Download - Council Briefing Agenda - eSCRIBE Meetings
Council Briefing Agenda
Date: Thursday, 3 September, 2020Time: 9:00 am
Location: Council ChamberForum North, Rust AvenueWhangarei
Elected Members: Her Worship the Mayor Sheryl Mai(Chairperson)Cr Gavin BenneyCr Vince CocurulloCr Nicholas ConnopCr Ken CouperCr Tricia CutforthCr Shelley DeemingCr Jayne GolightlyCr Phil HalseCr Greg InnesCr Greg MartinCr Anna MurphyCr Carol PetersCr Simon Reid
For any queries regarding this meeting please contactthe Whangarei District Council on (09) 430-4200.
Pages
1. Apologies
2. Reports
2.1 Draft Mana Wakahono O Rohe Agreement withPatuharakeke Iwi Trust Board
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2.2 2021 - 31 Long Term Plan Levels of Service 21
2.3 Review of the Significance and Engagement Policy 2020 23
3. Closure of Meeting
2.1 Draft Mana Whakahono a Rohe Agreement with Patuharakeke Iwi Trust Board
Meeting: Council Briefing
Date of meeting: 3 September 2020
Reporting officer: Melissa McGrath, District Plan Manager
1 Purpose
To brief Council about the draft Mana Whakahono a Rohe Agreement (MWAR) between Patuharakeke Iwi Trust Broad and Whangarei District Council.
2 Background Subpart 2 of the Resource Management Act 1991(RMA) provides for MWAR: Iwi participation arrangements. Section 58M describes the purpose of MWAR:
The purpose of a Mana Whakahono a Rohe is—
(a) to provide a mechanism for iwi authorities and local authorities to discuss, agree, and
record ways in which tangata whenua may, through their iwi authorities, participate in resource
management and decision-making processes under this Act; and
(b) to assist local authorities to comply with their statutory duties under this Act, including
through the implementation of sections 6(e), 7(a), and 8.
On 22 September 2017 Patuharakeke Iwi Trust Board lodged an application for MWAR in accordance with section 58O of the RMA. Over the last 3 years Council staff and representatives of the trust board have worked to create a draft agreement. This agreement has had legal review by both participants. The agreement (Attachment 1) sets a framework for Patuharakeke Iwi Trust Board participation in the following RMA processes:
Preparation of or change to District Plan
Consultation during proposed plan or plan change
Plan change hearings (including RMA commissioners)
Collaborative and streamlined plan change processes
Resource consents – cultural impact assessments
Monitoring
Development or updating of Hapu Environmental Management Plan
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The agreement includes detailed process for the administration of the MWAR including the provision for review and dispute resolution.
3 Next Steps To consider any feedback from Council, finalise the MWAR and co-ordinate the official signing of the agreement.
4 Attachments
1. Draft Patuharakeke Iwi Trust Broad MWAR August 2020
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Add logos
Mana Whakahono a Rohe
between
Patuharakeke Iwi Trust Board
and
Whāngarei District Council
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This Mana Whakahono a Rohe is made on the day of 2019.
1. The Parties
1.1. The parties to this Mana Whakahono a Rohe (“MWAR”) are:
i. Patuharakeke Iwi Trust Board (“PTB”) as representative of
the hapū Patuharakeke: and
ii. Whāngarei District Council (“Council”) (collectively “the
parties”).
2. Purpose
2.1. The purpose of the MWAR is to provide a mechanism for the parties to
discuss, agree, and record ways in which PTB may participate in resource
management and decision-making processes under the Resource
Management Act 1991 (“the RMA”).
3. Principles underpinning the Relationship
3.1. The parties seek to incrementally achieve an agreed vision, to build an
enduring relationship between the Council and the PTB and to develop
robust partnership arrangements over time through learning
conversations in order to enhance the participation of PTB in RMA
processes.
3.2. Learning conversations of the relationship will be based on the following
key elements:
Te Pae Tawhiti – Vision;
He whenua Rangatira – Whangarei, a District of
prosperity, well-being and empowered communities;
Te Kaupapa - The Mission: Ka tutuki te Kawanatanga a-
rohe, ka puawai hoki te kotahitanga me ona tini kaupapa –
Local Government that works through effective
partnerships and provides practical solutions; and
Ngā Tikanga - Principles.
3.3. The parties will endeavour to achieve the purpose of the MWAR, by
upholding the guiding principles of:
Ngakaupono - Good faith;
Mahi tahi - Effective collaboration;
Noho tahi - Co-operation;
Puataata - Open and transparent sharing of information;
Tino rangatiratanga - Self-determination; and
Tapatahi - Honesty of purpose.
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3.4. The parties acknowledge that participation under this MWAR will require
a commitment to meeting statutory timeframes to achieve an effective
and efficient statutory process.
4. Key Values
4.1. Underpinning the above guiding principles are the following inherent
values that help to guide the relationship including:
Whakapapa The foundational framework for managing
resources is whakapapa. Whakapapa
demonstrates the relationships and inter-
relationships between the various elements of
the world and human beings.
Kaitiakitanga The duty of care, responsibility and
guardianship, exercised over whenua and
toanga tuku iho, in accordance with the tikanga
and kawa of Patuharakeke.
Whanaungatanga Building ongoing positive familial relationships
and maintaining open and positive relationships
with kin.
Manaakitanga The ability to care for and sustain whanau and
manuhiri in accordance with Patuharakeke
tikanga and kawa.
Matauranga The knowledge, comprehension, or
understanding of everything visible and
invisible existing in the universe.
Mana Whenua The right to exercise customary authority in an
identified rohe and the resources therein.
