Notice of Meeting:

I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:

 

Date:                                                    Wednesday 30 October 2019

Time:                                                   3.30 pm

Venue:                                                Council Chamber, Municipal Chambers, The Octagon, Dunedin

 

Sue Bidrose

Chief Executive Officer

 

Council

PUBLIC AGENDA

 

MEMBERSHIP

 

Mayor

Mayor Aaron Hawkins

 

Deputy Mayor

Cr Christine Garey

 

 

Members

Cr Sophie Barker

Cr David Benson-Pope

 

Cr Rachel Elder

Cr Doug Hall

 

Cr Carmen Houlahan

Cr Marie Laufiso

 

Cr Mike Lord

Cr Jim O'Malley

 

Cr Jules Radich

Cr Chris Staynes

 

Cr Lee Vandervis

Cr Steve Walker

 

Cr Andrew Whiley

 

 

Senior Officer                                               Sue Bidrose, Chief Executive Officer

 

Governance Support Officer                  Lynne Adamson

 

 

 

Lynne Adamson

Governance Support Officer

 

 

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

 

 

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

 


Council

30 October 2019

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Public Forum                                                                                                                                                              4

2             Apologies                                                                                                                                                                    4

3             Confirmation of Agenda                                                                                                                                        4

4             Declaration of Interest                                                                                                                                           5     

Reports

5             Appointment to the Otago Museum Trust Board                                                                                     17

6             DCC Submission: Otago Regional Council Proposed Plan Change 6AA                                              19

7             DCC Submission: Essential Freshwater - action for healthy waterways                                            55

8             Submission on Resource Management Amendment Bill                                                                        77                

 

 


Council

30 October 2019

 

 

1          Public Forum

There will be no public forum.

2          Apologies

At the close of the agenda no apologies had been received.

3          Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.


Council

30 October 2019

 

Declaration of Interest

 

  

 

EXECUTIVE SUMMARY

1.         Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

 

2.         Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.

 

3.         Staff members are reminder to update their register of interest as soon as practicable.

 

RECOMMENDATIONS

That the Council:

a)         Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and

b)        Confirms/Amends the proposed management plan for Elected Members' Interests.

c)         Notes the Executive Leadership Team’s Interest Register as attached as Attachment B.

 

 

Attachments

 

Title

Page

a

Elected Members Register of Interest

7

b

Executive Leadership Team Interest Register

14

  



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30 October 2019

 

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Council

30 October 2019

 

Reports

 

Appointment to the Otago Museum Trust Board

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          The Dunedin City Council (DCC) is required to appoint four members to the Otago Museum Trust Board (the Board) under section 6(1) of the Otago Museum Trust Board Act 1996 (the Act). 

2          With the retirement of Cr Wilson from the DCC, a position has now become vacant on the Board. 

RECOMMENDATIONS

That the Council:

a)     Acknowledges the contribution made by Kate Wilson to the Otago Museum Trust Board.

b)     Appoints Lee Vandervis as a council representative to the Otago Museum Trust Board.

 

BACKGROUND

3          The Board membership consists of four members appointed by the Dunedin City Council along with one member jointly appointed by the Clutha District Council, the Central Otago District Council and the Waitaki District Council.  Two members are appointed by the University of Otago, one member by the Otago Branch of the Royal Society of New Zealand or its successor body, one member by Manawhenua and one member by the Association of Friends of the Otago Museum.  The Council appointments are Laura Black, Mayor Hawkins, Cr Chris Staynes and a vacancy following the retirement of former Cr Kate Wilson.   

4          It is recommended that Lee Vandervis be appointed as the council representative to the Board, to fill the existing vacancy.

5          This appointment is required to be made at this time, as the Board has a meeting scheduled for early November. 

OPTIONS

6          As this is an administrative report, there are no options or Statement of Consideration.

NEXT STEPS

7          If approved, the Board will be notified of the appointment of Cr Lee Vandervis.

8          A report will be prepared for the December Council meeting to reappoint the current council appointees, and to give consideration to staggering the terms of those appointees. 

9          A subsequent meeting will consider appointments to other external organisations.

 

Signatories

Author:

Sharon Bodeker - Team Leader Civic

Authoriser:

Sandy Graham - General Manager City Services

Attachments

There are no attachments for this report.

