Agenda of Rural Advisory Panel - Friday, 14 February 2025

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

Date:

Time:

Meeting Room:

Venue:

Friday, 14 February 2025

12.30pm

Room 1, Level 26
Te Wharau o Tāmaki - Auckland House
135 Albert Street
Auckland

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

OPEN AGENDA

MEMBERSHIP

Chairperson	Cr Andy Baker	Auckland Council
Deputy Chairperson	Alan Cole	Franklin Local Board, Auckland Council
Members	Mike Bramley	Dairy New Zealand
	Jesse Brennan	Federated Farmers of NZ
	Philip Elworthy	NZ Forest Owners Association
	Trish Fordyce	National Forest Growers Levy Trust
	Tim Holdgate	Rodney Local Board, Auckland Council
	Steve Levet	Rural Contractors New Zealand
	Andrew McKenzie	Beef and Lamb New Zealand
	Brian Mason	Landowners and Contractors Association (Wellsford)
	Annaliese Morgan	Young Farmers
	Linda Potauaine	Waitākere Ranges Local Board, Auckland Council
	Leanne Roberts	Horticulture NZ
	Cr Greg Sayers	Auckland Council
	Wayne Scott	Aggregate and Quarry Association
	Cushla Smith	Fonterra Shareholders Council
	Geoff Smith	Equine Industry
	Keith Vallabh	Pukekohe Vegetable Growers Association
	Glenn Wilcox	Māori representative

(Quorum 10 members)

Phoebe Chiquet-Kaan

Governance Advisor

11 February 2025

Contact Telephone: +64 27406 9656

Email: phoebe.chiquet-kaan@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 Ngā Tamōtanga | Apologies

2 Te Whakapuaki i te Whai Pānga | 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 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Rural Advisory Panel:

a) whakaū / confirm the ordinary minutes of its meeting, held on Friday, 1 November 2024, as a true and correct record.

4 Ngā Pakihi Autaia | 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

14 February 2025

Healthy Waters and Flood Resilience update

File No.: CP2025/00894

Te take mō te pūrongo

Purpose of the report

1. To update the Rural Advisory Panel on Healthy Waters and Flood Resilience activities in rural Auckland

Whakarāpopototanga matua

Executive summary

2. This report provides an update on progress in the Making Space for Water programme’s rural initiatives, and an update on the new Wai Ora Rural Partnerships team.

3. In the November 2024 report, staff committed to share forward work programmes for the 2025/26 financial year for the Rural Settlements Initiative, Operations North Rural team, and Wai Ora Rural Partnerships team. Recruitment delays have meant that teams delivering this work are still planning their priorities and work programmes. Therefore, the remainder of the 2024/2025 financial year will focus on completing work already underway. These forward work programmes should be able to be shared in the May 2025 meeting following departmental budget discussions and team recruitment.

New Rural Partnerships team takes shape

4. As advised in the November 2024 update, two new rurally focused teams have been established within the Healthy Waters and Flood Resilience department. Team leaders have been recruited and work planning is well underway. The Operations North Rural team is continuing largely as it has previously, therefore this report focusses on the Rural Partnerships team.

5. Wai Ora Rural Partnerships will have seven staff dedicated to supporting Auckland’s farmers and rural communities to improve water quality and flood resilience through non-regulatory programs. Our current team of five has expertise in pastoral farm systems, soil conservation, land management, water quality, community engagement, and aquatic biodiversity. Recruitment is underway to bring in two new members who will widen our primary industry expertise and experience, with an aim to include horticulture and / or forestry systems knowledge. As a new team, Healthy Waters and Flood Resilience have established rural-focused initiatives, but in the short term, our priority is to clarify our objectives and ensure that our scope is well-defined.

6. Wai Ora Rural Partnerships purpose is to support and incentivise rural communities to adopt environmentally, culturally, socially, and economically sustainable land practices that enhance flood resilience, restore the mauri of all water, and protect the well-being of the wider environment. This includes supporting highly valued partnerships, pro-active adoption of evidence-based solutions, and productive communities and land. This purpose is intended to provide a starting point, with the understanding that it will evolve as we refine our strategy in the coming months.

7. Our current non-regulatory work program consists of three main categories: funding programs, education and engagement, and expert advice.

8. These workstreams provide:

· funding opportunities to incentive restoration

· expert water quality, freshwater ecology, and land management advice

· support for catchment groups

· creating and enabling catchment / ecosystem management plans.

