Environment and
Regulatory Committee Agenda – 06 June 2024
7.2 Group Manager's report
Information Only - No Decision
Required
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Report
To:
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Environment
and Regulatory Committee
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Meeting
Date:
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6
June 2024
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Report
Author:
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Kim Drummond,
Group Manager - Environmental Assurance
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Report
Authorisers:
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Steve
Manners, Chief Operating Officer
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Report
Number:
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RRC24-06-2
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1. Summary
/ Te Tuhinga Whakarāpoto
1.1 To update the
Environment and Regulatory Committee on environmental and regulatory activity
since the last Committee meeting on 24 April 2024.
2. Recommendation/s
/ Ngā Tūtohunga
That the Environment
and Regulatory Committee
1. receives the Group Manager's report RRC24-06-2.
3. New
Government’s legislative and policy priorities
Resource Management Reform Programme
3.1 In the Group Manager’s report for
the 24 April 2024 meeting of the Environment and Regulatory Committee,
councillors were reminded of the three phases of legislative reform, with phase
one (being the repeal of recent legislation) being complete.
3.2 Phase two of the reform programme
includes making targeted changes to the Resource Management Act 1991, via two
separate Bills. The first Bill was introduced into the house on 23 May 2024 as
the Resource Management (Freshwater and Other Matters) Amendment Bill. Key
elements of the Bill are about:
3.2.1 Making it clear that resource
consent applicants no longer need to demonstrate their proposed activities
follow the Te Mana o te Wai hierarchy of regulations, as set out in the current
National Policy Statement for Freshwater Management (NPS-FM)
3.2.2 Suspending the requirements for
councils to identify new Significant Natural Areas (SNAs) in accordance with
the National Policy Statement for Indigenous Biodiversity (NPS-IB) for tock
exclusion regulations in relation to sloped land
3.2.3 Repealing intensive winter
grazing regulations
3.2.4 Aligning the consenting pathway
for coal mining with the pathway for other mining activities in the NPS-IB,
NPS-FM, and the National Environment Standards for Freshwater (NES-F)
3.2.5 Speeding the process to develop
or amend national direction, such as national policy statements and national
environment standards.
3.3 At the time of writing, the bill was set
down for its first reading and to be referred to the Primary Production Select
Committee for submissions. Staff have yet to consider the value of a submission
from the Council, over relying on a submission from Te Uru Kahika that will
address implications for regional responsibilities. Councillor guidance on that
point is sought.
3.4 The second amendment bill will focus on
short term targeted changes that will have impact while long-term Resource
Management Act 1991 (RMA) replacement policy is developed. The scope of that
bill is still being developed but is likely to include a suite of changes to
current national direction.
3.5 Phase three will involve replacing the
RMA with new legislation based on the enjoyment of property rights. For
developers this will mean a more efficient and effective process for consenting
residential developments.
Freshwater Farm Plans
3.6 The coalition Government has signalled
an intention to improve freshwater farm plan (FW FP) regulations to ensure they
are pragmatic and cost effective. In recognition of this the Ministry for the
Environment (MFE) is taking a light touch approach to the implementation of the
FW FP regulations. The MFE is also engaging with stakeholder groups to develop
policy ideas that will inform improvements made to the FW FP system.
3.7 MFE has also advised that it intends to
engage with Te Uru Kahika on three streams of work over the next three months
to inform its advice to ministers. These are:
3.7.1 The formal pause of
implementation – largely completed
3.7.2 The Industry Assurance Programme
(IAP) pathway standards – currently underway but wider engagement through
June
3.7.3 The certification/audit process
and what a risk-based approach should look like.
3.8 Te Uru Kahika has formed a reference
group for this work and has recommended a set of principles to guide the review
to Regional Council Chief Executives (RCEOs). These principles continue to be
consistent with those outlined in the Group Manager’s report for the 24
April 2024 meeting of the Environment and Regulatory Committee. MFE has advised
that this work is closely linked to the advice it is developing on adjustments
to the NPS-FW and the NES-F.
