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Planning & Regulatory Working Party Wednesday 25 August 2021 at 9.30am
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Planning & Regulatory Working Party Wednesday 25 August 2021 at 9.30am
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Planning and Regulatory Working Party
25 August 2021
Planning & Regulatory Working Party Agenda
Meeting to be held in the Committee Room, 36 Water Street, Whangārei
and via Zoom video and teleconferencing
on Wednesday 25 August 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 & Regulatory Working Party
Cr Joce Yeoman (Chair)
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Cr Amy Macdonald |
Cr Colin Kitchen |
Cr Justin Blaikie |
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Cr Penny Smart (ex officio) |
Juliane Chetham |
Mira Norris |
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Rowan Tautari |
William Sullivan |
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Item Page
1.0 KARAKIA TIMATANGA
2.0 Ngā Whakapahā | apologies
3.0 Ngā Whakapuakanga | declarations of conflicts of interest
4.1 Record of Actions 3
4.2 Update on Burning Communications 7
4.3 Planning and Policy Work Programme 8
4.4 Update on Water Plan Change 11
4.5 Proposed Regional Plan - Appeals Update 12
4.6 RPS Review 14
4.7 Planning & Legislative Reform 16
4.8 Submissions Update 20
4.9 Compliance Monitoring Update 22
5.0 KARAKIA WHAKAMUTUNGA
Planning and Regulatory Working Party item: 4.1
25 August 2021
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TITLE: |
Record of Actions |
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From: |
Rachael King, Planning and Policy/Maori Relationships Administrator |
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Authorised by: |
Ben Lee, GM - Strategy, Governance and Engagement, on 17 August 2021 |
Whakarāpopototanga | Executive Summary
The purpose of this report is to present the Record of Actions of the last meeting held on 26 May 2021 for review by the meeting.
Ngā tapirihanga | Attachments
Attachment 1: Minutes of Meeting - 26
May 2021 ⇩ 
25 August 2021
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TITLE: |
Update on Burning Communications |
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From: |
Colin Dall, Group Manager - Regulatory Services |
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Authorised by: |
Colin Dall, Group Manager - Regulatory Services, on 18 August 2021 |
Whakarāpopototanga | Executive Summary
As a proactive measure to attempt to reduce burning and smoke nuisance complaints / incidents over autumn and winter, the Northland Regional Council issued the media release: “Autumn burning prompts reminder of rural, urban rules” - https://www.nrc.govt.nz/news/2021/april/autumn-burning-prompts-reminder-of-rural-urban-rules/ on 9 April 2021.
Posters on burning were also prepared and displayed in our main and regional offices, and two social media posts were released. The responses to the latter were:
Ÿ 9 April media release 4,924 people reached; 35 reactions, comments and shares
Ÿ 16 April Whangārei urban burning 1,789 people reached, 7 likes, comments and shares
During the period 17 April – 17 August 2021, the council received 69 burning and smoke nuisance complaints. For the same period from 2012 to 2020, the numbers of such complaints received were:
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2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
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54 |
72 |
73 |
62 |
64 |
82 |
92 |
103 |
97 |
Average = 78
So, the number of complaints received this year is below the average for the previous nine years and the lowest since 2016. Therefore, arguably the communications had a positive effect, although other factors, such as the weather, could also explain or have contributed to the relatively low number of complaints.
1. That the Working Party receive the update and provide verbal feedback.
Nil
Planning and Regulatory Working Party item: 4.3
25 August 2021
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TITLE: |
Planning and Policy Work Programme |
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From: |
Alison Newell, Natural Resources Policy Manager |
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Authorised by: |
Ben Lee, GM - Strategy, Governance and Engagement, on 18 August 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.
