Notice is given that an ordinary meeting of the Strategy and Policy Committee will be held on:
|
Date: Time: Meeting Room: Venue: Zoom conference link:
Meeting ID: Meeting Passcode: |
Thursday 29 September 2022 10.45 am Tasman Council
Chamber https://us02web.zoom.us/j/84558014075?pwd=NHB6ZG01MnhQeFNPOTJicE1tQ3I3QT09
Meeting ID: 845 5801 4075 Passcode: 257708
|
|
Strategy and Policy Committee
Komiti Rautaki me te Kaupapahere
AGENDA
|
|
MEMBERSHIP
|
Chairperson |
Cr K Maling |
|
|
Deputy Chairperson |
Cr C Hill |
|
|
Members |
Mayor T King |
Cr D McNamara |
|
|
Cr S Bryant |
Cr D Ogilvie |
|
|
Cr C Butler |
Cr T Tuffnell |
|
|
Cr M Greening |
Cr A Turley |
|
|
Cr B Dowler |
Cr T Walker |
|
|
Cr C Mackenzie |
|
(Quorum 7 members)
|
|
|
Contact Telephone: 03 543 8578 Email: tara.fifield@tasman.govt.nz Website: www.tasman.govt.nz
|
Tasman District Council Strategy and Policy Committee Agenda – 29 September 2022
1 Opening, Welcome, KARAKIA
2 Apologies and Leave of Absence
|
Recommendation That apologies be accepted. |
3 Public Forum
4 Declarations of Interest
5 LATE ITEMS
6 Confirmation of minutes
|
That the minutes of the Strategy and Policy Committee meeting held on Thursday, 18 August 2022, be confirmed as a true and correct record of the meeting. |
Nil
Nil
9.1 Review of the Joint Waste Management and Minimisation Plan 2019............................................ 4
9.2 Freshwater Planning Update................................. 16
9.3 Strategic Policy and Environmental Policy Activity Report..................................................................... 28
9.4 Chair's Report........................................................ 40
10.1 Procedural motion to exclude the public......................... 43
10.2 Tasman Environment Plan Issues and Options - Confidential............................................................ 43
11 CLOSING KARAKIA
Tasman District Council Strategy and Policy Committee Agenda – 29 September 2022
9.1 Review of the Joint Waste Management and Minimisation Plan 2019
Decision Required
|
Report To: |
Strategy and Policy Committee |
|
Meeting Date: |
29 September 2022 |
|
Report Author: |
Amy Smith, Community Policy Advisor |
|
Report Number: |
RSPC22-09-1 |
1 Summary
1.1 The Waste Management Act 2008 requires councils to review their Waste Management Plans at intervals of not more than six years. The current Joint Waste Management and Minimisation Plan (the Waste Plan) was adopted by the councils in September 2019, so must be reviewed before September 2025.
1.2 The review has been brought forward with the intention of adopting a new or amended Waste Plan by September 2023. This will allow better integration with both councils’ Long Term Plans, as well as considering the upcoming replacement New Zealand Waste Strategy and supporting legislation. This will also be of benefit for contract renewals.
1.3 The first step in the review process is to carry out a Waste Assessment to inform the subsequent review. Nelson City Council (NCC) and Tasman District Council (TDC) staff, with support from professional advisors, are currently preparing the Nelson Tasman Joint Waste Assessment 2022 (the Waste Assessment).
1.4 The initial findings of the Waste Assessment indicate that:
· since the Waste Plan was adopted in 2019, waste to landfill per capita has slightly reduced;
· putrescible waste (green and food waste) continues to be a significant quantity of total waste to landfill, at just over 15%;
· commercial and industrial waste continues to be the largest source of waste to landfill; and
· there has been a significant increase in e-waste diversion.
1.5 Staff anticipate that the current Waste Plan will require amending or revoking and replacing, due to significant upcoming changes in waste and climate change legislation as well as the initial findings in the Waste Assessment.
1.6 Staff recommend that the Council delegates the review to a Working Party of elected and/or appointed members from each Council (to be appointed after the upcoming local government elections). It is also recommended that iwi be invited to nominate representation to the Working Party.
2 Draft Resolution
That the Strategy and Policy Committee:
1 receives the report Review of the Joint Waste Management and Minimisation Plan 2019 RSPC22-09-1; and
2 notes Section 51 of the Waste Management Act 2008 requires the Waste Assessment to be prepared to inform the review of the Nelson Tasman Waste Minimisation and Management Plan 2019; and
3 notes staff from Tasman District Council and Nelson City Council are progressing the Nelson Tasman Waste Assessment and have provided an update on the initial findings; and
4 notes upcoming changes to waste and climate change legislation will be considered as part of the Waste Assessment work; and
5 agrees that the review of the Nelson Tasman Waste Management and Minimisation Plan 2019 will be undertaken jointly with Nelson City Council; and
6 agrees to delegate the review to a joint-Council Working Party; and
7 approves the Terms of Reference for the Nelson Tasman Joint Waste Review Working Party, attached to this report (Attachment 1); and
8 notes that in the new triennium members will be appointed to the Nelson Tasman Joint Waste Review Working Party; and
9 agrees that Te Tauihu Iwi Chairs be invited to nominate up to three iwi representatives to the Nelson Tasman Joint Waste Review Working Party; and
10 requests that the Nelson Tasman Joint Waste Review Working Party report back to the appropriate Committee to ensure that a new or amended Waste Management and Minimisation Plan can be adopted by September 2023.
3 Purpose of the Report
3.1 The purpose of this report is to receive an update on a Waste Assessment being prepared under section 51 of the Waste Minimisation Act 2008, agree to review with Nelson City Council the Nelson Tasman Waste Management and Minimisation Plan, and agree to delegate the review to a joint-Council Working Party.
3.2 An equivalent report was considered at a meeting of the Nelson City Council Infrastructure Committee on 1 September 2022 and all recommended resolutions were adopted.
4 Background and Discussion
4.1 The Waste Minimisation Act 2008 (the Act) requires all councils to review their Waste Management and Minimisation Plan at intervals of not more than six years. The current Waste Plan was adopted by Tasman District Council and Nelson City Council (the Councils) in 2019.
4.2 The next review is not due until 2025, but with significant legislative changes proposed by central government, in partnership with Nelson City Council staff the review has been brought forward. This will ensure that each council’s upcoming Long Term Plan incorporates national legislative changes and enable more effective contract renewals, which are also due within this timeframe.
4.3 Section 51 of the Act requires the Councils to prepare a Waste Assessment before reviewing the Waste Plan. The following information is required in the Waste Assessment:
· description of existing services;
· forecast of future demands;
· statement of options to meet forecast demands;
· statement of the Territorial Authority’s role in meeting forecast demands;
· statement of Territorial Authority’s proposals for meeting forecast demands;
· statement of how these proposals will protect public health and promote effective and efficient waste management and minimisation.
4.4 Collaboration with the Nelson Tasman Regional Landfill Business Unit (NTRLBU) is a key part of the review, as the Terms of Reference require the NTRLBU to operate in accordance with the Waste Plan. The longevity and capital requirements of the York Valley and Eves Valley landfills are directly impacted by future waste demands.
4.5 A joint Working Party of elected members from each Council was appointed and delegated to review the Waste Plan in 2017. The Working Party had responsibility for oversight of the review process and the power to make recommendations to both Councils. The final Waste Plan was brought to Council for approval in 2019.
Nelson-Tasman Waste Assessment 2022
4.6 The Councils appointed consultants Morrison Low in April 2022 to assist in the preparation of a Waste Assessment, which is intended to be completed by December 2022.
4.7 The Medical Officer of Health (MOoH) must be consulted on the Waste Assessment to ensure that public health is adequately protected. Dr Stephen Bridgeman, the local MOoH, has been informed that the Waste Assessment is underway.
4.8 The 2022 Waste Assessment, alongside a significant pre-engagement programme and collaboration with iwi, will inform the review of the Waste Plan 2019 and the development of a new or amended Waste Plan.
4.9 The Act does not currently require consideration of climate change, but the emissions profile of waste is an integral part of waste management and minimisation activities. Emissions result from both the management of waste once it goes to landfill and through our ‘make, take, waste’ consumer culture, which can be influenced by the activities in the Waste Plan. Emissions reduction will be a focus of the review.
4.10 Any recent or proposed changes to waste and climate change legislation will be considered in the Waste Assessment and will also be a key focus of the review. Legislative changes could include licensing of the solid waste sector, standardising recycling, and a national focus on building a circular economy and diverting organic and demolition waste from landfill.
