Agenda of Rural Advisory Panel - Friday, 4 February 2022

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

Date:

Time:

Meeting Room:

Venue:

Friday, 4 February 2022

12.30pm

This meeting will be held remotely and a recording of the meeting will be available on: https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

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	Cr Greg Sayers	Auckland Council
Members	Brent Bailey	Rodney Local Board, Auckland Council
	Alan Cole	Franklin Local Board, Auckland Council
	Trish Fordyce	New Zealand Forest Owners Association
	Mike Bramley	Dairy New Zealand
	Shaun Hazelton	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 Andrew Olsen	Beef and Lamb New Zealand Rural Contractors New Zealand
	Michelle Sands	Horticulture 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

27 January 2022

Contact Telephone: (09) 8908150

Email: sandra.gordon@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Terms of Reference

(Excerpt – full terms of reference available as a separate document)

The terms of reference set out the purpose, role and protocols of the Auckland Council Rural Advisory Panel for the 2019-2022 term of the council. Panel members must abide by the Code of Conduct for Members of Auckland Council Advisory Panels.

Purpose

As one of council’s engagement mechanisms with the rural sector in Auckland, the Rural Advisory Panel provides advice to the council within the remit of the Auckland Plan on the following areas:

· council policies, plans and strategies relevant to rural issues

· regional and strategic matters relevant to rural issues

· any matter of particular interest or concern to rural communities.

Outcomes

The panel’s advice will contribute to improving the outcomes of the rural sector as set out in the Auckland Plan. The panel will provide advice through its agreed work programme.

Work programme

The panel must develop a work programme for the term. The agendas should be focused and aligned with the Auckland Plan and the long-term plan.

Submissions

The panel cannot make formal submissions to Auckland Council on council strategies, policies and plans, for example, the annual plan. However, the panel may be asked for informal feedback during a consultative process.

In its advisory role to the council, the panel may have input into submissions made by the council to external organisations but does not make independent submissions, except as agreed with the council.

This does not prevent individual members being party to submissions outside their role as panel members.

Review

The form and functioning of the panel may be reviewed prior to or after, the end of the year 2022.

1 Apologies

Apologies have been received from Member Member Wayne Scott and Peter Spencer for absence.

2 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

3 Confirmation of Minutes

That the Rural Advisory Panel:

a) confirm the ordinary minutes of its meeting, held on Friday, 5 November 2021 as a true and correct record.

4 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

Rural Advisory Panel

04 February 2022

Auckland Transport - public consultation on proposed activities in the Road Corridor Bylaw 2022

File No.: CP2022/00298

Te take mō te pūrongo

Purpose of the report

1. To hear from representatives of Auckland Transport on the public consultation on the proposed Road Corridor Bylaw 2022 and provide feedback.

Whakarāpopototanga matua

Executive summary

2. Public consultation is now open on the development of a consolidated bylaw to regulate activities within the road corridor requiring an approval, such as construction; trading, events and filming; and livestock on roads.

3. This new bylaw consolidates five bylaws that require an approval from Auckland Transport. These are the Trading and Events in Public Places Bylaw 2015, Public Safety and Nuisance Bylaw 2013, Rodney District Council General Bylaw 1998 Chapter Six Stock on Roads, Franklin District Council Stock on Roads Bylaw and the Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015.

4. Public consultation closes on 20 February 2022.

5. Representatives from Auckland Transport will outline the proposed changes which are detailed in the attached memorandum (Attachment A), Draft Bylaw (Attachment B), statement of proposal (Attachment C) and quick guide (Attachment D).