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Detail |
When |
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TTMAC have advised that COC is of great interest, and they wish to be involved in development of any COC policy. At their meeting on 12 August TTMAC agreed to the Māori Technical Advisory Group and staff co-designing a draft discussion document which will then presented to TTMAC for endorsement for Council’s consideration. |
November 2021 (TTMAC endorsed draft discussion document presented to council). |
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Northland to Auckland corridor plan |
There have been no major developments. |
Ongoing |
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Council approved bringing forward funding for wetland mapping (LTP deliberations 18 May) - $125,000 in 2021/22 and 2022/23. This mapping project aims to clearly define wetlands and provide certainty about where wetland rules apply. MfE trialled wetland mapping techniques in Northland. The output of the MfE was evaluated in July by several NRC staff and found to be less than 50% accurate, with many false positives and negatives. No meaningful outcomes for wetland detection were found. Kaipara catchment (KMR lead) wetland mapping Stage 1 has started. New oblique images are captured, and wetland site identified - due mid-September. Stage 2 (wetland delineation) tender process is awaiting Stage 1 completion. |
Project plan due September. RFP and tenders October. |
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Freshwater quality management plan change |
Refer separate agenda item |
Refer separate agenda item |
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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) |
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Proposed Regional Plan appeals |
Refer separate agenda item |
Refer separate agenda item |
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District plan changes and consents |
Council has joined appeals to Plan change 78 (Mangawhai) with particular interest in water related matters. Kaipara District has published series of consultation documents on their draft proposed District Plan which are being reviewed by staff. |
Ongoing |
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Treaty settlement process |
Supporting Treaty settlements as there are implications for council’s activities. Currently involved in the Kaipara Moana settlement process. |
Ongoing |
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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 |
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NRC input into national proposals |
Council has made submission on MfE’s Exposure Draft of the Natural & Built Environments Act. 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 |
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Regional Plan guidance material |
The planning team is working with the Māori Relationships team and MTAG and is planning a 1-day workshop with key Māori RMA practitioners to further refine guidance for applicants |
2021 |
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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 |
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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 |
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RPS – five-year review |
Refer separate agenda item |
Refer separate agenda item |
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Te Mana o Te Wai |
Council have approved $250k / yr (starting 22/23) to support tangata whenua involvement in freshwater management. Staff are in the process of working out a proposal for how the ‘plan’ will be developed for utilising the $250k / yr and more broadly how council will support tangata whenua aspirations regarding Te Mana o te Wai. Issues currently being worked through are how it overlaps with the ‘Treaty / Te Tiriti health check’ and the extent to which it should be broadened to ‘te mana o te taiao’ (not just water – but the wider natural environment). |
Draft process for council and TTMAC review – Sept/Oct 2021
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Regional Biodiversity Strategy |
Once gazetted the NPS Indigenous Biodiversity will likely lead to council developing a regional strategy focused on indigenous biodiversity. Anticipated to be gazetted September 2021. |
2021 - 2023 |
Nil – presented for information purposes only
Nil
Planning and Regulatory Working Party item: 4.4
25 August 2021
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TITLE: |
Update on Water Plan Change |
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From: |
Brenda Baillie, Policy Specialist |
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Authorised by: |
Ben Lee, GM - Strategy, Governance and Engagement, on 18 August 2021 |
Whakarāpopototanga | Executive Summary
Provided below is:
1. an update on the two stakeholder groups - Tangata Whenua Water Advisory Group (TWWAG) and the Primary Sector Liaison Group (PSLG)
2. progress on our freshwater environmental monitoring review
3. progress on freshwater mitigation scenario modelling by NIWA
1. Stakeholder Groups
TWWAG held a full day wananga on 13 August using a summary report produced by one of the members and started to flesh out more detail on their workplan, as well as brainstorming on key aspects including what Te Mana o te Wai means for Te Taitokerau, the importance of whakapapa, links between mana and mauri, and principles including mana whakahaere, mana motuhake, and utu. They will have a second all day wananga on 13 September to continue developing their initial draft report and workplan.
The PSLG have their next meeting scheduled for 24 August. NRC are providing a strawman (conceptual outline of the National Objectives Framework Process) for the PSLG to provide feedback on, and the August meeting will make a start on identify freshwater issues and challenges and long-term visions.
2. Northlands’s freshwater environmental monitoring review
3. NIWA freshwater mitigation modelling
NIWA has completed their report on river water quality state in Northland and the effectiveness of four mitigation scenarios (fencing, riparian planting, planting highly erodible land and wetlands) in reducing contaminant loads (sediment, nitrogen, phosphorus, microbial contamination). NRC’s economics team are in the process of providing costings for those scenarios. Once completed the results will be presented to Council.
