Notice is given that an ordinary meeting of the Environment and Regulatory Committee will be held on:

 

Date: Time: Meeting Room: Venue: Zoom conference link: Meeting ID: Meeting Passcode:	Thursday 10 October 2024 9:30 am Tasman Council Chamber 189 Queen Street, Richmond https://us02web.zoom.us/j/82169062572?pwd=kKGM9SdYbrfalSB0fih3K8meWQmo0Y.1 821 6906 2572 537101
Environment and Regulatory Committee   Komiti Ture    AGENDA

 MEMBERSHIP

Chairperson	Cr C Hill
Deputy Chairperson	Cr B Maru
Members	Mayor T King	Cr M Greening
	Deputy Mayor S Bryant	Cr C Mackenzie
	Cr C Butler	Cr M Kininmonth
	Cr G Daikee	Cr K Maling
	Cr B Dowler	Cr D Shallcrass
	Cr J Ellis	Cr T Walker

 

 

(Quorum 7 members)

 

Contact Telephone: 03 543 8400 Email: tdc.governance@tasman.govt.nz Website: www.tasman.govt.nz

 

 

AGENDA

1        Opening, Welcome, KARAKIA

2        Apologies and Leave of Absence

 

Recommendation That the apologies be accepted from Councillors C Mackenzie, K Maling, and M Kininmonth.

 

3        Public Forum

Nil

4        Declarations of Interest

5        LATE ITEMS

6        Confirmation of minutes

 

That the minutes of the Environment and Regulatory Committee meeting held on Thursday, 29 August 2024, be confirmed as a true and correct record of the meeting.

 

7        Reports

7.1     Group Manager - Environmental Assurance Report............................................... 4

7.2     Environmental Information Manager's report........................................................ 14

7.3     Building Assurance Manager's report................................................................... 40

7.4     Groundwater SOE report....................................................................................... 51

8        Confidential Session

8.1     Procedural motion to exclude the public............................................................... 83

8.2     Ex Gratia Payment Proposal................................................................................. 83

9        CLOSING KARAKIA

 

 

7     Reports

0.0     Group Manager - Environmental Assurance Report

Information Only - No Decision Required

Report To:	Environment and Regulatory Committee
Meeting Date:	10 October 2024
Report Author:	Kim Drummond, Group Manager - Environmental Assurance
Report Authorisers:	Steve Manners, Chief Operating Officer
Report Number:	RRC24-10-1

 

1.1     To update the Environment and Regulatory Committee on environmental and regulatory activity since the last Committee meeting on 29 August 2024.

That the Environment and Regulatory Committee

1.       receives the Group Manager - Environmental Assurance report, RRC24-10-1.

3.1     At the last meeting of the Committee we reflected on the Local Government New Zealand Conference, and in particular the Super Steward Award for the Mangatāwhai/Black Valley Wetland Restoration project, which combined Mātauranga Māori with modern environmental techniques.

3.2     Following that, the Taituarā Conference was held in Auckland over 11-13 September. Taituarā is a membership network for professionals working in and for Local Government. I attended the conference, along with our Chief Executive.

3.3     The Minister for Local Government, Hon Simeon Brown, opened day two of the conference and reinforced the “back to basics” message for Local Government that had been delivered by the Prime Minister to attendees of the Local Government New Zealand conference. Further information on the Government’s plans can be found here.

3.4     There were two workshops within the conference that were led by officials from the Department of Internal Affairs (DIA) and Ministry for the Environment (MfE). The first described the strategic framework that had been released by the Minister for Local Government – Regional Deals framework.

3.5     The rationale for the proposed changes to the Local Government Act and the Regional Deals framework, was set out in a proactive release of Cabinet material about the Local Government Forward work programme in late August.

3.6     The second workshop was entitled “Planning for the future: RMA reform” and was focused on the second leg of Phase II of the Resource Management Act (RMA) reforms. The Bill delivering on this is expected to be introduced into the House this side of Christmas, referred to a Select Committee and submissions called for. Running parallel to that consultation will be consultation over both new and amended national direction instruments – with more than 20 in total. This is sets up the early part of 2025 as being an intense period for consultation. The officials also signaled upcoming announcements on Phase III of the RMA reforms – which will involve a replacement for the RMA.

Phase III: New Resource Management System

4.1     On 20 September 2024, Ministers Hon Chris Bishop and Simon Court issued a media release outlining the proposed replacement of the Resource Management Act. Also available via this link is a fact sheet. On the same day, the Ministers spoke at the Resource Management Law Association conference held in New Plymouth.

 4.2    In essence, the proposed approach is to separate out the environment from development, with two new pieces of legislation. There will be one plan per region, although region is undefined. It essentially looks to put decision-making with Councils and signals a lesser role for the Environment Court: “For councils, the new system will empower councils by recognising the right of elected councils to make decisions. Councils must be able to plan their regions and set local environmental limits without the constant threat of judicial review or prosecution.”

Building Act

4.3     On 5 September 2024, the Minister for Building and Construction, Hon Chris Penk, issued a media release signalling a major shake-up of building products which was intended to make it easier and more affordable to build.

4.4     More recently, on Sunday 29 September the Minister issued a media release to announce that the Government is investigating options for a major reform of the building consent system, aimed at improving efficiency and effectiveness across New Zealand.

4.5     Also on the Sunday, the Building Performance Team at Ministry of Business, Innovation and Employment (MBIE) sent out a communication that signalled they will be progressing work to identify the best way to deliver consenting services in Aotearoa New Zealand. Some initial ideas they will be investigating include developing a new Building Consent Authority (BCA) structure, liability settings and the role of private insurance in the consent system.

4.6     MBIE has signalled there is an opportunity to collaborate and re-imagine a core part of our building system to make sure it works for us now and in the future. The following day, each Council with a BCA was invited to participate in a webinar to hear from the Minister and key officials about the rationale for the approach. Our Council was represented on the call by our Building Assurance Manager, who is also presenting a report on the activity of the section to the Committee at this meeting.

4.7     Local Government New Zealand welcomed what it sees as a total revamp of the building consent system, including addressing the issue of liability, as a critical step towards addressing New Zealand’s housing woes. Their response of 30 September is available here.

Biosecurity Act

4.8     On 19 September 2024, the Minister of Biosecurity, Hon Andrew Hoggard issued a media release signalling the initiation of consultation on significant updates to the biosecurity system.

4.9     The consultation is over proposals to strengthen the country’s vital biosecurity system, including higher fines for passengers bringing in undeclared high-risk goods, greater flexibility around importing requirements, and fairer cost sharing for biosecurity responses. Further insights into the proposed reforms are provided in the Environmental Information report to the Committee at this meeting.

Resource Management (Freshwater and Other Matters) Amendment Bill

5.1     The Select Committee (Primary Production) considering the Resource Management (Freshwater and Other Matters) Amendment Bill reported back to the House on 30 September. The report is available here.

5.2     Of particular note, is that the Select Committee has recommended changes to section 107 of the RMA that were not the subject of submissions and were not part of the original Bill. Currently this provision prevents a discharge permit being granted where the discharge is likely to result in any significant adverse effects on aquatic life. The suggested amendment is to give the consent authority scope to take into account whether the receiving waters are already subject to significant adverse effects on aquatic life and consent conditions would contribute to a reduction in those effects.

5.3     It is also noteworthy that the Select Committee has recommended that the changes to sections 92, 104 and Schedule 4 (identifying that the hierarchy of obligations in the NPS-FM do not apply to resource consents) are to apply to consent applications lodged, but not decided on, not just new consent applications.

Draft Minerals Strategy

5.4     MBIE has summarised the submissions it received on the draft Minerals Strategy that the Council submitted on through this Committee.

