Skip to main content

Lake Rotorua Nutrient Management - Proposed Plan Change 10 Hearing

Bay of Plenty Regional Council appointed an independent hearing panel to decide on rules to manage nutrients coming from land use and ensure the long term sustainability of Lake Rotorua’s water quality (Lake Rotorua Nutrient Management - Proposed Plan Change 10).

Hearing Commissioners

Retired Judge Gordon Whiting (Chair)
Mr Rauru Kirikiri
Dr Brent Cowie (Deputy Chair)
Ms Gina Sweetman

The hearing of submissions began on 13 March, 2017 and ended on 4 May, 2017. During the hearing, additional evidence was tabled by submitters and Regional Council, either to support the presentation of their submission and evidence, or in response to requests made by the hearing panel. This information is provided below. The hearings were held at the Millennium Hotel, 1270 Hinemaru Street, Rotorua and the Sudima Lake Rotorua Hotel, 1000 Eruera Street, Rotorua. 

Click here to view the full list of submissions.

Further evidence filed during the Hearing

2 May 2017

Filed by Bay of Plenty Regional Council

Legal submissions on behalf of Council in closing

Filed by Federated Farmers

Memorandum

Appendix 1

Appendix 2

Appendix 3

Appendix 4

 

20 April 2017

Caucusing of Economic Experts

Joint statement of economic experts (revised) - final

Addendum to the joint statement of economic experts

Filed by Federated Farmers

Synopsis of legal submissions

Federated Farmers' proposed changes to proposed plan change 10

Appendix B: Federated Farmers' proposed rule framework

Powerpoint presentation - final

19 April 2017

Filed by Bay of Plenty Regional Council

Response to Panel's request for information in relation to Application of RPS principles and StAG principles

Filed by CNI Iwi Land Management Ltd

Underutilised Maori Land Analysis Appendix One

Underutilised Maori Land Analysis Appendix Two

Underutilised Maori Land Analysis Appendix Three

Underutilised Maori Land Analysis Perrin Ag Draft May 2016

Filed by Robin Boom

Evidence

Phosphorous

Why OVERSEER should not be used in environmental benchmarking

Filed by Timberlands

Hearing Summary

Powerpoint Presentation

DairyNZ Article

13 April 2017

Filed by the Bay of Plenty Regional Council

1. Memorandum of Counsel for BOPRC attaching further information, as foreshadowed in the compendium Memorandum of 22 March 2017;

2. Attachment A – Subdivision Objectives and Policies – this is an attachment to Appendix 6 ‘Planning Report on Rural Subdivision’;

3. Appendix 9 - Revised Track Change Version 6 PPC 10 – this is APPENDIX 9 to the Memorandum.  

 

Table 1 of the Memorandum sets out the additional information and where it can be viewed.

 6 April 2017  

Filed by Rotorua Lakes Council

Sworn Affadavit - Cheif Executive, Rotorua Lakes Council

Phil Osborne - Appearance Notes

 4 April 2017

Filed by Bushland Estate Ltd and Adolle Farms Ltd

Summary of Comments

Filed by CNI Iwi Land Management Ltd

Presentation - slides

Presentation - verbal evidence

Filed by DairyNZ/Fonterra

Dr Thomas Stephens - Summary of Expert Evidence updated to include outcome of expert caucusing 3 April 2017

Filed by Fertiliser Association

Bethany Bennie - Summary of Evidence

Filed by Rotorua Lakes Council

Synopsis of Submissions of Counsel

Caselaw - PNCC v Motor Machinists Ltd 2014

Caselaw - Clearwater Resort Ltd v Christchurch City Council 2003

Caselaw - Bluehaven Management Ltd v Western Bay of Plenty District Council 2016

3 April 2017

Filed by Bay of Plenty Regional Council

- Report on Nonbenchmarked Averaging Approach to NDA

Attachment 1 - Lake Rotorua Small Block Sector Review

Filed by Dairy NZ/Fonterra 

Carla Muller - Summary of Evidence

Dr Thomas Stephens - Summary of Evidence

Justine Young - Summary of Evidence

Richard Allen - Summary of Evidence

Filed by Ravensdown Limited 

Chris Hansen - Final Supplemementary Planning Evidence

Filed by Rotorua Lakes Council 

Powerpoint presentation

Whiteboard notes for Phil Osborne

20 March 2017

Filed by the Bay of Plenty Regional Council

ROTAN and Integrated Framework N Load Summary

17 March 2017

Filed by the Bay of Plenty Regional Council - A Bruere

Land connect review of Lake Rotorua - Losses and reductions 

Professor McDowell Commentary on the analysis by Park (2017)

