented to council in the near future. This includes climate change, coastal hazards and regionally significant infrastructure. Staff will continue to identify other priorities for changes to the RPS.

July 2021

Te Mana o Te Wai

Council have approved $250k / yr (starting 22/23) to support tangata whenua involvement in freshwater management.  Staff are developing a draft process for developing a tangata whenua led strategy for utilising the $250k / yr and more broadly how council will support tangata whenua aspirations regarding Te Mana o te Wai.

Draft process for council and TTMAC review – July/August 2021

 

Regional Biodiversity Strategy

Once gazetted the NPS Indigenous Biodiversity will likely lead to council developing a regional strategy focused on indigenous biodiversity. Note District Councils have begun to release draft SNA maps for public feedback.

2021 - 2023

 

 

Recommended Actions | Ngā mahi tūtohutia

Nil – presented for information purposes

 

Attachments | Ngā tapirihanga

Nil

 


Planning and Regulatory Working Party                                                            item: 4.4

26 May 2021

 

TITLE:

Regulatory Services Update

ID:

A1445890

From:

Tess Dacre, Compliance Monitoring Manager

Authorised by:

Colin Dall, Group Manager - Regulatory Services, on 21 May 2021

 

Executive Summary | Whakarāpopototanga

Over the period 1 February to 30 April 2021 there were 1,133 compliance activities undertaken.  Of these, 22 (2%) were assessed as significantly non-compliant.  Seven of the significant non-compliances were for coastal permits and seven were for water discharges, with the remaining eight covering a range of different activities.  The year-to-date rate of significant non-compliance is 3%.

A total of 238 environmental incidents were recorded over the same period.  The most frequent incident type was burning and smoke nuisance, which accounted for 48 (20%) of the incidents, followed by earthworks/vegetation clearance (25) and “other water incident” (25).

Compliance staff issued ten infringement notices and 21 abatement notices in relation to non-compliant activities from 1 February to 30 April 2021.

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

1.     Earthworks without erosion and sediment controls – Totara North

Not guilty pleas have been entered. Legal counsel for NRC and the defendant appeared in the Whangarei District Court via AVL on 27 April 2021.  The defendant’s counsel was granted further time to get instructions from his client regarding what evidence is not challenged.  The hearing has been scheduled for 22-24 June 2021.

2.     Dumping of trade and industrial waste – Kaitaia

NRC made an ex parte application to the Environment Court for interim enforcement orders which were issued on 6 November 2020.  NRC continues to check compliance with the orders and they had not been fully met (some deadlines missed) at the time of writing this report. This is being followed up with the recipient of the orders.

3.     Burning on industrial/trade property – Whangārei

Charges were laid in the Whangārei District Court on 27 November 2020 against an individual. Court appearance on 30 April 2021 in the Whangārei District Court via AVL.  The defendant entered not guilty pleas to both charges and elected judge alone trial.  Adjourned to a case review hearing on 22 June 2021.

4.     Farm dairy effluent – Kaikohe

Charges have been laid in relation to a discharge of farm wastewater on 5 August 2020.  The first court appearance is scheduled for 25 June 2021 in the Kaikohe District Court.

5.     Farm dairy effluent – Kaitaia 

Charges have been laid in relation to a discharge of farm wastewater on dates between 31 August and 8 September 2020.  No court dates have been scheduled.

 

Recommended Actions | Ngā mahi tūtohutia

Nil – report for information purposes only

Attachments | Ngā tapirihanga

Attachment 1: WWTP Table Update - May 2021  

 


Planning and Regulatory Working Party  ITEM: 4.4

26 May 2021Attachment 1

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Planning and Regulatory Working Party                                                            item: 4.5

26 May 2021

 

TITLE:

Proposed Regional Plan Update

ID:

A1444809

From:

Alison Newell, Natural Resources Policy Manager

Authorised by:

Ben Lee, GM - Strategy, Governance and Engagement, on 20 May 2021

 

Executive Summary | Whakarāpopototanga

Since the last Working Party update (24 February 2021), Environment Court hearings have been held or decisions released on:

Ÿ  Topic 5 (Water Quality) – hearing held 4-5 May

Ÿ  Topic 8 (Agrichemicals) – hearing held 27-29 April

Ÿ  Topics 3 & 4 (Water Quantity) – decision released 16 March

Ÿ  Topic 10 (Infrastructure & Energy) – decision released 9 March

Ÿ  Topic 11 (mapping of Significant Ecological Areas (SEAs) and Marsden Port Point Port Zone) – decision released on 5 March – decision released on related claim for costs against Northport by Royal Forest & Bird Protection Society 17 May

Ÿ  Topic 11 (mapping of SEAs and Biodiversity) – decision released 1 April

 

Scheduled Hearings

Ÿ  Topic 14 (Fishing Controls / Marine Protected Areas)

This is set down for hearing weeks of 12 – 23 July and 2 - 6 August. Court facilitated expert conferencing over four days in June has been scheduled focusing on key issues relating to fishing controls, ecology, economics and planning.  This is likely to be a major hearing generating significant interest with highly polarised views as to the suitability of the RMA versus fisheries legislation for managing marine biodiversity.