4.11 The initial findings of the Waste Assessment indicate:
4.11.1 since the Waste Plan was adopted in 2019, waste to landfill per capita has slightly reduced against the 2017/18 baseline data of 741kg per person. There was a significant decrease in 2019/20 due to Covid-19, but waste per capita in the two subsequent years has increased whilst remaining below the 2017/18 baseline;
4.11.2 putrescible waste continues to represent a significant quantity of waste to landfill at 15%. Proposed government legislation may address this waste stream;
4.11.3 in the interim report based on the 2020 Solid Waste Analysis Protocol (SWAP) survey, commercial waste was identified at 46%. The 2022 SWAP data shows that this trend continues; and
4.11.4 there has been a significant increase in e-waste diversion, partially attributed to the primary e-cycling provider receiving government funding to expand the programme.
Review of the Waste Plan 2019
4.12 Staff anticipate that a review and update of the Waste Plan will be required, due to new legislation proposed by the government.
4.13 Staff recommend that the councils delegate the review of the Waste Plan to a Nelson Tasman Joint Waste Review Working Party constituting elected and/or appointed members from each Council, and with iwi representation. Staff recommend that three elected and/or appointed members from each Council be appointed to the Working Party and that Te Tauihu Iwi Chairs be invited to nominate their representative(s).
4.14 The Working Party will be responsible for the review process and have powers to make recommendations to both Councils on consultation and adoption of a new or amended Waste Plan.
4.15 The respective Councils will retain powers to amend or replace the Waste Plan, undertake public consultation, and adopt the final Waste Plan.
4.16 The Working Party will be established to:
4.16.1 review the Waste Assessment 2022 and Waste Plan 2019;
4.16.2 prepare a new or amended draft Waste Plan, in accordance with section 44 of the Act;
4.16.3 oversee the public consultation process, using the special consultative procedure set out in section 83 of the Local Government Act 2002;
4.16.4 submit a new or amended Waste Plan to both councils for consideration and adoption by September 2023; and
4.16.5 continue to meet to review implementation of the adopted Waste Plan as required.
4.17 The draft Terms of Reference for the Working Party are attached.
4.18 A joint-Council Project Team has been established to coordinate the review and provide professional advice. Staff will also bring in advisors as required, including:
· the Medical Officer of Health (or their delegate);
· the General Manager of the Nelson Tasman Regional Landfill Business Unit;
· climate change specialists; and
· other experts or stakeholders as needed.
4.19 Staff have started engaging with iwi to understand how they wish to participate in the review. Pre-engagement activities will also commence with key stakeholders, such as the commercial waste sector and the Nelson Tasman Climate Forum. An engagement plan for the review will be developed with the Working Party.
5 Options
5.1 The Council has three options to consider in this report, as outlined in the following table:
|
Option 1: Receive the update on the Waste Assessment; resolve to conduct a joint review of the Waste Plan with Nelson City Council and delegate the review to a joint-Council Working Party. |
|
|
Advantages |
· This approach was used successfully in the development of the last two Waste Plans. · Conducting a joint review with a joint-Council Working Party supports effective collaboration with Nelson City Council to deliver regional outcomes. · More streamlined decision-making. · Enables broad regional engagement. · The NTRLBU is required to act in accordance with the Waste Plan, and this collaborative governance approach provides better support. |
|
Disadvantages and Risks |
None. |
|
Option 2: Receive the update on the Waste Assessment and resolve to conduct a joint review of the Waste Plan through officer reports and joint meetings without a Joint Council Working Party |
|
|
Advantages |
Could reduce governance workload. |
|
Disadvantages and Risks |
· Lack of governance oversight during the review process. · Lack of efficiency with duplicate reporting processes within each Council. · Officer capacity to meet additional demands could risk the review not being completed in time for the LTP process. |
|
Option 3: Receive the update on the Waste Assessment and develop a separate Waste Plan for TDC |
|
|
Advantages |
Easier decision-making at individual Council level. |
|
Disadvantages and Risks |
· Negatively impacts economic and social outcomes due to a lack of alignment of regional solid waste activities. · Does not support regional engagement with iwi · Damage to the well-established and collaborative relationship with Nelson City Council. · The waste industry operates freely across the district-city boundary as a single market. · The NTRLBU is required to act in accordance with the Waste Plan and having two separate plans could cause conflicting objectives for the business unit. |
5.2 Option 1 is recommended by staff.
6 Strategy and Risks
6.1 The Waste Plan is a strategic document for waste management and minimisation in the region. It affects the management of Council services and the provision of long-term infrastructure.
6.2 The review of the Waste Plan needs to consider the long-term objectives and policies for the region. It is a document (but not the only document) that will guide waste management decisions by the Council.
6.3 Failure to review the Waste Plan puts Council at risk of not meeting its legislative requirements under the Act. The timing of the proposed review will reduce risk through improving alignment with climate change action, service provision alignment with the Long-Term Plan and proposed new legislation, and in particular significant contract renewals for kerbside recycling.
7 Policy / Legal Requirements / Plan
7.1 The review of the Waste Plan is a mandatory requirement under the Waste Management Act 2008 (Section 51). Once the review has been completed, the Council may resolve to amend, revoke and replace, or continue without amendment the existing Waste Plan. In all options, the Council must use the special consultative procedure set out in section 83 of the LGA 2002 and, in doing so, notify the Waste Assessment with the statement of proposal.
7.2 The Act also requires that the Council consult with the Medical Officer of Health. The Nelson Medical Officer of Health has been informed that Waste Assessment is underway and will be consulted as part of the review process.
8 Consideration of Financial or Budgetary Implications
8.1 The review of this plan will require professional advice which will be funded from existing budgets.
8.2 Decisions made in the review and the amendment or replacement of the Waste Plan may have financial or budgetary implications for the Council in the medium to long term, but these impacts will be ultimately determined through the Long-Term Plan and Annual Plan processes.
9 Significance and Engagement
9.1 We have considered the significance of this decision in accordance with the Council’s Significance and Engagement Policy.
9.2 The decision is on the process to commence the review of the Waste Plan. We consider the significance of this decision to be Low.
9.3 Waste management and minimisation policy affect most people in our region every day. Commercial operators and the wider community often show significant interest in the decisions of the Council. The later decision to adopt a new or amended Waste Plan will likely be Moderate to High, but it will follow a period of formal public consultation, as well as ongoing engagement with iwi and early engagement with key stakeholders.
|
|
Issue |
Level of Significance |
Explanation of Assessment |
|
1. |
Is there a high level of public interest, or is the decision likely to be controversial? |
Low - Moderate |
The public has a moderately high interest in waste minimisation, but this decision is on process only |
|
2. |
Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future? |
Low |
Waste management and minimisation policy affect all aspects of community well-being, but this decision is on process only. Well-being impacts will be considered in the review. |
|
3. |
Is there a significant impact arising from the duration of the effects of the decision? |
No |
This decision is unlikely to have a significant long-term impact |
|
4. |
Does this activity contribute or detract from one of the goals in the Tasman Climate Action Plan 2019? |
No |
The Waste Plan has a significant impact on the region’s approach to combatting climate change, with a particular emphasis on mitigation. The links between greenhouse gas emissions and behaviours relating to how the community make, take and waste are strongly connected. A climate change lens will be applied to this review. |
|
5. |
Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets) |
No |
The Eves Valley and York Valley landfills are not listed as strategic assets and this decision does not directly affect the landfills. |
|
6. |
Does the decision create a substantial change in the level of service provided by Council? |
No |
This decision does not directly affect any levels of service |
|
7. |
Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP? |
Low |
This decision does not materially affect debt, rates or Council finances |
|
8. |
Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO? |
No |
|
|
9. |
Does the proposal or decision involve entry into a private sector partnership or contract to carry out the delivery o\f any Council group of activities? |
No |
|
|
10. |
Does the proposal or decision involve Council exiting from or entering into a group of activities? |
Low |
No, not this decision. |
|
11. |
Does the proposal require inclusion of Māori in the decision making process (consistent with s81 of the LGA)? |
Yes |
A separate engagement process with iwi is underway and Te Tauihu Iwi Chairs will be invited to nominate representation to the Working Party. Other opportunities to engage with hapouri Māori will also be explored. Iwi/Māori will have the opportunity to make submissions through the special consultative process. |
10 Conclusion
10.1 The Council has a statutory obligation to review the Waste Plan 2019 by September 2025. The review has been brought forward to enable better integration with the Long-Term Plan process, expected legislative changes, and contract renewals.
10.2 The Waste Assessment 2022 is underway and will inform the review of the Waste Plan, along with pre-engagement activities and input from iwi.
10.3 Staff recommend that the review of the Waste Plan is delegated to a joint-Council Working Party of elected and/or appointed members and iwi representation.
10.4 The Working Party will be responsible for:
10.4.1 reviewing the Waste Assessment 2022 and Waste Plan 2019;
10.4.2 preparing a new or amended Waste Plan;
10.4.3 overseeing the public consultation process;
10.4.4 submitting the new or amended Waste Plan to both Councils for consideration and adoption by September 2023; and
10.4.5 reviewing implementation of the adopted Waste Plan as required.
