Minutes of Extraordinary Meeting of Council

2 29 November 2018

Minutes of an extraordinary meeting of The Hutt City Council held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

Thursday 29 November 2018 commencing at 11.21pm

PRESENT:	Mayor WR Wallace (Chair)
	Cr G Barratt	Cr C Barry
	Deputy Mayor D Bassett	Cr L Bridson
	Cr J Briggs	Cr MJ Cousins
	Cr S Edwards	Cr T Lewis
	Cr M Lulich	Cr G McDonald
	Cr C Milne	Cr L Sutton

APOLOGIES: There were no apologies.

IN ATTENDANCE: Mr T Stallinger, Chief Executive

Ms K Kelly, General Manager, City Transformation

Mr B Kibblewhite, General Manager, Corporate Services

Mr L Allott, Chief Information Officer

Mr B Cato, General Counsel

Ms H Oram, Divisional Manager Environmental Consents (part meeting)

Mr A Cumming, Divisional Manager, District Plan

Mr J Jeffries, Environmental Policy Analyst

Ms K Stannard, Divisional Manager, Democratic Services

Ms S Haniel, Committee Advisor

PUBLIC BUSINESS

1. APOLOGIES

There were no apologies.

2. PUBLIC COMMENT

Speaking under public comment, Ms Collins stressed the importance of ensuring that proactive engagement occurred. She expressed disappointment that officers had stated that it was their job to identify Significant Natural Areas (SNAs) and they could not take into account any policy considerations as those considerations came later. She believed that was not a true statement. She considered the best way forward was to work together to identify areas of value and then work together to co-design something together.

3. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations.

recommendation from the district plan committee

Proposed District Plan Change 46 Significant Natural Areas, Outstanding Natural Landscapes, Outstanding Natural Features and Coastal Natural Character (18/1858)

recommended: (BY DIVISION)

“That the Committee:

(i) recommends that Council:

(a) takes a partnership approach in identifying and protecting Significant Natural Areas (SNAs) across Lower Hutt, without mandatory restrictions, and instead provide for incentives for the protection and conservation of SNAs and the flora and fauna that live within them;

(b) notes that this would allow for stakeholders, and mana whenua (including Te Runanganui o Taranaki Whanui ki te Upoko o Te Ika a Maui and Waiwhetu Marae), to work together in good faith, and on a case by case basis, towards the enhancement of our biodiversity in Lower Hutt; and

(c) asks officers to amend the proposed plan change to give effect to this resolution, and that it be reported back to full Council as soon as practicable; and

(ii) recommends that the Community Plan Committee:

(a) notes the report “Non-regulatory Support Measures for Indigenous Biodiversity on Private Land,” attached as Appendix 2 to the report;

(b) supports the funding of the following non-regulatory support measures that are complementary to Proposed Plan Change 46 as follows:

	Support Measure		Annual Budget (additional to existing)
	Information and Advice		$10,000
	Rates rebates for land protected in perpetuity by legal instrument on Record of Title		$10,000
	Land use consent assistance including ecological assessments and consent fee remission		$120,000
	SNA Grants 1 (small grants for traps, sprays, trees)		$25,000
	SNA Grants 2 (large grants for covenants, ecological assessments, management plans)		$80,000
	Total		$245,000”
For Cr Barry Cr Briggs Cr Lewis Cr Milne Cr Edwards		Against Cr Bridson Cr Cousins
Total: 5		Total: 2

Mayor Wallace advised that this was one of the most emotional issues that Council had faced in his time. He acknowledged the hard work undertaken by the Chair of the District Plan Committee, Cr Bridson.

Mayor Wallace acknowledged the issues with maps, the SNA process and Council’s District Plan. He also acknowledged that the Chair of the District Plan Committee was trying to assist the situation by deferring the matter. He believed that deferral of the issue would put further uncertainty in the minds of the people adversely affected by the issue. He stated that his recommendations enhanced the opportunity to try and restore the confidence of the community that had been lost during the process.

In response to a question from a member, Mr Quinn from DLA Piper advised that the Resource Management Act did not distinguish between private and public land. He noted that the only obligation on Council was to protect and enhance SNAs.

In response to a question from a member, the Divisional Manager, District Plan advised that Greater Wellington Regional Council (GWRC) managed the control of deer in the forest through its Regional Pest Management Strategy.

