1.5 HCC s comments on the Latest Draft are outlined in pages 3-7 of this submission using the table format provided by Waikato-Tainui.

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1 24 June 2013 Tim Manukau Manager Environment Waikato-Tainui Private Bag 3344 Hamilton 3240 Dear Sir WAIKATO-TAINUI ENVIRONMENTAL PLAN (LATEST DRAFT) 1.0 INTRODUCTION 1.1 (HCC) welcomes the opportunity to make a submission to the Waikato-Tainui Environmental Plan (Latest Draft) (referred to as the Latest Draft throughout this submission). 1.2 As you will be aware, HCC staff provided informal feedback to Waikato -Tainui on the initial Working Draft Discussion Document of the Environmental Management Plan on 7 March HCC notes that since that time Waikato-Tainui has undertaken a comprehensive analysis of all submissions made to the initial Working Draft Discussion Document, responded to each point raised by submitters, and made the appropriate changes to the Latest Draft. HCC thanks Waikato Tainui for this important step of the process in developing the Latest Draft. 1.4 HCC particularly welcomes the inclusion of Section (page 14), which states that This Plan is a living, evolving, working document that will be monitored, revised and updated to ensure it remains relevant and provides a framework for continuous improvement. Waikato-Tainui welcomes comments at any time from any Waikato- Tainui or external user of the Plan that may improve the Plan so as to better achieve the Plan s overarching purpose. Any person with an interest in the Plan can suggest an amendment to the Plan. 1.5 HCC s comments on the Latest Draft are outlined in pages 3-7 of this submission using the table format provided by Waikato-Tainui. 2.0 FURTHER INFORMATION 2.1 Should Waikato-Tainui require clarification of the comments raised in this submission, or additional information, please contact Brian Croad, General Manager City Environments, on , brian.croad@hcc.govt.nz in the first instance. Page 1 of 13 HCC File Ref: D / Sub #: 374

2 2.2 Please note that although this submission has been circulated to Hamilton City Council s Elected Members for consideration and feedback, it has not been formally adopted through the committee process. 2.3 s submission is to be considered and adopted retrospectively at the 6 August 2013 Strategy and Policy Committee meeting. We will advise you after this meeting if Council makes any changes to its submission. Yours faithfully Blair Bowcott ACTING CHIEF EXECUTIVE Page 2 of 13 HCC File Ref: D / Sub #: 374

3 Feedback Page 3 of 13 HCC File Ref: D / Sub #: 374

4 Sub. # Point # From 7 March 2013 HCC Staff Submission Environmental Plan Section (Latest Draft) Issue Maps The 7 March 2013 HCC staff submission suggested that better identification of features, for example culturally significant landscapes and view shafts ( (a)), would help Plan users. 18 New Section This section states that In this Plan, Waikato-Tainui means people who descend from or affiliate to a recognised Waikato- Tainui whaanau, marae, hapuu, or iwi. A person is recognised as being affiliated to a Waikato-Tainui marae, hapuu, or iwi only if that marae, hapuu, or iwi recognises that affiliation. Waikato-Tainui also, where the context allows, includes the various organisations or bodies that Waikato-Tainui establishes to manage the individual and collective affairs of Waikato-Tainui. This includes, but is not limited to committees, trusts, or other organisations for marae, hapuu, management committees, clusters of the same, the relevant iwi authority or its delegated body, and other structures that, from time to time, Waikato-Tainui people may establish to consider matters of relevance under this Plan. Refer to Appendix 1 for a list of Waikato-Tainui marae. Suggested Amendment/Comment Defining and mapping any features, such as culturally significant view shafts, would make it easier for Plan users to understand where such features are and help ensure they are treated in an appropriate manner. It is also unclear within the wording of the policies, such as Policy to ensure that Waikato Tainui is provided access to regionally, spiritually, and culturally significant sites, how users are to know where these sites, and other important features such as the view shafts etc are. To protect such features, there will be a need for the sharing of information between Waikato - Tainui and plan users such as TA s, to help them deliver the intent of the Plan. HCC will be seeking advice from a new Namtok Pumanawa o Kirikiriroa (Heartbeat of Hamilton). While it is helpful on one level to have an appendix of marae, these are not always the entities that are formed to engage with councils on resource management issues. It is recommended that Waikato-Tainui produce a schedule that outlines the committees, trusts, or other organisations for marae, hapuu, management committees etc that exist and more specifically acknowledge the role of local hapuu, and in Hamilton s context, Pumanawa o Kirikiriroa. Page 4 of 13 HCC File Ref: D / Sub #: 374

