Agenda of Rural Advisory Panel - Friday, 7 May 2021

I hereby give notice that an ordinary meeting of the Rural Advisory Panel will be held on:

Date:

Time:

Meeting Room:

Venue:

Friday, 7 May 2021

12.30pm

Room 1, Level 26
135 Albert Street
Auckland

Ngā Hui a te Rōpū Kaitohutohu Take ā-Taiwhenua/ Rural Advisory Panel

OPEN AGENDA

MEMBERSHIP

Chairperson	Deputy Mayor Cr Bill Cashmore	Auckland Council
Deputy Chairperson	Greg Sayers	Auckland Council
Members	Brent Bailey	Rodney Local Board, Auckland Council
	Alan Cole	Franklin Local Board, Auckland Council
	Lucy Deverall	Horticulture New Zealand
	Trish Fordyce	New Zealand Forest Owners Association
	Wilma Foster	Dairy New Zealand
	Richard Gardner	Federated Farmers
	Annaliese Goettler	Young Farmers
	Fiona Gower	Rural Women New Zealand
	Steve Levet	Rural Contractors New Zealand
	Craig Maxwell	Federated Farmers
	Greg McCracken	Fonterra Shareholders Council
	Andrew McKenzie	Beef and Lamb New Zealand
	Roger Parton	Rural Contractors New Zealand
	Wayne Scott	Aggregate and Quarry Association
	Geoff Smith	Equine Industry
	Peter Spencer	New Zealand Forest Owners Association
	Ken Turner	Waitākere Ranges Local Board, Auckland Council
	Keith Vallabh	Pukekohe Vegetable Growers
	Glenn Wilcox	Independent Māori Statutory Board

(Quorum 10 members)

Sandra Gordon

Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

3 May 2021

Contact Telephone: (09) 8908150

Email: sandra.gordon@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

No.	Title	Page
a ⇩	Rural Advisory Panel Views on the 10-year Budget 2021-2031	11

No.	Title	Page
a ⇩	Te Hiku Tāmaki Makaurau Auckland Fire Plan Draft for consultation	15

Rural Advisory Panel

07 May 2021

Auckland Unitary Plan (Operative in Part) 2016 - Making the Rural Subdivision provisions operative

File No.: CP2021/04752

Te take mō te pūrongo

Purpose of the report

1. To inform the panel that the appeals on the rural subdivision provisions have been resolved and that these parts of the Auckland Unitary Plan (Operative in Part) will formally be made operative in June 2021.

Whakarāpopototanga matua

Executive summary

2. The Environment Court has issued a final decision on the appeals on the rural subdivision provisions of the Auckland Unitary Plan (Operative in Part).

3. The provisions in the court’s decision are largely aligned with the council’s position that sought to lessen opportunities for widespread rural lifestyle subdivision across the region.

4. The appeals period on the Environment Court decision has now passed and no appeals have been lodged. Therefore, as a formality the Planning Committee made the rural subdivision provisions operative in the Auckland Unitary Plan (Operative in Part) at their meeting of 6 May 2021. The Unitary Plan will be formally updated in June.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) receive the report on the final decisions of the Auckland Unitary Plan rural subdivision appeals and that Ryan Bradley be thanked for his update.

Horopaki

Context

5. The Independent Hearings Panel (‘IHP’) released its recommendations on the Auckland Unitary Plan (Operative in Part) (‘Unitary Plan’) in July 2016. Auckland Council rejected some of the recommendations on the rural subdivision provisions because the council considered the new provisions would be too enabling of subdivision across the rural area. This could result in adverse effects on rural production and soils, rural character, landscape and amenity, ecology, infrastructure, as well as generally undermining the council’s strategic growth direction of a compact city. The council’s decision replaced the subject parts of the Unitary Plan with its own (less enabling) provisions.