6. To read about the proposed bylaw, please go to https://at.govt.nz/about-us/have-your-say/proposed-road-activities-bylaw/

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) mihi / thank representatives of Auckland Transport for their attendance and presentation.

b) whakarato / provide feedback on the proposal from Auckland Transport to regulate activities in the roading corridor.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Memorandum - Proposed Auckland Transport Activities in the Road Corridor Bylaw 2022	11
b ⇩	Proposed Auckland Transport Activities in the Road Corridor Bylaw 2022 - draft bylaw	15
c ⇩	Proposed Auckland Transport Activities in the Road Corridor Bylaw 2022 - statement of proposal	37
d ⇩	Proposed Auckland Transport Activities in the Road Corridor Bylaw 2022 - quick guide	41

Ngā kaihaina

Signatories

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

Rural Advisory Panel

04 February 2022

Transport Emissions Reduction Plan

File No.: CP2022/00148

Te take mō te pūrongo

Purpose of the report

1. To provide an overview of the Transport Emissions Reduction Plan for Auckland and request feedback on key questions.

Whakarāpopototanga matua

Executive summary

Background

1. Auckland Council and Auckland Transport are developing a Transport Emissions Reduction Plan (TERP) to give effect to Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan. Te Tāruke-ā-Tāwhiri commits to halve regional emissions by 2030 and aims for a 64 per cent reduction in transport sector emissions by 2030 (against 2016 levels).

2. As part of the development of the TERP, staff will:

- Identify actions that can reduce transport emissions and assess their emissions reduction potential,

- Develop pathways (combination of actions) to achieve a 64 per cent reduction in transport sector emissions by 2030,

- Assess the broader social, cultural, environmental and financial impacts of the pathways, and

- Develop a recommended pathway for approval by the Environment and Climate Change Committee by June 2022.

3. On 12 August 2021, the Environment and Climate Change Committee endorsed the approach for this work, including the creation of a Transport Emissions Reference Group to provide direction for staff undertaking this work (ECC/2021/32). The Reference Group includes members from the Environment and Climate Change Committee, Independent Māori Statutory Board, Mana Whenua Kaitiaki Forum and Auckland Transport Board.

4. A progress update was presented to the Environment and Climate Change Committee on 2 December 2021, including recommended actions for early implementation (ECC/2021/45).

5. The TERP is a strategic regional plan and will not include area-specific projects. Implementation of the TERP (including identification of specific projects) will follow the adoption of a pathway and will include broader public engagement and consultation processes.

Analysis

6. Meeting the region’s climate goals will require transformational change in how people and goods travel in Tāmaki Makaurau. Local and central government will also need to move away from business-as-usual planning and investment processes. The TERP will likely require significant improvements to public transport and active modes, greater enablement of urban intensification and safer streets and public spaces, policies that restrict car use such as congestion pricing and increased parking charges, increased uptake of electric vehicles and other behaviour change programmes.

7. There is also a very real opportunity to bring about dramatic improvement in non-transport outcomes valued by Aucklanders, some of which can help to address existing transport barriers faced by some sections of our communities. These improvements include cleaner air, lower travel costs, safer streets, fewer traffic-related deaths and serious injuries, improved public health, lower road infrastructure costs, and more equitable access to jobs, health, services, and other opportunities.

8. The TERP is being developed in the wider context of increasing Government action on climate change. This includes the development of the Government’s Emissions Reduction Plan (ERP), which is expected to introduce policy changes and additional funding to better enable the delivery of sustainable transport modes.

9. A bespoke TERP emissions model has been developed to identify the scale of the challenge. Preliminary modelling indicates that change is possible, but the level of transformation required is immense. Three key observations arise from the modelling work so far:

· although central government has outlined a number of actions in its ERP, these do not go far enough, nor do they act fast enough to achieve a 64 per cent reduction in emissions. TERP must fill a large gap between the baseline and the target.

· all levers across transport and a range of other sectors will need to be pulled as hard as they can be within the timeframe available.

· among the levers, mode shift is by far the most powerful to meet the 2030 target. However, significant mode shift to all sustainable modes is required, especially active modes. A compact urban form and accelerated decarbonisation of the public and private vehicle fleet are also crucial.

Feedback requested

10. Auckland comprises diverse communities with different travel patterns and needs. While it is important that everyone reduces their transport emissions, what works in urban areas may be less effective for rural communities and so approaches tailored to the needs of specific communities are required. It is therefore important that the development of the TERP reflects the feedback from the Rural Advisory Panel.