Fast Track Consenting Bill
3.9 The Committee retrospectively approved a
submission from the Council to the Fast Track Consenting Bill at its meeting of
24 April 2024. At the time of writing the Council did not have a date and time
to appear before the Select Committee, but other Councils were being
periodically contacted with dates and a short notice.
Inquiry into climate adaptation
3.10 Public submissions are now open for the Finance and
Expenditure Committee’s Inquiry into climate adaptation. The closing date
for submissions is midnight on Sunday 16 June 2024. The inquiry has a terms of
reference that can be found at Inquiry
into climate adaptation - New Zealand Parliament (www.parliament.nz).
3.11 The Committee must finally report on the inquiry by
5 September 2024.
Proposed Minerals Strategy to 2040
3.12 The Government is proposing a draft Minerals
Strategy to enable a long term, strategic approach to how New Zealand develops
our mineral resources. It considers the minerals sector is currently facing
major challenges. These include lack of complete understanding of our minerals
ecosystem, supply chain risks, and a regulatory system that needs to be
improved to enable investment.
3.13 The development of a minerals strategy is proposed
as a first step in ensuring New Zealand has a strategic framework for resource
production so that development and economic growth off the back of our minerals
happens in a responsible manner. The proposed strategy is built on three
key pillars (enhancing prosperity for New Zealanders, demonstrating the sectors
value, and delivering minerals for a clean energy transition).
3.14 The draft strategy can be found at Proposed
minerals strategy to 2040 | Ministry of Business, Innovation & Employment
(mbie.govt.nz). Consultation closes on 31 July 2024.
4. Maritime
Matters - Projects and Recent Developments
4.1 At the 24 April 2024 meeting of the Environment and Regulatory
Committee, the new Harbourmaster (HM) presented the first Harbourmaster Report
following its excision from the more general Regulatory Manager’s report.
Subsequent to that report, discussion also took place within the Operations
Committee regarding the challenges associated with moving the harbourmaster
vessel around the district by road. The article is available at https://www.stuff.co.nz/nz-news/350277928/harbourmaster-not-rescue-service
4.2 In view of the higher profile being
given to the harbourmaster service, an update of activity is included here.
Storm Impact on Navigation
4.2.1 An April storm disrupted
navigation in the Motueka channel, moving seven channel markers and one large
fairway buoy. The buoys were quickly relocated to their correct positions and
the ground tackle assessed for suitability.
4.2.2 The risk lies in misdirecting
vessels if the markers have shifted, especially since the Council advertises
safe water areas. The Harbourmaster’s Office (HMO) is upgrading ground
tackle on the outer markers. This will increase the safety of this channel.
Inter-Agency Signage
4.2.3 The project to improve
inter-agency signage is progressing well, with design and printing quotes
obtained. A presentation has been provided to the Golden Bay Community Board
highlighting that the area is to be the initial focus of attention.
4.2.4 The HMO is applying for a
community grant through the Safer Boating Forum to enhance navigation signage
throughout Tasman.
4.2.5 Navigation Safety Bylaw
4.2.6 The HM is collaborating closely
with the policy team and other HMOs across Te Tauihu regarding the updating of
Navigation Safety Bylaws. Approval will be sought from the Environment and
Regulatory Committee to initiate the public consultation process.
Large Vessel Management and Anchoring
4.2.7 HMO is plans five additional
anchorages along the Abel Tasman coastline. Benthic survey work is underway in
collaboration with the science team. These anchorages will be included in the
navigation safety bylaw and costs for establishing the system will be recovered
from users of authorised anchorages.
MV Sentinel
4.2.8 The HMO is towing Sentinel from
the shed in Motueka to the ramp, a distance of approximately 400m, on the road.
This is only done as leaving Sentinel in the water for longer duration will
degrade the vessel; she is not designed to be an in-water boat. We also need to
refuel out of a mini tank on the back of a HMO utility vehicle. This is a
high-risk activity so for extra safety we do this in our yard with appropriate
precautionary measures in place.
4.2.9 Sentinel is now due for a refit.
A work schedule will address wiring, corrosion, software issues, and antenna
interference. The aim is to minimise downtime during the refit.