Mauri Protection of the ‘life force’ contained in all
places, species, minerals, ecosystems in our
rohe. It can also be misunderstood as a
measure of the health and vitality of those
elements.
Tikanga To retain the traditions of our tupuna in all
operations.
He kitenga
mutunga kore,
mahi tahi and
mahi pono.
Strategic partnership and working
collaboratively in good faith.
Kia maia Providing leadership through courage.
Te Manawatopu Of one heart and mind - we are stronger
working together.
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Anga Mua Being both progressive and proactive.
Me Korero, tau
noa nga take
Open and frank mutually agreed outcomes.
5. Reviewing the MWAR
5.1. The parties agree that:
a. The MWAR will be reviewed every 2 years after its execution or
earlier by mutual agreement of the parties;
b. The review will be undertaken jointly by Council and PTB;
c. A report of the findings from the review will be formally presented
at a hui-a-hapu of Patuharakeke no later than 30 working days
after completion of the review process.
6. Scope of the Review
6.1. The parties will review the effectiveness of the MWAR, within the scope
of the purpose and guiding principles as set out above.
7. The Review Process
7.1. When a review process is initiated, the parties will respectively review
their own policies and processes to ensure that they are consistent with
the MWAR.
7.2. As part of the review process the parties will seek to identify the
following:
a. Issues that have arisen over the period prior to review; and
b. Whether any of the functions, powers or duties of Council may be
transferred to PTB under s.33 of the RMA and in accordance with
s.83 of the Local Government Act (“the LGA”) in order to fulfil the
purpose of the MWAR.
7.3. The parties will meet to discuss any issues or matters are identified in
sections 7.2(a) and 7.2(b) and recommend either:
a. The continuation of the MWAR with no changes; or
b. Amendments to the MWAR.
7.4. Any changes deemed necessary from the review following a
recommendation shall be formally ratified by PTB and Council.
7.5. The review will be resourced by each party respectively.
8. Preparation of or change to a District Plan
8.1. Council will notify PTB at the earliest opportunity of its intention to
prepare a change to the district plan.
8.2. The parties will agree a process for participation by PTB in the
preparation of or change to a district plan, including the use of any of
the pre-notification standard form (Part 1 and 2), collaborative (Part 4),
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or streamlined (Part 5) planning processes under Schedule 1 of the RMA
to the extent that the plan change effects PTB and the rohe of
Patuharakeke.
8.3. As part of the plan change pre-consultation process Council will provide
PTB with a copy of any draft changes to the district plan outlining the
extent to which changes may affect the Patuharakeke Hapu
Environmental Management Plan 2014 or any hapu environmental
management plan in substitution (“HEMP”).
8.4. The PTB may provide submissions to Council detailing areas of concern
arising from the draft changes to district plan or interpretation of the
effect any draft changes may have on the HEMP, within 40 working days
from receipt of the draft plan change.
8.5. Council will take into account the HEMP and submissions that PTB make
in the plan development phase and actively engage PTB in the plan or
plan change development to ensure greater participation by PTB at an
early stage and consider any environmental, economic, social and
cultural effects anticipated from the implementation of the plan or plan
change on PTB.
8.6. Council in taking into account the HEMP and submissions of PTB in
relation to the plan or plan change development will include summaries
of:
a. advice received from PTB in the draft plan or plan change;
and
b. how the proposal responds to that advice, including reference
to any proposed provisions that are intended to give effect
to the advice.
9. Consultation
9.1. During the preparation of a proposed plan or plan change, Council will
consult with PTB at the earliest opportunity of the Plan Change process.
9.2. The consultation with PTB is to be within the principles conferred by
section 82LGA.
9.3. Where Council appoints 1 or more hearings commissioners to exercise a
delegated power to conduct a hearing under Schedule 1, the Council will
consult PTB on whether it is appropriate to appoint a commissioner with
knowledge and understanding of tikanga Maori. Where PTB considers it
is appropriate, Council may appoint a commissioner with that knowledge
and understanding.
10. Hearing of submissions to the District Plan or Plan Changes
10.1. Upon the recommendation of PTB, where hearing topics cover cultural
matters or matters of significance to Patuharakeke, and at the
recommendation and guidance of PTB, hearings may be held on a
marae.
11. District Plan or Plan Change Collaborative Planning Process
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11.1. The parties agree that where a draft plan or proposed plan change is to
take place, Council will seek the views of PTB as to whether a
collaborative planning process is to be used.
11.2. If it is decided that a collaborative planning process is to be used, Council
will engage with PTB to facilitate the appointment of a representative
from PTB on to the group in addition to any other person chosen by iwi
authorities to represent the views of tangata whenua.
11.3. Where a collaborative group is formed, it will provide a consensus report
to Council setting the relevant matters in accordance with Schedule 1,
Part 4, Clause 44(2) of the RMA. A copy of the consensus report will
also be made available to PTB. Council will allow a reasonable period of
time for the PTB to comment.
12. District Plan or Plan Change Streamlined Planning Process
12.1. Where Council is considering using a streamlined approach, the parties
agree that prior to applying to the Minister for a direction under section
80C of the RMA to use the streamlined planning process, Council will:
a. Engage with PTB when preparing a streamlined planning
process application, including a proposed plan, change or
variation; and
b. Consider any process recommendations from PTB; and
c. Include the implications of using the process on this MWAR.
13. Resource Consents
13.1 Where a resource consent application is made that is not publicly notified
and falls within the PTB rohe, Council will consider whether to engage
with PTB as a potentially affected person and whether it should give at
least limited notification of the application subject always to Council
complying with the statutory requirements of the RMA.