11. Key questions requested from the Rural Advisory Panel are:

a) What are the transport barriers faced by rural communities in Auckland?

b) How can Auckland Council and Auckland Transport support rural residents in Auckland to transition to low carbon transport modes, e.g. shared and electric vehicles, public transport, and active modes?

c) How can Auckland Council and Auckland Transport best engage with rural residents on transport and climate issues?

Next steps

12. Staff will report back to the Environment and Climate Change Committee on 10 March 2022 on the progress of the early actions that were recommended at the 2December 2021 Environment and Climate Change Committee meeting.

13. A recommended pathway will be presented to the Environment and Climate Change Committee for approval by June 2022. Implementation of the TERP will follow the committee’s decision in 2022.

14. A copy of the recommended pathway will be provided to the Rural Advisory Panel after June 2022, including a summary of how the Panel’s feedback has been incorporated into the recommended pathway.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) receive the overview on the Transport Emissions Reduction Plan.

b) provide feedback on the questions included in this report, as well as any other feedback.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Szening Ooi - Principal Transport Advisor

Authorisers

Jacques Victor – General Manager, Auckland Plan Strategy and Research

Warren Maclennan - Lead Officer

Rural Advisory Panel

04 February 2022

Essential Freshwater update - Auckland Council staff input into regulatory instruments and guidance publications

File No.: CP2022/00195

Te take mō te pūrongo

Purpose of the report

1. To provide an update on the central government Essential Freshwater package and an overview of input from Auckland Council staff into its national and regional implementation and refinement.

Whakarāpopototanga matua

Executive summary

2. Central government’s Essential Freshwater package had several regulatory instruments that came into effect from 3 September 2020. Key regulatory instruments encompassed by this package at that time included:

· the National Policy Statement for Freshwater Management 2020 (NPS-FM)

· the National Environmental Standards for Freshwater 2020 (NES-F)

· the Resource Management (Stock Exclusion) Regulations 2020

· amendments to the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010.

3. As previously advised, the Essential Freshwater regulatory instruments of 2020 were adopted by central government at pace, and various implementation concerns arose, particularly with the NES-F. Central government has since been working with various interests to address these concerns. Auckland Council’s Chief Planning Office are actively coordinating Auckland Council’s strategic and operational input into the refinements required, in addition to reviewing other collateral produced to guide implementation.

4. A further significant initiative within the Essential Freshwater package relates to the ongoing development of farm planning regulations (being a legal instrument created under Part 9A of the Resource Management Act), which are expected to be gazetted for the second half of 2022. The regional sector continues to coordinate its input into these central government proposals, following on from the central government discussion document of July 2021.

5. Ministerial decisions on proposals of interest to the Rural Advisory Panel, as canvassed in various central government discussion documents in the second half of 2021, should be available before June 2022.

Auckland Council feedback to central government discussion documents

6. No new significant central government discussion documents have been released for feedback on elements of the Essential Freshwater package since the last Rural Advisory Panel meeting on 5 November 2021.

7. Nevertheless, council staff technical feedback has been provided to central government staff on initiatives encompassed by the Essential Freshwater package:

· Regional Sector report on Intensive Winter Grazing dated 1 November 2021 (Attachment A), being the second of a quarterly report series covering activities between 1 July and 30 September 2021. The Minister has agreed that a third quarter report for the period October to December 2021 is not necessary, as various interests focus on preparing for the 2022 winter season and to progress other underpinning and inter-related initiatives to improve the future management of the Intensive Winter Grazing activity.

· In mid-December 2021 Natural Environment Strategy staff provided feedback to the Ministry for the Environment on the draft technical guidance for Stock Holding Areas. This document was prepared by AgFirst, an Agribusiness & Environmental Consultant. The technical guidance document provides examples of stockholding areas as defined by the relevant regulations in the NES-F, and associated compliance requirements applying to those examples. The final version of the Ministry’s technical document is scheduled to be released before the end of February 2022.