Mayor Wallace advised that he would ensure the concerns raised by residents about deer damaging the forests would be reinforced to GWRC.

MOVED: (Mayor Wallace/Deputy Mayor Bassett)

That Council:

(i) acknowledges the distress this issue has caused in the community and unreservedly apologises for that;

(ii) acknowledges that the majority of Significant Natural Area’s (SNAs) have been well maintained by Landowners in Lower Hutt City;

(iii) acknowledges the extensive work the Council officers have undertaken on this SNA issue over the past twelve months;

(iv) acknowledges the work of Landowners, Forest and Bird, DOC and other interested community groups in this process;

(v) introduces a plan to protect and enhance all SNAs on publicly owned land;

(vi) requires officers to work with private landowner who wish to further enhance SNA’s on their land or further information with professional advice and guidance;

(vii) establishes a fund and criteria to assist landowners who wish to further protect and enhance SNAs on their properties; and

(viii) establishes a communication strategy with involvement from GWRC, mana whenua, Landowners, Forest and Bird , and other interest groups to further highlight and lift awareness of the benefits to SNAs to community and environment.

Cr Milne advised that he would be happy to look at some sort of SNA process to enhance the protection of the biodiversity in the city if he believed it would work. He believed the original proposal was the wrong approach.

Cr Barratt advised that two public speakers speaking in the District Plan Committee had struck a chord with her. One speaker was Ms Gerrard and the other speaker was Ms Dentice. She noted that Ms Dentice had talked about the value of the land and all that it meant to her. Cr Barratt acknowledged the ancestry of that land. She also acknowledged the apologies given to the people affected throughout the whole process.

Cr Barry expressed concern regarding the extent of being proactive as essentially that would be where Council may be legally challenged. He noted that if Council was not doing enough in that space then it might be imposed by the Court in a year’s time.

Mayor Wallace advised that Council would be proactive and that the residents liked the idea of working progressively together in an advisory capacity. He elaborated on his meetings with Forest and Bird and environmental groups and would be continuing the dialogue with those groups.

Cr Briggs suggested that in part (viii) of the motion the word ‘communication’ be replaced with the word ‘engagement’. He also suggested that in part (viii) of the motion the following words be included “including the Runanga and the Waiwhetu Marae”. He also suggested that in part (viii) of the motion the following words be included “and the wider community”. Members agreed to amend part (viii) of the motion with the agreement of the mover and seconder.

Deputy Mayor Bassett advised that he had real difficulty with the issue right from the start. He elaborated on the heritage issue that occurred four years ago where Council would be asking property owners to apply for a consent in order to paint their houses or alter their houses. He expressed strong support for the motion. He acknowledged Mayor Wallace’s leadership and vision dealing with the issue.

Mayor Wallace acknowledged the work of the officers. He stated that Council had heard the views of the community loud and clear.

RESOLVED: (By Division) (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 18501

“That Council:

(i) acknowledges the distress this issue had caused in the community and unreservedly apologises for that;

(ii) acknowledges that the majority of SNAs have been well maintained by landowners in Lower Hutt City;

(iii) acknowledges the extensive work the officers have undertaken on this SNA issue over the past 12 months;

(iv) acknowledges the work of landowners, Forest and Bird, DOC and other interested community groups in this process;

(v) introduces a plan to protect and enhance all SNAs on publically owned land;

(vi) requires officers to work with private landowners who wish to further enhance SNAs on their land or further information with professional advice and guidance;

(vii) establishes a fund and criteria to assist Landowners who wish to further protect and enhance SNAs on their properties; and

(viii) establishes an Engagement Strategy with involvement from GWRC, landowners, Forest and Bird, mana whenua including Te Runanganui o Taranaki Whanui ki te Upoko o Te Ika a Maui and Waiwhetu Marae, other interest groups and the wider community to further highlight and lift awareness of the benefits to SNAs to community and environment.”

The motion was declared CARRIED by Division with the voting as follows:

For

Mayor Wallace

Deputy Mayor Bassett

Cr Barratt

Cr Barry

Cr Briggs

Cr Edwards

Cr Lewis

Cr Lulich

Cr Milne

Cr McDonald

Cr Sutton

Against

Total: 11

5. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 11.58pm.

WR Wallace

MAYOR

CONFIRMED as a true and correct record dated this

11^th day of December 2018