5 18 NA and (d) Provision states: It is intended that the Plan may be reviewed, in part annually, with a more comprehensive review taking place at five yearly intervals. Provision states: Relevant policies, plans, and processes must be reviewed and amended, if required, to address any inconsistencies [between them and Te Ture Whaimana]. Examples include. (d) Updating RMA Planning Documents to conform with Vision and Strategy: local authorities must review their RMA planning documents to conform to Te Ture Whaimana following any review of Te Ture Whaimana completed by the WRA. [Emphasis added]. It would be more efficient if Te Ture Whaimana and District Plan review cycles were synchronised. Reviews of Te Ture Whaimana have the potential to require RMA planning documents, such as a District Plan, to be reviewed, so as to eliminate any inconsistency between it and the revised Te Ture Whaimana. District Plans are generally reviewed only once every ten years, although plan changes may be initiated at anytime. But District Plan changes and reviews are undertaken at a financial cost. Potentially, the more frequent the reviews, the higher the cost Section 6 The 7 March 2013 HCC staff submission sought a greater level of clarity as to the application of the consultation section of the Plan. Additional text has been provided and the summary of submissions responds to this with additional commentary around the need for flexibility to allow for the life of the document. While the commentary on flexibility is noted, to make the plan more user-friendly and to give users the confidence they are using it correctly, it is still felt that more guidance on consultation would be helpful. If it is not appropriate to include detailed lists and information on appropriate timeframes within the Plan, possibly an MOU with some of the major users of the Plan could help set in place some guidelines, which are more easily able to change and adapt over the lifespan of the Plan without creating a need to revisit the Plan itself. Page 5 of 13 HCC File Ref: D / Sub #: 374

6 18 New and As mentioned in the 7 March 2013 HCC staff submission, there is a need for clarity around consultation and process. Within these sections of the Plan the terms reasonable time and costs associated with the process are used. Both of these phrases provide little guidance to those wishing to liaise and work with Waikato-Tainui as to the timeframes or costs involved. 18 New The Plan includes an overarching principle of enhancement. In its 7 March 3013 feedback, HCC staff provided some commentary as to how difficult enhancement can be in all instances. It is noted some explanatory text has been added to the Plan to explain this further, which is welcomed. Within Section 8.2.1, there is also reference to the hierarchy as to how management of effects should occur. This hierarchy comprises avoid, remedy, minimise, mitigate and balance Section 10 & 11 Between Sections 10 and 11 of the latest Draft Plan, it can be difficult to understand the relationship between the legislation, various plans and documents. The need for flexible costs and timeframes to be commensurate with the scale of the development or significance of the planning document in question is understood. Yet, it is difficult for Plan users to fully engage in such a process, when the consequences of doing so are unclear. The detail of timeframes and costs may need not appear in the Plan itself, but could be included as a fees and charges type addendum which can be more easily adapted and changed if required. This could include a very specific list of activities, possible timeframes and costs/hourly rates. The use of the hierarchy is supported. However, it is questioned, how enhancement fits within this hierarchy. Some of the context and content of these sections of the Plan could be easier to understand if shown diagrammatically, perhaps within a flow chart or diagram to show plan integration with relative documents. It has been explained within the summary of feedback table that the JMA s relate to the River, whereas the Environmental Plan is more holistic to cover wider environmental issues. While the concept of this is generally understood, there appears to be large areas of overlap between what the JMA s could achieve and the environmental measures outlined in this Plan. Perhaps too, this relationship can be included within the abovementioned flowchart/diagram to help clarify the situation. Page 6 of 13 HCC File Ref: D / Sub #: 374