9. The current work programme includes existing and adopted programmes operating in the rural landscape. Refer to Table 1 for a sample of existing programmes.

Table 1. Wai Ora Rural Partnerships current work programme

	Program Name	Purpose
Funding and grant programs	Hill Guard	Pastoral hill country erosion control.
	Waterway Protection Fund	Waterway fencing and planting.
	Making Space for Rural Water Fund	Wetland and flood plain enhancement – being developed further with a hydrologist.
	Fonterra Wet Area Reversion Program	Revert naturally occurring, grazed wet areas to wetlands on Fonterra supplier farms.
	Safe Septic	To support onsite wastewater systems to be compliant.
	Mahurangi Land Restoration Program	Waterway fencing and planting, sealing unsealed roads in the Mahurangi catchment.
Education and engagement	Mystery Creek Field days	Engage with a large audience to provide advice and support on waterway restoration.
	Sponsorship and committees	New Zealand Farm Environment Trust (Ballance Farm Environment Awards), New Zealand Poplar & Willow Research Trust
	Workshops	Wide range of topics related to water quality and flood resiliency e.g. waterway restoration, understanding natural stream processes, regenerative agriculture, and goal setting for catchment groups.
Expert advice	Lifestyle Block Program – pilot	Provide advice on a range of topics for lifestyle block owners.
	Action plans for catchment groups	To empower catchment groups with knowledge to take ownership of challenges, implement mitigations and strategically align resources to achieve outcomes.
	More than Water – rural	The development of a user-friendly tool derived from the Freshwater Management Tool data.
	Regulatory and policy support	Providing practical advice and support to policy and regulatory requirements.

10. Rural settlements and the three rural local boards (Rodney, Franklin, and Aotea) will be the responsibility of our team. However, as the team’s strategy evolves, these current work programs may be adjusted or discontinued. This will be determined based on budget availability, team expertise, stakeholder and elected member advocacy, and whether the work programme has delivered its expected outcomes.

11. In relation to Making Space for Water rural community initiative, a long-term programme plan is being developed in collaboration with a hydrology expert. We anticipate that the programme will include mitigation implementation, a contestable grant programme, and educational components.

12. Staff would like to seek feedback and expertise from the Rural Advisory Panel on any wider water quality or flooding related purposes the panel believe the team need to adopt to best serve the rural community and any advice on program improvements. Additionally, we encourage feedback regarding potential overlaps with existing industry efforts to ensure our work is not duplicating initiatives already in place. We would also welcome any thoughts on potential partnerships that could help strengthen and expand the impact on water quality and flood resiliency in Auckland.

Making Space for Water rural initiatives

13. Progress to date has been enabled by building strong collaborations with Auckland Transport and Council’s Marae Infrastructure Fund and Parks and Community Facilities teams.

14. Auckland Transport has assessed flood depth risks to roading in settlements that could use Council’s rural halls during a flood. Those with choke points of less than 300mm of standing water are now being priced to fix. A prioritised list of works that could be funded within the Rural Settlements Initiative capex budget is expected in March 2025.

15. There are three marae water asset infrastructure projects underway to improve water supply. Works are expected to be complete in mid-2026. As well as strengthening the daily operational service of the marae, these improvements will benefit local rural communities during a flood event if the marae is providing manaakitanga.

16. Staff expect to finalise an interactive database in March 2025 to assess flood risk to rural community halls and marae sites. This will enable staff to stage a programme of minor flood works to improve asset protection and access. This will be done in collaboration with Parks and Community Facilities and the Marae Development team.

17. As advised in the November 2024 update, a Rural Catchment Prioritisation Framework has been developed. This underpins the Making Space for Water Rural Community programme. We are currently contracting a hydrology expert who will create a tailored flood resilience plan for the priority catchments over the next several years. The plan will include recommendations of mitigations that when implemented will have the most effective impact.

18. A new contestable grant program to manage the severity and impact of flooding has commenced. The grant is for rural landowners with properties over five hectares and a waterway within six priority flood risk catchments: Mauku Stream, Whangamaire Stream, Oira Creek, Whangapouri Creek, Tutaenui Stream and Slippery Creek. The grant provides financial support to fence and plant in wetlands and flood plains, with the provision of alternative water supply for stock who previously drank from unfenced waterways.

19. The long-term Making Space for Water Rural Community Initiative is being developed in collaboration with a hydrology expert. We anticipate that the program will include mitigation implementation, a contestable grant program, and educational components.

