Hawke's Bay Regional Planning Committee Act 2015

1: Title
This Act is the Hawke's Bay Regional Planning Committee Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to improve tāngata whenua involvement in the development and review of documents prepared in accordance with the Resource Management Act 1991
2: To that end, this Act establishes the Hawke’s Bay Regional Planning Committee as a joint committee of the Hawke’s Bay Regional Council.
4: Interpretation
1: In this Act, unless the context otherwise requires,— appointer
a: a tāngata whenua appointer:
b: the Council appointer for Ngāti Ruapani ki Waikaremoana
a: if section 5(3)
b: if section 5(3) Council Council member section 11(1)﻿(j) governance document governance entity Hawke's Bay Regional Planning Committee RPC section 7 Heretaunga Tamatea Settlement Trust interim committee clause 30(1) interim terms of reference local government legislation
a: the Local Government Act 2002
b: the Local Government Official Information and Meetings Act 1987
c: the Local Authorities (Members' Interests) Act 1968 Mana Ahuriri Incorporated Maungaharuru-Tangitū Trust members Ngāti Pāhauwera Development Trust Ngati Tuwharetoa Hapu Forum Trust RMA document
a: a regional policy statement or proposed regional policy statement:
b: a regional plan or a proposed regional plan RPC region New Zealand Gazette specified legislation
a: this Act; and
b: the local government legislation; and
c: the relevant provisions of the Resource Management Act 1991 tāngata whenua appointer section 5
a: means—
i: the trustees of the Maungaharuru-Tangitū Trust, on behalf of the Maungaharuru-Tangitū Hapū:
ii: the trustees of the Ngāti Pāhauwera Development Trust, on behalf of Ngāti Pāhauwera:
iii: the trustees of Tūhoe Te Uru Taumatua, on behalf of Tūhoe:
iv: the trustees of Ngati Tuwharetoa Hapu Forum Trust, on behalf of Ngāti Tūwharetoa:
v: Mana Ahuriri Incorporated, on behalf of the Mana Ahuriri hapū:
vi: the trustees of Te Kōpere o te iwi o Hineuru Trust, on behalf of Ngāti Hineuru:
vii: the trustees of the Heretaunga Tamatea Settlement Trust, on behalf of the hapū of Heretaunga and Tamatea:
viii: Te Tira Whakaemi o Te Wairoa, on behalf of Wairoa iwi and hapū:
ix: the appointer for Ngāti Ruapani ki Waikaremoana, on behalf of Ngāti Ruapani ki Waikaremoana; and
b: includes, in relation to a tāngata whenua appointer that is a governance entity, a delegate of, or a successor to, that appointer if the delegation or succession complies with the requirements of the governance document of the appointer tāngata whenua member section 11(1)﻿(a) to (i) Te Kōpere o te iwi o Hineuru Trust Te Kotahitanga o Ngāti Tūwharetoa Te Tira Whakaemi o Te Wairoa terms of reference
a: means the interim terms of reference; and
b: includes any amendments to the terms of reference trustees of the Heretaunga Tamatea Settlement Trust trustees of the Maungaharuru-Tangitū Trust trustees of the Ngāti Pāhauwera Development Trust trustees of the Te Kōpere o te iwi o Hineuru Trust trustees of Tūhoe Te Uru Taumatua Tūhoe Te Uru Taumatua
2: In this Act,—
a: change proposed policy statement regional plan regional policy statement variation section 43AA
b: proposed plan section 43AAC Section 4(1) Te Kotahitanga o Ngāti Tūwharetoa inserted 19 December 2018 section 188(3) Ngāti Tūwharetoa Claims Settlement Act 2018 Section 4(1) trustees of the Ngati Tuwharetoa Hapu Forum Trust repealed 19 December 2018 section 188(2) Ngāti Tūwharetoa Claims Settlement Act 2018
5: Definition of tāngata whenua appointer modified if the Crown approves governance entity or recognises mandated body
1: This section applies if, after the commencement of this Act, the Crown—
a: approves a governance entity for—
i: Mana Ahuriri hapū; or
ii: Ngāti Tūwharetoa; or
iii: Wairoa iwi and hapū:
b: recognises a mandated body to represent Ngāti Ruapani ki Waikaremoana in historical Treaty of Waitangi claims settlement negotiations:
c: approves a governance entity for Ngāti Ruapani ki Waikaremoana.
2: If any of subsection (1)﻿(a)﻿(i) to (iii) applies, the tāngata whenua appointer for the relevant iwi or hapū is, despite the definition of tāngata whenua appointer in section 4
3: If subsection (1)﻿(b) or (c) applies, the appointer for Ngāti Ruapani ki Waikaremoana is, despite the definition of that term in section 4
6: Act binds the Crown
This Act binds the Crown.
2: Hawke's Bay Regional Planning Committee
RPC established
7: RPC established
This section establishes the RPC as a statutory body.
8: Status of RPC
1: Despite the membership of the RPC provided by section 11 clause 30(1)﻿(b)
2: Despite Schedule 7 Purpose, functions, and powers of RPC
9: Purpose of RPC
1: The purpose of the RPC is to oversee the development and review of the RMA documents prepared in accordance with the Resource Management Act 1991
2: To avoid doubt, nothing in this Act limits the obligations of the Council under the Resource Management Act 1991 Local Government Act 2002
10: Functions and powers of RPC
1: The primary function of the RPC is to achieve the purpose of the RPC.
