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Doc # 9915581
Notice of Meeting: I hereby give notice that a meeting of the Healthy Rivers Wai Ora Committee will be held on: Date: Thursday 16 February 2017 Time: 2.00pm Meeting Room: Council Chamber Venue: Waikato Regional Council, 401 Grey Street, Hamilton East
VRJ PayneChief Executive Officer
Healthy Rivers Wai Ora Committee Agenda
MEMBERS: Maniapoto Māori Trust Board Trustee Ray Wi
Raukawa Charitable Trust Trustee Vanessa Eparaima
Te Arawa River Iwi TrustTrustee Roger Pikia Trustee Evelyn Forrest (alternate)
Tūwharetoa Māori Trust BoardTrustee Maria Nepia
Waikato Raupatu Trust Trustee Marae Tukere
Waikato Regional Council Councillor Stuart Kneebone (Co‐chair) Councillor Kataraina Hodge (Deputy Co‐chair) Councillor Stuart Husband Councillor Tipa Mahuta Councillor Bob Simcock
STAFF: Waikato Regional Council
Vaughan Payne (Chief Executive) Tracey May (Director Science and Strategy) Dominique Thurlow (Democracy Advisor) Maniapoto Māori Trust Board Kura Stafford
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Raukawa Charitable Trust Grant Kettle Dave Marshall Te Arawa River Iwi Trust Bridget Robson Tūwharetoa Māori Trust Board Simon Bendall Alice Barnett Waikato Raupatu Trust Donna Flavell Tim Manukau River Iwi Technical Advisor Billy Brough
IN ATTENDANCE:
APOLOGIES:
1 Confirmation of Agenda
2 Disclosures of Interest Any disclosures of interest relating to the business at this meeting.
SECTION A: (UNDER DELEGATION FOR THE INFORMATION OF COUNCIL)
3 Overview of Healthy Rivers Wai Ora Project
File: 23 10 09 (Doc # 9917068)
This report presents an overview of the Healthy Rivers Wai Ora project to assist new members of the Committee to increase their understanding, and to update continuing members of project status.
4‐6
4 Healthy Rivers Wai Ora Committee Terms of Reference 2016‐2019 Triennium
File: 23 10 09 (Doc # 9916303)
This report provides the update Healthy Rivers Wai Ora Committee Terms of Reference for the 2016‐2019 triennium.
7‐15
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SECTION B: (FOR RECOMMENDATION TO COUNCIL)
5 Healthy Rivers Wai Ora Proposed Plan Change 1, Amendments to Hearings Panel
Form, Selection and Appointment Process File: 23 10 09 (Doc # 9918518)
This report outlines the hearings panel form, selection and appointment process for the Healthy Rivers Wai Ora Proposed Plan Change 1.
16‐20
Doc# 9915581
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Doc # 9917068
Report to Healthy Rivers Wai Ora Committee 16 February 2017 ‐ For information
File No: 23 10 09
Date: 9 February 2017
To: Chief Executive Officer
From: Director Science and Strategy
Subject: Overview of Healthy Rivers Wai Ora Project
Section A (for information)
Purpose The purpose of this report is to present an overview of the Healthy Rivers Wai Ora project to assist new members of the Committee to increase their understanding, and to update continuing members of project status.
Recommendation:
That the report “Overview of the Healthy Rivers Wai Ora Project” (Doc # 9917068 dated 9 February 2017) be received for information.