13.2 Council will provide PTB with electronic copies of all publicly notified
resource consent applications that relate to the Patuharakeke rohe
within 5 working days of determining its processing status to enable PTB
where PTB determines so, to make a submission within the 20-working
daytime limit subject always to Council complying with the statutory
requirements of the RMA.
Cultural Impact Assessments
13.3 Where the Council identifies effects that are minor or more than minor
and the application is publicly notified within the rohe of PTB , Council
will seek the view of PTB as to whether PTB wishes to provide a Cultural
Impact Assessment (“CIA”).
13.4 The parties acknowledge that a CIA may assist with the following:
a. preparation of an Assessment of Environmental Effects in
accordance with s88(2)(b) and Schedule 4 of the RMA;
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b. requests for further information under s92 of the RMA in
order to assess the application;
c. providing information to assist the council in determining
notification status under ss95 to 95F of the RMA;
d. providing information to enable appropriate consideration of
the relevant Part 2 matters when making a decision on an
application for resource consent under s104 of the RMA;
e. consideration of appropriate conditions of resource consent
under s108 of the RMA.
Electronic Portal
13.5 Council will work towards an electronic information source or portal to
enable PTB efficient access to data.
14. Hearings
14.1 Council will provide for Tikanga Maori where appropriate prior, during,
and post hearings that relate to matters involving and affecting PTB.
14.2 Where evidence is written or spoken in te reo, Council will bear the cost
of interpreting evidence provided and received in te reo and interpreting
unfamiliar concepts relating to tikanga Maori.
14.3 In the event that there are issues or matters relating to evidence of PTB
or tikanga, or when it is appropriate the parties will consider whether to
hold the hearing on marae. Council and PTB may agree on the location
of this marae prior to the hearing and give appropriate notice to parties
and the public.
15. RMA Commissioners
15.1 When Council appoints hearing panels to hear submissions on and to
determine plan changes the panel may consist of independent hearing
commissioners, councillors, or both.
15.2 Council will consult with PTB to enquire about the appropriateness of
appointing a commissioner with an understanding of tikanga Maori and
of the perspectives of local hapu, when processing a resource consent
application within the Patuharakeke Rohe that requires a hearing.
15.3 Council will give consideration to appointing a commissioner with an
understanding of tikanga Maori and of the perspectives of local hapu to
all plan change hearing panels.
15.4 Council will financially assist hapu members who have the relevant
expertise to complete the Making Good Decisions commissioner training
course.
16. Receipt of decisions
16.1 The parties agree that any decision made by a Council hearing panel will
be sent directly to the PTB secretary.
16.2 Upon receipt of the decision Council acknowledges that PTB may lodge
an appeal within the statutory timeframe to that decision or participate,
if it has status, as an interested party to an appeal.
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17. Monitoring Methods
17.1 Council agrees to engage with PTB in regard to monitoring methods as
set out under section 30 of the RMA. For the purpose of monitoring
methods being properly implemented, PTB will be given reasonable time
to consolidate their opinion on the proposed methods.
17.2 PTB will cooperate with Council in monitoring methods to ensure the
methods are robust. This will be achieved through regular consultation
when a monitoring method is in dispute or has been raised.
17.3 PTB will prioritise the importance as hapu to determine methods to
measure the state, changes and rate of the evolving environment.
17.4 Council will incorporate the Matauranga of Patuharakeke into the
selected monitoring method. Matauranga of Patuharakeke must be
acknowledged, protected and utilised in the context of monitoring
methods and given weight through consultation with both Council and
PTB. The intellectual and cultural property rights associated with that
knowledge will be respected and protected by both parties.
17.5 Council will facilitate and support PTB to use their cultural indicators
methodologies for compliance monitoring and state of the environment
monitoring.
17.6 Council will give PTB reasonable opportunities to share information,
reports, activities and learning that may have effect on the proposed
monitoring methods.
17.7 Where environmental damage has occurred because of non-compliance,
and a site of significance to Patuharakeke has been affected, Council will
set out processes for PTB as tangata whenua to be involved in the initial
inspection of the area affected.
17.8 The parties will work together (and with any other party) to remedy and
restore any area so affected including next steps to minimise further
non-compliance.
17.9 Monitoring methods for any such site (where consent is granted) within
the rohe at PTB will take into account recommendations set out in any
CIA completed during the resource consent application process.
17.10 To achieve an effective monitoring plan, Council and PTB must take all
practicable steps to use timely, efficient, consistent, and cost-effective
processes that are proportionate to the establishment of this MWAR and
proposed plan.
18. Treaty Settlement Legislation
18.1 Where PTB executes Treaty settlement legislation, Council will comply
with its statutory duties under the RMA and any hapu/iwi participation
legislation.
19. Conflict of Interest
19.1. The parties agree to identify conflicts of interest at the earliest possible
opportunity and bring them to the attention of the other party.
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19.2. In determining whether there is a conflict of interest, the parties agree
that all relevant factors must be considered in a timely manner. The
parties will assess:
I. The seriousness of the conflict of interest; and
II. The range of possible mitigation options.
19.3. In the event both parties agree to formally waive the identified conflict
of interest and allow an exemption to participate, the person who is the
subject of the conflict of interest may continue to exercise their role
notwithstanding the conflict of interest being declared.
20. Dispute Resolution
20.1. Where any dispute or matter of contention may arise in relation to this
MWAR and the relationship formed between the parties, the parties
agree to act in accordance with the principles of the relationship as set
out in this MWAR and with a mind to preserve the ongoing relationship
and in good faith.
20.2. In the first instance, the Council and PTB will use their best efforts to
informally resolve disputes and or matters of contention arising from
this MWAR with an open and ongoing discussion and negotiation.