Nil – presented for information purposes only
Nil
Planning and Regulatory Working Party item: 4.5
25 August 2021
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TITLE: |
Proposed Regional Plan - Appeals Update |
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From: |
Alison Newell, Natural Resources Policy Manager |
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Authorised by: |
Ben Lee, GM - Strategy, Governance and Engagement, on 18 August 2021 |
Whakarāpopototanga | Executive Summary
Since the last Working Party update (26 May 2021), Environment Court hearings have been held or decisions released on:
Ÿ Topic 5 (Water Quality) – decision released 30 July
Ÿ Topic 8 (Agrichemicals) – decision released 9 July
Ÿ Topics 7 & 9 (Discharges to land and water, Land use & disturbance) – decision released 3 June
Ÿ Topic 11 (SEAs and Biodiversity) – decision released on mapping 1 July
Ÿ Topic 14 (fishing controls/MPA) – hearing held 12-23 July 2-6 August – decision anticipated early 2022
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)
The only outstanding matters are which rules are relevant to Significant Bird Areas (SBA) which are being discussed amongst parties.
Ÿ Topic 15 (Mangroves) High Court hearing on NES-F 2020 Jurisdiction
This has been set down for hearing in Auckland on 6 September.
Ÿ Topic 16 (Stock Exclusion)
This has been set down for hearing for 4-6 October.
Ÿ New Topic 17 (Outstanding Natural Landscapes (ONLs) in the Coastal Marine Area (CMA)
Having considered the advice of TTMAC, council had made a formal request to the Court to ‘press pause’ on the s.293 process to allow more time to consult with tangata whenua over the mapping. This request was declined by the Court and additional time added to allow for feedback on draft maps.
Council reported to the Iwi and Local Government Chief Executives Forum on this matter and as a consequence the iwi Leaders and mayors of the three district councils have agreed to write a joint letter to Ministers of Environment, Conservation and Local Government expressing their concerns over the damage to relationships that continuing with the s.293 process could cause with tangata whenua in particular.
At their August meeting TTMAC also decided to send a similar letter.
Council will submit another request to the Court to ‘press pause’ and follow up with a letter to the Minister of Conservation requesting her support.
Ÿ Other matters
There are several other relatively minor appeal points that staff continue to work towards resolution with parties.
1. That the Planning and Regulatory Working Party receive the update and provide verbal feedback.
Nil
Planning and Regulatory Working Party item: 4.6
25 August 2021
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TITLE: |
RPS Review |
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From: |
Alison Newell, Natural Resources Policy Manager |
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Authorised by: |
Ben Lee, GM - Strategy, Governance and Engagement, on 18 August 2021 |
Whakarāpopototanga | Executive Summary
The Regional Policy Statement for Northland (RPS) is due for a 5-year efficiency and effectiveness review. Council previously “parked” the review for six months (until October) pending further information from central government on Resource Management Act (RMA) reform and other legislative changes.
Given council will revisit the decision to park the RPS Review at its October meeting, this paper proposes a ‘high level’ and limited scope review. It also proposes a way forward to progress the review to ensure that council meets its legislative responsibilities.
1. That the Planning and Regulatory Working Party receive the update.
2. That the Planning and Regulatory Working Party approve the proposed process for undertaking the RPS Five Year Review.
Tuhinga | Background
Section 35 of the Resource Management Act 1991 requires councils to monitor the efficiency and effectiveness of policies, rules, or other methods in policy statements and plans and to make the results of such monitoring available to the public at intervals of not more than five years. The Regional Policy Statement for Northland became operative in May 2016 and is, therefore, due for review.
An analysis of other councils’ approaches to reviews has been undertaken and these vary widely in scope, with some councils engaging external consultants and undertaking widespread public consultation, while others have limited the assessment to a desktop analysis of information available in house. It is proposed that Council adopt the latter approach, with a desktop evaluation based on the following information:
Ÿ Resource consents data
Ÿ Compliance and complaints information
Ÿ State of the Environment monitoring
Ÿ Evidence from staff
Ÿ Committee minutes and agenda items
Ÿ Consultation with District Council staff and tāngata whenua
They have used this information to answer five simple questions:
Ÿ Have we done what we said we’d do?
Ÿ Have we achieved what we said we’d achieve?
Ÿ How do we know if our actions led to the outcomes observed?
Ÿ Have we achieved the outcomes at a reasonable cost?
Ÿ Are we focused on the right issues?