Background The first stage of managing nitrogen, phosphorus, sediment and microbial pathogens to assist in achieving the Te Ture Whenua o Whaimana o Te Awa (the Waikato the Vision and Strategy for the Waikato and Waipa Rivers) is through change to the Operative Waikato Regional Plan, this has been implemented through the Healthy Rivers Wai Ora project. The Healthy Rivers Wai Ora process has been ongoing for a number of years. Initial project scoping began in 2010, with the project beginning in a substantive manner in 2012. The co‐governance and collaborative process that was embarked upon was a new way of approaching policy development both within the Waikato and New Zealand. Previous plan changes had progressed down a traditional Resource Management Act 1991 consultative planning route, whereby Council developed the plan and then took it out to stakeholders for feedback. In March 2013, Council adopted the Stakeholder Engagement Strategy, jointly developed by Council and River Iwi, which outlined the sector‐based collaborative approach that would be taken to develop the plan change. Having a 24 strong sector representative group be responsible for the crafting of critical policy that is to affect over 11,000 rural property owners, and 86,000 urban property owners, is not insignificant. The Collaborative Stakeholders Group (CSG) has been supported throughout the process by the Technical Leaders Group (TLG), thus ensuring that the conversations and decisions of the CSG are founded on a solid collective evidence base. All evidence that has supported CSG, as
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well records of all CSG discussions, have been placed on the Internet and are accessible through the following link. https://www.waikatoregion.govt.nz/council/policy‐and‐plans/plans‐under‐development/healthy‐rivers‐plan‐for‐change
The Healthy Rivers Wai Ora Committee (HRWOC) convened for the first time in December 2013 and the CSG and TLG began their processes in early 2014. The CSG and TLG were led by an independently appointed chairman, with the Chair of the CSG assisted by an independent facilitator. The collaborative process culminated in a recommendation from the CSG on 7 July to recommend to the HRWOC a draft plan change for consideration.
Following a series of engagement hui with River Iwi Trust Boards, the HRWOC met on 5 September 2016 to consider the draft proposed plan change and associated recommendations from the CSG, and were provided by the five River Iwi the decisions of their respective governance entities that supported the notification of the plan change for public submission.
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The Proposed Plan Change was publicly notified on 22 October 2016, with a submission period that far exceeded minimum statutory requirements by providing 80 working days for submissions to the document, with submissions closing 8 March 2016. Following legal proceedings issued by some Hauraki Iwi the week following notification, which centred on concerns around consultation, a portion of the plan change was withdrawn from notification. The decision to withdraw a portion of the plan change area was made by Council on 22 November, the decision was made in conjunction with letters of support from each of the River Iwi. The withdrawal of this area will enable consultation with those Hauraki Iwi with ‘an interest’ in the withdrawn area. Following consultation, any amendments to the draft proposed plan change, will be forwarded to the HRWOC for consideration and then on to Council. Following this the area of the plan change will be re‐notified and submissions called for. It is intended that at the further submissions stage the two processes will converge, thus bringing the plan change for the entire Waikato/Waipa catchment under the one proposed plan umbrella again. A presentation will be given at the Committee that overviews the process to date and next steps. Assessment of significance Having had regard to the decision making provisions in the Local Government Act 2002 and the council’s Policy on Significance, a decision in accordance with the recommendation is not considered to have a high degree of significance.
Tracey May
Director Science and Strategy
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Doc # 9916303
Report to Healthy Rivers Wai Ora Committee 16 February 2017 ‐ For information
File No: 23 10 09
Date: 9 February 2017
To: Chief Executive Officer
From: Director Science and Strategy
Subject: Healthy Rivers Wai Ora Committee Terms of Reference 2016‐2019 Triennium
Section A (for information)
Purpose The purpose of this item is to provide to the Committee the updated Healthy Rivers Wai Ora Committee Terms of Reference for the 2016‐2019 Triennium.
Recommendation:
That the report “Healthy Rivers Wai Ora Committee Terms of Reference 2016‐2019 Triennium” (Doc # 9916303 dated 9 February 2017) be received for information.
Background At the Healthy Rivers Wai Ora Committee (HRWOC) meeting of 18 August it was noted that the pending notification of Proposed Plan Change 1 was an opportune time to review the Terms of Reference (ToR) for the (HRWOC). The ToR was developed through a workshop of Te Rōpū Hautū (TRH) in 2013 and included a provision for the review of the Terms of Reference:
“18. A review of the Committee’s terms of reference will be undertaken when the regional plan is notified or at the triennium, whichever comes first.”