 

Other Appeals or Next Steps directed by the Court

Ÿ  Topic 1 (Aquaculture)

Informal discussions continue with parties to try to refine matters to be heard or, preferably, reach agreement.

Ÿ  Topic 11 (SEAs and Biodiversity)

Revised maps inserting additional SEAs (Hokianga, Bay of Islands) or removing areas from SEAs (Mangawhai) have been prepared along with provisions amended as per the Court decision and circulated to parties for comment. Parties have opportunity to provide feedback. If agreement cannot be reached then the matter will go back to the Court for its decision or be set down for further hearing.

Ÿ  Topic 15 (Mangroves) High Court hearing on NES-F 2020 Jurisdiction

This has been set down for hearing in Auckland on 6 September.  Appellants are required to provide their evidence by 27 May, and council and the respondent (Mangawhai Harbour Restoration Society) by 3 June.

Ÿ  Topic 16 (Stock Exclusion)

Hearing time is likely to be requested as parties have not indicated they are prepared to change their positions sufficiently to reach agreement.


 

Ÿ  New Topic 17 (Outstanding Natural Landscapes (ONLs) in the Coastal Marine Area (CMA)

Draft maps have been circulated to parties as directed by the Court for comment. These do not include cultural components which are to be added after consultation. Council has to now undertake a limited consultation exercise with parties to the appeals, “community groups” and tangata whenua.  Council has suggested to parties that this consultation be restricted to:

Ÿ  Parties to the appeals

Ÿ  Community groups who made submissions on the Regional Policy Statement ONL provisions

Ÿ  Current coastal permit holders within the new mapped ONLs

Ÿ  Tangata whenua who: made submissions on the Regional Policy Statement ONL provisions; have lodged IMPS/HEMPS with Council; have Statutory Acknowledgements/Treaty Settlements that are relevant; have lodged MACA claims; on TTMAC.

All parties have already received map link to revised maps and have also been asked to suggest any additional community groups or tangata whenua not covered in the above. Council is required to report back to the Court by 31 July on the outcomes of that consultation.  Once approved by the Court, the ONLs in CMA maps and related worksheets will be publicly notified for submissions in September.  Those submissions will be provided to the Court for a final decision. An update to TTMAC on this will be presented at the June TTMAC meeting.

 

Recommended Actions | Ngā mahi tūtohutia

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

 

Attachments | Ngā tapirihanga

Nil

 


Planning and Regulatory Working Party                                                            item: 4.6

26 May 2021

 

TITLE:

Water Quality Plan Change Update

ID:

A1445667

From:

Brenda Baillie, Policy Specialist

Authorised by:

Ben Lee, GM - Strategy, Governance and Engagement, on 20 May 2021

 

Executive Summary | Whakarāpopototanga

Provided below is:

1.     a draft outline of the engagement process for NRC’s water quality plan change

2.     an update on the two stakeholder groups - Tangata Whenua Water Advisory Group (TWWAG) and the Primary Sector Liaison Group (PSLG)

3.     progress on freshwater mitigation scenario modelling by NIWA

1.     Engagement process for NRC’s water quality plan change (see Attachment 1)

NRC is working with the two stakeholder groups (TWWAG, PSLG) and other key stakeholders directly (ie. DoC, district councils, NGOs) in the development of a draft water quality plan. The draft plan will go out for consultation in February 2023 with the aim to notify the proposed plan change by September 2023. The engagement process flow chart is a live document and will be updated as the engagement process progresses

2.     Stakeholder Groups

TWWAG have had their third meeting and have agreed to a Terms of Reference. They are awaiting Council’s consideration of renumeration and the next meeting will be in June. The group is aiming to provide a report to the next TTMAC meeting. They are looking to hold an informal workshop to fine tune their workplan and collect information on existing tangata whenua actions/projects relating to freshwater in Northland.

The PSLG will have their third meeting in late May. At the last meeting, they agreed to their Terms of Reference and received a presentation from Manas Chakraborty on the current state of water quality in Northland. A work programme will be outlined at the next meeting, along with a presentation on the NPS-FM National Objectives Framework process and a draft on-line Freshwater Management Unit (FMU) viewer containing key features of the FMU and water quality state characteristics.

3.     NIWA freshwater mitigation modelling

NIWA has completed a modelling exercise using the model CLUES to assess the effectiveness of four mitigations on reducing nitrogen, phosphorus and sediment loads and microbial contamination. The four mitigation are: fencing off streams, fencing plus riparian planting, converting non-forested highly erodible land to forest cover and constructed wetlands in headwater streams. NIWA is currently writing up the results and a final report is due at the end of June 2021.

The CLUES model focuses on agricultural land and is unsuitable for modelling planted forests. NRC is investigating alternative options to assess the effects of mitigation interventions on water quality from planted forests. An additional $50k was secured through the LTP process to assist with this.

 

Recommended Actions | Ngā mahi tūtohutia

Nil – presented for information purposes only

 

Attachments | Ngā tapirihanga

Attachment 1: Water Quality Plan Change Engagement Process  

 


Planning and Regulatory Working Party  ITEM: 4.6

26 May 2021Attachment 1

 



[1] Only includes activities within the Planning and Regulatory Working Party’s areas of interest.  For example, it does not include transport or climate change planning (which Planning and Policy staff are assisting with).