From: Robert McClean [mailto:[email address]]
Sent: Thursday, 31 May 2018 11:25 AM
To: [email address]; Peter Thom <[email address]>; Ben Bunting <[email address]>
Cc: Vicki Addison <[email address]>; Christina Wells <[email address]>; Sam Miles <[email address]>
Subject: Draft outcomes from Mangroves meeting, 29 May 2018

  

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29 May 2018

Venue: Trust Waitato, Hamilton 

Mangroves Bill

 

John Tregidga – Mayor, Hauraki DC

Peter Thom – Planning Group Manager, Hauraki DC

Mark Buttimore, Strategic Planning Project Manager, Hauraki DC

Sandra Goudie – Mayor, TCDC

Ben Bunting –  Principal Advisor, Science and Strategy, WRC

Sam Miles (DIA) and Robert McClean (MfE)

 

Key outcome/points:

 

Councils are willing to consider changes to the bill, but important that the mangrove management plan enables a freestanding statutory plan.

 

Acknowledging uncertainty is preventing progress for the desired community outcome of effectively managing mangroves. While the bill is going through the Parliamentary process, no progress is being made to reduce the prevalence of mangroves in the harbours which all parties agree is the desired outcome. Timeframes, whether under an amended bill or under a RMA process are likely to take 18 months from this point. The Regional Council is reluctant to spend resources now on preparing a plan change which may be removed from their responsibility by the local bill. The Regional Council is also wary of progressing a plan change if it is going to be actively opposed by the district councils.

 

Progressing the bill (whether or not Parliament decides to pass the bill, which cannot be pre-determined) and providing certainty is an essential step. Given the recent history of animosity and mistrust between the communities seeking more permissive mangrove removal and the Regional Council, a standard plan change process is unlikely to be effective while the bill remains live (although there are other RMA options that should be left on the table, for example a Streamlined Planning Process which also excludes Environment Court oversight). Ongoing support of central government for the mangrove management plan process is likely to be helpful to the successful outcome of the plan.

 

Key options being ways to improve the Mangroves Bill by:

<![if !supportLists]>§  <![endif]>Waikato Regional Council be invited to join TCDC and Hauraki as councils jointly responsible for preparing the mangroves management plan.

<![if !supportLists]>§  <![endif]>That the Mangroves Management Plan is prepared under the Local Government Act 2002

<![if !supportLists]>§  <![endif]>The Mangroves Management Plan is designed to address mangroves management in specific areas (ie, Whangamata) but also would need to be applicable to other coastal areas as required

<![if !supportLists]>§  <![endif]>Introduce some form of Ministerial oversight (ie, Minister for Conservation approve so to ensure the mangroves plan is compliant with the NZCPS)

<![if !supportLists]>§  <![endif]>Introduce a sunset clause – provide for the review of the Mangroves legislation (in 5 years) and/or lapsing. So to constrain any damaging long term effect.

<![if !supportLists]>§  <![endif]>Clarifying the relationship between the Mangroves Management Plan prepared under the Bill and the RMA – so that a Mangroves Management Plan could become part of the regional coastal plan without unintended effects that might impact on, or conflict with, statutory functions.

<![if !supportLists]>§  <![endif]>As part of the relationship with the RMA, avoiding ability for Environment Court to review or override the plan

 

Next steps:

 

Councils to provide feedback

 

Regional Council to consider if they are willing to support this approach

 

Following receiving feedback, official to brief Select Committee on way forward

 

 

Robert

 

 

Robert McClean – Manager, RMA Practice
Ministry for the Environment – Manatū Mō Te Taiao
[mobile number]   Email: [email address] Website: www.mfe.govt.nz 
No.3 The Terrace, PO Box 10362, Wellington 6143