Council Members Chairman Nicol Horrell Cr Lloyd Esler Cr Jeremy McPhail Cr Lloyd McCallum (Deputy) Cr Robert Guyton Cr Bonnie Mager Cr Allan Baird Cr Lyndal Ludlow Cr Eric Roy Cr Neville Cook Cr Peter McDonald Cr David Stevens
Ordinary Meeting of Council (Te Huinga Tu)
Environment Southland Council Chambers and via Zoom digital link
10.30 am 16 December 2020 A G E N D A (Rarangi Take) 1. Welcome (Haere mai)
2. Apologies (Nga Pa Pouri) - Cr L Esler - Cr E Roy (for lateness)
3. Declarations of Interest
4. Public Forum, Petitions and Deputations (He Huinga tuku korero)
5. Presentation to Craig Sinclair, Emergency Management Southland, for 10 years of service to emergency management.
6. Confirmation of Minutes (Whakau korero) (a) Ordinary Meeting of Council 28 October 2020 (b) Emergency Meeting of Council 28 October 2020 (c) Extraordinary Meeting of Council 26 November 2020
7. Adoption of Committee Resolutions (a) Organisational Performance and Audit Committee 19 November 2020 (b) Southland Civil Defence Emergency Management Group 23 November 2020 (c) Strategy and Policy Committee 25 November 2020 (d) Regulatory Committee 25 November 2020 (e) Organisational Performance and Audit Committee 26 November 2020 (f) Regional Services Committee 26 November 2020
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Ordinary Meeting of Council – 16 December 2020
8. Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi) 8.1 Supplementary Reports 8.2 Other Note: Councillors are reminded to advise the Chairman, at least a day prior to the meeting, of your intention to raise any matters.
9. Questions (Patai) Cr Guyton – “In light of the Government’s declaration of a climate change emergency, will this Council, which now finds itself out-of-step with, and behind central government’s position on climate change, upgrade its present approach to match that of many other councils around New Zealand and that of central government?”
10. Chairman and Councillors’ Reports (Nga Purongo-a-Tumuaki me nga Kaunihera)
11. Staff Report - 20/C/110
Item 1 - Chief Executive’s Report ...... 61 Item 2 - 2021-2031 Long-term Plan Development – Adoption of Policies ...... 72 Item 3 - Adoption of Significance and Engagement Policy Amendments ...... 82 Item 4 - Change of Trustee Composition - Te Wai Parera Trust ...... 103 Item 5 - Appointment of Trustees to the Whakamana te Waituna Charitable Trust ...106 Item 6 - Update to Staff Delegations Manual ...... 109 Item 7 - Councillors’ Meeting Schedule – December 2020 ...... 121 Item 8 - Common Seal ...... 127
12. Extraordinary and Urgent Business (Panui Autaia hei Totoia Pakihi)
13. Public Excluded Business (He hui Pakihi e hara mo te iwi) Adoption of Minutes . Ordinary Meeting of Council – 28 October 2020 Adoption of Committee Resolutions . Organisational Performance and Audit Committee – 19 November 2020 . Organisational Performance and Audit Committee – 26 November 2020
R A Phillips Chief Executive
RECOMMENDATIONS IN COUNCIL REPORTS ARE NOT TO BE CONSTRUED AS COUNCIL POLICY UNTIL ADOPTED BY COUNCIL
2020 December 16 - Ordinary Page 2 Meeting of Council 2
Ordinary Meeting of Council – 16 December 2020
Confirmation of Minutes
Ordinary Meeting of Council – 28 October 2020 Emergency Meeting of Council – 28 October 2020 Extraordinary Meeting of Council – 26 November 2020
2020 December 16 - Ordinary Page 3 Meeting of Council 3 Minutes of the Ordinary Meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Wednesday, 28 October 2020 at 10.30 am ______
Present: Chairman N Horrell (Chair) Cr A Baird Cr NMG Cook Cr R L Guyton Cr L R Ludlow Cr B E Mager Cr L J McCallum Cr P G McDonald Cr J A McPhail Cr E Roy Cr D H Stevens
In Attendance: R Phillips (Chief Executive) W Falconer (GM Strategy and Engagement) A Kubrycht (GM People and Capability) N Selman (GM Corporate Services) L Hicks (Policy and Planning Manager) F Young (Land and Water Services Manager) S Dixon (Land Sustainability Officer) R Millar (Strategy and Partnerships Advisor) T McCann (Communications Coordinator - Publications) J Brown (Executive Assistant) K Harper (PA)
1 Welcome (Haere mai)
The Chairman welcomed members to the October meeting of Council for 2020. Chairman Horrell advised that the meeting was to be livestreamed to Youtube.
2 Apologies (Nga Pa Pouri)
Resolved:
Moved Cr Baird, seconded Cr McPhail, that an apology for absence be accepted on behalf of Cr I L Esler.
Carried
3 Declarations of Interest
There were no declarations of interest.
(H:\Confidential\objective\8008\patriceb\Objects\2020 - October 28 - Council Minutes (vA1124641).docx)
Environment Southland is the brand name of the Southland Regional Council 4 Ordinary Meeting of Council – 28 October 2020
4 Public Forum, Petitions and Deputations (He Huinga tuku korero)
Chairman Horrell welcomed Laurie Paterson, Bryce McKenzie, Logan Evans and Duncan Gardyne to the meeting. The group were representing the rural community and farmers who were concerned about the impact the new freshwater regulations could have on the wellbeing of the farming community and Southland’s economy.
The group outlined their concerns particularly around sowing dates for pastures and crops, winter grazing, and the mental health and wellbeing of the rural community. The group explained that they were considering petitioning to Parliament to highlight their concerns. After responding to questions for clarification, the Chairman thanked the group for attending the meeting.
5 Confirmation of Minutes (Whakau korero)
(a) Ordinary Meeting of Council – 30 September 2020
Resolved:
Moved Cr McCallum, seconded Cr Stevens, that the minutes of the Ordinary Meeting of Council held on 30 September 2020 be taken as read and confirmed as a true and correct record.
Carried
6 Adoption of Committee Resolutions
(a) Strategy and Policy Committee – 14 October 2020
No discussion arose.
Resolved:
Moved Cr Roy, seconded Cr Baird, that the resolutions from the Strategy and Policy Committee meeting held on 14 October 2020 be adopted.
Carried
(b) Organisational Performance and Audit Committee – 14 October 2020
Cr Ludlow noted that the Risk Management Policy was adopted at this meeting, followed by some robust discussion around procurement going forward.
Resolved:
Moved Cr Ludlow, seconded Cr Cook, that the resolutions from the Organisational Performance and Audit Committee meeting held on 14 October 2020 be adopted.
Page 2 5 Ordinary Meeting of Council – 28 October 2020
Carried
(c) Chief Executive’s Review Sub-committee – 20 October 2020
Resolved:
Moved Cr McCallum, seconded Cr McPhail, that the resolutions from the Chief Executive’s Review Sub-committee meeting held on 20 October 2020 be adopted.
Carried
7 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
7.1 Supplementary Reports
There were no supplementary reports provided to the meeting.
7.2 Other
There were no other items of business raised by Councillors for inclusion in the agenda.
8 Questions (Patai)
There were no questions.
9 Chairman and Councillor’s Reports (Nga Purongo-a-Tumuaki me nga Kaunihera)
Chairman’s Report
Circulated with the agenda was a report of activities that the Chairman had undertaken on behalf of Council since the last meeting.
Chairman Horrell took his report as read. He noted in particular that the Waimumu Downs School project that was held on 20 to 23 October 2020 was a great community initiative that involved native tree planting, data monitoring of sediment ponds and other learning activities. Around 23 schools from across Southland had taken part.
Councillors’ Reports
Cr McDonald reported he and Cr Baird had attended an inaugural meeting of the Dipton Catchment Group on 14 October 2020. He had also attended the Upper Makarewa Catchment Group meeting at Lora Gorge on 27 October 2020. He advised that both meetings were very good, positive starts.
Page 3 6 Ordinary Meeting of Council – 28 October 2020
Cr Stevens had attended the Between the Domes Catchment meeting on Thursday, 23 October 2020. He noted there were a lot of new initiatives taking place including the removal of plastic, and that the high turnout of people and enthusiasm of the meeting was heartening.
Cr McCallum advised he and Cr McDonald had attended the Mid Oreti Catchment Group meeting at AB Lime on 8 October 2020. He reported a good number of attendees and that it was a very positive meeting.
Cr McPhail reported he had attended a Gore Catchment Group meeting. He explained that a Federated Farmers representative had attended this meeting to explain the National Environment Standards on freshwater management. He said the meeting was very informative and positive.
10 Staff Report – 20/C/93
Item 1 – Chief Executive’s Report
The Chief Executive’s report provided Council with a governance overview of pan organisational current matters, including updates from all direct reports on topical matters.
Mr Phillips noted the busy month and the work being done and to be done, on the Long-term Plan. He further noted the work that was underway around improving water quality in the planning and science spaces. The science teams were also busy with work regarding the recent flooding at the beginning of October, and the previous weekend. Responding to a question about Undaria found growing on cray pots at Broad Bay, Rakiura, Mr Phillips explained that it was less than desirable news and a response to the find was being worked through. Mr Phillips would advise Council of the pathway plan recommended once he had received it.
Cr Baird asked whether the S32AA analysis that was directed by the Court and that was to be completed by Friday, 30 October 2020, was on track. Mrs Hicks advised that aside from some editing, the analysis would be ready to present on Friday.
Resolved:
Moved Cr McCallum, seconded Cr Stevens, that Council note the report and including the delegation of the role of Chief Executive to Amy Kubrycht (General Manager, People & Capability) for the period from mid-day Friday, 2 October 2020 through until 8.00 am on Thursday, 8 October 2020.
Carried
Item 2 – Capacity Building Project
The purpose of this item was to provide a summary of the community presentations and a commentary on the feedback presented to Council from the Liaison Committees and for Council to adopt the Catchment Liaison Committees’ Terms of Reference.
Page 4 7 Ordinary Meeting of Council – 28 October 2020
Mrs Young highlighted that the updated framework would serve Council and the community well entering into projects like People Water and Land and the challenges around climate change impact for example.
Responding to a question around closer interaction between River Liaison Committees and catchment groups across Southland, Mrs Young explained that what was noticeable and positive was the formation of groups such as the Aparima Catchment Environment (ACE) group in the Aparima catchment, that incorporated the Upper, Mid and Lower parts of the catchment working together. She also noted that it was expected that there would be greater connection between different area catchment groups across Freshwater Management Units (FMU).
Councillors congratulated Mrs Young and Mr Dixon for the massive undertaking this job had been, and the successful outcome of their hard work.
Resolved:
Moved Cr McCallum, seconded Cr McPhail, that Council:
1. note the report;
2. adopt the proposed Catchment Liaison Committees’ Terms of Reference. Carried
The meeting moved to Item 7 at this time.
Item 7 – Thriving Southland Update
The purpose of this item was to provide Council with an update on Thriving Southland.
The Chairman welcomed Ewan Mathieson (Chairman Thriving Southland), Richard Kyte (Project Lead Thriving Southland), and Kate Scott (Environmental Consultant Thriving Southland) to the meeting.
Mr Kyte reported that a lot had been achieved over the last four and a half months’ post Covid-19 lockdown, working alongside catchment groups and Environment Southland staff. The outcome of an initial Thriving Southland baseline study showed that catchments groups wanted support around engagement, comms and database management.
Other work that had been done/was underway included:
a science environmental literature review had been completed (through Landpro); catchment groups were very interested in the science in their different catchments; a report around the review would be released to the catchment groups on 15 November 2020; the next piece of work would centre around where the review sits as a whole for each catchment and what the science meant to each catchment; a stocktake of tools and resources available through stakeholders had been collated and published on the Environment Southland website;
Page 5 8 Ordinary Meeting of Council – 28 October 2020
project ideas around farms systems modelling and others were being circulated around catchment groups.
Responding to a question Mr Kyte explained that rural community projects were quite strong and a lot of engagement projects were taking place. Regarding funding, Mr Kyte also explained that funding came from the Sustainable Land Use Fund. Thriving Southland could also help catchment groups with other funding options if required.
Resolved
Moved Cr McCallum, seconded Cr Baird, that Council note the update on Thriving Southland. Carried
The meeting returned to Item 3 as per the agenda.
Item 3 – 2021 Meeting Calendar
The purpose of this item was for Council to consider and adopt the 2021 meeting calendar.
Resolved
Moved Cr Ludlow, seconded Cr Cook, that Council adopt the 2021 meeting calendar. Carried
Item 4 – Councillors’ Meeting Schedule – October to December 2020
This item was for Council to approve the meeting schedule that had been circulated with the agenda. Further amendments to that schedule were advised as follows:
5 November 2020 - Information hui – Native Plant Nursery – Waihopai Marae - Chairman Horrell 20 November 2020 - OSPRI Stakeholder Council Meeting – date amended in meeting schedule 21 November 2020 – Oreti Dunes Totara Forest opening – Chairman Horrell 23 November 2020 – Te Waipareira Trust Annual General Meeting – Chairman Horrell and Cr McCallum
Resolved:
Moved Cr Stevens, seconded Cr McPhail, that Council:
1. appoint members to represent Council at the meetings marked on the schedule and as discussed today;
2. pay meeting fees and/or allowances in accordance with its policy and detailed on the schedule.
Carried
Page 6 9 Ordinary Meeting of Council – 28 October 2020
Item 5 – Common Seal
This item was to note the documents to which the Common Seal had been applied under approved authorisation.
Resolved:
Moved Cr McCallum, seconded Cr Ludlow, that Council note the document to which the Common Seal has been affixed under approved authorisation.
Carried
Item 6 – Three Waters Reform Programme Update
This item was to provide an update on Otago and Southland’s collaborative response to the service delivery components of the Three Waters Reform Programme.
Mr Phillips advised that the Three Waters Reform Programme was part of the Government’s wider programme of work around water quality. In response to a question Mr Phillips explained that the Council had a fundamental responsibility around RMA requirements and would also provide advice to TA’s. Although some details around the types of reporting required still needed to be shaped up, the clear expectation was that there needed to be improvements with infrastructure and environmental performance.
Resolved:
Moved Cr Cook, seconded Cr McDonald, that Council:
1 note the report;
2 note that Otago and Southland local authorities continue to work together to support both region’s interests in the Three Waters Reform Programme.
Carried
1 Extraordinary and Urgent Business (Panui Autaia hei Totoia Pakihi)
There was no extraordinary or urgent business.
12 Public Excluded Business (He hui Pakihi e haram o te iwi)
Resolved:
Moved Cr Baird, seconded Cr McCallum, that in accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act (or sections 6, 7 or 9 of the Official Information Act
Page 7 10 Ordinary Meeting of Council – 28 October 2020
1982, as the case may be), it is moved that the public is excluded from the following parts of the proceedings of this meeting, namely:
. confirmation of the minutes of the meeting of the Ordinary Meeting of Council held on 30 September 2020; . adoption of Committee Resolutions from the Organisational Performance and Audit Committee held on 14 October 2020; . Chief Executive’s Review Sub-committee – 20 October 2020.
The general subject of the matter to be considered while the public is excluded, the reason for passing this resolution in relation to the matter, and the specific grounds for excluding the public, as specified by s.48(1) of the Local Government Official Information and Meetings Act 1987, are set out below:
Grounds General Subject Matter Reason for Passing the under Resolution S. 48(1)
Confirmation of Minutes To prevent the disclosure or S.7(2)(j) Ordinary Meeting of Council – use of information for 30 September 2020 improper gain or advantage.
The matter is subject to S.48(1)(d) as proceedings in the qualified by Environment Court S.45(2)(a)(i)
Adoption of Committee To prevent the disclosure or S.7(2)(j) Resolutions – Organisational use of information for improper Performance and Audit gain or advantage. Committee – 14 October 2020
Chief Executive’s Review Sub- To protect the privacy of S.7(2)(a) committee – 20 October 2020 natural persons.
It is further moved that Rob Phillips, Neil Selman, Amy Kubrycht, Jan Brown and Kirsten Harper be permitted to remain at this meeting after the public has been excluded, and that Jan Brown remain at this meeting after the public has been excluded for the adoption of the minutes of the Chief Executive’s Review Sub-committee meeting.
Carried
Resumed in Open Meeting
Termination
There being no further business, the meeting closed at 12.30 pm.
Page 8 11 Minutes of the Emergency Meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Wednesday, 28 October 2020, at 1.04 pm ______
Present: Chairman N Horrell (Chair) Cr A Baird Cr N Cook Cr L Ludlow Cr L McCallum Cr J McPhail Cr D Stevens Cr E Roy
In Attendance: Mr R Phillips (Chief Executive) Ms A Kubrycht (GM, People & Capability) Mrs J M Brown (Executive Assistant)
1 Welcome (Haere mai)
The Chairman welcomed members to the Emergency meeting of Council, which had been called at short notice, to deal with the need to delegate authority to the Chief Executive to enter into Climate Resilience or “Shovel Ready” contracts with the Ministry for Business Innovation and Employment, on behalf of the Council.
2 Apologies (Nga Pa Pouri)
Resolved:
Moved Cr McCallum, seconded Cr Ludlow, that apologies for absence be accepted on behalf of Cr L Esler. The meeting noted that neither Crs Guyton nor Mager were aware of the meeting, and therefore had not been able to lodge apologies.
Carried
3 Declarations of Interest
There were no declarations of interest made at this time.
Environment Southland is the brand name of Southland Regional Council 12 Emergency Meeting of Council – 28 October 2020
4 Questions (Patai)
There were no questions posed by the meeting.
10 Staff Report – 20/C/97
Item 1 – Entering into Climate Resilience Contracts
The agenda for the meeting had been tabled for members to read following the last meeting. In introducing this item, the Chief Executive noted the need for Council to enter into contracts with MBIE had been discussed for some weeks now, including the possibility of a need for an Emergency meeting to address the matter. The delays had been caused by discussions with MBIE and ensuring a contract was established that was acceptable to all parties.
The purpose of this meeting was is to ensure the delegation to enter into a contract to access funding being provided by central government. It was noted that an “opt out” clause had been provided to ensure that if anything arose via the consultation process that was currently underway that resulted in the Council not wishing to proceed, that could occur.
The meeting was briefly advised of the consultation round that was currently underway, to seek feedback from the community on the proposed works, and the funding available, and contribution required to be made by ES.
Cr McCallum noted that the $1.5M is $878,000 with the balance being the contingency funding that is provided for, and suggested that the wording within the documentation should be clear on that. However, Councillors felt that the wording provided for this by noting that the Council’s contribution this year would be “up to $1.5M”. Mr Phillips also noted that the recommendation related purely to the signing of the contract. It was agreed that going forward, the reporting back to Council on the projects would focus on what sums were actually accessed. The Chairman also noted the consultation was focused on “up to $1.5M”, and he felt it was important to use consistent language.
Cr Cook supported the recommendation, noting that there was still the ability to have an “out” if required.
Although the consultation was not required to be undertaken, members were pleased to see the arrangements that had been put in place for this to occur.
Resolved:
Moved Cr Cook, seconded Cr Baird, that Council:
(1) note the report;
(2) delegate authority to the Chief Executive to execute the Infrastructure Reference Group Programme of Floodplain Risk Management Funding Agreement for Southland Regional
Page 2 13 Emergency Meeting of Council – 28 October 2020
Council’s Climate Resilience Programme with the Ministry for Business Innovation and Employment.
Carried
Termination
There being no further business, the meeting closed at 1.10 pm.
Page 3 14 Minutes of the Extraordinary Meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Thursday, 26 November 2020 at 1.00 pm ______
Present: Chairman N Horrell (Chair) – until 1.06 pm Cr A Baird Cr I L Esler Cr R L Guyton via Zoom digital Cr L R Ludlow Cr B E Mager via Zoom digital Cr L McCallum Chairman from 1.06 pm Cr P G McDonald Cr J A McPhail Cr E Roy Cr D H Stevens
In Attendance: A Kubrycht (GM People and Capability) W Falconer (GM Strategy & Engagement) from 1.06 pm J Streat (GM Operations) T Hawkins (Finance Manager) G Jefferies (Communications & Engagement Manager) P Haynes (Catchment Operations Manager) L Tamati (Communications & Engagement Advisor) T Adendorff (Financial Accountant) J Brown (Executive Assistant)
1 Welcome (Haere mai)
The Chairman welcomed members to the Extraordinary meeting called to consider two items, including the adoption of the Annual Report for the last financial year. He noted that he would be leaving the meeting shortly (to travel to other meetings in Wellington on Council’s behalf), and at that time Cr McCallum would assume the chair.
2 Apologies (Nga Pa Pouri)
Resolved:
Moved Cr McCallum, seconded Cr McDonald, that an apology for absence be accepted on behalf of Cr Cook, and for early departure from Chairman Horrell.
Carried
(H:\Confidential\objective\8008\patriceb\Objects\2020 November 26 - Extraordinary meeting of Council.docx)
Environment Southland is the brand name of the Southland Regional Council 15 Ordinary Meeting of Council – 26 November 2020
3 Declarations of Interest
There were no declarations of interest.
4 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
4.1 Supplementary Reports
There were no supplementary reports provided to the meeting.
4.2 Other
There were no other items of business raised by Councillors for inclusion in the agenda.
5 Questions (Patai)
There were no questions.
6 Staff Report – 20/C/104
Item 1 – Adoption of 2019/20 Annual Report
Ms Kubrycht introduced this item, which had been provided for Council to consider and adopt the 2019/20 Annual Report and Annual Report Summary. It was noted that the Organisational Performance & Audit Committee (OPAC) had been through the report at length, whilst the auditors had also been present to respond to any questions or matters that were raised. Changes required by that committee had been reflected in an updated message from the Chairman and CE, which discussed the challenges Council faces going forward. Also Te Reo translations had been provided for the four groups of activities.
Cr McCallum supported the changes that had been made, noting a good balance had been achieved in the messaging provided. He also suggested the following changes from a consistency and clarity perspective:
when referring to the COVID19 pandemic, the full term should be used, rather than just “pandemic” – this was agreed; including how much the financial loss of marine fee income had been this year ($400,000 approximately). It was noted that going forward the loss would be upwards of $2.8M.
The Chairman noted that 2020 had been a tumultuous year in many ways, but only part of that year was reflected in the financial report. Notwithstanding that, there were also some very positive aspects to celebrate, which had been highlighted.
Page 2 16 Ordinary Meeting of Council – 26 November 2020
Resolved:
Moved Cr Baird, seconded Cr McCallum, that Council, having considered the content of the Draft Annual Report for 2019/20 and Draft Annual Report Summary for 2019/20, and having obtained further information and explanation:
(1) pursuant to Section 98, Local Government Act 2002 adopt the Annual Report for 2019/20, and the Annual Report Summary for 2019/20;
(2) request the Chairman and Chief Executive to sign the financial statements and associated documents for forwarding to the auditors.
Carried
[The Chairman left the meeting at this time. Cr McCallum assumed the Chair at this time – 1.06 pm W Falconer also attended the meeting at this time.]
Item 2 – Results of Public Consultation on “Shovel Ready” Projects
The purpose of this item was to inform Councillors about the outcome of the community consultation on the “shovel ready” projects.
In speaking to the item, Mr Streat noted Council had a significant opportunity to take advantage of government investment, as part of the COVID19 funding, to prepare for adverse events.
It was noted public consultation to gain feedback around what may be considered the opportunities and commitments needed to support the co-investment with central government had been undertaken, and the feedback had been positive. It was evident the community clearly recognised the value that this opportunity presented.
Ms Falconer noted Gore District Council had been the most engaged of the submitters and wished to engage with Council and collaborate throughout the project, which was viewed very positively by staff.