Recreational vessel and marine farm interaction in Tasman
Bay
4.2.10 In early May a recreational vessel left its
fishing spot at the south end of AMA3 in Tasman Bay and accelerated to 25 km/h.
The operator believed they were clear of the mussel farm, even though they were
still inside the reserve area. However, the vessel was in a block of unused
backbones that had been sunk back in November.
4.2.11 It is understood that the vessel impacted
one of these lines causing the operator to be thrown into the bottom of the
boat, unable to move for about 3.5 hours. The coastguard arrived and towed the
vessel into Motueka for an awaiting ambulance. Injuries included broken ribs
and fractured vertebrae.
4.2.12 The HM issued an exclusion zone for
recreational vessels and conducted five site inspections to ensure compliance.
The Notice was lifted in mid-May when all hazards were addressed by the
owners/operators of the lines.
Navigation
Safety SIG and Safer Boating Forum
4.2.13 The Navigation Safety Special Interest
Group (SIG) is part of the Te Uru Kahika network. It recently met in Wellington
at time scheduled to cross over with a meeting of the Safer Boating Forum.
4.2.14 The HM attended both events and the
feedback was that it was a valuable experience and allowed one to one
interactions with both colleagues and industry experts.
Oil Pollution Levy Funding Constraints
4.2.15 With the current restrictive spending
environment, Maritime NZ has advised it will scale back on paying responders
for their time for training courses and exercises. It has also cancelled the
oil spill conference for this year.
4.2.16 The implication is that staff time
associated with preparing for oil spill events will no longer be funded by
Maritime NZ.
Building industry activity in Tasman
5.1 As of 2 May 2024, residential
building consents across the country were down, with a significant drop in
Tasman. For the fourth consecutive month, Tasman is down 58% year on year,
compared to a nationwide drop of 25%.
Building Consent Authority Accreditation maintained
5.2 In October 2023, Building
Assurance had a positive International Accreditation New Zealand (IANZ) audit.
The organisation responsible for Biennial accreditation assessments for
Building Consent Authorities. The purpose of the building consent authority accreditation
scheme is to set out the minimum policies, procedures, and systems that a
building consent authority must have, and consistently and effectively
implement, to perform its building control functions. Five General Non
Compliances (GNC) were found. All five GNCs were cleared on 3 May 2024, and we
have continued accreditation.
5.3 Tasman remains a low-risk BCA and
will continue with the two-year cycle of assessments.
Earthquake–prone building system review
5.4 The
Government has brought forward the review of the Earthquake-prone buildings
(EPB) system to this year to identify improvements in the way New Zealand
manages seismic risk in existing buildings.
5.5 The
review is underway, and the Government has indicated an intention to amend the
Building Act to extend all non-lapsed EPB remediation deadlines by four years,
with an option of extending a further two years if required.
5.6 Extensions
are intended to apply automatically, and councils will re-issue
earthquake-prone building notices to all eligible buildings, once the
amendments to the Act are made (expected by end of 2024). This will help keep
implementation costs low and provide clarity and certainty to owners and
councils.
5.7 While
eligible building owners will have more time to strengthen or demolish their
earthquake-prone building following these changes, all other earthquake-prone
building requirements under the Building Act will continue to apply. Once the
review is completed, further legislative changes to the Act may be made.
5.8 Further
information about the review and legislation to extend remediation deadlines
will be made available throughout 2024. With the limited information at
present, indications are that the Richmond office should fall into this
category and the deadline would be pushed out to 2037 with a two-year extension
if required.
Ministry of Business Innovation and Employment (MBIE)
Building Consent System Performance Monitoring
5.9 This
establishes consistent monitoring on the performance of the building consent
system, with a particular focus on building consent and code compliance
certificate timeframes. The data is supplied by Building Consent Authorities
(BCAs) across the country.
5.10 Timeframes
for building consent and/or code compliance certificate approval are some of
the key indicators for building consent system performance. Delays in the
system can have flow-on effects for builders and homeowners and can limit the
capacity of the industry to work as efficiently and quickly as possible.