The Council and the five Iwi believed that there was considerable merit in continuing the Co‐Governance function of the Committee post the notification of Proposed Plan change 1 and through to the 2016‐2019 Triennium. Up to notification of the proposed plan change, 22 October 2016, the Committee had oversight of the process for developing the Healthy Rivers Wai Ora Plan Change 1. Post public notification the role of the Committee turns to oversight of the statutory process, overseeing the implementation and monitoring effectiveness of the Plan Change and developing the policy framework for the next plan change in 2026. At the Committee meeting on 18 August the Committee recommended changes to match the changed role of the Committee. The updated ToR are included as Attachment 1. Under the revised ToR Committee meetings would coincide with milestone stages through the statutory and implementation phases and would be held quarterly as a minimum, or less as agreed with the Co‐Chairs.
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The amended ToR were placed before Council for their consideration when making the decision on the Committee Structure for the 2016‐2019 Triennium. Council will make decisions on composition of, and ToR for, Committees at their final meeting for the 2016 year on 15 December. Whilst staff have not recommended any changes to those agreed by the Committee on 18 August, in order to comply with Councils recently adopted Standing Orders for the 2016‐2019 Triennium one clause has been inserted under ‘Meeting Procedures’, this matter has been highlighted in Attachment 1. The additional clause has been included in the terms of reference under the heading ‘meeting procedures’ stating that motions will be decided by a vote of at least 75% of members present and voting. Whilst Standing Orders provides for the chairperson to have a casting vote in the case of an equality of votes they do not address equality of votes for co‐chairing arrangements. Therefore it was felt that the incorporation of a 75% voting threshold would effectively remove the issue of a casting vote for the HRWOC, and would remove the ambiguity that exists around ‘consensus decision‐making’. In terms of the 75% threshold, it was deemed that this threshold was more than a majority of those present and voting, and high enough to be in‐line with the spirit of co‐management. Should any changes eventuate from the December Council meeting then a verbal update will be provided to the Committee at the meeting on 16 December 2016. Similarly, if there are amendments to the ToR post the Committee discussion then these will be reported to Council at their first meeting in 2017. Assessment of significance Having had regard to the decision making provisions in the Local Government Act 2002 and the council’s Policy on Significance, a decision in accordance with the recommendation is not considered to have a high degree of significance.
Tracey May
Director Science and Strategy
List of Attachments:
1. Healthy Rivers Wai Ora Committee Terms of Reference, as considered by Waikato Regional Council 15 December 2016
2. Revised Terms of Reference Healthy Rivers Wai Ora Committee, Amendments made post
discussion at Healthy Rivers Wai Ora Committee 18 August 2016 (HR16/20)
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Attachment 1. Healthy Rivers Wai Ora Committee Terms of Reference, as considered by Waikato
Regional Council 15 December 2016
Healthy Rivers – Wai Ora Committee
REPORTING TO:
Waikato Regional Council.
CONSTITUTION:
Five (5) Councillors of Waikato Regional Council. Equal numbers of Trustees, one (1) from each:
Te Arawa River Iwi Trust
Tūwharetoa Maori Trust Board
Raukawa Charitable Trust
Maniapoto Maori Trust Board
Waikato Raupatu River Trust. The Committee will be Co‐Chaired by a Councillor from Waikato Regional Council and a Trustee from one of the respective Iwi Trustees. The confirmed Co‐Chairs will be constant and unchanging.
QUORUM: Six (6) made up of three (3) Councillors of Waikato Regional Council and three (3) Iwi Trustees.
MEETING FREQUENCY:
Quarterly or as required.
MEETING PROCEDURES: In accordance with the Waikato Regional Council Standing Orders, however, motions will be decided by a vote of at least 75% of members present and voting.