16 March 2017

Filed by Bay of Plenty Regional Council

Freshwater in the Bay of Plenty Comparison against

the National objectives framework

15 March 2017

Filed by Bay of Plenty Regional Council

National Policy Statement for Freshwater Management Implementation

14 March 2017

Filed by Bay of Plenty Regional Council

Proceedings - Phosphorus Workshop - 3 November 2016

14 March 2017

Filed by Bay of Plenty Regional Council - Gemma Moleta

Maori Land by Land Use

Maori Land by LUC

Protected Bush and Scrub

13 March 2017

Filed by Bay of Plenty Regional Council - Legal Counsel

- Judgment, Case Decision No [2015] NZEnvC 100

TKC Holdings Ltd, Matakana Island Investment Groups Ltd and

Blakely Pacific Ltd and Carrus Corporation Ltd (Appellants)

and Western Bay of Plenty District Court (Respondent)

Memoranda from Hearing Panel and Submitter Parties

The Independent Hearing Panel for Proposed Plan Change 10: Lake Rotorua Nutrient Management will provide information and directions to all parties participating in the Hearing Process. Please read the information provided below, to remain informed and up to date on matters relating to the hearing process.

Date Issued Memoranda File Size File Type
1 May 2017

Memorandum to the Panel from Council

Answer to Panel Question 11 v3

Proposed Plan Change 10 Track Changes v7

Consequential Amendments to the RWLP
   
24 April 2017  Memorandum from the Panel to Council -Memorandum No 9 - Questions for Council    
11 April 2017 Memorandum from Grant Eccles in response to a request from the Panel 153 KB PDF
7 April 2017 Memorandum from Counsel for the Bay of Plenty Regional Council concerning correspondence from Ngati Uenukukopako Iwi Trust  97 KB  PDF
5 April 2017

Filed by Ngati Uenukukopako Iwi Trust - Letter to the Panel regarding discussions between Bay of Plenty Regional Council and Rotorua Lakes Council

 453 KB  PDF
3 April 2017

Filed by Bay of Plenty Regional Council - Report on Agreed Proposed Amendments and Outstanding Issues

 115 KB  PDF
24 March 2017

Filed by Bay of Plenty Regional Council - Statement of Evidence of Tanira Kingi on behalf of the Lake Rotorua Stakeholder Advisory Group - Rebuttal Evidence

 192 KB  PDF
23 March 2017 Appendix 15 to p122 of Memorandum regarding Additional Documents 15 KB PDF
23 March 2017 Memorandum regarding Additional Documents on behalf of Bay of Plenty Regional Council  3,121 KB  PDF
17 March 2017

Memorandum on behalf of Federated Farmers 17 March 2017

Attachment to FFNZ memorandum 17 March 2017

   
17 March 2017 Memorandum of Grant Robert Eccles 17 March 2017    
15 March 2017  Memorandum of Counsel on behalf of CNI Iwi Holdings Ltd    
15 March 2017 Memorandum to the Hearing Panel from CNI Iwi Land Management in relation to the Late Filing of Evidence 510 KB PDF
15 March 2017 Memorandum to the Hearing Panel from Fertiliser Association of New Zealand concerning Memo 9 relating to Late Filing of Expert Evidence and the Question of Scope  178 KB  PDF
15 March 2017 Memorandum to the Hearing Panel from Ballance Agri-Nutrients in relation to the Late Filing of Evidence  482 KB  PDF
13 March 2017 Memorandum No 9 - Late Filing of Expert Evidence and Scope  64 KB PDF

12 March 2017

Memorandum to Hearing Panel from Federated Farmers concerning Process for Exchange of Evidence

 176 KB  PDF

10 March 2017

Memorandum from Counsel for the Bay of Plenty Regional Council

Responding to Memo 8 and expert evidence objected to

Appendix - Kaingaroa Timberlands Partnership Submission

226 KB

 

117 KB

PDF

 

PDF

10 March 2017

Memorandum No 8 - Further Memorandum

Relating to Late Filing of Expert Evidence

55 KB

PDF

9 March 2017

Memorandum No 7 - Response to Council's Memorandum

Addressing Late Filing of Expert Evidence by Submitters

100 KB

PDF

7 March 2017

Memorandum to Hearing Panel from Counsel for the Bay of Plenty Regional Council

Concerning Evidence Received Late from Submitters

99.7 KB

PDF

3 March 2017

 

 

Memorandum No 6 - Hearing Schedule

57 KB

121 KB

95.8 KB

PDF

PDF

PDF

Wednesday 1 March 2017 Memorandum No 5 - Caucusing of Expert Witnesses / Hearing Schedule 6.2 KB PDF
 

Memoranda from the panel

Memorandum No 1 of the Hearing Commissioners 

Attachment One - Hearing Status Form 

Memorandum No 2 of the Hearing Commissioners 

Request for Deferral of PC10 hearing – Lake Rotorua Primary Producers Collective 

Response to Commissioners - Lake Rotorua Primary Producers Collective (pdf.174KB)

Memorandum of Understanding on Science Review (pdf.2.04MB)

Memorandum No 4 of the Hearing Commissioners (pdf.76KB)

Responses from other parties

Ballance Agri-Nutrients Ltd (pdf.394KB)

Bay of Plenty Regional Council (pdf.99KB)

Federated Farmers of New Zealand (pdf.234KB)

Chris Hook (pdf.90KB)