5.11 By
establishing regular performance monitoring, MBIE aims to identify and address
these delays promptly, thereby enhancing our operational and system efficiency.
5.12 During
the first quarter of 2024, a total of 15,736 applications for building
consents, including amendments, and 15,125 applications for Code Compliance
Certificates (CCCs), including Certificates of Acceptance (COAs), were
processed.
5.13 Out
of all the building consent applications, 88.0% were processed within the
statutory timeframe. The median processing time for these applications was 13.2
working days. Of the Tasman building consents, 99.6% were issued within the
statutory time frame and processing time was five working days.
5.14 The
median processing time for CCCs was much shorter at five working days, and
93.6% of the applications were processed within the statutory timeframe. Tasman
CCCs were issued in three working days.
Court matters
6.1 The
Council brought charges against an unlicenced café operator, who has
pled guilty to two representative charges – knowingly selling food from
an unregistered food business and failing to comply with a direction of notice
served under section 305 of the Food Act 2014. The next step in this case will
be the sentencing.
6.2 There
are four cases currently before the Court; two under the District Court and two
enforcement order applications that are before the Environment Court:
6.2.1 Discharge of contaminants from a
rural industrial activity in Brightwater where there have been systemic
problems with managing leachate and stormwater run-off from the site.
Proceedings have commenced against the company and directors.
6.2.2 A landowner from the Murchison
area is alleged to have destroyed a significant area (close to 10 hectares) of
indigenous forest without a resource consent. Proceedings have commenced
against the landowner and company. In addition, court orders have been sought
to require fencing and pest control to remediate and protect the remaining
natural vegetation on the property.
6.2.3 Application for an enforcement
order has been made to require an unauthorised structure in Motueka (which is
allegedly being used for residential activity) to be reverted to its original
purpose - a garage.
6.2.4 A second application for
enforcement order has been made in relation to a “tiny home” in the
Moutere that is being used for residential activity without the necessary
resource consent. The matter will be heard before the Court later this month.
Subdivision applications
lodged since March 2024
7.1 The
resource consents section has received a number of large notable subdivision
applications since March 2024 that collective signal an indifferent fit to the
Future Development Strategy (FDS). Below is a summary of each of these
subdivisions. We have one contract planner processing three of these (the
first three listed) but do not yet have an experienced planner (internally or
externally) to process the other two.
RM240192 et al - Tahimana
– 141 lot subdivision – Awa Awa Road
7.2 This
application is for a 141 lot subdivision in the Rural 3 Zone. It is proposed to
create 101 residential lots (between 590m2 and 3200m2),
38 rural lifestyle lots (between 5000m2 and 2.11 hectares) and two
rural lots (11.4 hectares and 5.68 hectares). The two rural lots contain
waterway and wetland areas.
7.3 Lots
are also proposed to vest in Council for roads, network utilities and a local
purpose reserve. Land use consent is sought to construct a future dwelling on
each of the 141 lots.
7.4 There
will be a private wastewater treatment system for the 101 residential lots. The
remaining 40 rural lifestyle/rural lots will each be provided with onsite
wastewater discharge at time of building consent. In terms of water supply,
this is still to be finalised with Council’s infrastructure team but
there will be some allocation from Council’s water supply for the
residential lots and the allocated supply will also be used to provide
fire-fighting water supply for all lots in the subdivision. The rural lifestyle
lots will be provided with onsite potable water supply.
7.5 Stagecoach
Road will provide access to the subdivision, and it is proposed to upgrade the
road from the end of the current sealed section.
7.6 This
site was rejected under the FDS for 600 lots due to not being aligned with
preferred strategy and performed very poorly under multi criteria assessment
(MCA). There were also significant cultural impacts raised.
7.7 The
subdivision application includes a record of iwi consultation, a Cultural
Values Statement and a Cultural Impact Assessment. Two iwi have expressed
interest in the application and consultation is ongoing.