PURPOSE:
To provide co‐governance functions with respect to Plan Change 1 and the Waikato and Waipa Rivers, including a focus on implementation, plan effectiveness monitoring and providing direction on the possible next steps post notification of Plan Change 1 including the co‐design of the project framework for subsequent planning processes that focus on the allocation of contaminant discharges to replace the existing “hold the line” approach.
CONTEXT: 1. As a Committee all parties agree and acknowledge that for co‐management to be effective there
needs to be a shared respect and understanding for each party’s relationship to the Waikato and Waipa Rivers and their catchments.
2. This Committee provides a co‐governance arrangement by which the Council and the five Iwi implement the Waikato‐Tainui Raupatu Claims (Waikato River) Settlement Act 2010, the Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, and the Ngā Wai o Maniapoto (Waipa River) Act 2012.
SCOPE OF ACTIVITY: 3. Promote the principles of co‐management and to oversee the implementation of Healthy Rivers:
Plan for Change/Wai Ora: He Rautaki Whakapaipai to give effect, in part, to the Vision and Strategy in relation to managing the adverse effects of discharges on the health and wellbeing of the Waikato and Waipa Rivers.
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SPECIFIC RESPONSIBILITIES:
4. To oversee the implementation of the Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai including: (a) Regular progress reports from the Joint Steering Group – Te Rōpū Hautū on the progress of
the plan change through the statutory process (b) Regular progress reports from the Joint Steering Group – Te Rōpū Hautū on the development
of the implementation programme for the Plan Change following the adoption of an agreed implementation plan
(c) Co‐design of the project framework for subsequent planning processes focussed on further improvement of water quality, including the post Plan Change 1 approach to allocation of contaminant discharges to replace the interim “hold the line” approach, to be completed by 2025
(d) Effectiveness assessment via scheduled plan effectiveness reviews at years 4 (2020) and 8 (2025); and
(e) Improving the effectiveness of the HRWO Plan Change, following scheduled plan effectiveness reviews at years 4(2020) and 8 (2024) by making recommendations to revise or refine aspects of the Plan Change or its delivery.
(f) Report the progress and the recommendation to fulfil Section 46(2)(c) and (d) of the Waikato‐Tainui Raupatu Claims (Waikato River) Settlement Act 2010, Section 48(2)(c) and (d) of the Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, Section 22(2)(c) and (d) of the Ngā Wai o Maniapoto (Waipa River) Act 2012 of plan change 1 through the Resource Management Act 1991 Schedule 1 process to Council. Including an agreed process by which the five Iwi will participate in making decisions on the notified Plan Change
POWER TO ACT: 5. Call meetings as required.
6. Receive reports as required. 7. Discuss and jointly decide and recommend to Council. PROCESS FOR APPROVING RECOMMENDATIONS TO COUNCIL FROM THE COMMITTEE: 8. The Committee may provide recommendations on the project to the Regional Council for
approval.
9. The Council may, after considering the Committee’s recommendations decide – i. To approve the recommendations without modification; or ii. To refer the recommendations back to the Committee with a request that the Committee
reconsider one or more aspects of their recommendations. 10. If the Council refers the recommendations back to the Committee, this Committee may, after
reconsidering the aspects referred back to it by the Council in its request, forward to the Council either or both of the following: i. Amended recommendations, ii. Any additional information that has been requested by the Council or that the Committee
considers will help the council with its decision.
11. If the Council receives amended recommendations, or additional information to support the Committee’s recommendations, it will: i. Approve the amended recommendations, or
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ii. Convene a meeting comprising full Council and Committee participants to seek resolution of differences.
12. Should Councillors and Iwi members of full Council and the Committee fail to achieve resolution
of issues, the Council may dissolve the Committee and all parties may invoke the dispute resolution procedures that prevail in the joint management agreements that each Iwi holds individually with the Council.