20.3. At any time one party may contact the other seeking explanation,
clarification or dialogue on any matter concerning the implementation
of this MWAR. Should such correspondence be undertaken:
a. A response will be made to the relevant party within 10
working days.
b. If matters remain in dispute or contention following that
exchange, a meeting of appropriate representatives shall be
convened within 10 working days of receiving a request for a
meeting.
c. If matters remain in dispute or contention following that
meeting, the parties will identify possible implementation
requirements and raise them as issues.
20.4. Where a dispute is not able to be resolved in the first instance, an
independent mediation process may be sought by one or both of the
parties as an appropriate course of action to uphold good faith and
achieve a beneficial discussion free from personal matters or opinions.
20.5. Either party may appoint a suitably qualified mediator from LEADR NZ
(Leading Edge Alternative Dispute Resolvers) or AMINZ (Arbitrators &
Mediators Institute of New Zealand) to facilitate the resolution of the
matter of contention. Where the parties agree to involve a qualified
mediator, the mediator must also be knowledgeable in Tikanga Maori
and Kawa for the purposes of assisting conciliation, mediation and
facilitation.
20.6. If one party compels another to enter into these resolution processes,
the other must agree to participate to the request.
20.7. Where experts (such as lawyers, scientists, engineers etc) are needed
to help the parties resolve complex issues, Council and PTB will agree to
involve the appropriate expert.
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20.8. Council and PTB agree to allow legal representation to attend (when
necessary) mediation. Notice of legal counsel attendance must be given
to the respective parties.
20.9. The parties acknowledge and will abide by the requirement for
effectiveness and efficiency in delivering resource management
decisions. Any conflict or dispute resolution process shall not be
incompatible with Council’s duty to efficiently and effectively process
resource management consents.
20.10. The burden of costs (including for experts (noted above in 20.7) must
be met (separately) by the parties.
20.11. The dispute resolution process in the above clauses must be followed
and are in principle available on equal basis to any party. Any resolution
of dispute must be recorded and any new and agreed terms added to
this MWAR.
20.12. Where dispute resolution is instigated, Council will not suspend
commencing, continuing or completing any process under the RMA while
the dispute resolution process is in contemplation or progress.
21. Developing or Updating the Hapu Environmental Management Plan
21.1. As a central document to this MWAR and the relationship, PTB will ensure
the HEMP is up to date and accurately addresses matters of resource
management under the RMA.
21.2. Council will support PTB in maintaining an up to date draft of the HEMP
and will assist in funding the development or updating of the HEMP in
circumstances where updates are as a result of significant amendments
to the RMA, the L,GA or any other associated legislation.
21.3. Council support of HEMP development may include wananga or
workshops with HEMP drafters to discuss recent changes and/or updates
to legislation and policies that may affect the HEMP.
21.4. If Council staff require wananga or workshops (including induction
workshops) on how to understand the PTB HEMP implementation, this is
to be arranged in a timely and effective manner with PTB
representatives.
22. Transfer of Powers
22.1. PTB may seek to invoke section 33 of the RMA, Transfer of Powers
process subject to a complete due diligence process to assess the
viability of any proposed transfer.
22.2. PTB will advise Council at the earliest opportunity of its intention to
initiate a section 33 process and will work together with Council to
formulate a terms of reference for the parties to work collaboratively.
23. Working Collectively
23.1. Where any other MWAR is developed between Council and another iwi
authority, PTB will endeavour to work collectively with Council and the
other iwi authority to achieve mutual agreement on any matters that
affect the parties.
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23.2. To that extent, the parties will work collectively and in accordance with
their respective tikanga and kawa to inform each other of the gazetted
rohe moana and mana whenua of Patuharakeke particularly in the area
of Poupouwhenua.
24. Attestation
24.1. This MWAR is freely entered into by both parties in the spirit of good
faith and with the intention of creating a meaningful long-term
partnership.
24.2. Authorised representatives of PTB and Council sign this document as
verification of each party’s commitment to this MWAR.
25. Statutory Review
25.1. On the sixth anniversary of the signing of this MWAR and on each sixth
anniversary thereafter the parties shall jointly review the effectiveness
of the MWAR having regard to the purpose and guiding principles of
MWAR as set out in Sections 58M and 58N of the RMA.
26. Statutory Compliance
26.1. Notwithstanding anything herein recorded nothing in this MWAR shall be
interpreted or read as requiring Council to act in a manner contrary to
the provisions of the RMA.
27. Interpretation
27.1. Defined Expressions: expressions defined in clause 4.1 of this MWAR
have that meaning throughout the whole of this MWAR background;
27.2. Gender: words importing one gender will include the other genders;
27.3. Headings: section, clause and other headings are for ease of reference
only and will not affect interpretation;
27.4. Negative Obligations: any obligation not to do anything will include
an obligation not to suffer, permit or cause that thing to be done;
27.5. Parties: references to parties are references to parties to this MWAR;
27.6. Persons: references to persons will include references to individuals,
companies, corporations, partnerships, firms, joint ventures,
associations, trusts, organisations, governmental or other regulatory
bodies or authorities or other entities in each case whether or not having
separate legal personality;
27.7. Plural and Singular: words importing the singular number will include
the plural and vice versa;
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27.8. Appendices: the appendices to this MWAR and the provisions and
conditions contained in these appendices will have the same effect as if
set out in the body of this MWAR;
27.9. Sections, Clauses and Schedules: references to sections, clauses and
schedules are references to this MWAR’s sections, clauses and
schedules;
27.10. Statutes and Regulations: references to any statutory provision will
include any statutory provision which amends or replaces it, and any
subordinate legislation made under it.