Natural Hazard information to be included in LIMs

6.1     In July 2023 an amendment to the Local Government Official Information and Meetings Act was passed that provided for improved information on natural hazards to be included in Land Information Memorandums (LIMs). The commencement was delayed until 1 July 2025 to allow time to develop regulations and for councils to prepare for the changes.

6.2     A set of draft regulations has been circulated to staff, and DIA are working with Taituarā to provide webinars that allow a close evaluation of the draft regulations, and allow council staff to ask questions and receive feedback. One of the outcomes from the webinar was expected to be a recommendation from staff as to whether or not a submission from this council was required.

6.3     The regulations provide for the type and format of natural hazard information to be included in LIMs. This includes items such as specific headings to use in LIMs, minimum information to include about technical reports, maps and the use of plain language etc. These changes affect several teams across Council and a working group has been formed to consider and provide feedback on the regulations, as well as lead the changes to council systems and processes to implement the changes.

6.4     If we decide to provide a submission to the DIA, it is likely to be requests for clarification and further information on the regulations to ensure we can implement the regulations appropriately.

6.5     If we proceed with a submission, the final version will be submitted to this Committee for retrospective approval at the next meeting.

7.1     The construction of the Harbourmaster office’s (HMO) new (6.3m) boat is ahead of schedule thanks to the team at DNA Boats. The aim is to have it operational for the upcoming summer.

 

 

 

 

 

 

 

 

 

7.2     In line with the revamped vessel arrangements, Sentinel is now based in the marina at Port Motueka and is kept out of the water by a floating dock.

7.3     In relation to placement of navigation aids, our Harbourmaster has received a delegation under section 200(7) of the Maritime Transport Act (MTA) from Maritime New Zealand (MNZ). This delegation will assist the HMO in offering the expected level of service to our community, allowing the placement, maintenance, and movement of navigation aids.

7.4     The HMO was successful in three out of six applications made to the Safer Boating Forum. Details of the successful applications are not to be released until Maritime New Zealand makes a media release, but the three successful applications all support our education programme, which will greatly assist the rollout of a new navigation safety bylaw.

7.5     The Harbourmaster issued a direction under the MTA to the stricken west coast barge to address safety concerns during its passage to Nelson last month. This was after a risk assessment and consultation with other harbourmasters, the operator, and Maritime New Zealand’s incident response team. The barge is currently detained in Nelson and has a second Tasman Harbourmaster direction prohibiting her entry back into Tasman waters. This is a risk-based decision and can be lifted when the operator has addressed the concerns raised.

7.6     The South Island Harbourmaster Forum met in Picton last month with topics on the agenda including: a regional round-up, HM directions and their uses, reviews of the two grounding incidents, navigation safety bylaws, a national approach to vessel fires, and collaboration between regions/MOU potential.

Matters before the Court

8.1     Appeal against the decision of the Environment Court regarding a tiny home in the Upper Moutere:

8.1.1  The respondents filed a notice of appeal and an application for stay with the Nelson District Court following the decision of the Environment Court 31 July 2024.

8.1.2  The High Court made an order staying the enforcement order that was made by the Environment Court.

8.1.3  The applicants also filed and served their reply to Council’s cost application.

8.1.4  Tasman District Council filed a response to the Respondents’ response to Council’s application for costs.

8.2     A prosecution involving the discharge of contaminants from a rural industrial activity in Brightwater:

8.2.1  Guilty Pleas have now been entered to all charges for the company and the directors.

8.2.2  A disputed fact hearing took place on 27 September 2024 and sentencing is set down for 31 October 2024.

 

District Licensing Committee

8.3     Legislative changes came into effect in May 2024 that impacted on the District Licensing Committee (DLC). The DLC will meet on 10 October 2024 to discuss the changes and implement the new process. The Council’s hearing information pack will be updated after the meeting to reflect any changes.

8.4     Some of the main changes are that:

8.4.1  Cross examination is no longer allowed at DLC hearings.

8.4.2  Tikanga is allowed to be incorporated into proceedings.

8.4.3  Evidence is allowed to be received in Te Reo Māori.

8.4.4  Requests for remote attendance should be considered.

8.5     The 2023-2024 Annual DLC Report was submitted to the Alcohol Regulatory & Licensing Authority (ARLA) on 5 September 2024. The annual report provides answers to questions which relate to the make-up of our DLC. A copy of the report is attached.

 

New Parking Infringement and Towage Fees

8.6     The Government has agreed to inflation-based increases to parking and towage fees, to come into effect from 1 October 2024.

8.7     The revised fee for parking in a disabled car park without a permit will have an increase higher than inflation to better reflect the seriousness of the offence, the fee will change from $150 to $750.

8.8     Time limited offences will change on a graduated scale, for example:

8.8.1  Overstaying not more than 30 minutes will change from $12 to $20.

8.8.2  Overstaying more than 30 minutes but not more than 1 hour will change from $15 to $25.

8.8.3  The maximum fee for overstaying (more than 6 hours) will change from $57 to $97.

 

1.⇩

2023-2024 Annual DLC report

10

 

 

 

7.2     Environmental Information Manager's report

Information Only - No Decision Required

Report To:	Environment and Regulatory Committee
Meeting Date:	10 October 2024
Report Author:	Mirka Langford, Acting Environmental Information Manager
Report Authorisers:	Rob Smith, Acting Group Manager - Information, Science & Technology
Report Number:	RRC24-10-2

 

1.1     The report covers the first quarter of the new financial year and covers a range of the operations undertaken by the Environmental Information (EI) team.

That the Environment and Regulatory Committee

1.       receives the Environmental Information Manager's report, RRC24-10-2.

3.1     To update the Environment and Regulatory Committee on the activity areas of the Environmental Information team. While we do not have an extensive capital programme, we do undertake State of the Environment monitoring and resource management monitoring and survey to enable support and advice to the wider Council and to ensure Tasman’s compliance with national reporting requirements.

4.1     To cover the range of activities of the section, the broad areas are split activities the EI team carries out in each of the Freshwater Management Units (FMUs) across the district as well as district wide activities within their functions.

FMU Specific Work

Mohua (Aorere & Tākaka)

5.1     During September, the Institute of Environmental Science and Research (ESR) came to Golden Bay to undertake sampling of groundwater dependent ecosystems from the marble and gravel aquifers in the Tākaka Valley. Groundwater dependent ecosystems (GDE) consist of organisms that rely wholly or partially on groundwater throughout their entire life cycle. This is the 6^th time that groundwaters in the Tākaka valley have undergone groundwater dependent ecosystem sampling by ESR.

Figure 1: ESR removing a filter to take to the laboratory after undergoing pressurised field filtering. This method uses compressed air to force large volumes of water from a pressure pot through a filter housing, which causes DNA residues to become deposited on the filter paper. The DNA residue on the filter paper is then analysed by the laboratory for microbial analysis.

6.1     The Tākaka flood modelling project is complete. This modelling is an update to Council’s 2010 Tākaka flood modelling and was undertaken because data and modelling technologies have improved significantly over the past ~14 years. For example, the 2010 model ‘injected’ water from each of the rivers, while the 2024 model uses ‘rain on grid’ for much of the catchment which simulates rain falling on across the catchment. The new model also covers a much larger area of the Tākaka valley than was previously possible. The previous model had a resolution of 6 metres, while the new model has a resolution as high as 1 metre in areas of specific interest such as along the margins of the river and across Tākaka township.

6.2     The new model utilises recent bathymetric survey data for the Tākaka River which was not available in 2010. The new model was validated using observations from four past flood events: June 2004, March 2016, February 2018 (ex-tropical cyclone Gita), and August 2022. This validation process gives confidence that the model is robust and that the scenarios that are represented in the model are accurate.

6.3     The new model includes a range of key flood events including a 10-year flood, 20-year flood, 50-year flood, 100-year flood, and 200-year flood. All these key floods also have updated climate change scenarios looking forward to the period 2080-2100.