In response to questions from the meeting, Mr Haynes advised that each section of the project would be individualised, and local opportunities to tender for the work to be undertaken would be provided. The focus was on employment, and reporting on all of these aspects was a high priority for government. Separate tenders will be issued, to ensure maximum opportunity for a variety of companies to participate. The meeting noted that the first works would commence in the Mataura and Waiau, in the New Year.
Cr McPhail thanked the staff for the consultation process that had been developed at relatively short notice. He felt that the benefits of the work would be seen in the Mataura in particular – providing resilience to climate change given recent events. He noted he had chaired the meeting in Gore and those who had attended were very positive when they were advised of the proposed works.
Page 3 17 Ordinary Meeting of Council – 26 November 2020
Resolved:
Moved Cr Roy, seconded Cr McDonald, that Council:
1. note the results of the consultation;
2. confirm that Council will proceed with the “shovel ready” programme of works and the contract executed with the Ministry for Business Innovation and Employment entitled “Infrastructure Reference Group Programme of Floodplain Risk Management Funding Agreement for Southland Regional Council’s Climate Resilience Programme, and advise the Ministry accordingly;
3. direct that staff formally reply to each of the submitters, thanking them for their feedback and advising them of its decision. Carried
1 Extraordinary and Urgent Business (Panui Autaia hei Totoia Pakihi)
There was no extraordinary or urgent business.
Termination
There being no further business, the meeting closed at 1.14 pm.
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Ordinary Meeting of Council – 16 December 2020
Adoption of Committee Resolutions
Organisational Performance and Audit Committee – 19 November 2020 Southland Civil Defence Emergency Management Group – 23 November 2020 Strategy and Policy Committee – 25 November 2020 Regulatory Committee – 25 November 2020 Organisational Performance and Audit Committee – 26 November 2020 Regional Services Committee – 26 November 2020
2020 December 16 - Ordinary Page 19 Meeting of Council 19
Minutes of the Organisational Performance and Audit Committee (Arataki Mahi me Tätaki Kauta) Meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Thursday, 19 November 2020, at 9.00 am ______
Present: Cr L Ludlow (Chairman) Cr A Baird Cr N Cook Cr L McCallum Cr J McPhail Mr B Robertson Chairman N Horrell (ex-officio)
Also Present: Cr L Esler Cr E Roy Cr D Stevens (joined at 9.50 am) Mr M Hawken (Partner, Deloitte Limited)
In Attendance: Mr R A Phillips (Chief Executive) Mr N Selman (General Manager, Corporate Services) Mr J Streat (General Manager, Operations) Mrs W Falconer (General Manager, Strategy & Engagement) Mrs T Hawkins (Finance Manager) Ms G Jefferies (Communications & Engagement Manager) Mrs L Tamati (Communications & Engagement Advisor) Mr B Rickertsen (Digital Media Co-ordinator) Mrs M Weston (PA)
1 Welcome (Haere mai)
The Chairman welcomed everyone to the Organisational Performance and Audit Committee meeting and those attending the live stream of this event.
2 Apologies (Nga Pa Pouri)
There were no apologies for absence as all members were present.
3 Declarations of Interest
There were no declarations of interest raised at the meeting.
4 Public Forum, Petitions and Deputations (He Huinga tuku korero)
There were no public forum, petitions or deputations presented at the meeting.
Environment Southland is the brand name of Southland Regional Council 20 Organisational Performance and Audit Committee – 19 November 2020
5 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
5.1 Supplementary Reports
There were no supplementary reports tabled for inclusion in the agenda.
5.2 Other
No other items were raised for discussion.
6 Questions (Patai)
No questions were asked at this time.
7 Chairman and Councillors’ Reports (Nga Purongo-a-Tumuaki me nga Kaunihera)
Neither the Chairman nor any Councillors presented a report to the meeting.
8 General Manager of Corporate Services Report – 20/OPAC/107
Item 1 – Draft 2019/20 Annual Report and Summary
This item was for Council to review the draft 2019/20 Annual Report and Summary, and consider if the document could be forwarded for the Extraordinary Meeting of Council on 26 November 2020 for adoption.
Councillors were encouraged to provide input into the messages and wording of the Annual Report and Summary, and to raise any concerns or questions which they may have.
The following items were raised:
Annual Report 2019/20 In the Annual Report (pg. 2), Councillors discussed the Chairman and Chief Executive message and raised questions whether the tone and language used was correct. Councillors felt that this message needs to tell the story of the challenging year which Environment Southland has faced; the recent flood event of this year and the COVID- 19 pandemic should be referenced, highlighting the following:
the Impact that these significant events have had on revenue and income streams government regulation changes and the challenges that these will have on the business the need for significant investment in the region Environment Southland’s ongoing focus on expenditure reference to Environment Southland wanting to work with Government to see the work progressed
Page 2 21 Organisational Performance and Audit Committee – 19 November 2020
Tanea Hawkins spoke to the Financial Section of the Annual Report. Further amendments to this report, include the following items:
pg. 14 - the heading “Environmental Stewardship” to incorporate the Māori translation; pg. 71 - a change was made to the last sentence in the salary banding paragraph to reflect “number of employees receiving total annual remuneration between $140,00 and $340,000”; pg. 81 - the top paragraph needs to include a statement relating to COVID-19, the uncertainty it has created and the longer impact that it is having;
Rob Phillips left the meeting at 9.40 am
pg. 88 (item 4) - Councillors question the need to use this sentence “The Council/s capital expenditure will always be equal to or greater than the depreciation expenses”, and made the request for the sentence to be deleted. Tanea Hawkins is to seek advice from Deloitte on the deletion of this sentence.
Rob Phillips returned to the meeting at 9.50 am; Cr Stevens joined the meeting at 9.50 am
Annual Report 2019/20 Summary No further questions and changes were made to the Draft Annual Report 2019/20 Summary.
Council paid a tribute of thanks to Tanea Hawkins, Finance Manager and the Finance Team, noting the challenges and events that this year had brought.
Resolved:
Moved Cr McCallum, seconded Cr Baird, that Council review and resolve to:
1) make the agreed changes to the information presented as discussed and;
2) note that it does not require any additional information to be provided and;
3) forward the draft 2019/20 Annual Report and Summary to Council for adoption at its meeting on 26 November 2020, subject to any final changes required to either document by the council and/or the audit team.
Carried
Extraordinary and Urgent Business (Panui Autaia hei Totoia Pakihi)
There were no items of extraordinary or urgent business considered by the meeting.
Page 3 22 Organisational Performance and Audit Committee – 19 November 2020
10 Public Excluded Business (He hui Pakihi e hara mo te iwi)
Resolved:
Moved Chairman Horrell, seconded Cr McCallum, that in accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest/s protected by section 6 or section 7 of that Act (or sections 6, 7 or 9 of the Official Information Act 1982, as the case may be), the public be excluded from the following parts of the proceedings of this meeting, namely:
Item 2 – Deloitte – Management Letter
The general subject of the matters to be considered while the public is excluded, the reason for passing this resolution in relation to the matter, and the specific grounds for excluding the public, as specified by Section 48(1) of the Local Government Official Information and Meetings Act 1987, are set out below:
Grounds under General Subject Matter Reason for Passing the S. 48(1) Resolution → Item 2 – Deloitte To prevent the disclosure or Management letter use of official information for S.7(2)(j) improper gain or advantage.
Enable any local authority holding the information to carry out, without prejudice S.7(2)(h) or disadvantage, commercial activities.
It is further moved that Rob Phillips, Neil Selman, Jonathan Streat, Wilma Falconer, Gail Jefferies, Leeana Tamati, Boi Rickertsen, and Mel Weston be permitted to remain at this meeting, after the public has been excluded, because their knowledge of the item they are associated with will be of assistance in relation to the matter to be discussed.
Carried
Resumed in Open Meeting
Termination
There being no further business, the meeting closed at 10.30 am.
Page 4 23 Minutes of the Southland Civil Defence Emergency Management Group (Te Manatu Arai Mate Ohorere o te Tonga) Meeting, held in the Council Chambers, Environment Southland, cnr Price Street and North Road, Invercargill, on Friday, 23 November 2020 at 9.00 am ______
Present: Cr NMG Cook (Environment Southland) (Chair) Mayor G Tong (Southland District Council) Mayor T Hicks (Gore District Council) Deputy Mayor Clark (Invercargill City Council)
In Attendance: Mr A McKay (EMS Manager) Mrs E Cook (Murihiku Papatipu Runaka) Ms S James (NEMA) Mr S Chambers (NEMA) Ms A Curd (EMS Team Leader – Resilience) Mr C Sinclair (EMS Team Leader – Response) Mrs N Baxter (Personal Assistant - Minutes)
1 Welcome (Haere mai)
The Chair welcomed everyone to the November meeting of this group for 2020 and Mr Sinclair presented a Karakia.
2 Apologies (Nga Pa Pouri)
Apologies were received on behalf of Clare Hadley, Mayor Shadbolt, Steve Parry, Cameron McIntosh and Rob Phillips.
Resolved:
Moved Mayor Tong, seconded Mayor Hicks, that apologies for absence be noted on behalf of Clare Hadley, Mayor Shadbolt, Steve Parry, Cameron McIntosh and Rob Phillips.
Carried
3 Declarations of Interest
There were no declarations of interest made at this time.
24 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
4 Public Forum, Petitions and Deputations (He Huinga tuku korero)
There were no public forums, petitions or deputations presented at this time.
5 Confirmation of Minutes (Whakau korero) – 8 November 2019
Resolved:
Moved Mayor Hicks, seconded Mayor Tong, that the minutes of the Southland Civil Defence Emergency Management Group meeting held on 8 November 2019 be taken as read and confirmed as a true and correct record.
Carried
6 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
6.1 Supplementary Reports
There were no supplementary reports tabled for inclusion in the agenda.
6.2 Other
There was no other business tabled for inclusion in the agenda.
7 Questions (Patai)
There were no questions raised.
8 Chairman’s Report (Te Purongo a Tumuaki)
The Chairman did not have a report to present.
9 Report – 20/SCDEMG/100
Item 1 – Co-ordinating Executive Group (CEG) Chair Report
Mr McKay announced to the group that he had accepted a job with MPI in Wellington and would be leaving EMS at the end of January. The group then gave special thanks to Mr McKay for his work and leadership over the years, and congratulated him on his new role.
This report was taken as read and Mr McKay informed the committee that CEG had met twice this year. Mrs Hadley was nominated to be the new Chair and Mr Phillips as deputy Chair.
Page 2
25 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
No discussion arose from this report.
Resolved:
Moved by the Chair, seconded Mayor Hicks, that the Southland Civil Defence Group note the report.
Carried
Item 2 – Health & Safety
There had been no significant incidents to report Mr McKay said. The EMS team had been preparing processes and plans for another resurgence of COVID-19 in the community with the other partnering organisations. He informed the group that there was plenty of PPE available should another community outbreak occur in the Southland region. He also noted that the Shaky Trailer had come off the car during one of its outings but had not caused any major damage.
Resolved:
Moved Mayor Tong, seconded Mayor Hicks, that the Southland Civil Defence Emergency Management Group accept the report.
Carried
Item 3 – EMS Annual Report
Ten years of emergency preparation work and resourcing was used this year with two major events occurring Mr McKay reported. Most of the costs had been recovered except $400,000 which was unable able to be claimed back from NEMA or insurance. Mr McKay advised that reserve funds had been used to cover this. 26 community hubs had been up and running during the floods which was a direct result of all the hard work completed by the team in previous years. Although it had been an eventful year it had been positive.
The Chair commented that it was an eventful year which was well run. He said that he had received good feedback following both events of how everything ran smoothly even though it was an emergency. He then asked if any of the $400,000 could be recovered, Mr McKay said that unfortunately none of the $400,000 could be recovered, and that was why it was good to have the reserves there for these situations.
The Chair then raised his concerns that with Mr McKay leaving the AF8 project may be affected. Mr McKay was a strong leader and other councils and organisations had looked to him for leadership, the Chair felt that whomever takes his place needed to have strong leadership skills. He asked that if anyone had any suggestions for his replacement to please let him know.
Mayor Tong commented that EMS had been in ‘response’ mode for over half a year and congratulated the EMS team on the work they had done.
Page 3
26 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
Resolved:
Moved Mayor Tong, seconded Mayor Hicks, that the Southland Civil Defence Emergency Management Group note the EMS annual report.
Carried
Item 4 – EMS Update and Work Programme
Mr McKay spoke to this item highlighting the spreadsheet on page 40 of the agenda which showed the work programme. Mr McKay said that the last six months had been spent catching up from the response while still keeping a watching brief in terms of COVID-19 resurgence. He reported that all the community response plans were completed early, these plans were not due to be completed until June 2021. It was now about keeping up the community engagement.
Mr McKay took this report as read giving the following highlights.
Reduction AF8 drives much of the EMS work on earthquake hazards and the cascading impacts. Mr McKay was involved with the Milford Opportunities Project and had spoken to the consultants about how they can reduce some of the natural hazard risks with some of the proposals they had come up with. He felt it would be a challenging space moving forward to make sure that these hazards are mitigated.
He also raised the topic of climate change. He advised that Mr Le Roux would begin work on climate change in the new year. Mr McKay felt this work was important as there was going to be more climate change events in the future and the plans that the EMS team had needed to be updated to include climate change.
Readiness Ms Curd said that EMS had been approached by Te Rūnanga o Ngāi Tahu (TRONT) to support them in the development of Marae and Whanaū emergency planning for Murihiku over the past four months. There had been very good feedback from them and there will be more work to be done in this space.
The EMS team did Shake Out in October which involved evacuating the Riverton Primary School and Kindergarten to BUPA which was very successful. On social media they ran Clued Up Kids which was successful and was run out of Gore with 150 students involved. They also completed their community response plans with 26 being completed in total. These plans proved their usefulness during the flooding events this year as well as with COVID-19.
Mrs Cook said that the Marae training was more about Whenūa preparedness during emergencies rather than Marae preparedness. She thought it was great that Whanūa’s now had a plan in place as it had not been something a lot of people had thought about.
Mayor Hicks enquired about how community plans were communicated which raised brief group discussion.
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27 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
Mr McKay also noted that Ms Curd had also been promoted to Team Leader in the EMS team and had recently received her Master’s Degree in Emergency Management. The Committee congratulated Ms Curd on her successes.
Response Mr Sinclair spoke to the snow event at the end of September saying EMS worked with the Rural Support Trust to help farmers that were still lambing. The following weekend seen consistent rain and flooding around the Invercargill, Otatara, Riverton, and Mokoreta coastal areas which required the ECC to open for 24 hours. On Monday morning there was still some clean up to be done in Otatara and Mokoreta.
The COVID-19 resurgence had an impact on the ability to run CIMS courses. They have now resumed some small courses, and were able to conduct online training during the COVID-19 lockdown. A further two CIMS4 courses were planned to happen before Christmas also.
Southland Lifelines met on 18 November and they had a presentation from Lisa Roberts who is the National Co-ordinator. He said the meeting was very good and Colin Young from the Catchment Division also attended and gave a presentation on the flood protection systems in Southland.
Mr Sinclair reported that next year the EMS team were upgrading their radios which were 15 years old and out of date. He said that they were looking at updating them with Tait radios similar to the ones that other emergency organisations use, so they will be compatible with their systems also. The radio repeaters in the region were tested and they were still working and provided good frequency.
The Chair mentioned that it was wise to build climate control into the planning as it is being predicted that we will get more climate control events in future.
Mayor Tong commented that as infrastructure was upgraded it needed to be put in with a greater capacity to handle the big downpours of stormwater. He also noted that it was good to get the young people involved.
Deputy Mayor Clarke raised the concern about not having water tanks at the Stadium in the event of an emergency. He didn’t feel that water tankers would be sufficient in the event of an earthquake. Mr McKay replied that this was investigated last year, and to add water tanks that could be used to flush toilets etc. would be prohibitively costly, rarely used and hadn’t been approved. The only time water would be a problem at the Stadium would be in a large event such as when the Alpine Fault ruptured and thousands of people were accommodated at the Stadium. It was felt that the use of tankers was a more practical solution. Water storage tanks being installed at the Muirihuku Marae was considered a wiser asset as this centre would be utilised more regularly with it having accommodation facilities for other events. Unfortunately, it was too costly when the Stadium was being built to include these in the plans also. The Chair said that there was a plan in place that would hopefully be sufficient if the need ever arose. Group discussion followed this topic.
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28 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
Resolved:
Moved Mayor Hicks, seconded Mayor Tong, that the Southland Civil Defence Emergency Management Group note the report.
Carried
Item 5 – COVID-19 Update
EMS were keeping a watching brief on the situation and were prepared should another resurgence in the community occur Mr McKay said. During lockdown it was difficult to find staff for the ECC as a lot of the people trained were considered as being in the ‘at risk’ category and couldn’t come in. Since then more people had been trained and it is recommended that all Councils new staff receive basic training in Emergency Management for future events.
Resolved:
Moved by the Chair, seconded Mayor Hicks, that the Southland Civil Defence Emergency Management Group note the report.
Carried
Item 6 – February 2020 Flood Update
Mr McKay spoke to this item saying the emergency plans and processes all ran well during the flood event. He said it was unbelievable what the EMS team and the community accomplished during this time and gave praise to all involved. It was great to see the community step up when they were needed to get through the emergency event. After the flood event COVID emerged and the region quickly went into lockdown which also ran smoothly. There was a huge willingness to get the job done around the region and all the costs had been covered. Good feedback had been received around the organised and professional manner in which both events were handled.
The Chair commented that it was important that the work that Ms Curd was doing in the community continued for future events.
Resolved:
Moved Mayor Tong, seconded Mayor Hicks, that the Southland Civil Defence Emergency Management Group note the report.
Carried
Page 6
29 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
Item 7 – AF8 [Alpine Fault magnitude8]
The AF8 project had received limited input from Mr McKay over the past six months as he did not have the capacity. The EMS team took on this work in his stead and he was impressed at the amount and level of work that had been done by the team and praised them for their efforts.
Mr McKay also raised that Alice Lake-Hammond (Project Lead) was on a rolling fixed term contract based in Dunedin. He said her contract was due to end and felt that her position needed to be made permanent as the work that she was doing was invaluable.
Ms Lake-Hammond had recently worked with MBIE to deliver seismometers to schools around the South Island. A supporting lesson plan was presented and the students were then shown how to use the seismometers and link them to the national network.
Kristi Blenkhorn who is also based in Dunedin had been working with all six South Island groups to produce a set of consistent plans to cover the first seven days of a future Alpine Fault rupture. It is hoped that all of the plans will be complete by June 2021.
Quake Core had received another funding bid for a total of $4.2 million each year for eight years and would continue its ongoing support of the AF8 project. The current financial year will also see six South Island CDEM Groups provide seed funding of $100,000 each. This ongoing commitment was included in each organisations long term plans along with further funding from the Earthquake Commission to the value of $100,000.
Mr McKay raised his concerns about the project and what would happen when he left.
The Chair commented that there hadn’t been a lot of interest at a Governance level at Councils and he felt they should, as they will all be affected if the Alpine Fault Ruptured.
There was a national earthquake framework being written by NEMA and Mr McKay understands that is on hold at the moment. He was uncertain where NEMA were going with hazard specific planning or if they would go back to the all hazards all risks generic planning like it used to be. Mr McKay felt that they needed to present the AF8 Plan to NEMA for their consideration. Mr Chambers spoke saying Matt Kerr who was on secondment from NZDF was the person who had been involved in that planning at a national level. He had now returned to NZDF and there were new recruits being employed, but NEMA was still being structured and Mr Chambers wasn’t sure who would be taking over this work in the future. Following this meeting Mr Chambers will send minutes to the CE and he will raise these issues with her.
Mr McKay brought to the Chair’s attention that CEG had recommended inviting the new Minister Hon Kiri Allan to come down and be briefed on the AF8 Project. The Chair agreed to write a letter inviting her down to attend a briefing.
Mr McKay recommended in his proposal that all the CDEM groups in the South Island continue to contribute a total of $100,000 to the AF8 Project and include it in their LTP’s. This would create seed funding for the future. He then asked the question if the AF8 Project should remain in Southland. The group felt it should remain in the
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30 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
Southland Region. This was important because so many people would be affected around the South Island if the Alpine Fault ruptured, and Southland would be the least effected area. This puts Southland in a good place to lead and respond should it happen. Mrs Cook then asked if the AF8 planning could be used in other earthquake events. Mr McKay said that any work being done on AF8 planning can be used for other events and any planning makes it easier for an event.
The group recommended that a letter was written to the new Minister and New Director Caroline Schwalger to come down and discuss it.
Resolved:
Moved Mayor Hicks, seconded Deputy Mayor Clark, that the Southland Civil Defence Emergency Management Group note the report and as a result of the report ask the chair to write to the Minister and director inviting them to come and meet by end of January. Carried
Item 8 – EMS Long-term Plan Proposal
Mr McKay said that he had proposed that each Council pay $50,000 per year for ten years to rebuild the reserves. The CEG meeting recommended $100,000 for five years to rebuild the reserve funds faster and cap it at $500,000. At the time of the meeting the EMS Manager had presented in person to the Invercargill City Council and Southland District Council and received positive feedback.
Resolved:
Moved Mayor Hicks, seconded Deputy Mayor Clarke, that the Southland Civil Defence Emergency Management Group:
1. note the report;
2. approve the proposal to re-build the EMS reserve over the first five years of the Long-term Plan;
3. approve the proposal to cap this reserve at $500,000;
4. approve the proposal to make permanent the AF8 programme lead position.
Carried
Item 9 – Next Meeting
The Chair said that this will be decided at a later date.
Resolved:
Moved Mayor Hicks, seconded Deputy Mayor Clarke, that the Southland Civil Defence Emergency Management Group meet again in six months’ time, the exact date to be finalised after considering representative availability.
Carried Page 8
31 Southland Civil Defence Emergency Management Group Meeting – 23 November 2020
10 Extraordinary and Urgent Business
There was no extraordinary or urgent business considered by the meeting.
11 Public Excluded Business
Resolved:
Moved Chair, seconded Mayor Tong that in accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest/s protected by section 6 or section 7 of that Act (or sections 6, 7 or 9 of the Official Information Act 1982, as the case may be), the public be excluded from the following parts of the proceedings of this meeting, namely:
Confirmation of Minutes of meeting of 17 February 2020
The general subject of the matters to be considered while the public is excluded, the reason for passing this resolution in relation to the matter, and the specific grounds for excluding the public, as specified by Section 48(1) of the Local Government Official Information and Meetings Act 1987, are set out below:
Grounds General Subject Matter Reason for Passing the under Resolution S. 48(1)
Confirmation of Minutes Avoid prejudice to measures S.7(2)(d) of meeting of protecting the health or 17 February 2020 safety of members of the public.
It is further moved that Nichola Baxter be permitted to remain at this meeting, after the public has been excluded, because her knowledge will be of assistance in relation to the matters to be discussed.
Carried
Resumed in Open Meeting
Termination
The Chair will write a letter of thanks to Sarah Stuart-Black as well as a letter welcoming the new Minister to her role.
Thanks to Mr Chambers for input and Mrs Cook and Ms James for attending.
There being no further business, the meeting closed at 10.49 am.