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Execution SIGNED BY Ani Pitman as Trustee of Patuharakeke Te Iwi Trust Board
In the presence of:
Signature of witness: __________________
Name:
______________________________
Occupation:
__________________________
Address:
_____________________________
SIGNED BY Gilbert Paki as Trustee of Patuharakeke Te Iwi Trust Board
In the presence of: Signature of witness: __________________
Name: ______________________________
Occupation: __________________________
Address: _____________________________
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SIGNED BY Guy Gudex as Trustee of Patuharakeke Te Iwi Trust Board
In the presence of:
Signature of witness: __________________
Name: ______________________________
Occupation: __________________________
Address: _____________________________
SIGNED BY Juliane Chetham as Trustee of Patuharakeke Te Iwi Trust
Board In the presence of:
Signature of witness: __________________
Name: ______________________________
Occupation: __________________________
Address: _____________________________
SIGNED BY Deborah Harding as Trustee of Patuharakeke Te Iwi Trust
Board In the presence of:
Signature of witness: __________________
Name: ______________________________
Occupation: __________________________
Address: _____________________________
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SIGNED BY Joanne Hammon as Trustee of Patuharakeke Te Iwi Trust Board
In the presence of:
Signature of witness: __________________
Name: ______________________________
Occupation: __________________________
Address: _____________________________
SIGNED BY as of the Whangarei District Council In the presence of:
Signature of witness: __________________
Name: ______________________________
Occupation: __________________________
Address: _____________________________
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APPENDIX 1
Plan Change Consultation with Hapu– Standard Process
Key milestones in Plan Changes
(“PC”) process
Point of contact with Hapu and
Iwi
Issue identified, draft provisions /mapping prepared, s32 evaluation
commenced
Internal the Council staff review of draft PC
Draft PC presented to Council via
scoping
Pre-notification consultation of PC (6 week minimum) opportunity for public
feedback
Draft PC presented to Te Karearea and if requested Te Huinga
Draft PC posted to all hapu and iwi contacts with offers to meet/discuss concerns and
potential feedback
Draft PC reviewed and changed considering feedback
Proposed PC presented to Council for
adoption for formal notification
PC formally notified, 20 working day minimum notification period
Proposed PC posted to all hapu and iwi contacts, with offers to meet
and discuss potential submissions
Submissions received and summarised
Summary of submissions notified, 10 working day minimum notification
period. Summary is served directed to all submitters and any party directly
affected by zoning requests
Hapu who make formal submission included in correspondence
Pre-hearing meetings, will be held
where early resolution or clarification of submissions will result in positive
outcomes
Hapu who make formal submission
included in pre-hearing meetings
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S42A hearing report drafted Technical reporting may be
required to support recommendations. E.g. CIA
assessment.
If submissions raise issues directly
relating to tangata whenua, staff may approach hapu to discuss
Hearing panel – commissioner appointment
Where a hearing is focused upon a key issue for tangata whenua e.g.
Papakainga, a commissioner with suitable experience in tangata
whenua matters is to be considered to be appointed to the panel
Hearing meeting Hapu who make formal submission
may speak at the hearing
Hearing panel deliberates, makes recommendation to Council
Council decision on plan change is
publicly notified
PC decision notice is posted to all
hapu and iwi contacts, all formal submitters
Appeal period open for 30 working days Hapu who make formal submission
may lodge an appeal with the Environment Court or may join an appeal as a s274 party
Appeal mediation/Environment Court
Hearing
Hapu who lodge an appeal or join
as a s274 party will be involved with mediation/court hearing
Operative Decision PC Operative date notice to all hapu
and iwi contacts, all formal submitters
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2.2 2021 – 31 Long Term Plan Levels of Service and Community outcomes
Meeting: Council Briefing
Date of meeting: 3 September 2020
Reporting officer: Tony Horton – Strategy Manager
1 Purpose
The purpose of the meeting is to discuss and get feedback on the following:
- Levels of service for the LTP - Report back on community outcomes
2 Discussion
2.1 Levels of service
Linked to the discussions on Council priorities, are the levels of service we set in our Long Term Plan (LTP). The levels of service (LoS), and the performance measures we associate with them, cover all of the main activities undertaken by Council. Each LTP we review LoS and then report on how we have performed against them in our Annual Report.
Some LoS and performance measures are mandatory and are set by central government. We are therefore unable to change these. Examples, include:
We provide safe, high-quality drinking water to all our customers.
2.1.4 The extent to which the local authority’s drinking water supply complies with:
(a) part 4 of the drinking-water standards (bacteria compliance criteria) and
(b) part 5 of the drinking-water standards (protozoal compliance criteria).
However, there are a number of LoS and performance measures across the business which Council has historically decided to focus on which could changed be if Council choses to increase or decrease service levels.
Leading up to this briefing, staff have reviewed the existing measures against past performance, ease of measurements, alignment with strategic outcomes and (where relevant) the direction of the asset management plans and infrastructure strategy.
Minor changes have been made to a number of measures to improve the ease of measurement and reporting.
Some areas are proposing a decrease in service levels and some a slight increase. These changes will be discussed with elected members at briefing.
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2.2 Community outcomes
Feedback from elected members on the briefing 25 August 2020 was to look at minor changes to the existing Community Outcomes to incorporate:
- Waste minimisation - Cultural wellbeing - Housing
Changes that could provide for this will be worked through for feedback from elected members in this Briefing.