MEETINGS OF THE HEALTHY RIVERS: PLAN FOR CHANGE/WAI ORA: HE RAUTAKI WHAKAPAIPAI COMMITTEE: 13. The meetings are to be hosted by the Council and the five Iwi on an alternating basis to be decided
at each meeting.
14. Members will receive an agenda for each meeting at least 10 working days prior to the meeting. PRINCIPLES FOR REACHING RESOLUTIONS: 15. The parties agree to address the resolution of issues between them in a constructive, co‐
operative, and timely manner consistent with the principles outlined in the respective River Iwi Joint Management Agreements and/or legislation.
16. All parties agree that any decision made at a meeting will be made with the highest level of good faith and by way of consensus decision‐making.
RESOURCING: 17. The Council and the Trust participants will each bear its own costs of participation.
18. Council will provide the Secretariat for the meetings. COMMUNICATION: 19. Communications with the media and the wider public will be in accordance with an agreed
communications protocol to be approved by the Committee.
REVIEW OF THE COMMITTEE: 20. A further review of the Committee’s terms of reference will be undertaken when the proposed
plan reaches the scheduled plan effectiveness review at year 4 or at the triennium, whichever comes first.
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Attachment 2. Revised Terms of Reference Healthy Rivers Wai Ora Committee, Amendments made post discussion at Healthy Rivers Wai Ora Committee 18 August 2016 (HR16/20)
DRAFT Healthy Rivers Wai Ora Committee
Terms of Reference
REPORTING TO: Waikato Regional Council (Council)
CONSTITUTION: Equal numbers of:
(i) Five (5) elected members of Council [being Crs …..…]. That Chairperson … delegation to act as an alternate for WRC members be acknowledged.
(ii) One (1) Trustee from each: One (1) Trustee from the Te Arawa River Iwi Trust One (1) Trustee from the Tūwharetoa Māori Trust Board One (1) Trustee from the Raukawa Charitable Trust One (1) Trustee from the Maniapoto Māori Trust Board and One (1) Trustee from the Waikato Raupatu River Trust. Each Iwi has the discretion to appoint one (1) alternate member on the Healthy Rivers Wai Ora Committee, where the alternate shall be a Trustee of the River Iwi partner entity.
(iii) The Committee will be co‐chaired by an elected member from Council [Cr ..…] and a Trustee from one of the respective Iwi Trustees (parties to the legislation).
(iv) THAT the Healthy Rivers Wai Ora Committee nominate an iwi trustee and a council committee member [Cr …] as deputy co‐chairs
QUORUM Three (3) elected members of Council and three (3) Iwi Trustees.
MEETING FREQUENCY:
Quarterly or as required.
PURPOSE: To fulfil the requirements of Sections 12, 13 46(2)(c) and (d) of the Waikato‐Tainui Raupatu Claims (Waikato River) Settlement Act 2010, and Sections 13, 14, 16 and 48(2)(c) and (d) of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, Section 20 and 22(2)(c) and (d) of the Nga Wai o Maniapoto (Waipa River) Act 2012 the purpose of the Committee is to provide co‐governance functions with respect to Plan Change 1 and the Waikato and Waipa Rivers, including a focus on implementation, plan effectiveness monitoring and providing direction on the possible next steps post notification of Plan Change 1 including the co‐design of the project
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framework for subsequent planning processes that focus on the allocation of contaminant discharges to replace the existing “hold the line” approach.
CONTEXT: As a Committee all parties agree and acknowledge that for co‐management to be effective there needs to be a shared respect and understanding for each party’s relationship to the Waikato and Waipa Rivers and their catchments.
This Committee provides a co‐governance arrangement by which the Council and the five Iwi implement the Waikato‐Tainui Raupatu Claims (Waikato River) Settlement Act 2010, the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, and the Nga Wai o Maniapoto (Waipa River) Act 2012. SCOPE OF ACTIVITY Promote the principles of co‐management and to oversee the implementation of Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai to give effect, in part, to the Vision and Strategy in relation to managing the adverse effects of discharges on the health and wellbeing of the Waikato and Waipa Rivers.