6.4     Overall the updated model confirms what is already known about significant flood risk to Tākaka township. The model provides Council with an accurate basis for setting ground and floor levels to ensure that development across the Tākaka catchment is resilient to flood hazards. Council staff are currently working on developing a public data portal to make the Tākaka flood model and other natural hazards information held by Council easily accessible by the general public.

Figure 2: Extent of Council’s 2010 Tākaka flood model (left) compared to the new 2024 flood model (right).

     

Figure 3: Two examples of the model validation against the March 2016 flood. Flood extents from the model are shown below oblique aerial photos taken by Council staff in the aftermath of the flooding. The model representations of the March 2016 flood, closely matches the photographs of the actual flood extent.

Figure 4: Examples of the model validation against floods in June 2004 and March 2016. The graphs compare measured and modelled flow at different flow recorder sites across the Tākaka catchment. Overall, the modelled flows show good agreement with the measured flows.

Motueka

7.1     Planting for autumn 2024 is now complete with 21,476 stems planted at the Whakapaetuara / Motueka Delta site. Work was halted briefly at this culturally significant and complex site with the discovery of charcoal in one plant hole. Investigation by iwi monitors and review of images by archaeologists indicated it was recently formed and this was corroborated by the local farming families.

 

Figure 5: Planting for autumn 2024 is now complete with 21,476 stems planted.

7.2     Predator control planning is also underway with initial monitoring indicating rats and possibly cats to be the biggest risk factors. The team are in the enviable position of having adequate funding to establish an electronically monitored predator control network. Steps are being taken to provide benefit beyond the site and project with the technology capable of supporting multiple sites across the Motueka area and indeed the Motueka River Valley.

Figure 6: Rat captured on game camera in the estuarine zone.

Figure 7: Banded rail (Moho pererū) ”hiding’’ behind bamboo pole.

Waimea

8.1     The Wai-iti Valley continuous to be dry in parts with low rainfall over the winter months. The Wai-iti dam (23 September 2024) is only 37.2 % full. This is a concern as the irrigation season starts in November. If dry conditions prevail over the summer then there is a potential to run the dam dry early which would have severe consequences for the Wai-iti Valley water users and the Wai-iti River. Staff will be working closely with the Water User Committee in managing the dam storage over the summer.

9.1     A starter meeting for a Waimea catchment group was initiated by Annette Litherland of NZ Landcare Trust and held in Brightwater on 12 September 2024. Council’s Catchment Facilitator for Waimea attended and provided support. The intention of the meeting was to gauge whether there was interest in establishing one or several catchment groups in the wider Waimea Catchment.

9.2     The outcome of the meeting was that there is a good deal of interest, and that a larger meeting would be organised and promoted using existing networks (rather than being publicly advertised and open to all). At this stage, the main interest was from landowners not situated on the Waimea Plains, and there was an acknowledgement that there were different issues on the Plains and that these were being managed in different ways.  It was great to see several sheep and beef farmers present. Some of these larger landowners/land managers span several sub-catchments and have good networks. The relatively new Roding Catchment Group (Aniseed Valley) attended and were able to share their experiences for some inspiration.

Wilding Conifer Control – Mount Richmond Management Unit

10.1   The wilding control work has taken a break for the winter period, with work planned to recommence later in the spring. Funding for this financial year will be $190k from the National Wilding Conifer Control Programme. This year will see control work continue at Gordons faces where there is a large infestation of Douglas Fir and Pinus contorta.

 

Figure 8: Wairoa Gorge Boom Spray from earlier this year starting to turn. Green strips are what was left as buffers around small watercourses. Photo taken 30 September 2024.

Figure 9: Photos that show the scale of the problem still ahead on Gordons Faces. Photo taken 30 September 2024.

Figure 10: Past work in the Hackett. Photo taken 30 September 2024.

 

Waimea Inlet Enhancement Project

10.2   An ornithologist has been engaged to undertake monitoring of marsh birds in the Waimea Delta area. This will help to provide a picture of what species are already using this highly diverse and important habitat. This will also give an idea of how the wetland enhancement here will add to the diversity as it develops into prime habitat. A further two monitoring sweeps will be undertaken in the coming months with a report following.

10.3   Large scale salt marsh restoration planting is planned for Autumn 2025 at three sites (Rough Island Embayment, Research Orchard Road and Estuary Place). This will see circa 15,000 plants added to these areas to increase the density of salt marsh plant communities.

10.4   Waimea Inlet Pest Plant Control – Work is well underway again for the final year of the project. Key species such as Tamarisk, Jelly Bean Iceplant and Carex divisa will all be targeted. The work programme will also include several site based control operations around the Waimea River and Waimea Delta. This will help to reduce weed burden in the wetland enhancement and Salt Marsh Ribbonwood dominated areas.

Waimea Inlet 1 Billion Trees (Phase 2)

10.5   19,190 plants have been planted so far in winter 2024, with a further 1,000 to go. This has seen a focus upon existing sites to infill and add further diversity.

10.6   A new site that has been planted was at Greenslade Park at Rough Island (see image below). Further plantings have gone in at Moturoa/Rabbit Island, Neimann Creek and the Waimea Delta. Planting at Moturoa was undertaken with NMIT Trainee Rangers and Keep Richmond Beautiful in August.

Figure 11: This is the final year for both Waimea based Jobs for Nature projects.

Figure 12: J4N planting project in Waimea district.

11.1   James Townsend (Environmental Monitoring) and Bryan Scoles (Natural Hazards), working in collaboration with Paul Appleby (Deputy Harbourmaster) have completed bathymetric mapping of sub-tidal channels in the Waimea and Moutere inlets. The mapping of these channels is a key input to a modelling project being undertaken by the National Institute of Water and Atmospheric Research (NIWA) with Envirolink funding for the natural hazards team, which will provide improved information about coastal inundation processes around the margins of the estuaries. A key requirement of the inundation modelling is an accurate picture of the bathymetry of the estuaries. While Council has Light Detection and Ranging (LiDAR) surveys of the estuaries, the LiDAR surveys are not able to penetrate water and so do not capture the morphology of sub-tidal channels—this new mapping completes the coverage of the estuaries in these sub-tidal areas. This work was undertaken with cooperation from the hydrology team at Nelson City Council, who lent the team a ‘SurfBee’ autonomous surface vessel (USV) for the surveying. This information will also be of use to the Harbourmasters team for navigational safety.

Figure 13: Example of the mapping for Mapua Channel, showing bathymetric contours for the sub-tidal channel.

Figure 14: Surveying the channel at Port Motueka.

Figure 15: Equipment to record bathymetric survey information on board that harbourmaster’s boat.

 

 

Buller

Mangatāwhai / Black Valley Wetland:

Figure 16: Digger made plugs installed March 2024 rewetting wetland compromised by historic drain.

 

12.1  The Mangatāwhai / Black Valley wetland is northeast of St Arnaud village, there have been many attempts to farm it. The last round of drainage was subsidized in the 1980s contributing to the more than 8km of drains visible today.

12.2  The wetlands project has sought to continue the work started by the Department of Conservation (DoC) to plug these drains and raise the water table. We have progressed this with our iwi partners using innovative techniques that ultimately led to the project being recognized at the recent LGNZ awards. Further info can be found in this video Mangatāwhai/ Black Valley Wetland 2024 (youtube.com)

Figure 17: Harakeke “geotextile” plug, (foreground, centre) looking downstream. Plantings

also visible mid picture.

 

12.3   Harakeke “Geotextile” basket, starting to function as designed by raising the water table in the drain and spilling into surrounding flood plain. (Upstream on right hand side, downstream to left.  Spilling top centre onto grassy area). The next stage is to monitor Carex germination on the plug to ensure its long-term stability.