6. The council’s rejection of an IHP recommendation opened an avenue under the Local Government (Auckland Transitional Provisions) Act 2010 (‘LGATPA’) for submitters to appeal the council’s decision. In September 2016 the council received ten appeals on the rural subdivision provisions seeking that all of the IHP's recommendations on rural subdivision be included in the Unitary Plan.

7. The provisions that were subject to appeal are located in Chapter B9 Rural environment, Chapter E39 Subdivision - Rural, Chapter E15 Vegetation management and biodiversity, Appendix 15 - Subdivision information, and Chapter H19 Rural zones (Zone description Countryside Living zone).

8. An Environment Court hearing was held in March 2018 and the decision from the court in June 2018 was to agree with the appellants and retain the IHP rural subdivision provisions. The council appealed this decision to the High Court on a number of points of law. A High Court hearing was held in June 2019 and the decision from the court in August 2019 was to agree with the council that the earlier Environment Court decision was based on errors of law and therefore needed to be revisited. The High Court sent the matter back to the Environment Court to reconsider the matter in light of the High Court findings.

9. A second Environment Court hearing was held in June 2020 and the final decision of the court in March 2021 was different to the first one and more aligned to the council’s position on rural subdivision. A copy of this Environment Court decision is included in Attachment A including the wording of the final provisions.

Tātaritanga me ngā tohutohu

Analysis and advice

10. Before identifying the differences between the council and the appellant’s rural subdivision provisions, it is important to note that they share some things in common in that they both:

· Require environmental enhancement in exchange for rural-residential lots

· Provide a number of environmental enhancement options – protecting existing indigenous vegetation and/or wetlands and planting new indigenous vegetation

· Allow transfers of titles away from sensitive areas

11. In general, it is the detail of these provisions that is different. The rural subdivision provisions are relatively complex so the table below outlines the key areas of difference between the parties and the final decision of the Environment Court.

Appellants (IHP version)	Auckland Council position	Final Environment Court decision
No cap on ability to create new in-situ rural lifestyle sites	Cap of 3 in-situ sites – then must transfer any above that	More aligned with council: Cap of 3 for wetlands and revegetation planting Cap of 12 for existing bush
Enable transfers of titles widely from “one place to another”	Transfers only to some specific Countryside Living zoned areas	Agree with council: Transfers only to some specific Countryside Living zoned areas
Require a smaller amount of indigenous vegetation (2ha) to be protected to enable the first lot	Larger amount of indigenous vegetation for first lot (5ha)* *Before second Environment Court hearing council changed its position on this matter to 4ha.	More aligned with council: 4ha for in-situ subdivision 2ha for transfers
Indigenous vegetation for protection can be any vegetation that meets the SEA factors	Vegetation can only be identified SEA in the plan* *Before second Environment Court hearing council changed its position on this matter to allow bush meeting the SEA factors to be used.	Aligned with appellants (and council’s revised position): Bush can be any bush that meets SEA factors
New revegetation planting to enable subdivision can be located anywhere	New planting must be contiguous with an identified SEA (or bush meeting the SEA factors)	Agree with council: New planting must be contiguous with an identified SEA (or bush meeting the SEA factors)

12. In summary, the provisions from the Environment Court are more aligned to the council’s position on rural subdivision and are less enabling than the IHP provisions that the appellants sought.

Ngā koringa ā-muri

Next steps

13. The final steps in making the rural subdivision provisions operative are to publicly notify the date on which it will become operative and to update the Unitary Plan text and maps. This will occur in June 2021.

14. In the interim, the council’s resource consents department have been advised that the rules can already be deemed operative under s86F of the RMA.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Final Environment Court decision (March 2021)	89

Ngā kaihaina

Signatories

Author

Ryan Bradley - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Warren Maclennan – Lead Officer

Rural Advisory Panel

07 May 2021

PDF Creator

Rural Advisory Panel

07 May 2021

Update on Essential Freshwater implementation

File No.: CP2021/04976

Te take mō te pūrongo

Purpose of the report

1. To provide a brief update on several implementation initiatives being undertaken on the Essential Freshwater programme following central government decisions in 2020.