10.5 The reciprocal agreement was provided by Nelson City Council at its Infrastructure Committee meeting on 1 September 2022.
11 Next Steps
11.1 Staff will continue progressing the Waste Assessment 2022 and pre-engagement activities to support the review of the Waste Plan.
11.2 The review of the Waste Plan will be informed by the Waste Assessment 2022
11.3 If both councils agree to the recommendations in this report, and following the 2022 Local Government elections, the appointments to the Working Party will be included in the list of new appointments for the new triennium.
11.4 Te Tauihu Iwi Chairs will also be invited to nominate representation to the Working Party.
5 Attachments
|
1.⇩ |
Review of the Waste Plan 2019 - draft Terms of Reference for the Working Party |
13 |
9.2 Freshwater Planning Update
Information Only - No Decision Required
|
Report To: |
Strategy and Policy Committee |
|
Meeting Date: |
29 September 2022 |
|
Report Author: |
Lisa McGlinchey, Team Leader - Natural Resources Policy; Erin Hawke, Policy Planner - Natural Resources; Mirka Langford, Team Leader - Land Use and Soil |
|
Report Number: |
RSPC22-09-2 |
1.1 This report provides an update on the freshwater program work streams related to the Tasman Environment Plan (TEP) review and several other freshwater related workstreams that will assist in giving effect to our obligations under the National Policy Statement for Freshwater Management (NPS-FM). This represents a significant work programme spanning many staff over several departments and raises some organisational risks regarding staff resourcing and funding of work to meet legislative requirements, as well as highlighting important opportunities for building our partnership with iwi. These risks and opportunities will be defined further and reported back in the next Group Manager’s report.
1.2 It provides an overview of current and anticipated freshwater legislation and guidance that is likely to influence this process, the actions achieved to date and the future programme of work.
1.3 The key freshwater work streams relating to the TEP include:
1.3.1 TEP freshwater draft plan development and implementation of the National Objective Framework: Staff are preparing for public engagement scheduled for late October - December 2022 to discuss Freshwater Management Units (FMU), visions and values of water with the community. This is the first step in implementing the National Objective Framework under the NPS-FM.
1.3.2 Te Puna Kōrero ki Te Tauihu (TPK) collaborative group: Work towards the TEP freshwater framework has involved Te Tauihu iwi through creation of the new collaborative group Te Puna Kōrero ki Te Tauihu. Progress updates will be provided in the Environmental Policy Manager’s reports. This process highlights the challenge of meeting the RMA deadline for freshwater plan notification by December 2024.
1.3.3 Takaka catchments and the Waikoropupū Action Plan: An increasing trend in nitrate at Te Waikoropupū Springs requires the development of an Action Plan under the NPS-FM. This work has been delayed, but an initial meeting with MKM has taken place and is planned with the affected farming community as farmer capacity allows. The WCO process is still before the Environment Court with further hearing dates signalled for October and November.
1.3.4 Waimea Nitrate Project: Progress with HortNZ on the Waimea Nitrate project continues and we anticipate the revised nitrate modelling and the majority of Freshwater Farm Plan equivalents to be in place by the end of 2022. Following completion of nitrate synoptic trend analysis, staff anticipate seeking a Council resolution to develop an Action Plan for the relevant areas of the Plains under the NPS-FM.
1.4 The report also covers other freshwater related workstreams that staff are working on collaboratively across council including:
· Te Mana o te Wai (TMOTW) Integrated Implementation Programme to give effect to this philosophy in a consistent and integrated way across Council;
· Source water mapping for human drinking water supplies - required by the Water Services Act 2021;
· Freshwater Management Unit (FMU) / catchment context summaries to assist in information sharing with our communities and stakeholders in each FMU.
2 Draft Resolution
That the Strategy and Policy Committee
1. receives the Freshwater Planning Update report RSPC22-09-2; and
2. notes the planned community engagement on FMU, Visions and Values in late October-December.
3 National direction for freshwater
Current legislation and instruments related to freshwater management
3.1 The current legal instruments providing national direction specifically related to freshwater and waterbody management include:
o National Policy Statement for Freshwater Management (NPS-FM)
o New Zealand Coastal Policy Statement (NZCPS)
o National Policy Statement for Renewable Energy Generation (NPS-REG)
o National Environmental Standard for Freshwater (NES-F)
o National Environmental Standard for Sources of Human Drinking Water (NES-DW)
o National Environmental Standard for Plantation Forestry (NES-PF)
o Regulations for Stock Exclusion (from water bodies) (REG-SE)
o Regulations for Water Metering (REG-SE)
3.2 In addition, to the above the Water Services Act 2021 provides new responsibilities for Council relating to the protection of source water used for human drinking water and links to obligations to give effect to Te Mana o te Wai (TMOTW) under the NPS-FM.
3.3 Under the NPS-FM, Te Mana o te Wai imposes a hierarchy of obligations by prioritising the health and wellbeing of waterbodies and freshwater ecosystems first. The second priority is the health needs of people (such as drinking water) and the third is the ability of people and communities to provide for their social, economic and cultural wellbeing.
3.4 This is a significant shift in philosophy from past, effects-based water management and is anticipated to drive a greater focus on protection and restoration of waterbodies and their margins, and a need for greater control of land use and associated discharges, particularly diffuse discharges.
3.5 Furthermore, the National Adaptation Plan (NAP) sets out the government’s adaptation work programme for the next six years. Climate change will need to be integrated into freshwater policy and decision making.
Anticipated new or amended instruments
3.6 We are anticipating a revised NES-DW (including linkage to the Water Services Act and source water protection) and new regulations for Freshwater Farm Plans (REG-FFP) this calendar year.
3.7 The NES-F has also undergone recent changes to the wetland provisions to create consent pathways for quarries, landfills/cleanfills, mining and urban development, and refine wetland restoration policies. A further amendment and submission round is underway by MfE. They now propose that the NES-F only applies to ‘inland natural wetlands’ rather than ‘natural wetlands’ because the latter definition captures wetlands within the Coastal Marine Area which has unintended consequences and overlaps with the New Zealand Coastal Policy Statement (NZCPS). This amendment will align with the NPS-FM so that both documents refer to ‘inland natural wetlands’. A short Council submission supporting the exclusion of coastal wetlands from the NES-F was submitted for the 21st September 2022 deadline.
3.8 The proposed NPS for Indigenous Biodiversity (pNPS-IB) is also anticipated this year. Council provided feedback (21 July 2022) to MfE in response to targeted questions on implementation of the pNPS-IB. The feedback noted that the pNPS-IB excludes water bodies and requested clarity over whether the NPS-FM or NPS-IB prevails when an activity is located within the margins.
Resource Management Reform
3.9 Staff do not anticipate much change through the Resource Management reform to the fundamental approach to freshwater management – ie the obligation to give effect to Te Mana o te Wai and the hierarchy of obligations (meeting water health first, then human health, then all other values and uses of water).
3.10 We are hopeful that the proposed National Planning Framework will streamline where the numerous instruments relating to freshwater apply and address the areas of overlap, inconsistency and conflict between these instruments and other instruments Council must also implement.
3.11 The central government bills for the proposed new acts to replace the Resource Management Act are anticipated in October this year.
4 Freshwater Programme Overview
4.1 The Tasman Freshwater Programme has two main parts:
a) Tasman Environment Plan (TEP) - Freshwater Review, including implementation of the NPS-FM and other relevant national policy statements in the new combined unitary plan – driven by staff in Environmental Policy; and
b) Essential Freshwater Implementation – implementing and enforcing the various National Environmental Standards and Regulations relating to freshwater – driven by staff in Consents, Compliance and Environmental Information.
4.2 This report focuses largely on the work streams for the TEP Freshwater Review and several other related workstreams that will assist in giving effect to our obligations under the NPS-FM.
5 TEP Freshwater Review
5.1 The key objective of the freshwater review is to implement the NPS-FM and other relevant NPS, including the NPS-REG and the NZCPS.
5.2 RMA sec 80A(4) directs councils to publicly notify freshwater planning instruments intended to give effect to the NPS-FM by 31 December 2024.
5.3 The NPS-FM (3.4) directs councils to involve tangata whenua (to the extent they wish to be involved) in freshwater management (including decision-making processes), including in all the following:
a) identifying the local approach to giving effect to Te Mana o te Wai
b) making or changing regional policy statements and regional and district plans so far as they relate to freshwater management
c) implementing the NOF (National Objective Framework – including Māori freshwater values)
d) developing and implementing mātauranga Māori and other monitoring.
5.4 There is an inherent challenge in providing adequate time for iwi involvement in the TEP freshwater development and meeting the RMA direction to notify plans by 31 December 2024.