Figure 18: Harakeke “Geotextile” basket.

Function Specific Work

Biosecurity Act Review

13.1   Minister Hoggard has announced the start of public consultation on proposed changes to the Biosecurity Act.

13.2   The documents are up on our website: Proposed amendments to the Biosecurity Act | NZ Government (mpi.govt.nz)

13.3   Staff will work with colleagues through Te Uru Kahika to develop a sector response to the submission process as well as a Tasman specific submission.

Taiwan Cherry Season

13.4   August and September saw the team busy with Taiwan Cherry season, as the trees are in full flower and able to be positively identified. This year there are around 260 new records for Taiwan cherry this season in Tasman. Most of these are multiple trees on single properties, and controlled on discovery unless they are large trees. Around 25 properties have had Taiwan cherry trees removed by contractors, several of the properties had two or more trees present.

13.5     A focus on media and education has led to an increase in the rate of the public calling us about their own trees. We have also noticed an increase in property owners voluntarily removing trees, showing a really positive change in attitudes. This means the need for enforcement action is minimised, with only three properties this year requiring formal enforcement notices.

13.6   Further surveillance confirmed no known Taiwan cherry trees south of Kohatu Junction.

13.7   The fight against Taiwan Cherry also made Seven Sharp recently with Biosecurity Officer Lindsay Barber featuring: https://www.tvnz.co.nz/shows/seven-sharp/clips/the-cherry-tree-invading-new-zealand-s-native-forests

        

Figure 19: Mature and wilding Taiwan Cherry in full flower

Te uru Kahika-MPI-DOC Biosecurity Memorandum of Understanding (MOU)

13.8     In September 2023, representatives from Biosecurity New Zealand (BNZ), DoC and Te Uru Kahika directed officials to draft a new principles-based MOU. The purpose of the MOU is to provide an overarching framework for BNZ, DoC and Te Uru Kahika to work together on biosecurity matters in a more effective and efficient way. The scope of the MOU includes readiness (including surveillance and preparedness), response (including long term management and investigation) and the transition to and from the different states along this continuum.

13.9     Refer to the attachment in section 24 below, for the official letter from Te Uru Kahika and a copy of the signed MOU.

13.10   The premise of the MOU is for the regional sector, BNZ and DoC to work in a partnership arrangement. It’ll take some time to work through specific issues and bed in an improved ‘normal’ way of working, but all parties to the MOU are positive and willing.

13.11   As part of this, it’ll be important for each council and the wider regional sector to play our parts to give life to the MOU. Where issues need to be raised with BNZ and/or DoC, councils should work through the Chief Executive to use the MOU partnership as a first step, which provides a key operational pathway through Te Uru Kahika to resolve these.

Avian Influenza preparation

13.12   DoC is warning of the likely arrival of Highly Pathogenic Avian Influenza (HPAI) in Aotearoa at any time from now, and led by MPI and DoC, we are working to prepare for this.

13.13   The H5N1 strain of HPAI has been spreading around the globe since 2021, with devastating consequences for wild bird populations in some areas. New Zealand, Australia and the Pacific are currently still free of the virus, but it is spreading internationally through movement of wild birds, and this is the most likely path by which it would reach New Zealand. As information emerges about the distribution and spread of the disease in Antarctica, we will get a better understanding about the likelihood of HPAI reaching New Zealand.

13.14   International experience has shown that a coordinated approach to the current strain of HPAI is essential. Biosecurity New Zealand, a branch of the Ministry for Primary Industries (MPI), is the lead agency for Aotearoa and will coordinate any response in partnership with DoC and the Ministry of Health.

13.15   DoC is currently working on response plans, primarily for areas of Public Conservation Land and Water. Council staff are working with DoC to input on these plans. In the event of an outbreak we will be at the interface of the response and the community, and we want to be prepared as much as we can.

13.16   During periods of active outbreaks, areas of Public Conservation Land and Water may have restricted access or be closed. Decisions on this will be made based on a variety of factors including the severity of the outbreak, the site and species affected, and time of year.

13.17   Once HPAI is spreading in wildlife populations in NZ, it cannot be eradicated and will be here to stay – like with the seasonal human flu, there will be periods of increased outbreaks.

13.18   For further information, please visit:

https://www.mpi.govt.nz/biosecurity/pests-and-diseases-not-in-new-zealand/animal-diseases-not-in-nz/high-pathogenicity-avian-influenza/

https://www.doc.govt.nz/our-work/wildlife-health/avian-influenza/

RPMP plan adoption

13.19   Our partial review of the Tasman-Nelson Regional Pest Management Plan 2019-2029 is almost formalised, with Tasman Councillors adopting the recommendations of the amended plan at the Full Council meeting on 12 September 2024, and Nelson City Council considering adoption on 10 October 2024.

13.20   The partial review considered specific changes relating to the management of Blue Passionfruit Flower, Boneseed, Vietnamese Parsley, Moth Plant, Pampas Grass, Sabella, Water Celery, Pest Conifer, and feral/stray cats.

13.21   Next steps for the team will be developing education material and working with our comms team to effectively explain the new rules.

 

 

Figure 20: New pests in the RPMP: Blue Passionfruit Flower; Moth Plant; Water Celery and Vietnamese Parsley.

14.1   Tasman’s Dog Control bylaw is currently being reviewed by staff across the Policy, Compliance, and Biodiversity teams. Feedback was collated through ShapeTasman and mapped using GIS software and supported with survey data from a comprehensive survey of coastal birds (McArthur et al, 2020). The intended outcome is a modernize the policy that promotes responsible ownership, ensures protection of both public & wildlife, and promotes the welfare of dogs within the Tasman District.

15.1   The September round of the State of the Environment groundwater sampling programme was undertaken the week of 16 September. This programme samples 20 groundwater sites (bores and springs) across the main aquifers over the Tasman region. Thank you to the Environmental Monitoring team and Kelly Hayes for assisting with the sample collection.

Figure 21: Tauira Mahi - Te Aka Pukenga (Kelly Hayes) taking a microbacterial sample from the Fish Creek Spring TDC site as part of the State of the Environment groundwater monitoring programme.

16.1   The winter harvest and public supply has concluded, along with provision of willows to NCC and MDC (at cost).

16.2   Work is underway to re-drill the irrigation bore at the nursery, as it has deteriorated significantly over the last 30 years. We have obtained a resource consent for the new bore and are working with local suppliers to plan the work. We are also investigating an expanded irrigation network and potential new pump to increase the future willow stock available for our river management activity.

17.1   In 2025, the 3G cell phone network is shutting down. The Environmental Monitoring Network runs on either the cell network, radio or satellite depending on logger type and setup. When this was announced, there were 50 sites that were only capable of 3G. As of end of September, we are 44% of the way through up grading these sites, with the deadline of March 2025 for the Vodafone network and end of 2025 for the Spark network.

17.2   Therese Wells completed the NZ Diploma in Field Hydrology in September and has progressed from Trainee to a fully-fledged Environmental Monitoring Officer.  This is a great achievement by Therese. 

17.3   The NZ Diploma in Field Hydrology is a Level 4 Industry Training Organisation certification.  It is obtained through on the job learning and two or three external training courses over a two-year period.  The study is directly relevant to environmental monitoring and having certified staff supports Council’s reputation.  The team of seven has two other trainees, Harley Trafford and Simon Heslop.  Jon McCallum was seconded to work on river water quality analysis for the Policy team and the NPSFM between May and September.

18.1   22 September 2024 was World Rivers Day and saw the release of the annual update for water related modules as part of the LAWA website. This covers modules on River Water Quality and Quantity, Groundwater Quality and Estuary Health. The update is the culmination of work put in from the monitoring team and contractors who gather the data, the data team who collate, check and provide the datasets, including live database links, and the scientists in each domain who oversee the programs and provide site and catchment commentary to aid overall context.