Page 9
32 Minutes of the Strategy and Policy Committee (Rautaki me Mahere) Meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Wednesday, 25 November 2020, at 9.00 am ______
Present: Cr E Roy (Chair) Chairman N Horrell Cr R Guyton Cr L Ludlow Cr L McCallum Cr B Mager Cr L Esler Cr A Baird Cr D Stevens
Also Present: Mr S Bull (Iwi)
Staff Present: Mr R A Phillips (Chief Executive) Mrs L Hicks (Policy & Planning Manager) Mrs W Falconer (GM Strategy and Engagement) Ms R Millar (Strategy and Partnerships Advisor) Mrs B Lawrence (Programme Manager, People Water and Land) Mrs E Hendriks (Iwi Policy Officer) Mrs V Collard (Senior Policy Planner) Mr O West (Team Leader Ecosystems Drivers) Mrs A Henderson (Senior Communications Co-ordinator) Mrs T McCann (Communications Co-ordinator – Publications) Ms K Harper (PA - minutes)
1 Welcome (Haere mai)
The Chair welcomed everyone to the Strategy and Policy Committee meeting for November including the wider public via livestream.
2 Apologies (Nga Pa Pouri)
Resolved:
Moved Chairman Horrell, seconded Cr Mager that an apology for absence be recorded on behalf of Cr P McDonald.
Carried
3 Declarations of Interest
There were no declarations of interest made at the meeting.
Environment Southland is the brand name of Southland Regional Council 33 Strategy and Policy Committee – 25 November 2020
4 Public Forum, Petitions and Deputations (He Huinga tuku korero)
There was no public forum, petitions or deputations presented at the meeting.
5 Confirmation of Minutes (Whakau korero) – 14 October 2020
Resolved:
Moved Cr Stevens, seconded Cr Ludlow that the minutes of the Strategy and Policy Committee meeting, held on 14 October 2020 be taken as read and confirmed as a true and correct record.
Carried
6 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
6.1 Supplementary Reports
There were no supplementary reports tabled for inclusion in the agenda.
6.2 Other
There were no other items of business raised for inclusion in the agenda.
7 Questions (Patai)
There were no questions asked by the meeting.
8 Chairman and Councillors’ Reports (Nga Purongo-a-Tumuaki me nga Kaunihera)
Neither the Chairman nor any Councillors presented a report to the meeting.
9 General Manager, Policy, Planning & Regulatory Services Report – 20/S&P/101
Item 1 – People Water and Land Programme Te Mana o te Tangata, te Wai, te whenua Values and Objectives Package
This item was for Council to ‘approve in principle’ the outputs of the Values and Objectives package of the People, Water and Land Programme Te Mana o te Tangata, te Wai, te Whenua. These outputs set the direction for the Regional Forum’s work in Phase Three, to develop advice for Council and the Te Ao Marama Inc Board, on how to achieve the draft freshwater objectives for Murihiku Southland.
Page 2 34 Strategy and Policy Committee – 25 November 2020
It was explained that the Values and Objectives package was a key step in the journey and set the scene to carry on to the next steps, one of which was an assessment of the new National Policy Statement. Councillors noted the innovation and huge steps forward in bringing this to the table today, and thanked all staff involved in bringing the community and Iwi workstreams together.
In response to a question ensuring the Regional Forum, Councillors and the community were at a place of understanding around the work of the Values and Objectives package of the People, Water and Land Programme, Mrs Lawrence explained that staff and Iwi had worked closely with the Regional Forum over the last 2 years to build their knowledge. She noted that knowledge sharing and learning for staff, the Regional Forum and Councillors was a priority. The same knowledge was shared amongst all groups, mostly through workshops.
It was expressed that it could be useful to bring the Land Sustainability, Consents and Compliance teams alongside the Regional Forum to help bring the Values and Objectives down to usable and workable solutions on farm. Regarding thorough and consistent communication with the community, Mrs Henderson advised an email would be sent to Councillors following the meeting that would assist in talking with their communities. A media release was being prepared. Subsequent media releases were planned and would be geared in providing the community with information.
Resolved:
Moved Cr Ludlow, seconded Chairman Horrell, that Council receive the outputs of the Values and Objectives package and:
1. direct the Regional Forum (supported by staff) to commence the assessment of the implications of achieving a state of hauora (well- being) for water across the region within a generation (25-30 years) and to inform the recommendations around potential interim targets within that period;
2. note that a plan is being developed for the Regional Forum to test options for achieving the above in a staged way; to engage with the community; and to report regularly to Governance;
3. acknowledge that the Values and Objectives package along with the new requirements of the National Policy Statement for Freshwater Management 2020 will inform a future plan change to the proposed Southland Water and Land Plan;
4. note that the Values and Objectives package will help inform Environment Southland strategy and programmes of work to achieve measurable outcomes for freshwater, and to inform an associated communication and engagement plan.
Carried
Page 3 35 Strategy and Policy Committee – 25 November 2020
Item 2 – Update on the proposed Southland Water and Land Plan Appeals
The purpose of this item is to inform the Council of the progress of the Environment Court appeals on the proposed Southland Water and Land Plan (pSWLP).
Mrs Collard reported that a fourth interim decision on the objectives had been issued by Judge Borthwick earlier in the month. Policies that were part of the Topic A hearings would be addressed alongside the Topic B rules. A further Section 32AA evaluation of the policies and rules would happen as part of the mediation process.
Staff were currently in the process of mediation planning in order to meet the timetable set by the Court, which mandated that all mediation is completed by 1 June 2021. Staff were also undertaking assessments of the provisions against National Environmental Standards and the new National Policy Statement 2020.
In response to a question it was advised staff had requested that Invercargill was the prime location for mediation where possible. People outside of Invercargill would be able to join via Zoom digital.
Regarding Objective 18, Mrs Hicks explained there had been discussion around Objective 18 over the last few months. The finalised version in front of Councillors at this meeting was an agreed version, further implications of this change would be covered in the Topic B discussions.
Responding to comments, Mrs Collard advised prior to mediation on topics including the one addressing the farming rules of the plan, the Consents and Compliance teams, as well as the Science team, would be consulted with to assist in reaching the best outcomes possible.
Councillors noted that at the end of this process, Council would have an excellent Plan that would strengthen polices, rules and set a strong basis for the limit setting to come.
Resolved:
Moved Cr Stevens, seconded Cr Baird, that Council:
1. note the progress of the proposed Southland Water and Land Plan in the Environment Court;
2. note the process for resolving the remainder of the provisions through mediation and hearings.
Carried
Item 3 – Winter Air Quality Monitoring and Progress towards National Environmental Standards for Air Quality
This item updated Council on the winter air quality monitoring results and airshed progress towards compliance with the National Environmental Standards for Air Quality (NESAQ). Mr West advised that the PM10 monitoring for Invercargill and Gore for the winter 2020 season recorded exceedances above the National Environmental Standards for Air Quality
Page 4 36 Strategy and Policy Committee – 25 November 2020
(NESAQ) limit of 50 micrograms per cubic meter over 24 hours. There were 13 exceedances in Invercargill and three in Gore, a slight increase on exceedance recordings in 2019. Although the average concentrations were decreasing slightly it was a slow process in reaching the desired PM10 standard. Mr West further advised that the NESAQ were under review and according to MfE, the review was not likely to reach a gazetting stage until September 2021. The review would present a new target standard for air quality of PM2.5. With respect to this, Mr West advised that monitoring of PM2.5 concentrations was being conducted in Invercargill, Gore and Winton. Early monitoring results showed good results from Winton however Invercargill and Gore were unlikely to achieve the proposed PM2.5 standard at this stage. Future monitoring would include both PM10 and PM2.5 levels in Invercargill and Gore. PM2.5 monitoring at Winton would continue for at least one more winter season.
Mr West noted that monitoring that had been done by another agency at Mataura showed that air quality was unlikely to achieve the proposed PM2.5 standard. He advised that Council would be installing a monitoring site at Mataura for the 2021 winter season to undertake further investigations.
Regarding future work, Mr West highlighted key points as being continued monitoring, development of the Air Quality Strategy for the Long-term Plan, and better understanding of public perceptions of air quality along with the social aspects of good or bad air quality.
Responding to a question around good monitoring results at Winton, Mr West explained that the smaller population and potentially the types of heating used were factors. At Gore, types and uses of heating along with topography were contributing factors to the exceedances recorded there.
It was asked whether indoor air quality was currently being monitored by staff. Mr West advised that the focus was on ambient air quality. He explained that a working group had been formed involving researchers from GNS and NIWA who were looking into indoor air quality.
With regards to coal use and in response to a question, Mr West noted that a complete ban on coal use would result in a significant improvement in air quality in Southland. Discussion followed around the continual need for community education and assistance in using the right fuels in the right burners.
In response to a question Mr West highlighted that a new air quality position dedicated to education and community engagement would be the next most beneficial tool for the organisation. Other councils had made significant advancement and improvement in their air quality spaces by having a person in this type of role. Another aspect would be to look closely at regulations around coal use, the sooner the better as the phase out timeframe for burners that were still able to burn coal was 2034.
Mr West explained that staff had an indication of non-compliant burners that may be being used through the Emission Inventories, which was based on Invercargill City Council records and Census information. This was an estimate however as it would be difficult to ascertain a more definite number. Although the interest free loan system was in place through the City Council, it was noted that another system to encourage people to replace older burners might need to be considered. This could be financial, wood supply, or a
Page 5 37 Strategy and Policy Committee – 25 November 2020
combination of both. Mr West noted that there was a wealth of information on Environment Southland’s Breathe Easy website.
Discussion returned to the possibility of creating a new air quality role dedicated to community engagement and education. Councillors agreed this would be beneficial and that the time to do this was now as part of Long-term Plan discussions.
Resolved:
Moved Chairman Horrell, seconded Cr Mager, that Council note the results of winter air quality monitoring in 2020 and the planned next steps.
Carried
Item 4 – Policy and Planning Division Work Programme including External Agency Reports
This item was prepared to allow the Policy and Planning Division work programme to be reviewed on a regular basis, and to receive reports and discussion papers from external agencies that may be of interest to Council.
Mrs Hicks took this opportunity to thank all staff involved in the preparation of the Section 32AA report.
Policy and Planning staff were heavily involved in the implications of the Essential Freshwater package and what it meant for Council and the People, Water and Land programme. This also fed into the Regional Forum.
The Coastal plan would be continued in the New Year. Updates would be provided to Council.
The draft Regional Land Transport plan had been edited to reduce some of the content with background information being included in the appendices. The programme section had been drafted and was to be presented at the combined Regional Transport Committee workshop later in the week.
Five kilometres of the Cycle Trail had been constructed with the next phase to commence in December, weather permitting.
The Cruise Ship negotiations were almost complete. One provider had signed the deed for the remainder of this season. It was expected that the remainder of the industry could sign the deed pre-Christmas.
Resolved:
Moved Cr Stevens, seconded Cr Baird that Council note the Policy and Planning Division Work Programme including External Agency Reports.
Carried
Page 6 38 Strategy and Policy Committee – 25 November 2020
10 Extraordinary and Urgent Business (Panui Autaia hei Totoia Pakihi)
There were no items of extraordinary or urgent business considered by the meeting at this time.
11 Public Excluded Business (He hui Pakihi e hara mo te iwi)
There was no public excluded business included on the agenda.
Termination
There being no further business, the meeting closed at 10.25 am.
Page 7 39 Minutes of the Regulatory Committee Meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Wednesday, 25 November 2020, at 1.00 pm ______
Present: Cr NMG Cook (Chair) Cr A Baird Cr L Esler Cr R Guyton - from 1.04 pm Cr L McCallum Cr B Mager Cr D Stevens Chairman Nicol Horrell
Staff Present: Mr R A Phillips (Chief Executive) Mr S Mapp (Compliance Manager) Mrs L Hicks (Policy & Planning Manager) Ms A Grant (Consents Manager) Mr B Rickertsen (Digital Media Coordinator) Mrs J M Brown (Executive Assistant)
1 Welcome (Haere mai)
The Chairman welcomed members to the meeting of the Regulatory Committee.
2 Apologies (Nga Pa Pouri)
Resolved:
Moved Cr Baird, seconded Cr Mager, that an apology for absence be recorded on behalf of Mr J McPhail.
Carried
3 Declarations of Interest
Cr McCallum advised that he had lodged a consent relating to his personal farming activities, and it was currently being processed. This application did not relate to any items on the agenda, he just wished to ensure all were aware.
4 Public Forum, Petitions and Deputations (He Huinga tuku korero)
There were no Public Forum, Petitions or Deputations presented to the meeting.
Environment Southland is the brand name of Southland Regional Council 40 Regulatory Committee Meeting – 25 November 2020
5 Confirmation of Minutes (whakau korero) – 2 September 2020
Resolved:
Moved Cr McCallum, seconded Cr Stevens, that the minutes of the Regulatory Committee meeting held on 2 September 2020 be taken as read and confirmed as a true and correct record.
Carried
6 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
6.1 Supplementary Reports
There were no supplementary reports tabled for inclusion in the agenda.
6.2 Other
There were no other items of business raised by Councillors for inclusion in the agenda.
7 Questions (Patai)
There were no questions.
8 Chairman and Councillors’ Reports (Nga Purongo-a-Tumuaki me nga Kaunihera)
Neither the Chairman nor any Councillors presented reports.
9 Staff Report – 20/RC/102
Item 1 – Annual Compliance Monitoring Report
This item was prepared for the Committee to consider the 2019/20 Compliance Monitoring Report before recommending Council note the report prior to its public release.
In speaking to the report, Mr Mapp noted that during the COVID-19 pandemic lockdown a different and more stringent classification criteria had been applied to incidents in deciding whether or not they should be attended, to ensure the health and safety of staff. This had resulted in more incidents being given a lower priority than in past years.
In addition to the report itself, a small infographic had been produced, providing highlights from the report itself.
[Cr Guyton attended the meeting at 1.04 pm]
Page 2 41 Regulatory Committee Meeting – 25 November 2020
In speaking favourably to the report, Cr McCallum noted the following matters that could be addressed, prior to the report being finalised:
the photograph on the front page to be updated to ensure the stick shown does is not mistaken for a leak; page 7 – refer to the 18/19 season as opposed to the 2019 season – as planting occurs in the 2018 season with feeding-off occurring in the 2019 season; suggested adding the NZ Standard to the graph on page 10, to give a clearer picture of what it was showing; pages 15, 17 and 28 (recorded through yellow, green and red colours – the messaging is confusing as to whether there is adherence to consent conditions or not – consistency is required page 28 - with regard to the comments re consent conditions – was the colour appropriate? acronyms used on the last page (EO and AN) to be out in full
In considering the report Cr McCallum noted that although there appeared to have been more non-compliance with consent conditions this year, this did not translate into more environmental mismanagement – rather it related more to lack of data supply in many instances.
Chairman Horrell referred to the “amount of red” showing in relation to urban sewage schemes, and asked for assurance from staff that those schemes were being treated the same as other non-compliers. Mr Mapp reminded the meeting that non- compliance was dealt with by using the full suite of enforcement options available to Council. This ranged from directive (warnings) through to prosecutions. The approach taken was to ensure compliance occurs in the best possible way. With regard to sewage over-flows and stormwater issues – often these were beyond the consent-holders foreseeability, and it is what is being put into those systems by others that caused the problems. However, despite this, ES staff are in constant contact with their TA colleagues and work with them to ensure compliance.
With regard to the non-compliance for industrial stormwater and sewage matters, Mr Mapp advised that all of those matters were self-reports, which were required by their consent conditions. At the time of an incident the TAs undertake their investigations and supply Council with all of the information, which is subsequently audited.
Resolved:
Moved Cr Mager, seconded Cr Guyton that Council note the 2019/20 Compliance Monitoring Report prior to public release.
Carried
Item 2 – Environmental Compliance Division Report – 14 August 2020 to 6 November 2020
This item reported on the compliance activities undertaken during the period 14 August to 6 November 2020 inclusive. The report also included a Compliance Plan for the 2020-
Page 3 42 Regulatory Committee Meeting – 25 November 2020
2025 period, which Mr Mapp noted was an attempt to show the public and Council what staff would be focusing on for the coming years.
In speaking to the Plan, Mr Mapp noted the change in emphasis from this year compared to the last, and how the work plan assisted staff in prioritising its workloads.
The meeting then turned to the Compliance Behaviour Change in the Dairy Sector – a Pilot Study of the Southland Region. In speaking to the report Mr Mapp noted that often the “squeaky wheels” get the attraction, and the development of this report had helped to address that situation. The report addressed questions as to how fair and reasonable people had felt they were treated when they were involved in an incident; how they considered their own attitude towards compliance in the wider scheme, and how it had shifted in the past year.
Given the report only had a low sample rate response, due to the COVID19 lockdown and delays in getting the report compiled, it appeared there was overwhelming support for compliance and the industry. It was also evident that people want to be compliant. To assist this staff were focusing on ensuring people on the farm were aware of their consent conditions and how they can comply.
Mr Mapp also advised of a self-assessment programme with auditing in place, that was being trialled with a top performer, as part of a new programme of work, and if successful, would be translated out to approximately 50 consent holders going forward.
Cr Guyton congratulated staff on the report, and was encouraged by the focus on asking “why” questions. Cr Baird also congratulated staff on the report, and felt the results showed a growing maturity amongst consent holders and growing understanding of what is expected of them.
Cr Cook felt the report had also help to address many questions that were being asked around the Council table.
Resolved:
Moved Chairman Horrell, seconded Cr McCallum that Council note the Environmental Compliance Division report for the period 14 August 2020 to 6 November 2020.
Carried
Item 3 – Consents division Activity and Performance – 14 August 2020 to 10 November 2020
This item reported on the activity and performance of the Consents Division during the reporting period, and Ms Grant spoke to the report, highlighting key matters, including the fact that large notifications relating to the Gore District Council bridge application and the Alliance Mataura were due to be heard in coming weeks.
Further, the NPS and NES have taken priority for the team during this period, including the number of enquiries being dealt with by staff, which have increased by 20%. Given the complexity of the matters being considered, often the responses required are taking
Page 4 43 Regulatory Committee Meeting – 25 November 2020
more than the half hour free provided to potential applicants, which will have an impact on the advice and education budget for the division. Further applications being lodged are taking more time and more feedback is being required with consultants and applicants in checking through applications.
With regard to the NES requirements for Intensive winter grazing and feed pads, there is much interest in the community as to when the doors will be open for processing intensive winter grazing consents. Staff were waiting for information from MfE on what Farm Environment Plans will look like, as well. It was hoped to have clarity around the IWG consenting within the next two weeks. A number of councils have obtained legal opinions about processing applications before rules are in place, and all were conscious of the need for the community to have certainty.
Councillors urged simplicity being a key factor going forward and it was noted that staff were working nationally to look at what pathways could be simplified. However, it was important to be aware that some pathways would not be simple, depending on what individuals were doing on their properties and what rules were triggered.
Staff acknowledged that the delays in the finalising of the Water & Land Plan through the Environment Court, and the new legislation meant that all were working in a complex situation. Staff could only work with the tools they were provided with, and the law as it currently stood. The expectations from central government were clear, which was adding to the challenging area that was being worked in to improve water quality.
In response to Cr Baird’s questions about staff being available to deal with potentially large quantities of applications, Mr Phillips noted that staff were already fully committed. Discussions were occurring with central government about the potential need to process 1500 applications for possibly an 18-month period, but until there was greater clarity around what was being required, plans were being put in place to address this.
Cr Cook noted that the legislation changes were impacting on people who have not been involved in consenting processes in the past, which was leading to some unease. Ms Grant agreed, but noted the quality of applications had increased compared to the same period last year. Some are being very proactive in feeding information through compared to others, but there was definitely a better flow of information between consultants, applicants and the consents team. It was noted during the reporting period nine applications were returned, and these were not related to the NPS/NES requirements.
Cr McCallum was concerned that work was not being done in the background to support the direction that Government wished to head in. He felt there was no dispute about the direction, but the need for clarity and well thought-out direction was an issue, and it was placing Council “in the middle”.
Page 5 44 Regulatory Committee Meeting – 25 November 2020
Resolved:
Moved Cr McCallum, seconded Cr Stevens, that Council note the activity and performance of the Consents Division during the 14 August 2020 to 10 November 2020 period.
Carried
10 Extraordinary and Urgent Business
There were no items of extraordinary or urgent business considered by the meeting.
11 Public Excluded Business
There were no items of public excluded business considered by the meeting.
Termination
There being no further business, the meeting closed at 1.52 pm.
Page 6 45 Minutes of the Organisational Performance and Audit Committee (Arataki Mahi me Tätaki Kauta) Meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Thursday 26 November, at 9.00 am ______
Present: Cr L Ludlow (Chairman) Cr A Baird Cr N Cook Cr J McPhail Chairman N Horrell (ex-officio)
In Attendance: Mr R A Phillips (Chief Executive) Ms A Kubrycht (Acting General Manager, Corporate Services) Mrs W Falconer (General Manager, Strategy & Engagement) Mrs T Hawkins (Finance Manager) Mrs L Tamati (Communications & Engagement Advisor) Mr B Rickertsen (Digital Media Co-ordinator) Mrs M Weston (PA)
1 Welcome (Haere mai)
The Chairman welcomed everyone to the Organisational Performance and Audit Committee meeting for October 2020 and those attending the live stream of this event. A special welcome was extended to Ms Kubrycht, who is appointed in the interim acting General Manager for Corporate Services.
2 Apologies (Nga Pa Pouri)
Resolved:
Moved Cr Cook, seconded Cr McCallum that an apology for absence be recorded on behalf of Mr Robertson.
Carried
3 Declarations of Interest
There were no declarations of interest raised at the meeting.
4 Public Forum, Petitions and Deputations (He Huinga tuku korero)
The meeting discussed, whether there was opportunity to extend invitations to people, who would come and address the Committee on any items or matters related to the Committee. Councillors agreed to seek advice from Mr Robertson on this matter.
Environment Southland is the brand name of Southland Regional Council 46 Organisational Performance and Audit Committee – 26 November 2020
5 Confirmation of Minutes (Whakau korero) – 14 October 2020
Resolved:
Moved Cr Cook, seconded Cr Baird, that the minutes of the Organisational Performance and Audit Committee meeting held on 14 October 2020 be confirmed as a true and correct record. Carried
6 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
6.1 Supplementary Reports
There were no supplementary reports tabled for inclusion in the agenda.
6.2 Other
No other items were raised for discussion.
7 Questions (Patai)
No questions were asked at this time.
8 Chairman and Councillors’ Reports (Nga Purongo-a-Tumuaki me nga Kaunihera)
Neither the Chairman nor any Councillors presented a report to the meeting.
9 General Manager of Corporate Services Report – 20/OPAC/103
Item 1 – Financial Report to 31 May 2020
This item provided Council with a new format of financial reporting and covered the quarter from 1 July 2020 to 30 September 2020.
The surplus for the quarter was $1.9 million which was $2 million better than budget. Expenses were $594,000 below budget; other income was $414,000 above budget, while investment income finished $1 million above budget.
Reasons given for this variance, which was not expected to be permanent, included the following:
Travel Expenses, conferences and training courses continue to be reported and tracked by the Executive Team as staff are encouraged to use alternative tools e.g. zoom, where possible Compliance monitoring costs were ahead of what was expected
Page 2 47 Organisational Performance and Audit Committee – 26 November 2020
Councillors commented favourably on the new format of the financial reporting and thanked Mrs Hawkins and the finance team. Any further suggestions/changes from the Committee on the financial reports were encouraged and would need to be communicated to Mrs Hawkins and Ms Kubrycht.
Resolved:
Moved Cr McCallum, seconded Cr McPhail, that Council resolve to note the financial report to 30 September 2020.
Carried
The meeting agreed to deal with item 4 at this time.
Item 4 – Long-term Plan Progress Report
Every three months Council receives a progress report on the status of the work programmes as set out in the Long-term Plan. The new format in the progress report was discussed, noting the responsible reporting divisions were identified against each Level of Service.