7 HCC staff raised a question about the scope of customary activities as covered by the Plan. Helpfully this point has been clarified and the customary activities are now listed in Section 14 of the Plan. While it is noted the activities are now clearly identifiable, HCC do have a few concerns over the permitted activity status of all listed rights. In particular, that the erection and use of associated temporary structures (including barges and temporary jetties) on the Waikato River are to be permitted activities. This will create implications for District and Regional Plans, and resource consenting issues may arise. HCC would welcome further discussion on this matter, particularly in relation to the District Plan and the implications from such policies. We also note the practical difficulties relating to section (c), whereby priority is given to protecting and maintaining customary rights. If uses are existing uses in place, there will be challenges in giving customary rights priority as suggested. Again, discussion on this matter is welcomed (b) This provisions states: Current and future developments (structures and earthworks) reduce the impacts on landscapes of high cultural, spiritual, ecological and/or aesthetic value through: i. Protection of regionally, culturally, and/or spiritually significant landscapes from development that will result in deterioration of existing landscape and natural values; and ii. Utilising development and building methods that do not compromise Waikato-Tainui landscape values (f) Fencing along permanent waterways within urban areas could be unnecessary, if there were no risk of stock having access to the waterways, and undesirable because of adverse effects on amenity and access. In some instances, however, fencing along permanent waterways may be required for health and safety purposes (h) (ii) The utilization of indigenous species, that is the cutting down and consumption of indigenous species for various purposes, would be in conflict with their protection. In relation to Section (d), it would be useful for the Plan to provide examples as to how events, particularly recreational events could provide a benefit back to the freshwater and marine water bodies that they are utilising. It is suggested that regionally, culturally, and/or spiritually significant landscapes be identified in District Plans, so that all parties will be aware of them. The provision could remain unchanged if Waikato-Tainui accept that fencing along permanent waterways in urban areas would be inappropriate and unnecessary for the purposes of managing the effects of landuse. Amend the policy as follows: Promotion, including in schools and volunteer programmes, of the planting and protection and utilisation of indigenous species, including in schools and volunteer Page 7 of 13 HCC File Ref: D / Sub #: 374

8 (c) Territorial councils, not the Crown, are responsible for preparing district plans. If Waikato-Tainui want a site of significance acknowledged in a District Plan, Waikato-Tainui should advise the relevant territorial council of their request when the relevant district plan is being reviewed The meaning of Waikato-Tainui water bodies is unclear. Does it mean all water bodies in the rohe of Waikato-Tainui, or something else? programmes. Amend the policy as follows: c) For identified sites of significance on Crown lands and lands in which the Crown has vested interests, the responsible Crown agency must provide the following:... i. Appropriate fencing for protection; and ii. Maintained access to the site of significance.; and iii. Acknowledgement of the site of significance in the relevant district plan (if requested by Waikato-Tainui); It is suggested that Waikato-Tainui considers setting a more realistic and achievable objective regarding the quality of water in the region s water bodies. Waikato Regional Council sets the water quality rules for the region through the Waikato Regional Plan. The quality of a proposed discharge will be the subject of discussion with Waikato-Tainui and other stakeholders at the time the application for a discharge consent is prepared, and will be considered by the Regional Council when it processes the application. The implication of this objective is that all stormwater and wastewater discharges would need to be to drinking water standard, which would unattainable. Page 8 of 13 HCC File Ref: D / Sub #: 374