18.2   For Water Quality datasets the LAWA team then provide analysis to build a nationwide picture of state and trends. These datasets include data through to mid-2023 and shown below in Figure #22 Tasman results for macroinvertebrates (MCI) on the left and then the proportions of states nationwide for all parameters on the right.

Figure 22: Tasman results for macroinvertebrates (MCI) on the left and then the proportions of states nationwide for all parameters on the right.

19.1   In August 2024, Tasman Bay Guardians (TBG) presented the results of its 2024 īnanga spawning site monitoring to Tasman’s Healthy Waterways Team and discussed future monitoring and enhancement work. Īnanga are the native fish species most caught as whitebait and their conservation status is At Risk – Declining. We are working with Ben Fenselau to update the īnanga spawning spatial layer for Tasman’s internal GIS. TBG will continue this monitoring in Tasman District as part of its Wai Connection Tatai Ki Te Wai— a community catchment engagement project funded for 2023-25 through the Ministry for the Environment’s Essential Freshwater Fund.

19.2   Staff involved in river health have been supporting policy staff preparing evidence for the Land and Freshwater Plan Change, particularly in relation to water quality and aquatic life attributes. In August three staff members completed the Fish Passage Masterclass run by NIWA freshwater scientists and Australian fish biologists with extensive experience designing and constructing fish passage solutions. In September, staff members attended Te Mana o Te Wai training at Te Hora Marae offered by the Pou Taiao of the Iwi Chairs Forum and Te Wai Māori Trust and delivered by Poipoia. This increased their understanding of the background to Te Mana o Te Wai and the context in which many whānau, hapū and iwi operate regarding Te Mana o te Wai.

20.1   Year 4 (of 5) of the project has begun with a focus on assessing roading structures near the coast of Golden Bay. While the primary focus of the Jobs for Nature project has been on assessing/remediating privately owned structures, this is a short-term sub-project which will allow the project to show connectivity by FMU for fish. Without these assessments the ability for fish to move through a waterway is not fully known. The J4N project manager, Kerry South, is liaising with Community Infrastructure about this work and will provide a report following the first tranche of assessments at the end of September. 362 structures have been visited as of 24 September. The majority of these are local road structures with a small portion being private structures that are being ‘mapped up’ for that area.

Figure 23: Map of assessed structures for fish passage in Golden Bay.

Moving into October, the following is planned:

·    Murchison and surrounds – Kumanu Environmental to visit private properties to assess, map and remediate (within scope) in-stream structures.

·    Spring monitoring – Dominion Valley Stream box culvert (flexible baffles & floating ramp), Williams Creek twin barrel culvert (ramp with baffles vs floating ramp), Mulligans Creek, Onekaka (flexible baffles & floating ramp)

·    Due to high community interest, extra effort to notify the community of monitoring and remediation at Dominion Valley Stream (photo below) is planned at end of September as this is a positive example of two council groups teaming up to use funds effectively to support fish passage improvement with wider benefit to the region.

21.1   The Top of the South has enjoyed a flood free period, allowing further consolidation of Council’s flood warning systems. At the time of writing, we are about to cut over to the new website code to prevent overloading of the hydrological pages.  These are particularly important to many people across both Nelson and Tasman, not only allowing them to plan their day to day lives in some cases but provide information to keep themselves and their properties safe during floods.

21.2   Discussions continue with Nelson to ensure we have one unified flood warning service across both districts, this aligning with the CDEM function which is also seamless across the political boundary.

21.3   Work to establish an evacuation trigger level for Tākaka based on flood flow commences shortly, mindful of the need to make decisions such as this prior to the inevitable major flood that will one day occur in this and other locations.

21.4   Staff have provided co-ordination of, and input to a national guideline to improve resilience of flood warning infrastructure, with a draft document being peer reviewed at present. In this case infrastructure includes not only the many monitoring stations Council operates, but power and communication systems, access, staffing and systems to ensure data is received reliable at the office.

22.1   Envirolink Small Advice Grant for a research project investigating efficiency of different soil conditioners including biochar on reduction of nitrate leaching from sensitive soils on the Waimea Plains. This project is carried out by Manaaki Whenua – Landcare Research (MWLR) this year.

22.2   Working with MWLR toward developing a map-based land use capability map (for Tasman), meeting the National Policy Statement for Highly Productive Land (NPS-HPL) requirements.

23.1   The Upper Motueka River gravel management area, extending from approximately North Road Bridge to the Wangapeka River confluence, is proposed to be designated for a reduced gravel extraction fee for the duration of the 2024-2025 financial year. The fee will be reduced from the current $7.50 per cubic metre of gravel to $4.50.

23.2   This fee reduction is in accordance with the 2024-2025 Schedule of Fees and Charges, which enables the Group Manager – Information, Science & Technology (Rob Smith) to identify river reaches where extraction is shown to have particular river management or environmental benefit. Proposed reaches are to be reported to the Environment and Regulatory Committee prior to being specified, which is being done through this report. Following this report and approval from the Group Manager, the reduced fee will take effect.

23.3   Much of our river management focus continues to be on the Upper Motueka River, with a high level of interest and concern from the public on our activities, particularly around the management of gravel. The reduced rate acknowledges this ongoing management need and public concern. The specific areas to be marked for extraction will continue to be informed through gravel volume surveys and analysis as required under Council’s global resource consent for gravel extraction, as well as identified river management requirements.

23.4   In addition, the Upper Motueka River has historically been a less-preferred area for contractors to extract gravel due to the additional haulage distance. When economic demand for gravel is high, we have had sufficient contractor interest to carry out necessary extractions, but in the current depressed economy there has been correspondingly lower interest and higher sensitivity to price. A reduced fee acknowledges these conditions and signals to contractors and the public that the Upper Motueka River is our preferred location for extraction in the short- to medium-term.

1.⇩

Biosecurity MOU

38

 

 

 

7.3     Building Assurance Manager's report

Information Only - No Decision Required

Report To:	Environment and Regulatory Committee
Meeting Date:	10 October 2024
Report Author:	Matt Feely, Building Assurance Manager
Report Authorisers:	Kim Drummond, Group Manager - Environmental Assurance
Report Number:	RRC24-10-3

 

1.1     This report updates the committee on activities of the Building Assurance section for the period 1 March 2024 to 30 September 2024.

That the Environment and Regulatory Committee

1.       receives the Building Assurance Manager’s report, RRC24-10-3.

3.1     Tasman District Council is legally required under the Building Act 2004 to perform the functions of a Building Consent Authority (BCA) and must maintain accreditation under the Building Regulations 2006. This is reinforced as a performance measure under a related level of service in our 10-year plan. From the October 2023 assessment by International Accreditation New Zealand (IANZ), five general non-compliances were found, all were cleared on 3 May 2024, and the Council achieved continued accreditation. The Council’s next assessment is due October 2025.

3.2     Territorial Authority (TA) assessments are carried out by the Ministry of Business, Innovation and Employment (MBIE) to ensure Councils have the appropriate systems, processes and resources to carry out their core TA functions under the Building Act 2004.

3.3     MBIE conducted a TA assessment in February, and the final assessment report was released on 20 June 2024. The review focused on dangerous, affected, or insanitary buildings and Certificates for public use.

3.4     Two areas of significant concern/performance issues were identified: compliance of an issued dangerous, affected, or insanitary buildings notice, and not meeting statutory time for issuing a Certificate for Public Use. Evidence has been sent to MBIE and we are waiting a response.

3.5     Building Consent applications have continued to decline, with only 1,137 applications submitted during the 2023/24 year. Over the same period 1,127 Building Consents and 1,029 Code Compliance Certificates were issued. This represents a decline in activity that is reflective of the economic pressures we have experienced over the last year. Notably, New Dwellings consented have decreased year on year by 53%, while applications for residential alterations have increased. Activity in the Commercial and Architecturally designed dwellings remain steady. The outlook for the next 12 months suggests that the current level of work is unlikely to increase.