 

 


Council

30 October 2019

 

 

DCC Submission: Otago Regional Council Proposed Plan Change 6AA

Department: 3 Waters

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks the Council’s approval of a submission (Attachment A) to the Otago Regional Council (ORC) on proposed Plan Change 6AA to the Regional Plan: Water for Otago (Water Plan).

2          Proposed Plan Change 6AA would postpone the date at which conditions on discharge contaminant concentration and nitrogen leaching set out in the Water Plan come into force from 1 April 2020 to 1 April 2026.

3          The ORC notified proposed Plan Change 6AA on 5 October 2019 (Attachment B). The ORC’s Evaluation Report prepared under section 32 of the Resource Management Act 1991 (RMA) is attached to this report as Attachment C. Submissions close on 4 November 2019.

4          The draft DCC submission acknowledges the ORC’s proposal, notes opportunities the proposal provides to align the Water Plan with national-level freshwater reform initiatives and expresses the DCC’s ongoing support for a collaborative approach to addressing water quality issues.

RECOMMENDATIONS

That the Council:

a)     Approves the DCC submission to the Otago Regional Council on Proposed Plan Change 6AA at Attachment A.

 

BACKGROUND

Water Plan: Plan Change 6A and proposed Plan Change 6AA

5          The Water Plan is prepared under the RMA. The Water Plan must give effect to all relevant National Policy Statements and the ORC’s Regional Policy Statement.

6          In 2014, the ORC introduced a new set of provisions for water quality, including rules that impose conditions on contaminant concentration of discharges and nitrogen leaching. These rules, which predominantly apply to rural land uses and are due to take effect on 1 April 2020, were introduced through Plan Change 6A to the Water Plan. The DCC made several submissions on Plan Change 6A after the ORC notified it in 2012.

7          The ORC now considers these rules are ambiguous, unenforceable and uncertain, and may result in many land users having to apply for discharge consents from 1 April 2020. The ORC considers that issuing consents would not improve environmental outcomes and would not be appropriate in the context of the full review of the Water Plan, which commenced in October 2018. The ORC considers the consenting regime would likely undermine the effectiveness of the revised rule framework to be developed as part of the full review of the Water Plan and could limit its ability to give effect to the objectives of the National Policy Statement for Freshwater Management 2014 (amended 2017) (NPS-FM).

8          The ORC now proposes extending the commencement date for relevant discharge and nitrogen leaching rules to 1 April 2026 through proposed Plan Change 6AA, to allow time to develop a more robust water management framework that implements and gives full effect to the NPS-FM. The ORC expects the full review of the Water Plan will be completed, and new planning provisions operative, before 1 April 2026. The current rules in the Water Plan will remain in place until that date.

9          The ORC notified proposed Plan Change 6AA on 5 October 2019. All amendments to rules set out in proposed Plan Change 6AA (ie. the date changes from 1 April 2020 to 1 April 2026) took immediate legal effect from the date of notification, pursuant to section 86B(1)(a) and (3) of the RMA.

Prior consultation on proposed Plan Change 6AA

10        In August 2019, the ORC sent a pre-notification consultation draft of Plan Change 6AA to the DCC and other stakeholders in accordance with Clauses 3 and 4A of Schedule 1 to the RMA. The consultation draft proposed to postpone the date at which conditions on discharge contaminant concentration and nitrogen leaching from 1 April 2020 to 1 April 2023.

11        The DCC’s Chief Executive Officer provided feedback on the pre-notification consultation draft. The feedback noted the DCC had no specific comments on proposed Plan Change 6AA but expressed a strong interest in engaging with the ORC on a proposed subsequent change to the Water Plan that proposes to address matters relating to discharges from wastewater and stormwater systems and sediment run-off from earthworks.

12        The ORC also received feedback on the pre-notification consultation draft from the Department of Conservation and Aukaha (on behalf of Te Rūnanga o Ōtākou, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Moeraki and Hokonui Rūnanga). The ORC’s Section 32 Evaluation Report (Attachment C) summarises the feedback received.