1. Specific Responsibilities
To oversee the implementation of the Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai including: - Regular progress reports from the Joint Steering Group – Te Rōpū Hautū on the progress of
the plan change through the statutory process - Regular progress reports from the Joint Steering Group – Te Rōpū Hautū on the development
of the implementation programme for the Plan Change following the adoption of an agreed implementation plan
- Co‐design of the project framework for subsequent planning processes focussed on further improvement of water quality, including the post Plan Change 1 approach to allocation of contaminant discharges to replace the interim “hold the line” approach, to be completed by 2025
- Effectiveness assessment via scheduled plan effectiveness reviews at years 4 (2020) and 8 (2025); and
- Improving the effectiveness of the HRWO Plan Change, following scheduled plan effectiveness reviews at years 4(2020) and 8 (2024) by making recommendations to revise or refine aspects of the Plan Change or its delivery.
- Report the progress and the recommendation to fulfil Section 46(2)(c) and (d) of the Waikato‐Tainui Raupatu Claims (Waikato River) Settlement Act 2010, Section 48(2)(c) and (d) of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, Section 22(2)(c) and (d) of the Nga Wai o Maniapoto (Waipa River) Act 2012 of plan change 1 through the Resource Management Act 1991 Schedule 1 process to Council. Including an agreed process by which the five Iwi will participate in making decisions on the notified Plan Change
2. Power to Act - Call meetings as required. - Receive reports as required. - Discuss and jointly decide and recommend to Council.
3. Process for approving recommendations to Council from the Committee
a) The Committee may provide recommendations on the project to the Regional Council for
approval.
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b) The Council may, after considering the Committee’s recommendations decide –
iii. To approve the recommendations without modification; or iv. To refer the recommendations back to the Committee with a request that the Committee
reconsider one or more aspects of their recommendations.
c) If the Council refers the recommendations back to the Committee, this Committee may, after reconsidering the aspects referred back to it by the Council in its request, forward to the Council either or both of the following:
iii. Amended recommendations, iv. Any additional information that has been requested by the Council or that the Committee
considers will help the council with its decision.
d) If the Council receives amended recommendations, or additional information to support the Committee’s recommendations, it will:
iii. Approve the amended recommendations, or iv. Convene a meeting comprising full Council and Committee participants to seek resolution
of differences.
e) Should Councillors and Iwi members of full Council and the Committee fail to achieve resolution of issues, the Council may dissolve the Committee and all parties may invoke the dispute resolution procedures that prevail in the joint management agreements that each Iwi holds individually with the Council.
4. Meetings of the Healthy Rivers: Plan for Change/Wai Ora: He Rautaki Whakapaipai Committee
- The meetings are to be hosted by the Council and the five Iwi on an alternating basis to be decided at each meeting.
- Members will receive an agenda for each meeting at least 10 working days prior to the meeting.
5. Principles for reaching resolutions
- The parties agree to address the resolution of issues between them in a constructive, co‐
operative, and timely manner consistent with the principles outlined in the respective River iwi Joint Management Agreements and/or legislation.
- All parties agree that any decision made at a meeting will be made with the highest level of good faith and by way of consensus decision‐making.
- Should consensus not be reached on an issue that requires resolution, any member of the Committee may invoke the dispute resolution procedures that prevail in the joint management agreements that each Iwi holds individually with the Council.
6. Resourcing - The Council and the Trust participants will each bear its own costs of participation. - Council will provide the Secretariat for the meetings.
7. Communication
Communications with the media and the wider public will be in accordance with an agreed communications protocol to be approved by the Committee.
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8. Meeting procedures
In accordance with the New Zealand Standard Model Standing Orders (NZS9202:2003 incorporating Amendment No.1).