Another aspect of the review is to consider whether there are any important matters that have not been adequately addressed within the RPS. Since the initial drafting of the RPS, the effects of global climate change have become increasingly apparent. The release of the latest reports from the Intergovernmental Panel on Climate Change highlight the urgent need to focus on addressing this issue and it is possible that amendments may be required to the RPS.
Another area that potentially requires amendment is the identification of Regionally Significant Infrastructure in Appendix 3 of the RPS to reflect legislative changes (3 waters reform) to entities managing water infrastructure.
The RPS also has to be updated by November 2022 to meet various National Planning Standards requirements such as structure, definitions, and lists of national legislation etc and an e-version made available.
Proposed Process for Five Year Review
It is proposed that the Policy team will prepare the review current RPS to answer the five questions and to identify key gaps (if any) then circulate the draft for comment to other relevant areas of council. Information gathered as part of the ongoing Treaty health checks can also be incorporated to provide additional perspectives from tangata whenua. Staff propose that the draft review document be also shared with the Māori Technical Advisory Group (MTAG) for their feedback.
Once a draft review is completed, this will be discussed with council in a workshop. The draft review will be then revised as necessary prior to seeking Te Taitokerau Māori and Council (TTMAC) advice prior to council adoption.
No public consultation is proposed given the upcoming change to Resource Management legislation. It is unclear how much focus will be devoted to amending the current planning documents, however, staff do propose sharing the draft review with the district councils for their feedback and comment.
Any identified changes needed to the RPS would be done via separate processes (eg. Schedule 1 of the RMA) as required.
Nil
Planning and Regulatory Working Party item: 4.7
25 August 2021
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TITLE: |
Planning & Legislative Reform |
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From: |
Justin Murfitt, Strategic Policy Specialist |
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Authorised by: |
Ben Lee, GM - Strategy, Governance and Engagement, on 18 August 2021 |
Whakarāpopototanga | Executive Summary
This report outlines key elements of the government’s policy and legislative reform programme of interest to council.
The programme includes a significant number of proposals / consultations by several ministries across workstreams, including the future of local government, resource management system reform, climate change, biodiversity, freshwater, and land. The programme is particularly condensed in the period from now until late 2021 / early 2022.
Staff have assessed priorities for council focus given the pace and scale of the programme – this shows that it is likely council will have an interest in submitting on the majority of the proposals open for consultation, but given the scale and pace of the programme, opportunities for formal council consideration of draft submissions may be limited.
It is requested that the Working Party confirm priorities for council focus and acknowledges the programme may mean an increased use of delegated authority for approving submissions prior to lodgement with the relevant government agency.
1. That the report be received.
2. That the Planning and Regulatory Working Party confirm priority areas of the upcoming government consultations for council focus and submission where appropriate.
3. That the Working Party recognise the potential constraints on formal council input into the proposals given the scale and pace of the government programme.
Tuhinga | Background
The government has an ambitious policy and legislative work programme for the remainder of 2021 and early 2022 – this includes proposals and associated consultation across resource management system reform, climate change, biodiversity, freshwater, and land run by several government ministries (including Ministries for the Environment and Primary Industry, and the Department of Internal Affairs).
Council has submitted on a number of proposals to date including the exposure draft of the Natural and Built Environment Bill, while others are ‘in progress’ (such as input into Freshwater Farm Plan proposals and changes to the stock exclusion regulation maps).
The government programme is summarised in Attachment 1. It is likely council will have an interest in submitting on many of the upcoming proposals open for consultation given the implications and potential impact on local government functions and / or resourcing.
The government programme is particularly condensed from now until the end of 2021 and early 2022. As consultation timeframes are likely to be tight and staff resources are limited, a high-level assessment of the proposals in terms of the implications / significance to council and Northland is set out in Table 1 below – notably much of the programme can be considered a priority.
Table 1: Note not all initiatives are listed in Appendix 1.
