Upston Louise: Environment Canterbury (Transitional Governance Arrangements) Bill — Second ReadingText is incorporated into the Bound VolumeUpston Louise: Environment Canterbury (Transitional Governance Arrangements) Bill — Second Reading[Sitting date: 10 March 2016. Volume:711;Page:9626. Text is incorporated into the Bound Volume.]Hon LOUISE UPSTON (Associate Minister for Land Information) on behalf of theMinister for the Environment. I move That the Environment Canterbury (Transitional Governance Arrangements) Bill be now read a second time. Firstly I would like to thank the Local Government and Environment Committee which put a lot of hard work into this bill and also the people and organisations who made submissions. The committee considered over 1100 submissions on the bill and the result of that effort is a clearer and more workable piece of legislation. The most significant amendment recognises and reinforces the relationship that Environment Canterbury has developed with Ngāi Tahu over the last 6 years by allowing Ngāi Tahu to recommend two appointments to the transitional governing body.This bill creates a mixed-model governance structure for Environment Canterbury for a transitional period between the 2016 and 2019 local government elections. It will help the timely completion of a robust clear and effective framework for the management of fresh water and nutrient management in the Canterbury region. The main components of the bill are to establish a mixed-model governance body that has a majority of elected councillors and provides a pathway to transition to a standard regional council with all councillors elected in 2019. It will continue the limited appeals process under the streamlined Resource Management Act planning processes and repeal the special water conservation order and moratoria on resource management processes which are no longer needed by the new governing body. This package of measures aims to ensure that the good work started by the commissioners in 2010 will be substantially completed prior to Environment Canterbury’s return to a standard regional council in 2019.Before going into the detail on these measures it is important to understand why they are needed. In 2010 the Government appointed seven specialist temporary commissioners to lift Environment Canterbury’s performance. This followed unprecedented requests for urgent action from Cantabrians Canterbury mayors and the outcome of an independent report. The regional council was failing to manage Canterbury’s natural resources and serve its diverse communities. There was no operative freshwater planning framework and internal divisions in leadership stood in the way of progress. Although the commissioners transformed Environment Canterbury into a highly effective organisation and used the alternative Resource Management Act processes given to them under the 2010 Act to good effect the commissioners’ terms were extended in 2013 as there was still much work to be done. There was also a strong need for regional stability particularly in light of the earthquakes.When the commissioners’ term expires in 2016 after 6 years in office this will represent a significant change. Such an abrupt change in leadership will bring inevitable challenges to the focus and momentum of ongoing work programmes. It is vital that this change is carefully managed so that it does not slow the progress made so far especially in establishing an integrated planning framework and applying collaborative local solutions to manage fresh water sustainably.During their term the commissioners have also developed excellent relationships with stakeholders which will need to be re-established once the mixed model is in place. The level of stakeholder confidence in the new governing body will contribute to the speed with which this can take place. In addition a coordinated transition is vital to ensure that Environment Canterbury has the skills and experience to fulfil its statutory responsibilities and effectively engage with ongoing priorities projects and work programmes.The bill provides for a mix of seven councillors to be elected from four constituencies across Canterbury communities and the appointment of up to six councillors by the Government. The Government-appointed councillors will be chosen to complement the skills of those elected by the Canterbury communities. The bill will provide that all councillors whether elected or appointed will have the same roles and responsibilities at the council table. All councillors will have their pay rates set by the Remuneration Authority in the same way that the authority determines remuneration for all regional councils.The Local Government and Environment Committee has recommended that two of the appointments to Environment Canterbury should be made on recommendation from Te Rūnanga o Ngāi Tahu. I support this recommendation given their guardianship role and the strong partnership that has developed between Ngāi Tahu and Environment Canterbury while the commissioners are in place. It is appropriate to ensure that this partnership continues in the mixed model to recognise Ngāi Tahu’s significant and unique interests in Canterbury’s environment and the management of its natural resources.The bill provides that the term of the mixed-model governance body will end on the day after the day on which the official election result is declared for the full council following the 2019 local government elections. The bill provides that the mixed-model council will review the regional representation arrangements in Canterbury prior to the election taking place.The bill carries forward the limitation on appeal rights on development and amendment to regional plans and regional policy statements relating to freshwater management. To achieve this the bill provides that appeals can be made only by certain individuals to the High Court on points of law. This power along with the rest of the bill will be repealed on the resumption day in 2019. However if a planning process remains incomplete a transitional clause ensures that the limitation on appeals will continue to apply until it is complete.The bill repeals the provisions in the 2010 Act that gave Environment Canterbury additional powers to make moratoria on resource consents. It also repeals with some transitional measures the special powers in the 2010 Act by which Environment Canterbury considered water conservation order applications. The Environment Canterbury (Transitional Governance Arrangements) Bill is a sensible next step for Environment Canterbury. The mixed model returns it to a level of democratic accountability while also ensuring that the skills and expertise exist to continue work streams.The minimum alternative resource management powers have been retained to allow Environment Canterbury to complete the freshwater planning programme started by the commissioners which we see as critical to the economic and environmental future of the region. In short this bill provides for a low-risk and well-managed transition to a fully elected regional council for Canterbury in 2019 and the Government commends it to the House.