Item raised included: The need to see “tracked changes” related to the commentary on quarter by quarter and how this should be presented to the Committee The number of ambers which appear, noting that some will continue to remain amber for the remainder of the year Improvements made to the narrative in the report Some of the measures for the LTP were aspirational and therefore difficult to achieve The upcoming Long-term Plan was briefly discussed; and how these levels of service may change to reflect the work which is being done, including the service which Environment Southland provides
Resolved:
Moved Chairman Horrell, seconded Cr Baird, that Council note the three-monthly Long-term Plan activity progress report for the 2020/21 year.
Carried
Council returned to item 2 – Investment Report to 30 September 2020.
Item 2 – Investment Report to 30 September 2020
Tanea Hawkins spoke to this item of the Investment Report, which recorded that as of 30 September 2020, the total of Council’s managed fund investments amounted to $26,438,559.
The balance reflected the following changes to the portfolio from 1 July 2020:
Page 3 48 Organisational Performance and Audit Committee – 26 November 2020
cash withdrawal of $3 million (which is an advance to fund this year’s deficit) increase in value of $1.1 million
Despite a weaker month across equity markets, the portfolio managed to generate a positive return of +0.02% or $12,770. For the rolling 12 months, the portfolio returned a 7.48% or $1,453,271.
Total investment surplus for the year to 30 September 2019 of $1,323,227 is favourable to budget by $990,847.
An invitation to address the Committee at one of the its next meetings, is to be extended to JB Were’s Portfolio Managers.
Resolved:
Moved Chairman Horrell, seconded Cr McCallum, that Council note the investment report to 30 September 2020. Carried
Meeting adjourned at 10.07 am, to 10. 25 am.
Item 3 – Civic Financial Services Limited – Half-Yearly Accounts to 30 June 2020
Amy Kubrycht provided Council with a brief update on the half-yearly report for Civic Financial Services Limited.
It was reported that 73 staff members had investments of $3.543m in the SuperEasy KiwiSaver; and 45 staff members had invested $2.579m in the SuperEasy Superannuation Scheme.
Cr Baird highlighted a referencing error in the Financial Statements reflected in the agenda on pages 32 and 33, in the heading column - the “$M” signs were incorrectly placed. This information would be feedback to Civic Financial Services Limited.
Resolved:
Moved Cr Horrell, seconded Cr McPhail, that Council receive the Civic Financial Services Limited half-yearly accounts to 30 June 2020.
Carried
Item 5 – Annual Activity Plan
The Annual Activity Plan was presented in table form, along with a work programme of to-be-developed reports which covers a range of standard, operational, statutory, risk and deep dive items.
The 2021 Council calendar would be distributed before Christmas. Councillors acknowledged that should items need to be addressed prior to their next meeting, an extraordinary meeting will need to be called.
Page 4 49 Organisational Performance and Audit Committee – 26 November 2020
Due to Regional Services Holdings Limited (RSHL) Annual General Meeting being held today, the Annual Reports will be presented at the next meeting of the Organisational Performance and Audit Committee (OPAC) in February 2021.
The committee agreed to include the aged debtors report in the second (Q2) and fourth (Q4) quarter, noting that any potential issues would be brought to the attention of Council.
Further items of discussion included:
top risks which need to be defined and integrated with the broader risk management framework – this would be addressed in a workshop planned for quarter one (Q1)
Resolved:
Moved Cr McCallum, seconded Cr Cook, that Council note the Annual Activity Plan.
Carried
10 Extraordinary and Urgent Business (Panui Autaia hei Totoia Pakihi)
There were no items of extraordinary or urgent business considered by the meeting.
11 Public Excluded Business (He hui Pakihi e hara mo te iwi)
Resolved:
Moved Chairman Horrell, seconded Cr Baird, that in accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest/s protected by section 6 or section 7 of that Act (or sections 6, 7 or 9 of the Official Information Act 1982, as the case may be), the public be excluded from the following parts of the proceedings of this meeting, namely:
Confirmation of Minutes – 14 October 2020 Item 6 – Divisional Update
The general subject of the matters to be considered while the public is excluded, the reason for passing this resolution in relation to the matter, and the specific grounds for excluding the public, as specified by Section 48(1) of the Local Government Official Information and Meetings Act 1987, are set out below:
Page 5 50 Organisational Performance and Audit Committee – 26 November 2020
Grounds under General Subject Matter Reason for Passing the S. 48(1) Resolution
→ Confirmation of Minutes – To enable the Council S.7(2)(i) 14 October 2020 holding the information to carry out, without prejudice or disadvantage, commercial activities.
To protect the privacy of S.7(2)(a) natural persons.
To prevent the disclosure or S.7(2)(j) use of information for improper gain or advantage.
→ Item 6 – Divisional update To prevent the disclosure or S.7(2)(j) use of information for improper gain or advantage.
It is further moved that Rob Phillips, Amy Kubrycht, Wilma Falconer, Gail Jefferies, Tanea Hawkins, Lucy Hicks, Leeana Tamati, Boi Rickertsen, and Mel Weston be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the item they are associated with will be of assistance in relation to the matter to be discussed.
Carried
Resumed in Open Meeting
Termination
There being no further business, the meeting closed at 3.17 pm.
Page 6 51 Minutes of the Regional Services Committee (Ropu Tiaki Waka-a-Rohe) meeting of the Southland Regional Council, held in Regional House, corner North Road and Price Street, Invercargill, on Thursday, 26 November 2020, at 2.00 pm
Present: Cr J McPhail (Chair) Cr L Esler Cr L Ludlow Cr L McCallum Cr P McDonald Cr E Roy Cr D Stevens
In Attendance: Mr J Streat (GM, Operations) Mr P Haynes (Catchment Manager) Mr B Rickertsen (Digital Media Co-ordinator) Mr D McIntosh (Property Officer) Mrs N Baxter (Personal Assistant)
1 Welcome (Haere mai)
The Chairman welcomed everyone to the Regional Services Committee meeting for November 2020.
2 Apologies (Nga Pa Pouri)
Resolved:
Moved Cr McCallum, seconded Cr Ludlow that an apology be recorded on behalf of Chairman Horrell and Mr Melgren.
Carried
3 Declarations of Interest
There were no declarations of interest.
4 Public Forum, Petitions and Deputations (He Huinga tuku korero)
There was no public forum, petitions or deputations presented at the meeting.
Environment Southland is the brand name of the Southland Regional Council
52 Regional Services Committee – 26 November 2020
5 Confirmation of Minutes (Whakau korero) – 3 September 2020
Resolved:
Moved Cr McCallum, seconded Cr Ludlow, that the minutes of the meeting of the Regional Services Committee, held on 3 September 2020 be confirmed as a true and correct record.
Carried
6 Notification of Extraordinary and Urgent Business (He Panui Autaia hei Totoia Pakihi)
6.1 Supplementary Reports
There were no supplementary reports tabled for inclusion in the agenda.
6.2 Other
There were no other items to discuss.
7 Questions (Patai)
No questions were asked by the meeting.
8 Chairman and Councillors’ Reports (Nga Purongo-a-Tumuaki me nga Kaunihera)
No Councillors provided reports for the meeting.
9 General Manager of Operations’ Report – 20/RS/105
Item 1 – Draft 2021 Schedule for Annual Catchment Liaison and Regional Services Committee Meetings
Mr Haynes spoke to this item noting the meeting dates for next year and that the timetable was basically the same as the previous year.
Cr Ludlow asked if the Committee Chairs had seen the list of proposed dates for the Catchment Liaison Meetings and this was confirmed.
Cr McCallum enquired when an agenda would be available for these meetings, and was advised this would be available once the once the financial reports had been released. Cr McCallum noted that there was a growing concern around water quality issues through the NES and NPS. He raised concerns about the Makarewa River and Winton Stream that are both are heavily sedimented and “appear to be dead”. He felt that somehow these issues needed to be brought through and wondered if it should come through the River Liaison Committees. He felt that ES should be proactive and put these to the committees rather than just dealing with the day-to- day business. Mr Streat said that recently the Terms of Reference for these committees had been changed, especially for this purpose. The change to the Terms of Reference gave ES the opportunity to start the process of bringing water quality into the meetings. The agenda will more than likely
Page 2 53 Regional Services Committee – 26 November 2020
be structured in two parts, one to discuss financials and work programmes and, the other section to discuss community issues. Mr Streat also advised that Mr Haynes Catchment Team and Mrs Young’s LAWS Team would also work closer together towards these issues.
Cr’s Ludlow and McPhail both felt that the meetings needed to be more widely advertised and earlier, so that people had more time to make arrangements to attend. The Communication Team would work on the best way to advertise the meetings going forward.
It was also confirmed that the financials and budgets would be clearer and easier for the committees to understand next year.
Resolved:
Moved Cr McCallum, seconded Cr Esler, that Council note the report.
Carried
Item 2 – Catchment Operations Work Programmes
Mr Haynes gave a verbal update saying that flood repair works were still underway particularly in the Mataura and the Oreti. All the main issues were complete except one at Five Rivers, which would require a more permanent fix at a later date. The Catchment Team had made good progress through the work and stayed inside the budget, which was pleasing.
Cr Stevens enquired about gravel extraction consents in the Mataura and noted after speaking with a local that it was not an easy process. Mr Haynes explained that the consenting process was complex and advised further questions would be better answered by the Consents Team.
The Shovel Ready Project contract had recently been signed and the first quarterly claim had been submitted. ES was currently in the process of recruiting a Project Manager to run the project which would be funded by the Shovel Ready funds.
Work continues with the review of the Asset Management Plan, with a workshop planned for the following week.
The Chair enquired about flood bank ownership. Mr Haynes advised that there was a website highlighting what were ES flood banks and what was private. In most cases ES did not own the land, but owned the stop bank asset.
Resolved:
Moved Cr Ludlow, seconded Cr Stevens, that Council resolve to note the update on the Catchment Operations Work.
Carried
Page 3 54 Regional Services Committee – 26 November 2020
Item 3 – Contracts and Progress on Works
This item reported on the contracts entered into and progress on works during the reporting period.
Cr Esler enquired why willows were removed rather than trimmed as it was a large expense. Mr Haynes said that crack willow was a pest plant and quite troublesome if they were old. Willows were used in the Oreti for bank protection against erosion, but old willows could cause issues by diverting water into stop banks causing them to erode, as well as creating blockages which caused flooding. It was about river management and the team completed risk assessments on vegetation along the river ways to control the issues.
Cr Ludlow enquired about the inspection costs for the Lake Hawkins Pump Station, as the expenses were considerable. Mr Haynes said that the pumps needed to be checked daily as they ran almost every day and the screens blocked up and required clearing. The new pump station would help with this issue, but would still need to be cleared every day, which would still incur a cost.
Resolved:
Moved Cr McCallum, seconded Cr Ludlow, that COuncil resolve to note the update on Contracts and Progress on Works.
Carried
Item 4 – Lease Inspection Reports
Appended to the agenda were the September quarter lease inspections reports and Mr McIntosh said that there were no major issues identified.
Cr McCallum raised concerns about a particular lease property not having a Health & Safety Plan and enquired what could be done about it. Mr McIntosh replied that it was not part of the old lease conditions that the lessees have a Health & Safety Plan, but he was pushing for all the lessees to create a plan. Mr Streat confirmed staff were working with this particular lease holder to ensure a Health and Safety Plan was put in place.
Resolved:
Moved Cr Stevens, seconded Cr Ludlow, that Council receive the September 2020 quarter of the Lease Inspection Reports.
Carried
Item 5 – Property Working Party
No discussion arose from the Property Working Party minutes that were appended to the agenda.
Resolved:
Moved Cr McCallum, seconded Cr McDonald, that Council resolve to note the minutes of the Property Working Party.
Carried
Page 4 55 Regional Services Committee – 26 November 2020
10 Department of Conservation Verbal Update
Mr Melgren did not attend the meeting to give an update.
11 Extraordinary and Urgent Business (Panui Autaia hei Totoia Pakihi
There was no extraordinary or urgent business.
11 Public Excluded Business (He hui Pakihi e hara mo te iwi)
There was no public excluded business considered by the meeting.
Termination
There being no further business, the meeting closed at 2.36 pm.
Page 5 56
Ordinary Meeting of Council – 16 December 2020
Chairman and Councillors’ Reports
2020 December 16 - Ordinary Page 57 Meeting of Council 57
Ordinary Meeting of Council – 16 December 2020
Chairman’s Report Activities undertaken by the Chairman since the last meeting
October 2020 28 Council Workshop – Long-term Plan Development 29 South Port NZ Ltd Annual Meeting OPAC/Council Workshop – Quarterly Financial Reporting 30 Regional Sector Group
November 2020 5 Information Session – Native Plant Nursery, Waihopai Marae 6 Southland Mayoral Forum 12 Whakamana te Waituna Charitabe Trust 17 Otago Regional Council & Environment Southland Chairs & CEs meeting 18 ES Field Day – Ditchfield Property River Corridor Concept Plan meeting 19 OPAC Committee meeting Council Workshop – LTP 20 OSPRI Stakeholder Council meeting and AGM (see attached report) 21 Oreti Totara Dune Forest Opening 24 Southland Mayoral Forum 25 Strategy & Policy Committee Regulatory Committee 26 Organisational Performance & Audit Committee Extraordinary meeting of Council Regional Services Committee Meeting with Ministers in Wellington Regional Sector Dinner 27 LGNZ Regional Sector Group meeting 28 Southland Santa Parade
December 2020 1 Council Workshop – Long-term Plan 3 Ian Collier Zoom meeting 7 Beef & Lamb Farmers meeting, Winton 8 Southland Mayoral Forum 9 Intensive Winter Grazing Hui 14 Intensive Winger Grazing Working Group zoom meeting with Ministers Climate Action Plan Working Group 16 Ordinary Meeting of Council Appeals Subcommittee meeting Council Workshop – Long-term Plan Councillors Christmas function
2020 December 16 - Ordinary Page 58 Meeting of Council 58
UPDATE FOR STAKEHOLDERS FROM THE CHAIR OF THE STAKEHOLDERS’ COUNCIL The last Stakeholders’ Council meeting for 2020 coincided with OSPRI’s AGM.
Director Succession and Recruitment At the AGM, shareholders (DairyNZ, Beef+Lamb NZ, Deer NZ) endorsed the Stakeholders’ Council recommendation to elect three new Directors – Susan Huria, Nikki Davies-Colley and Michael James – each for a term of three years.
This followed a substantial programme of work we led to implement new Director succession and recruitment processes set out in recent changes to the OSPRI Constitution. This included shifting from a ‘representative’ Board to a ‘skills-based’ Board. We worked with the Board earlier this year to review the Board skills matrix and then invited the Board to evaluate their current skills relative to that matrix, to identify priority skill areas to address during recruitment of new Directors. Priority skill areas identified then included stakeholder relations (ag sector, iwi, government), governance, change leadership (in a regulatory environment) and strategic understanding.
The Constitution also requires one-third of Directors to ‘retire’ at each AGM. For 2020, Lesley Campbell ‘retired’ after serving on the OSPRI Board since it was incorporated in 2013 (after already serving on the NAIT Board since 2010). Marise James, appointed by the Board to fill a casual vacancy in February 2020, also ‘retired’. While we had two Board positions to fill, we also had the option of recruiting up to two additional Board members.
A Director Assessment Panel, with me as Chair, was established to carry out Director recruitment, to address the priority skill areas identified. We worked with a specialist Director ‘search’ adviser, to identify potential candidates before short-listing and interviewing. Following that process, we recommended three candidates to the shareholders and were very pleased all three were formally endorsed.
Filling a ‘casual vacancy’ on the Board When the Board earlier this year sought to fill a ‘casual vacancy’ (following the resignation of Mike Pohio), some inconsistency in the Constitution was revealed, essentially negating the discretion intended for the Board to fill such a vacancy. Working with the Board and OSPRI’s legal advisers, we recommended some technical changes to the Constitution and the Stakeholders’ Council rules, to remove this inconsistency. These changes were approved by shareholders at the AGM.
TB Health Check We discussed the outcome of the TB Health Check with the Board, after they recently endorsed all the recommendations of the governance group overseeing that health check. In summary, OSPRI is bringing more flexibility to accelerate TB eradication activity, to reduce longer-term risks of frequency and scale of future TB outbreaks, thereby increasing the likelihood of successfully achieving the goals of the TB programme.
While the Health Check had been scheduled a long time ago, it coincided with the Hawke’s Bay TB outbreak earlier this year. That brought into sharper relief the nature and scale of key risks to the TB Programme.
Accelerating TB eradication activity will require more expenditure in the short-term, but this can be balanced out through reduced expenditure later on, as the scale of TB risk falls away. The overall, long-term cost of the TB programme should therefore stay within current expectations, but with greater likelihood of long-term success.
NAIT Compliance We met with Gray Harrison, the MPI manager responsible for NAIT compliance, to discuss how NAIT compliance can be best carried out to ensure it supports the overall objectives of the NAIT programme. We were keen to ensure people who are genuinely trying to meet their NAIT obligations do not unwittingly fall foul of the compliance regime.
59 A summary of compliance activity was provided. The vast majority (about 96%) of infringement offences are for failing to register NAIT animals, but then only a small proportion (less than 1%) are recommended for prosecution.
Council – Board Relationship We discussed with the Board how the role of the Council (contributing to strategy and assessing the Board’s performance relative to that strategy) has evolved over the last 2-3 years and where there is room for further development. The Council’s influence is likely to be greater where the Board can see that Council feedback reflects the views of the stakeholder organisations represented. Council members noted the various ways they connect with their respective stakeholder organisations. We also noted our intention to review the way we work early next year, to further strengthen the value we can bring to OSPRI. The Board noted they intend to provide more feedback about how Council views have informed and influenced their governance.
New Members of the Stakeholders’ Council We welcomed Stuart Anderson (MPI Director of the M. bovis programme), who joined the Council as a replacement for Grace Campbell-Macdonald. As this was the first face-to-face meeting for the Council since February, we also welcomed William Beetham and Wayne Langford, as representatives from Federated Farmers (replacing Katie Milne and Miles Anderson, whose terms finished on 30 June).
Independent Chair for the Stakeholders’ Council My current term as Independent Chair will expire in mid-2021. The Council decided to reappoint me for a further three-year term.
James Buwalda Chair, OSPRI Stakeholders’ Council
27 November 2020.
60
Ordinary Meeting of Council – 16 December 2020
Performance Review (Te Arotake I te Mahi)
Item 1 Chief Executive’s Report
MORF ID: - Strategic Direction: Governance Report by: Rob Phillips, Chief Executive Approved by: - Executive Approval: -
Purpose
To provide Council with a governance overview of pan organisational current matters.
Summary
This is the Chief Executive’s report for the month of December 2020. It provides an update from all direct reports to the Chief Executive, on topical matters.
Recommendation
It is recommended that Council resolve to note the report.
Report
National/Regional Events and Issues
National Level Meetings: Since the last meeting I have been involved in a variety of Local Government New Zealand meetings, including the Regional Chief Executives and the Regional Sector Group meetings (in support of the Chairman) where the focus of attention has been on the central government water reforms.
I have also attended the Chief Executives Environment and Economy Forum (held in conjunction with the Regional CEs meeting), as well as the Envirolink Governance Group and the Science Advisory Group meetings.
Regional Level Meetings: On the local front, there have been a number of Mayoral Forums, either in person or Zoom meetings, focused on local issues. In addition, the Chairman and I met with the Chairman and Chief Executive of Otago Regional Council, at Balclutha during the month. The focus of this meeting included central government water reforms, and working more collaboratively – both between our Councils and also across the South Island.
The Organisation: Internally, I have been progressing the change proposal at tier two of the organisation. Currently, I have completed internal interviews for two roles, and we are currently recruiting for the Chief Financial Officer role. I also hope to commence recruitment for the General Manager, Integrated Catchment Management prior to Christmas.
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Intensive Winter Grazing: As Councillors are aware, following a hui with Ministers Parker and O’Connor in recent months, a Working Group focusing on the Intensive Winter Grazing issues was established. That group has met over recent months, and has been facilitated by Lucy Hicks (Policy and Planning Manager). The group is currently finalising its report back to the Ministers, which it will be delivering on Monday (14 December 2020). A verbal update on this work will be provided at the Council meeting.
Report – Policy, Planning & Regulatory Services Directorate
Policy and Planning
The Topic A matters on the proposed Southland Water and Land Plan appeals have now been concluded, with the Environment Court issuing its fourth Interim Decision. Staff are preparing for mediation to start early in the New Year and the Judge has indicated that mediation of Topic B matters must conclude by 1 June 2021.
The implications of the Essential Freshwater package are still heavily involving the Policy and Planning Team, which is working with others teams across the organisation to translate the implications into work plan development. The Southland Advisory Group, which the Policy and Planning Team has been supporting, is soon to conclude the drafting and presenting of its recommendations to Ministers.
In the New Year staff will be working with the territorial authorities and hosting a cross-Council workshop to discuss the ES Climate Change Action Plan and how to progress a Regional Climate Change Strategy. The ES Climate Change Action Plan will be presented to Council at a later date.
Consents
Current situation
There are 97 applications in progress at the time of writing this report. Eight consent applications are amid a notified process.
Current notified applications
Applicant Application and status
Castlerock Farming To take and use groundwater from the Lumsden aquifer for Company Limited irrigation. Additional aquifer testing has been completed and is now being reviewed by a Council expert. Once completed, a hearing date will be set. Alliance Group Ltd - To discharge treated meat works wastewater and condenser Mataura cooling water to the Mataura River and to take and use water for cooling and processing purposes from the Mataura River. The hearing was held 1-3 December 2020. The Council hearing report recommendation is for the application to be granted subject to a 10-year term and stringent conditions. A decision is pending.
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Applicant Application and status
Real Journeys Limited To carry out commercial surface water activities in the coastal marine area adjacent to the Fiordland National Park from Yates Point to Puysegur Point, Doubtful Sound, Fiordland. Active. Submitter has withdrawn its right to be heard. Awaiting payment of hearing deposit. A hearing date will be set for early 2021. Suelen Properties Limited Two applications to establish and operate a marine farm for the cultivation of oysters at two sites situated in Horseshoe Bay, Stewart Island and Nathans Island, Stewart Island. Hearing timeframe extended due to MPI involvement. Arrangements to schedule a hearing date to be made. Mr Peter Clinton To transfer water from the Oreti River into a confined aquifer via an injection bore and recover a portion of that recharged water from the same bore, on a short-term trial basis. This application is currently on hold to allow for a technical review. Fiordland Cruises Limited To carry out commercial surface water activities in the coastal marine area of Fiordland within Doubtful/Patea and Thompson Sounds. A pre-hearing meeting was held on 24 November 2020. A hearing date is being discussed for February 2021.
Further comments
Implementation work is underway for the NPS-FM and NES-FM in the consents space with consistent tools and approaches being worked on with other regional councils across the country. The release of the NPS-FM and NES-FM continues to have effects on the processing of consent applications, which the team is working through with applicants. This is requiring additional time to be spent on each application during processing. For some applications, the NPS-FM will have significant impacts on the processing pathway. Non-recoverable time for public enquiries due to the NPS-FM and NES-FM has increased, with the Consents Team processing 442 enquiries since 3 September 2020. Wilkins Farming Co Limited has lodged an application against Council for costs from the recent appeal. The appellant is seeking approximately $40,000 for costs towards its hearing expenses. Further direction on this matter will be made in 2021. An application from AB Lime Limited to remove the current tonnage cap was lodged on 2 June 2020 and is being processed in-house. The further information requested has been assessed by engaged experts and a notification recommendation report is being progressed. Ngāi Tahu Seafood Resources’ application, to develop approximately 2,500 hectares of coastal space for fin-fish farming, remains on hold for further information. Sanford resource consent application, to undertake marine farming of King Salmon at the south-eastern end of Foveaux Strait, remains on hold for further information. Fulton Hogan Limited – the application to extract gravel and discharge cleanfill (quarry) has been limited notified. The submission period closed on 8 December 2020. Timeframe compliance for the time period 14 October 2020 to 26 November 2020 was 100%.