5.5 Given this, the TEP freshwater review includes two concurrent processes:
1. Collaboration with Te Tauihu iwi and Nelson and Marlborough councils to define a consistent approach to give effect to Te Mana o te Wai across Te Tauihu – through the new collaborative group Te Puna Kōrero ki Te Tauihu; and
2. NOF implementation and Draft TEP freshwater plan development including:
a) Section 35 review of TRMP efficiency and effectiveness (completed 2020);
b) Community engagement on TEP review and freshwater topic (completed 2020);
c) Community engagement on Freshwater Management Units (FMU), visions and values of water (programmed late October-December 2022);
d) Issues and Options report (programmed for council review in March 2023);
e) Community engagement on issues, environmental outcomes and options (programmed for May-June 2023);
f) Community engagement on attributes, targets and limits (programmed for October-December 2023);
g) Concurrent Plan Drafting (programmed for 2022-2023) - utilising the Nelson Draft Plan (Oct 2020) and Takaka FMU recommendations as a basis where appropriate;
h) Community engagement on draft plan (programmed for early 2024); and
i) Proposed plan development (programmed for late 2024).
5.6 Environmental Policy staff have the added challenge of merging the outcomes of these two processes for the 31 December 2024 deadline.
5.7 Staff are of the view that working collaboratively with iwi to develop fit for purpose and enduring plan provisions should take precedent over the arbitrary compliance date in the RMA. While this may create a tension with central government, it will be hard for ministers to criticise the process if we are making good progress and working with iwi rather than risk damaging the relationship with iwi for the sake of the RMA deadline.
5.8 The proposed TEP freshwater plan will be a first-generation freshwater planning instrument under the NPS-FM 2020. While the NPS-FM (1.6) directs councils to ‘use the best information available at the time’, the Plan is likely to require placeholders or default provisions where we have insufficient information in some FMU and subcatchments – including on water quality, water flows/levels, and attributes for ecosystem health, habitat and cultural tohu/indicators.
5.9 An Implementation Plan anticipated to accompany the draft TEP will identify non-regulatory options to help achieve the freshwater objectives, and will include further work needed to fill information gaps to inform future amendments to the TEP to fully implement the NPS-FM and give effect to Te Mana o te Wai over time.
Next milestone - community engagement on FMU, Visions and Values
5.10 In preparation for public engagement on the Freshwater Management Unit boundaries, Visions and Values of Water a discussion document has been drafted. This is the first step in implementing the National Objectives Framework under the NPS-FM. This round of public engagement is scheduled for late October to mid December 2022 and will accompany engagement on other Tasman Environment Plan (TEP) topic areas. This engagement round was approved by Council on 7 July 2022.
5.11 The freshwater component has been combined with similar engagement needed for the Coastal Environment strategic planning in an integrated discussion document and online resources that reflect the Ki Uta Ki Tai philosophy underpinning the TEP. At the time of writing, this integrated discussion document will be discussed with councillors at a workshop on 21 September 2022.
5.12 Staff are conscious of significant anxiety within the Tasman community, particularly rural sectors, around the scope and sheer volume of water and land related regulation and new requirements. This will be considered in the venue selection and key staff and information resources made available at engagement events, covering a range of topical issues related to water and land management. Local MPI staff and Rural Support will also be invited to attend the events. This will be particularly important if the Freshwater Farm Plan regulations, revised NES for Drinking Water and bill on the RM replacement acts are publicly released by October as indicated by MfE.
6 Te Puna Kōrero ki Te Tauihu (TPK) collaborative group
6.1 The TPK group commenced work in December 2021 and is an ongoing collaboration between the eight iwi and three Te Tauihu councils to progress a freshwater framework that gives effect to Te Mana o te Wai which can be used to inform development of the three council freshwater plans. The collaboration is intended to streamline work across all three councils and iwi resourcing and create efficiency for implementing the NPS-FM 2020.
6.2 Meetings are held approximately fortnightly and kanohi ki te kanohi (face to face) hui are programmed quarterly. Limited funding is available through the councils’ LTPs for this collaborative work, but includes combined Te Tauihu Council funding to engage a project manager to oversee the work, organise and manage all parties involved.
6.3 Te Tauihu iwi have separately gained funding from MfE’s Te Mana o te Wai fund to resource their internal capacity building to facilitate their participation in freshwater management and planning. Further clarity is required on the extent to which this funding will cover iwi involvement in the specific work of TPK.
6.4 The TPK group has made considerable gains in relationship building and a partnership agreement. Moving forward, the group will produce a work programme that aims to complete the National Objectives Framework (NOF) discussing FMUs, visions, values, outcomes, freshwater attributes and limits, including for Māori freshwater values and applying a Te Ao Māori perspective to the freshwater framework.
6.5 Updates on the progress of the TPK will be provided regularly to Council through the Environmental Policy Manager’s reports.
7 Tākaka Catchments and Waikoropupū Action Plan
Tākaka Catchments
7.1 The Tākaka Catchments relates to the area that will become the Tākaka Freshwater Management Unit (FMU). This includes catchments of the Tākaka River and its tributaries and the coastal catchments between Wainui Bay and Tukurua. Previous work undertaken within the Takaka catchment via the Freshwater Land and Advisory Group (FLAG) and associated reports, including the Manawhenua Mātauranga Report continue to inform the development of the TEP.
Water Conservation Order
7.2 At the time of writing, the Water Conservation Order process is still before the Environment Court for its public inquiry and is subject to limitations on public discussion. There have been two hearing sessions so far and a further two shorter hearing sessions are signalled in October and November with the court making its recommendations to the Minister for the Environment following this. The final WCO that is gazetted through this process will significantly influence the Tākaka FMU chapter within the TEP. There will also be learnings from the process that may be applicable to groundwater management elsewhere in Tasman.
Waikoropupū Action Plan
7.3 Recent water monitoring assessment for Te Waikoropupū Springs, undertaken during the WCO process, showed a deteriorating trend in water quality due to an increase in nitrates over the last five years. This context differed from data considered during development of the FLAG and Manawhenua ki Mohua recommendation reports. At the Strategy and Policy Committee meeting on 14 April 2022 Council agreed to commencing an Action Plan under the NPS-FM to be completed by the third quarter of 2022.
7.4 Work on the action plan has been delayed by staff illness, the demands on staff time for the Water Conservation Order hearing, and the recent rainfall event which have delayed planned consultation with the farming community and iwi within the Tākaka catchment.
7.5 An initial discussion with Manawhenua ki Mohua occurred on 12 August 2022 and further discussions are planned with farmers in the Arthur Marble Aquifer recharge area and Fish Creek Catchment (as farmer capacity allows given their current busy period), before a programme for the Action Plan is prepared. This is consistent with the requirements of the NPS-FM (3.15(5)) which directs Council to consult with communities and tangata whenua before preparing an action plan.
8 Waimea Nitrate Project
Waimea nitrate issues overview
8.1 The Waimea catchment has four aquifers, a combination of confined, semi-confined and unconfined. Monitoring has shown high levels of nitrate in some places, caused from both the current and historic pattern of land use. The biggest contributor at present being market gardening. The elevated nitrate levels are of concern from a human health and freshwater ecology perspective – in particular for surface water quality in the Neimann, Pearl and lower O’Connor creeks which are connected to the aquifers. Additionally, apple growers’ crops are being negatively affected from irrigating with aquifer water with elevated nitrates.
8.2 In some bores, nitrate levels exceed the New Zealand Drinking Water Standard (NZDWS), posing a risk to those using these aquifer sources for private drinking water supplies. Notification went out to several hundred households this year regarding the potential health risk of the drinking water quality in the aquifer.
8.3 Council operated water supply networks are proactively managed to meet the NZDWS.
8.4 There is continued community concern regarding recent studies associating elevated nitrate in drinking water with colorectal cancer and premature births. Council’s approach regarding water supplies is to meet national standards and we are waiting on advice from the Ministry of Health as to any changes to the existing Drinking Water Standard or guidance resulting from the ongoing research.
Nitrate modelling and Freshwater Farm Plans
8.5 There is also continued community concern that the potential for increased intensification of land use enabled by the Waimea Community Dam will pose a further risk to groundwater quality. Existing water permit holders are required to provide an irrigation management plan and the TEP will further encode the need for nutrient management.
8.6 In the meantime, the aim of the Waimea Nitrate Project has been to encourage all farmers on the Waimea Plains in the areas influencing or affected by elevated nitrate to have Farm Environment Plans (FEPs) in place, and that these meet the anticipated requirements for Freshwater Farm Plans (FFPs) (regulations anticipated in Oct 2022).
8.7 This is an opportunity for these farmers to front-foot the nutrient management and good practice requirements ahead of any requirements in the TEP or in the national regulations.