2: In achieving the purpose of the RPC, the RPC may—
a: consider the RMA documents and recommend to the Council for public notification the content of any draft—
i: change to the regional policy statement or regional plan:
ii: proposed regional policy statement or proposed regional plan:
iii: variation to a proposed regional policy statement, proposed regional plan, or change; and
b: monitor the efficiency and effectiveness of the RMA documents in accordance with section 35
c: implement a work programme for the review of the RMA documents; and
d: perform any other function specified in the terms of reference.
3: For the purposes of enabling the RPC to carry out its functions, the Council must—
a: refer all matters referred to in subsection (2)﻿(a) to the RPC; and
b: provide all necessary documents or other information to the RPC.
4: The RPC has the powers reasonably necessary to carry out its functions in a manner consistent with the specified legislation. Membership of RPC
11: Membership of RPC
1: The RPC consists of an equal number of tāngata whenua members and Council members as follows: Tāngata whenua members
a: 1 member appointed by the trustees of the Maungaharuru-Tangitū Trust:
b: 1 member appointed by the trustees of the Ngāti Pāhauwera Development Trust:
c: 1 member appointed by the trustees of Tūhoe Te Uru Taumatua:
d: 1 member appointed by the trustees of the Te Kotahitanga o Ngāti Tūwharetoa
e: 1 member appointed by Mana Ahuriri Incorporated:
f: 1 member appointed by the trustees of Te Kōpere o te iwi o Hineuru Trust:
g: 1 member appointed by Te Tira Whakaemi o Te Wairoa:
h: 2 members appointed by the trustees of the Heretaunga Tamatea Settlement Trust:
i: 1 member appointed by the appointer for Ngāti Ruapani ki Waikaremoana: Council members
j: 10 members appointed by the Council (who must be councillors of the Council holding office and, if there is an insufficient number of councillors, such other persons appointed by the Council in accordance with clause 31(3)
2: Each appointer must—
a: in the case of the initial appointment of members of the RPC—
i: make an appointment before the first meeting of the RPC; and
ii: notify all other appointers in writing of the appointment:
b: in the case of any subsequent appointment of a member to the RPC, notify the RPC in writing of an appointment and provide a copy of the notice to all other appointers as soon as is reasonably practicable.
3: If a tāngata whenua appointer fails to appoint a tāngata whenua member in accordance with this Act, then the number of Council members on the RPC is reduced proportionately until an appointment is made to ensure that the RPC consists of an equal number of tāngata whenua members and Council members.
4: If a tāngata whenua member fails to attend 3 out of any 5 consecutive meetings of the RPC without the prior written agreement of all other members,—
a: the tāngata whenua member’s appointment is deemed to be discharged; and
b: the number of Council members on the RPC is reduced proportionately until a replacement member is appointed by the relevant tāngata whenua appointer.
5: To avoid doubt, a tāngata whenua member is not, by virtue of the person's membership of the RPC, a member of the Council. Section 11(1)﻿(d) amended 19 December 2018 section 188(4) Ngāti Tūwharetoa Claims Settlement Act 2018 Other matters
12: Terms of reference of RPC
1: The terms of reference must provide for—
a: the quorum for meetings of the RPC:
b: how the RPC will be administered:
c: the procedures relating to meetings of the RPC, decision making by the RPC, and dispute resolution, including for the purposes of section 10(2)﻿(a)
i: for the Council to refer back to the RPC for reconsideration any recommendation made by the RPC but not adopted by the Council (whether in whole or in part); and
ii: for the RPC to provide further recommendations to the Council:
d: how the costs of administering and operating the RPC will be met by the Council, including—
i: the costs of any advice required by the RPC; and
ii: a procedure for determining the remuneration to be paid to tāngata whenua members and reimbursement of their expenses.
2: The terms of reference may be amended by the written unanimous agreement of the appointers.
3: The terms of reference must be consistent with the specified legislation.
4: In the event of an inconsistency between the obligations of the Council under the terms of reference and its obligations under the specified legislation, the specified legislation prevails.
13: First meeting of RPC
The first meeting of the RPC must be held no later than 6 months after the commencement of this Act. Application of local government legislation
14: Application of local government legislation to RPC
1: The provisions of the local government legislation apply, with any necessary modifications, to the RPC—
a: to the extent that they are relevant to the purpose and functions of the RPC as a joint committee of the Council; and
b: except as otherwise provided for in this Act. Schedule 7 of Local Government Act 2002
2: The following provisions of Schedule 7 Schedule 7
a: clause 6(1)﻿(b)
b: clause 12
c: clause 31(1) and (3)
3: The following provisions of Schedule 7 do not apply to the RPC:
a: clause 23(3)﻿(b)
b: clause 24
c: clause 25
d: clause 26
e: clause 27
f: clause 30(3), (5)﻿(a), and (7)
g: clause 31(2), (4), and (6)
h: clause 32A Section 3 of Local Authorities (Members' Interests) Act 1968
4: Section 3 Local Government Official Information and Meetings Act 1987
5: The Local Government Official Information and Meetings Act 1987
6: Section 7(2)
k: avoid serious offence to tikanga of any iwi or hapū represented by a tāngata whenua appointer as defined in section 4 of the Hawke's Bay Regional Planning Committee Act 2015; or
l: avoid the disclosure of the location of wāhi tapu of significant interest to any iwi or hapū represented by a tāngata whenua appointer as defined in section 4 of the Hawke's Bay Regional Planning Committee Act 2015. Further provisions
15: Further provisions relating to RPC
The Schedule