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Compliance
The Compliance Division continues to progress the priorities highlighted in the Compliance Plan (Water Quality, Water Quantity, Air Quality, Coastal Activities and Incident Response):
dairy effluent monitoring – this project has slowed due to a staff vacancy, but is proceeding well; (Water Quality) groundwater monitoring programme – this is coming to an end. Results will be collated in the next few weeks; (Water Quantity) high rate water takes - the technical team is working through telemetered information, ensuring that information is captured, as per regulations. Looking at requirements under the new National Environmental Standard for Freshwater; (Water Quantity) whitebait stand inspection programme – this has been completed, with most stands compliant. Bank protection work is the major cause of non-compliance; (Coastal Activities) incidents have been reported at a similar rate as in previous years; (Incident Attendance) the 2019/20 Compliance Monitoring Report has been completed.
Harbour Management Activity
Local cruise ship company, Heritage Expeditions, undertook its first domestic cruise to Stewart Island and Fiordland on Wednesday, 25 November 2020, after signing a revised Environment Southland Deed of Agreement specifically for Heritage Expeditions. Heritage Expeditions has six scheduled cruises planned for this season. French expedition company, Ponant, is still waiting on Government approval to commence domestic cruising, but this is unlikely to happen until early next year. There are currently 31 cruise ship bookings still in place, but the number of cancellations is likely to increase if the maritime border remains closed to cruises.
The recreational boating season commenced with the Labour Weekend annual Stabicraft Fishing Competition taking place at Lakes Te Anau and Manapouri. The Maritime Team was on hand to provide coverage and support for the event. The team took part in a “No Excuses” campaign with Maritime New Zealand, aimed at targeting boaties that display unsafe behaviour on the water. It was great to have Cr Cook along for the ride on one of those days. The National Waka Ama event was also held on Lake Te Anau at the same time as the fishing classic, which made for a busy time on the water. Apart from minor incidents, boaties mostly kept to the rules over Labour Weekend, which is pleasing to note.
The Maritime Team has two Maritime New Zealand funded students starting this month to assist with boat ramp boating safety surveys around the region until the end of January 2021. The Communications Team has been busy providing safe boating messaging in the build-up to the Christmas period.
Report – Operations Directorate
Catchment Operations
The flood damage repair works are ongoing and being funded by existing budgets. All major issues have been addressed and final insurance claims have been submitted.
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The Climate Resilience (Shovel Ready) contract has been signed by Council and returned to the Provincial Development Unit. A project manager has been appointed and commences work on 7 December 2020.
Projects to commence this financial year are:
Waiau rock protection; Mataura River rock protection (2 sites); Boundary Creek stopbank upgrade; portions of the Gore stopbank upgrade; placing order for the Stead Street pumps ex Germany (26 weeks’ delivery).
Land and Water Services
Demand has been high for land sustainability and education services especially for catchment groups via Thriving Southland. The team is supporting the Thriving Catchment Co-ordinators by connecting internally across Council to key services such as the provision of science knowledge, GIS maps and information, education and citizen science activities, catchment management, biosecurity and biodiversity knowledge, regulatory advice and services and links to its governance people. The team is working in an adaptive space, working out how to best co-ordinate internally, and connect externally in a way that creates and sustains trusting relationships. This work is occurring alongside the discussions happening around the People, Water and Land Programme and work is underway in the limit-setting space. The team does this knowing that there are many other important Council and community structures and connections that it also needs to support.
The team is working to gain a better understanding of erosion risk to some of the landfills across Southland, especially from the predicted impacts of climate change. As this information is compiled, the team is looking to share it with key agencies and communities so everyone can work together to understand obligations and find solutions.
Biosecurity & Biodiversity Operations
Biosecurity
The Mataura Possum Control Area has been completed. As part of the Stewart Island/Rakiura site-led programme staff have teamed up with Waikiwi Vet Services, resulting in three domestic cats being microchipped at the first Stewart Island clinic. Additional clinics will be run throughout the year. For the third time in a row, the Mid Dome volunteer day had to be cancelled due to inclement weather. Staff have supported the Halfmoon Bay School at Stewart Island/Rakiura with a biosecurity trip to Ulva island. Using kayakers and snorkelers, a significant amount of Undaria has been removed from a reef. A non-compliance action has been started for a boat that is believed to have travelled from Bluff Harbour to Fiordland whilst in breach of the Fiordland Marine Pathways Plan clean hull rules and with suspected Undaria on the hull. A direction has been issued for the vessel to leave Fiordland and its hull to be cleaned. The vessel’s Clean Vessel Pass has been rescinded until the owner can prove the boat is compliant with the rules. Undaria work has continued, with Chalky Inlet being surveyed. No further Undaria has been found. The Breaksea Sound containment work has also continued. Environment Southland is
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working with its partners, Department of Conservation and Ministry for Primary Industries, to secure additional funding to allow this work to continue. A technical advisory group has been set-up to help ensure staff have the best scientific advice for Undaria control.
Biodiversity
Planning work to implement the new Ministry for the Environment funded projects, Biodiversity Action on the Ground and Regional Fish Passage Remediation, has continued. Recruitment and work on the ground will start in early January 2021.
Science Informatics & Operations
In this period, it has been business-as-usual involving the collection of environmental data relating to the various State of the Environment (SoE) monitoring programmes. Examples include river flow and rainfall (hydrological response), river, lakes, estuary and groundwater quality (nutrient and sediment loads) and aquatic ecology (aquatic macro-invertebrates and periphyton).
The lakes and recreational water sampling programmes (that have been brought in-house from contractors) are progressing well. The lakes work is ongoing, requiring a high degree of flexibility and the recreational (bathing) sampling programme has just started for the summer monitoring period.
In-house river safety training took place in late November 2020. Staff attended the NZ Hydrological Society, NZ Rivers Group and NZ Freshwater Science Society joint conference held in Invercargill on 1-4 December 2020, which provided opportunities for knowledge sharing and networking science and technology developments.
Emergency Management Southland
Over the past two months Emergency Management Southland (EMS) has been working with school age children to build resilience across Southland. New Zealand Shakeout occurred on 15 October 2020 and EMS led the tsunami hikoi in Riverton involving around 400 pupils from the playcentre, kindergarten and primary school. This was followed by a “clued up kids” day in Gore, where a range of emergency services and other agencies presented to 150 pupils. In the first week of November 2020, EMS took its “shaky trailer” to visit six schools and had around 950 pupils in attendance.
EMS also hosted two “good yarn” workshops in the Emergency Co-ordination Centre discussing mental wellbeing for the rural community, which were very well received. CIMS4 training is back underway post-COVID-19 and one session has been held at Alliance, Lorneville and another in Invercargill.
Following Delia Riley’s departure to lead the Regional Forum, Aly Curd has been appointed to the Team Leader – Resilience role, a well-deserved promotion following her successful completion of both the initial Community Response Plan development and her Masters in Emergency Management.
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Report – Strategy and Engagement Directorate
Communications
The significant focus on the People, Water and Land Programme and supporting the Regional Forum continues, with a great deal of work going into the release of the Values and Objectives information, and responding to the Essential Freshwater package.
The team delivered the flood protection ‘shovel ready’ public consultation, worked closely on the 2019/20 Annual Report and Annual Report Summary, plus the 2019/20 Compliance Monitoring Report, and organised the Council’s participation in the Southland Santa Parade, which promoted boating safety.
Media enquiries have covered a range of topics, including the Alliance consent application, cruise ship numbers, Gore bridge consent and winter grazing monitoring. The LAWA summer ‘Can I swim here’ campaign has begun, planning is underway for the 2021 Environment Awards and the Envirosouth newsletter is due in mail boxes in early December 2020.
Council’s People, Water and Land Programme
As freshwater remains a priority for Council, the People Water and Land Programme, Te Mana o te Tangata, te Wai, te Whenua is a critical cross-organisational work programme and work has continued.
Key updates are:
Values and Objectives On 25 November 2020 the Strategy and Policy Committee and the Te Ao Marama Board confirmed the outputs of the Values and Objectives workstream and directed the Regional Forum to assess the implications of achieving the bottom of the hauora envelope within a generation (25-30 years) for all draft freshwater objectives (environmental outcomes). The bottom of the hauora envelope reflects a minimum level of healthy resilience while still providing for uses that support the health of people.
This is a significant milestone for the People Water and Land Programme. The direction from Council and the Board now enables the Regional Forum to commence its work considering possible methods and limits to achieve these draft objectives. As outlined previously, this is an iterative process with the Regional Forum considering options to achieve the draft freshwater objectives, their implications and the timeframes for achieving the objectives. There will be opportunities to look at the methods and implications and provide feedback as they are developed over the coming two years. Alongside this, the Values and Objectives package will help inform Environment Southland strategy and programmes of work to achieve measurable outcomes for freshwater and inform an associated communication and engagement plan.
Significant communication occurred via different channels following the decision on 25 November 2020. This was primarily through a media release, a media briefing, social media, emails to industry groups/interested parties, newsletter to a wide range of stakeholders and conference items at ‘Weathering the Storm’ (the NZ Hydrological Society, NZ Rivers Group and NZ Freshwater Science Society joint conference in Invercargill
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1-4 December 2020). Staff continue to meet with industry groups and interested parties on freshwater in Southland and seek their feedback on how we communicate the Values and Objectives package more widely.
Regional Forum As above, the role of the Forum is to provide a package of advice to Governance on how to achieve the community’s aspirations for freshwater, principally via methods, both regulatory and non-regulatory.
Planning and preparing for the Regional Forum workshops in 2021/22 is going well. This is focused on how the Regional Forum will look at the various options to achieve the draft Southland Murihiku freshwater objectives and over what timeframes, which will include scenario testing for both the effects of policy options on the environment and the wider community. In the meantime, staff will continue working on the foundations of this at the December 2020 workshop. The Regional Forum planning (including tools such as the Southland Economic Model) will be workshopped with Council in late January or early February 2021. The venue is likely to be Murihiku or Te Rau Aroha Marae. At this workshop, Lucy Hicks, Policy and Planning Manager, will also discuss the approach to the plan change to the proposed Southland Water and Land Plan.
The latest Regional Forum workshop in-person was held in Te Anau on 8-9 December 2020. Staff continue to connect the work on the Southland Murihiku values and objectives for freshwater (environmental outcomes) and the beginning of testing of options and methods to meet these objectives. This workshop will focus on considering the feedback on the assessment criteria (questions) for choosing options, considering integrated catchment management and understanding the Treaty of Waitangi. A public session was held at 7.00 pm on 8 December 2020 at the Distinction Luxmore Hotel and was a joint meeting with the Southland Conservation Board (which happened to be meeting in Te Anau at the same time). The topic was ‘freshwater and the environment - the challenges we face together’.
Contaminant Load Reduction Work Environment Southland is currently undertaking the science needed to determine the contaminant load reductions and other interventions needed to achieve the draft environmental outcomes (freshwater objectives). This work is not yet complete but preliminary findings (particularly around Nitrogen) indicate that substantial reductions will be required across many parts of the region (excluding Fiordland and the Islands) over the next 25-30 years. The early findings relate to the contaminant reductions required in waterbodies as opposed to the reductions that will be needed on land to achieve this. The work around sediment load reductions is nearly complete and will be made available in the New Year.
For clarity, the contaminant load reduction work was not part of the Values and Objectives package released in November 2020. Rather, the work is ongoing and will be completed and released in 2021 following peer review. Council and the Board will be kept informed as the work is progressed.
Strategy and Partnerships
From a strategic planning perspective, the key focus continues to be the 2021-2031 Long-term Plan, with a number of Council workshops held over the last four months, including a session with Te Ao Marama Inc and the Invercargill City Council. The aim is to take a consultation document to audit in early March 2021 and out for public consultation in April 2021.
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From a relationship perspective, a variety of meetings continue to be held with stakeholders on the People, Water and Land Programme (see separate People, Water and Land update).
Science Strategy & Investigations
The Science Team has been busy preparing presentations and organising the Freshwater/Hydrological/Rivers Society joint conference. It was held at the Ascot Hotel, with over 250 people attending. Several staff presented and chaired sessions and all talks were very well received. The reports related to the Values and Objectives workstream of the People Water and Land Programme. These reports represent 18 months’ work of the Science Team and are now publicly available on the website.
The summer bathing season sampling has started, with students from Otago University, Southern Institute of Technology and Auckland University of Technology assisting the team in the summer months.
Information is being collated for the Coastal Plan Science workshops, which will be held over the coming 12 months.
The Air Quality Team has been investigating the installation of air quality monitors in Mataura.
Report – People & Capability
Recruitment This has picked up over the last few months compared to earlier in the year, however, the volume is similar to this time last year.
Our voice; waha korero survey results The overall results have been shared with the organisation. The participation rate was a very pleasing 97%. Managers will share their team results and work on their team action plans between now and January 2020, driving continuous improvements at a local level within their teams. Feedback received will be addressed at an organisation level.
Induction As part of continuous improvement, a new induction half day has been introduced. It was hailed a success, providing both new team members and managers an opportunity to interact, ask questions and share information in a fun environment.
Ongoing business-as-usual activity Policy review and development. Numerous support for people and managers across performance and employment relation issues, which has been heavily time-intensive for the team.
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Report – Corporate Services Directorate
IT
The major project this month has been the completion of the Datto Backup and Business Continuity protection installation, to ensure that there is full back-up to the Cloud, as well as on-site.
This enables Council to have the ability to be up and running within 24 hours (or sooner) in the event of a disaster or a site failure through fire, earthquake, etc. This has improved resiliency to cyber security treats such as ransomware.
This project was completed on budget and on time, with no interruption to Council services.
Finance
Work on the 2019/20 Annual Report and Annual Report Summary was completed on 26 November 2020. Community partnership financial accounting has been completed. Final flood insurance claims are being worked through the system. Shovel ready projects and the 2021-2031 Long-term Plan continue to be a large part of the accounting workload. The rates and reception teams have worked tirelessly to process the annual rates.
Records and Office Support
The Records and Office Support Team worked through the rates period with an increased volume of customers at reception. There have been recent changes to the reception team with Mikayla Scott moving to Organisational Support. Bronwyn Auckram has accepted the new role of Receptionist & Records Officer and brings continued excellence in customer service experience to the team. This change has resulted in a development opportunity for other Office Support team members in the Records Management area, which will build resilience into the Records Team. Further improvements to Get Home Safe have been implemented by incorporating ES vehicles into the system, which improves visibility to the monitoring team, team leaders and managers of our people out in the field. Fleet management – staff have been working through centralising the service and maintenance component of the system to find efficiencies for the organisation by working with service providers and our people.
Organisational Support
The Organisational Support Team is now back to full complement, with the promotion of Mikayla Scott from Reception to the Organisational Support team as a Personal Assistant. Her main focus is on supporting the policy and planning and regulatory teams, as well as the Regional Forum. In addition, the team has been working on:
agendas and meeting support for Committee and Council meetings; 2021-2031 Long-term Plan workshops; 2019/20 Annual Report and Annual Report Summary – finalising and distribution;
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2019/20 Compliance Monitoring Report Chair and Councillor support; Chief Executive and General Manager support; forward planning for meetings in 2021.
Attachments
None
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Policy Issues and Decisions (Kaupapa Whakaputa Whakatau)
Item 2 2021-2031 Long-term Plan Development – Adoption of Policies
MORF ID: A611525 Strategic Direction: All Report by: Ken Swinney, Strategy and Corporate Approved by: Wilma Falconer, GM Strategy and Planning Consultant Engagement Executive Approval: Rob Phillips, Chief Executive
Purpose
To have Council adopt two of a series of updated policies for the purposes of the 2021-2031 Long-term Plan.
Summary
The Council has, through a series of workshops relating to the development of the 2021-2031 Long-term Plan, updated, amended or developed management policies that are either required by the Local Government Act, or are required by the Council for the management of processes within the organisation. The Financial Contributions and Marine Fee policies in this report were considered at a workshop on 1 December 2020.
Recommendation
It is recommended that Council resolve:
1. pursuant to Section 102(1), Local Government Act 2002, to adopt the updated Financial Contributions Policy 2020;
2. pursuant to Sections 12 and 150, Local Government Act 2002, to adopt the updated Environment Southland Marine Fee Reserve Policy 2020.
Report
Background
Recommendation 1 is for a mandatory Financial Contributions Policy, as required by the Act. This is an existing Council policy which has been refreshed to reflect the requirements of the Act. A proposed guide on interpretation and implementation of the policy is to be developed and published as supporting information.
Recommendation 2 is for the reviewed Marine Fee Reserve Policy, which relates to the operation of, and the allocations from, the Marine Fee Reserve. This is an optional management policy of Council.
The revenue to be managed by this latter policy is sourced from the visits by cruise ships to the region’s coast. That revenue has obviously fallen away post-COVID-19, but the Council expects that some of the revenue income will be restored over time although it is uncertain to what level.
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The policies referred to above are attached to this report.
The amendments to the Significance and Engagement Policy have been canvassed at a Council workshop and are the subject of a separate report to Council.
There are a number of other policies to be adopted as part of the LTP process, but it is expected that they will be workshopped and brought to Council for adoption in March 2021.
Views of Affected Parties
Any views from affected or interested parties have previously been addressed through the development processes of earlier Long-term Plans.
It should be noted that the policies are not new policies but they have been reviewed and updated. Otherwise they are substantially the same policies by purpose and intent that have been publicly consulted on previously. On that basis, the requirement of Section 102(4), Local Government Act is complied with.
Compliance with Significance and Engagement Policy
These policies are fully compliant with the existing and amended Significance and Engagement Policy.
Considerations
Financial Implications No significant financial implications identified.
Legal Implications The policies required by the legislation meet the requirements of the Local Government Act 2002, or the Council’s management objectives.
Attachments
1. Financial Contributions Policy. 2. Environment Southland Marine Fee Reserve Allocation Policy.
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Policy – Financial Contributions Ngā Takoha Ahumoni
This policy has been developed by Council, as required by Section 102(2)(d) of the Local Government Act 2002. Under the Resource Management Act Councils are able to charge financial contributions. Environment Southland has included in its Regional Coastal Plan and its Regional Water Plan (including the proposed Southland Water and Land Plan), provisions for charging financial contributions.
1. Contents
1. Contents 2. Definitions 3. Policy 4. Regional Coastal Plan 5. Regional Water Plan (including the proposed Southland Water and Land Plan)
Policy Policy Sponsor Approval Date and Date of Next Approved By MORF Related No. Scheduled Review Reference Standards B10.2 Executive Approved – 27 May 2004 Council A33387 - Reviewed – 22 March 2006 Reviewed – 29 June 2018
Environment Southland is the brand name of the Page 1 Southland Regional Council 74 Council Policy B10.2 – Financial Contributions
2. Definitions
The Council has a discretion where it may charge financial contributions under Section 108 of the Resource Management Act 1991 (RMA) as a condition of a grant of resource consent. A “financial contribution” means:
“…a contribution of—
(a) money; or (b) land, including an esplanade reserve or esplanade strip (other than in relation to a subdivision consent), but excluding Māori land within the meaning of Te Ture Whenua Māori Act 1993 that Act provides otherwise; or (c) a combination of money and land.”
3. Policy
No capital expenditure has been identified, as it related to increased demand for community facilities resulting from growth, in the Council’s Long-term Plan. Nor will any other capital expenditure be funded by financial contributions.
Environment Southland has the power to recover financial contributions in both its Regional Coast Plan and Regional Water Plan (including proposed Southland Water and Land Plan) under the Resource Management Act.
4. Regional Coastal Plan
The Regional Coastal Plan sets out the circumstances where financial contributions may be applied to offset the significant unavoidable adverse effects of certain activities on the coastal marine area.
Financial contributions will only be used to offset the adverse effects of notified controlled, discretionary or non-complying activities after all means of avoiding, mitigating or remedying adverse effects have been addressed. Where practicable, financial contributions will be applied as close as possible to the site where the adverse effects occur; or if not practicable, used for positive environmental effects intended to benefit people or communities most directly affected by the adverse effects.
The requirement for, and quantum of, financial contributions will be assessed on a case-by-case basis.
Where financial contributions are required, Environment Southland shall have the following priorities:
land including esplanade reserves or strips; money; a combination of money and land.
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Money is the least preferred form of financial contribution, but may be an appropriate form of compensation to address the cumulative adverse effects of minor singular activities. Circumstances where financial contributions may be imposed are:
where public access to or along the coast or across the coastal marine area will be limited or prevented; where the activity is likely to cause or contribute to: . adverse effects on existing recreational opportunities and/or amenities facilities in the coastal marine area; . destruction or damage of coastal vegetation, erosion of foreshore or dunes, or adversely affect visual amenities due to the removal of coastal vegetation; . adverse effects on visual amenities and/or involves land clearance or disturbance; . adverse visual effects on heritage features or conservation areas; . the erosion of the seabed or foreshore; where the activity will adversely affect an historic site or one of cultural or spiritual significance to the tangata whenua; where the activity is likely to cause an increase in litter in the coastal marine area; where the activity (including discharges) for which consent is granted is likely to cause or contribute to the destruction or damage of significant habitat of flora or fauna.
The amount of the financial contribution will be determined in each of the above circumstances, generally, as follows: by calculating the fair and reasonable costs or full actual costs, where specified for:
acquisition and vesting of land or interest in land; planting or maintenance of vegetation; landscaping or replanting; fencing or screening; protecting or restoring; erosion protection, sediment replenishment; provision of facilities or services; creation of habitat restoration area or pest management programme.
5. Regional Water Plan (including proposed Southland Water and Land Plan)
Where Environment Southland grants a resource consent under the Regional Water Plan (including the proposed Southland Water and Land Plan – pSWLP), it may impose a condition requiring that a financial contribution is made for specified purposes and under certain circumstances as set out in the Regional Water Plan (including pSWLP). The “activity” referred to in the following circumstances is the activity for which consent is granted. The circumstances are:
maintenance or improvement of public access to and along rivers where public access to or along rivers or lakes will be limited or prevented by the activity; protection, restoration or enhancement of river and lake beds where the activity is likely to cause or contribute to adverse effects on river and lake beds; protection, maintenance or restoration of heritage values and of places, areas, or features of importance to tangata whenua – where the activity will adversely affect places, areas, buildings, or features of special historical, archaeological, architectural, scientific, ecological or intrinsic value (including trees or areas of vegetation with such values) and places, areas or features of
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importance to tangata whenua for spiritual, cultural or historical reasons; landscaping or planting – where the activity is likely to cause or contribute to adverse effects on visual amenities; fencing or screening – where the activity is likely to contribute to adverse effects on visual amenities, or conservation areas; general – mitigation works – where the activity will cause or contribute to adverse effects in the environment which will not be adequately mitigated by any types of contribution described elsewhere in the plan; general – environmental compensation – where the activity will have adverse effects which will not be adequately avoided, remedied or mitigated and those effects can be offset by positive effects elsewhere.
The amount of the financial contribution will be determined in each of the above circumstances, generally, as follows: by reference to matters set out in the Regional Water Plan (including pSWLP), but will be an amount (fair and reasonable or full actual costs) that will be sufficient to avoid, remedy or mitigate adverse effects.
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Environment Southland Marine Fee Reserve Allocation Policy
This policy has been adopted by Council and sits alongside the Deed of Agreement that Council has with the Cruise Ship Industry, to ensure there is clarity as to how funds held in its Marine Fee Reserve are to be allocated.