20. Staff have also engaged with Federation Farmers members on the Flood Viewer and associated modelling inputs. The purpose of this engagement is to build understanding of the modelling methodology, constraints, and areas for improvement.

Next steps

21. Receive feedback from the panel on rural water quality or flooding related issues, industry overlaps and potential partnerships that could help strengthen and expand the Wai Ora Rural Partnerships programme.

22. The next update to the Rural Advisory Panel will be at the May 2025 meeting.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) whiwhi / receive the information on Healthy Waters and Flood Resilience activities in rural Auckland

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Elizabeth Johnson – Principal, Wai Ora Strategic Programmes

Authorisers

Craig Mcilroy – General Manager, Healthy Waters and Flood Resilience

Barry Potter - Director Resilience and Infrastructure

Warren Maclennan - Manager Regional, North, West and Islands Planning

Rural Advisory Panel

14 February 2025

Essential Freshwater update report to Rural Advisory Panel

File No.: CP2025/00414

Te take mō te pūrongo

Purpose of the report

1. To provide an update on central government’s review of the freshwater instruments within the former Essential Freshwater programme and implications for Auckland Council’s implementation of the various instruments encompassed by that programme.

Whakarāpopototanga matua

Executive summary

2. The coalition government are committed to a significant programme of regulatory reform over their first term in office, including changes that directly affect four of the five regulatory instruments that formed the previous government’s Essential Freshwater package. This includes the:

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

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

· Resource Management (Freshwater Farm Planning) Regulations 2023 (FWFP)

· Resource Management (Stock Exclusion) Regulations 2020 (Stock Exclusion).

3. Phase two of the coalition government’s regulatory reform programme consists of proposed amendments to the Resource Management Act, currently via the Resource Management (Consenting and Other System Changes) Amendment Bill (RM Bill #2), and in the near future, through proposed changes to multiple national direction documents (National Policy Statements and National Environmental Standards).

4. The Resource Management (Freshwater and Other Matters) Amendment Act 2024 (arising from RM Bill #1 which was covered in the November 2024 update report) came into effect in late 2024.

5. RM Bill #2 is currently at the Select Committee stage following recent consultation. The Bill proposes significant changes to the freshwater farm plan legislation contained in Part 9A of the Resource Management Act.

6. In addition, one proposed clause seeks to amend section 70 of the RMA to enable councils to include a plan rule that allows, as a permitted activity, a contaminant discharge into water or onto land that finds its way into water (see section 70(1)(a) or (b)) that may cause significant adverse effects. However, certain prerequisites are required to be met as proposed in new subsection 3 (i.e. already pre-existing effects, standards for permitted activity, and reduced nature of effect over specified time period set out in rule). This amendment has a bearing on implementation of the National Policy Statement for Freshwater Management and other Essential Freshwater instruments.

7. At the time of writing, staff were preparing council’s submission on RM Bill #2, including on the proposed changes to Part 9A. Central government timeframes were relatively tight for providing feedback on potentially significant changes. Submissions closed on 10 February 2025. A copy of council’s submission will be provided to the Panel.

Guidance documents / reports published

8. Since the Rural Advisory Panel’s last meeting in November 2024, the Ministry for the Environment (MfE) have published multiple factsheets in relation to changes to Essential Freshwater instruments that came into effect over 2024. Council staff are not aware of any publications from the Ministry of Primary Industries relevant to the Essential Freshwater instruments. The identified MfE publications are as follows:

Ø MfE – Amendments to intensive winter grazing regulations - Section 32 report (published 9 January 2025)

Ø MfE - Amendments to intensive winter grazing regulations factsheet (published 6 December 2024)

Ø MfE - Amendments to the Stock Exclusion Regulations factsheet (published 6 December 2024)

Ø MfE - Exclusion of the hierarchy of obligations from resource consenting factsheet (published 6 December 2024)

Ø MfE – Notification of freshwater planning instruments factsheet (published 6 December 2024)

Ø MfE - Freshwater interventions literature review - Impact of Jobs for Nature projects on freshwater ecosystems (published 20 November 2024).

Regulatory and planning updates

National reforms of freshwater instruments

9. The Resource Management (Freshwater and Other Matters) Amendment Act 2024 came into force on 25 October 2024 meaning the amendments to intensive winter grazing and stock exclusion regulations are now in effect (see factsheets in paragraph 5 of this report).

