Pursuant to section 8 of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 ("the Act"), the Minister for the Environment and the Minister of Local Government give notice that the replacement day as defined in the Act shall be the commencement of Saturday 1 May 2010.
Appointment of Commissioners, Chairperson and Deputy Chairperson
Pursuant to section 12(3) of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010, the Minister for the Environment and the Minister of Local Government give notice of their appointment of the following persons as commissioners
of the Canterbury Regional Council ("Environment Canterbury"):
Margaret Bazley
David Caygill
Donald Couch
Tom Lambie
Rex Williams
David Bedford
Peter Skelton
Pursuant to section 16 of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010, the Minister for the Environment and the Minister of Local Government give notice of
their appointment of the following persons as chairperson
of the commissioners and deputy chairperson of the commissioners:
Margaret Bazley (chairperson)
David Caygill (deputy chairperson)
Date of Appointment
All the commissioners listed in this notice take office at the commencement of the replacement day (ie 1 May 2010).
The appointments of Margaret Bazley, David Caygill, Donald Couch, Tom Lambie, Rex Williams, David Bedford, and Peter Skelton will expire on the close of the day before the resumption day (as specified in the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010).
Terms of Reference
Responsible Ministers (as defined in the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010) have approved terms of reference for commissioners. These terms of reference are as follows:
1. Role of Environment Canterbury Commissioners
The role of the commissioners is to govern Environment Canterbury and to provide Canterbury with leadership on
resource management matters, in particular freshwater, and in particular to focus on the urgent need for improvements in freshwater management around water quality, allocation and opportunities for storage.
The commissioners will carry out all the functions and powers of Environment Canterbury councillors provided for under the Local Government Act 2002 and the Resource Management Act 1991 and any other Act which imposes powers, duties or obligations on Environment Canterbury. Commissioners must exercise their functions in accordance with the purpose and principles of the Local Government Act 2002 and the Resource Management Act 1991.
The commissioners will be responsible for addressing institutional problems identified in Environment Canterbury, including those identified in the review group's report and for ensuring that the organisation is capable of delivering its functions in an efficient and effective manner.
The commissioners will be responsible for ensuring that decisions on the Natural Resources Regional Plan are approached with urgency so the plan can provide clarity and direction on the management of water and other resources in the region.
The commissioners will be responsible for the timely consideration of applications for amendments to water conservation orders and any applications for new
water conservation orders in the Canterbury region.
The commissioners will also provide advice to Ministers on possible long-term institutional arrangements and requirements for achieving the Government's objectives for water management in Canterbury.
2. Outcomes
The Government intends to set specific outcomes and goals, with measurable milestones, for the commissioners to achieve. A letter from the responsible Ministers to the chair of the commissioners, detailing these outcomes
and milestones, will be provided by 1 June 2010. The commissioners will be expected to report progress against these outcomes and milestones quarterly as part of regular reporting.
3. Specific expectations
In addition to complying with the requirements of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010, the Local Government Act 2002, the Resource Management
Act 1991 and any other Act which imposes powers, duties or obligations on Environment Canterbury, the commissioners will be expected to:
(a) effectively govern Environment Canterbury and ensure that Environment Canterbury effectively carries out its functions and meets all its statutory obligations;
(b) assess the scope of matters to be dealt with and determine the priority of the tasks and decisions they are required to make;
(c) use opportunities provided in the statutes to deal with matters in an integrated and expeditious manner;
(d) build effective and long-term relationships with the Canterbury territorial authorities and seek their advice on issues that impact on their roles, functions and powers;
(e) build on the collaborative work of the Canterbury Water Management Strategy including reviewing and addressing matters as necessary for sound policy development and continue the engagement with key stakeholders and the public on improving the management of water in Canterbury;
(f) seek advice from Te Runanga o Ngai Tahu on issues that impact on Ngai Tahu;
(g) ensure that any delegations, including any delegations already in place or delegations proposed to be put in place, are made to appropriately skilled and experienced persons and in particular, when delegating any decision making powers in relation to the Resource Management Act 1991, have regard
to the need for experience in conducting hearings and making decisions under the Resource Management Act 1991;
(h) ensure that the structure, roles and membership
of council committees effectively support their functions and duties as commissioners;
(i) consider issuing draft decisions on the Natural Resources Regional Plan and giving submitters an opportunity to comment on the draft decision before a final decision is made;
(j) contribute to Government's consideration of the
long-term governance and institutional arrangements for Local Government, by providing advice on
the governance and institutional arrangements in Canterbury necessary to achieve the efficient and effective delivery of Environment Canterbury's functions, including measures to promote durable resolution of the issues raised in the Review Group's report - particularly relating to freshwater management; and
(k) regularly communicate lessons learnt during this temporary period of intervention to government officials (including officials from the Ministry for the Environment and the Department of Internal Affairs), particularly relating to freshwater management.
Government's expectation is that the remuneration of commissioners will be paid for by Environment Canterbury and will not exceed the current level of funding approved for the remuneration of the governing body of Environment Canterbury. Members will be paid a daily rate for their work as commissioners. The chairperson will be responsible for ensuring commissioners' remuneration stays within approved levels.
4. Advice and administrative support to the Commissioners
As the governing body of Environment Canterbury, the commissioners will be supported by its chief executive. The commissioners will also have the ability of any local authority to engage such other support or advice it may require.
5. Reporting requirements
The commissioners will report quarterly to the Minister for the Environment and the Minister of Local Government on progress towards addressing the organisational capability and performance of
the organisation - particularly relating to freshwater management.
The commissioners will provide a report as soon as practicable and no later than the first quarterly report, about its priorities for dealing with the matters it has before it.
Dated this 20th day of April 2010.
HON DR NICK SMITH, Minister for the Environment.
HON RODNEY HIDE, Minister of Local Government.