13        The ORC did not make any amendments to proposed Plan Change 6AA in response to feedback received on the pre-notification consultation draft. However, the ORC, in response to legal advice, extended the commencement date of relevant discharge and nitrogen leaching rules in the notified plan by a further three years.

DISCUSSION

14        Extending the date at which conditions on discharge contaminant concentration and nitrogen leaching set out in the Water Plan come into effect is unlikely to have any direct impacts on DCC activities. As such, the draft DCC submission makes minimal comment on the proposed date change. Stakeholder organisations representing different interest and/or sector groups within the Dunedin community are likely to provide feedback to the ORC through their own submissions.

15        The draft DCC submission notes that the delay provides an opportunity to ensure revisions to the Water Plan align with national-level freshwater quality reforms. The proposed reforms, which the Government is advancing through its Essential Freshwater Programme, include revising the NPS-FM, introducing new National Environmental Standards for Freshwater Management and introducing new Stock Exclusion Regulations made under section 360 of the RMA.

16        The draft DCC submission also expresses the DCC’s ongoing support for a collaborative approach to addressing water quality issues, and desire to engage on a future plan change relating to discharges from wastewater and stormwater systems and sediment run-off from earthworks.

OPTIONSOption One – Recommended Option – submit on Plan Change 6AA

17        Approve, with any suggested amendments, the draft submission to ORC on Plan Change 6AA.

Advantages

·        Allows the DCC to acknowledge the ORC’s proposal, note opportunities to align the Water Plan with national-level freshwater reform initiatives and express the DCC’s ongoing support for a collaborative approach to addressing water quality issues.

Disadvantages

·        There are no identified advantages for this option.

Option Two – do not submit on proposed Plan Change 6AA

18        Do not approve the draft submission to ORC on proposed Plan Change 6AA.

Advantages

·        There are no identified advantages for this option.

Disadvantages

·        Missed opportunity to acknowledge the ORC’s proposal, note opportunities to align the Water Plan with national-level freshwater reform initiatives and express the DCC’s ongoing support for a collaborative approach to addressing water quality issues.

NEXT STEPS

19        If the Council approves the draft DCC submission it will be sent to ORC for consideration on or before the 4 November 2019 deadline.

20        The ORC is expected to publicly notify submissions and request further submissions in late-November 2019. Hearings on proposed Plan Change 6AA are expected to take place during the period December 2019-January 2020. Notification of decisions on proposed Plan Change 6AA is expected to occur in February 2020.

 

Signatories

Author:

Karen Sannazzaro - Regulation and Policy Team Leader

Scott Campbell - Policy Analyst

Authoriser:

Tom Dyer - Group Manager 3 Waters

Simon Drew - General Manager Infrastructure Services

Attachments

 

Title

Page

a

Draft DCC submission: Proposed Plan Change 6AA

25

b

Notified Proposed Plan Change 6AA

26

c

Proposed Plan Change 6AA: Section 32 Evaluation Report

39

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision promotes the environmental, economic, social and cultural well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

Māori Impact Statement

Staff have not engaged with Kāi Tahu on the development of the draft DCC submission.

 

ORC’s Section 32 Evaluation Report (Attachment C) notes that Te Rūnanga o Ōtākou, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Moeraki and Hokonui Rūnanga (through Aukaha) provided feedback on the pre-notification consultation draft of proposed Plan Change 6AA in August 2019.

Sustainability

There are no potential long-term implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications on these plans or strategies.

Financial considerations

There are no financial implications.

Significance

This decision has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

There has been no external engagement on the draft DCC submission. As noted above, in August 2019 the Chief Executive Officer (DCC) provided feedback to the ORC on a pre-notification consultation draft of proposed Plan Change 6AA.

Engagement - internal

Staff from 3 Waters and Corporate Policy contributed to the development of the draft DCC submission.

Risks: Legal / Health and Safety etc.

There are no identified risks associated with approving the draft DCC submission.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards may be interested in proposed Plan Change 6AA and the draft DCC submission.

 

 


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30 October 2019

 

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Council

30 October 2019

 

 

DCC Submission: Essential Freshwater - action for healthy waterways

Department: 3 Waters

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks the Council’s approval of a submission (Attachment A) to the Ministry for the Environment (MfE) on the Government’s Essential Freshwater package of proposals.