Whakarāpopototanga matua

Executive summary

2. Central government’s Essential Freshwater programme resulted in four regulatory instruments being gazetted in August 2020, with effective dates being phased in from 3 September 2020 The National Policy Statement for Freshwater Management 2020 (NPS-FM) and the new Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) were two key instruments of wide-ranging interest.

3. Some of the NES-F provisions and their practical interpretation have led to councils and interest groups seeking clarity from central government on how these instruments will be implemented as written.

4. Subsequent work to aid implementation includes the following initiatives:

· 2021-22 Intensive winter grazing module (27 April 2021) – following Ministerial decision of March 2021 to defer the effective date of relevant NES-F provisions from 1 May 2021 until 1 May 2022; and recent Ministerial correspondence of 27 April 2021 to the Southland Advisory Group noting expectations around demonstrable improvements in intensive winter grazing during the 2021 winter season

· opportunity for feedback to central government (closed 3 May 2021) on the exposure draft of the natural wetland definition interpretation guidance for the Resource Management (National Environmental Standards for Freshwater) Regulations 2020, the National Policy Statement for Freshwater Management 2020, and the Resource Management (Stock Exclusion) Regulations 2020

· preparation of a proposed central government consultation document on farm planning expected to be released in mid-2021

· potential Jobs for Nature funding being provided from central government to iwi representatives in the Pukekohe vegetable growing area (as defined in Appendix 5 of the NPS-FM) to facilitate their involvement in progressing, with other interests, improvements in water outcomes in the specified area.

5. To keep the Rural Advisory Panel appraised of these largely central government led initiatives, Chief Planning Office staff will provide a brief verbal update on the initiatives noted.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) receive the update on central government initiatives to support the implementation of aspects of the Essential Freshwater 2020 package.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Dave Allen - Manager Natural Environment Strategy

Authorisers

Jacques Victor – General Manager Auckland Plan Strategy and Research

Warren Maclennan – Lead Officer

Rural Advisory Panel

07 May 2021

Healthy Waters regular update

File No.: CP2021/00836

Te take mō te pūrongo

Purpose of the report

1. To provide an update on Healthy Waters’ current operational work affecting the rural sector.

Whakarāpopototanga matua

Executive summary

Drought

2. Water shortage and low dam levels continue to affect Auckland, but supplies remain stable.

3. This report provides the Rural Advisory Panel with an update on drought response actions taken by Auckland Council and Watercare since February 2021. This includes:

· additional bulk bore supplies have been activated in Orewa

· activation of Hays Creek Dam in Papakura

· notifying the plan change for rainwater tanks to ease consent requirements.

4. Priority focus areas for staff over the next few months include:

· completing the Karaka bulk bore supply

· long term planning for future welfare needs

· progressing water efficiency for sports fields

· continued communications to increase rainwater tank uptake and maintenance in rural and urban areas.

Long-term Plan 2021-2031 consultation

5. Public consultation on the Long-term Plan 2021-2031 has been completed. Decisions will be made in June 2021 following a series of workshops with councillors and local board members.

6. There was general support for the water quality targeted rate.

7. There was significant local interest in a new Rodney Drainage Districts targeted rate. An event in Wellsford was well attended by landowners who would be affected by a new rate. Overall feedback at this event opposed the rate.

8. A further update report will be provided to the panel at its August 2021 business meeting, following decision making on the long-term plan.

Ngā tūtohunga

Recommendation

That the Rural Advisory Panel:

a) receive the update on Healthy Waters’ current operational work affecting the rural sector

Horopaki

Context

Drought

9. Watercare’s dams are 51 per cent full (12 April 2021), compared to 77 per cent historical average. Rain throughout summer and early autumn were significantly below average across the region, despite forecast La Niña weather conditions. Aquifer monitoring informs our bore supplies.

