Plan Change 9 is the first step in a two-stage approach to improving the rules for water quality and quantity management in the Bay of Plenty.
- Version 3.8 Notified (October 2016)
- Version 6.0 Staff recommendations (March 2018)
- Version 8.0 Hearing panel recommendations (October 2018)
- Report and Recommendations of the Hearing Committee
- Core documentation
Fourteen parties have filed appeals to proposed plan change 9. Twenty-six parties have filed s274 notices to join the appellants. Key issues raised by the appeals relate to Māori rights and interests, renewable electricity provisions, unauthorised dairy shed water takes, municipal water supplies and operational matters.
PPC9 appeals have been assigned to the Court’s standard case management process and Council is encouraged, initially, to find solutions outside the formal court proceedings before moving into court-assisted mediation.
Staff consulted with all parties and filed a memorandum in January with the Court attaching a proposed topic structure for use by the Court to group the appeals. Council suggested the following timeframes:
- Initial meetings with appellants completed by the end of February 2019
- Multi-party discussions/workshops held during March and April 2019, starting with Group 1 as shown in the attached topic structure
- A further Court report to be filed by 10 May identifying:
- Appeal points that have been resolved or agreed in principle, pending resolution of related matters;
- Appeal points that have not been resolved and will be the subject of Court-assisted mediation; and
- Any legal issues that have been identified by parties as requiring determination prior to mediation
Staff are currently holding informal meetings with appellants as a precursor to multi–party workshops and, where required, Court-assisted mediation.
As a result of the range of topics raised in the appeals, Council decided at the Regional Direction and Delivery Committee on 19 February to form an appeals sub-committee comprising Councillors MacDonald, Nees, Thompson and von Dadelszen. Their role will be to consider the scope of mediation and resolution of Environment Court appeals.
Although PPC9 is under appeal, many of its more administrative provisions require implementation, for example consents continue to be administered under the operative and proposed planning provisions.
Assessment of Water Availability and Estimate of Current Allocation Levels Report October 2016 (AWA Report)
Council has continued to revise and update the report. Information relating to groundwater is now available in a live web-based map. Surface water information will be moved to a similar system in future, but is currently available here.