2          The proposals in the Essential Freshwater package include:

a)         Action for Healthy Waterways – a discussion document on national direction for our essential freshwater (the discussion document);

b)        a draft revised National Policy Statement for Freshwater Management (NPS-FM) and new National Environmental Standards for Freshwater (Freshwater NES);

c)         an accelerated freshwater planning process, intended to enable regional councils to have new plans in place to give effect to the revised NPS-FM no later than 2025;

d)        revised National Environmental Standards for Sources of Human Drinking Water (Drinking Water NES);  

e)        new National Environmental Standards for Wastewater Discharges and Overflows (Wastewater NES);

f)         new risk management planning and reporting requirements for wastewater and stormwater service providers;

g)         new national guidance on stormwater policy and network management; and

h)        new national requirements for farm practices, to be given effect through a combination of the NPS-FM, Freshwater NES and Stock Exclusion Section 360 Regulations.

3          The draft submission highlights specific DCC requests, which relate to:

a)         territorial authority roles in freshwater planning and management;

b)        district plans and integrated management of freshwater;

c)         the proposed National Objectives Framework set out in the draft NPS-FM;

d)        the potential impacts of proposed measures to protect streams, wetlands and fish passage on the ability of territorial authorities to provide infrastructure services to communities;

e)        the proposed Wastewater NES;

f)         proposed guidance on stormwater management;

g)         regulatory impact analysis; and

h)        timeframes for implementing the proposal.

RECOMMENDATIONS

That the Council:

a)     Approves the DCC submission to the Ministry for the Environment on the Government’s Essential Freshwater package at Attachment A.

b)     Authorises the Mayor (or their delegate) to speak to the submission should the opportunity arise.

c)     Notes the DCC is likely to have further opportunities to provide feedback on some proposals included in the Essential Freshwater package, through the Essential Freshwater Programme, the Three Waters Review and/or Parliamentary processes.

 

BACKGROUND

4          The Government established the Essential Freshwater Programme in 2018. The aim of the Programme, which is led by the Minister for the Environment (Hon David Parker) and the Minister of Agriculture (Hon Damien O’Connor), is to deliver a noticeable improvement in freshwater quality in New Zealand within five years.

5          The Essential Freshwater Programme is separate to the Government’s Three Waters Review, which was also established in 2018 and is led by the Minister of Local Government (Hon Nanaia Mahuta). However, there are significant overlaps between the two work programmes, particularly in relation to environmental regulation of stormwater and wastewater.

6          On 5 September 2019, MfE published the Essential Freshwater discussion document and called for submissions.  The original closing date for submissions was 17 October 2019, but this has been extended until 31 October 2019.

7          The discussion document, draft revised NPS‑FM, draft Freshwater NES and draft Stock Exclusion Section 360 regulations are available on the MfE website (https://www.mfe.govt.nz/consultation/action-for-healthy-waterways).

8          Aspects of the Essential Freshwater package also relate to other Government reform initiatives, including proposals to introduce national policy statements for urban development and highly productive land. DCC submissions on these draft national policy statements have also been prepared.

Essential Freshwater package: proposals

9          National policy statements are instruments issued under section 52(2) of the Resource Management Act 1991 (RMA), which state objectives and policies for matters of national significance. The Government proposes raising the bar on freshwater ecosystem health by revising the current NPS-FM. The proposed revisions to the NPS-FM would strengthen and clarify the requirement to manage freshwater in a way that gives effect to Te Mana o Te Wai, the integrated and holistic health and wellbeing of waters as a continuum from the mountains to the sea.

10        The Government also proposes establishing, through legislation, an accelerated freshwater planning process to enable regional councils to have new plans in place to give effect to the revised NPS-FM no later than 2025. The Minister for the Environment introduced the Resource Management Amendment Bill to Parliament on 23 September 2019.

11        The Government proposes to prevent further degradation of waterways by introducing a Freshwater NES, which it has indicated could come into effect by June 2020. National environmental standards are regulations issued under section 43 of the RMA that prescribe standards for environmental matters, to ensure a consistent standard for a particular activity or resource use.