10. Total March rainfall was either at or below the long-term normal range. Soil moisture is normal at all 10 monitoring sites. All rural monitored stream sites are above mean annual low flow (MALF) levels. Deep aquifers in the Waitematā Group, Waiheke greywacke, and Kaawa Formation rocks remain at low levels. Low groundwater levels are also consistently present in aquifers with high irrigation demand, particularly in Franklin.

11. Watercare and Auckland Council’s communications are aligned to help all water users prepare for and respond to the dry conditions.

Long-term Plan 2021-2031 consultation

12. The long-term plan consultation included options to either increase and extend the water quality targeted rate, or just extend the rate. The increase and extension allows for more investment in existing work programmes, and investment in new work programmes.

13. 19 per cent of feedback (3375 submissions) came from rural local board areas (Franklin, Rodney, Waitākere Ranges).

14. Other consultation items included confirmation of the Waitākere septic tank pump-out rate, a new Rodney Drainage Districts targeted rate, and confirmation of the Clevedon Water and Wastewater Connection Targeted Rate.

Tātaritanga me ngā tohutohu

Analysis and advice

Drought

15. There are three bulk sources of non-potable water across the region.

· 141 Hugo Johnston Drive, Penrose (suitable for exterior cleaning)

· Stadium Road, Western Springs (not suitable for exterior cleaning)

· 1a Northcote Road, Takapuna (suitable for exterior cleaning).

16. Auckland Council continues to minimise its potable water consumption for recreation and amenities through water efficiency and activating bore supplies at key sports grounds.

17. Following investigations, infrastructure for bulk water supply has been installed in Orewa. The site at Karaka is scheduled for activation by July 2021. Availability of parts delayed activation of these sites.

18. Feedback from the industry using the Orewa facility has been positive, however, demand for the water has been low.

19. Watercare and Healthy Waters monitor demand at bulk water supply locations to determine if welfare sites need to be activated. Feedback from bulk water delivery companies shows they have been able to continue to meet demand despite low rainfall.

20. Current use shows low demand at welfare sites, and we did not need to promote them through our activation protocols over the summer period. An additional welfare site was established at Sanders Reserve to support the Paremoremo community.

21. With further analysis, staff have identified 31 sites which warrant further investigation as potential new welfare water sites or upgrades to existing sites across the Auckland region. These sites could provide support to rural communities in future emergency situations. Most sites require additional investment that is not currently budgeted. Staff are developing a five-year work programme to meet improvement requirements. This will likely be influenced by new drinking water standards set by Taumata Arowai.

22. The council provided advice to private property owners with bores to increase the amount of water that can be taken.

23. Community Facilities is developing work to enable collection and water re-use at council facilities. Old irrigation bores are being investigated and designs prepared to link into the existing irrigation systems. New bores have been installed at high priority sports fields. The process is underway to obtain resource consents for these locations.

24. Through summer, Auckland Council and Watercare have continued their communications to rural communities about preparing for dry conditions.

25. As we move into winter, our communications focus is on encouraging Aucklanders to increase their water storage by considering installing an additional water tank.

26. Auckland Council continues to promote rainwater tank installation. Since June 2020, Healthy Waters has supported 113 households to install new rainwater tanks. Of note are some large commercial requests for tanks being installed at fuel service stations across the Auckland region.

Long-term Plan 2021-2031 consultation

27. Water quality targeted rate comments from residents in rural boards supported previous feedback from the Rural Advisory Panel regarding the equitable benefits across the region. Regardless, residents in both Franklin and Waitākere showed majority support for at least an extension of the rate (51 per cent and 57 per cent respectively).

28. Staff will continue to develop programmes that can deliver benefits across the region.

29. Spending is not allocated to specifically rural and urban areas. Spending of water quality targeted rate funding to date in the rural local board areas is approximately $5.5 million. This has been predominantly spent in the onsite wastewater system programme, rural streams restoration funding, and contaminant reduction work in Kaipara Harbour. The approximate proportion of the proposed water quality targeted rate investment in rural areas proposed in the Long-term Plan 2021-2031 is 10 per cent.