8.8 Work has been ongoing in conjunction with Horticulture New Zealand to progress two key work streams:
· a review of the SPASMO modelling for nitrate based on real farm data; and
· update or creation of FEP/FFP equivalent farm plans for all HortNZ affiliated farms on the plains (ie NZ GAP or Global GAP FEPs with an Environmental Management System add-on)
8.9 Currently we are anticipating the modelling output and the majority of sizeable farms to have FFP equivalents by the end of 2022.
8.10 The two dairy farms in the catchment already have FFP equivalents under the Fonterra Tiaki programme. Additional work with other industry organisations is ongoing to achieve similar outcomes for viticulture, hops and sheep and beef.
8.11 A further workstream is in progress with Anette Litherland from Landcare Trust to provide guidance to lifestyle block owners who either trigger the farm thresholds for FFP requirements or who wish to voluntarily comply with FFPs as part of good practice management of their properties.
Synoptic survey results
8.12 A round of synoptic sampling (ie more bores over a wider area) for nitrate was undertaken this summer (2021-22) and Environment Information staff are currently completing the analysis of the data and trend comparison with past synoptic sampling (2016).
8.13 The outcomes from this analysis will help inform the response under the NPS-FM, including defining any areas of the plains that should be subject to an Action Plan (ie were there are deteriorating trends in nitrate) and targeted TEP policy responses, including informing community discussions on nitrate targets.
Anticipated Waimea Nitrate Action Plan
8.14 Once the latest synoptic trend analysis is complete, staff will seek approval from Council for a formal Action Plan process under the NPS-FM (similar to the Te Waikoropupū Action Plain process).
8.15 Work reviewing the nitrate science and options for its management was started in 2019 and staff will be progressing development of a draft nitrate report for the Waimea Plains which will form the basis of the future Action Plan. This process will be progressed by staff in conjunction with iwi, landowners and industry organisations, building off the existing workstreams of the Waimea Nitrate Project and previous information from the Waimea FLAG process. This is a long-term project and lag-time for aquifer response to any land use practice changes will be incorporated into community discussion in development of the TEP and definition of interim targets and timeframes under the National Objectives Framework.
9 Other Freshwater Projects
Te Mana o te Wai Integrated Implementation Programme
9.1 Council has a statutory responsibility to “give effect to” Te Mana o te Wai under the NPS-FM and clause1.3 states: “Te Mana o te Wai is relevant to all freshwater management and not just to the specific aspects of freshwater management referred to in this National Policy Statement”. Clause 1.3 identifies it is “the responsibility of those with authority for making decisions about freshwater to do so in a way that prioritises the health and well-being of freshwater now and into the future”.
9.2 The integrated consideration of water management across all catchments from the mountains to the sea (ki uta ki tai) is also a key obligation under the clause 3.5 and a fundamental expectation from iwi.
9.3 Achieving integrated management of freshwater and giving effect to TMOTW will require a coordinated approach across all council functions, including regulatory and non-regulatory responses (ie Monitoring & Investigation, Education & Advocacy, Works & Services, Financial Incentives & Assistance and Partnering).
9.4 In June 2022, staff brought a memo to ELT on the ways that Council, as an organisation, can give effect to Te Mana o te Wai – in addition to implementation of this philosophy through the TEP. ELT agreed to the following actions:
1. including consideration and discussion on TMOTW in relevant InfoCouncil decision reports that may affect freshwater to help inform decision making;
2. incorporation of TMOTW in all relevant strategic documents and Activity Management Plans are they are revised in the future to ensure council functions give effect to TMOTW in a consistent and integrated way;
3. high-level review of relevant works and services contracts and existing resource consents that have longer than 12 months until expiry (those with less than 12 months to be reviewed as per normal process) to identify any inconsistencies with TMOTW;
4. training and education of staff and contractors to raise awareness about the meaning of TMOTW and our legislative responsibilities (for example staff raising awareness of duties and obligation to give effect to TMOTW under the Water Services Act).
9.5 The next steps include staff from Strategic Policy and Environmental Policy:
· developing guidance documents for staff to ensure consistent embedding of TMOTW in relevant InfoCouncil decision reports and future review of key documents; and
· identify training and education opportunities that can be undertaken in-house, including use of existing resources provided by various government departments, and research and industry agencies on TMOTW and its implementation (this work has already begun with awareness training for Community Infrastructure staff).
9.6 This will be an ongoing programme as this philosophy is embedded throughout the organisational functions that influence the health of freshwater in Tasman.
Drinking Water - Source Water Risk Management Areas Mapping
9.7 Clause 41 of the Water Services Act (WSA) 2021 links with the NPS-FM and seeks to ensure:
a) the risks and hazards to source water are identified, assessed, managed, and monitored by drinking water suppliers and local authorities; and
b) information on source water, and measures to manage risks and hazards to source water, are published on a regular basis by regional councils
9.8 Under Clause 43, Council - as a drinking water supplier - is required to develop ‘Source Water Risk Management Plans’ for each Council-operated water supply. These plans also include the identification and mapping of three levels of source protection zones for each water supply. The protection zones are being delineated based on draft MfE guidance and advice from Joseph Thomas (Senior Resource Scientist - Water & Special Projects) to meet the 15 November 2022 deadline that Taumata Arowai has imposed.
9.9 Staff understand that there are several privately owned water supplies that have registered with Taumata Arowai who may require assistance from Council to develop their risk management plans and map the source protection zones to meet the 15 November deadline. This may create a resourcing challenge for Council staff if advice is sought close to the deadline.
9.10 Further source water mapping by Council will be required once other private water suppliers register with Taumata Arowai over time. The final deadline for supply registration is in 2025.
9.11 Further understanding on the implications for protection of mapped source water areas is anticipated in the amended NES for Sources of Human Drinking Water to be released this calendar year.
Freshwater Management Unit / Catchment Context Summaries
9.12 This work stream aims to have online summaries of what we know about each FMU to provide a one-stop-shop for catchment information and provide clear stories to their respective communities. There are five key drivers for this work:
1. providing an online resource for engagement and information sharing with communities and iwi about FMU issues and options as part of the TEP freshwater development;
2. meeting our requirements for online publishing of information and data under the NPS-FM, including: progress against visions and attributes, water quality and quantity accounting, ecosystem health scorecards and human health data, and information on contaminants and environmental pressures in each FMU;
3. providing “catchment context” summaries to help inform farmers when developing their Freshwater Farm Plans;
4. providing a platform to summarise the “ecological and cultural context” in each FMU (beginning in Mohua/Golden Bay in conjunction with Manawhenua ki Mohua) to assist iwi and whanau in defining and communicating cultural tohu/indicators for Māori freshwater values and mātauranga Māori. These tohu will be incorporated in the water attributes for assessing progress in relevant FMU (as consistent with the NPS-FM) and monitored by iwi as part of the Environmental Information monitoring programme;
5. providing a platform for sharing mapping of source water protection areas for drinking water supplies in each FMU, and associated catchment information for drinking water suppliers to assist in their development of Source Water Risk Management Plans (as required by clause 43(4) and 46 of the WSA 2021), such as land use activities, potential sources of contamination, water quality and quantity monitoring and known risks and hazards to water supplies.
9.13 The next step for this workstream is confirmation of the online platform to be used (ie Council’s website, Storymap - as used for the Richmond Catchment Management Plan - or something else), confirmation of development and ongoing costs, and populating this (or an interim webpage) with existing and priority information needed for the next 6-12 months.
9.14 These FMU summaries are intended to be online ‘living documents’ to be updated as new information becomes available, and over time reflecting the community feedback received during development of the TEP and other relevant projects underway in these catchments. This workstream involves staff from Information, Science & Technology, Environmental Policy, Strategic Policy and Communications and Change.
10 Conclusion
10.1 This report has outlined a number of important freshwater work streams related to the Tasman Environment Plan (TEP) and implementation of the National Policy Statement for Freshwater Management. This represents a significant work program spanning many staff over several departments.
10.2 The key freshwater work streams relating to the TEP include:
10.3 TEP freshwater draft plan development and implementation of the National Objective Framework: Staff are preparing for public engagement scheduled for late October - December 2022 to discuss Freshwater Management Units (FMU), visions and values of water with the community. This is the first step in implementing the National Objective Framework under the NPS-FM.
10.4 Te Puna Kōrero ki Te Tauihu (TPK) collaborative group: Work towards the TEP freshwater framework has involved Te Tauihu iwi through creation of the new collaborative group Te Puna Kōrero ki Te Tauihu. Progress updates will be provided in the Environmental Policy Manager’s reports. This process highlights the challenge of meeting the RMA deadline for freshwater plan notification by December 2024.