3.6     Customer circumstances have changed - the sector is reporting a move from a significant growth period during 2020-2022 and the first part of 2022-23 (where subdivisions were pre-sold months in advance), to having subdivisions being released with sections still to be sold. This change impacts on the pipeline of building consent applications that we receive at any point in time.

3.7     In recent years there has been significant investment in the training and development of both new and existing staff within the processing team. This effort has led to several of the team advancing to higher competency levels, enhancing their skills and overall capability. The internal training resource has continued to provide cost efficiencies over external training options during the period. The net result has been less work being delivered by contractors.

3.8     Notwithstanding the improvements in capability, in each of the past two years, the Building Assurance Section has not generated sufficient revenue to balance the budget. For the 2022/23 year the Group managed to offset shortfalls, but following the budgetary performance for the 2023/24 year, we have had to resort to debt funding. As a consequence, we have had to take additional steps to balance the budget given the outlook for 2024/25 is for more of the same.

3.9     On 5 July 2024, a Change Proposal was presented to the Building Assurance Section, followed by a five-week consultation period. Submissions were received and thoroughly reviewed, resulting in the disestablishment of 3.5 vacant positions and two current roles. We have also implemented a new fee structure for the 2024/25 which will result in increased revenue to offset our costs (which will be lower due to the disestablishment of the 5.5 FTEs).

3.10   In terms of the work we do, we have observed an increase in deviations from consented plans and specifications without prior approval. We have developed a flyer in relation to Minor Variations and amendments that will be handed out to contractors by the building Inspectors. This step has initially resulted in increased pushback and disagreements from builders and designers, and so Building Inspectors are having to deal with this. However, in the medium terms we expect resistance will reduce and our staff can focus on productive work.

3.11   Building (Levy) Regulations changes came into force on 1 July 2024. If the value of the building work is less than $65,000 incl. GST, the building levy rate ($1.75 incl. GST per $1,000) will not be charged. This provides some relief for the building industry to counter rising costs.

3.12   Minor adjustments to the Building Forms Regulations (affecting Form 2- application for building consent), have also been made. This will allow applicants to specify suitable alternative products or plans and specifications should they choose to. This came into effect 30 September 2024.

4.1     The IANZ Assessment of our Building Consent Authority: all five general non-compliances were responded to and were cleared on 3 May 2024. This means we have achieved continued Accreditation.

4.2     Territorial Authority (TA) Assessment was carried out in December 2021. At that time, we received ‘areas of significant concern’ for failing to meet the statutory requirement to inspect all residential pool barriers within the required 3-year time frame, and failure to carry out enough Building Warrant of Fitness (BWoF) Audits. These challenges have now been overcome. In relation to the latter, during the 2023/24 year we audited 20% of buildings. This puts us in alignment with MBIE’s recommendations.

4.3     With the inhouse trainer in place we have increased competency levels with most new dwelling consents able to be processed in-house. All commercial processing is contracted out, and that is where the demand for our services is rising.

5.1     Council currently has 1,799 pools on its register. The challenge continues to be around the identification of non-compliant swimming pool fencing, with the three-year inspection cycle put in place. This timeframe has been chosen because it is common to have changes made to the surrounds of pools during that time period. Once non-compliance is identified, we have clear processes in place that assists owners to become compliant.

5.2     The Supreme Court has decided to hear an appeal from a pool owner in an ongoing dispute with the Council about a pool fence. The sole ground for the appeal will be whether a duty of care was owed to the pool owner. We expect that a hearing will be at least a year away.

6.1     We have had three resignations over recent months – a Building Inspector, a Building Support Officer, and for the Team Leader – Building Compliance.

6.2     Recruitment is underway to replace the Building Support Officer. The Building Inspector role was disestablished in the restructure. We do have access to a contractor to cover the shortfall for commercial inspections if required. We are recruiting to replace the Team Leader – Building Compliance.

Regulation 18 Diploma

7.1     One technical staff member is in his first year of the Level 6 Diploma in Building Surveying. Two Building Support Officers have completed the Level 4 New Zealand Certificate in Building Regulatory Environment.

7.2     Service delivery has been maintained at 99% within statutory timeframes for building consents and code compliance certificates.

Stakeholder engagement

7.3     Customer engagements have continued with Certified Builders and Master Builders quarterly meetings. Council has continued its quarterly Building Assurance newsletter, which informs our key customers of important updates, legislation changes, and any other relevant matters.

8.1     The compliance section of Building Assurance has continued to undertake all the territorial authority responsibilities under the Building Act, other than those functions of the building consents team, and includes:

8.1.1      Inspections of Pool Fencing

8.1.2      Processing Building Warrants of Fitness (BWoF)

8.1.3      Audits of BWoFs

8.1.4      Processing building consent exemptions

8.1.5      Processing Certificates of Acceptance (COAs)

8.1.6      Investigating and resolving complaints

8.1.7      Compliance Investigation/ Enforcement

8.1.8      Issuing Notices (Notices to Fix, Dangerous and Insanitary, Infringement Notices, Certificates for Public Use etc).

Status and work of the Compliance Team

8.2     The compliance team has been together for four years now and is well settled. BWoF audits are generating more work as non-compliances are found. The team continues to gain experience and complete the necessary training that will enable further efficiency and effectiveness improvements over time.

8.3     Recruitment for a compliance officer was initially unsuccessful due to a mismatch in required and applicant skills. In the current environment we were unable to appoint an individual who would require substantial training. This role was then disestablished as part of the change proposal for the Section. We now have a contractor resource to perform these tasks when required.

8.4     Territorial Authority (TA) assessments are carried out by the Ministry of Business, Innovation and Employment (MBIE) to ensure Council have the appropriate systems, processes and resources to carry out their core TA functions under the Building Act 2004.

8.5     MBIE conducted a TA assessment in February, and the final assessment report was released on 20 June 2024. The review focused on dangerous, affected, or insanitary buildings and Certificates for public use.

8.6     Two areas of significant concern/Performance issues were identified: compliance of an issued DAI building notice, and CPU issuing time.

8.7     Six strong recommendations and four recommendations do not require a formal response to MBIE; however they will be forming part of correcting the two significant actions.

8.8     Evidence has been submitted in relation to the significant concerns and we are awaiting a response from MBIE. Our next TA assessment date is yet to be confirmed and likely to be during the first half of 2026.

8.9     Staff have achieved good results and managed to inspect all known outstanding pool barriers. This also includes a review to ensure all pools mentioned within all building consent applications are properly recorded and registered.

8.10   The team has an audit plan for BWoFs. At present, our work to carry out audits of high-risk buildings is satisfactory to MBIE.

8.11   Building consent exemptions and certificates of acceptance (COA) processing has continued.

8.12   Schedule 1(2) Exemptions have increased slightly in, the average working days to process has remained steady. The most common exemptions continue to be for sheds, garages, insulation, marquees and earthquake strengthening work.

8.13   COA applications have remained steady, however fewer have been Issued. Compliance with the statutory timeframe is beginning to improve, however we still struggle with applicants trying to resolve unauthorised building work without suitably qualified assistance, resulting in applications of a poor standard. These take additional time to process.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.14   Building Compliance results from 1 July 2023 to 30 June 2024 are shown highlighted in the table below with comparisons to the past five years.