30. The southern catchments alignment programme will involve work on both urban and rural roads. Work carried out in urban areas benefits the Manukau Harbour catchment, including rural residents. The upgrades on Mill Road will benefit rural road users and reduce contamination and flooding in Slippery Creek and Hingaia Stream.

31. The Rodney Drainage District targeted rate was proposed to be established for properties in Te Arai and Okahukura drainage districts that benefit from, or contribute to the need to maintain, the drainage assets. 11,728 pieces of feedback were received in response to this proposal. In the Rodney Local Board area, where the drainage districts are located, the number of submissions for and against the proposal was evenly split. In other areas of Auckland, the number of submissions supporting the proposal was almost four times that of those against.

32. Prior to the long-term plan engagement period, staff held multiple workshops in the drainage district areas to develop a methodology that would suit the community. Multiple funding options for this mechanism were considered by the Governing Body. The long-term consultation was to confirm the funding mechanism (a targeted rate for affected properties).

33. A special event was held on 16 March 2021 specifically on the Rodney Drainage District targeted rate. At this event, 108 pieces of feedback were recorded. Of those, 61 per cent were against the proposal and one person was in favour.

34. The primary concerns for those who did not support the rate were that:

· stormwater management is an essential service and should be funded from the general rate

· rural properties are paying too much in rates and receiving too little service from the council

· targeted rate money may not be spent wisely or could be spent elsewhere

· the current budget would be enough if property owners did the work themselves through an incorporated society to manage the assets.

35. The primary theme for those who supported the rate was that when a small group benefits from a service, it should be user-pays.

36. Federated Farmers supported the introduction of the drainage district targeted rate, commenting that the Uniform Annual General Charge and Targeted Rate are generally fairer for farms than property value.

Tauākī whakaaweawe āhuarangi

Climate impact statement

37. Climate change predictions indicate that there will be more extended dry periods in the future. Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan includes provisions for drought.

38. The operational work outlined in this report reflects the policy directives from Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan to improve the drought-resilience of Auckland’s water network.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

39. Auckland Council departments are working closely with Watercare in developing and implementing the council’s operational response to the drought.

40. Auckland Transport continues to utilise non-potable water and reduce water use in construction and maintenance where possible.

41. Feedback on the long-term plan was considered by all CCOs, who will be able to participate in workshops prior to decision making.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

42. Healthy Waters continues to liaise with local boards on specific projects, drought response requirements, and budget planning.

43. Feedback will be received from local boards prior to decision making. Each local board received a summary of the projects that could be delivered in their area if the water quality targeted rate is extended and increased.

Tauākī whakaaweawe Māori

Māori impact statement

44. Healthy Waters recognises the high significance of wai to mana whenua and the need to consider the rights and concerns of Māori in relation to water.

45. Healthy Waters staff presented on the drought response to the Infrastructure and Environmental Services mana whenua hui on 16 March 2021. It was agreed that council and mana whenua would develop long term drought strategies together as partners. Further workshops will be scheduled to address water supply challenges from a te ao Māori perspective.

46. Healthy Waters continues to liaise with mana whenua on specific projects, drought response requirements, and budget planning through the Infrastructure and Environmental Services mana whenua hui.

47. Four per cent of feedback on the long-term plan came from people identifying as Māori. Most mana whenua groups identified water quality as a high priority in their feedback.