9. Review of the Committee
A further review of the Committee’s terms of reference will be undertaken when the proposed plan reaches the scheduled plan effectiveness review at year 4 or at the triennium, whichever comes first.
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Doc # 9918518
Report to Healthy Rivers Wai Ora Committee 16 February 2017 – Decision required
File No: 23 10 09
Date: 9 February 2017
To: Chief Executive Officer
From: Director Science and Strategy
Subject: Healthy Rivers Wai Ora Proposed Plan Change 1, Amendments to Hearings Panel Form, Selection and Appointment Process
Section B (For Recommendation to Council)
Purpose The purpose of this report is to consider the numerous recommendations of the Committee and Council in relation to the Hearings Panel, and to provide the Committee with a path forward for recommendation to Council.
Recommendation:
1. That the report “Healthy Rivers Wai Ora Proposed Plan Change 1, Amendments to Hearings Panel Form, Selection Criteria and Appointment Process” (Doc 9918518 dated 9 February 2017) be received for information.
2. That the Healthy Rivers Wai Ora Committee confirm the Waikato Regional Council will make the final decision to appoint the independent commissioners and independent chair of the hearing panel on the recommendation of the Healthy Rivers Wai Ora Committee.
3. That the procurement process to enable the recommendation of independent commissioners to the Committee is initiated as soon as practicable.
Background The Healthy Rivers Wai Ora Committee (HRWOC) recommended to the Waikato Regional Council (the Council) an agreed process to set out the hearing panel form, selection criteria and the process for selecting the independent commissioners (refer HR16/21). On 15 September 2016 the Council adopted the HRWOC recommendation (refer WRC16/279.3). The recommendation from HRWOC also proposed a delegation from WRC to HRWOC to make the final decision on appointing the hearing panel. The delegation was considered by the Council at a meeting on 25 August 2016 as a recommendation in a separate report “Hearings Panel for Healthy Rivers Plan Change 1, process for appointments and appointment of Commissioners to be delegated to Healthy Rivers Wai Ora Committee” (Doc#8956474). This report was following on from the discussion held at the Healthy Rivers Wai Ora Committee on 18 August 2016. At this meeting, the Council passed
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a procedural motion “THAT the item of business being discussed be left to lie on the table to allow staff to review and provide suggestions on a way forward” (refer WRC16/258). At the 15 September Council meeting, the matter was re‐considered after the Council had adopted the minutes from the HRWOC, which included recommendation HR16/21. The discussion that was had at the Council meeting on 15 September occurred in response to an agenda item that addressed the ‘live’ procedural motion that lay on the table from the 25 August Council meeting. The Council made a decision to refer back to the HRWOC (refer WRC16/282) for consideration and feedback:
Council appoints the hearings panel on the recommendation of HRWOC;
Council is provided with a full list of suitable, potential commissioners, together with their respective CVs;
Hearings Panel to consist of a Chair and four independent commissioners; and
Waikato River Authority may exercise their legislative right to appoint one commissioner direct on to the five‐member Hearing Panel.
Matters to be considered by HRWOC
The five Waikato and Waipa River Iwi (the five Iwi) have indicated they are comfortable with the Council retaining delegation to make the final decision to appoint the independent commissioners and independent chair for the hearing panel. The HRWOC would continue to make recommendations to the Council on the appointments. In the unlikely event the Council did not agree with the recommendations of the HRWOC and as per the Terms of Reference for the HRWOC the Council can ask the HRWOC to re‐consider their recommendation. The form and composition of the hearing panel was discussed at some length by the HRWOC on 18 August 2016. The HRWOC accepted the Te Roopuu Hautuu recommendation that the hearing panel consist of four independent commissioners and an independent chairperson. In respect of the form and composition of the hearing panel, the recommendation from the members of Te Roopuu Hautuu has not changed. The hearing panel form, selection criteria and appointment process (the agreed process) was co‐designed by the members of Te Roopuu Hautuu. The selection criteria for the hearing panel was discussed by the HRWOC with two additional criteria being added to the “Additional matters that are complimentary to the mandatory criteria” section. The complete list of selection criteria (refer to Appendix A) was adopted by the Council. The agreed process also establishes a sub‐group of Te Roopuu Hautuu (refer to Appendix B) and means the five Iwi, Council staff and the Waikato River Authority (WRA) have shared input in making recommendations to HRWOC on the preferred candidates for the panel of independent commissioners and the independent chair. The Te Roopuu Hautuu sub‐group will assess and evaluate candidates against the selection criteria and information received from responses to the Council procurement process. In co‐designing the agreed process, the five Iwi and WRA decided to not directly appoint commissioners onto the hearing panel in lieu of being able to jointly recommend all the candidates.