RM240162 et al –
Kamana Estate – 26 lot – 3 Nile Road
7.8 This
application is for a 26 lot subdivision in the Rural 3 Zone. The lots range in
size from 4800m2 to 2.13 hectares, with land use consent sought to
construct a future dwelling on each lot. The subdivision also includes a
private reserve, road to vest and a walkway. Balance land has been set aside
for future development. The lots will be serviced with onsite water supply and
wastewater and stormwater disposal. All systems will remain in private
ownership. The application proposes to extend and upgrade Nile Road, including
provision of a shared path.
7.9 The
application does not identify any cultural concerns and an Accidental Discovery
Protocol is volunteered. Two iwi have expressed an interest in the application
and consultation is ongoing.
7.10 This
site was rejected under the FDS for 250 lots due to not being aligned with
preferred strategy and performed poorly under MCA.
RM240148 et al –
Fairmont View – 33 lot – 53 Seaton Valley Road
7.11 This
application is for a 33 lot residential subdivision in the Rural 1 (Deferred
Residential) Zone. The lots range in size from 450m2 to 1007m2.
7.12 The
application was originally lodged last year as a 111 lot subdivision. The
applicant was advised that the proposal did not align with the policy direction
and regulations of the NPS - FM and the National Environmental Standards for
Freshwater. The applicant subsequently withdrew that application and applied
for what is essentially Stage 1 of the subdivision, being 33 lots.
7.13 The
subdivision is proposed to be accessed via an extension to Catherine Road, with
five lots gaining access from a right of way off Seaton Valley Road. Two lots
are proposed to vest as reserve and will form an extension to Catherine
Reserve. Reticulated water, wastewater and stormwater is proposed for all
residential lots. Servicing of the subdivision is still to be finalised with
Council’s infrastructure team.
7.14 The
application includes a summary of consultation undertaken with iwi. One iwi has
expressed interest in the application and the applicant has advised that
consultation is ongoing.
7.15 This
was not an FDS site.
RM240241 – Tasman
Bay Estates – 58 lot – 77 Mamaku Road
7.16 This
application proposes to subdivide 40 hectares held in 6 existing titles into 58
rural lifestyle allotments ranging from around 1400m2 to around
3500m2, with part of the balance land (3 titles) to be held in
common by the 58 rural lifestyle lots and managed by the Residents Association.
7.17 The
application proposes three roads to vest, right of ways and balance land to be
held in common ownership.
7.18 Multiple
associated resource consents will be required for the development including a
land use consent to construct a future dwelling on each of the 58 lots;
discharge consents for stormwater, wastewater, plus resource consents for
earthworks, disturbing the bed of, and divert two existing watercourse and
disturbing soils that are contaminated.
7.19 A
number of technical reports have been provided that outline and assess the
proposed subdivision, including a Landscape Assessment, Traffic Impact
Assessment & Road Safety Audit, Geotechnical Investigation, Detailed Site
Investigation, Ecological Assessment, and Land Productivity Assessment.
7.20 This
site was rejected under the FDS for 1,200 lots due to not being aligned with
preferred strategy and performed very poorly under MCA.
7.21 The
application has been submitted in a reduced form to that submitted to the FDS
to be considered as a development under the existing Rural 3 Zoning. Cultural
effects have been addressed as part of the application but still need to be
reviewed by staff, if complete.
7.22 This
application has not been checked for completeness and the applicant has agreed
to place this consent on hold until we have a senior planner back in the
subdivision team after maternity leave in June.
RM240274 – Hop
Field Development – 36 residential lots – 91 Poole St
7.23 This
application proposes to subdivide Residential Zones land located at 91 Poole
Street into 36 residential allotments, a drainage lot, a local purpose reserve,
2 new roads to vest in Council and a Right of Way. The proposed
allotments range from 251m2 to 740m2, with a larger title
of 1720m2 to accommodate the existing dwelling. There are multiple
additional resource consent applications associated with the subdivision for
land use, stormwater discharge, and disturbing soils that are contaminated.
7.24 A
number of technical reports have been provided that outline and assess the
proposed subdivision. At the time of writing this application has not been
allocated to a staff member or checked for completeness.
Nil