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Topic / workstream |
Initiative |
Consultation timeframe |
Priority |
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Freshwater (MfE) |
Freshwater Farm Plans (structure and administrative regime for freshwater module for farm plans under s9A RMA) |
Closes 12 September (submission in progress) |
High – has cost / procedural implications for primary producers and specific information, administration, and enforcement roles for council |
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Stock exclusion regulations – low-slope maps (identifies low-slope land and application of stock exclusion regulations) |
Closes 12 September (submission in progress) |
High – has implications for Proposed Plan rules and how stock access to freshwater is managed. |
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Three waters – Water Services Entity Bill (establishes water entity and governance regime for 3 waters management). |
Late 2021 |
High –Implications for local government influence on 3 waters infrastructure management and provision |
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National Environmental Standards for Freshwater (national ‘rules’ for management of ‘high-risk’ farming activity, wetlands and fish passage) |
Not listed (but changes signalled for late 2021) |
High – wetland provisions have been extremely problematic. Implications for regional rules / plan content. |
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National Environmental Standards for Drinking Water (national ‘rules’ to manage risks to drinking water sources) |
August - ? |
High – implications for regional rules / council consenting functions. |
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Climate change policy (MfE) |
Emissions Reduction Plan under Climate Change Response Act 2002 (sets government policy on reducing GHG emissions). |
September - ? Gazettal Dec 2021 |
High –Significant implications for well-being in the region given reliance on primary production / exposure to emissions pricing. |
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National Adaptation Plan under Climate Change Response Act 2002 (sets government policy and priorities for adaptation). |
First quarter 2022 |
High – Implications for Northland’s strategic priorities for adaptation and implementation approach. |
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Guidelines for local government climate change risk assessments (MfE) |
Likely early September (unclear if open for feedback) |
Low/Moderate – guidelines only and likely high level. Risk assessment guidance already available for some areas (e.g. coastal hazards) |
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Resource Management System reform (MfE) |
Strategic Planning Act (sets out governance and requirements for regional spatial strategies that will direct development planning) |
December 2021 |
High – significant implications for regional/district planning and growth. |
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Climate Change Adaptation Act (sets out legal framework for managing climate change adaptation) |
December 2021 |
High – significant implications for managing natural hazards and potentially property rights. Northland is particularly exposed to climate change related natural hazards. |
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Natural and Built Environment Act (replacement for the RMA – sets out planning framework and processes including outcomes and limits) |
January 2022 |
High – major implications for council roles / functions, including plan-making and consenting. Significant implications for well-being especially if ‘hard’ limits set nationally. |
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Biodiversity / Land (MfE) |
National Policy Statement for Biodiversity (sets government policy direction for protecting / enhancing indigenous biodiversity) |
Late 2021 (delayed) |
High – implications for priorities, roles and management of biodiversity and associated regulatory framework. Potential for comparatively significant impact on Northland given natural values. |
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National Policy Statement for Highly Productive Land (sets policy / regulatory framework for protecting highly quality production land) |
Unclear – gazettal scheduled for late 2021 |
Moderate/High – implications for district and regional planning / rules. |
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Future of Local Government (DIA) |
Interim report – high level direction on issues and potential future of local government |
September 2021 |
Moderate/High - very early stages but sets tone for following reports / recommendations (final report due mid-2023) |
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Other |
Draft waste strategy - MfE (sets out priorities and actions to reduce waste) |
September 2021 |
Low – more relevant to district councils. |
Feedback from the Working Party on the assessment of priorities set out above is sought.
Given the timeframes for consultation are likely to be tight, it is unlikely that all draft submissions will be able to be put to formal council meetings for consideration and approval of draft submissions under delegated authority may be necessary at times. Staff recognise this is not ideal and will however try to schedule workshops for the more significant topics and circulate draft submissions to elected members as early as possible for comment.
Staff would also like to engage both TTMAC and MTAG as much as possible where time allows, especially in relation to resource management reform proposals. It is requested that the Working Party acknowledge and endorse this approach to council input into the government proposals given the scale and pace of the programme.
Nil
Planning and Regulatory Working Party item: 4.8
25 August 2021
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TITLE: |
Submissions Update |
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From: |
Ingrid Kuindersma, Policy Planner |
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Authorised by: |
Ben Lee, GM - Strategy, Governance and Engagement, on 18 August 2021 |
Whakarāpopototanga | Executive Summary
The following summarises key submissions that council has made on district and national planning matters.
Mangawhai Plan Change
Ÿ Council has joined two appeals as a party under Section 274 of the RMA to Proposed Plan Change 78 granted by Kaipara District Council. The purpose of joining the appeals is to maintain a watching brief on the appropriate provision of infrastructure, particularly water supply and wastewater. Environment Court mediation is proposed with the parties to the appeals on the 13 September 2021.