10. By the date of the February Rural Advisory Panel meeting, the RM Bill #2 will be at the Select Committee. Proposed amendments of greatest relevance for the Rural Advisory Panel are:

a) significant changes to Part 9A Freshwater Farm Plans (see below for further commentary).

b) changes to section 70 which enables a regional council to create a permitted activity where a discharge may have a significant adverse effect, due to existing contaminant loads, but contribute to reduced contaminant loads over a set period of time.

c) changes to resource consent timelines for wood processing facilities to require consents to be decided within one year of application.

11. Changes to national direction as expressed through multiple national policy statements and national environmental standards are also expected to be put out for consultation in March 2025. This is expected to include changes to several Essential Freshwater instruments including:

a) National Policy Statement for Freshwater Management

b) National Environmental Standards for Freshwater

c) Stock Exclusion regulations.

12. In addition to the changes across Essential Freshwater instruments, changes are also expected across the following national policy statements relevant to the panel:

a) National Policy Statement for Highly Productive Land

b) National Policy Statement for Indigenous Biodiversity

c) National Environmental Standards for Commercial Forestry.

Changes to Part 9A Freshwater Farm Plans

13. RM Bill #2 proposes multiple amendments to Part 9A which are intended to support approved industry organisations (AIOs) to play a stronger role in the delivery of the freshwater farm plan (FWFP) system. The proposed amendments provide for AIOs to deliver certification and auditing functions themselves and under different regulatory settings from non-AIO certification and auditing systems. The proposed amendments would also see the Minister of Agriculture holding authority over the approval of industry organisations and the cancellation of an organisation’s approval status.

14. Key themes raised for consideration in council’s submission on Part 9A include:

a) support in principle for AIOs to play a greater role in the delivery of the FWFP system, including certification and auditing requirements that may vary from non-AIO system requirements. However, it’s essential that the changes deliver consistent levels of regulatory credibility and robustness across both AIO and non-AIO system.

b) the need for councils to have sufficient powers to deliver their monitoring, compliance, and observance functions under the legislation including for AIOs to be required to provide sufficient information reasonably required by councils to deliver their functions.

c) for councils to have sufficient enforcement powers that allow them to respond to poor AIO performance or non-compliance directly with AIOs within their region and in a manner that discourages non-compliance or poor performance.

d) concern about the appropriateness of the Minister’s role within the system and the impact this would have on perceptions of system impartiality, credibility and reliability.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) whiwhi / receive the update on central government’s review of the freshwater instruments making up the former government’s Essential Freshwater programme.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Andrew Bird - Senior Analyst NES

Authorisers

Louise Mason - General Manager Policy

Warren Maclennan - Manager Regional, North, West and Islands Planning

Rural Advisory Panel

14 February 2025

National Policy Statement for Freshwater Management programme update

File No.: CP2025/00506

Te take mō te pūrongo

Purpose of the report

1. To update the Rural Advisory Panel (RAP) on recent developments in the council’s programme to implement the National Policy Statement for Freshwater Management (NPS-FM).

Whakarāpopototanga matua

Executive summary

2. A report to the RAP meeting on 1 November 2024 included a summary of three issues and options reports relating to riparian management, agricultural discharges, and land disturbance and sediment. Written feedback on the reports was subsequently received from several RAP members. A workshop to discuss the feedback is scheduled for 12 February 2025.

3. Work has continued on the assessment of issues and options for other topics. A report on the on-site wastewater provisions was received by the NPS-FM Political Working Group in December 2024. The reports that are currently progressing through the internal council approvals process relate to:

· aquatic life attributes (MCI, fish indices in rivers, submerged plants in lakes)

· water quantity and allocation

· telemetry monitoring of consented water takes

· horticulture.

4. The rural aspects of the issues and options reports will be presented to future RAP meetings.

5. Other work undertaken in recent months includes programme planning (including timing for future stakeholder engagement), and initiation of the economic assessment work. Care is being taken to allow flexibility for responding to the government’s upcoming changes to the NPS-FM and other national direction documents.

Ngā tūtohunga

Recommendation/s

That the Rural Advisory Panel:

a) whiwhi / receive the update on the council’s programme to implement the National Policy Statement for Freshwater Management.