10.5 Takaka catchments and the Waikoropupū Action Plan: An increasing trend in nitrate at Te Waikoropupū Springs requires the development of an Action Plan under the NPS-FM. This work has been delayed, but an initial meeting with MKM has taken place and is planned with the affected farming community as farmer capacity allows. The WCO process is still before the Environment Court with further hearing dates signalled for October and November.
10.6 Waimea Nitrate Project: Progress with HortNZ on the Waimea Nitrate project continues and we anticipate the revised nitrate modelling and the majority of Freshwater Farm Plan equivalents to be in place by the end of 2022. Following completion of nitrate synoptic trend analysis, staff anticipate seeking a Council resolution to develop an Action Plan for the relevant areas of the Plains under the NPS-FM.
10.7 Staff are also working collaboratively across Council to progress work on giving effect to Te Mana o te Wai in an integrated way, to map Source Water Protection Areas for human drinking water, and to develop online FMU/catchment context summaries to assist in information sharing with our communities and stakeholders in each FMU.
Staff leads for work streams
10.8 For any questions, lead staff contacts for these workstreams are:
· TEP freshwater and TPK collaboration: Erin Hawke and Lisa McGlinchey
· Takaka Catchments, Waikoropupū WCO and Action Plan: Lisa McGlinchey
· Waimea Nitrate Project: Mirka Langford and Lisa McGlinchey
· Te Mana o te Wai Integrated Implementation Programme: Helen Lane and Lisa McGlinchey
· Drinking Water - Source Water Mapping: Evan McKenzie, Helen Lane and Joseph Thomas
· FMU / catchment context summaries: Lisa McGlinchey and Mirka Langford
· Freshwater instrument submissions: Erin Hawke (NES-F/NPS-FM) and Pauline Webby (NPS-IB)
11 Attachments
Nil
Tasman District Council Strategy and Policy Committee Agenda – 29 September 2022
9.3 Strategic Policy and Environmental Policy Activity Report
Information Only - No Decision Required
|
Report To: |
Strategy and Policy Committee |
|
Meeting Date: |
29 September 2022 |
|
Report Author: |
Barry Johnson, Environmental Policy Manager; Dwayne Fletcher, Strategic Policy Manager; Alan Bywater, Team Leader - Community Policy; Wouter Woortman, Team Leader - Infrastructure Planning |
|
Report Number: |
RSPC22-09-3 |
1 Summary
1.1 This report provides the Committee with an update on some of the key highlights of the Service and Strategy Group’s Strategic Policy and Environmental Policy work.
2 Draft Resolution
That the Strategy and Policy Committee receives the Strategic Policy and Environmental Policy Activity Report RSPC22-09-3
3 Strategic Policy Update – Dwayne Fletcher
3.1 The following tables contain an update of the key projects and activities that the Strategic Policy Team either manages or is involved in.
Community Policy
|
Project |
Description |
Status |
Comments |
|
Corporate Planning |
|||
|
Three waters Better Off funding |
$2b fund to enable local councils and communities to be better off after three water responsibilities are transferred to new entities. DIA’s guidance can be found here: Three-Waters-Reform-Better-Off-Support-Package-Guidance-April-2022.pdf (dia.govt.nz) |
On track |
Target completion date: by 30 September 2022 Council has been allocated $22.54m across two tranches. Tranche One ($5.64m) is open now for applications (funding proposals). Staff facilitated a third workshop with Councillors on 15 September 2022 to discuss projects for inclusion in our funding proposal, which were then agreed by Full Council on 22 September. We have engaged further with Te Tauihu iwi general managers and are finalising the funding proposal for submission to the DIA by 30 September. |
|
Annual Report 2021/2022 |
Preparation of the Council’s Annual Report for the 2021/2022 year. |
On track |
Target date: 31 December 2022 The non-financial sections of the Annual Report 2022 were reviewed by the Audit and Risk Committee on 16 September 2022. Work on the financial aspects of the Annual Report is well underway and the audit is planned to commence on 3 October 2022. The Annual Report is expected to be adopted at the Council meeting on 15 December 2022. |
|
Annual Plan 2022/2023 |
Preparation of the Council’s Annual Plan for the 2023/2024 year. |
On track |
Target date: 30 June 2023 Project planning for the Annual Plan 2023/2024 process has been carried out. Initial budget information collection is underway and workshop time has been booked prior to Christmas to gain Councillors’ direction. |
|
Long-Term Plan 2024-2034 |
Preparation of the Long-Term Plan 2024-2034. |
On track |
Target completion date: 30 June 2024 Staff have commenced project planning for the LTP 2024-2034 process. |
|
Reserves and community facilities |
|||
|
Classification of existing reserves in Richmond and Lakes-Murchison Wards |
Project to classify existing reserves in two Wards (this step is required before Council can consult on draft Reserve Management Plans for the Wards). |
On track |
Target completion date: mid-2023 Staff have almost finished collating information about all the parks and reserves in Richmond and Lakes-Murchison Wards. Once this inventory is complete, we will contract DOC to confirm which reserves are already classified and which still need to be. We will work with iwi to prepare proposals for classifying reserves. Staff are also preparing maps to show the location of all parks and reserves in both Wards. In December 2022 we will present a report to Council outlining the proposed process for classifying reserves and reviewing the two Reserve Management Plans for these Wards. |
|
Community Leasing and Licensing Policy |
Development of a new internal policy to guide operational decision-making around entering into and reviewing leases of Council owned land |
On track |
Target completion date: mid-2023 Staff have finished the early engagement process. We are analysing feedback from groups and developing the draft policy in the next few months. |
|
Climate change and environmental |
|||
|
Tasman Climate Action Plan |
Council adopted the Tasman Climate Action Plan (TCAP) in September 2019. The Plan is available online at www.tasman.govt.nz/link/climate-action |
On track |
Target completion date: Ongoing Quarterly Progress Report: Staff have included updates on TCAP initiatives in the ‘Climate Change Update’ report to alternate Strategy and Policy Committee meetings. A detailed annual report on progress implementing the TCAP is expected to be presented to the Committee’s November 2022 meeting. A third workshop with elected members on the TCAP review is scheduled for early December. |
|
Corporate emissions reduction plan |
Development of emissions reduction for internal Council operations – TCAP sub-project |
On track |
Target completion date: November 2022 Staff have completed a draft plan and associated modelling work. We will continue to work on this plan as part of the TCAP review. |
|
Waimea Inlet Action Plan |
Council adopted the ‘Waimea Inlet Action Plan’ in March 2019. The action plan was developed to implement the ‘Waimea Inlet Management Strategy 2010’. Both are available online at: |
On track |
Target completion date for document review: June 2023 A review of both the Management Strategy and Action Plan documents is underway, led by a contractor who reports to George Daly. Staff anticipate that both documents will be reviewed by June 2023. Updates on the Ministry for the Environment funded projects relating to Waimea Inlet are included in the Environmental Information report to Council’s Operations Committee. |
Infrastructure Planning and Policy
3.2 Much of the Infrastructure Planning and Policy team have been engaged with developing the 2024-2054 three waters capital works and operational programmes for Tasman for consideration by the Entity C transition team. This work is similar to some of the planning we would ordinarily undertake for the Long Term Plan and Infrastructure Strategy, but is several months earlier. This has slowed progress on some of our other work programmes.