8. At the 5 November 2021 meeting of the Rural Advisory Panel, strategy staff advised of Auckland Council’s initial consideration of central government’s ‘Managing Our Wetlands’ discussion document. Once submitted, the approved council submission was subsequently circulated to the Planning Committee and copied to members of the Rural Advisory Panel on 8 November 2021. Of particular concern to council staff around the country was the wetland definitions used in the NES-F, as derived from the NPS-FM, and as distinct from that defined more broadly in the Resource Management Act 1991.

9. Thereafter, the High Court released its judgement in an appeal case between the Minister of Conversation v Mangawhai Harbour Restoration Society Incorporated [2021] NZHC 3113 [18 November 2021], arising from an earlier Environment Court decision. The High Court found that the natural wetland provisions of the NES-F apply in the coastal marine area (CMA).

10. As a result of the High Court decision, Auckland Council’s recently published guidance (October 2021) on the NES-F wetland provisions will need to be updated. Auckland Council is currently developing a process to assist the identification and delineation of natural wetlands in the coastal marine area (CMA), as the current guidance published by the Ministry for the Environment is not tailored for coastal environments.

11. In December 2021, representatives from four northern councils (including Auckland) have written to either the Minister for the Environment or senior Ministry for the Environment staff expressing concerns about the High Court decision. This included:

· challenges in identifying and delineating natural wetlands in the CMA under the definitions provided by the Resource Management Act 1991 and NPS-FM

· the broad definition of natural wetlands means a significant portion of the CMA will need to be assessed as a ‘natural wetland’ when applying the NES-F, resulting in considerable consenting requirements

· concerns that the NES-F provisions override well refined coastal wetland provisions in respective regional coastal planning documents, made in the context of the New Zealand Coastal Policy Statement.

12. Council staff have requested that beyond the natural wetland definition amendment proposals being considered by central government’s Managing Our Wetlands discussion document, there is a need to consider the unintended consequences of coastal wetlands being captured by the NES-F provisions in the way interpreted by the High Court. Council staff are hoping that these concerns can be considered by both the Ministry and the Minister while evaluating the proposal to amend the natural wetland definition included in the Managing Our Wetlands discussion document.

13. However, given the significant nature of the issues raised (both in the council’s submission on Managing Our Wetlands, and more specifically in the December council letters to the Ministry following the High Court judgement), this issue may require further evaluation by central government. Strategy staff hope to get an indication from Ministry staff about how these issues will be considered in due course.

14. More generally, before June 2022, central government decisions should be available on their proposals canvassed in the second half of 2021, including the topics of:

· stock exclusion – low slope map refinements

· natural wetlands – Managing Our Wetlands proposals

· Intensive Winter Grazing regulatory amendments

· proposed farm plan regulations.

Guidance documents / reports published

15. Central government continue to prepare new guidance documents and other technical products to support interpretation of the Essential Freshwater package regulatory instruments. The following items are expected to be completed soon:

· stock holding area guidance (at review stage)

· mahinga kai toolkit – a document providing examples and advice on how mahinga kai values are considered when implementing the NPS-FM (and as applicable to other regulatory instruments)

· NPS-FM National Objectives Framework Infographic (Attachment B).

The Ministry for the Environment is improving its layout of its website to improve access to information of relevance to implementation of Essential Freshwater instruments. Panel members and their associated interests can access the refreshed Ministry website via: https://environment.govt.nz/acts-and-regulations/freshwater-implementation-guidance/

Regulatory and research updates

16. Auckland Council’s compliance monitoring team held the mid-season dairy monitoring meeting on 20 January 2022. The team continues to focus on education and awareness in facilitating the implementation of the freshwater regulations. At the meeting, the following points were discussed:

· stock exclusion – discussion with farmers on whether some waterways are streams or drainage

· farmers’ reaction on the freshwater regulations with some feeling quite stressed.

17. The Minister for the Environment has a close focus on Intensive Winter Grazing. The second progress report was provided to the Minister on 2 November 2021 and contained a commitment by the regional sector to further work on the extent of winter grazing in each region.