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2.3 Review of the Significance and Engagement Policy
Meeting: Council Briefing
Date of meeting: 3 September 2020
Reporting officer: Tracey Schiebli (Manager Democracy and Assurance)
1 Purpose
To seek feedback from elected members on the current Significance and Engagement Policy.
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2 Background
Under the Local Government Act 2002 (LGA), every local authority must have a Significance and Engagement Policy (SEP). The policy is reviewed as part of the LTP process.
The purpose of the SEP is to provide councils with guidance on the significance of decisions, and the engagement that may be appropriate. It is also to ensure that council decision-making is transparent and fair.
The LGA is specific about how council conducts consultation processes, to ensure the public have their say about significant issues that may affect them.
Section 76AA (2) of the LGA 2002 states the purpose of the policy is:
(a) to enable the local authority and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities; and
(b) to provide clarity about how and when communities can expect to be engaged in decisions about different issues, assets, or other matters; and
(c) to inform the local authority from the beginning of a decision-making process about
(i) the extent of any public engagement that is expected before a decision is made; and
(ii) the form or type of engagement required.
The SEP must also list the assets considered to be strategic assets; those vital for delivering services to Whangarei.
Under Council’s current policy, except for emergency works, a decision is considered significant if Council determines that two or more of the criteria under the policy are triggered.
Council adopted the current Significance and Engagement policy on 28 September 2017. A copy is included as Attachment One.
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Improvements made through the last review of the policy included; making it clearer so the community can understand it, being more consistent with terminology, making it more user friendly, and being clearer on Māori engagement.
3 Discussion
3.1 How the SEP is used
Since 2014 Council reports have included a statement on significance and engagement. This is to provide clarity to elected members, and the public, about how the significance of the decision has been considered, and how this has influenced the approach to engagement.
Determining significance includes an element of subjectivity, however, we expect staff to be conservative in this determination. Council ultimately determine this via its decision making.
Council always has the ability to consult where it deems it appropriate. An example of where Council decided to consult due to public interest in the topic was the development of commercial options on Pohe Island in 2015.
3.2 Possible areas for review
A presentation will be provided at the briefing to take elected members through the possible areas for review, as follows:
LGA requirements
The current SEP provides all the elements required by the LGA. General approach to determining significance (SEP page 3)
The principles we consider when determining significance
Determining whether a special consultative procedure is required
Commitment to considering decisions on a case by case basis
Engaging with Maori
Criteria (SEP page 4)
Except for emergency works, a decision is considered significant if two or more of the criteria are triggered.
For an annual plan, must also consider ‘materiality’ under the LGA.
Implementation (SEP page 4)
Outlines the process depending on whether a decision is determined to be significant. Appendix 1 – Strategic Assets (SEP page 5)
Those vital to delivering services to Whangarei (considered as whole networks because it is the asset class as a whole that delivers the service).
Appendix 2 – Community Engagement Guide (SEP pages 6-8)
Sets out the International Association for Public Participation (IAP2) spectrum for types and levels of community engagement.
Other considerations
Is the policy easy to understand?
Do the branding and graphics represent Council in 2020?
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3.3 Options following feedback from elected members
Depending on the feedback received there are three possible options:
1. No feedback of note received so the policy does not need to be reviewed
2. Feedback received which the Council determines as minor. This means that if the council is satisfied that on reasonable grounds that it has sufficient information about community interests and preferences to enable the purpose of the policy to be achieved, consultation on the policy is not required. In this situation, staff will take the feedback, alter the policy and present it to Council for a formal decision
3. In-depth feedback received. Staff will conduct a review based on the feedback.
There are two possibilities in this option:
i. Council could determine that it has sufficient information about community interests and preferences to enable the purpose of the policy to be achieved, and adopt the policy as in option two above, or
ii. Council could decide to adopt the policy for formal consultation through the LTP process.
4 Attachments
1. 2017 Significance and Engagement Policy
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2 0 1 7 SIGNIFICANCE & ENGAGEMENT
POLICY
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2 2017SignificanceandEngagementPolicy
CONTENTSCONTEXT 2
ENGAGING OUR COMMUNITIES 3
DETERMINING SIGNIFICANCE 4
IMPLEMENTATION 4
APPENDIX 1 - STRATEGIC ASSETS 5
APPENDIX 2 – COMMUNITY ENGAGEMENT GUIDE 6
Community engagement 6
Formal engagement 7
Other forms of engagement 8
Engagement tools and techniques 9
APPENDIX 3 - DEFINITIONS 9
Community 9
Consultation 9
Decisions 9
Emergency Works 9
Engagement 9
Significance 9
Strategic Asset 9
CONTEXTSometimes the way we engage with you is set by legislation, and there are many steps to follow, and sometimes we can choose This policy guides what we do and the decisions we make
Our Significance and Engagement Policy:
• Identifies how and when communities can expect to be engaged in, or specifically consulted on, decisions about issues, proposals, assets, decisions and activities
• Enables us and our communities to identify the significance that we place on certain issues, proposals, assets, decisions and activities
This policy outlines how we involve our community in our decision making.
Engaging with our community and
getting your feedback is an essential part of our
work.