12        The Essential Freshwater package proposes a number of measures designed to reduce the impacts of farming discharges on freshwater quality, including: mandatory farm planning; restrictions on land use intensification; immediate action to reduce nitrogen loss; strengthened stock exclusion requirements; and controls on feedlots, stock holding areas and winter grazing. These measures would be given effect through a combination of the NPS-FM, Freshwater NES and Stock Exclusion Regulations.

13        In addition to the draft revised NPS-FM draft Freshwater NES and draft Stock Exclusion Section 360 Regulations, the Essential Freshwater discussion document also calls for feedback on high level proposals to:

a)         revise the current Drinking Water NES to support the delivery of safe drinking water;  

b)        introduce a new Wastewater NES;

c)         introduce new risk management planning requirements for wastewater and stormwater service providers;

d)        introduce new requirements for wastewater and stormwater service providers to report on national environmental performance measures for wastewater and stormwater systems; and

e)        provide new national guidance on stormwater policy and network management; and

f)         impose new national requirements on farm practices.

14        The Government has indicated it will consult on more detailed proposals for protection of drinking water sources and for stormwater and wastewater management in mid-2020.

DISCUSSION

15        Aspects of the Essential Freshwater proposals have implications for the DCC’s provision of infrastructure services and for district planning. The proposals also have significant implications for regional councils, and for land users such as farmers whose activities may result in the discharge of contaminants to waterways.

16        While there is broad support for the intent of the proposals, the draft DCC submission highlights aspects that require further consideration or clarification as the Essential Freshwater Programme and other related reform initiatives progress.  Specific DCC requests highlighted in the draft submission relate to: territorial authority roles in freshwater planning and management; district plans and integrated management of freshwater; the proposed National Objectives Framework of the NPS-FM; the proposed Wastewater NES; proposed stormwater management guidelines; potential economic effects; and timeframes for implementing the proposal.

17        The draft submission also asks the Government to revise the draft NPS-FM and draft Freshwater NES to ensure that measures to protect streams, wetlands and fish passage do not unreasonably impact on the ability of territorial authorities to provide infrastructure services for communities, including:

a)         management of urban stormwater systems in a manner that minimises risks to people, property and the environment;

b)        spatial planning approaches that facilitate infill development in urban areas;

c)         roading; and

d)        landfills.

18        As currently drafted, the provisions to protect streams could prevent the DCC undertaking activities such as piping urban watercourses. However, the DCC is likely to continue to need to undertake these sorts of activities in certain circumstances, in order to fulfil its obligations to manage urban stormwater drainage responsibly and facilitate infill development in urban areas.

19        In addition, current draft provisions to protect wetlands could constrain the DCC’s ability to carry out works required to build and maintain roading infrastructure (including bridges and culverts) and to maintain existing and historic landfills built in or near natural wetlands.

OPTIONS

Option One (Recommended Option) – submit on the Essential Freshwater package of proposals

20        Approve, with any suggested amendments, the draft submission to MfE on the proposals in the Essential Freshwater discussion document.

Advantages

·        Allows the DCC to highlight issues for the Government’s consideration as development of the proposed Essential Freshwater reform package continues.

Disadvantages

·        There are no identified disadvantages for this option.

Option Two – do not make a submission on the Essential Freshwater package of proposals

21        Do not approve the draft submission to MfE.

Advantages

·        There are no identified advantages for this option.

Disadvantages

·        Missed opportunity to highlight issues for the Government’s consideration as development of the proposed Essential Freshwater reform package continues.

NEXT STEPS

22        If the Council approves the draft submission it will be sent to MfE by 31 October 2019.

 

Signatories

Author:

Scott Campbell - Policy Analyst

Karen Sannazzaro - Regulation and Policy Team Leader

Authoriser:

Zoe Moffat - Planning Manager

Tom Dyer - Group Manager 3 Waters

Simon Drew - General Manager Infrastructure Services

Attachments

 

Title

Page

a

Draft DCC submission: Essential Freshwater - action for healthy waterways

62

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision promotes the environmental, economic, social and cultural well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

The draft submission has been prepared in line with the goals and objectives of the strategic framework above, including the Infrastructure Strategy in Dunedin’s 10 Year Plan 2018-2028.