18. Manaaki Whenua – Landcare Research has developed a proposal to use satellite imagery across the whole country to get a national benchmark of the scale and extent of Intensive Winter Grazing undertaken over the 2021 season. This will enable ongoing monitoring of the extent of the activity and add another tool for councils to ensure compliance with the NES-F. At their November 2021 meeting, RCEOs agreed to progress this survey with an expected completion date of June 2022.

NPS-FM update

19. Auckland Council’s planning staff continue to undertake preparatory work for NPS-FM implementation, with the focus still on working with mana whenua partners to develop some of the foundational policy required, including the local expression of Te Mana o te Wai, long-term visions and the identification of Freshwater Management Units and other spatial arrangements. Engagement with mana whenua to identify Māori freshwater values (additional to the compulsory value of mahinga kai) and environmental outcomes for those values is also planned. Environmental outcomes must be set to fulfill the long-term visions identified, and therefore must be ambitious but reasonable. This tranche of work is expected to be undertaken through the first quarter of 2022.

20. Concurrently, staff are scoping and compiling the evidence required to implement the NPS-FM, including the establishment of the ‘baseline state’ for the ‘attributes’ set out in Appendix 2 of the NPS-FM. This baseline state assessment establishes how close Auckland Council is to providing for the desired environmental outcome for the identified values at the start of the NPS-FM programme, and how effective our management responses are at achieving the desired outcome for those values, over time. Establishing baseline states for attributes is an iterative piece of work that will evolve as evidence improves or becomes available prior to notification of changes to the Unitary Plan late in 2024 (at which point the baseline states become ‘set’).

21. The evidence scoping also includes an assessment, or stocktake, of work already underway which may contribute to improved outcomes, to inform what response are appropriate. This work is just commencing, and it is anticipated the identification of existing actions will involve discussions with industry groups (such as are represented on the RAP), to ensure this stocktake is as comprehensive as possible.

22. The programme plan anticipates that broader engagement – with the wider community, mataawaka, and other interested groups including industry groups – will commence in the second quarter of this year. This engagement will have the aim of identifying long-term visions for freshwater, values important to Auckland, and the aspirations (environmental outcomes) sought for those values, by the end of the year. This in turn will inform the development of target attribute states and environmental flows and levels, in order to identify what level and type of management is required. This latter work is programmed to commence in earnest later in 2022.

23. Planning staff anticipate that there will be significant information available from industry and other groups to inform the identification of long-term visions, values and ‘ambitious but reasonable’ environmental outcomes for those values.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) receive the update on central government’s Essential Freshwater programme and the overview of recent Auckland Council staff input to improve implementation steps and any refinements to the regulatory framework and its interpretation.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Regional Sector report on Intensive Winter Grazing, 1 November 2021	55
b ⇩	Infographic of National Objectives Framework for the NPS-FM 2020	63

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

04 February 2022

Healthy Waters regular update

File No.: CP2022/00164

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2. This report provides updates on current priority issues for Healthy Waters in the rural sector.

3. A further update report will be provided to the panel at its May 2022 business meeting.

Drought

4. Regional monthly rainfall in December 2021 was approximately equal to the long-term average. Despite rainfall in January 2022 being well below average to date, dam storage is 94.5 per cent (21 January 2022) compared to a historical average of 91 per cent for this time of year. Aquifer monitoring shows higher levels overall across north and west Auckland, and lower levels in south Auckland.

5. In rural areas the welfare water tanks remain in place and the additional tank supply points established for the drought will be kept in operation.

6. Monitoring of bulk supply points for tankers, and feedback from tanker operators, indicates demand is increasing and there are some delays for deliveries. However, property owners are ordering further in advance which should help to avoid tanks running dry.

7. Projects to increase treatment and storage capacity continue as part of Watercare’s programme of works.

8. Communications continue to promote water conservation for all Aucklanders.

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

10. Watercare and Healthy Waters are working together to refresh the Watercare climate strategy to accommodate the impact of drought, and the interrelationship between water supply, wastewater, and stormwater.

Ngā tūtohunga

Recommendation

That the Rural Advisory Panel:

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

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