Ngā ritenga ā-pūtea

Financial implications

48. Watercare continue to underwrite the capital costs of emergency bore development for drought relief.

49. To reduce the impact on the council group’s constrained budgets and maintain a fair market, water carriers will need to pay for any water taken from supplementary bore supplies to recover costs. This price change came into effect from 1 March 2021.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

50. Risks identified early in the drought response have not eventuated. Staff continue to monitor these risks.

51. The key risks and mitigations of the council’s drought response are outlined in Table 1.

Table 1: Risks and mitigations relating to the council’s drought response

Risk	Mitigation	Risk rating after mitigation (low, medium or high)
Water carriers not able to meet demand, causing long delays for deliveries	- Encourage partial filling at lower cost - Stronger communication for water saving and early bookings	Medium Engagement shows manageable demand.
Bulk filling stations restricted or closed due to stage 2 or 3 water restrictions	- Activate supplementary bore supplies - Stronger communication for water saving and early bookings	Low Forecasts do not indicate the need for further restrictions.
Residents not able to increase tank supply due to high demand or cost of tank	- Work with tank industry to support them to meet demand - Remove consent fees	Low There will be people unable to purchase additional tanks, particularly tenants. Wait times have reduced.
Supplementary bores are not able to provide bulk filling	- Re-engage milk tanker fleet for private carriers on a cost recovery basis	Medium Demand would increase for Watercare’s network.

Ngā koringa ā-muri

Next steps

52. The Finance and Performance Committee will workshop and make decisions on the long-term plan proposals from April to June 2021. These decisions will be made public through Auckland Council’s communications channels.

53. A further update report will be provided to the panel at its August 2021 business meeting.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Elizabeth Johnson – Senior Specialist, Wai Ora Strategic Programmes

Andrew Chin – Head of Healthy Waters Strategy

Authorisers

Craig Mcilroy – General Manager Healthy Waters

Barry Potter - Director Infrastructure and Environmental Services

Warren Maclennan – Lead Officer

Rural Advisory Panel

07 May 2021

Update on Auckland Regional Pest Management Plan 2020-2030

File No.: CP2021/05180

Te take mō te pūrongo

Purpose of the report

1. To provide an update on the Regional Pest Management Plan 2020-2030.

Whakarāpopototanga matua

Executive summary

2. In March 2019 the Environment and Community Committee adopted a new Regional Pest Management Plan. The plan was prepared under the Biosecurity Act 1993, and describes the pest plants, animals and pathogens that will be managed in Auckland. It provides a strategic and statutory framework to minimise the spread and impact of these pests.

3. The plan was not made operative immediately following its adoption, due to Environment Court applications (appeals).

4. Four of the five appeals were formally resolved in March 2020. However, further delays were caused by COVID-19.

5. The plan was made operative-in-part (all parts except the marine sections 2.4 and 7.7.11) on 10 November 2020 by affixing the council’s seal. The remaining marine sections were made operative on 25 January 2021. The plan is attached (refer Attachment A). Link to full plan: https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-plans-strategies/topic-based-plans-strategies/environmental-plans-strategies/Pages/regional-pest-management-plan.aspx

6. The Council’s Environmental Services department is now beginning to implement the new plan, including sections of key interest to the rural sector such as:

· delivering possum control across 50% of rural Auckland

· surveillance and response to maintain wallaby-free status of the region

· development, release and monitoring of biocontrol for widespread pest plants

· eradication of low incidence, high threat pest plants

· Canada geese management in collaboration with Federated Farmers, Fish and Game, Auckland Airport and other parties

· fencing support to rural landowners protecting priority ecosystems

· gorse ‘good neighbour rule’ enforcement to protect commercial primary production

· supporting improved nursery biosecurity through industry-led initiative Plant Pass and accompanying Plant Buyers’ Accord

· regulation of nursery and pets trade to prevent future threats to primary production.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) receive the report by Imogen Bassett, Biosecurity Principal Advisor, Environmental Services.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author	Imogen Bassett, Biosecurity Principal Advisor, Environmental Services
Authoriser	Warren Maclennan – Lead Officer

Author	Sandra Gordon - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor
Authoriser	Warren Maclennan – Lead Officer

Author	Thomas Harré, Principal Rural Fire Officer, Auckland – Fire and Emergency New Zealand
Authoriser	Warren Maclennan – Lead Officer