Summary of amendments to recommendation An amendment is required to HRWOC recommendation (HR16/21) setting out the hearing panel form, selection criteria and the process for selecting the independent commissioners. As set out in recommendation H16/21, HRWOC will receive recommendations from Te Roopuu Hautuu on the preferred candidates for the four independent commissioners and the independent chair.
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However, instead of HRWOC making the final decision under delegated authority from the Council, HRWOC will now recommend that the Council make the final decision to appoint the preferred candidates to the hearing panel.
Other matters The procurement of services for the four independent commissioners and the independent chair will comply with Council’s procurement process (fiduciary obligations under the Local Government Act 2002). The Expressions of Interest documentation will include the mandatory and additional and complimentary criteria as set out in Appendix A. The Council retains the statutory function of making the final decision on recommendations from the hearing panel —post deliberations on hearing submissions and further submissions—.
Assessment of significance Having had regard to the decision‐making provisions in the Local Government Act 2002 and the council’s Policy on Significance, a decision in accordance with the recommendation is not considered to have a high degree of significance.
Billy Brough Tracey May
River Iwi Technical Advisor Director Science and Strategy
List of Attachments:
1. Mandatory and additional and complimentary criteria for Hearings Commissioners
2. Te Roopuu Hautuu sub‐group membership
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Appendix 1 – Mandatory and additional and complimentary criteria
To assist in forming a balanced hearing panel the following mandatory criteria and additional and
complimentary criteria are proposed. Note the criteria listed below are non‐hierarchical.
Mandatory criteria for all Commissioners:
Must hold current certification in the Local Government New Zealand/Ministry for the
Environment "Making Good Decisions" certification programme
Relevant experience as an Independent Commissioner hearing matters related to Section 30
and 63, 65 and 66 of the Resource Management Act 1991
Relevant experience and working knowledge of resource management decision‐making
processes
Proven ability to understand and comprehend complex resource management problems —
including the matters listed in Section 5(2) of the Resource Management Act 1991— and the
ability to weigh up evidence and make decisions
Robust understanding and application of Te Ture Whaimana
Familiarity and knowledge of the Waikato and Waipa River catchments
In addition to the mandatory criteria, one or more independent commissioners must have specialist
expertise in tikanga Maori and/or Maori resource management issues.
In addition to the mandatory criteria, the independent chairperson of the hearing committee must:
be experienced at chairing hearings convened under Schedule One of the RMA
possess highly developed skills in achieving consensus decision‐making, focussed on fairness
coupled with efficiency
Additional matters that are complimentary to the mandatory criteria and must be taken into account
including:
Specialised technical expertise in any of the following areas:
Freshwater management and natural resource planning
Knowledge of resource management law
Freshwater sciences
Pastoral farming systems
Knowledge of rural communities
Natural resource economics
Social and political sciences
Any conflicts of interest
Commitment to the duration of hearing process
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Appendix 2 – Te Roopuu Hautuu sub‐group membership
The sub‐group of Te Roopuu Hautuu will consist of:
two River Iwi managers;
two WRC staff members; and
one WRA staff member.
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