Consents & Regulatory Committee Agenda November 2017
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Consents and Regulatory Committee Tuesday 21 November 2017 9.30am Taranaki Regional Council, Stratford Consents and Regulatory Committee - Agenda Agenda for the meeting of the Consents and Regulatory Committee to be held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 21 November 2017 commencing at 9.30am. Members Councillor M P Joyce (Committee Chairperson) Councillor M J Cloke Councillor M G Davey Councillor C L Littlewood Councillor M J McDonald Councillor B K Raine Councillor N W Walker Councillor D L Lean (ex officio) Councillor D N MacLeod (ex officio) Representative Mr H Eriwata (Iwi Representative) Members Mr K Holswich (Iwi Representative) Ms F Mulligan (Iwi Representative) Apologies Notification of Late Items Opening Karakia Item Page Subject Item 1 4 Confirmation of Minutes Item 2 11 Resource consents issued under delegated authority and applications in progress Item 3 38 Consent monitoring annual reports Item 4 53 Incident, Compliance, Monitoring Non-compliances and Enforcement Summary 2 Consents and Regulatory Committee - Opening Karakia Whakataka te hau Karakia to open and close meetings Whakataka te hau ki te uru Cease the winds from the west Whakataka te hau ki tonga Cease the winds from the south Kia mākinakina ki uta Let the breeze blow over the land Kia mātaratara ki tai Let the breeze blow over the ocean Kia hī ake ana te atakura Let the red-tipped dawn come with a sharpened air He tio, he huka, he hauhu A touch of frost, a promise of glorious day Tūturu o whiti whakamaua kia tina. Let there be certainty Tina! Secure it! Hui ē! Tāiki ē! Draw together! Affirm! 3 Consents and Regulatory Committee - Confirmation of Minutes Agenda Memorandum Date 21 November 2017 Memorandum to Chairperson and Members Consents and Regulatory Committee Subject: Confirmation of Minutes – 17 October 2017 Approved by: G K Bedford, Director-Environment Quality B G Chamberlain, Chief Executive Document: 1963822 Resolve That the Consents and Regulatory Committee of the Taranaki Regional Council: 1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 17 October 2017 at 9.30am 2. notes the recommendations therein were adopted by the Taranaki Regional Council on 31 October 2017. Matters arising Appendices Document #1947625 – Minutes Consents and Regulatory Committee 4 Consents and Regulatory Committee - Confirmation of Minutes Minutes of the Consents and Regulatory Committee Meeting of the Taranaki Regional Council, held in the Taranaki Regional Council Chambers, 47 Cloten Road, Stratford, on Tuesday 17 October 2017 at 9.30am. Members Councillors M P Joyce (Committee Chairperson) M J Cloke M G Davey C L Littlewood M J McDonald B K Raine N W Walker D L Lean (ex officio) Representative Mr H Eriwata (Iwi Representative) Members Mr K Holswich (Iwi Representative) Ms F Mulligan (Iwi Representative) Attending Messrs G K Bedford (Director-Environment Quality) A D McLay (Director-Resource Management) M J Nield (Director-Corporate Services) B E Pope (Compliance Manager) C H McLellan (Consents Manager) Mrs H Gerrard (Science Manager) Mr R Phipps (Science Manager) Mrs V MacKay (Science Manager) Mrs K van Gameren (Committee Administrator) Mr R Ritchie (Communications Manager) Mr P Ledingham (Communications Officer) Mr M Ritai (Iwi Representative) Ms M Dwyer (Fonterra) One Member of the media from 9.45am. Opening Karakia Mr H Eriwata (Iwi Representative) gave the opening Karakia to the Consents and Regulatory Committee. Apologies The apology from Councillor D N MacLeod was received and sustained. Notification of Late Items There were no late items of general business. Doc# 1947625-v1 5 Consents and Regulatory Committee - Confirmation of Minutes 1. Confirmation of Minutes – 29 August 2017 Resolved THAT the Consents and Regulatory Committee of the Taranaki Regional Council 1. takes as read and confirms the minutes and confidential minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 29 August 2017 at 9.30am 2. notes that the recommendations therein were adopted by the Taranaki Regional Council on 18 September 2017. Cloke/Littlewood Matters Arising There were no matters arising. 2. Resource consents issued under delegated authority and applications in progress Councillor M P Joyce declared an interest in agenda item 2 (Resource consents issued under delegated authority and applications in progress) in relation to Consent R2/10470-1.0 Oakura Farms Limited, and took no part in the discussions or deliberations other than those duties required of the Committee Chairperson. 