1. Contents
1. Contents 2. Purpose of the Marine Fee Reserve Allocation Policy 3. Funding source 4. Purpose of Marine Fee 5. Alignment criteria for allocation 6. Priorities for allocation of funds 6.1 Allocation priority will be to Resource Management Act and Harbourmaster functions and obligations 6.2 Allocation to Environment Southland’s activities 6.3 Programmes not nominated for annual allocation 6.4 Allocation to community programmes and projects 6.5 Expected level of annual expenditure against predicted income 6.6 Retention of reserve balance 6.7 Reporting 7. Review of policy
Policy Policy Sponsor Approval Date and Date of Next Approved By MORF Related No. Scheduled Review Reference Standards B14.2 Executive Approved – 14 February 2015 Council A359694 - Reviewed – 28 March 2018 Reviewed – 22 May 2019
Environment Southland is the brand name of the Page 1 Southland Regional Council 78 Council Policy B14.1 – ES Marine Fee Reserve Allocation
2. Purpose of the Marine Fee Reserve Allocation Policy
The Marine Fee Reserve Allocation Policy has been established to implement the Environment Southland Marine Fee (ESMF), which forms part of the Deed of Agreement between ES and cruise ship operators (the Deed). This policy outlines the source of the funds and the process for allocating these funds in accordance with the purposes set out in the Deed. The Deed is a regulatory tool provided for by the Regional Coastal Plan for Southland. Regional coastal plans are required by the Resource Management Act 1991.
3. Funding source
The source of these funds is the ESMF. This is a fee that each cruise ship operator, who is a signatory to the Deed, must pay for each visit to the Internal Waters of Fiordland and Stewart Island (the Internal Waters). The method for calculating this fee is outlined in clause 7 of the Deed. This funding source is directly affected by the operation of cruise industry in New Zealand.
4. Purpose of Marine Fee
The ESMF is a means of the user paying or contributing to the upkeep of the environment that the user gains a direct benefit from, and, contributes adverse effects to.
The funds generated from the ESMF are used to assist Environment Southland in managing the Southland coast. In accordance with Schedule 3 of the Deed, Environment Southland’s coastal management activities include but are not limited to:
development and implementation of the RCP; administration; research; environmental education; information dissemination; coastal state of the environment monitoring; consent monitoring; coastal permit processing and monitoring; enforcement (including complaint response); regional level oil spill contingency planning and response; navigation and safety functions; and harbourmaster responsibilities.
As specified in the Deed, this does not include port dues or port charges such as costs of pilots, tugs, wharf infrastructure or cargo handling.
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5. Alignment criteria for allocation
Funding allocation must align directly with the coastal management activities specified in Schedule 3 of the Deed, and must contribute to Council’s coastal management functions and obligations under the Resource Management Act 1991, the New Zealand Coastal Policy Statement 2010, the Regional Policy Statement 2017, the Regional Coastal Plan, the Biosecurity Act 1993, the Maritime Transport Act 1994, or, the Maritime Rules Part 91: Navigation Safety Rules.
6. Priorities for allocation of funds
6.1 Allocation priority will be to Resource Management Act and Harbourmaster functions and obligations Allocations from the ESMF should not be the first or main source of funding for any activity that is managed by legislation other than the Resource Management Act or Harbourmaster/ navigation safety activities. This especially applies where those other Acts provide a means of generating user pay funds or charges.
6.2 Allocation to Environment Southland’s activities Environment Southland’s nominated coastal or marine related programmes, projects and activities can have fixed annual allocations as contributions towards actual project costs. These may be permanent or of longer duration, and are uncontested as recipients of funds from the Reserve (set as a lump sum contribution towards the actual project costs), until the Council decides otherwise and changes the content of the ESMF Allocation Schedule (held separately to this Policy and published in the Long-term Plan).
6.3 Programmes not nominated for annual allocation Any programmes, projects and activities not already catered for in the ESMF Allocations Schedule, must seek approval from the Council through the Long-term Plan or Annual Plan budgeting process for funds from the Reserve.
6.4 Allocation to community programmes and projects Community projects and activities that Environment Southland considers relevant can have:
fixed annual allocations – these nominated community programmes, projects and activities are of a longer duration or permanent and are uncontested as recipients of funds from the Reserve until the Council decides otherwise and changes the content of the ESMF Allocations Schedule; or
one-off contributions – requests for one-off funding contributions must be made with a business case and may be made at any time. This consideration process can only proceed if there are any funds remaining unallocated in the year they are to be received after Environment Southland allocations have been made.
Each request shall:
be considered entirely at the Council’s discretion; be assessed on the merits of each case; and must directly align with the allocation criteria.
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The Council retains the discretion to decline any request for an allocation of project funds from the Reserve to any programme, project or activity.
6.5 Expected level of annual expenditure against predicted income There is difficulty in estimating the expected income from cruise ship visits to the Internal Waters.1 Scheduling of cruise ship visits is undertaken on an ongoing basis, sometimes three years ahead of visit dates, with the actual number of visits varying season by season depending on market demand. Weather issues and mechanical difficulties can also result in cancellations, as can other international events such as the COVID-19 pandemic.
Attempting to plan expenditure when there is a significant level of uncertainty means that the Council’s allocation of funds from the Reserve must be undertaken prudently. The funds are applied to Council income in lieu of rates income.
6.6 Retention of the reserve balance The Marine Fee Reserve must be managed to provide resilience to the fluctuating nature of the cruise industry and the associated income. The Council will – with best endeavours– retain at least one year’s scheduled income in the Reserve at all times. Council acknowledges that the cruise sector will likely take some time to return to the pre-COVID-19 visit levels and as a result, the balance of the Reserve may be affected.
Prudent management of the Reserve balance will enable the Council to plan and provide alternative funding sources for continuity of coastal and harbour management activities, should other interruptions to the industry occur.
6.7 Reporting Reporting on the use of annual allocations from the fund and the outcomes achieved, will be made to the Council and the community through the Annual Report process.
Reporting to the cruise industry shall occur through the annual consultative meetings between ES, the New Zealand Cruise Association, Cruise Lines International Association, port agents and cruise ship operators who are signatories to the Deed. The matters to be included are outlined in clause 8 of the Deed.
7. Review of policy
This Policy will be reviewed every three years within the Long-term Plan process unless the Council considers that there are extraordinary circumstances that require an earlier review.
1 In the 2019/20 cruise season, 103 visits were made to the Internal Waters. Visits during the 2020/21 season were significantly less due to the Covid-19 pandemic.
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Item 3 Adoption of Significance and Engagement Policy Amendments
MORF ID: A611212 Strategic Direction: All Report by: Ken Swinney, Strategy and Corporate Approved by: Wilma Falconer, General Manager, Planning Consultant Strategy and Engagement Executive Approval: Rob Phillips, Chief Executive
Purpose
To seek Council approval for amendments to the Significance and Engagement Policy and its adoption for consultation purposes, as part of the 2021-2031 Long-term Plan development process.
Summary
Council is required to prepare, adopt and retain a Significance and Engagement Policy. The policy forms one of the mandatory components for the development of the Long-term Plan and any amendments to it must be consulted on with the community.
Council adopted the current version of the policy on 13 December 2017. A further fit-for-purpose review and assessment has been undertaken on the policy, as part of the 2021-2031 Long-term Plan work and this report suggests updates, amendments and additions to ensure the policy is more robust. The Council considered the draft amendments at its workshop on 19 November 2020.
Recommendation
It is recommended that Council, pursuant to Section 76AA(4), Local Government Act 2002, resolve:
1. to amend the Significance and Engagement Policy, as per the proposed amendment table set out in this report;
2. pursuant to Section 76AA(5) and Section 83A, Local Government Act 2002, to require the more significant amendments proposed to the policy be publicly consulted on in the 2021-2031 Long-term Plan Consultation Document.
Report
Background
The current Significance and Engagement Policy was amended in 2017 to alter the way the public consultation trigger levels were set within the financial delegations of the policy. That amendment improved the practicality of the policy and its implementation. The amendments also brought the trigger levels into line with other regional councils.
2020 Review
Ahead of the development of the 2021-2031 Long-term Plan, a fit-for-purpose review of the policy has been undertaken. A number of updates, additions and amendments have been made to the policy (attached as a draft) to facilitate discussion by the Executive Team, the Leadership Team, tangata whenua, and to workshop with Council. Once those steps have been completed, the draft
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policy can be tabled for the Council to formally adopt for consultation purposes. This would mean including the significant proposed changes or amendments into the 2021-2031 Long-term Plan Consultation Document (CD) and seek the public’s views on those proposed changes.
The following list sets out the matters that were checked and considered during the review process. Some of these matters were progressed into proposed amendments as set out in the next section:
1. Legislative check – with the re-introduction of the four community well-beings into the Local Government Act in May 2019, the definition of the term “significance” was amended to incorporate the community well-being requirements/considerations. All other legislative references are correct.
2. Strategic assets – the Act requires that Council list the strategic assets that it considers appropriate or relevant into a schedule of the policy. The current list of three items has been unchanged since the policy was originally developed in 2014. The review is an opportunity to reassess the relevance of the listed items and add/amend or delete items or detail, as appropriate.
The wording of the current asset listing is generally acceptable, but the description of the regional emergency response facility could be updated to reflect the wider scope that the facility can be used for.
3. Significance trigger levels – the definition of “significance” contains trigger levels that initiate the circumstances when the Council shall consult or engage with the community. One of these levels was amended in 2017 ahead of the current 2018-2028 Long-term Plan, to lift the financial expenditure amount to 5% of the annual operating expenditure. It is assumed that the trigger is still appropriate for the 2021-2031 Long-term Plan. Irrespective of the trigger levels, the Council has the discretion to engage with the community at any time on any matter.
4. Community engagement preferences - the Act requires that the Council should be aware of, or know, how the community wishes to be engaged on any matter. The various engagement tools and techniques that the Council has used to date tend to be fit for purpose on a case-by-case basis rather than picking from a list that the Council thinks the community should be consulted from.
To assist the review with this topic, the findings of the 2019 ES Perceptions Survey were used to try and gauge what the community’s consultation or engagement preferences were. The relevant results tended to relate to respondents “being informed about the management of natural resources” and that the community considers that “ES understands Southlanders’ aspirations”.
The community engagement preferences rely on the types of engagement tools and techniques that the Council employs. These are obviously evolving to match the community’s methods of interacting with the Council and with discussion around various issues of community concern. Nowadays, this usually means some form of electronic means or an App, so the online messaging as a tool begins to hold greater sway and have greater coverage. That platform also allows the community to post feedback or comment (positive and negative from the anonymity of the keyboard) on current activity or media releases.
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5. Community Engagement Guide – This part of the policy relates to an element of the engagement activities that a Council might wish to use when talking to the community, such as the online aspect as mentioned above. The five stages of engagement are taken from the International Association of Public Participation of Australasia (IAP2).
The five elements of the IAP2 engagement framework have been reviewed, with minor changes suggested and a replacement refreshed framework diagram to be included. The framework and its actions are still considered relevant for the next three years, as the scope of engagement options are flexible and adaptable. Having said that, a more specific context of an engagement strategy is being proposed and developed internally which will reinforce the concepts.
Change heading of section to remove word “guide”.
6. Engagement with Māori – currently there is no detailed engagement framework contained within the policy for engagement with Māori. While there is a section within the IAP2 framework that mentions how Council will select the engagement method when engaging with Māori, there is no explicit supporting commentary. There has been a reliance to a major extent on the non-statutory Charter of Understanding to define how engagement with tangata whenua will be carried out. However, the Charter is also up for review currently and it would be useful to have a link from the Significance and Engagement Policy to the Charter and any subsequent reviewed document that flows from its review.
A high-level engagement model has been suggested for inclusion in the policy. Also, Te reo Māori wording equivalents have been suggested for the main headings throughout the document.
7. Engagement Strategy – a new Engagement Practice Strategic Framework and engagement toolbox is being developed and is nearing completion. While still in its draft form at the time of writing this report, this new strategic framework will form a core component to support the policy.
The strategic framework will clearly articulate a process for quality engagement practice and is designed to deliver a consistently effective approach. From the introduction of the framework:
“The framework focuses on relationships with our partners, stakeholders, interest groups and communities. Good relationships are crucial to our work; we will always need to work with others to achieve a thriving Southland for future generations.”
8. Significant issues for the 2021-2031 Long-term Plan – the policy should not be an impediment to the way Council operates, but rather the policy should assist and be flexible enough to be adapted to suit the issues of the day. The 2021-2031 Long-term Plan is likely to be looking at five main areas of our business that will be used as headline topics to facilitate the thinking, discussion and development of the Long-term Plan.
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These strategic groups (at this stage) include:
Water and Land; Marine; Climate Change and Community Resilience; Biodiversity and Biosecurity; Air.
The Significance and Engagement Policy could be used to look at and address each of these topics differently, based on their significance to the region and the community. Different engagement tools could be used to discuss these topics with the community ahead of the Long-term Plan process, with the Long-term Plan identifying the outcome of those engagements and the relevance or significance given to them by the community. Those priorities can be agreed with the community prior to going into the Long-term Plan consultation process.
9. Risks and Assumptions – the risks of adhering to the previous policy through another three years has inherent risks attached as the community and the activities that the Council is becoming involved in e.g. sea-level rise and adaption to climate change, continue to shift. The basis of the policy can continue but it is useful to review and adjust it. One of the risks is adjusting the policy and not consulting the community about those changes and their implications. See the legislative requirements below when changes are made to the policy.
Proposed Amendments to the Policy
The following table sets out the proposed amendments (underlined) to the Significance and Engagement Policy within the context of the above review factors:
Page Section Existing Provision Proposed Provision 1 Title Policy – Significance and Engagement Policy – Significance and Engagement Policy Policy
1 Title Nil Add te reo title - Kaupapa Here Whai Pūtake me te Tūhonohono
1 1. Contents Nil Add te reo heading - Te rārangi kaupapa
1 1. Contents 5 Community Engagement Guide 5 Engaging with the Community
Nil Add two new sections – 8 Engagement with Māori 9 References
2 2. Definitions Nil Add te reo heading - Ngā Whakamāramatanga
2 2 Definitions Quotes the definition of “Significance” as Add amendments to Act from 2019 an extract from Section 5, Local (underlined): Government Act 2002 (as enacted in “in relation to any issue, proposal, 2014) decision, or other matter that concerns or is before a local authority, means the degree of importance of the issue,
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Page Section Existing Provision Proposed Provision proposal, decision, or matter, as assessed by the local authority, in terms of its likely impact on, and likely consequences for,— (a) the current and future social, economic, environmental, or cultural well-being of 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.”
3 2 Definitions Definition of “Strategic aspirations” Depending on the changes to the Council’s Strategic Intent, this reference will have to include the Council’s vision and move the source back to the new References section.
3 3 Policy Nil Add te reo heading - Kaupapa Here
4 3(j) Policy When engaging with Māori, Charter of When engaging with Māori, the Charter Understanding, Memorandum of of Understanding, Memorandum of Understanding, authorised Iwi Understanding, authorised Iwi Management Plan, or any other similar Management Plan, or any other similar high level agreements will be considered high level agreements will be considered as a starting point. as a starting point.
4 4 Strategic Nil Add te reo heading – Rawa Rautaki Assets
5 Strategic Tau Whakamaru - Regional Emergency Response – Assets Table Purpose-built building housing A well-equipped, purpose built Southland’s joint Emergency Operations Emergency Co-ordination Centre (ECC) Centre for natural hazard and maritime maintained at immediate response oil spill response. capability for any event.
6 5 Community Heading - Community Engagement Guide Engaging with the Community Engagement Guide 6 5 Community Nil Add te reo heading – Aratakinga Engagement tūhonohono hapori Guide
6 5 Community Second paragraph clarification – The model of community engagement Engagement The model of community engagement below is based on adapted from the Guide below is based on the International International Association for Public Association for Public Participation (IAP2) Participation (IAP2) Public Participation Public Participation Spectrum Spectrum.
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Page Section Existing Provision Proposed Provision 6 5 Community IAP2 Spectrum diagram. Replaced diagram with a more up-to- Engagement date version of the spectrum. Guide
7 6 Forms of Nil Add te reo heading – Ngā momo engagement mahitahi 8 6 Forms of Correction to wording of a policy Adopting or amending any revenue and engagement reference. financing policy, financial contributions policy, rates remission and postponement policy.
8 6 Forms of Inserting a source reference. The following table provides an example engagement of the differing levels of engagement (as adapted from the IAP2 Participation Spectrum) that might be considered appropriate.
9 6 Forms of Engagement Table – third row – “Tools Add “Social media” to INFORM column; engagement Council might use” Add “virtual meetings/hui” to CONSULT column; Add “wānanga” and “virtual meetings/hui” to INVOLVE column.
9 6 Forms of Engagement Table – fifth row – “Working Change heading to “Engagement with engagement with Māori” Māori” and insert legislation and cross references.
9 7 Engagement Nil Add te reo heading – Kete mahitahi tools and techniques
9 7 Engagement First paragraph. Add words “online engagement” into the tools and list. techniques Nil Add second paragraph “The Council will be implementing an Environment Southland Engagement Practice Strategy Framework that will provide the direction, techniques and tools to enable and assist engagement capabilities across the organisation, and to implement this policy.”
10-11 8 Engagement Nil New section added: with Māori Engagement with Māori He rikenga mahitahi
The LGA recognises and respects the Crown’s obligations under the Treaty of Waitangi by placing some specific obligations on councils. These obligations are intended to facilitate participation by Māori in local authorities’ decision- making processes (sections 4, 81 and
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Page Section Existing Provision Proposed Provision 82(2), LGA). The Act includes requirements for councils to:
• ensure they provide opportunities for Māori to contribute to decision- making processes; • establish and maintain processes for Māori to contribute to decision- making; • consider ways in which they can foster the development of Māori capacity to contribute to decision- making processes; • provide relevant information to Māori; • take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna and other taonga.
The Council will establish and maintain engagement processes that identify and provide opportunities for Māori to contribute to decision-making. In addition to the engagement principles and practices set out in this policy, Council will:
a) strengthen and improve ongoing relationships and partnerships with Iwi in the Murihiku rohe (Southland region) including, but not limited to, ongoing support for Te Ao Marama Inc; b) consider the impact on Māori of specific decisions, proposals or matters, in particular recognising the special connection of tangata whenua and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna and other taonga; c) recognise legal obligations for engagement with Māori under various legislation including, but not limited to, the Local Government Act 2002 and Resource Management Act 1991; d) recognise the Charter of Understanding and other agreements (Mana Whakahono ā Rohe or Joint Management Agreements) developed with Māori as they relate to decision-making
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Page Section Existing Provision Proposed Provision processes; e) consider appropriate use of tikanga (cultural protocols) and te reo Māori (Māori language) in our daily business and engagement tools and practices; f) provide for Mana Whenua positions on Council’s standing committees to ensure direct Māori involvement in decision-making; g) to advocate for and promote the principles of Te Mana o Te Wai and Ki uta, ki tai through the Council’s business and programmes.
Māori Engagement Spectrum
It is important to note that as the level of engagement increases: • Māori participation and decision- making power increases; • the importance to iwi increases – therefore the more important the outcomes of a project are to iwi, the higher the level of engagement should be; • the complexity of the decision- making process increases; • the effort required by all parties increases; • the length of time required for engagement processes increases; • the investment (time, resources and relationship) required from all parties increases; • the council’s decision-making power and control over outcomes decreases; • decisions are more likely.
A specific IAP2 engagement spectrum for Māori is also added – see Draft Policy.
12 9 References Nil New section added:
References Ngā tohutoro
Environment Southland Perceptions Survey 2019. Environment Southland Engagement Practice Strategy Framework (release pending, 2020). IAP2 Australasia’s Public
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Page Section Existing Provision Proposed Provision Participation Spectrum. “Our (ES) engagement toolbox” (including processes, platforms and techniques) for engagement and communication (release pending, 2020)
There will likely be other changes and amendments in addition to the above that may emerge from discussion on this draft of the policy from workshops and feedback from Te Pouari o Te Ao Marama (TAMI Board).
Views of Affected Parties
The Local Government Act provides that any amendment to the Significance and Engagement Policy need not be publicly notified, nor views on the policy or any amendment sought from the community. To undertake an amendment without notification, Council needs to be satisfied on reasonable grounds that it has sufficient information about community interests and preferences to enable the purpose of the policy to be achieved.
The Council also has to consider the extent and scope of the amendments being made to the policy and whether those changes or amendments are of significant interest or likely interest to the community, and that consultation is required on the amendments. The current policy itself would suggest that if the Council has insufficient awareness or knowledge of the community’s response or views on say, the changes to the intent of wording changes to the Strategic Asset listing, then consultation must be undertaken.
Council has provided the Te Ao Marama Board with the opportunity to consider and comment on the draft amendments. The Board will consider that matter at its hui on 14 December 2020. The outcome of that consideration will be shared at the meeting. Progressing the policy will be dependent on the TAMI feedback.
On a general basis, there is a need to go to the community with the proposed amendments and seek the views of the community on those amendments, particularly the more important changes. The community has not had an opportunity to review the policy since it was created in 2014.
A summary of the finalised and adopted policy is included in the 2018-2028 Long-term Plan.
Compliance with Significance and Engagement Policy
The proposed amendments and content are in conformance with the Significance and Engagement Policy.
Legal Compliance
The provisions of the Local Government Act 2002 are complied with, and in particular:
Section 76AA, Local Government Act 2002 – Significance and Engagement Policy; and Section 82, Local Government Act 2002 – Principles of Consultation.
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Section 83A, Local Government Act 2002 provides for the consultation on the amendments to this policy to be run alongside the consultation for the 2021-2031 Long-term Plan. This can be done by adding a separate consultation section for the significant amendments to the policy in the Long-term Plan Consultation Document.
Consistency with Council’s LTP/Policy/Strategy
The proposed amendments are consistent with the various Council documents.
Financial and Resource Implications
There are no potential financial implications contained within the proposed amendments. The proposed addition of the “Engagement with Māori” section may have some financial implications but it is expected those matters would be dealt with outside of the policy in the course of day-to-day Council business and budgeted for accordingly.
Conclusion
With the scope and extent of amendments to this policy following its first major review since was first adopted in 2014, consultation with the community on the more significant amendments to the policy should take place as part of the 2021-2031 Long-term Plan process.
Attachments
1. Draft amended Significance and Engagement Policy 2020 (Track change version)
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Policy – Significance & Engagement Deleted: Policy Kaupapa Here Whai Pūtake me te Tūhonohono
This Policy has been developed to enable Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions and activities. It will provide clarity about how and when communities can expect to be engaged in decisions made by Council, and informs Council, from the beginning of a decision-making process, about the extent, form and type of engagement required.
1. Contents Te rārangi kaupapa
1. Contents 2. Definitions 3. Policy 4. Strategic Assets 5. Engaging with the Community Deleted: Engagement Guide 6. Forms of Engagement 7. Engagement Tools and Techniques 8. Engagement with Māori 9. References
Policy Policy Sponsor Approval Date and Date of Next Approved By MORF Related No. Scheduled Review Reference Standards B1.3 Executive Approved – 12 November 2014 Council A33378 - Reviewed –16 April 2015 Reviewed – 23 March 2016 Reviewed – 13 December 2017
Environment Southland is the brand name of the Page 1 Southland Regional Council
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2. Definitions Ngā Whakamāramatanga
Term Definition
Community A group of people living in the same place or having a particular characteristic in common. Includes interested parties, affected people and key stakeholders, tangata whenua o Murihiku, and Māori. Deleted: a
Decisions Refers to all decisions made by the Council.
Management decisions made by officers under delegation during the implementation of Council decisions will not be deemed to be significant as the “significance” test will have already been addressed by the Council when making the initial decision.
Engagement Is a term used to describe the process of seeking information from the community to inform and assist decision-making. There is a continuum of community involvement. A discretion remains for the Council to engage with the community at any time irrespective of the significance criteria.