9 The policy states: Ensure that any water allocation framework operates under consistent principles, is equitable and efficient and restores and protects the health and wellbeing of Waikato-Tainui water bodies. [Emphasis added]. The following are unclear, which could cause problems with the interpretation of this provision: The consistent principles ; The meaning or intention of equitable in this context; and What is meant by an efficient water allocation framework. Amend the policy as follows: Ensure that any water allocation framework operates under consistent the principles set out in (c), is equitable and efficient and restores and protects the health and wellbeing of Waikato-Tainui water bodies and gives priority to the allocation and use of water for municipal supply. Re principles : In order for those regulating water allocation to ensure that this activity operates under appropriate principles, they need to know what those intended principles are. Re equitable : Equitable suggests that every potential applicant to take and use water, for example, is treated equally and offered a fair share, or even and equal share of the resource. However, it is submitted that water for municipal use should have priority over all other uses because human communities are dependent on water taken for municipal supply for their survival. Re efficient : It is not clear whether the intention of the policy is for those allocating water to ensure that the process for the allocation of water is efficient, or to ensure that the use of the water is efficient, or something else. Page 9 of 13 HCC File Ref: D / Sub #: 374

10 18 NA (b) This method states: Regional Councils should prioritise catchments on the basis of the state of the water and the risk posed by areas of resource use pressure (quality and quantity). [Emphasis added]. The purpose of the prioritisation is unclear. Also, it is not clear how the state of a water body or the risks it faces should determine the priority, for example, if a water body is under a lot of resource use pressure, should it be given a high priority or a low priority? The policy states: Ensure that any water allocation framework operates under consistent principles, is equitable and efficient and restores and protects the health and wellbeing of Waikato-Tainui water bodies. [Emphasis added]. The following are unclear, which could cause problems with the interpretation of this provision: The consistent principles ; The meaning or intention of equitable in this context; and What is meant by an efficient water allocation framework. Delete this method. Amend the policy as follows: Ensure that any water allocation framework operates under consistent the principles set out in (c), is equitable and efficient and restores and protects the health and wellbeing of Waikato-Tainui water bodies. Re principles : In order for those regulating water allocation to ensure that this activity operates under appropriate principles, they need to know what those intended principles are. Re equitable : Equitable suggests that every potential applicant to take and use water, for example, is treated equally and offered a fair share, or even an equal share of the resource. However, allocating water on that basis could be inappropriate. The community decides what it considers an appropriate basis, and any priorities, for water allocation through the process of preparing the Regional Plan. That process needs to be transparent, robust, and enduring. Page 10 of 13 HCC File Ref: D / Sub #: 374

11 Re efficient : It is not clear whether the intention of the policy is for those allocating water to ensure that the process for the allocation of water is efficient, or to ensure that the use of the water is efficient, or something else. 18 NA (b) This method states: Regional Councils should prioritise catchments on the basis of the state of the water and the risk posed by areas of resource use pressure (quality and quantity). [Emphasis added]. The purpose of the prioritisation is unclear. Also it is not clear how the state of a water body or the risks it faces should determine the priority, for example, if a water body were under a lot of resource use pressure, should it be given a high priority or a low priority? NA (c)(ix) Refer to the comments Re equitable and Re efficient in the submission regarding above (c)(x) Refer to the comments Re equitable and Re efficient in the submission regarding above (d) This provision states: Consent applications granted should have a term sufficient to ensure that water allocation is efficient and effective. The meaning or implication of this provision is unclear. For example, would a short consent term, or a long term ensure efficient and effective allocation? Also, the term of a consent should recognize the investment made and be sufficient to allow a return on that investment to be achieved (e) This provision states: The Regional Council should have the ability to claw back allocable quantum from resource consents. When making significant investment decisions that are dependent on having a guaranteed water allocation, water users, including Municipal Water Suppliers, need certainty about their water allocation. Having made an investment that is dependent on having a water allocation, a Delete this method. Amend the method as follows: There is an equitable and efficient allocation and use of water. Amend the method as follows: That the equitable and efficient allocation and use of water may lead to the creation of new water for allocation. ( New allocable water can come about through mechanisms such as people not renewing or taking up a water allocation consent; efficient water use creating spare capacity in allocated water; and so on.) Page 11 of 13 HCC File Ref: D / Sub #: 374