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ENGAGING OUR COMMUNITIESEngaging with the community is essential to understanding the views and preferences of people likely to be affected by, or who have an interest in, an issue We will consider significance and engagement in the early stages of a proposal before decision-making occurs and, if necessary, reconsider it as a proposal develops
On every issue requiring a decision, the degree of significance will be considered using this policy
We consider the following principles:
• the potential effect on delivering on Council’s direction
• who is likely to be particularly affected by, or interested in, the decision or proposal
• the likely impact/consequences of the decision or proposal from the perspective of those parties
• the financial and non-financial costs and implications of the decision or proposal, taking into account Council’s capacity to perform its role
For certain matters (regardless of whether they are considered significant as part of this policy), we are required to undertake a Special Consultative Procedure as set out in section 83 of the Local Government Act (LGA), or to carry out consultation in accordance with or giving effect to section 82 of the LGA We show these in the formal engagement part of this policy
For all other issues requiring a decision, we will determine the appropriate level of engagement on a case by case basis
In general, the more significant an issue, the greater the need for community engagement
The Community Engagement Guide (attached) identifies the form of engagement we will use to respond to some specific issues It also provides examples of types of issues and how and when communities could expect to be engaged with
Differing levels of engagement may be required during the varying phases of decision-making on an issue, and for different stakeholders
When engaging with Mäori, we will reflect high level agreements already in place such as Joint Management Agreements, Memorandum of Understanding or others such as the Te Kärearea Strategic Relationship Agreement, as starting points We recognise the various Hapu throughout our District, and we will also engage with Te Huinga and the broader Hapu groups where this is needed
For every decision that Council makes we need to work out how important, or significant, it is for our community We look at a number of factors including who is affected by, or interested in the decision, what the costs will be and how important it is for Council together with our community
These factors help us work out the best way to engage with our community on the issue Do we
need to just tell you it’s happening? Do we need to ask your opinion on what we are planning to do? Or do we need to involve you every step of the way
Sometimes the way we engage with you is set by legislation, and there are many steps to follow, sometimes we can choose This policy guides what we do and the decisions we make
In some situations we must formally consult with you using a
Special Consultative Procedure (SCP) – things like some bylaws and statutory
planning documents like the Long Term Plan must use a SCP. The process for this is set
by the Local Government Act, which governs everything we do.
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DETERMINING SIGNIFICANCETo understand an issue’s degree of significance, we will apply the following criteria Except for emergency works, a decision is considered significant if Council determines that two or more of these criteria / measures are triggered:
Impact on Council’s direction Major and long-term
Change in Council’s current level of service Major and long-term
Level of public impact and/or interest
Major and district-wide, or
Major for an identified community of interest
Impact on Council’s capability (non-cost) Major and long-term
Net financial cost/revenue of implementation, excluding any financial impact already included in a Long-Term Plan / Annual Plan
Net capital expenditure >10% of total rates in year commenced, and/or
Net operating expenditure >2 5% of total rates in year commenced
IMPLEMENTATIONWhen any issue requiring a decision does not have a high degree of significance:
• the decision will be made by Council or a Committee, Elected Member or Staff Member with delegated authority
• where the decision is made by Council or a Committee, a report will include an assessment of the degree of significance of the issue and note any engagement proposed Broadly, the amount and form of engagement will be expected to be in proportion to the significance of the issue, although other relevant factors including the nature and circumstances of the decision need to be considered (refer to section 79 of the LGA)
• where the decision is made by an Elected Member or Staff Member acting under delegated authority, it will not be necessary to formally document the assessment of significance or engagement, as these matters are likely to be of low significance
When any issue requiring a decision is determined as having a high degree of significance:
• a report to Council will include an assessment of the degree of significance of the issue, the degree of engagement proposed, the engagement plan proposed and a recommendation
• the decision will be made by Council
When Council makes a decision that is significantly inconsistent with this policy, the steps identified in section 80 of the LGA will be undertaken
For an issue to be considered significant it
must trigger two or more of these criteria
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APPENDIX 1 - STRATEGIC ASSETSOur strategic assets are those vital for delivering services to Whangarei We consider them as whole networks because it is the asset class as a whole that delivers the service Therefore, we will treat them as strategic assets only where a decision affects the whole of the assets in the particular group, or it would materially alter the nature of that group The LGA also determines that shares in a port/airport company and assets required to provide affordable housing as part of Council’s social policy are strategic
The following is our list of strategic assets (list of assets or group of assets):
• Council’s interest in a joint venture with the Crown for the Whangarei District Airport
• 50% interest in the Northland Regional Landfill Limited Partnership
• Pensioner housing
• Transportation and traffic network including footpaths, street lighting and parking, but excluding land sale/purchases
• Wastewater network and treatment plant(s)
• Water treatment, storage and supply network
• Stormwater network
• Reserves and sportsfields (including Toll Stadium)
• Forum North complex
• Hikurangi Swamp drainage scheme
• Libraries
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APPENDIX 2 – COMMUNITY ENGAGEMENT GUIDECommunity engagement• Is a process
• Involves all or some of the public
• Is focused on decision-making or problem-solving
The International Association for Public Participation (IAP2) has developed a Public Participation Spectrum, shown below, to demonstrate the possible types of community engagement
This model also shows the increasing level of public impact as you progress through the spectrum from left to right – i e ‘inform’ through to ‘empower’ In simply ‘informing’ stakeholders there is no expectation of receiving feedback, and consequently there is a low level of public impact At the other end of the spectrum, ‘empowering’ stakeholders to make decisions implies an increase in expectations and therefore an increased level of public impact
It will not always be appropriate or practical to conduct processes at the ‘collaborate’ or ‘empower’ end of the spectrum Many minor issues will not warrant such an involved approach Time and money may also limit what is possible on some occasions It is expected that the vast majority of matters will fall within the ‘inform’, ‘consult’ to ‘involve’ range There are limited statutory situations which fall within the ‘empower’ range
In general, the more significant an issue, the greater the need for community engagement
Inform Consult Involve
Level of engagement
Collaborate Empower
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Formal engagement We will use the Special Consultative Procedure (section 83 of the LGA) where required to We will use an SCP for the following decisions:
• adoption or amendment of a Long-Term Plan (in accordance with section 93 A of the LGA) Unless already provided for in the LTP, we will also use the SCP to;
» alter significantly the intended level of service provision for any core service undertaken by or on behalf of Council, including commencing or ceasing such an activity; or
» transfer the ownership or control of strategic assets, as listed in Appendix 1
• adoption, amendment, or revocation of bylaws if required under section 156(1)(a) of the LGA
• adoption, amendment or revocation of a Local Alcohol Policy
• adoption or review of a Local Approved Products (Psychoactive Substances) Policy
• adoption or review of a Class 4 Venue Policy under the Gambling Act 2003
• preparation, amendment or revocation of a waste management and minimisation plan
• adoption of fees and charges where specifically required to use a SCP under relevant legislation (for example, fees and charges under the Resource Management Act 1991)
We will consult in accordance with, or use a process or a manner that gives effect to the requirements of, section 82 of the LGA where required to do so, including for the following specific issues:
• adopting or amending the annual plan if required under section 95 of the LGA
• adopting,amending or revoking a bylaw if required under section 156(1)(b) of the LGA
• transferring responsibilities to another local authority under section 17 of the LGA
• establishing or becoming a shareholder in a Council-controlled organisation
• adopting or amending a Significance and Engagement Policy where Council considers that it does not have sufficient information about community interests and preferences to enable the purpose of the policy to be achieved
• adopting or amending a Revenue and Financing Policy, Development Contributions Policy, Financial Contributions Policy, Rates Remission Policy, Rates Postponement Policy, or a Policy on the Remission or Postponement of Rate on Mäori freehold land
In some situations we have to follow set
processes and procedures when we consult with you.