Financial Delegations For the sake of clarity, operation of financial delegations is made in the following order:
by management up to $300,000 as per the approved Delegations Manual; by Council between $300,000 and 5 percent of the annual budgeted Total Operating Expenditure not already provided for in budgets or not provided in existing delegations, policies or other legislation (e.g. disaster response). Council may use its discretion to engage with the community if the matter is considered reasonably significant; by the community through an engagement process where the expenditure is in excess of the 5 percent of the annual budgeted Total Operating Expenditure not already provided for in budgets or not provided in existing delegations, policies or other legislation (e.g. disaster response). Deleted: ¶ Significance As defined in Section 5 of the LGA 2002 in relation to any issue, proposal, ¶ decision, or other matter that concerns or is before a local authority, 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,— Deleted: in relation to any issue, proposal, decision, or (a) the current and future social, economic, environmental, or other matter that concerns or is before a local authority, cultural well-being of the district or region: means the degree of importance of the issue, proposal, (b) any persons who are likely to be particularly affected by, or decision, or matter, as assessed by the local authority, in interested in, the issue, proposal, decision, or matter: terms of its likely impact on, and likely consequences for: (c) the capacity of the local authority to perform its role, and the Deleted: ¶ financial and other costs of doing so Deleted: (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.”
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Term Definition
Significant Activity Any activity that:
affects all, or a large portion of the region; affects all, or a large portion of the community; will result in a substantial change or removal of a significant activity or service; relates to a listed strategic asset; requires expenditure of more than 5 percent of the annual budgeted Total Operating Expenditure not already provided for in budgets or not provided in existing delegations, policies or other legislation (e.g. disaster response).
Strategic assets As defined in Section 5 of the Local Government Act 2002. See Section 4 – Strategic Assets.
Strategic aspirations Environment Southland Strategic Intent, 2020 Deleted: 17
3. Policy Kaupapa Here
(a) Engaging with the community is needed to understand the views and preferences of people likely to be affected by, or interested in, a proposal or decision.
(b) An assessment of the degree of significance of proposals and decisions, and the appropriate level of engagement, will therefore be considered in the early stages of a proposal before decision-making occurs and, if necessary, reconsidered as a proposal develops.
(c) The Council will take into account the following matters when assessing the degree of significance of proposals and decisions, and the appropriate level of engagement:
there is a legal requirement to engage with the community; the level of financial consequences of the proposal or decision; whether the proposal or decision will affect a large portion of the community; the likely impact on present and future interests of the community, recognising Māori cultural values and their relationship to land and water; whether the proposal affects the level of service of a significant activity; whether community interest is high; whether the likely consequences are controversial; whether community views are already known, including the community’s preferences about the form of engagement; the form of engagement used in the past for similar proposals and decisions.
(d) If a proposal or decision is affected by a number of the above considerations, it is more likely to have a higher degree of significance. The general approach will be to propose significant proposals or decisions in the context of the Long-term Plan (LTP) via the Consultation Document, to identify the Council’s priorities over the medium to long-term.
(e) In general, the more significant an issue, the greater the need for community engagement.
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(f) The Council will apply a consistent and transparent approach to engagement.
(g) Council is required to undertake a special consultative procedure as set out in Section 83 of the Local Government Act 2002, or to carry out consultation in accordance with or giving effect to Section 82 of the Local Government Act 2002 on certain matters (regardless of whether they are considered significant as part of this policy).
(h) For all other issues requiring a decision, Council will determine the appropriate level of engagement on a case-by-case basis.
(i) Engaging with the Community (Section 5) identifies the form of engagement Council will use Deleted: The Community to respond to some specific issues. It also provides examples of types of issues and how and Deleted: ement Guide when communities could expect to be engaged in the decision-making process. Deleted: see
(j) When engaging with Māori, the Charter of Understanding, Memorandum of Understanding, Deleted: authorised Iwi Management Plan, or any other similar high level agreements will be Deleted: . considered as a starting point.
(k) When Council makes a decision that is significantly inconsistent with this policy, the steps identified in Section 80 of the Local Government Act 2002 will be undertaken.
4. Strategic Assets Rawa Rautaki
Section 5 of the Local Government Act 2002 defines a strategic asset as:
“an asset or group of assets that the local authority needs to retain if the local authority is to maintain the local authority’s capacity to achieve or promote any outcome that the local authority determines to be important to the current or future well-being of the community, and includes:
(a) any asset or group of assets listed in accordance with section 76AA(3) Local Government Act 2002 by the local authority; and (b) 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 (c) 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.”
The following is a list of assets or group of assets that the Council needs to retain to meet its community well-being obligations: Deleted: 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 Activity Asset
Investments Shares in South Port New Zealand Limited (currently 17,441,573, or 66.48% - majority ownership).
Flood protection Stopbanks, dams and culverts and floodway land.
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Regional Emergency Response A well-equipped, purpose built Emergency Co-ordination Centre (ECC) Deleted: Tau Whakamaru maintained at immediate response capability for any event. Deleted: Purpose-built building housing Southland’s joint Emergency Operations Centre for natural hazard and maritime oil spill response.
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5. Engaging with the Community Deleted: Engagement Guide Aratakinga tūhonohono hapori
Community engagement is a process that involves all or some of the public and is focussed on understanding impact, and considering alternatives but ultimately decision-making remains the responsibility of the Councillors.
The model of community engagement below is adapted from the International Association for Public Participation (IAP2) Public Participation Spectrum to Deleted: based on demonstrate the possible types of engagement with the community. This model also shows the increasing level of public impact as you progress through the spectrum from left to right – “inform” through to “empower”.
It will not always be appropriate or practicable 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. At times, Councillors will be required to make tough decisions.
In general, the more significant an issue, the greater the need for community engagement.
Deleted:
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6. Forms of engagement Ngā momo mahitahi
The Council will use the Special Consultative Procedure (as set out in Section 83 of the LGA 2002) where required to do so by law, including for the following issues requiring input:
the adoption or amendment of a Long-term Plan (in accordance with section 93A of the LGA 2002); the adoption, amendment, or revocation of consents fees and charges if required under Section 36 of the RMA 1991;
Deleted: Page Break Unless already explicitly provided for in the Long-term Plan, the Council will seek to amend its Long-term Plan, and therefore use the Special Consultative ¶ Procedure, when it proposes to:
alter significantly the intended level of service provision for any significant activity 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 Schedule 1.
The Council will consult in accordance with, or using a process or a manner that gives effect to the requirements of, Section 82 of the LGA 2002 where required to do so by law, including for the following specific issues requiring decisions:
adopting or amending the Long-term Plan if required under Section 95 of the LGA 2002; transferring responsibilities to another local authority under Section 17 of the LGA 2002; establishing or becoming a shareholder in a council-controlled organisation; adopting or amending any revenue and financing policy, financial contributions policy, rates remission and postponement policy, or a policy on the remission or postponement of rate on Māori freehold land.
For such consultation, Council will develop information fulfilling the requirements of Section 82A of the LGA 2002, will make this available to the public, allow written submissions for a period of up to four weeks, and will consider all submissions prior to making decisions. For all other issues, the following table provides an example of the differing levels of engagement (as adapted from the IAP2 Participation Spectrum) that might be considered appropriate, the types of tools associated with each level and the timing generally associated with these types of decisions/levels of engagement:
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Level Inform Consult Involve Collaborate Empower
What does it We will keep you informed We will listen to you and make We will involve you in the We will discuss and decide Public or community will decide. involve about what is happening. our decisions. decision-making process. We together. They may choose to discuss with One-way communication Two-way communications will ultimately decide. Working together to develop us. providing balanced and designed to obtain public Participatory process designed understanding of all issues and The final recommendation to objective information to feedback about ideas on to help identify issues and interests to work out alternatives Council is in the hands of the assist understanding about rationale, alternatives and views to ensure that concerns and identify preferred solutions. public. Under the LGA 2002, the something that is going to proposals to inform decision and aspirations are understood Councillors are elected to make happen or has happened. making. and considered prior to the final decisions on behalf of decision-making. their constituents.
Types of issues Water Shortage Directions Rates review “Front loading” Regional Plan Water management planning Election voting systems (MMP, that we might First Schedule RMA processes development processes, under the NPS-FM STV or first past the post) use this for including water management First Schedule RMA processes First Schedule RMA processes
Tools Council Websites Formal submissions and Workshops/wānanga External working groups (involving Binding referendum might use Social media hearings, focus groups, phone Focus groups community experts) Local body elections Information flyer surveys, surveys, virtual Citizens Panel Public notices meetings/hui. Virtual meetings/hui
When the Council would generally Council would advise the Council would generally Council would generally involve Council would generally provide community can advise the community once community once a draft decision provide the community with a the community at the start to the community with a greater expect to be a decision is made is made Council and would greater lead in time to allow scope the issue, again after lead in time to allow them time involved generally provide the community them time to be involved in the information has been collected to be involved in the process. with up to 4 weeks to participate process. and again when options are being e.g. typically a month or more. and respond. considered.
Engagement Council would use the relationship based on the Charter of Understanding, any partnership arrangements, and the legislative requirementsDeleted: Working with Maori of the Local Government Act 2002 and the Resource Management Act 1991, to utilise any or all of the engagement techniques depending on the topic and interests. See section 8 below.
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7. Engagement tools and techniques Kete mahitahi
Ahead of making a decision, the Council may use a variety of engagement techniques on any issue or proposal based on a range of other factors, including history and public awareness of the issue, online engagement, stakeholder involvement, and timing related to other events and budgets. Council will also take into consideration that the community can feel ‘over consulted’. Each situation will be assessed on a case-by-case basis.
The Council will be implementing an Environment Southland Engagement Practice Strategy Framework that will provide the direction, techniques and tools to enable and assist engagement capabilities across the organisation, and to implement this Policy.
8. Engagement with Māori He rikenga mahitahi
The LGA recognises and respects the Crown’s obligations under the Treaty of Waitangi by placing some specific obligations on councils. These obligations are intended to facilitate participation by Māori in local authorities’ decision-making processes (sections 4, 81 and 82(2), LGA). The Act includes requirements for councils to:
ensure they provide opportunities for Māori to contribute to decision-making processes; establish and maintain processes for Māori to contribute to decision-making; consider ways in which they can foster the development of Māori capacity to contribute to decision-making processes; provide relevant information to Māori; take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga.
The Council will establish and maintain engagement processes that identify and provide opportunities for Māori to contribute to decision-making. In addition to the engagement principles and practices set out in this policy, Council will: a) Strengthen and improve ongoing relationships and partnerships with Iwi in the Murihiku rohe (Southland region) including, but not limited to, ongoing support for Te Ao Marama Inc. b) Consider the impact on Māori of specific decisions, proposals or matters, in particular recognising the special connection of tangata whenua and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga.
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c) Recognise legal obligations for engagement with Māori under various legislation including, but not limited to, the Local Government Act 2002 and Resource Management Act 1991. d) Recognise the Charter of Understanding and other agreements (Mana Whakahono ā Rohe or Joint Management Agreements) developed with Māori as they relate to decision-making processes. e) Consider appropriate use of tikanga (cultural protocols) and te reo Māori (Māori language) in our daily business and engagement tools and practices. f) Provide for Mana Whenua positions on Council’s standing committees to ensure direct Māori involvement in decision-making. g) To advocate for and promote the principles of Te Mana o Te Wai and Ki uta, ki tai through the Council’s business and programmes.
Māori Engagement Spectrum1
It is important to note that as the level of engagement increases:
Māori participation and decision-making power increases the importance to iwi increases – therefore the more important the outcomes of a project are to iwi, the higher the level of engagement should be the complexity of the decision-making process increases the effort required by all parties increases the length of time required for engagement processes increases the investment (time, resources and relationship) required from all parties increases the council’s decision-making power and control over outcomes decreases decisions are more likely
The council’s approach to the differing levels of iwi engagement is summarised as follows:
Inform Consult Involve Collaborate Empower
Provide information Obtain community feedback Work directly with the Partner with iwi Iwi make decisions The council will keep iwi The council will listen to iwi - community Iwi and the council will Iwi may choose to discuss informed about what is the council will make an The council will involve iwi in discuss and decide together with us. happening. informed decision the decision-making process. on as much as possible The council will ultimately make the decisions.
1 Adapted from Waikato Regional Council, Māori Engagement Framework, accessed July 2020.
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Inform Consult Involve Collaborate Empower
Information-giving is the most At this level of engagement, the The aim at this level is to have The goal of this level is to have This level is the most ambitious, basic form of engagement as objective is to seek the views and Māori more involved in the processes that allow for sharing aiming to maximise there is no participatory element. opinions of Māori on proposals, decision-making process. Iwi or and acting together and to have empowerment of Māori and, at Providing information underpins analyses, alternatives and/or hapū representatives can be all parties holding equal power. its farthest reach, will see Māori all other levels of engagement decisions. This is not about elected or appointed to Both parties make the decisions having complete decision-making because it enables Māori to be putting ideas into action. committees, focus groups or as much as possible. power across various roles. informed of activities that may Consultation can be done face-to- working parties in an advisory Collaboration is more demanding impact them. It is essential that face at hui. Sufficient time needs capacity. Council retains the of resources for all involved, Māori are provided with the to be provided to enable iwi or decision-making authority. needs significant lead-in time and appropriate information, such as hapū to undertake follow-up planning, and can only be council reports, project plans, discussion and wider consultation established by council resolution. resource consent applications, amongst themselves before research, maps and photos. providing a response back to council.
9. References Ngā tohutoro
Environment Southland Perceptions Survey 2019 Environment Southland Engagement Practice Strategy Framework (release pending, 2020) IAP2 Australasia’s Public Participation Spectrum2 “Our (ES) engagement toolbox” (including processes, platforms and techniques) for engagement and communication (release pending, 2020)
2 https://www.iap2.org.au/About-Us/About-IAP2-Australasia-/Spectrum
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Approvals Required (Whakaengia)
Item 4 Change of Trustee Composition - Te Wai Parera Trust
MORF ID: A611490 Strategic Direction: Managed access to quality natural resources Report by: Jonathan Streat, General Manager, Approved by: Rob Phillips, Chief Executive Operations Executive Approval: Rob Phillips, Chief Executive
Purpose
For Council to withdraw itself from the Te Wai Parera Trust (the Trust), to allow Te Rūnanga o Awarua to hold sole control of the Trust, and this report proposes a way forward.
Summary
The item provides a pathway for the Council to withdraw its membership from the Te Wai Parera Trust, by providing for the Trust Deed of the Te Wai Parera Trust to be amended so that the trustees are solely appointed by Te Rūnanga o Awarua.
In so doing, this will allow one of the key outcomes of the Whakamana te Waituna Charitable Trust to be achieved – that of supporting Te Rūnanga o Awarua’s ability to be kaitiaki and to reconnect tangata whenua with its taonga.
Recommendation
It is recommended that Council resolve to:
1. agree that trustee membership of the Te Wai Parera Trust should be solely appointed by Te Rūnanga o Awarua;
2. support the proposed changes to be made to the Trust Deed of the Te Wai Parera Trust to facilitate change in membership of the Te Wai Parera Trust to trustees solely appointed by Te Rūnanga o Awarua.
Report
Background
The Whakamana te Waituna Programme is an outstanding and ground-breaking partnership in Southland, which brings together Environment Southland and Te Rūnanga o Awarua as co-chairs of the Trust, and representatives from Living Water, Fonterra, Southland District Council, Department of Conservation, Ministry for the Environment (MfE) and Ngāi Tahu as project partners working collectively to restore the ecological, cultural and hydrological health of the Waituna Lagoon and wider catchment.
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Environment Southland’s intention and commitments to the Whakamana te Waituna Programme are set out, in part, in the Freshwater Improvement Application. A key project outcome of the Trust has been to establish a land ownership model that supports Te Rūnanga o Awarua’s ability to be kaitiaki and to reconnect tangata whenua with its taonga.
The Freshwater Improvement Funding Deed between Environment Southland and MfE established a process and indicated the possibility that land purchased using MfE funds could be transferred from the Te Wai Parera Trust to a third party to enable the true and direct reconnection of Te Rūnanga o Awarua through ownership – although the exact form of the ownership model was not defined at that time.
As part of the project work a number of options for achieving a Te Rūnanga o Awarua ownership model of the land purchased with MfE funds and placed into the Te Wai Parera Trust were examined, with advice provide from both Environment Southland’s and Te Rūnanga o Awarua legal teams. The options include:
1. transferring the land currently held by Te Wai Parera Trust to an entity controlled by Te Rūnanga o Awarua; 2. Te Rūnanga o Awarua purchasing the land from Te Wai Parera Trust at a nominal figure; and 3. changing the membership of Te Wai Parera Trust so all trustees are appointed by Te Rūnanga o Awarua – thus giving Te Rūnanga o Awarua control within the existing Te Wai Parera Trust structure.
Legal advice, tax advice, and discussions between Ministry for the Environment, Environment Southland and Te Rūnanga o Awarua, have confirmed that the most effective option is Option 3: that of changing the composition of the Te Wai Parera Trust to enable Te Rūnanga o Awarua to appoint all trustees – thus achieving effective ownership.
Implications/Risks
There are no substantial, legal, exposure or financial risks to Environment Southland by removing the organisation from membership of the Trust. There are significant benefits and opportunities arising from achieving the project outcomes.
Next steps
Advice received is that the steps as outlined blow be taken to remove the two Environment Southland appointed Trustees to the Trust:
1. Identify any risks to Council of following this course of action - noted this advice has been received and analysed by staff, and summarised earlier;
2. Council resolution required - that is the purpose of the staff report today. Council is required to consent to the proposed variations to the Trust Deed, and agree to enter into the required documents to give effect to (or associated with) Council’s withdrawal from the Te Wai Parera Trust;
3. Te Rūnanga o Awarua meeting - Te Rūnanga o Awarua will need to meet or otherwise resolve to enter into the documentation referred to above, insofar as it relates to Awarua, following the Council’s resolution;
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4. Te Wai Parera Trust meeting - the Trustees of the Trust will need to meet to pass the necessary resolutions to allow entry into the documentation referred to above, insofar as it relates to the Trust – following Council resolution;
5. Signing of documentation - this will be completed by all parties, following the above steps being concluded;
6. Registration of Changes - there is an administrative process required to be completed to register the various changes being made, and legal advice has been provided on this, and will be followed. It includes:
the need to change the funding deed with MfE; the Trust to register the variation of its Trust Deed with the Charities Services and the Companies Office; Buddle Findlay will need to register the updates to titles with LINZ; the change of trustees will then occur (via resignation of Environment Southland Trustees and the appointment of replacement Trustees by Te Rūnanga o Awarua); Environment Southland staff working with Te Wai Parera Trust to amend the current Services Agreement to reflect the changes in roles; change the names on the titles to that of Te Wai Parera Trust.
Considerations
Financial implications No financial implications. Tax advice has been sought and obtained.
Legal implications Legal advice has been obtained and is being followed – as outlined in this report.
Attachments
None
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Item 5 Appointment of Trustees to the Whakamana te Waituna Charitable Trust
MORF ID: A614415 Strategic Direction: Land Report by: Jonathan Streat, General Manager, Approved by: Rob Phillips, Chief Executive Operations Executive Approval: Rob Phillips, Chief Executive
Purpose
To seek Council approval of the appointment of Chairman Nicol Horrell and Deputy Chairman Lloyd McCallum as Trustees on the Whakamana te Waituna Charitable Trust.
Summary
The Whakamana te Waituna Charitable Trust was established and its formal Trust Deed signed on 22 March 2018. Trustees were appointed at that time, for a term not to exceed three years, but being eligible for reappointment for a further three-year term.
The Trust has now asked each of the founding partners to make their appointments to the Trust for a further term. However, at this time it is proposed that the Council participants’ terms expire in line with the local government elections, to provide for potential changes of Council representatives at that time.
Council’s current representatives are Cr Lloyd McCallum, who is the Co-Chair of the Trust with Dean Whaanga (TAMI), and Chairman Nicol Horrell. At this time, it is proposed to nominate Chairman Nicol Horrell to be the Co-Chair and Cr Lloyd McCallum as a Trustee.
Recommendation
It is recommended that Council advise the Whakamana te Waituna Charitable Trust that it nominates as its representatives, Chairman Nicol Horrell and Cr Lloyd McCallum as Trustees of the Whakamana te Waituna Charitable Trust.
Report
Background
The Whakamana te Waituna Charitable Trust Deed contains the following provisions with regard to appointment of Trustees.
“2.1 There shall never be fewer than 9 Trustees, and the Trustees shall comprise: (a) two persons appointed by the Council of Awarua Rūnanga and/or Te Rūnanga o Ngāi Tahu; (b) two persons appointed by the Council of Environment Southland; (c) two persons appointed by the Council of Southland District Council; (d) two persons who shall be appointed by the Trustees then holding the role of co-chair of the meetings of Trustees pursuant to rule 16 of this Schedule; and (e) one person appointed by …. Fonterra Co-operative Group.”
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Rule 16 specifies that the Co-Chairs shall be one Ngāi Tahu Trustee and one Environment Southland Trustees.
Amongst other things It is noted that the Trustees shall hold office for a term not exceeding three years from the date of appointment, but shall be eligible for reappointment for a further three terms. The first Trustees shall be deemed to be first appointed on the date of the Trust Deed, being 22 March 2018.
The first three-year term expires on 22 March 2021, and the Trust has now invited Council to nominate its representatives for the next term.
It is also proposed that the expiry of the next term for Trustees will coincide with the 2022 triennial local body elections, to ensure that changes that occur through that process can be catered for through the Inaugural Meeting of Council and their appointments to groups at that time.
The current make-up of the Trust is:
Gail Thompson – Awarua Rūnanga/Te Rūnanga o Ngāi Tahu Trustee Dean Whaanga – Co Chair and Awarua Rūnanga/Te Rūnanga o Ngāi Tahu Trustee Nicol Horrell – Chairman of ES and Council’s Trustee Lloyd McCallum – Co-Chair, ES Councillor and Council Trustee Paul Duffy – Councillor and Trustee for Southland District Council Julie Keast – Councillor and Trustee for Southland District Council Robin Campbell – Independent Trustee Michael Skerrett – Independent Trustee Mark Robinson – Fonterra Trustee
Aaron Fleming – Department of Conservation – Advisor Trustee John McCarroll – Department of Conservation – Advisor Trustee
Views of Affected Parties
It is noted that the appointment of new Trustees requires the approval of Council.
Compliance with Significance and Engagement Policy
There are no issues within this report which trigger matters in this policy.
Considerations
Financial Implications There are no additional financial implications.
Legal Implications This report and the associated recommendations comply with the appropriate statutory requirements placed upon the Council.
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Consistency with Council’s LTP/Annual Plan/Policy/Strategy
This report is consistent with Council policy.
Attachments
None
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Item 6 Update to Staff Delegations Manual
MORF ID: A613724 Strategic Direction: Council Policy Report by: Aurora Grant, Consents Manager Approved by: Simon Mapp, Compliance Manager Executive Approval: Rob Phillips, Chief Executive
Purpose
To seek Council approval to make amendments to the Staff Delegations Manual.
Summary
Proposed amendments to the delegations related to resource consent application processing and the administration of resource consents are required to support the recommendations arising from recent reviews and drive continuous improvement. The proposals will enable improved efficiencies to be implemented for the consent process for low risk routine permits. This will help the Consents Team meet forecast increased workloads due to the essential freshwater package and in anticipation of the proposed Southland Water and Land Plan becoming operative.
Recommendation
It is recommended that Council resolve to approve the proposed changes to the Staff Delegations Manual as outlined in Schedules 1 and 2.