Introduction

6. The NPS-FM sets out the national objectives and policies for freshwater management under the RMA. The council is required to implement the NPS-FM by notifying a plan change to the Auckland Unitary Plan (AUP) (by 31 December 2027) and by preparing action plans that set out changes in council’s non-regulatory activities. The government is currently reviewing the NPS-FM as part of the broader programme of resource management reform. It is expected that the government will undertake consultation on changes to the NPS-FM within the next few months and that the revised NPS-FM will be finalised in the second half of 2025.

7. The council’s NPS-FM programme is planning to undertake community consultation on a draft plan change in 2026 and then notify a plan change for submissions in 2027. This timing will depend on the final timing and content of the revised NPS-FM.

8. Although the timeline for the AUP plan change has been extended, it is important that the NPS-FM work programme continues to gather information, identify issues and formulate possible management options, and then to start seeking advice on these approaches. The terms of reference for the Rural Advisory Panel notes that the purpose of the Panel is to provide advice to the council on policies, plans and strategies relevant to rural issues.

Issues and options reports

9. Recent work in the NPS-FM programme has focused on the preparation of a series of issues and options reports relating to different freshwater management topics. The reports provide an overview of the relevant activities, their impact on freshwater health, the effectiveness of current management, and the options and recommendations for more effectively managing these activities in the AUP and through action plans. The reports are not council policy but will be a foundation for engagement with mana whenua and stakeholders, and for drafting the future plan change and action plans.

10. A report to the 1 November 2024 RAP meeting included a summary of three issues and options reports relating to riparian management, agricultural discharges, and land disturbance and sediment. Written feedback was subsequently received from:

· Beef + Lamb New Zealand, Dairy NZ, Horticulture NZ, Deer Industry New Zealand (joint feedback across all topics)

· Federated Farmers, Dairy New Zealand (feedback on agricultural discharges)

· New Zealand Forest Owners Association, Forest Growers Levy Trust (feedback on riparian management and land disturbance)

· Horticulture NZ (feedback on riparian management and land disturbance)

11. Attachment A is a summary of the written feedback as well as the verbal feedback received at the RAP meeting. Several people at the meeting requested a workshop on the reports. This has been scheduled for 12 February 2025.

12. The feedback received has provided useful clarification of the matters discussed at the RAP meeting. The feedback will be used in updating or amending the proposals in the issues and options reports before they are discussed further with mana whenua and stakeholder groups later in 2025. There will also be other refinements to the proposals as other work is completed and integrated into relevant work areas. The proposals will not be part of consultation with the rural sector more broadly, or the general public, until the NPS-FM is revised and council has prepared a draft plan change.

13. Future reports to RAP will include other issues and options reports that are relevant to rural communities. The report relating to on-site wastewater systems was received by the NPS-FM Political Working Group in December 2024. That report proposes the development of a separate plan change to address some technical issues with the existing AUP permitted activity standards (e.g. referring to outdated guidance documents) and to enhance how the plan provides for on-site system upgrades. Once the plan change drafting has been progressed, it will be reported to the RAP and to the Policy and Planning Committee.

14. The reports that are currently progressing through the internal council approvals process relate to:

· aquatic life attributes (MCI, fish indices in rivers, submerged plants in lakes)

· water quantity and allocation

· telemetry monitoring of consented water takes

· horticulture.

15. It is anticipated that the aquatic life, water quantity and telemetry reports will be finalised before the next RAP meeting. The horticulture report is at an earlier stage of development.

Other work areas

16. A work planning exercise has been undertaken to consider the main work areas for the NPS-FM programme in 2025. The first half of 2025 will be focused on completing the further work identified in the issues and options reports, and on progressing the baseline and target attribute state identification workstreams. Engagement with mana whenua and stakeholders will then take place in the second half of 2025. This timing also allows for engagement on how the council should respond to the revised NPS-FM.

17. NZIER have been appointed as the consultant economist for the programme. These economists have considerable experience in working on freshwater and rural cost benefit analysis. They will work across all aspects of the programme so that consistent metrics and approaches can be used. The initial stage of the work is on information gathering and development of an assessment approach. We have noted the previous advice from rural groups that the economic assessment needs to be relevant at farm scale as well as regional, and that it needs to be tailored to different types of farming and growing.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Summary of feedback received from RAP on the issues and options reports on riparian management, agricultural discharges, and land disturbance and sediment	17

Ngā kaihaina

Signatories

Author	Kath Coombes - Team Leader - Regional Planning
Authoriser	Warren Maclennan - Manager Regional, North, West and Islands Planning