 

 

Building Compliance Results	2019 to 2020	2020 to 2021	2021 to 2022	2022 to 2023	2023 to 2024
Schedule 1(2) Exemptions
Schedule 1(2) Exemption Applications	177	147	138	105	110
Schedule 1(2) Exemption Issued	185	141	127	77	101
Schedule 1(2) Exemption Average working days	31	34	32	35	31
Certificate of Acceptance
Certificate of Acceptance Applications	54	38	31	50	50
Certificate of Acceptance Issued	38	35	30	50	43
Certificate of Acceptance Issued within 20 working days              (percentage)	0%	37%	26%	48%	62%
Other Building Compliance functions
Swimming Pool Audits	-	-	-	-	526
Compliance Schedules Issued	39	42	21	23	27
Compliance Schedule Amendment Issued	-	-	264	117	149
Building Warrant of Fitness received	260	220	471	534	493
Building Warrant of Fitness Audits	-	-	-	4	115
Notice to Fix Issued	29	14	24	54	45
Infringement Notice Issued	-	-	-	5	10

 

 

 

 

9.1     Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding on a case-by-case basis. Previous determinations may provide useful guidance for subsequent issues as they arise, although individual circumstances may vary. Council currently has two determinations with MBIE.

9.2     Complaints can be made to the Council by practitioners. There are currently no such complaints.

10.1   There was an 18% decrease in Building Consent applications with only 1,137 applications submitted during the 2023/24 year.

10.2   Over the same period 1,127 Building Consents and 1,029 Code Compliance Certificates were issued. This also represents an 18% decline in activity that is reflective of the economic pressures we have experienced over the last year.

10.3   We have maintained 99% compliance with our statutory time frames and our average for processing days is down to seven.

10.4   New Dwellings consented have decreased year on year by 53% with 280 issued compared to 592 in the previous year, while applications for residential alterations have increased.

10.5   Inspection work has decreased by 22% with 6306 inspections carried in comparison to 8127 for the same period last year. In line with this, Code Compliance Certificates issued over the past 12 months has decreased by 12%. There were 1,029 Code Compliance Certificates were issued and 1,165 for the same period last year. Average processing days reduced to five and 99% compliance with statutory timeframes.

10.6   Building inspections are maintaining the two working day notice for bookings.

10.7   The consents estimated value decreased significantly for the 2023/24 year (by $1.2 million year on year), although still an increase compared to 2019-2020 results and prior. Dwellings and Commercial consent values continued to decrease, while other building work increased.

10.8   Every Ward saw a decrease in the number of new dwellings being built. Richmond, Moutere/Waimea and Golden Bay’s new dwellings decreased by almost 50%.

 

 

 

 

 

 

 

 

 

 

10.9   Building Consent results from 1 July 2023 to 30 June 2024 are shown highlighted in the table below with comparisons to the past five years.

 

Building Consent Results	2019 to 2020	2020 to 2021	2021 to 2022	2022 to 2023	2023 to 2024
Building Consent Applications
Building Consent Applications	1430	1651	1601	1386	1137
Building Consents Issued (Including Amendments)	1306	1486	1500	1376	1127
Building Consents Issued for New Dwellings (Excluding Amendments)	447	575	510	484	264
Number of New Dwellings Consented (Excluding Amendments)	498	619	559	592	280
Building Consent Average working days to be processed	12	11	10	9	7
Building Consents Processed within 20 working days. (percentage)	97%	99%	98%	99%	99%
Inspections and Code Compliance
Building Inspections undertaken	7615	8624	7539	8127	6306
Building Inspections Failed (percentage)	44%	61%	68%	72%	4225
Code Compliance Certificate Applications	1036	1286	1054	1259	1005
Code Compliance Certificate Issued	1088	1266	1060	1165	1029
Code Compliance Certificates Average working days to be processed	2	5	6	6	5
Code Compliance Certificates Processed within 20 working days (percentage)	100%	99%	99%	99%	99%

 

11.1   A key risk mitigation continues to be ensuring that all technical staff are competent to assess building consent applications and issue these only when compliance with the building code is demonstrated. Inspectors must, in turn, only issue Code Compliance certificates when the building work is completed in accordance with the building consent.

11.2   Pool Barrier compliance is still an issue, but we are steadily moving beyond historical issues and aligning our inspection processes to good practice. Hence when issues do arise, they generally reflect a modernising of the pool compliance system.

12.1   The IANZ reassessment of the Council’s BCA was held 17 - 20 October 2023, and we received five General Non-Compliances. These have now been cleared and we have continued accreditation. We have been deemed as a low-risk BCA and so will continue on the two-year audit cycle. Our next assessment is October 2025.

Building (Building Product Information Requirements) Regulations 2022

13.1   The Building (Building Product Information Requirements) Regulations 2022, designates that building product information must be disclosed, and establishes the minimum requirements for that information.

Earthquake prone buildings

13.2   The Government intends to amend the Building Act 2004 to extend all non-lapsed earthquake-prone building remediation deadlines, as of 2 April 2024, by four years, with an option to extend by a further two years if required. Extensions will apply automatically, and councils will reissue earthquake-prone building notices to all eligible buildings once the amendments to the Act are made, which is expected to be by the end of 2024.

Building (Levy) Regulations 2019

13.3   Building (Levy) Regulations changes came into force on 1 July. If the value of the building work is less than $65,000 incl. GST, the building levy rate ($1.75 incl. GST per $1,000) will not be charged.

Protection from Fire and F7 warning systems

13.4   MBIE proposed changes to address fire risks in residential homes as a response to trends in construction that have increased the density of housing.

G12/AS1 Water supplies

13.5   The transition period has been extended to 1 May 2026. MBIE is amending Acceptable Solution to limit the maximum allowable content of lead permitted in plumbing products. This includes products such as pipe fittings, valves, taps, mixers, water heaters, and water meters. 

Pool Safety Guidance

13.6   MBIE has published (on 15 January 2024) safety guidance for pool owners. This guide is to help pool owners understand the pool fencing requirements of the Building Act 2004. Residential pools are required to have barriers to restrict access by unsupervised children under 5 years of age to protect them from drowning.

Recent Consultations

13.7     Building consent system review: options paper consultation (2023), seeking feedback as part of the review of the building consent system. This consultation focusses on potential options to improve the building consent system. Submission made.

13.8     Fire design Guidance Note Consultation: Te Whatu Ora - Health New Zealand drafted guidance for fire engineers engaged in the hospital design space and is seeking feedback from Building Consent Authorities on the draft Design Guidance Note. No submission made.

13.9     Removing barriers to using overseas building products: The Government is moving forward with a package of changes to the Building Act 2004 to review barriers to high-quality products entering the Aotearoa/New Zealand market.

13.10   Making it easier to build granny flats: To enable granny flats up to 60 square metres in size to be built without needing a building or resource consent. They will need to meet certain building performance and environmental criteria. We want these to be safe, healthy and durable homes. Council submission made.

14.1   The Building (Dam Safety) Regulations 2022 came into effect on 13 May 2024. The regulations provide a nationally consistent approach to dam safety, protecting people, property and the environment from the potential impacts of dam failure.

14.2   Now that the regulations have commenced, the balance of the Dam Safety provisions of the Building Act have been brought into effect. All dams over a specific threshold were required to be classified by 13 August 2024. Notwithstanding this, the number of Potential Impact Classification (PICs) received to date are not representative of the number of known classifiable dams in our district. This is common across the country.

14.3   We have contacted Engineering NZ and the Council Dam Collective as we now look to take a measured approach to addressing the lower-than-expected number of classifications that have been provided. We consider that any follow up action must be consistent with other councils.

15.1   Tasman’s 10-year Plan 2021-2031 set out the performance measures of at least 80% of survey respondents rate their satisfaction with Council’s building control work as fairly satisfied or better.

15.2   In order to gauge the level of customer satisfaction with building consent services, since 2021 staff have commissioned Research First to survey residents who have applied for a consent or licence to gain an understanding of their experience.

15.3   In terms of the performance measures, the most relevant question asked is whether “taken overall, you were happy with the level of service provided by the Council” – which is not a precise match to the goal of customers being “fairly satisfied or better”.