Report
Background
The Consents Team is facing an increase in volumes of consent applications in the coming years due to legislation changes, both nationally and regionally. Currently all decisions need to go through the Consents Manager and Team Leaders no matter how low the risk of the activity being considered. This results in efficient and effective use of time by senior staff.
We have implemented a triage system to identify simple and routine applications with lower activity status (low risk) early in the process. A greater number of applications could be considered at a lower level within the team, which will lead to greater efficiencies and the removal of “bottlenecks” within the process.
Proposal
We recommend delegations are set to the lowest position, which means that if the delegated officer is uncertain about a decision, the matter can be referred to a higher level. This may occur if the matter is sensitive or beyond the experience or expertise of the delegate in that instance.
Consistent decisions will be achieved through effective communication between the decision-makers in the team and regular auditing of each other’s decisions. This process is currently in place within the team and would simply be expanded to include the proposed changes.
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Risks
Whilst there is at least some level of risk in every decision issued, it is also important that risk aversion does not unduly hamper process improvement and empowerment.
Risk Mitigation The exercise of Resource Management Act functions Processing checklist “triage” documents will can expose the Council to litigation if staff are include some further decision-making prompts delegated functions that they do not have the to guide officers in their thinking. requisite experience and/or knowledge to exercise Ongoing training across the team to ensure a effectively. consistency of understanding and approach. The potentially more sensitive process matters, such as decisions around notification and cancellation of a resource consent, will be determined at senior levels in the team.
Delegating functions to more people has the potential Exercise of delegations will be taken into for inconsistent decision-making and different levels account in the performance appraisal process of calibration (e.g. one Consents Officer is too that staff go through regularly. stringent in deciding whether an application is Delegations will be further reviewed regularly, incomplete, rejecting applications over minor issues, including (if appropriate) in response to while another is too lenient and accepts sub-standard feedback from applicants, consent holders and applications that cannot be processed). other parties to the consent process.
Proposed changes
The proposed changes are outlined in Schedules 1 and 2 below. Due to the number of changes Sections 5.1 and 5.3 of the Delegations Manual are shown in full. Changes are shaded and underlined. Unchanged provisions are shown in lighter text.
Views of Affected Parties
The exercise of delegation comes from the Council to the Chief Executive to staff, with the various job descriptions for each role stipulating the scope and nature of the delegated authorities that the role is expected to deliver on. Those staff take on the role expecting that delegations will be in place and available in order that they can carry out their roles. In this case, the draft changes were developed in conjunction with the Senior Consents Officers, Principal Consents Officers, Team Leaders (Consents) and Manager (Consents).
Compliance with Significance and Engagement Policy
None of the proposed amendments come into conflict with the provisions of the Significance and Engagement Policy.
Legal Compliance
The amendments being made are to ensure delegated decisions have legal integrity and have legitimate status.
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Consistency with Council’s LTP/Annual Plan/Policy/Strategy
The changes being proposed are consistent with the Strategic Plan directions and with the levels of service set out in the Long-term Plan for delivery of programmes and projects.
Financial and Resource Implications
None of the adjustments have any significant financial or resourcing implications.
The changes relate to RMA processes, and are not financial delegations.
As discussed, there are risks associated with the exercise of delegations. However, the risks are not significantly increased by the proposed changes, and the changes will better distribute tasks at levels and costs appropriate to those tasks. That will reduce workload at the Consents Manager level, allowing more focus on other duties of a more strategic nature.
Attachments
1. Schedules 1 and 2
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Schedule 1: Proposed Update to Section 5.1 of the Staff Delegation Manual
Section 5.1.1 Administrative Charges
Section Function Currently delegated to Proposed delegation 36(5) Require payment of additional charges Manager (Policy and Manager (Policy and over and above any fixed charges to Planning) Planning) enable the recovery of actual and Manager (Consents) Manager (Compliance) reasonable costs. Manager (Compliance) Team Leader (Consents) 36AAB(1) Waive or remit the whole or any part of Manager (Policy and Planning) any charge referred to in Section 36 Manager (Consents) which would otherwise be payable. Manager (Compliance) 36AAB(2) Where a charge of a kind referred to in Manager (Policy and Manager (Policy and section 36 is payable, cease performing Planning) Planning) the action to which the charge relates Manager (Consents) Manager (Compliance) until the charge has been paid in full. Manager (Compliance) Team Leader (Consents) 36AA Determine any discount under Section Manager (Consents) 36AA on an administrative charge imposed under Section 36.
Section 5.1.2 Power to waive or extend time limits or waive requirements
Section Function Currently delegated to Proposed delegation 37(1)(a) Extend time periods associated with a Senior Consents Officer resource consent process, if the applicant has agreed to the extension. Extend time periods associated with a Manager (Consents) Principal Consents resource consent process, where special Officer circumstances exist (without agreement of the applicant to the extension). Extend any other time period not General Manager (Policy, Planning and associated with a resource consent Regulatory Services) process. 37(1)(b) In relation to resource consent Manager (Consents) processes, waive a failure to comply with a requirement regarding the time or method of services of documents. In relation to any process other than a General Manager (Policy, Planning and resource consent process, waive a failure Regulatory Services) to comply with a requirement regarding the time or method of service of documents.
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Section Function Currently delegated to Proposed delegation 37(2) In relation to a resource consent process, Manager (Consents) waive compliance with a requirement (including a procedural requirement) to provide information or direct that the omission or inaccuracy be rectified, and the manner of the correction. In relation to any process other than a General Manager (Policy, Planning and resource consent process, waive Regulatory Services) compliance with a requirement (including a procedural requirement) to provide information or direct that the omission or inaccuracy be rectified, and the manner of the correction.
Section 5.1.3 Commissioning reports
Section Function Currently delegated to Proposed delegation 42A Require an officer or commission a Manager (Consents) Principal Consents consultant or other person to prepare a Officer report. 42A(3) Waive compliance with the requirements General Manager (Policy, Planning and 42A(4)(b) in Sections 42A(3) and 42A(4)(b). Regulatory Services)
Section 5.1.4 Protection of sensitive information
Section Function Delegated to 42 Make an order under this section to General Manager (Policy, Planning and avoid: Regulatory Services) serious offence to tikanga Maori, or to avoid the disclosure of the location of wahi tapu; the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information; and, in the circumstances of the particular case, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available.
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Schedule 2: Proposed Update to Section 5.3 of the Staff Delegation Manual
Section 5.3.1 Application for resource consent
Section Function Currently delegated to Proposed delegation 88(3) Determine that an application is Consents Officer incomplete. 88(3A) If an application is determined to be Team Leader Senior Consents incomplete, return the application to the (Consents) Officer applicant with written reasons for the determination. 88H Decision to exclude time period while Consents & Compliance Administrator waiting for a fixed charge when an or application is lodged or when an Consents Officer application is to be notified.
(s88H takes effect on 30 September 2020) 91C(2) Following a period of suspended Principal Consents Officer 91F(2) processing, decide whether to return the application to the applicant with a written explanation as to why it is being returned or continue to process the application. 91C(3) If a decision is made under Section Senior Consents Officer 91F(3) 91C(2) or 91F(2) to return an application, return the application with a written explanation as to why it is being returned.
Section 5.3.2 Further information requests
Section Function Currently delegated to Proposed delegation 92(1) Request further information relating to a Team Leader Senior Consents resource consent application. (Consents) Officer 92(2) Commission a person to prepare a report Team Leader Principal Consents on any matter relating to a resource (Consents) Officer consent application. 92A(2) When requesting further information Team Leader Consents Officer under Section 92, set a reasonable time (Consents) within which the applicant must provide the information and tell the applicant in a written notice.
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Section 5.3.3 Notification
Section Function Currently delegated to Proposed delegation 91(1) Defer the notification or hearing of an Manager (Consents) application for resource consent where it is considered other resource consents will also be required and it is appropriate that applications for one or more of those other resource consents be made before proceeding further. 95(1) Decide whether to give public or limited Manager (Consents) Principal Consents notification of a resource consent Officer application that is determined by the s88 Triage to be: basic; or accelerated; or routine.
Decide whether to give public or limited Manager (Consents) Team Leader notification of all other resource consent (Consents) applications in accordance with Sections 95A and 95B and notify the application. 95E Determine if a person is an affected Manager (Consents) Principal Consents 95F person for a resource consent Officer application that is determined by the s88 95G Triage to be: 127(4) basic; or accelerated; or routine.
Determine if a person is an affected Manager (Consents) Team Leader person for all other applications. (Consents) 95D For the purposes of deciding whether to Manager (Consents) Principal Consents publicly notify an application, determine Officer whether the effects of the activity will be more than minor for a resource consent application that is determined by the s88 Triage to be: basic; or accelerated; or routine.
For the purposes of deciding whether to Manager (Consents) Manager (Consents) publicly notify an application, determine whether the effects of the activity will be more than minor for all other applications.
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Section 5.3.4 Submissions
Section Function Delegated to 97 Adopt an earlier closing date for Manager (Consents) submissions.
Section 5.3.5 Pre-hearing meetings and Mediation
Section Function Delegated to 99(1) Invite the applicant and submitters to Team Leader (Consents) attend a pre-hearing meeting. 99(1) Require the applicant and submitters to Manager (Consents) attend a pre-hearing meeting. 99(2) Invite a person or persons to attend a Team Leader (Consents) pre-hearing meeting. 99(2) With the consent of the applicant, require Manager (Consents) a person or persons to attend a pre- hearing meeting. 99(8) Decline to process a person’s application Manager (Consents) or consider a person’s submission if they were required but failed to attend a pre-hearing meeting. 99A Refer an applicant and submitters to Senior Consents Officer mediation.
Section 5.3.6 Hearings
Section Function Delegated to 34A(1) The authority, upon appointment, to hear Commissioners that are certified or accredited and make decisions on any application for under the Ministry for the Environment’s resource consent in accordance with Making Good Decisions Programme. s34A(1). This includes the ability to This is a rolling delegation that applies to decide procedural matters, control commissioners that hold certification or hearings, and to make directions. accreditation. The delegation to any particular commissioner commences upon certification and lapses if they lose certification. Appoint a hearing commissioner(s) with Manager (Consents) current certification or accreditation to hear and decide resource consent applications. 39AA Direction that a hearing or part of a Appointed Hearing Commissioner(s), or Team hearing may be conducted using one or Leader - Consents more remote access facilities. 100 Determine that a hearing of an Consents Officer application is necessary. 100A(4) Where an applicant or submitter has Manager (Consents)
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Section Function Delegated to made a request under section 100A, appoint a hearing commissioner(s) to hear and decide the application. 101(1) Fix and give notice of the commencement Consents Officer 101(3) date, time and place of a hearing. 102(1) In relation to joint hearings, agree that Manager (Consents) applications are sufficiently unrelated that a joint hearing is unnecessary. 102(2) Instead of the regional council, agree that Manager (Consents) for a joint hearing another authority should be responsible for notifying the hearing, setting the procedure, and providing administrative services. 103(1) Determine that applications for resource Manager (Consents) consents for the same proposal are sufficiently unrelated that it is unnecessary to hear and decide the applications together.
Section 5.3.7 Decision-making on applications
Section Function Currently delegated to Proposed delegation 104A Determine applications and impose Manager (Consents) Manager (Consents) 104B conditions for applications that were publicly notified but no hearing is 104C required (subject to Section 100) and
for the following activities: Discharges to surface waterbodies that do not meet water quality standards Farming New or expanded dairy farming of cows Intensive winter grazing Incidental discharges from farming Community sewerage schemes Discharges to land and water from industrial and trade processes Commercial surface water activities Aquaculture Discharges to air from industrial and trade premises Any activity controlled by sections 9, 12, 13, 14 and 15 of the RMA for which there is no rule in a regional plan Determine applications and impose Manager (Consents)/ Principal Consents conditions for applications that were Team Leader Officer processed: (Consents)
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Section Function Currently delegated to Proposed delegation (a) non-notified; or (b) by limited notification where no hearing is required (subject to Section 100)
110(1) Refund or return the whole of a financial Manager (Consents) contribution or land in accordance with Section 110. 110(2) Determine the portion of a financial General Manager (Policy, Planning and contribution or land to retain to cover the Regulatory Services) costs incurred by the Council in relation to the activity and its discontinuance. 114(2) Determine what other authorities and Manager (Consents) Senior Consents persons are considered appropriate to be Officer notified of a decision on a resource consent application.
Section 5.3.8 Duration of consent Continuance of existing consents
Section Function Currently delegated to Proposed delegation 124 Allow a resource consent holder to Team Leader Senior Consents operate under an expired resource (Consents) Officer consent while the application for a new consent and any references (appeals) to the Environment Court are determined in accordance with Section 124. 125(1A)(b) Determine an application for extension of Manager (Consents) the lapse date of a consent.
Section 5.3.9 Cancellation and change of consents
Section Function Currently delegated to Proposed delegation 126(1) Cancel a resource consent by written General Manager Manager (Consents) notice in accordance with Section 126. (Policy, Planning and Regulatory Services) 126(2) Revoke the notice of cancellation of a General Manager Manager (Consents) resource consent and determine a new (Policy, Planning and period after which a new notice of Regulatory Services) cancellation may be issued in accordance with Section 126.
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Section 5.3.10 Review of consent conditions by consent authority
Section Function Currently delegated to Proposed delegation
128 Determine whether to review the Manager (Consents) 129 conditions of a resource consent, decide to review multiple resource consents
together, serve notice on a consent holder of the intention to review the conditions, and propose new conditions. 130 Determine whether notification of a Manager (Consents) Principal Consents review is required and whether a hearing Officer be held. 132 Change the conditions of a resource Manager (Consents) Principal Consents consent on a review under Section 128. Officer
Section 5.3.11 Determining activities are permitted activities
Section Function Currently delegated to Proposed delegation 87BB(1)(d) Determine that an activity is a permitted Manager (Consents) Principal Consents activity in accordance with Section Officer 87BB(1)(a) to (c) and advise the person proposing to undertake the activity.
Section 5.3.12 Minor Corrections
Section Function Currently delegated to Proposed delegation
133A Issue an amended consent that corrects Team Leader Senior Consents minor mistakes or defects in the consent (Consents) Officer in accordance with Section 133A.
Section 5.3.13 Transfer and surrender
Section Function Currently delegated to Proposed delegation
136(2)(b)(ii) Approve the transfer of a water permit Manager (Consents) in whole or in part to another person on another site or to another site in accordance with Section 136. 137(3)(b) Approve the transfer of a discharge Manager (Consents) permit in whole or in part to another person or another site in accordance with Section 137. 138(2) Refuse to accept the surrender of part of Manager (Consents) Principal Consents a resource consent. Officer
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Section 5.3.14 Certificates of compliance or existing use
Section Function Currently delegated to Proposed delegation
139(4) Require further information to be Consents Officer provided in relation to a request for a certificate of compliance. 139(5) Issue a certificate of compliance. Manager (Consents) Principal Consents Officer 139A(3) Require further information to be Consents Officer provided in relation to a request for an existing use certificate. 139A(5) Issue an existing use certificate. Manager (Consents) Principal Consents Officer 139A(8) Revoke an existing use certificate in Manager (Consents) accordance with Sections 139A(7) and (8).
Section 5.3.15 Direct referral
Section Function Currently delegated to Proposed delegation
87E Decide whether to agree to an applicant’s General Manager Manager (Consents) request for direct referral of a resource (Policy, Planning and consent application to the Environment Regulatory Services) Court. 87F Approve the content of a report prepared Manager (Consents) under section 87F on an application that has been directly referred to the Environment Court.
Section 5.3.16 Objections
Section Function Currently delegated to Proposed delegation
357C(3) Hear and decide objections against Manager (Consents) certain decisions under sections 357 and 357A. 357AB(2) If requested by an applicant with a right Manager (Consents) Team Leader of objection under Section 357A(1)(f) or (Consents) (g), appoint a hearing commissioner to consider the objection in accordance with Section 357AB. 357C(4) Hear and decide objections against Manager (Consents) additional charges collected under Manager (Policy and Planning) section 36(3). Manager (Compliance)
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Item 7 Councillors’ Meeting Schedule – December 2020
MORF ID: Strategic Direction: Council Policy Report by: Jan Brown, Executive Assistant Approved by: Amy Kubrycht, Acting General Manager, Corporate Services Executive Approval: Rob Phillips, Chief Executive
Purpose
For Council to approve the meeting schedule, as shown on the following pages.
The schedule has been prepared in accordance with current Council policy under the Remuneration provisions contained in Schedule 7 of the Local Government Act 2002.
Recommendation
It is recommended that Council note the planned meetings and resolve to:
1. appoint members to represent Council at the meetings marked on the schedule;
2. pay meeting fees and/or allowances in accordance with its policy and detailed on the schedule.
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Leave of Absence Requests (dates inclusive): Cr McCallum – 8 to 11 November 2020 Fees/ Allowances Meeting Venue Date Time Council Meeting Mileage Other Representation Fee Allowance Retrospective Monday Chairman Horrell Southland Mayoral Forum Via Zoom 19 October 2020 1.30 pm Cr McCallum - Thursday Chairman Horrell Waimumu Downs Project Day @ Waimumu 22 October 2020 10.00 am Cr Ludlow - Wednesday Catchment Group Forum @ Winton 21 October 2020 As advised Chairman Horrell - Friday Joint Shareholders Committee meeting Via Zoom 23 October 2020 As advised Chairman Horrell - -
Ordinary meeting of Council (moved from 30 @ ES Wednesday 10.30 am All Councillors - October to 28 October) 28 October 2020 Friday Chairman Horrell & - Regional Sector Group meeting Via Zoom 30 October 2020 2.30 pm CE @ Waihopai Thursday - Information session re Native Plant Nursery Marae, Invercargill 5 November 2020 9.00 am Chairman Horrell Thursday - Southland Heritage & Building Preservation Trust @ ES 5 November 2020 1.00 pm Cr Ludlow Friday - Whakamana te Waituna Co-Chairs briefing @ ES 6 November 2020 12.00 noon Cr McCallum Friday Chairman Horrell - Southland Mayoral Forum Via Zoom 6 November 2020 1.45 pm Cr McCallum
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Please note, those items with shading or with strikethrough text – indicate changes that have occurred since the last meeting schedule was approved by Council *T = Transport (mileage/air 122fares/etc) *A = Accommodation costs *R = Course/Conference registration costs E = Expenses incurred in association with visit
Councillors Meeting Schedule - December 2020
Leave of Absence Requests (dates inclusive): Cr McCallum – 8 to 11 November 2020 Fees/ Allowances Meeting Venue Date Time Council Meeting Mileage Other Representation Fee Allowance Wednesday Discussion re Transport Matters @ ES 11 November 1.00 pm Cr Baird - 2020 Wednesday Waiau River Working Party meeting @ Invercargill 11 November 10.00 am Crs Baird and - 2020 McDonald Tuesday Catchment Liaison Committee Chairs meeting re @ ES 17 November 2.00 pm Cr McPhail - People Water & Land project 2020 Wednesday Cr McPhail & - River corridor Concept Plan meeting Via Zoom 18 November 3.30 pm Chairman Horrell 2020 OPAC Committee meeting to consider draft Annual Thursday Report @ ES 19 November 9.00 am All Councillors - 2020 @ 677 Waituna Friday Waituna Liaison Committee meeting Road 20 November 1.00 pm Cr McCallum - 2020 Saturday Oreti Totara Dune Forest Opening @ Otatara 21 November 11.00 am Chairman Horrell - 2020 @ Fonterra Plant Monday Fonterra Edendale Community Board meeting Board Room 23 November 6.00 pm Cr McCallum - 2020
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Please note, those items with shading or with strikethrough text – indicate changes that have occurred since the last meeting schedule was approved by Council *T = Transport (mileage/air 123fares/etc) *A = Accommodation costs *R = Course/Conference registration costs E = Expenses incurred in association with visit
Councillors Meeting Schedule - December 2020
Leave of Absence Requests (dates inclusive): Cr McCallum – 8 to 11 November 2020 Fees/ Allowances Meeting Venue Date Time Council Meeting Mileage Other Representation Fee Allowance Saturday Southland Santa Parade @ Invercargill 28 November As advised Chairman Horrell - 2020 Tuesday Council Workshop – LTP development @ ES 1 December 2020 9.00 am All Councillors - Tuesday SIT Awards Ceremony @ Civic Theatre 1 December 2020 7.30 pm Cr Cook - Thursday Zoom Meeting – I Collier Via Zoom 3 December 2020 3.15 pm Chairman Horrell - Thursday Chairman Horrell South Island Regional Council Collaboration Group Via Zoom 3 December 2020 5.15 pm Cr McCallum - Monday Canterbury Mayoral Forum 3 Waters Update Via Zoom 7 December 2020 10.00 am Chairman Horrell - Monday Chairman Horrell Beef & Lamb Farmers meeting @ Winton 7 December 2020 7.00 pm Cr McDonald - Tuesday Chairman Horrell Southland Mayoral Forum @ ES 8 December 2020 12.30 pm Cr McCallum - Tuesday Chairman Horrell Intensive Winter Grazing Hui @ ES via Zoom 8 December 2020 2.45 pm Cr McCallum - Monday Intensive Winter Grazing Group Zoom Meeting Via Link 14 December 2.30 pm Chairman Horrell - 2020
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Please note, those items with shading or with strikethrough text – indicate changes that have occurred since the last meeting schedule was approved by Council *T = Transport (mileage/air 124fares/etc) *A = Accommodation costs *R = Course/Conference registration costs E = Expenses incurred in association with visit
Councillors Meeting Schedule - December 2020
Leave of Absence Requests (dates inclusive): Cr McCallum – 8 to 11 November 2020 Fees/ Allowances Meeting Venue Date Time Council Meeting Mileage Other Representation Fee Allowance Monday Crs Roy, Guyton, Climate Action Plan Working Group meeting @ ES 14 December 3.30 pm Mager & Chairman - 2020 Horrell In addition to the Council meeting already approved: Wednesday To follow Council Appeals Subcommittee @ ES 16 December To follow Council All Councillors - LTP Workshop 2020
December 2020
Thursday Crs McCallum Te Wai Parera Trust meeting @ Bluff 17 December 10.00 am and Horrell - 2020 Friday ES Staff BBQ @ ES 24 December 1.00 pm Interested - 2020 Councillors
January 2020
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Please note, those items with shading or with strikethrough text – indicate changes that have occurred since the last meeting schedule was approved by Council *T = Transport (mileage/air 125fares/etc) *A = Accommodation costs *R = Course/Conference registration costs E = Expenses incurred in association with visit
Councillors Meeting Schedule - December 2020
Leave of Absence Requests (dates inclusive): Cr McCallum – 8 to 11 November 2020 Fees/ Allowances Meeting Venue Date Time Council Meeting Mileage Other Representation Fee Allowance
Council caucus opportunity 9.00 am - Executive meet with Council @ ES Wednesday 9.30 am All Councillors Morning tea break 27 January 2021 10.15 am Ordinary meeting of Council 10.30 am Council Workshop (if required)
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Please note, those items with shading or with strikethrough text – indicate changes that have occurred since the last meeting schedule was approved by Council *T = Transport (mileage/air 126fares/etc) *A = Accommodation costs *R = Course/Conference registration costs E = Expenses incurred in association with visit
Ordinary Meeting of Council – 16 December 2020
Item 8 Common Seal
MORF ID: N/A Strategic Direction: Council Policy Report by: Jan Brown, Executive Assistant Approved by: Amy Kubrycht, Acting General Manager, Corporate Services Executive Approval: Amy Kubrycht, Acting General Manager, Corporate Services
Purpose
For Council to note the Common Seal has been applied to the following document under approved authorisation:
20 November 2020
Deed of Agreement - Heritage Expeditions (2018) Limited and Environment Southland
Recommendation
It is recommended that Council resolve to note the document to which the Common Seal has been affixed under approved authorisation.
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