Ÿ Chapter 16 of the Operative Kaipara District Plan currently provides for a masterplan style development on a 130ha property at 83 Molesworth Drive, Mangawhai. A private plan change application was lodged by the developer proposing significant revisions to this chapter. Key changes include:
- Removal of the 500-household unit cap resulting in the potential for approximately 1000 residential units.
- Deleting zones and adding new zones resulting in more residential development and less business land
- Reducing the amount of open space/green network required
- Simplifying the planning maps to a Zoning Map and a single Structure Plan Map.
Ÿ The proposal was considered by an independent hearings panel who recommended approval of the plan change and the recommendation was accepted by Kaipara District Council on 28 April 2021.
Ÿ This decision was subsequently appealed to the Environment Court by Clive Boonham and Mangawhai Matters Inc. The appeals raise a number of issues, including adequate provision of infrastructure with particular regard to water supply and wastewater.
Ÿ Council staff are currently reviewing the technical information supplied during the application process and considering whether any further input is required, and any possible changes considered appropriate to ensure the adequate provision of water and wastewater infrastructure.
Kapiro Road Subdivision
Ÿ Council lodged a submission on a significant subdivision proposal at Kapiro Road, Kerikeri, again focussed on water-related concerns. The applicant has subsequently placed the application on hold to allow them to address issues raised during the submission process.
Bay of Islands Marine Mammals Sanctuary
Ÿ Council’s submission in support of the BOIMMS was received by DoC. There were a total of 645 submissions, 187 of which were a template submission from Forest & Bird members (60% of submissions were in support of the proposed marine mammal sanctuary). The submission is available on request.
Ÿ Key marine mammal experts opposed the proposal, citing misleading and highly distorted information from DoC, and by recreational boating lobby groups, whilst the proposal was supported by local businesses who already have permits for dolphin watching, and by hapū who wanted to have greater input as kaitiaki.
Ÿ No timeframe for decisions has been provided. If the Minister decides to go ahead with the proposed Marine Mammal Sanctuary, it will be notified in the New Zealand Gazette.
National Built and Environments Act
Ÿ Council made a submission on the Exposure Draft of this first piece of legislation that forms the foundation for the RMA reform. The submission is available on request.
1. That the Planning and Regulatory Working Party receive the update and provide verbal feedback.
Nil
Planning and Regulatory Working Party item: 4.9
25 August 2021
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TITLE: |
Compliance Monitoring Update |
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From: |
Tess Dacre, Compliance Monitoring Manager |
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Authorised by: |
Colin Dall, Group Manager - Regulatory Services, on 18 August 2021 |
Whakarāpopototanga | Executive Summary
Over the period 1 May 2021 to 31 July 2021 there were 2368 compliance activities undertaken. Of these, 28 (1%) were assessed as significantly non-compliant. Seventeen of the significant non-compliances were for coastal permits/discharges and the remaining were for FDE (3); land discharges (3); water discharges (3); water permit (1) and water take (1).
The 2021/22 year-to-date rate of significant non-compliance is 1.7%. A summary of consent compliance by consent type is shown in Figure 1 below. A summary of NES-PF compliance by subpart is shown in Figure 2 below.
Figure 1: RMA consent compliance 1 May 2021 – 31 July 2021
Figure 2: NES – PF compliance 1 May 2021 – 31 July 2021
A total of 199 environmental incidents were recorded over the same period. The most frequent incident type was burning and smoke nuisance, which accounted for 50 (25%) of the incidents, followed by sewage (19), earthworks/vegetation clearance (17) and “other land incident” (14).
Compliance staff issued 20 infringement notices and 36 abatement notices in relation to non-compliant activities from 1 May to 31 July 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. The hearing has been scheduled for January 2022.
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 court orders. NRC is now waiting on documentation which is required by the enforcement order.
3. Burning on industrial/trade property – Whangārei
Charges were laid in the Whangārei District Court on 27 November 2020 against an individual. The hearing is scheduled for September 2021.
4. Farm dairy effluent – Kaikohe
Charges have been laid in relation to a discharge of farm wastewater on 5 August 2020. The Court granted leave to withdraw the charges on 2 August 2021 due to further evidence becoming available.
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. The hearing has been adjourned due to illness of the defendant.
6. Asbestos removal from CMA – Whangārei
An enforcement order for the recovery of costs incurred by NRC in the removal of asbestos from a boatshed.
Nil – presented for information purposes only.
Nil
[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).