These are outlined here.
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Other forms of engagementThe following table provides an example of the differing levels of engagement that might be considered appropriate for all other issues It includes the types of tools associated with each level and the timing generally associated with these types of decisions / levels of engagement
LEVEL INFORM CONSULT INVOLVE COLLABORATE EMPOWER
What does it involve
One-way communication providing balanced and objective information to assist understanding about something that is going to happen or has happened
Two-way communications designed to obtain public feedback about ideas on rationale, alternatives and proposals to inform decision-making
Participatory process designed to help identify issues and views to ensure that concerns and aspirations are understood and considered prior to decision-making
Working together to develop understanding of all issues and interests to work out alternatives and identify preferred solutions
The final decision-making is in the hands of the public Under the LGA, the Mayor and Councillors are elected to make decisions on behalf of their constituents
Types of issues that we might use this for
Water restrictions
Rates Review District Plan Harbour Management Plan
Electoral voting or a proposed change in systems (i e to STV or Mäori seats)
Tools Council might use
Website
Radio
Council News
Formal/informal submissions and hearings
Focus and/or Advisory groups
Public meetings
Phone surveys/surveys/ priority polls
Inviting feedback through social media and website
Workshops
Focus and/or Advisory groups
Face-to-face, one-on-one
Public meetings
External working groups (involving community experts)
Binding referendum
Local body elections
When the community can expect to be involved
We would generally advise the community once a decision is made
We would advise the community once a draft decision is made by Council and would generally provide the community with up to four weeks to participate and respond Where desirable to meet the needs of affected parties or groups, and possible within timeframes available, Council may consider extending this period
We would generally provide the community with a greater lead in time to allow them time to be involved in the process
We would generally involve the community at the start to scope the issue, again after information has been collected and again when options are being considered
We would generally provide the community with a greater lead in time to allow them time to be involved in the process e g typically a month or more
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Engagement tools and techniquesOver the time of decision-making, we may use a variety of engagement techniques and the tools may be adapted based on a range of other factors, including history and public awareness of the issue, stakeholder involvement, and timing related to other events and budgets We will also take into
consideration that the community can feel “over consulted” (stop asking us what we think and get on with it) Each situation will be addressed according to both the issue, the phase of decision-making and the individual circumstances
APPENDIX 3 - DEFINITIONSCommunityA group of people living in the same place or having a particular characteristic in common
ConsultationTalking to you and getting your feedback in a formal wayA process of informing the community and seeking information or feedback to inform and assist decision-making Consultation is a formal type of “engagement”, and is often prescribed by legislation and time bound
DecisionsRefers to all of the decisions made by or on behalf of Council including those made by staff under delegation
Emergency WorksWork undertaken to repair and restore Council infrastructure and services following natural events or disasters
EngagementTalking to you and getting your feedbackEngagement is a process which involves all or some of the community and is focused on better understanding views and preferences relevant to Council’s decision-making or problem-solving There is a continuum of engagement
SignificanceHow important is it?Legislatively defined by the Local Government Act 2002 (LGA)
“means the degree of importance of the issue, proposal, decision, or matter, as assessed by the local authority, in terms of its likely impact on, and likely consequences for,—
a) the district or region:b) any persons who are likely to be particularly
affected by, or interested in, the issue, proposal, decision, or matter:
c) the capacity of the local authority to perform its role, and the financial and other costs of doing so ”
Strategic AssetAssets that are essential to our community well-being“means an asset or group of assets that the local authority needs to retain if it is to maintain its capacity to achieve or promote any outcome that it determines to be important to the current or future well-being of the community; and includes—
d) any asset or group of assets listed in accordance with section 76 AA (3) by the local authority; and
e) any land or building owned by the local authority and required to maintain the local authority’s capacity to provide affordable housing as part of its social policy; and
f) any equity securities held by the local authority in—
(i) a port company within the meaning of the Port Companies Act 1988:
(ii) an airport company within the meaning of the Airport Authorities Act 1966”
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Version 1: September 2017
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