12 consent holder needs the opportunity to achieve a return on that investment. Any proposal to claw back a water allocation needs to recognize this. A transparent, robust and enduring water allocation process is needed (a) & (b) The 7 March 2013 HCC staff submission questioned how Waikato-Tainui viewed working collaboratively with HCC to ensure obligations and expectations are met for the provision: Waikato-Tainui shall be consulted and included in the decision-making process for all proposed activities, developments, and/or landuse changes that may have an impact on land and water values The Plan states that The anticipated urban growth, particularly in new growth areas, provides the opportunity to develop new urban areas based on enhancement principles (as defined in Chapter [8]). The types of principles that could be employed include on-site stormwater and wastewater treatment, recycling of treated wastewater, and water conservation. 18 New The Plan states provided infrastructure development is well supported by, the strategic identification of growth cells around Hamilton City, particularly the Ruakura Growth Cell, it will enable the social and economic development of Waikato-Tainui and the community (i) (a) References to other sections of the Plan were missing (b) The inclusion of the hierarchy in the Plan is supported. We suggest a new measure at number 5 in the hieriarchy, namely, The Waikato- Tainui summary/analysis of submissions states that discussion on this matter is still required. HCC agrees that such discussion is needed. The relationship of this policy with the JMA also requires further discussion. The issues raised within the Plan around the use of on-site stormwater and water conservation are all supported. However, the provision of on-site wastewater treatment is not supported within the urban area of Hamilton. District Planning and Long Term planning over many decades within Hamilton City has been predicated on a basis of growth, supported by reticulation and centralised treatment of wastewater. The reference to the wording should be deleted, as such practices within the city could lead to human and environmental health issues, create a long term unwanted infrastructure legacy for the City and have the potential to stifle growth in the City by decreasing density or redirecting funding from centralised reticulation/treatment which would help support the city as a whole. This commentary within the Plan should be deleted. Hamilton City Council and Waikato-Tainui have worked collaboratively over a long period of time on the Ruakura Structure Plan. This includes discussion and District Plan requirements relating to the infrastructure needs of the area; the timing of such development and phasing of the infrastructure. The paragraph included within the Plan appears to put some emphasis on HCC to lead the provision of infrastructure within this cell, and does not adequately reflect the position taken by HCC within its LTP or Structure Plan. Amend the method as follows: Manage waste including solid, liquid, gas, and sludge waste, Page 12 of 13 HCC File Ref: D / Sub #: 374

13 (h)(iii) treatment of the residual waste before disposal at number 6. HCC has included this additional step in its Waste Minimisation Management Plan. Stormwater infiltration and ingress into stormwater systems are not a concern, but infiltration and ingress of stormwater into wasterwater systems create problems and need to be prevented or reduced in order to minimize wastewater volumes (i) HCC is currently developing a Stormwater Bylaw to manage stormwater discharges from the City and plans to develop a Wastewater Bylaw in the future. These new bylaws are relevant to the policy and could be referenced in the method In this context, provide for is more appropriate than balance. Transportation infrastructure enables people and goods to be transported in order to satisfy people s social, cultural, spiritual and economic needs. Development and operation of transportation infrastructure should be undertaken in a manner that provides for communities environmental needs. Should any of these needs be in conflict, then discussions between the infrastructure developer, Waikato-Tainui and other stakeholders will be required on a case-by-case basis regarding how best to provide for the competing needs and manage any adverse effects. according to the following hierarchy: i. Reducing the amount of waste produced (including composting and mulching of green waste); ii. Reusing waste; iii. Recycling waste; iv. Recovering resources from waste; v. Treating residual waste; and vvi. Appropriately disposing of residual wastes;. Amend the method as follows: Encouraging reduction and prevention of stormwater infiltration and ingress into stormwater wastewater systems through design standards and construction control. Amend the method as follows: Stormwater, wastewater and ttrade-waste by-laws ensure high levels of on-site treatment are obtained prior to discharge. Amend the objective as follows: Objective transportation: Transportation infrastructure is developed and managed to balance in a manner that provides for social, cultural, spiritual, economic, and environmental needs See the discussion above regarding Amend the policy as follows: Policy transportation: To ensure that transportation infrastructure is developed and managed to balance in a manner that provides for social, cultural, spiritual, economic, and environmental needs. Page 13 of 13 HCC File Ref: D / Sub #: 374