Māori Impact Statement

Proposals set out in the Essential Freshwater discussion document are designed to elevate the status of Māori values in the freshwater management and planning. The draft DCC submission supports Te Mana o Te Wai as a national framework for understanding freshwater, and the proposal that a new Wastewater NES includes approaches for incorporating culturally-acceptable wastewater treatment processes.

 

Staff have not engaged with Kāi Tahu on the development of the draft DCC submission.

Sustainability

The proposals set out in the Essential Freshwater package have implications for environmental, economic and social sustainability. The draft DCC submission addresses aspects of these implications.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Approving the draft DCC submission has no implications on the LTP, Annual Plan, Financial Strategy and Infrastructure Strategy.

 

However, the draft submission addresses a number of proposals designed to promote the health of waterways in New Zealand. The implementation of proposals such as revising the current Drinking Water NES, introducing a new Wastewater NES and introducing new risk management planning requirements for wastewater and stormwater service providers will likely have future implications for the 10 Year Plan, Annual Plan, Financial Strategy and Infrastructure Strategy. A more detailed analysis of implications for these documents will be possible after the Government releases more detailed proposals for drinking water source protection and stormwater and wastewater management in mid-2020.

Financial considerations

There are no financial implications of approving the draft DCC submission.

Significance

This decision to approve the draft DCC submission has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

There has been no external engagement on the draft DCC submission.

Engagement - internal

Staff from across the DCC, including 3 Waters, Transport, Parks and Recreation, City Development, Building Services, Corporate Policy and Enterprise Dunedin contributed to the development of this draft DCC submission.

Risks: Legal / Health and Safety etc.

There are no identified risks associated with approving the draft DCC submission.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards may be interested in the Essential Freshwater package of proposals and the DCC submission.

 

 


Council

30 October 2019

 

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Council

30 October 2019

 

 

Submission on Resource Management Amendment Bill

Department: Community and Planning

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks approval of a draft submission (Attachment A) to the Environment Select Committee on the Resource Management Amendment Bill 2019 (the Bill).

RECOMMENDATIONS

That the Council:

a)     Approves the draft Dunedin City Council submission to the Environment Select Committee on the Resource Management Amendment Bill 2019.

 

BACKGROUND

2          The Bill would amend the Resource Management Act (RMA) 1991 and the Resource Legislation Amendment Act (RLAA) 2017. It would also make consequential amendments to a number of other Acts. The stated purpose of the bill is to make changes to the RMA which would reduce complexity, increase certainty, and reinstate public participation opportunities. It also aims to improve freshwater management and outcomes in accordance with the proposals raised in the Government’s Essential Freshwater package. A separate report and a draft submission have been prepared for consideration on proposed freshwater changes.

3          The Bill would:

·    repeal some of the changes made by the Resource Legislation Amendment Act 2017

·    improve RMA processes

·    increase maximum infringement fees under the RMA

·    enable the Environmental Protection Authority (EPA) to undertake enforcement action under the RMA, and

·    establish a new freshwater planning process.

4          The submission period closes on 7 November.

DISCUSSION

5          The Bill is proposing a relatively limited scope of change. A more comprehensive review is being undertaken. The Bill can be split into operational RMA matters and freshwater management. The changes concerning freshwater are a small part of a wider body of work by the Government. This is addressed in another report to Council, on 30 October, that considers the Government’s Essential Freshwater package of proposals for change.

6          The proposed changes are primarily of an operational nature and do not raise concerns. The draft submission reflects this by taking a range of neutral and supporting positions. The main changes are summarised as follows:

7          Removal of regulation making powers:

•    The Bill removes the regulation-making power that enables the Minister to make regulations that prescribe activities as fast-track (meaning non-notified resource consents must be processed in ten, instead of twenty working days).

•    The Bill also removes the power that enables the Minister to make regulations to prescribe activities that require resource consent as being subject to a non-notified consent process, and specify who may be considered an affected person, and subsequently has a right to submit, in respect of an application that is limited notified. These changes are intended to reflect the Government's priority on placing more weight on public participation.