2.1 The Committee considered and discussed the memorandum advising of consents granted, consents under application and of consent processing actions since the last meeting of the Committee. Recommended THAT the Taranaki Regional Council 1. receives the schedule of resource consents granted and other consent processing actions, made under delegated authority. Lean/Cloke Fay Mulligan abstained from voting 3. Report on five applications for notified consents – Fonterra Limited Whareroa Site Councillor M P Joyce declared an interest in agenda item 3 (Report on five applications for notified consents – Fonterra Limited Whareroa Site) and took no part in the discussions or deliberations other than those duties required of the Committee Consents and Regulatory Committee Meeting Tuesday 17 October 2017 6 Consents and Regulatory Committee - Confirmation of Minutes Chairperson. Councillor M J McDonald and Councillor N W Walker declared their interests and also removed themselves from discussions and deliberations. 3.1 Mr A D McLay, Director-Resource Management, spoke to the memorandum recommending that the Council approve five notified applications by Fonterra Limited for dairy multiprocessing at the Whareroa site, Hawera. 3.2 It was noted and acknowledged that, subject to the approval of the Committee, the notified consents were issued with key stakeholder involvement, following a long, extensive and successful pre-hearing process which avoided the need for an expensive formal hearing and the potential for uncertainty for all parties and provided for appropriate future Tangata Whenua involvement in the consents. 3.3 Members of the Committee congratulated the Council staff involved in the consent process with Fonterra and key stakeholders. Recommended THAT the Taranaki Regional Council 1. receives the memorandum Report on five applications for notified consents – Fonterra Limited Whareroa Site 2. notes the long and extensive pre hearing process that has been undertaken to successfully resolve submissions on the applications 3. approves the consent applications by Fonterra Limited (consent numbers 0047-4.0, 1450-3.0, 4927-2.0, 5013-2.0 and 5148-2.0), in accordance with the recommendation in the officers’ reports. Lean/Cloke 4. Appointment of Hearing Commissioner – New Zealand Transport Agency 4.1 Mr A D McLay, Director-Resource Management, spoke to the memorandum advising the Committee of the intended process for considering the proposed upgrade of State Highway 3 at Mt Messenger and to recommend that, in the event that a hearing is required, the Council delegates the authority to hear and determine resource consent applications to Councillor D L Lean. 4.2 It was noted that the New Plymouth District Council’s appointment to the Hearing Committee will be providing for cultural input and advice. Recommended THAT the Taranaki Regional Council 1. receives this memorandum Appointment of Hearing Commissioner – New Zealand Transport Agency Consents and Regulatory Committee Meeting Tuesday 17 October 2017 7 Consents and Regulatory Committee - Confirmation of Minutes 2. subject to a hearing being necessary, in accordance with section 34A(1) of the Resource Management Act appoints Cr D Lean as a hearing commissioner, and delegates him the power to hear and determine, applications made to this Council, lodged by the New Zealand Transport Agency (NZTA) for the proposed upgrade of State Highway 3 at Mt Messenger 3. agrees that any hearing will be held jointly with New Plymouth District Council, with New Plymouth District Council as the lead agency. Cloke/Holswich 5. Consent monitoring annual reports and case study ‘Live Water Quality Monitoring’ – moving forward with the latest technology 5.1 Mrs V MacKay, Science Manager, spoke to the memorandum advising the Committee of 18 tailored compliance monitoring reports that have been prepared since the last Committee meeting and to introduce a case study on ‘live water quality monitoring’ – moving forward with the latest technology. 5.2 The Committee noted and discussed the case study, commending the Council on providing capital funding for investment in technology to meet the monitoring obligations placed upon the Council by the National Policy Statement on Freshwater Management. It demonstrates the Council’s ongoing commitment to water quality monitoring. 5.3 Members noted and sought discussion on a number of consent monitoring annual reports, namely the STDC Patea Beach Green Waste, Waitaha Catchment (including Taranaki Sawmills) and STDC Coastal Structures Monitoring Programmes. Recommended THAT the Taranaki Regional Council 1. receives the 17-5 Waitaha Catchment Monitoring Programme Annual Report 2016-2017 and adopts the specific recommendations therein.