|
General |
|||
|
Kāinga Ora Housing and Communities Infrastructure Acceleration Fund (IAF) |
Kāinga Ora has shortlisted proposals that are eligible for funding to support infrastructure and accelerate housing developments. Council’s funding application in partnership with Wakatū Incorporation for the Motueka West Phase 1 proposal has progressed to the negotiation phase of the process. |
At risk |
Target Completion Date: September 2022 Staff from the IAF team along with representatives from Council and Wakatū have been working through the details of the funding agreements. Council signed the Funding Agreement in July 2022. It remains unclear whether Wakatū and Kāinga Ora will agree on the terms and conditions of the Housing Outcomes Agreement. |
|
Transport and Coastal |
|||
|
Stock Control and Droving Bylaw |
Revise and update Stock Control Bylaw |
On track |
Target completion date: September 22 On 1 September 2022 the Hearings Panel deliberated on the Bylaw and made several changes in response to public feedback. The Hearing Panel has recommended approval of the revised Bylaw to Full Council. Full Council will consider the Bylaw for adoption at the 22 September Full Council meeting. |
|
Transport Choices and Streets for People funding applications |
Develop programmes to seek Transport Choices and Streets for People funding for. Transport Choices is a $350m+ fund to support transport initiatives to reduce vehicle kilometers travelled and greenhouse gas emissions from transport. Streets for People is a much smaller fund for quick walking and cycling improvement ‘wins’ |
New |
An application made for a $19m Transport Choices programme of active transport and public transport works – subject to confirmation from Council of a local share funding source. A $4.5m Streets for People programme has been approved by Waka Kotahi, subject to confirmation from Council of a local share funding source. At the 22 September Full Council meeting, Council agreed to local share for both programmes being funded from Better Off funding. |
|
Speed Management Plan |
Undertake a review of speeds across the district and develop a plan to have safe and appropriate speeds on all our streets. |
Delayed |
There is no targeted completion date. September staff departures mean this will not be able to progress in the timeframe previously targeted. The timeframe will be revised when a replacement staff member is available. |
Stormwater & Rivers |
|||
|
Richmond South stormwater planning |
Development of a stormwater management plan for existing and future development areas in Richmond South, including cross-section designs for planned drain upgrades. Stormwater Management Plan will feed into a structure plan for the area. |
On track |
Target completion date: December 2023 Staff have updated the model with new lidar and updated hydrology. The model provides flows and flood extents for current and future development scenarios, including climate change effects. We are using this information to design green stormwater corridors in Richmond South in accordance with the objectives for the Richmond South Waterways programme as adopted by Council on 18 September 2022. |
|
Māpua, Ruby Bay, and Coastal Tasman stormwater modelling |
A stormwater model for Māpua, Ruby Bay, and Coastal Tasman to identify locations that are at risk of stormwater flooding in 1% and 10% AEP events. Following completion of modelling, the Catchment Management Plan will be developed with an intended public consultation date in March 2023 and Council adoption in Q2-Q3 2023. |
On track |
Target completion date: Staff are currently using the Māpua/Ruby Bay stormwater model to identify and test high-level solutions for future growth and key areas of concern. Baseline modelling is complete. Staff presented the study to the Mapua and District Community Association on 12 September and have begun receiving valuable community input into issues and challenges in Māpua/Ruby Bay. |
|
Richmond stormwater monitoring programme |
Under the conditions of consent, the Council is required to develop a stormwater monitoring plan for Richmond. |
On track |
Target completion date: Staff have completed a draft monitoring plan. We will consult with relevant Te Tau Ihu iwi on the draft plan and submit it to the Council’s Team Leader – Monitoring and enforcement for certification. We will start implementing the monitoring plan in the new financial year 2022/2023. |
|
Richmond Central Stormwater Business Case |
Business case to assess the management of stormwater in the Richmond CBD catchment |
On track |
Target completion date: Staff are currently working to engage consultants to prepare the options report and business case. This work will involve additional flood modelling to quantify the benefits of proposed options. Following the consultant’s work, staff will develop the business case for proposed system improvements. |
|
Floor level survey – new area(s) |
Floor level survey of buildings to determine how many habitable floors are at risk of flooding (as estimated from the flood modelling) |
On track |
Target completion date: Q2 2023 Staff are currently working to identify the next vulnerable area to be surveyed, which will depend on outcomes of parallel Mapua, Richmond and Motueka studies. Current target is Reservoir Creek catchment in Richmond in the wake of August flood event. |
|
River Management Plan(s) |
Development of Council’s first River Management Plan, as required under the Rivers Activity Management Plan, to help us meet strategic long-term goals for multiple issues and values on Council’s X and Y rated rivers. |
On track |
Target completion date: Q3 2023 Staff are working to scope an appropriate brief for this work and then engage a suitable consultant. One of the five main X/Y rated rivers will be added and addressed in 2023, currently intended to be the Upper Motueka River, with a further two rivers likely to proceed in 2024. |
|
Water and Wastewater |
|||
|
Water Risk Register |
Water Supply Activity Risk Register in line with the Enterprise Risk Management Framework 2019 |
Delayed |
Target completion date: Q1-2 2023 Staff have developed a high-level risk register for the Water Supply Activity. Strategic Policy staff will liaise with the Legal & Governance Services team to finalise and complete this. The register lists enterprise and activity level risks that have the potential to affect the delivery of services and the mitigation in place. Finalising the risk register has been delayed due to resource challenges and understanding the implications of the Water Services Act. |
|
Wastewater modelling |
Modelling of Waimea Wastewater network Network monitoring, data analysis and model outputs will inform the timing of specific capital works projects that are planned as part of the Waimea Wastewater Network Strategy.
|
Delayed |
Target completion date: To be confirmed (weather dependent) Staff have engaged consultants to undertake a four-staged modelling project for the Waimea wastewater trunk main. Consultants have recommended the collection of additional flow data before building and calibrating the model. The planned installation of flow gauges has been delayed due to resourcing challenges, supply chain issues and recent wet weather. |
|
Motueka Wastewater Strategy |
Development of a long-term wastewater network strategy for Motueka, including the relocation of the Wastewater Treatment Plant (WWTP). |
On Track |
Target completion date: Q4 2022 The project has been integrated with the Te Tai o Aorere Regional Wastewater Philosophy project (see below). Staff are working with iwi and subject matter experts to finalise the scoring framework for potential WWTP sites. Staff have engaged consultants to determine treatment and discharge options. |
|
Te Tai o Aorere Regional Wastewater Philosophy
|
An initiative between Council, NRSBU and potentially NCC to develop a blueprint of iwi and community aspirations for future wastewater networks. The plan will identify values, objectives and outcomes. |
On track |
Target completion date: July 2024 Early engagement with iwi commenced in July and a pōwhiri and hui were held at Te Awhina Marae. Iwi have indicated that this project is a key priority for them. A fourth hui is scheduled for 6 October. |
|
Water and Wastewater Connections Policy |
This is a new Policy for water and wastewater connections for properties in areas not appropriately zoned for water or wastewater servicing |
On track
|
Target Completion Date: September 2022 The policy has been approved by the Strategy and Policy Committee in March 2022 and is also now publicly available on Council’s website. Zone maps are being produced to support the Policy. |
Waste Management and Minimisation |
|||
|
Waste assessment |
Conduct a waste assessment, prior to a review of the Joint Waste Minimisation and Management Plan (Waste Plan), as required under the Waste Minimisation Act 2008. |
On track |
Target completion date: September 2022 Staff from Council, Nelson City Council (NCC) and the Nelson Tasman Regional Landfill Business Unit have formed a project team and are undertaking the waste assessment with support from consultants Morrison Low. We have prepared a report for today’s meeting, updating you on the waste assessment and seeking agreement to undertake the review of the Waste Plan jointly with NCC. |
4 Environmental Policy Update – Barry Johnson
Nelson Tasman Future Development Strategy (FDS)
4.1 The 2022-52 Nelson Tasman Future Development Strategy (FDS) came into effect on 19 September and replaces the 2019-49 FDS. This is a significant milestone for both Nelson and Tasman councils.
4.2 Next steps include staff briefings on the FDS and starting on the FDS implementation plan. The FDS is a key input into the Long Term Plan (LTP) process and the outputs from the FDS are now being entered into Tasman’s growth model as part of developing the next LTP.
Growth Plan Changes
4.3 The proposed plan changes for Murchison, St Arnaud, Wakefield, and Brightwater were notified on 16 September and submissions opened on 19 September. Notification includes a 20 working day submission period, followed by a round of further submissions and a hearing, if required. Each change has been notified as a separate plan change. This has the advantage that if a particular change attracts submissions and potentially an appeal, it will not hold up the other changes.
Mapua Structure Plan
4.4 The Mapua Structure plan project is in full swing with several meetings occurring with landowners, business owners and the community association. Staff have also released a survey online and hard copy. At the time of writing this report, the team had received 165 survey responses in the first week the survey was open. A third of respondents are under 45 years old. Most responses (75%) have been submitted through mobile or tablet. Two thirds of respondents are from Māpua and 20% from Ruby Bay.
4.5 To promote the survey, posters were put up across the area and the team reached out to the school (including the school newsletter). The survey was also advertised through social media, local newspapers including the Coastal News, and Newsline.
4.6 Hard copy surveys are available at the Māpua library. A Council planner was available there on three consecutive Wednesdays to assist people with questions.
4.7 The survey closed on 26 September. The team is currently reviewing the feedback received. The next steps will involve revising the current structure plan in accordance with the feedback, relevant technical information, and other Council plans and government direction.
4.8 The revised plan will then be released for community feedback. Further information is available here: Māpua Structure Plan 2023
Richmond South
4.9 Further work on Richmond South continues internally. However, the third round of engagement on planning for Richmond South has been pushed back to allow time for direction from the new FDS to inform the more detailed planning for growth in the area. This responds to feedback received from members of the community.
Te Waikoropupū Water Conservation Order
4.10 The Environment Court inquiry into the Te Waikoropupū Water Conservation Order (WCO) had a third week of hearings in the week starting 1 August, this followed a one week hearing in late May and a second in June. The third week of hearings concluded with evidence from technical experts covering water quality, modelling and monitoring.
4.11 At the time of writing, the Court had indicated its intent to issue a draft WCO ahead of a further hearing in the week commencing 10 October. The Court has indicated that a final day or days of hearing will occur in Golden Bay in November to wrap things up and formally close the hearing. A report to the Minister for the Environment on the inquiry and a recommended WCO is likely to be released in the new year.