8          Allowing applicants to suspend processing of non-notified resource consent applications:

•    Unlike publicly notified and limited notified resource consents, the RMA does not currently allow applicants to put non-notified resource consents on hold. The Bill enables applicants to have the processing of non-notified resource consent applications suspended for up to twenty working days.

9          Councils can stop the resource consent ‘statutory clock’ if a charge has not been paid:

   The Bill allows consent authorities the ability to 'stop the clock' in relation to the processing of a resource consent while waiting for any fixed administrative charge.

10        Subdivision presumption reversed:

   Currently subdivision is allowed unless it is restricted by a rule in a National Environmental Standard (NES), a plan or proposed plan. The Bill reverts the presumption of subdivision from a permitted activity rule to an activity requiring resource consent, unless it is expressly allowed by a rule in a district plan, or in an NES. The changes will not impact on the operative and the proposed DCC District Plan because both plans require a resource consent to undertake a subdivision.

11        Financial contributions:

   The Bill will continue the option for councils to use financial contributions through resource consents or permitted activity standards under the RMA. These are separate to development contributions, which are provided for by the Local Government Act 2002.

12        Repeal of preclusions on public notification and appeal rights in relation to residential and subdivision activities:

   The Bill removes the preclusion from public notification if the activity is a subdivision of land or a residential activity, where it is a restricted discretionary or discretionary activity. The Bill also amends the restrictions on appeals against decisions relating to subdivisions and residential activities, and the requirement that submitters may appeal only on matters raised in their submission.

13        Procedural Enforcement Changes:

   Increases in maximum infringement fees from $1,000 to $2,000 for natural persons and $4,000 for companies (maximum is currently $1000, are proposed, except for stock exclusion offences, where the maximum is $2000.

14        Role of the Environmental Protection Agency

   The Minister for the Environment has noted that enforcement action across councils is variable. With government funding, the Minister has been creating an enforcement oversight unit to improve the consistency, transparency and effectiveness of council enforcement of RMA rules and decisions. To assist this Unit, the amendments proposed include:

   Providing the EPA with the power to warrant enforcement officers to obtain evidence in the same manner as councils under the RMA

   Authorising the EPA to commence investigation and enforcement action where no local authority is involved, including the ability to require information from a local authority

   Enabling the EPA to intervene and take over the investigations being completed by a Council. The EPA can do so following notification of that Council

   Allowing the EPA to apply to the court for enforcement orders

   Providing the EPA with the ability to issue abatement notices

   Allowing the EPA to recover costs from bringing a prosecution.

OPTIONS

Option One (Recommended Option) Submit on the Resource Management Amendment Bill

 

15        Approve the DCC submission on the Resource Management Amendment Bill, with any suggested amendments, to the Environment Select Committee.

Advantages

·        Enables the Council to express its opinion and to participate further should it decide to.

Disadvantages

·        There are no identified disadvantages for this option.

Option Two – Do not submit on the Management Amendment Bill

16        Do no submit on the Resource Management Amendment Bill.

Advantages

·        There are no identified advantages for this option.

Disadvantages

·        Missed opportunity for the Dunedin City Council to express its opinion on the Resource Management Amendment Bill.

NEXT STEPS

17        If the Council approves the draft submission, it will be sent to the Environment Select Committee for consideration by 7 November 2019.

 

Signatories

Author:

Alan Worthington - Resource Consents Manager

Authoriser:

Nicola Pinfold - Group Manager Community and Planning

Sandy Graham - General Manager City Services

Attachments

 

Title

Page

a

Draft DCC submission on Resource Management Amendment Bill

83

b

Copy of Resource Management Bill

88

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social well-being of communities in the present and for the future.

This decision promotes the economic well-being of communities in the present and for the future.

This decision promotes the environmental well-being of communities in the present and for the future.

This decision promotes the cultural well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

This submission has been made in line with the goals of the Environment Strategy, 3 Water Strategy and the Second Generation District Plan.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known impacts for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications on implementing the Council strategies.

Financial considerations

There are no known financial implications.

Significance

This decision has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

No external engagement was considered necessary.

Engagement - internal

The draft submission has been contributed to by the Resource Consent team, City Development and 3 Waters.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for the community boards.

 

 


Council

30 October 2019

 

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