15.4   Building control was assessed at 54% (four-year range 54 – 76%).

15.5   The same performance measures have been carried over into Tasman’s 10-year Plan 2024-2034. However, we are currently assessing whether continuing the survey in its present form is the most appropriate way of assessing whether or not we are meeting the specified performance measures. In particular, the introduction of “Balanced Scorecard Reporting” across the Council may open up alternative approaches to assessing the level of satisfaction with regulatory services.

 

 

 

 

15.6   The table below shows the survey results with a comparison to previous years:

 

Statement Agreement trends	2021/2022	2022/2023	2023/2024	Difference
Staff were courteous and helpful	90%	85%	74%	-11
The charges paid were reasonable and in line with what you expected day.	50%	53%	40%	-13
The time taken to get your license or approval was reasonable given the circumstances.	72%	66%	62%	-4
Taken overall, you were happy with the level of service provided by the Council.	76%	72%	54%	-18
The quality of information such as the Council website explaining why you needed Council approval and the application process.	54%	43%	52%	+9
The ease of filling in and completing the application forms.	50%	42%	54%	+12
Your ability to understand from the license or permit you obtained from the Council, the ongoing obligations you have as a consent holder.	68%	53%	64%	+11

 

16.1   The Council continues to meet its Earthquake Prone Building obligations under the Act and is moving toward the identification of non-priority buildings by 1 July 2007. Whilst individual family homes are outside the scope of this category, it does include residential buildings that are at least two storeys and house three or more household units, or are used as a hostel, boarding house etc.

 

Nil

 

7.4     Groundwater SOE report

Information Only - No Decision Required

Report To:	Environment and Regulatory Committee
Meeting Date:	10 October 2024
Report Author:	Melanie Westley, Resource Scientist - Groundwater
Report Authorisers:	Joseph Thomas, Senior Resource Scientist Water & Special Projects
Report Number:	RRC24-10-4

 

1.1     Since 1990, Tasman District Council has been monitoring groundwater chemistry across the Tasman region every three months (March, June, September, December). The sites which are sampled on a three-monthly basis are referred to as the State of the Environment (SoE) groundwater quality monitoring programme.

1.2     The current total number of sites in the SoE monitoring programme is 20, sampling 6 out of the 8 Freshwater Management Units (FMU) (the Moutere FMU (surface) and Abel Tasman – Kaiteriteri FMU are not sampled as part of the SoE network).

1.3     Since 2022, samples for bacteria (Escherichia coli (E.coli) and total coliforms) have also been taken at the SoE sites alongside the groundwater chemistry samples. E.coli is a faecal bacterium which is used as an indicator organism for a wide variety of disease-causing bacteria and viruses.

1.4     Groundwater samples are compared against the Maximum Acceptable Value (MAV) and Aesthetic Values (AV) in the Water Services (Drinking Water Standards for New Zealand) Regulations 2022 and Aesthetic Values for Drinking Water Notice 2022 (these documents are referred to in this report as DWSNZ) to assess the quality across the district.

1.5     The Institute of Environmental Science and Research (ESR) has coordinated groundwater sampling every four years since 1990 for pesticides in bores and wells across New Zealand with Unitary and Regional Councils. Tasman District Council has participated in all nine of the national monitoring investigations. The most recent national monitoring investigations sampled for pesticides, glyphosate, emerging organic contaminants and per- and polyfluoroalkyl substances.

1.6     Attached is a technical precis report which presents a concise summary of essential points of the Tasman District Council’s SoE groundwater quality monitoring programme. The report draws on various monitoring data collected by Tasman District Council, including several synoptic investigations since the last State of the Environment report in 2010 and wider groundwater quality investigations undertaken for the Institute of Geological and Nuclear Sciences Ltd and the Institute of Environmental Science and Research. 

 

That the Environment and Regulatory Committee

1.       receives the Groundwater SOE report RRC24-10-4.

3.1     Overall, groundwater in the Tasman District is of good quality. Most of the water quality parameters were below the MAV and the AV in the DWSNZ. Groundwater quality varies locally depending on the surrounding geology. Natural groundwaters largely reflect the type of rocks that form the aquifer and the length of time that the groundwater has remained within the aquifer.

3.2     Trend analysis in this report primarily focused on nitrate-N and was carried out on the long-term SoE monitoring sites. Overall, groundwater continues to remain of good quality when compared to the previous State of the Environment report produced in 2010.

3.3     The unconfined aquifers across the Tasman region show relatively stable nitrate-N trends. There are only 4 sites which have strong or very strong trends identified, all of which are decreasing trends (GW 3314 / GW 23604 – Bensemann and GW 3393 – Kildrummy in the Motueka Gravel Aquifer, GW 1392 – Spring Grove and GW 997 – McCliskies in the Appleby Gravel Unconfined Aquifer, and GW 23658 – TDC Prod 1 Murchison in the Buller Gravel Aquifer). Nitrate-N varies in the unconfined aquifers across the Tasman District, however all sites are below the DWSNZ MAV of 11.3 g/m³-N. Some unconfined aquifers also exhibit seasonal trends with increases in dissolved calcium and magnesium (and consequently increases in hardness and conductivity) during winter and spring.

3.4     Historic nitrate-N contamination is present in the confined aquifers in the Waimea Plains. The Lower Confined Aquifer shows a decreasing trend with nitrate averaging just above the MAV in recent years. The Upper Confined Aquifer also shows a continuation of decreasing trends in the middle of the aquifer with nitrate just below the MAV in recent years. In the upper reaches of the Upper Confined Aquifer, nitrate concentrations are relatively stable with an indeterminate increasing trend in recent years.

3.5     In the karstic aquifers, Te Waikoropūpū Springs (sourced from the Arthur Marble Aquifer) appears to have an increasing trend in nitrate-N averaging around 0.42 g/m³-N in recent years. Nitrates at Fish Creek Spring (sourced from the Arthur Marble Aquifer) and in the Tākaka Limestone Aquifer are stable, around 0.44 g/m³-N and 2 g/m³-N respectively.

3.6     Groundwater in the sedimentary rock aquifers is anaerobic with reducing conditions resulting in nitrates considerably below the DWSNZ MAV with all sites near or below the limit of laboratory detection of 0.001 g/m³-N. Under reducing conditions nitrate are commonly in the form of ammoniacal-N. In the Deep Moutere Aquifer, ammoniacal-N is low and well below the DWSNZ MAV. In the Waimea Deep Moutere Aquifer, ammoniacal-N is mostly under the limit of laboratory detection.

4.1     E. coli is commonly detected in shallow groundwater across the Tasman region. E. coli detections appear to be localised and in most instances the contamination was a result of poor practices occurring at or near the bore or well head. The contamination of E. coli due to poor practices is not intentional but more a lack of knowledge on how to adequately seal/protect their bore or well.

5.1     The number of pesticide detections in the Tasman District have decreased in recent years, with only two detections in the 2022 National Groundwater Investigation in the Tākaka Unconfined Gravel Aquifer and Appleby Gravel Unconfined Aquifer which were hundreds of times below the MAV.

5.2     Glyphosate (commonly known as RoundUp or Drexel) and per- and poly-fluoroalkyl substances (PFAS) were not detected in any of the shallow Tasman groundwaters.

5.3     In 2018, emerging organic contaminants (EOCs) were detected at 8 out of 10 Tasman sites. The same 10 sites were sampled in 2022; the results have yet to be received at the time of writing this report.

 

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Technical Report - Tasman Groundwater State of the Environment 2024

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8       CONFIDENTIAL SESSION

8.1     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:

8.2     Ex Gratia Payment Proposal

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.	s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege. Contains reference to legal advice and the release would undermine potential settlement negotiations s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). The report contains reference to legal advice and the release would undermine potential settlement negotiations	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.