Tasman Environment Plan
4.12 The Tasman Environment Plan (TEP) project is continuing alongside all the projects outlined above. Staff are starting to plan for community consultation in late 2022. A discussion document is being developed that will cover all the TEP material workshopped so far. The final consultation material and a schedule of community events will be workshopped with the new Council in October ahead of the launch of the community consultation.
Places of Significance to Māori
4.13 As part of the project to identify and map Places of Significance to Māori (POSM) in the Tasman District (as required by the Resource Management Act) an initial pilot project was undertaken within the area defined as Abel Tasman Wāhi. The aim of the pilot was to develop and test a methodology for determining and collating Māori placename data. The methodology was developed using kaupapa Māori and Action Research Methods. The methodology was co-designed (iteratively tested and refined) with the Tasman Environment Plan Iwi Working Group (TEPPWG) members. The final methodology has met with general approval by TEPPWG members and will continue to be used for identifying places and their spatial extent for the remainder of the District, subject to refinement.
4.14 A literature review provided a list of POSM, their location and spatial extent. To date, 114 references are likely to contain relevant place name data with additional references added to the list as they come to light. Nineteen fields will populate the POSM database.
4.15 These fields align with the New Zealand Geographic Board, Heritage New Zealand Pouhere Taonga Act, New Zealand Archaeological Association frameworks.
4.16 Forty three POSM were identified within the Abel Tasman Wāhi with each of these places assigned one or more of the site categories - Wāhi Tīpuna / Tūpuna, Wāhi Taonga, Wāhi Mahinga Kai, Wāhi Kāinga, Wāhi Taiao, Wāhi Tapu, or Ngā Ara Tawhito. As site visits to ground truth, all sites are not practical, Google Earth is being used to verify boundaries. It is expected TEPPWG members will contribute further to the POSM database particularly the traditional association, cultural narratives and cultural values fields. An MOU between Tasman District Council and the participating iwi is being developed to ensure intellectual property is protected. The TEPPWG has requested that spatial planning controls (rules etc) in relation to the development of POSM are developed concurrently with the mapping exercise. This will feed directly into drafting of the Tasman Environment Plan.
4.17 The following table gives a brief update on the major environmental policy work streams, including Tasman Environment Plan work streams.
|
Project |
Description |
Status |
Comments |
|
Whole of Plan review |
Review of the Tasman Regional Policy Statement and Tasman Resource Management Plan |
On track – but future unclear
|
The team is continuing to develop issues and options on outstanding topics. A discussion document on plan topics to date in development. Consultation scheduled for November 2022. Resource Management legislation review has created uncertainty. Risks are being managed. |
|
E-Plan |
Procurement and implementation of an electronic plan to replace paper-based planning documents |
In progress |
Procurement in progress. Conversations with supplier underway. |
|
Future Development Strategy |
Nelson Tasman Future Development Strategy to replace the FDS 2019. |
Completed |
See item above. 2022-52 FDS now operative. Implementation underway. |
|
Growth – Richmond South |
Development of a potential structure plan for Richmond South FDS growth area and consideration of possible re-zoning for growth |
On track |
Two rounds of community engagement completed; further progress paused until after FDS is completed |
|
Growth plan changes |
Draft plan changes to enable higher density housing on residential zoned land and some re-zoning of rural land to residential in Murchison, Wakefield, Brightwater, Māpua and Motueka. |
On track |
Proposed plan changes for notification approval at this meeting. Māpua and Motueka now on slower timeframes. |
|
Tākaka & coastal catchments water management (Tākaka FLAG) |
Development of an action plan to address recent water quality trends. |
On track |
Council agreed to the development of an action plan to address information gaps on 14 April 2022. The WCO process is providing valuable information that will inform the action plan process. Initial hui with iwi held. See separate paper on freshwater update this meeting. |
|
Waimea Plains water quality management (Waimea FLAG) |
Project to activate nutrient management plan requirements in Tasman Resource Management Plan. |
On track |
Staff are working with stakeholders, past Waimea FLAG members and industry bodies to develop an issues and options paper. See separate paper on freshwater update this meeting. |
|
Freshwater – NPS-FM implementation |
Project to implement the NPS-FM through the Tasman Environment Plan |
In progress |
Staff are working with iwi, Nelson, and Marlborough Councils to develop a Te Tau Ihu wide plan for implementing new NPS requirements. Te Puna Kōrero ki Te Tauihu is a Te Tauihu pan council, pan iwi collaborative project to implement the NPS-FM. |
|
Coastal Hazards |
Project to identify and manage coastal hazards in Tasman. |
On track |
Community engagement on high level options recently completed. |
|
Omnibus 2 plan change |
Omnibus to tidy up several minor errors and anomalies in the TRMP |
On track |
Decision of hearing panel notified 16 September. Open for appeals. |
|
Te Waikoropupū WCO (Note: not a Council process) |
Application for a Water Conservation Order over Te Waikoropupū and the supporting aquifer. |
In progress |
Hearing in progress – see item earlier in this report. |
Attachments
Nil
Tasman District Council Strategy and Policy Committee Agenda – 29 September 2022
Information Only - No Decision Required
|
Report To: |
Strategy and Policy Committee |
|
Meeting Date: |
29 September 2022 |
|
Report Author: |
Kit Maling, Chair - Strategy and Policy Committee |
|
Report Number: |
RSPC22-09-4 |
1 Summary
1.1 This is the Chair’s monthly report to the Strategy and Policy Committee.
2 Draft Resolution
That the Strategy and Policy Committee receives the Chair's Report RSPC22-09-4
3 Welcome
3.1 Welcome everyone to today’s Strategy and Policy Committee meeting. As this is our last meeting of this triennium I’d like to take this opportunity to thank a number of people. Firstly, thanks to all of the staff that support this Committee and the consultants that have also prepared reports for different issues that we have dealt with. I’ve found the reports always easy to follow and can follow their logic and haven’t had to read them three times as I did when I first started on Council.
3.2 We have done a lot of work on the Tasman Environment Plan (TEP) and most of this has been done in workshops - we have had good input from the staff and engagement from most Councillors so I’d like to thank my fellow Councillors for their input into this Committee and the TEP that will help shape Tasman’s future.
3.3 For those of you who are retiring, and this is your last meeting, I wish you a long and enjoyable retirement and I’m sure you will not miss reading copious pages of Council reports to get ready for either a workshop or a meeting. For those of us seeking re-election, I wish you every success.
4 Things to consider for the next term
4.1 There is considerable change coming to Local Government. In terms of our TEP, we still do not know on the day of writing this report, whether it will be just a Tasman plan, a joint plan with Nelson or a wider joint plan with all councils in Te Tau Ihu across the top of the south. That is a little frustrating at this stage but we should have a final decision from the government in October.
Resource Management Act (RMA) changes
4.2 The changes to the RMA will come into effect next term with the natural and built environment and other spatial acts. Until it is finally drafted and passed in parliament we will not know the full effects for us other than to say at this time that we will have less input in certain decision making processes.
National Policy Statement on Freshwater Management
4.3 In 2024 we have to present our Freshwater Management Plans. This will go before a special committee and they will not be council members. We will have to maintain and improve the quality of our freshwater and this could have a significant impact on areas of our rural community. The irony of this is that the rivers in Tasman have some of the best quality water in New Zealand but we will still have to improve on this. We are lucky in this context in that the majority of our major rivers come out of national parks so this gives us an advantage.
Review of Local Government
4.4 At the Local Government conference I attended a workshop along with fellow Councillors on changes to Local Government going forward. One of the key issues is funding the work that local councils are being directed to do by central government. That has been raised before but has found little traction but when you look at the environmental work that is in front of this Council, and other regional councils, it is an issue that needs to be resolved. There are other changes that are proposed and some councils appear to be looking for extra work which is not something I think that Tasman District Council needs.
5 Te Waikoropupu Springs
5.1 The WCO hearing is progressing for Te Waikoropupu Springs with final submissions due from all of the parties involved in the near future. This has been a costly exercise for Council and depending on the result, and the national policy statement on freshwater management, there are likely consequences for farming in Golden Bay.
![]()
5.2 Again, I’d like to thank everybody for their input and wish you all the best.
6 Attachments
Nil
Tasman District Council Strategy and Policy Committee Agenda – 29 September 2022
10 CONFIDENTIAL SESSION
10.1 Procedural motion to exclude the public
The following motion is submitted for consideration:
That the public be excluded from the following part(s) of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:
10.2 Tasman Environment Plan Issues and Options - Confidential
|
Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
|
The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
48(1)(d) - To deliberate in private in a procedure where a right of appeal lies to a Court against the final decision.
|
s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |