Agenda of Regional Council Meeting

Action Items from Previous Council Meetings

Attachment 1

Actions from Regional Council Meetings

	Agenda Item	Action	Person Responsible	Due Date	Status Comment
1.	9 month Annual Report Progress	Develop a strategic approach to Appeals to the Environment Court on consent Decisions, using risk analysis	MM	December	Report on 14 December Council meeting agenda.
2.	Ruataniwha Plains Water Storage Project	Regular updates to Council or Committee when each milestone is achieved	AN/ GH	Ongoing
3.	Notices	Section 36 charges	AN		Report circulated to Councillors with Agenda posted 8 December
4.	Action Items from Council meetings	Environmental Awards – judging criteria and assessment of how this leveraged furthering Council’s environmental goals	EAL
5.	Affixing of Common Seal	Number of leasehold properties freeholded as at 30 Nov 2011 – at 10% and 17.5%, including the dollar value in each category and the dollar value of the discounts	PD		Please find attached as Annexes 1 & 2 to this paper, information on the following leasehold issues: 1. An analysis showing the number of freeholdings analysed into those that attract a 10% discount and those at a 17.5% discount, also the value of the discounts in total for the five months up to 30 November 2011. Also provided is the assistance that Council is providing to cross lessees by way of advice etc. 2. Also attached is the leasehold land communication plan which covers the period December 2011 to August 2012.
6.	Affixing of Common Seal	Number of cross lease properties freeholded as at 30 Nov 2011	PD
7.	Affixing of Common Seal	Proposed actions to encourage more lessees to freehold prior to 30 June 2012	PD
8.	Air Quality Plan Change	Wording of Policy 69a, 5.3.3D to be examined and reworded if necessary for clarity	BR

Action Items 5 – 7 ANNEX 1

Of the 59 lessees who have agreed to freehold, only 2 lessees on one cross-lease property have completed their freeholding with another 9 cross-lease properties in the freeholding process.

This leaves a further 483 cross-lease properties in a leasehold state with total lessees being 968.

The difficulty of freeholding a cross-lease property is the legal requirement for all lessees or their nominees to freehold so that the fee simple of the land is completely transferred to the unit owners.

Unit owners only have a percentage share in the total land area which has one Certificate of Title and in the case of leasehold land, one Head Lease.

Invariably, on a cross-lease leasehold section, there will lessees who will not be able to or want to freehold due to age, financial position or other circumstances such as landlord/tenant usage.

Council staff have spent considerable amount of time informing individual lessees on the freeholding process and where required, discussing options such as nominating other lessees/family or the sub-division aspect to facilitate the freeholding.

Action Items 5 – 7 ANNEX 2

LEASEHOLD LAND COMMUNICATION PLAN: 2012

Developed by Hawke’s Bay Regional Council, External Relations Group
Created November 2012

BACKGROUND

Council has a portfolio of 1,101 properties, acquired at the time of Local Government reform in 1989. The current value of this portfolio is approximately $80M. Under the terms of each lease the properties can only be sold to lessees and Council is committed to continued ownership unless lessees are willing to freehold their properties at fair value.

The portfolio itself provides an ongoing source of non-rate revenue to Council and the funding stream continues to benefit the region. However, Council seeks to invest more soundly in the future and for this reason is working to sell down the portfolio to reinvest in regional infrastructure projects that will deliver long term economic and environmental benefits to the entire region, i.e. water storage.

Communication with lessees and related agencies, such as realtors and lawyers, in promoting property sales is a sensitive matter and needs to be mindful of residents’ and investors’ socio-economic circumstances – which will all be different.

PURPOSE

Council’s objective is to realise value from leasehold land by selling down its holding in this portfolio. For that reason, favourable terms and discounts have been introduced which will be available until 30 June 2012.

Council offers an advisory service to lessees, which includes information and assistance. Council proposes to continue communicating openly with leaseholders and related agencies to enable the greatest uptake of sale and purchase agreements.

COMMUNICATION PLAN

This Communication Plan is specific to Leasehold Land. It identifies the stakeholders, key messages, and how and when information will be delivered.

The broader context of Leasehold Land is in Council’s developing Investment strategy – including the Port of Napier Limited, waste water land use, erosion control and water storage. The draft Land and Water Strategy and work toward the 2012-2022 Long Term Plan are relevant. However, the economic drivers for Council’s investment strategy are not relevant where lessees of various personal circumstances are trying to finance their ‘homes’

KEY PUBLIC MESSAGES

· Freeholding these properties has never been easier, whether you’re a resident or investor

· It is important to discuss your individual circumstances with Council staff

· Discounts and assistance with legal fees are available for the settlement of sales and purchase agreements before 30 June 2012

TARGET AUDIENCE

Information exchange will be common where possible, but specific to groups in terms of relevance and detail, and use the most appropriate channels, i.e. face-to-face discussions and/or phone calls with lessees compared with media releases directed at the general public.

Lessees and investors	· Newsletters · Media releases
Councillors	· Communications Plan · Copy of newsletters & media releases
Real estate agents	· Speaking Opportunities where appropriate
Legal firms	· Phone follow-ups · Cover letter and copy of newsletters
Napier City Council	· Cover letter and copy of newsletters · Opportunities for discussion where required
Staff	· Emailed copy of newsletter
Public of Hawke’s Bay	· Media Releases · Website

RISKS

· Information released publicly before lessee liaison

· Information inconsistent between groups, i.e. lessees and real estate agents, MPs

· Too little information or lacking in detail

· Information that is too technical or difficult to understand

· Additional stress for lessees, particularly those who are unwilling or unable to freehold who may feel their ‘home’ is at risk.

MEASUREMENT & EVALUATION

Evidence of success is likely to be absence of negative publicity; having set expectations and subsequently meeting them.

Feedback and additional information from Councillors, MPs, staff and other sources will help to monitor the goodwill and engagement of stakeholders and enable communication to be adapted to appropriate audiences until 30 June 2012, and beyond that time.

COMMUNICATION ACTIVITY PLAN

TO WHOM	WHAT	OWNER	Date Actnd
RC Councillors Public	December 2011 § Comms Plan to council meeting § Update website	Helen/ Paul Helen/Anthony/John	Dec Dec

Public	January 2012 Media Release – Reminding people of the offer and the deadline	Helen/John	Jan
RC Councillors Leaseholders Legal Firms MPs NCC HBRC staff Public	February 2012 § Copy of next leasehold newsletter § Leasehold newsletter § Cover letter with copy of newsletter § Cover letter with copy of newsletter § Cover letter with copy of newsletter § Email § Update website content	Helen/ Paul Helen/ Paul Helen/ John Helen/ John Helen/ John Helen/ Paul Helen/Anthony/John	Feb Feb Feb “ “ “ “

Public	May 2012 § Media Release – Just one month to take up the offer	Helen/John	May

RC Councillors Public	August 2012 § Report to Council on how many lessees taken up offer § Media Release – On how many lessees taken up offer and plans for future	Helen/ Paul Helen/Paul	August August

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 14 December 2011

Subject: Affixing Of Common Seal

Comment

1. The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 20

DP 12309

CT D2/499

- Transfer

1.1.2 Lot 179

DP 11149

CT B1/113

- Transfer

1.1.3 Lot 29

DP 12692

CT E1/52

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

- Transfer

1.1.4 Lot 28

DP 13693

CT F2/1290

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.5 Lot 84

DP 11780

CT C3/512

- Agreement for Sale and Purchase

(discount 10% landlord)

1.1.6 Lot 11

DP 13039

CT E2/1214

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

- Transfer

1.1.7 Lot 5

DP 4488

CT 55/123

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.8 Lot 104

DP 14450

CT G2/730

- Transfer

1.1.9 Lot 224

DP 11194

CT B3/86

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

- Transfer

1.1.10 Lot 7

DP 13899

CT F4/429

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.11 Lot 44

DP 13216

CT E4/371

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.12 Lot 117

DP 11717

CT C3/82

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.13 Lot 5

DP 7201

CT B4/920

- Transfer

1.1.14 Lot 57

DP 12226

CT D2/162

- Transfer

1.1.15 Lot 99

DP 11780

CT C3/520

- Agreement for Sale and Purchase

(discount 10% landlord)

3159

3160

3161

3171

3163

3164

3165

3166

3170

3172

3173

3180

3174

3175

3176

3177

3178

3179

18 November 2011

19 November 2011

25 November 2011

23 November 2011

25 November 2011

1 December 2011

6 December 2011

2 December 2011

6 December 2011

1.2

Staff Warrants

1.4.1 K. Sigglekow (Delegations under Biosecurity Act 1993; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

3162

21 November 2011

1.3

Proxy

Port of Napier Limited

3169

23 November 2011

Decision Making Process

2. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

2.1 Sections 97 and 88 of the Act do not apply;

2.2 Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided;

2.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.

Recommendations

That Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Confirms the action to affix the Common Seal.

Diane Wisely

Executive Assistant

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 14 December 2011

Subject: Establishment of Investment Company

Reason for Report

1. At its meeting on 23 November 2011, Council resolved to adopt a staged process for governance of the Investment Company, and approved a Transition Board of seven persons consisting of three councillors, three appropriately skilled and experienced independent persons and the Chief Executive of Council.

2. Council also called for a paper to “finalise matters concerning the Investment Company’s establishment, including Council’s Statement of Objectives, the company’s Constitution, and the transfer of assets” to be submitted to a subsequent Council meeting.

3. This paper responds to Council’s call for the paper to finalise matters concerning the Investment Company.

4. This report deals successively with the proposed:

4.1. Statement of Objectives set by Council

4.2. Company Constitution

4.3. Appointment of Transition Board

4.4. Transfer of Assets to the Investment Company

4.5. Statement of Corporate Intent

4.6. Implementation Timetable.

Statement of Objectives

5. In order to ensure the Investment Company clearly understands Council’s expectations as its shareholder, Council will detail its objectives for the company to its Board and management from time to time. These objectives will be consistent with Council’s Vision of: A region with a vibrant community, a prosperous economy, a clean and healthy environment, now and for future generations.

6. The Investment Company therefore needs to take into account Council’s strategic economic, environmental, social and cultural priorities when considering its investment decisions, especially as Council will consider these matters when evaluating investment recommendations made by the Investment Company.

7. The first Statement of Objectives will be provided to the Transition Board at its first meeting and will, amongst other things, stipulate:

7.1. Council’s targets for returns on total assets, and on shareholders’ funds, debt/equity ratio, interest cover ratio, and funding limitations

7.2. Dividend policies to be adopted

7.3. Requirements to support Council’s strategic economic, environmental and social investment priorities.

8. A revised draft Statement of Objectives is attached as Attachment 1. Please note that the dividend payments included in this draft Statement have been taken from projected dividend payments now expected to be received from the Port of Napier Limited in accordance with their forecast dated 25 November 2011.

9. The initial performance targets proposed in the attached Draft Statement of Objectives reflect:

9.1. That in the initial years, the major asset of the Investment Company will be the Port of Napier Limited, the return on investment and earnings before interest, tax, depreciation, amortisation to total assets is shown as the same percentages as included in the current Statement of Corporate Intent between Council and Port of Napier Limited.

9.2. A prudent approach to any borrowing where borrowings are limited to no more than 40% of total assets (net debt/(net debt+equity) is < 40%) and cash earnings (EBIT –earnings before interest and taxation) is sufficient to pay three times the interest on any borrowings by the Investment Company (EBIT/Interest paid >3x).

9.3. A conservative expectation that the company’s investments will grow in value over time, after taking into account annual income from those investments (change in capital values of 3%, which is in addition to the 4% referred to in Section 9.1 above).

9.4. Reasonable consistency with the performance targets currently applying to Port of Napier Limited under its Statement of Corporate Intent.

10. It is important to note that these performance targets are initial targets only. They may be modified over time if Council finds lower investment returns are acceptable if they achieve strategic economic, environmental or social returns that would not otherwise be achievable or new investments with lower initial returns are acceptable in the interests of longer term income and capital growth returns. WaterCo could be an example that fits both these situations.

Company Constitution

11. The founding principles of the Investment Company’s constitution is contained in provisions:

11.1. Directing the nature and scope of the investment activities of the company (see Clause 1 of the draft Constitution).

11.2. Specifying the size of the Board, specifying number of directors and the terms and conditions of their appointment (see Clause 8 of the draft Constitution).

11.3. Requiring the preparation of Statements of Intent in accordance with the requirements of Local Government Act 2002 each of which will specify the company’s obligations to report to Council amongst other matters (see Clause 14.2 of the draft Constitution).

11.4. Incorporating Council’s requirements that its investments and investment income are to be used for regional council purposes. Words approved by Council in 2010 to reflect this (and now included in the Constitution – Clause 1.3i) were:

“All investments and use all income derived from these investments, for Regional Council purposes and functions as defined in statute, that is, they must generate financial and economic and, where appropriate, environmental, social and cultural benefits for the Hawke’s Bay Region.”

12. The Company Constitution has been drafted by Council’s lawyers, Sainsbury Logan & Williams, and is Attachment 2.

Appointment of the Transition Board

13. At its meeting on 23 November 2011, Council resolved:

13.1. To appoint three Councillors as directors of the Transition Board

13.2. Councillors who are interested in serving as directors should provide their Curriculum Vitae to the Chairman of Council for distribution to all Councillors

13.3. Appointments will be made by election at the Council meeting on 14 December 2011.

14. The process for appointment is now proposed to be:

14.1. In the event only three Councillors record their interest in being directors and submit their Curriculum Vitae to the Council, all three will be appointed to the Transition Board.

14.2. In the event more than three Councillors record their interest in being directors and submit their Curriculum Vitae to the Council then election for the three available positions will be held on the following basis.

14.2.1. The Councillors to be appointed directors will be those who receive the most votes of the members of the Council.

14.2.2. There will be only one round of voting for each candidate.

14.2.3. Each councillor will have one vote in each round of voting (i.e. 9 votes in each candidate round in total).

14.2.4. Voting will be undertaken by a show of hands.

14.2.5. If two or more candidates tie for the most votes, the tie is resolved by lot.

14.3. This methodology complies with System B of Section 25 of the Local Government Act 2002.

15. Council also resolved to appoint the Council’s Chief Executive to the Transition Board of the Investment Company.

16. Council also resolved the procedure for appointing three independent persons to the Transition Board as being:

16.1. Three persons “who have appropriate skills and experience” will be “identified and nominated” by the Chairman of Council; and,

16.2. Council will approve the Chairman’s nominees.

Transfer of Assets

17. The Investment Company is intended to hold corporate investments involving actual or potential private sector participation to enable achievement of improved financial returns from this part of the investment portfolio compared with the returns currently achieved from these investments.

18. The structure is intended to facilitate investment in commercially sound regional infrastructure projects using both Council’s investible resources and increasing the quantum of capital available for Council investments by attracting private sector investment in them, whether by way of partnering in direct ownership (equity) of assets or providing debt to the Investment Company.

19. This structure will enable Council to “leverage” its own investment through effective partnerships with the private sector and cost effective access to debt to improve returns on its own investment beyond what it currently achieves.

20. Initially this means PONL will be transferred to the Investment Company because it fits its purpose and structure, it is one of the key foundations of Council’s infrastructure investment, has potential to help leverage Council’s investments in conjunction with other government and private sector entities and improve tax efficiency across the investment portfolio.

21. Table 1 summarises the assets proposed to be transferred upon commencement of business by the Investment Company:

Table 1: Assets Proposed to be Transferred to the Investment Company

Source: Hawke’s Bay Regional Council, December 2011

22. On the other hand, although Council’s wastewater assets (such as those at Mahia and Waipukurau) or open space assets (such as Tutira and Waihapua), potentially could generate future investment returns from sale of carbon credits or forestry as well as fulfil conservation and recreation functions will not be transferred to the Investment Company because any future financial returns would be taxable if received through an Investment Company structure, but not taxable if received directly by Council.

23. Future forest assets that are proposed on high country sites within the region with the intention of stabilising exposed hill country sites and yielding a return to Council through the sale of carbon credits are proposed to be not included in Council assets to be transferred to the Investment Company because doing so would result in making their future profits taxable on the Investment Company and consequently taxable to Council. However no tax would be payable on profits if the assets remain directly owned by Council.

24. This proposed course of action has been recommended by PricewaterhouseCoopers who have stated in their opinion that:

24.1. Any profit from sell down of the forest assets by the investment holding company would ultimately be taxable in Council’s hands

24.2. Any income from sale of carbon credits or trees would also be taxable in Council’s hands if received through the Investment Company

24.3. Whilst operating losses may arise initially and during the early stages of the investment that could be offset against other group profits to reduce tax payable by the Investment Company at that time, when the asset is eventually sold these tax offsets would be reversed and tax would then become payable by the Investment Company. The net potential gain from deferring tax in this way is likely to be small and not sufficient to offset taxes payable on income and sale proceeds if the investments are held in the Investment Company.

25. Although current and future forestry assets are not intended to be transferred to the Investment Company now, this situation could change in the future if, for example, joint ownership with private sector partners proved commercially attractive. This could mean Council would reconsider the structure of forestry investment from time to time.

26. Even if the Investment Company has no direct ownership of forestry assets, the knowledge and commercial acumen resting in the members of its Board and management will be available to Council’s forestry management team in an advisory capacity as required.

27. Current assets to be transferred to the Investment Company will be transferred on the date of transfer at valuations proposed to made on the following basis.

27.1. For the Port of Napier Limited shareholding, at the value recorded in the financial statements of the Hawke’s Bay Regional Council as at 30 June 2011, unless the shareholding is revalued in accordance with Council policy or directives between 30 June 2011 and the date of transfer, in which case the transfer will be made at the then revalued figure.

27.2. For any other development asset selected to be transferred subsequent to this report, at a value equal to the accumulated net expenditure to the date of transfer incurred by Council.

28. Table 1 above shows the current values of the assets proposed to be transferred ($120.540 million) as recorded in Council’s financial statements as at 30 June 2011. However, actual valuations on transfer may differ from these figures.

29. Final valuations of assets to be transferred to the company will be determined as at the actual date of transfer.

Statement of Corporate Intent

30. In accordance with the requirements of the Local Government Act 2002, the Investment Company will prepare and negotiate a Statement of Corporate Intent with Council to meet the requirements of Council’s Statement of Objectives. The Statement of Corporate Intent will detail, amongst other things, its:

30.1. Mission, vision and objectives

30.2. Nature and scope of its planned activities and plans to invest for the period of the Statement

30.3. Performance targets

30.4. Strategic plan to achieve performance targets

30.5. Governance and management structure

30.6. Reporting obligations.

31. The Statement of Corporate Intent will be a priority for the Investment Company to enable it to commence business.

32. An initial draft Statement of Corporate Intent will be prepared by 31 March 2012.

Implementation Timetable

33. The following table indicates the implementation timetable expected to apply from the Council meeting on 14 December 2011.

Action	Complete By
Formally register Investment Company	31 January 2012
Inaugural Board Meeting	29 February 2012
Transfer of Assets	29 February 2012
Preparation of Statement of Corporate Intent	30 March 2012

Decision Making Process

34. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

34.1. The persons affected by this decision are the ratepayers of the Region, with whom Council engaged in a special consultative process on the proposal to establish an Investment Company during April and May 2011.

34.2. The decision is not inconsistent with an existing policy or plan.

34.3. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision due to the operational nature of the decisions to be made.

Recommendations

That Council:

1. Notes the further information contained in this report.

2. Approves the draft Statement of Objectives (Attachment 1) as Council’s Statement of Objectives for the Investment Company from 1 February 2012.

3. Approves the draft Constitution of the Investment Company (Attachment 2) as its constitution.

4. Approves the appointment of three Councillors as members of the Transition Board as elected through voting, those being:

4.1.

4.2.

4.3.

5. Approves the appointment of three independent directors to the Investment Company Transition Board, such persons to be identified and nominated by the Chairman of the Council.

6. Subject to any decisions to be made on valuation, approves the transfer of its shareholding in the Port of Napier Limited to the Investment Company with effect from 1 February 2012.

7. Notes that the Investment Company will submit its Statement of Corporate Intent to Council no later than 30 March 2012.

Paul Drury

Group Manager

Corporate Services

Andrew Newman

Chief Executive

Attachment/s

1 View	Draft Statement of Objectives for the Investment Company
2 View	Investment Company Constitution

Investment Company Constitution

Attachment 2

1 CAPACITY AND EFFECT

1.1 Rights, powers and duties: The Company, the Board, each Director and each Shareholder have the rights, powers, duties and obligations set out in the Act, except to the extent they are negated or modified, in accordance with the Act, by this constitution.

1.2 Full capacity: Subject to this constitution, the Act, any other enactment and the general law, the Company has full capacity, rights, powers and privileges to carry on or undertake any business or activity, do any act, or enter any transaction.

1.3 Limited Nature and Scope of Activities: Notwithstanding clauses 1.1 and 1.2, and pursuant to Section 16(2) of the Act, and in accordance with Council’s Investment Policy from time to time and recorded in its current Long Term Plan (“LTP”) under the Local Government Act 2002, the nature and scope of activities of the Company shall be limited to:

a. Owning and managing the investment assets and liabilities transferred to it by the Council from time to time;

b. Making new investments and disposing of current investments in pursuit of the Company’s objectives;

c. Investing in, and managing, a range of financial and physical assets including, but not limited to, property and infrastructure in the Hawke’s Bay Region (as defined in the Local Government Act 2002) and elsewhere in New Zealand, shares and equity investments in public listed and unlisted companies; equity in, and loans to, joint ventures; bonds, term deposits, mortgages and other fixed interest securities; and other financial instruments;

d. Raising funds for investment by selling bonds, mortgages, preference shares and other debt instruments or by reducing its holdings in equity investments, (for example by way of part sales of shares in Port of Napier Limited), its subsidiary or associated companies;

e. Assisting its subsidiary and associated companies to increase shareholder value and regional prosperity through growth and investment;

f. Applying best practice governance procedures within the Company and its subsidiaries and other investments;

g. Enhancing the Council’s capability to manage an active investment policy;

h. Providing flexibility of operation and access to financial tools not otherwise available to Council directly;

i. Helping achieve the Council’s regional strategic economic development objectives by investing in assets that will benefit the Hawke’s Bay Region as a whole, namely that, the Company will use all investments and use all income derived from these investments, for Regional Council purposes and functions as defined in statute, that is, they must generate financial and economic and, where appropriate, environmental, social and cultural benefits for the Hawke’s Bay Region.

2 RIGHTS ATTACHING TO SHARES

2.1 Shares: Subject to clause 2.2, a Share is an ordinary share in the Company and confers on the holder:

a. the right to 1 vote on a poll at a meeting of the Company on any resolution, including any resolution:

i. to appoint or remove a Director;

ii. to alter the constitution;

iii. to approve a Major Transaction;

iv. to approve an amalgamation of the Company under section 221 of the Act; and

v. to put the Company into liquidation;

b. the right to an equal share in dividends authorised by the Board;

c. the right to an equal share in the distribution of the surplus assets of the Company on a per Share basis; and

d. the right to receive notice of and attend every meeting of Shareholders.

2.2 Changes via terms of issue: Subject to section 53 of the Act, the rights specified in clause 2.1 may be negated, altered, or added to by the terms on which the Share is issued.

3 ISSUE OF SHARES

3.1 Board may issue Shares: Subject to the provisions of the Act and this constitution, the Board may issue additional Shares (and rights or options to acquire Shares) of any class (including redeemable Shares) at any time, to any person and in such numbers as the Board thinks fit.

3.2 Section 45 of the Act: Section 45 of the Act shall not apply so that the Company may issue Shares so as to alter the voting and distribution rights as between Shareholders without first offering those Shares to existing Shareholders.

4 OTHER MATTERS RELATING TO SHARES

4.1 Consolidation and subdivision of Shares: The Board may, with the approval of the Shareholders:

a. consolidate and divide the Shares in proportion to those Shares; or

b. subdivide the Shares in proportion to those Shares.

4.2 Company may purchase Shares: The Company may purchase or otherwise acquire Shares issued by it from one or more Shareholders in accordance with, and subject to, sections 59 to 65, 107, 108 and 110 to 112 of the Act, and may hold the acquired Shares in accordance with sections 67A to 67C of the Act.

4.3 Call on Shares: The Board may, following consultation with the Shareholders, make calls as it thinks fit in respect of all moneys unpaid on Shares that are not, by the terms applicable to the Shares, payable at a specified time or times under this constitution or the terms of issue of those Shares or any contract for issue of those Shares. The Board may revoke or postpone a call before payment is received. Schedule 1 governs calls on Shares that are not fully paid Shares.

4.4 Forfeiture of Shares where calls or other amounts unpaid: The Board may commence procedures in accordance with Schedule 1 for forfeiture of any Shares if the holder of those Shares fails to pay:

a. a call, or an instalment of a call, on those Shares; or

b. any amount that is payable under this constitution or the terms of issue of those Shares or any contract for the issue of those Shares.

4.5 Company’s lien: The Company has a lien on Shares that are not fully paid Shares and the proceeds of sale of such Shares on the terms set out in Schedule 1.

5 TRANSFER OF SHARES

5.1 Transfer of Shares: Subject to any restriction contained in this constitution and to the terms on which the Share is issued, a Shareholder may transfer any Share to another person by an instrument of transfer.

5.2 Restriction on transfer: Except as provided in clause 5.10, no Shares may be sold or transferred by any Shareholder, liquidator, official assignee or personal representative of any Shareholder, unless and until the rights of pre-emption set out in Schedule 3 have been exhausted.

5.3 No undermining: A Shareholder must not do anything that has the purpose or effect of undermining or circumventing the restriction on the transfer of Shares set out in clause 5.2.

5.4 Transferor to remain holder until registration: The transferor of a Share will remain the holder of the Share until the name of the transferee is entered in the share register of the Company.

5.5 Form of transfer: Every instrument of transfer of Shares must comply with all of the following provisions:

a. the form of the instrument of transfer must be any usual or common form or any other form approved by the Board;

b. the instrument of transfer must be signed or executed by or on behalf of the transferor; and

c. where the Shares being transferred are not fully paid up, the instrument of transfer must also be signed by, or on behalf of, the transferee.

5.6 Delivery to Company: An instrument transferring Shares must be delivered to the Company or to the agent of the Company who maintains the share register of the Company, together with the share certificate (if any) relating to the Shares to be transferred. The transferee must provide such evidence as the Board or the agent reasonably requires proving the title of the transferor to, or right of the transferor to transfer, the Shares.

5.7 Registration of transfer: On receipt of a form of transfer in accordance with clause 5.6, the Company must as soon as practicable enter the name of the transferee on the share register as holder of the Shares, unless:

a. the Board resolves within 10 working days of receipt of the transfer to refuse or delay the registration of the transfer, and the resolution sets out in full the reasons for doing so;

b. notice of the resolution, including those reasons, is sent to the transferor and to the transferee within 5 working days of the resolution being passed by the Board; and

c. the refusal or delay in the registration is permitted or required (as the case may be) by clause 5.8 or 5.9.

5.8 Power of Board to refuse or delay registration: The Board may refuse or delay the registration of a transfer of any Share for any of the reasons set out below:

a. the Company has a lien on the Share;

b. the Share is not fully paid up;

c. the form of transfer is not accompanied by the certificate for the Share to which it relates (if a certificate has been issued) and such other evidence as the Directors may reasonably require of the right of the transferor to make the transfer;

d. the holder of the Share has failed to comply with the terms of any contract with the Company relating to the Share; or

e. the Board considers that it would not be in the best interests of the Company to do so.

5.9 Requirement to refuse registration: The Board must refuse the registration of a transfer of any Share if clause 5.2 has not been complied with.

5.10 Transfers Approved by All Shareholders: The restrictions in clause 5.2 do not apply to any Shares that are transferred by a Shareholder to any person if the transfer is approved, in writing, by all Shareholders.

5.11 Change of control: Where a company is a Shareholder (whether solely or jointly with others) and its Shares in the Company comprise the majority of its assets then, unless clause 5.10 applies, a transfer of a controlling interest in that Shareholder (whether by one or by a series of transactions) will constitute a deemed transfer of the Shareholders’ Shares and the Shareholder shall be required to give the Directors a Transfer Notice (as that term is defined in clause 1 of Schedule 3) at the effective indirect consideration paid (or to be paid) for the Shareholder’s Shares, or, if that cannot be readily assessed and evidenced to the Board's satisfaction, the Board may substitute "fair value" for the Shareholders’ Shares as assessed by a suitably qualified independent valuer appointed by the Board.

6 TRANSMISSION OF SHARES

6.1 In the event of death, bankruptcy or winding up of a Shareholder, the personal representative, trustee, liquidator or receiver as the case may be shall give to the Board a Transfer Notice (as that term is defined in clause 1 of Schedule 3) in respect of all Shares registered in the name of the Shareholder at "fair value" for the Shares as assessed by a suitably qualified independent valuer appointed by the Board.

7 MEETINGS OF SHAREHOLDERS

7.1 Annual general meetings: An annual general meeting of Shareholders is to be held :

a. not later than 6 months after the balance date of the Company; and

b. not later than 15 months after the previous annual meeting.

7.2 Resolution in lieu of AGM: It will not be necessary for the Company to hold an annual general meeting of Shareholders if everything required to be done at that meeting (by resolution or otherwise) is done by resolution in accordance with clause 7.4.

7.3 Special meetings: A special meeting of Shareholders may be called at any time by the Board and must be called by the Board if requested by Shareholders holding Shares carrying together not less than 10% of the voting rights entitled to be exercised in any of the questions to be considered at the meeting of the Shareholders.

7.4 Resolution in lieu of meeting: A resolution in writing signed in accordance with section 122 of the Act is as valid as if it had been passed at a meeting of Shareholders.

7.5 Procedure at meetings: The provisions of the First Schedule to the Act govern proceedings at all meetings of Shareholders.

8 APPOINTMENT AND REMOVAL OF DIRECTORS

8.1 Minimum and maximum numbers: Unless and until otherwise determined by an ordinary resolution of the Company the maximum number of Directors is seven (7).

8.2 Directors: On the adoption of this constitution, the Directors are those persons named as Directors on the Company's register of directors.

8.3 Appointment of Directors:

a. HBRC shall be entitled to appoint up to seven (7) Directors to the Board of the Company (including the right to appoint and remove and nominate alternates) with three of those Directors being made up of existing Council Members (“Councillor Directors”), and three Directors who are independent of the Council (“Independent Directors”) and the Chief Executive of HBRC from time to time being appointed as a Director ex officio;

b. If a Council Member ceases to hold office during the tenure of their appointment as a Councillor Director then that person shall immediately resign and the Council shall appoint another Council Member to take his or her place.

c. All the Directors of the Company and its subsidiary companies will be required to follow best practice governance, abide by the Institute of Directors Code of Conduct and comply with relevant legislation, including the Companies Act 1993, the Financial Reporting Act 1993, the Port Companies Act 1988 and the Local Government Act 2002.

d. The Company shall not, without the written consent of the Council (through its Chief Executive) do any of the following things:

i. Alter the Constitution of the Company;

ii. Alter the shareholding so as to change the effective control of the Company;

iii. Change the name of the Company;

iv. Assign the intellectual property or any interest in the intellectual property of the Company to a third party;

v. Sell the undertaking of the Company or otherwise enter into a major transaction as defined in the Companies Act 1993.

vi. Pass a resolution with the effect of voluntarily liquidating the Company.

8.4 Shareholders may appoint Directors: Subject to clause 8.3, any person who is not disqualified under the Act may be appointed as a Director by:

a. a written notice to the Company signed by Shareholders holding Shares carrying together more than 50 percent of the voting rights entitled to be exercised on any resolution to appoint a Director; or

b. an Ordinary Resolution.

8.5 Term of appointment: A Director holds office until his or her resignation, disqualification or removal in accordance with this constitution and the Act.

8.6 Shareholders may remove Directors: Save in respect of any Director appointed under clause 8.3, any Director may be removed from office by:

a. a written notice to the Company signed by Shareholders holding Shares carrying together more than 50 percent of the voting rights entitled to be exercised on any resolution to remove a Director; or

b. an Ordinary Resolution passed at a meeting called for the purpose of, or for purposes that include, removal of the Director.

8.7 Notices of appointment or removal of Directors: Any notice of appointment or removal of a Director may be comprised in one or more written notices. The notice takes effect from the time it is served on the Company in accordance with the Act or from such later time as the notice states that it is to take effect.

8.8 Vacation of office: A Director vacates office if any of the following occurs:

a. the Director resigns by notice in writing to the Company. The notice is effective when it is received by the Company or at a later time specified in the notice;

b. the Director is removed from office in accordance with clause 8.6 or 8.7 or, if appointed in his or her capacity as a Council Member, ceases to hold office;

c. the Director becomes disqualified from being a Director under section 151 of the Act;

d. the Director becomes of unsound mind, or becomes subject to an order under the Protection of Personal and Property Rights Act 1988;

e. the Director dies; or

f. the Director has for more than 3 months been absent without permission of the Directors from meetings of the Directors held during that period and the other Directors resolve that his or her office be vacated by reason of that absence.

g. In relation to Councillor Directors, each Director is required to retire within three months following the triennial local government elections, but is eligible to be re-appointed if re-elected to the Council. Appointed councillor-directors retain their appointment at the pleasure of the Council during their term(s) as councillor up until three months, or such later date as the incoming Council may decide, to ensure effective transition from one set of councillor-directors to another, following the triennial local government elections;

h. In relation to Independent Directors each Director holds their appointment for a period of three years, retiring by rotation at the Annual General Meeting of the investment company. The initial rotation at the 2013 Annual General Meeting requiring one director to retire shall be decided by lot amongst the three independent directors appointed in 2012. Subsequently, as determined again by lot, one of two original independent directors who were first appointed in 2012 will retire at the 2014 Annual General Meeting and the remaining originally appointed director will retire at the 2015 Annual General Meeting. All independent directors may be re-appointed for one further three year term or such longer term as the Council may decide.

8.9 Shareholder notice: The Board must notify the Shareholders when a Director vacates office.

8.10 Alternate Directors (Councillor Directors): The Council may, at any time by written notice to the Company, appoint any person who is not already a Director, and who is approved by the majority of the other Directors, to act as an alternate for the Director, either for a specified period, or generally during the absence or inability to act from time to time of the Director. The following provisions will apply to an Alternate Director:

a. the appointment may at any time be revoked by written notice of the Council, and is automatically revoked when the Director in whose place the Alternate Director acts vacates office;

b. unless otherwise provided by the terms of the appointment, the Alternate Director:

i. has the same rights, powers and privileges (including the power to sign resolutions of Directors, and the power to execute documents on behalf of the Company); and

ii. must discharge all the duties and obligations,

of the Director in whose place he or she acts; and

c. every person acting as an Alternate Director shall alone be responsible to the Company for the Alternate Director’s own acts and defaults and the Alternate Director shall not be deemed to be the agent of the Director in whose place the Alternate Director acts.

8.11 Alternate Directors (Independent Directors): Any independent Director may, at any time by written notice to the Company, appoint any person who is not already a Director, and who is approved by the majority of the other Directors, to act as an alternate for the Director, either for a specified period, or generally during the absence or inability to act from time to time of the Director. The following provisions will apply to an Alternate Director:

a. the appointment may at any time be revoked by written notice of the Director, and is automatically revoked when the Director in whose place the Alternate Director acts vacates office;

b. unless otherwise provided by the terms of the appointment, the Alternate Director:

i. has the same rights, powers and privileges (including the power to sign resolutions of Directors, and the power to execute documents on behalf of the Company); and

ii. must discharge all the duties and obligations,

of the Director in whose place he or she acts; and

8.12 Remuneration for Alternative Directors: Each Alternate Director:

a. shall not, except by virtue of an agreement with the Director whom he or she represents entitling him or her to part of the remuneration which would otherwise be payable to such Director, be entitled to receive any remuneration from the Company; and

b. shall be entitled to have expenses incurred in attending meetings of the Directors and otherwise in relation to the discharge of duties reimbursed by the Company.

9 DIRECTORS’ MEETINGS

9.1 The Third Schedule to the Act relating to the proceedings of a Board does not apply to the Company. Schedule 2 of this constitution governs those proceedings.

10 POWERS AND DUTIES OF DIRECTORS

10.1 Management of Company: The business and affairs of the Company must be managed by, or under the direction or supervision of, the Board.

10.2 Exercise of powers by Board: The Board may exercise all the powers of the Company that are not required, either by the Act or this constitution, to be exercised by the Shareholders or any other person.

10.3 Compliance with constitution: Despite clauses 10.1 and 10.2, the business and affairs of the Company must be managed in accordance with the applicable provisions of this constitution.

10.4 Delegation of powers: The Board may delegate to a committee of Directors, a Director, an employee of the Company, or to any other person, any one or more of its powers, other than a power set out in the Second Schedule to the Act. In exercising the Board’s delegated powers, a delegate must comply with any requirement imposed on the delegate by the Board.

10.5 Appointment of attorney: The Company may exercise the power conferred by section 181 of the Act to appoint a person as its attorney, either generally or in relation to a specified matter. A power of attorney may contain such provisions for the protection of persons dealing with the attorney as the Board thinks fit, and may also authorise any attorney to delegate all or any of the powers, authorities and discretions vested in the attorney.

10.6 Ratification by Shareholder: Subject to section 177 of the Act, the Shareholders, or any other person in whom a power is vested by this constitution or the Act, may ratify the purported exercise of that power by a Director or the Board in the same manner as the power may be exercised. The purported exercise of a power that is ratified under this clause is deemed to be, and always to have been, a proper and valid exercise of that power.

10.7 Directors to act in good faith: A Director, when exercising powers or performing duties must act in good faith and in what the Director believes to be the best interests of the Company.

11 INTERESTED DIRECTORS AND CONFLICTS OF INTEREST

11.1 Disclosure of interests: A Director must comply with the disclosure of interest requirements of section 140 of the Act but failure to comply with that section does not affect the validity of any contract or arrangement entered into by the Company.

11.2 Interested Directors may vote: A Director who is interested in a transaction entered into, or to be entered into, by the Company may do any of the following:

a. Vote on any matter relating to the transaction.

b. Attend a meeting of the Board at which any matter relating to the transaction arises and be included among the Directors present at the meeting for the purposes of a quorum.

c. Sign a document relating to the transaction on behalf of the Company.

d. Do any other thing in his or her capacity as a Director in relation to the transaction.

e. To avoid doubt:

i. The Company will maintain a Register of Interests where the respective interests of each and every Director in other companies or business activities (whether publicly or privately owned), family trusts or public bodies as elected representative, director, owner, manager, trustee or appointed representative or agent will be recorded.

ii. Directors are required to disclose all such interests and all changes in such interests whenever they may occur, to the Company.

iii. Directors are required to declare their interests to the Board during the course of the Board’s deliberations when a director knows or believes his or her interests in other business and public activities could or would conflict with the interests of the Company.

12 DIRECTORS’ REMUNERATION AND OTHER BENEFITS

12.1 Authorisation of payment or other benefit: The remuneration of Independent Directors will be set by the Council triennially on the recommendation of the Board based on market rates. No Directors Fees will be payable to any Councillor Directors.

12.2 Expenses: All Directors will be entitled to be paid for all reasonable travelling, accommodation and other expenses incurred by the Director in connection with the Director’s attendance at meetings or otherwise in connection with the Company’s business and the Board may authorise such payments without Shareholder approval.

13 INDEMNITY AND INSURANCE

13.1 Indemnity for Directors: Every Director will be indemnified by the Company for any costs referred to in section 162(3) of the Act and any liability or costs referred to in section 162(4) of the Act.

13.2 Indemnities and insurance: In addition to the indemnity set out in clause 14.1, the Company may with the approval of Shareholders and, in the case of clause 13.2(c), with the prior approval of the Board, do any of the following:

a. indemnify an employee of the Company for any costs referred to in section 162(3) of the Act;

b. indemnify an employee of the Company in respect of any liability or costs referred to in section 162(4) of the Act; or

c. effect insurance for a Director or employee of the Company in respect of any liability or costs referred to in section 162(5) of the Act.

13.3 Duty to certify: The Directors who vote in favour of authorising insurance under clause 13.2(c) shall sign a certificate stating that, in their opinion, the cost of effecting the insurance is fair to the Company.

13.4 Interests Register: The Directors shall ensure that particulars of any indemnity given to, or insurance effected for, any Director or employee of the Company or related company, are promptly entered in the Interest Register.

13.5 Definitions: Words given extended meanings by section 162(9) of the Act have those extended meanings in this clause 13.

14 REPORTING

14.1 Annual report: Within 5 months after the end of each financial year, the Board must deliver to the Shareholders a report on the Company's operations during that year. That report must include the information required to be included by section 211 of the Act.

14.2 Statement of Intent: The Company will prepare and make available in accordance with the provisions of the Local Government Act 2002 a Statement of Intent that complies with the provisions of that Act and any regulations relevant to its preparation, content and time of filing.

14.3 Independent Audit: The Company shall be independently audited by the Office of the Auditor-General in accordance with the provisions of the Financial Reporting Act 1993.

15 METHOD OF CONTRACTING

15.1 Deeds: A deed to be entered into by the Company may be signed on behalf of the Company by any of the following:

a. two or more Directors of the Company;

b. a Director, or other person or persons authorised to do so by the Board, whose signature or signatures must be witnessed; or

c. one or more attorneys appointed by the Company in accordance with section 181 of the Act.

15.2 Written contracts: An obligation or contract, which is required by law to be in writing and any other written obligation or contract which is to be entered into by the Company, may be signed on behalf of the Company by a person acting under the Company's express or implied authority.

15.3 Other contracts: An obligation or contract may be entered into on behalf of the Company orally by a person acting under the Company's express or implied authority.

16 LIQUIDATION

16.1 Distribution of surplus: Subject to the rights of any Shareholders and to the terms on which their Shares are issued and to clauses 16.3 to 16.5 (inclusive), upon the liquidation of the Company the surplus assets of the Company (if any) are to be distributed among the Shareholders entitled to those assets in proportion to their shareholding.

16.2 Requiring payment on Shares: If any Shareholder's Shares are not fully paid up, the liquidator of the Company may require those Shares to be fully paid up before the Shareholder receives any distribution of the surplus assets of the Company in respect of those Shares.

16.3 Distribution in kind: With the approval of the Shareholders, the liquidator of the Company may divide amongst the Shareholders in kind the whole or any part of the assets of the Company (whether or not they are of the same kind).

16.4 Process for distribution in kind: For that purpose, the liquidator may:

a. attribute values to assets as the liquidator considers appropriate; and

b. determine how the division will be carried out as between Shareholders.

16.5 Trusts: With the approval of Shareholders, the liquidator may vest the whole or any part of any surplus assets of the Company in trustees upon trust for the benefit of Shareholders. The liquidator may determine the terms of the trust.

17 NOTICES

17.1 Manner of sending: Any notices, reports, accounts or documents required to be sent to a Shareholder must be sent in the manner set out in section 391 of the Act.

17.2 Notices to joint holders: A notice may be given by the Company to the joint holders of a Share in the Company by giving the notice to the joint holder named first in the Share register in respect of the Share.

18 DEFINITIONS

18.1 Definitions: In this constitution:

Term	Meaning
Act	the Companies Act 1993.
Alternate Director	a person appointed in accordance with this constitution to act in place of a Director.
Board	the Directors who number not less than the required quorum, acting together as a board of Directors.
Company	Hawke’s Bay Regional Investment Company Limited.
Council	Hawke’s Bay Regional Council
Councillor Director	a Director appointed by Council under clause 8.3(a) who holds office as a Council Member
Director	a person appointed as a director of the Company in accordance with clause 8 of this constitution.
Disposal	includes any sale, assignment, exchange, transfer, loan, lease, surrender of lease, licence or parting with possession of, or the granting of any option, right or interest, or any agreement for any of the above (but excludes any such transaction which arises in relation to a Security Interest).
HBRC	Hawke’s Bay Regional Council
Independent Director	a Director appointed by Council under clause 8.3(a) who is independent of Council
Security Interest	has the meaning set out in section 17 of the Personal Properties Securities Act 1999.
Share	a share issued, or to be issued, by the Company.
Shareholders	those persons whose names are entered in the share register of the Company as the holder of Shares.

18.2 Terms defined in Act: Terms defined in the Act have the same meaning when used in this constitution.

18.3 Interpretation: In this constitution, unless the context otherwise requires:

a. an expression referring to writing includes facsimile and electronic communications resulting in permanent visible reproduction;

b. a reference to a “person” includes any company, trust, partnership, joint venture, association, body corporate or public authority;

c. a reference to any legislation or to any provision of any legislation includes:

i. that legislation or provision as from time to time amended, re-enacted or substituted; and

ii. any statutory instruments, regulations, rules and orders issued under that legislation or provision from time to time;

d. a reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this constitution;

e. a reference to “include” or similar words does not imply any limitation;

f. a word that denotes the singular also denotes the plural, a word that denotes the plural also denotes the singular; and

g. the expression “with the approval of the Shareholders” means with the approval of the Shareholders by Ordinary Resolution.

18.4 Conflicts between the Act and this constitution: If there is any conflict between a provision in this constitution and a mandatory provision in the Act, the provision, word or expression in the Act prevails.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 14 December 2011

Subject: Representation Review

Reason for Report

1. This paper is to initiate a representation review ahead of the 2013 elections, and to provide Councillors with the three key factors that must be carefully considered by local authorities when determining their representation proposals, which are:

1.1. community of interest

1.2. effective representation

1.3. fair representation.

2. The key determinant is the proportion of representatives in each of the constituencies driven from a population perspective, which created challenges for Council’s 2006 review.

Background

3. The Local Electoral Amendment Act 2002 provides provisions for local authorities to review their representation arrangements, which are specifically covered in Part 1A (Section 19A to 19Z(1)) of the Local Electoral Act 2001 (the Act).

4. The Act required the Council to determine its representation arrangements on the first occasion, either in 2003 or in 2006, and subsequently thereafter at least once in every period of six years after the first determination. The only exception to this is where the Council has decided to introduce Maori constituencies in which case a determination in 2003 was mandatory.

5. Council decided not to introduce Maori constituencies in 2003 which meant that it was required to undertake a review of representation arrangements in 2006 and is now, 6 years later, required to review its representation arrangements for the 2013 elections.

6. The Local Electoral Act 2001 (LEA), together with the Local Government Act 2002 (LGA), specify the requirements for representation reviews.

Local Electoral Act 2001 (LEA)

7. Section 4 of the LEA contains various principles related to this Act. The principle relevant to representation reviews is that local authorities, elected officers and other electoral officials, must in making decisions under the Act adhere to the principle of ''fair and effective representation for individuals and communities''. The LEA further specifies that:

7.1. A Regional Council is to consist of not fewer than 6 members nor more than 14 members (19D)

7.2. A region must be divided into constituencies for electoral purposes and that each constituency must elect at least one member of the Regional Council.

8. In conducting the representation view a Regional Council must finally determine by resolution:

8.1. The proposed number of constituencies

8.2. The proposed name and the proposed boundaries of each constituency

8.3. The number of members proposed to be elected by the electors of each constituency.

9. In determining the requirement for effective representation and other factors in the determination of membership and basis of election of Regional Councils the Regional Council and, if involved, the Local Government Commission (the Commission), must ensure that:

9.1. the number and boundaries of constituencies will provide effective representation of communities of interest within the region

9.2. constituency boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for Parliamentary electoral purposes

9.3. so far as is practicable, constituency boundaries coincide with the boundaries of one or more territorial authority districts or the boundaries of wards.

10. When determining the requirement for fair representation, and other factors in the determination of constituencies the following must be considered.

10.1. In determining the number of members to be elected by the members of any constituency, the Regional Council must ensure that the electors of the constituency receive fair representation having regard to the population of every region or community.

10.2. Council must ensure that the population of each constituency divided by the number of members to be elected by that constituency produces a figure no more than 10% greater or less than the total population of the region divided by the total number of elected members.

10.3. However, if the Council considers that effective representation of communities of interest so requires, constituencies may be defined and membership distributed between them in a way that does not comply with the above requirement. In that instance, the Council must refer that decision to the Commission, together with the information specified in the LEA. In such an instance, the referral is treated as an Appeal (as if it were a decision against the Council) and the final decision will then be made by the Commission.

Local Government Act

11. In respect to principles contained within the Local Government Act, the following are relevant.

11.1. Section 3 which states that the purpose of the LGA is to provide a democratic and effective Local Government that recognises the diversity of New Zealand communities.

11.2. Section 10 which provides that the purpose of Local Government is:

11.2.1. To enable democratic local decision making and action by and on behalf of communities

11.2.2. To promote the social, economic, environmental and cultural wellbeing of communities in the present and for the future.

11.3. Section 14 sets out the principles relating to local authorities and includes the following provisions that a local authority must act in accordance with in performing its role. These principles include, amongst others:

14(b) A local authority should make itself aware of and should have regard to the views of all of its communities and

14(c) When making a decision, a local authority should take account of –

(i) The diversity of the community, and the community's interests within its district or region; and

(ii) The interests of future as well as current communities; and

(iii) The likely impact of any decision on each aspect of wellbeing referred to in LGA section 10.

12. It is important for all Councillors to be fully conversant with these statutory requirements as they establish the underlying principles and requirements as they relate to a representation review.

Historical Reviews

13. In addition to the statutory principles and requirements, it is also beneficial to be aware of the outcome of the representation reviews completed since the Regional Council came into existence in 1989.

14. In 1989, the Local Government Commission (LGC), when carrying out the reorganisation of Local Government at that time, determined the number of members (14), the constituencies that would exist and the numbers that would represent each. Furthermore, for the 1992 elections, there had been further amendments to the Local Government Act with decisions made for the number of Councillors for the Hawke's Bay region to be reduced from 14 to 9 again with the specifics as to what constituencies would exist and the numbers representing each.

15. Since that time, there have been four representation reviews conducted by Council with only one submission ever received on the proposals by Council, and with no referrals to the LGC prior to the 2006 review.

16. The 2006 review received 141 submissions and was referred to the LGC for determination. The Commission’s 2007 determination (attached) became Council’s current representation arrangements, which are for:

16.1. Nine councillors representing the four constituencies of Wairoa (1), Napier (3), Hastings (4) and Central Hawke’s Bay (1)

16.2. Wairoa has been identified as a ‘community of interest’ which requires a separate constituency to ensure effective representation.

Consideration of the Three Key Factors

Community of Interest

17. The term ''community of interest'' is not defined by Statute. It is a term that can mean different things to different people depending on an individual's or group's perspective from time to time. Common features of a community of interest are geography and social, economic and cultural connections, all of which contribute to the development of a shared identity. The Commission describes the characteristics of a community of interest as a ''sense of identify and belonging, the existence of support networks, similar activities, a dependence on shared facilities, physical features, history and transport and communication links.'' The Commission's guidelines also state that as a general rule, a community of interest must be able to be defined as a single geographic area.

18. The Commission has further stated in their guidelines to representation reviews that in the context of a Regional Council's representation review a territorial authority boundary might be considered as a first reference point to determine communities of interest in a regional sense. However, such a boundary may not necessarily reflect communities of interest from a regional perspective and the Council would then need to remain open to considering alternatives. There is also the requirement under Section 19 (u)(c) of the LEA to provide so far as is practicable constituency boundaries that coincide with the boundaries of one or more territorial districts or the boundaries of wards.

19. In relation to Wairoa Constituency, the Commission’s 2007 Determination (of the representation arrangements to apply for the election of the Hawke’s Bay Regional Council to be held on 13 October 2007) stated:

19.1. “We first addressed the issue of the proposed Wairoa Constituency and its non-compliance with the +/- 10% rule. After carefully considering the points raised by the Council and also those made by the Mayor of Wairoa and the Wairoa Constituency Councillors, as set out earlier in this determination, we agree that a separate Wairoa Constituency is necessary to ensure effective representation of this community of interest. In summary we agree that:

19.1.1. Wairoa has a community of interest distinct from the rest of the region, both physically and socio-economically, and this presents particular challenges for community consultation and provision of services;

19.1.2. The physical realities of the area give rise to particular issues not experienced elsewhere including hill country erosion, pressure on coastal development, pest management, transport infrastructure, biodiversity protection, wetland enhancement, flooding and other natural hazards;

19.1.3. Effective representation is most unlikely to be achieved by merging Wairoa into another constituency in order to comply with the +/- 10% rule as this would result in a very large area (70% of the land area of the region) with few commonalities of interest and still eligible for only one councillor;

19.1.4. Effective representation would be compromised in terms of both access to a councillor and representation of the diversity of the constituency; and

19.1.5. The demands on a councillor servicing an enlarged area would be unreasonable.”

20. Councillors need to discuss how they view the issue of community of interest in the Region, and decide whether any change may be necessary. The other key factors will also determine where constituency boundaries are established but as a first step this matter needs to be discussed and decided.

Effective Representation of Communities of Interest

21. The number of Councillors must fall within the statutory limits of between 6 and 14. Therefore, Councillors have an option of having anywhere between 6 and 14 Councillors representing the identified communities of interest in whatever proportion is decided. The Commission has identified several principles that can be applied when Councils are considering this issue. They are:

21.1. A recognised community of interest should not be split between electoral subdivisions

21.2. Grouping together two or more communities of interest that share few commonalities of interest should be avoided

21.3. Accessibility, size and configuration of an area should be considered – with the population having reasonable access to its elected members and vice versa

21.4. Would elected members be able to effectively represent the views of their electoral subdivision

21.5. Would elected members be able to attend public meetings throughout their area and provide reasonable opportunities for their constituents to have face-to-face meetings?

22. When considering the issue of workload, it should be recognised that this does not only relate to the operational demands of attending Council and Committee meetings, but also the demands that individual Councillors will face in order to provide effective representation and engagement.

23. This is particularly relevant when considering the number of targeted rates that the Council has in place and the matters that arise from the input from the community on such issues and matters.

24. Councillors likewise now need to decide how many Councillors they believe should effectively represent the identified communities of interest. Again, in considering this matter it is relevant to consider what has occurred over the past 23 years and in particular the last 20, when 9 Councillors have represented the communities of interest within the region.

Fair Representation

25. The key requirement is the need to comply with the basic principle of population equality unless there are good reasons to depart from it. A Regional Council can decide to not comply with Section 19(v)(ii) if it is considered that effective representation of communities of interest so requires. As previously stated, such a decision would then mean that there is a requirement to refer the proposal to the LGC for determination. This would occur whether or not there have been other referrals to the LGC on other aspects of Council's proposal. When doing so, Council is required to specifically identify its reasons for making the decision it has.

Consultation

26. After discussion on these matters, it is hoped that Council will have provided clear direction to staff to formulate a proposal that will be directly resolved and released for formal comment.

27. The process for consultation needs to be carefully considered as is allowed for under the LGA, and Councillors need to be aware that depending on the nature of any proposed changes there could be a very low level of interest and input on the matter if historical indications are anything to go by. Therefore, staff have not made a specific recommendation as to the consultation that could occur before a formal proposal is put forward because to a substantial degree it will hinge upon the extent of any changes proposed.

Summary of Decisions Required

28. Councillors need to initiate the representation review process and provide guidance to Council staff on whether they want proposals for alternative representation arrangements developed and brought back to Council for consideration.

29. The timelines for representation matters are as follows.

During 2011	Decision by local authority on whether representation arrangements review required or necessary [Secs 19H, 19I, LEA]
By Tues 28/02/12 (or earlier)	Last date to receive demand for poll on electoral systems for the 2013 elections [Sec 30 LEA] Last date to receive demand for poll on Maori representation for the 2013 elections [Sec 19ZC, LEA] Last date for local authority to resolve to hold poll on electoral systems for the 2013 elections [Sec 31 LEA] A local authority can resolve to hold poll on Maori representation at any time, but for the poll to be completed by 21 May 2012 and be effective for the 2013 elections, this date would apply [Secs 19ZD, 19ZF(3) & (5) LEA]
By Mon 21/05/12 (or earlier)	Last date to conduct poll on electoral systems for 2013 elections [Sec33 LEA] Last date to conduct poll on Maori representation for 2013 elections [Sec 19ZF LEA]
By Fri 31/08/12 (or earlier)	Local authority determines proposed representation arrangements including provision of Maori wards/constituencies if they are to be established [Sec 19H and Schedule 1A Clause 1, LEA]
By Sat 8/09/12 (or earlier)	Public notice of proposed representation arrangements within 14 days of passing of resolution under Sec 19H LEA [Sec 19M LEA]
By Mon 8/10/12 (or earlier)	Close of public submissions to proposed representation arrangements not less than one month after date of public notice [Sec 19N LEA]
By Mon 19/11/12 (or earlier)	Public submissions on proposed representation arrangements heard by local authority within 6 weeks of closing date for submissions [Sec 19N LEA] Public notice of ‘final’ representation arrangements following consideration of submissions within 6 weeks of closing date for submissions [Sec 19N LEA]
By Thurs 20/12/12 (or earlier)	Close of public appeals/objections to ‘final’ representation arrangements not less than one month after date of public notice [Secs 19O & 19P LEA]

By Tues 15/01/13 (or earlier)	Any appeals/objections/material on representation arrangements review to LGC [Sec 19Q LEA]
By Wed 10/04/13 (or earlier)	Determinations by LGC on representation arrangements review [Sec 19R LEA]
By Sat 11/05/13	Determination subject to appeal to High Court on a point of law (Schedule 5 Clause 4 LGA). Appeal must be lodged within one month of determination.

Decision Making Process

30. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

30.1. The decision does not significantly alter the service provision or affect a strategic asset.

30.2. A special consultative procedure will be undertaken as an integral part of the representation review process.

30.3. The decision does not fall within the definition of Council’s policy on significance.

30.4. Persons affected by the decisions in this paper will be the voters within the region.

30.5. Options that have been considered are detailed within this paper.

30.6. The decision is not inconsistent with an existing policy or plan.

30.7. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That Council:

1. Exercises its discretion under Section 79(1)(a) and 82(3) of the Act, and makes a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered, and the option available to the public to demand a poll under the Local Electoral Act should they choose to do so and can obtain the necessary number of signatures (5% of the electors).

2. Commences the representation review process by considering the matters raised in this paper and provides direction to Council staff on the scope of any proposals for alternatives to the current representation arrangements developed and brought back to Council for consideration.

Leeanne Hooper

Governance & Corporate Administration Manager

Paul Drury

Group Manager

Corporate Services

Attachment/s

1 View

Local Government Commission Determination, April 2007

Rugby World Cup 2011 Final Report

Attachment 1

RWC2011 – Hawke’s Bay Regional Coordination Group Final Report

This report covers the activities and results of the work of the HB RWC Regional Coordination Group (RCG) which was funded by HBRC and HB Inc (Venture HB/ HB Tourism). It covers the work streams that originate from the Host Region Agreement (HRA) between RZN2011 and the RCG.

It does not set out to cover the results and activities of the Venue Agreement nor the Host Union Agreement which were between RNZ 2011 and Napier City Council and HBRU respectively.

The Structure – The RCG was made up of representatives from the original Regional Group that constructed the Bid, HB Tourism, Sport HB, NZ Maori Tourism, Ngati Kahungunu Iwi, HBRU, Hastings District Council, Napier i-site, Napier City Council, HB Chamber of Commerce, RWC Regional Team Liaison Officer, and several individuals with an interest in, and skills useful to, the project.

Beneath that were two sub-committees, one representing Napier (Inner City Marketing, Napier City Council, Art Deco Trust) and the other Hastings (HDC, Ngati Kahungunu, HB Opera House, Hastings City Marketing, Hastings City Art Gallery, Blossom Festival).

A volunteers group was formed but soon after starting it was found to be unnecessary as most of this project was driven from RNZ2011.

Work done with Central HB and Wairoa was done by the Coordinator working directly with the CHB promotional person and Wairoa District Council.

The Regional Coordinators work streams – While the bid document did specify some responsibilities for the Regional Coordinator, much of this project developed as it went along with additional tasks and responsibilities added all the time. His critical work streams included coordination of the committees involved in RWC2011, acting as the contact/pivot point for the region across all other work streams, Team Visits, Team Welcomes, community engagement, and recreational activities, Team Training Venue Coordination, plus the role of Training Venue Coordinator during the Tournament. Also included were Coordination of the Volunteer Programme, Havingaball Festival, funding applications for RealNZ Festival, NZ2011 Business Club, schools involvement, regional promotion of activities, and Fan Zones.

Financial Result – The budget supplied by HBRC and HB Tourism was $400,000. Our part of the bid included $800,000 worth of commitments in both cash and kind, so from the beginning the HRA project looked to have the possibility of running over budget. With some careful evasion of costs, coupled with some serious ‘in kind’ assistance from Napier City Council the threat of overrun was averted and the project should end with a small surplus of approx $12.5k.

The costs associated with preparing the bid document were substantial, and initially were not planned to be part of the $400k RCG budget. However as the financial turmoil of HB Inc unfolded in 2010 this cost was transferred to the RCG budget, a move that put significant pressure on the RCG and its operation.

Hastings District Council also had a fund which was largely used to support Hastings-based events and activities. A contribution from this fund towards the cost of street flags does appear in the RCG budget, however the majority of it was controlled by HDC outside the RCG budget.

The Matches – These were staged very successfully with only minor issues that will no doubt surface in the NCC de-brief with RNZ2011. We saw a full stadium for both matches with a wonderful atmosphere that impressed even the most cynical locals. Visitors were rowdy and colourful, but almost always carried a great attitude. The city and the venue were both pleasant, vibrant places to be.

The Visiting Fans – While RNZ2011 has been selective with the ticket sales data they have released, the information we have been given indicates that, over the two sold out matches –each with 14000 seats available
47% (6580)of tickets were purchased by locals,
24% (3360)by domestic visitors, and
29% (4060)by overseas visitors.

The visiting fan was
            - Predominantly male (therefore generally deficient in the shopping gene)
            - Often travelling with other males in a ‘road trip’ configuration.
            - Boisterous but nevertheless generally well-behaved – here to have a party.

This profile meant that the majority of fans took the lower-cost campground/campervan option to travel around, spent most of their money on travel, food and drink, and some tourism activities. They came first and foremost to watch rugby or, between matches, to travel like a regular tourist.

Over the period of the Tournament, Napier i-SITE reported a $100K increase in business compared to last year as well as 10,000 more people through the i-SITE.

Hastings i-SITE Visitor Centre recorded an increase of 29% with operator bookings 76% higher than the same period last year.

Hawke’s Bay showed early signs of tournament success with August Commercial Accommodation Monitor (CAM) figures up 15% to 57 027 versus August 2010. International guest nights were up 10.9% to 8089 with Domestic visitor nights increasing by 15.7% to 48 938. Overall occupancy rose from 20.9% to 25.9%.

The September CAM (compared to September 2010) shows Hawke’s Bay guest nights up 18.1 percent to 68,270 with international guest nights up 121.8 percent to 22,097 and domestic guest nights down 3.5 percent to 46,173. The average length of stay fell from 1.86 nights to 1.81 nights, the overall occupancy rate rose from 25.1 percent to 29.2 percent, and the occupancy rate, excluding holiday parks, was 44.4 percent.

At the upper end of the market many of the top end accommodation providers were full, plus a number of wineries reported strong sales during September. However a number of accommodation providers applied minimum stays, surplus charges, and held off taking early bookings in the hope that the gold rush would come later. This did not eventuate and this strategy appears to have worked against them.

While there is no plan to pursue an economic impact report for this region, some national figures make interesting reading – especially when it comes to the supporters of the teams that visited Hawke’s Bay – with Japan, France, and Canada supporters out-spending those from Ireland and South Africa.

According to a Visa survey, visitor expenditure during the month of September totaled $168 million. Of this Australians provided $58.2 million, visitors from the UK $28.4 million, the US $14 million, France $12.6 million, Canada $5.3 million, Japan $4.8 million, South Africa $4.2 million, Germany $4 million and Ireland $3.6 million.

Fanzones – The original plan was to stage one fanzone outdoors in Hastings. However 9pm kick-offs (weather and temperature always a possible problem), the cost of sourcing a screen and other infrastructure required, plus the costs of meeting the stringent RWC branding requirements quickly put it outside our ability to fund. Then add in the fact that approx 5 local free-to-air and pay channels would also be carrying the semi-finals and final live, it became clear that this plan was not practical.

Instead fanzones were planned in Wairoa, Napier, Hastings and Waipukurau using cinemas or theatres.
Wairoa – Gaiety Theatre,
Napier – Municipal Theatre,
Hastings – HB Opera House,
Waipukurau – Civic Theatre.
This had the happy bonus of spreading some of the tournament activity around the region. Napier’s fanzone was fully funded from the RCG budget, and we made a grant of $3k to each of the other fanzones with local Council’s agreeing to pick up the rest of the costs.

Fanzone Attendance
                                 Sept 24         QF1                   QF2                      QF3        QF4     SF1         SF2         B/Final                                 Final
Wairoa                   214                N/A                   N/A                      215        N/A     N/A        220        N/A                                  320
Napier                    N/A                N/A                   N/A                      N/A        N/A     135        210        N/A                                  440
Hastings                 650                 N/A                   N/A                      N/A        N/A     240        280        N/A                                  800
CHB                         220                 53 combined      130 combined       30          172     30                         285

Training Venues – The 3 teams that visited HB had the following venues assigned for their use. Bluewater Hotel, Te Pania Hotel, Ocean Spa Pool complex, Pettigrew Green Arena Gym, Onekawa Pool complex, City Fitness Gym Ahuriri, NBHS Gym, NGHS Gym, Regional Sports Park. Tremain Field and Napier City Rovers Field. Having all available at all times was a challenge, especially when teams may, at the last minute, choose not to use them.
Daily changes of schedules from the teams meant it was a continual struggle to keep everyone happy. Requirements such as keeping Napier Old Boys Marist out of their clubroom for 15 days across this busy rugby period(a requirement of the use of their field as a training venue) led to some tension, but the end result was very positive with all teams departing the region giving positive comment. (Keiran Crowley, Canada Coach gave the region “10 out of 10”).

Team Community Engagement – The 3 teams to visit HB took part in the following community engagement activity.

France: Stay= 3 days – Airport Welcome/short Powhiri. Attended Mayoral Cocktail Party, attended Blossom Parade.
Canada: Stay= 15 days - Airport Welcome/short Powhiri. Attended Mayoral Cocktail Party, attended Blossom Parade, 2 open training sessions, visit to HB Hospital, visits to 4 primary schools, informal visit to NGHS.
Japan: Stay=6 days - Airport Welcome/short Powhiri. Offered a last minute school visit, but after arrival pulled out.

In addition the Japan Team Management attended a function at Craggy Range Winery complete with Maori blessing.

Havingaball and RealNZ Festivals – The local Havingaball Festival featured 50 different events. The promotion support from RCG consisted of a social networking campaign that started 18 months before the tournament, the production of 2000 printed programme booklets, 50,000 map/pads to be handed out by the RWC Volunteers, plus an extensive ad campaign on Radio Network Stations as a part of their sponsorship of the Havingaball Festival.
Over-arching this was the RealNZ Festival – the nationwide festival that funded a number of the local events as well. There were 14 local events that shared $275,000+ from a Lotteries Commission pool of $9M+.

Major local contributors to the Havingaball Festival were
- Central Hawke’s Bay with the Lamb Festival
- Ngati Kahungunu with Rugby Hangi and Haka Festivals as well as Takitimu Festival, Waiata Maori Music awards plus involvement in several of the Fanzones. The Iwi reported good support particularly for the Rugby, Hangi ,Haka festivals.
- Art Deco Trust with 9 different events.

Generally the local events were well organised and well run. However many found that the support from the visiting rugby fan was below their expectations. The ones that were most successful were those that drew on local support rather than the RWC visitor.

NZ2011 Business Club – This was an initiative that attempted to connect local business people with incoming RWC fans who were in the same business sector with the aim of connecting them through rugby so that a business relationship might develop. Locally 10 events or activities were registered with NZ2011 - two of these events were comprehensive ‘Showcase’ events put together by Deborah Jack from NZ2011. There was significant input from NZTE locally as well. Invitations to our events were sent out by NZ2011 to targeted incoming business people.
The response to the invitations was extremely poor and this resulted in all events being cancelled with the exception of one group of four from Argentina who want to view Wallingford Historic Farm in CHB, and one other single French person wanted to do wine tasting at Lime Rock.
Across the country results have been weak and, like Hawke’s Bay, had events cancelled. The strongest performers nationally have been the business initiatives at the ‘Cloud’ on Auckland waterfront.

Regional Promotion and Marketing
The following signage was used:
- Billboard in the entrance to HB Airport
- Hawke’s Bay’s “Ball logo” on the 3 highway signs at Titiokura, Takapau, and Morere;
- Hawke’s Bay’s “Ball logo” on 3 of the 7 “Welcome to Hastings’ signs.
Other promotional activity included:
- Hawke’s Bay Tourism hosted over 100 international media in Hawke’s Bay both prior to and during the Tournament.
- Hawke’s Bay Tourism had a representative in the media centre at McLean Park to assist media with stories beyond their rugby brief.
Hawke’s Bay Tourism in conjunction with the Great NZ Wine Trail ran a ‘Conga Line’ promotion that encouraged visitors to travel from Wellington, through the Wairarapa to Hawke’s Bay as part of the Wine Trail. There were 2500 promotional maps distributed to RWC fans in Wellington.
- The region, the matches and the activities locally were promoted through an 18 month long extensive social networking campaign which revolved around a blog at www.havingaball2011.com and connected out from there to facebook, twitter, Bebo, MySpace, and a series of on-line rugby forums in UK, Canada, South Africa, and more. The blog attracted a peak of 1100 unique visitors per month.
A major part of this campaign consisted of a daily watch on 34 different news services/blogs/forums with regular comment/contributions where applicable.
A comprehensive RWC page which also included a full listing for the Havingaball Festival was established on the regional web site www.hawkesbaynz.com .

Marketing within Hawke’s Bay
From 24 months before the Tournament stakeholders and those who registered via the blog received update newsletters every two months. From 100 days out HB Tourism drew in the Tourism sector and newsletters became a once a week publication.
Napier Retailers put together the concept of dividing the retail centre into quarters each supporting one team (Canada, Japan, France, NZ) with appropriate activities in each quarter across a two week period including the local match dates. This made the city look and feel strongly engaged with the Tournament.
Hastings retailers developed a “Ball” costume character which was seen widely around the region during the Tournament, as well as holding a “Havingaball’ retail promotion later in the Tournament.
Central Hawke’s Bay anchored their activities around the Lamb Festival and the fanzone at the Civic Theatre.
Wairoa had the George Nepia Exhibition at the Museum, a Rugby Haka and Hangi Festival and they also embraced the fanzone enthusiastically.
Hawke’s Bay Tourism generated a regular series of press releases to local media to keep the public informed.
The Radio Network was the major sponsor of the Havingaball Festival and provided a significant amount of advertising time over 8 weeks to promote the 50 events that made up the festival.
The original RCG Concept of a 10 metre high grass ball on Marine Parade failed to materialise because of some technical issues, so at the last minute the Rugby Rampage concept was adopted. This inflatable rugby game was located on Marine Parade outside the Masonic Hotel for all 6 weeks of the Tournament. The only exceptions were
- Rainy days (if it gets too wet it becomes mouldy and rather smelly)
- A day in Dannevirke at the Rugby Hangi & Haka Festival
- A day at Te Aute at the Rugby Hangi & Haka Festival
- Two days In Hastings at different events.

The Rugby Rampage was a great success as it drew a lot of attention and many photos, as well as providing the opportunity to have your photo taken as you crossed the try line and then to send the photo on to your social network platforms – adding to the viral promotion of the activity, and the region. The Rugby Rampage also served an important role as the one visible activity that was present all through the Tournament which clearly illustrated that Hawke’s Bay was fully celebrating being a part of RWC2011.

The Rampage asked for a gold coin donation to the Jarrod Cunningham Trust and finally raised $3385 which was donated to the Trust.

Volunteers
This part of the project had its frustrations along the way, but the end result was excellent.
The target volunteer count was 320 and we reached 231 after extensive advertising and interviewing.
The email-based system used to communicate with volunteers was flakey at best and resulted in a number of dissatisfied volunteers who just could not get what they needed at the time they needed it.
Approx 160 of the 231 were employed in and around McLean Park on match days with the remaining 71 employed as ambassadors in the street, VIP drivers, and Airport Greeters. The people who offered to be volunteers were of a very high standard and provided a wonderful resource during the Tournament. Pam Ryder from Napier i-site was employed to manage the volunteers working outside the Park, and Chris Kitto from HBRU managed the workforce inside the park. This team of trained volunteers has the potential to become a significant resource for the region going forward.
Volunteer centres were established at
1. Mclean Park while the matches were on, and
2. Napier City Council Cafeteria – this was in place across the entire Tournament.
Uniforms were provided by RNZ2011 and food was also shipped in on a daily basis to feed the workers. However some local requirements meant rostering a few extra shifts in October and the food was provided by the RCG.
One further outcome of the Volunteer programme is that HBRFU now has a database of 40 volunteers to assist with Ushering and Evacuation wardens during any home game for S15 and ITM Cup 2012.

VIP, Media, and Team Transport
This unit was almost completely controlled by RNZ2011. The vehicles and volunteer drivers worked from a wool store on West Quay. The operation ran very smoothly with only minor issues to be resolved.

Legacy Items
There are some obvious legacy items for the region from RWC2011

- A new grandstand at McLean Park

- Several upgrades to infrastructure at McLean Park

- A pool of trained and enthusiastic volunteers

- Several events that received funding from RealNZ Festival and may subsequently be viable longer term events for the region.

- The experience and knowledge that preparing this Tournament brought to those involved. This will no doubt enhance our ability to be a part of future international events (FIFA 2015?)

- First Impressions on-line training programme. Once the Volunteers training was complete, the basis of the programme was re structured and made available free-of-charge as a training tool for people who meet the visitors face to face.

- The visiting fans showed us how to support teams and to celebrate good sport.

Schools Programme
The Schools Programme was largely driven by RNZ2011 with a lot of curriculum-approved material circulated to schools. On a local level, with the help of SportHB, the RCG engaged schools with the visiting teams by way of school visits, open practice sessions, support for France and Canada in the Blossom Parade, and using the Rugby Rampage as a school outing and competition.

The Learnings
Much of the RCG work was focused on visitors and the reaping of benefit for the region from these visitors. Many people (including those who put together the bid document) will have been working with a mental picture of hordes of campervans hauling over the horizon on their way to swamp our region and overstretch our infrastructure. This turned out to be incorrect.

Firstly, 95,000 visitors is just less than 1.5 times the capacity of Eden Park. That many visitors spread out over the 11 match regions over a 6 week period provides a significant increase in visitor numbers but one that is completely manageable.

Campervans. There are approx 6000 campervans in NZ. Divide by 11 match regions and we could expect to see, at most, 545 in our region at any time. i-sites report that we have capacity for 800+. Therefore no need for the development of extra capacity.

The number of tickets sold to international and domestic visitors for each of the HB Matches was 5000-6000. This is a visitor count similar to Art Deco or Mission Weekend - both of which we cope with on an annual basis. The development of extra infrastructure was not necessary.

The profile of the visitors (in ‘The Visiting Fans’ above) dictated just which sectors would benefit from their presence and which wouldn’t. It was never going to be a ‘shooting fish in a barrel’ exercise for everyone who wanted to sell something. Spending time to get a clear understanding of the visitor profile would be of great help in planning future tournaments of this type.

It also became clear that the NZ2011 Business Club and the Festivals around the Country rather over-anticipated the visitors’ keenness to become engaged. They had come to watch rugby and holiday, so these other activities were some way down their list of priorities.
In between their match commitments they travel the country as regular tourists – attracted to specific regions mostly by the image, activities, and attractions that are there 365 days a year. The festival events planned for the Tournament were generally further down their list.

A Tournament of this type has very strict requirements and on many occasions activities planned were stymied by the rules governing use of the brand or any association with it. The Major Events Management Act also had a similar effect. We had to learn to work within those rules – resisting them or fighting with them proved to be a waste of time.

Recommendations for the Future

If the region is to be involved in similar events in the future there are several perspectives that need to be taken into account from the very start. From RWC2011 these are the key learnings.

· Get a realistic estimate of numbers who are likely to attend the region for the Tournament.

· Understand their profile of these visitors. Time and effort put in to the understanding of this profile will be very valuable throughout the project.

· Getting this accurate ‘mental picture’ is very important when it comes to
1. Selecting the bid/coordination group. While it is politically wise to have representatives from all sectors, the diverse interests of each person lead to an environment where creative and over-ambitious planning can easily take place. It is also a very difficult environment to take the more conservative stance in an attempt to reign in the expansive thinking. A smaller group with a predominance of those who will actually run the nuts and bolts of the Tournament seems, at this time, to be the best. This is the group that MUST have the mental picture clear and consistent.
As an example of creative and over optimistic planning, the Hawke’s Bay bid to RWC2011 promised that Hawke’s Bay would present “international standard” concerts at both Church Road and Black Barn Wineries with “funding through ticket sales”. Great ideas but way beyond our financial means, and dependant on a much bigger visitor count than was realistic. We managed to extricate ourselves from this commitment.
2. Preparing the bid document. An overly optimistic view can lead to the bid containing promises that become quite expensive to deliver.
3. Getting the local community to understand the size/shape of the event that is about to happen. Everyone has an opinion as to how this event should run, and the more outspoken can become quite frustrated if it follows a different plan and express their concern loudly. This needs front-footing and a lot of work and time spent “spreading the Gospel” to get everyone to understand the plan and the realistic expected results.

__________________________________________________________________________________

From a personal point of view this has been a challenging, sometimes frustrating, always invigorating learning experience. The end result has been a remarkable Tournament with great matches, plus visitors from all over the world who have shown us how to support our teams and how to take a great attitude with you as you travel. It has been good for our region in many ways. It has delivered the kind of result makes it all worthwhile and very satisfying.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 14 December 2011

Subject: Annual Plan Progress Report for First Five Months of 2011/2012 From 1 July 2011 to 30 November 2011

Reason for Report

1. This Annual Plan Progress Report is a full report and covers the first five months of the 2011/12 financial year ending 30 June 2012.

Summary of Financial Position to 30 November 2011

2. The actual result covering the Council’s general funded operations for the first five months of 2011/12 is a surplus of $632,265. This compares with the Annual Plan budget deficit of $309,314 and a reforecast deficit of $308,314 for the full year.

3. The $1,000 decrease in the forecast deficit arises from Council’s decision to proceed with the Tutira manuka honey forestry proposal. Biosecurity staff time has been transferred from general funded activities to this activity, which is funded by the Sale of Land Reserves.

4. Commentary on financial results to 30 November 2011, together with various financial commentaries is contained in Attachment 1.

Comment on Financial Results for Five Months to 30 November 2011

Groups of Activities

5. A narrative report of actual performance against the performance targets contained within the published 2011/12 Annual Plan forms Attachment 2.

6. This report establishes that the net expenditure on groups of activities for the first five months is 39% of forecast, as against an equal monthly pro-rata comparative of 42%. The comparative figure for the five months to 30 November 2010 was 38%.

7. Strategic Planning shows a net expenditure of 36% of budget. Actual expenditure is 42% of forecast, with income showing at 53% of forecast. The reason behind the higher than pro-rata income percentage is due to $160,000 of funding from the Ministry for the Environment being received for the development of National Environmental Monitoring Standards, of which there have yet to be any costs incurred. Costs for this project are expected to fully match the income received by the end of the financial year.

8. Land Drainage and River Control shows a net expenditure of 51% of forecast. While expenditure in Land Drainage and River Control is running at the expected pro-rata percentage, the costs for Westshore Coastal Works have been 100% incurred with the income contribution of $70,000 from Napier City Council yet to be invoiced.

9. Regional Resources shows a net expenditure of 33% of budget. While expenditure in most sub-activities is running below the pro-rata percentage, income is running at a lower percentage giving the impression that net expenditure is in line with expectations.

9.1. In Land Management, expenditure on regional land care grants (projects 380 and 383) is 29% of forecast, but will be fully utilised by year end.

9.2. In Water Management, expenditure is running at 34% of budget. Most water management programmes commence in late spring / early summer. Staff expect that by May 2012 these programmes should be complete and on budget.

9.3. In Coastal Management, the Coastal Water Quality programme (Project 331) has been delayed to staff unavailability. It is likely that around $35,000 will need to be considered as a carry-forward into 2012/13 so that the programme can be completed.

9.4. Most work planned to be carried out in Gravel Management is seasonal in nature and will be undertaken by contractors over the summer period. A $100,000 project designed to provide a better understanding of river sediment transport mechanisms has just commenced and will be completed by NIWA during this financial year. Staff expect all work to be completed by year-end within budget.

10. Regulation shows a net expenditure of 52% of budget. Actual expenditure is 41% of forecast, with income showing at 28% of forecast. The lower than forecast pro-rata percentage for income is a result of the differing invoicing methods for Consent and Compliance activities. Consents activities are invoiced throughout the year whereas Compliance activities are generally invoiced at the end of the financial year. Compliance income is not accrued throughout the year because it is difficult and time-consuming to do so, which explains the lower than forecast pro-rata percentage for income.

11. Biosecurity shows a net expenditure of 37% of re-forecast. Actual expenditure is 37% of forecast, with income showing 41% of forecast. The Plant Pest Control and Bovine TB Regional Vector Control projects are progressing in line with net expenditure expectations with only Animal Pest Control lagging behind. These costs are expected to come in to line with budget expectations by the end of the financial year.

12. Emergency Management shows a net expenditure of 26% of budget. The budget includes costs to set-up a Group Emergency Coordination Centre based in Hastings, however, invoices for these costs have not yet been received. It is anticipated that this project will be completed by year-end within budget. Costs in relation to Flood Warning System activities are also below pro-rata expectations but are expected to meet budget expectations by year-end.

13. Transport shows a net expenditure of 80% of budget. Expenditure related to progress on the Heretaunga Plains and Wider Region Transportation Studies has not been matched with NZTA funding resulting in a higher than pro-rata net expenditure position. The study is expected to be completed in the next two months and once completed the remaining income will be invoiced and matched against the expenditure.

Operations Group

14. This group is showing a surplus of $168,511 for the five months to 30 November 2011. The surplus earned on services provided to the Council’s flood and drainage schemes will be distributed at year end as a credit to those schemes. In regard to the surplus on external activities, after the payment of outstanding creditors, it is anticipated that at year-end $100,000 in surplus will be achieved which will be available to Council for funding general funding activities.

Regional Income

15. Total regional income receipts represent 42% of forecast for the first five months, as against a pro-rata of 42%. Accordingly receipts from regional investment are tracking well against budget.

General Funding for Capital Projects

16. The general funding requirement for capital projects is $97,115 or 22% of budget.

16.1. Land Drainage and River Control projects are only 26% of budget. Flood and River Control Works in the Heretaunga Plains is behind budget because a $150,000 forecast land purchase in Clive has not yet progressed and only 10% of Sawfly Remediation loans that are scheduled for repayment during the 2011/12 financial year have been repaid at 30 November 2011. In addition, significant capital work is scheduled for the Karamu, but is seasonal in nature and has recently begun.

16.2. Staff expect that all work will be completed as budgeted by year-end.

16.3. Regional Resource projects are 25% of budget. Work on the Council-owned Wetlands and Lake Tutira Country Park is carried on the summer months and has only recently commenced. Staff expect that all planned work will be complete by year-end on budget.

Heatsmart Progress Report

17. The following is an update on progress made in the allocation of Clean Heat grants and loans, and loans for insulation as part of the Heatsmart programme.

	2009 - 2010		2010 - 2011		2011 - 2012 July - November		Programme Total
Insulation Loan	150	$291,536	221	$429,593	126	$199,237	497	$920,365
Clean Heat Loan	97	$260,935	143	$384,501	60	$147,168	300	$792,604
Clean Heat Grant	33	$20,533	133	$81,674	54	$32,870	220	$135,077
Totals	280	$573,004	497	$898,767	240	$379,275	1,017	$1,848,046

18. An additional 117 applications are currently being processed.

Non-recoverable Costs of Consent Appeals and Direct Referrals to the Environment Court

19. For the year to date costs for appeals and referrals to the Environment Court have amounted to $67,854. This includes staff time and external costs.

20. The most significant appeal related costs this year are likely to arise from the Twyford appeals. HBRC has engaged NIWA to provide expert support for the Twyford appeals and this will add up if the appeal proceeds to the Environment Court. The contract has been set in stages so that it can be stopped if the appeal is resolved. A mediation meeting was held on 2 November 2011 but this was inconclusive. The appellants wish to engage consultants to do further work before deciding whether to proceed with the appeal.

21. The Opoutama appeal has been resolved in favour of the applicant and consistent with the HBRC decision. It is anticipated that Affco and Mexted appeals are close to being resolved. However the Affco appeal continues to require some expert input to finalise the conditions.

22. Costs can be sought through the Environment Court and we will be looking to recover costs by this approach where appropriate.

23. The following table summarises costs for appeals and referrals for 2010/2011 and for the 2011/2012 year to date.

Appeal Summary As at 30 November 2011
Appeal Name	Date of Council Approval to Defend Appeal	Estimated Cost of the Appeal as Advised to Council	Actual Costs of Appeal (Appropriate Years)			Comments
Appeal Name	Date of Council Approval to Defend Appeal	Estimated Cost of the Appeal as Advised to Council	2010/11	2011/12 to date	Total to date	Comments
Opoutama (402-102)	Wed 16 Feb 2011	Noted $5,000 - $10,000 if mediated, significantly higher if not mediated	$24,432 (external) $35,317	$13,160 (external) $26,729	$62,046	Appeal resolved 11 Aug 2011- upholding HBRC’s decision. A Court hearing was required. Appeal was not able to be mediated.
Twyford / Raupare (402-109)	Wed 25 May 2011	Noted $150,000.00 on similar appeal	$412 (external) $22,506	$9,647 (external) $26,729	$49,235	Appeal ongoing – mediation held on Nov 2 2011. Agreed to allow consent to commence. Appellants to initiate study and advise by East 2012 if they wish to continue appeal. Legal and consultant costs will accrue this year.
AFFCO	Wed 23 Sept 2009	Not estimated	$64,095 (external) $81,321	$18,256 (external) $20,918	$102,239	Appeal ongoing – differences are close to being resolved. But Environment Court to set further mediation dates if required.
Mexted, Williams & Malherbe (402-051)	Thurs 10 June 2010	Not estimated	$6,431 (external) $8,366	$389 (external) $557	$8,923	Appeal ongoing – Environment Court scheduled and deferred, may be settled by consent order. Have received advice that a revised proposal is due.
Mahia Waste water Disposal (402-060)	Thurs 17 March 2010	WDC were expected to pay all costs	$131,176 (external) $151,131	$3,763 (external) $4,001	$155,132	Direct referral to the Environment Court. Ongoing discussions on recovery of these costs, WDC unwilling to bear costs.
Total external costs			$226,546	$45,215	$271,761
Total costs			$298,641	$67,854	$368,495

Balance Sheet

24. Public Equity, which reflects the net value of all the Council’s assets and liabilities, has fallen by $1,069,000 or 0.26% since the beginning of the year.

25. Non-current property, plant and equipment, intangible assets and infrastructure assets have increased by $3,985,000 due mainly to work in progress on the Ruataniwha Water Augmentation Investment, Forestry Investments and drainage projects.

26. Investment property has decreased by $4,163,000 since the beginning of the year due to the sale of 41 leasehold endowment land properties.

27. Trade receivables have increased since the beginning of the year by $11.4 million with the invoicing of rates demands in October but are $431,000 less than 12 months ago due to lower outstanding consent and compliance bills.

28. Borrowings have decreased by $276,000 due to scheduled repayment of loans. No loan draw downs have occurred this year.

29. Trade and Other Payables have decreased since the beginning of the year by $4.6 million as year-end invoices and accruals have been paid.

30. Income in advance shows a significant movement of $6.8 million since the beginning of the financial year due to the accrual of rate revenue in advance after the issue of rates invoices for the year in October.

31. Total Cash, Cash Equivalents and Financial Assets (summarised on the Financial Summary page) show a slight increase of $432,000 since the beginning of the year due to the sale of 41 leasehold endowment properties off-set by the cash demands of Council during the opening five-month period.

Cash Reserve Investments

32. The average rate of interest being earned on liquid investments is currently 4.90%. This rate is higher than the average rate of 4.63% at 30 June 2011 and lower than the rate assumed in the 2011/12 Annual Plan of 5.0% for both short and long-term bank investments.

33. The pie chart entitled “Allocation by Institution” shows the percentage of Council investments placed with various institutions. Council policy requires that no more than 25% of investments be placed with any non government–guaranteed institution of groups of associated institutions.

Decision Making Process

34. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That Council receives the Annual Plan Progress Report for the first five months of the 2011/12 financial year be received.

John Peacock

Corporate Accountant

Paul Drury

Group Manager

Corporate Services

Attachment/s

1 View	Financials and Commentary
2 View	Groups of Activity Summary Narratives

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will provide effective pest management programmes that improve regional biodiversity and economic prosperity	Hectares of rateable land kept at low possum numbers. Low possum numbers means no more that 5 possums caught per 100 traps set out at night	Years 1 – 10 - Cumulative Rateable Land kept at low possum numbers: June 2009 – 820,000 ha June 2010 – 830,000 ha June 2011 – 840,000 ha June 2016 – 1,000,000 ha Year 7 - By 2016 all rateable land will be kept at low possum numbers (total rateable land in Hawke’s Bay = 1,000,000ha)	There are currently 24,434 ha that will be included into PCAs in the 11/12 financial year. At 30 June 2012 a total of 891,658 hectares of rateable land will be kept at low possum numbers. This comprises 491,658 ha of Possum Control Areas (PCA’s) and 400,000 of Animal Health Board (AHB) vector control operations.
	The number of active rook nests treated annually across the region	Years 1 – 10 – Monitoring shows active rook nest numbers below 300 and trending downwards north of SH5 Years 3 – 10 - There is a downward trend in active rook nests south of SH5	A total of 59 active nests were aerial treated across the eradication zone north of SH5 compared to 92 in the 2009/2010 financial year. A total of 824 active nests were aerial treated across the control zone south of SH5 compared to 905 in the 2009/2010 financial year.
	Response time to rabbit complaints/enquiries Responsiveness to properties identified with rabbit populations over McLean Scale 4	Years 1 – 10 - An initial response is given within 5 working days of receipt of each rabbit related complaint/enquiry Years 1 – 10 - A management plan is prepared within four months for each property identified with rabbit numbers above McLean Scale four.	A total of 13 rabbit enquiries have been followed up with to date. All enquires have been responded to within 5 working days of receiving their initial call. McLean Scale four indicates that there are pockets of rabbits with signs and fresh burrows very noticeable. Two properties have had rabbit management plans prepared.

Groups of Activity Summary Narratives

Attachment 2

Activity 3 - Levels of Service Provision and Performance Targets – Plant Pest Control Programmes (Project 350)

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will provide effective plant pest management programmes that improve regional biodiversity and economic prosperity

Routine inspection by staff of areas infested with plants controlled under Council’s Regional Pest Management Strategy

Years 1 – 10 - All known infestations of ‘occupier responsibility’ total control plant pest sites are visited annually

All known ‘service delivery’ total control plant pest sites are visited annually and plants controlled

Years 1 – 4 - All known Privet sites will have been visited and controlled by June 2013

The land around all known infestations of total control plants is inspected at least three yearly

Years 1 – 10 - All areas of high potential risk are visited annually and checked for possible new plant pest incursions

A total of 900 visits have been made this year on total control plant pest properties. Of these 462 were urban visits.

Total Control Service delivery visits and control have been undertaken on Spiny emex and White edged nightshade by Council officers. Control work has been completed by contractors for Nassella tussock.

The urban Privet programme continues to perform well with a total of 109 properties having had Privet removed by the contractor or council staff.

A full delimiting survey has been carried out for Purple Ragwort in the Te Mata Peak area and all known Blue passionflower in the Taradale area were visited and controlled. Also inspections have been carried out on land around known infestations of total control plants, as time has allowed.

All known high risk sites continue to be visited annually to check for possible plant pest incursions. A total of 10 Earthmoving machines were inspected after being washed down.

Levels of Service Provision and Performance Targets - Pest Management Strategies (Project 389)

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will develop regional pest management strategies that improve biodiversity and economic prosperity

Maintain a current Regional Pest Management Strategy

Years 1 – 3 - Review the current Regional Pest Management Strategy (RPMS) and publish a proposed reviewed RPMS) by 30 November 2011

There are a number of initiatives underway to assist with the proposed review of the Regional Pest Management Strategy (RPMS). These include a regional goat stakeholder working group, and initiatives associated with identifying effective long term management strategies for argentine ants.

The Regional Pest Management Strategy (RPMS) discussion document has been released. The proposed reviewed RPMS and Regional Phytosanitary strategies have been prepared.

Undertake research to quantify and/or increase the economic, biodiversity or animal/human health benefits of pest control

Years 1 – 10 - Undertake at least one research initiative annually

There is one research project that is currently underway using Envirolink or Council funding.

GROUP OF ACTIVITY: EMERGENCY MANAGEMENT

Activity 1 - Hazard Identification (Projects 711, 715)

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will identify, assess and promote awareness of hazards with the risk potential to cause a Civil Defence emergency event so that the regional community is better prepared	Percentage of surveyed residents that are aware of hazard risks & can identify earthquake, flooding, and tsunami as major hazards in Hawke’s Bay	2009-19 - Awareness of earthquake, flooding/heavy rainfall and tsunami hazard risks show an increase over time Specific target >50% of residents can identify tsunami as one of the region’s major hazards by 2018. As measured in a three yearly survey	The last regional survey in 2008 asked residents to identify hazard risks to their livelihood: · 94% identified earthquake · 60% identified flooding/heavy rain · 34% identified tsunami Survey planned in Sept 2011 was postponed by HBRC due to reprioritisation of funding
	Number of hazards research projects commissioned each year	2009-19 - At least one new research project commissioned each year	Two hazard projects commissioned this year: · Tsunami Mapping for Wairoa (completed) and Central HB · Review of access to and use of scientific & hazard information to identify best practice and application in HB in the future ·
	Satisfaction of Territorial Authorities and professionals involved in land use planning decision making with the quality, format & relevance of hazard information supplied	2009-19 - All Territorial Authorities and planning professionals are satisfied with the quality, format and relevance of the hazard information supplied/available as assessed by an evaluation and feedback form	A survey undertaken by staff in June 2011 resulted in 67% of the respondents rating the quality of hazard information from the HBRC as excellent, very good or good, while 33% gave no response. 83% said the information was relevant.
	HB Engineering Lifelines authorities are satisfied with the quality, format & relevance of hazard information supplied	2009-19 - HB Engineering Lifelines authorities are satisfied with the quality, format and relevance of the hazard information supplied/available as assessed by an evaluation and feedback form	Engineering Lifelines will be reactivated in 2012 now the Civil Defence and Emergency Management Group resource has increased.
	Percentage of area mapped for flood hazard, including the impact of climate change	Up to date flood hazard information available for high risk community areas 2009/10: 91% 2010/11: 93% 2011/12: 95% 2012-19: 100% Up to date flood hazard information available for lower risk community areas 2009/10: 10% 2010/11: 20% 2011/12: 30% 2012-19: 40%	Napier, Hastings, Wairoa and Porangahau have up to date flood hazard information. Coastal inundation (tsunami) hazard mapping has been completed for Te Awanga/Haumoana to Tangoio. The target achieved was 96.9% From the priority list of smaller communities hazard information was prepared for Tangoio and Whakaki. The target achieved was 20.2%. Note that climate change effects have not been completed in all the above pending future work on rainfall / flow predictions in another project.

Activity 2 - Flood Warning System (Projects 718, 719)

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We provide reliable warning of flooding from the region’s major rivers to at risk communities, namely the Wairoa, Tutaekuri, Ngaruroro and Tukituki Rivers	Percentage of time that priority telemetered rainfall and river level sites are operational throughout the year	Percentage of time that priority telemetered rainfall and river level sites are operational throughout the year 2009/10 95% 2010/11 95% 2011/12 95% 2012-19 98% average for all key sites	The percentage of time the priority sites were operational is recorded together with causes of any breakdowns. The operational time was 98.4% for key sites and 97.9% for all sites, for the period which is a good result indicating that the system is reliable with good back-ups of essential equipment.
A flood forecasting system is available on the web to advise the community on likely rainfall and flooding	Percentage of the region covered by a flood forecasting model	Percentage of the region covered by a flood forecasting model 2009/10 50% 2010/11 50% 2011/12 60% 2009-19 75%	The area covered to date by the flood forecasting models includes the Wairoa catchment, Ngaruroro, Tutaekuri and Tukituki . These are all large catchments and represent more than 50% of the catchments that would benefit from a flood forecasting model.
		2009-19 - No decrease in model performance	The model performance is good; it is a useful tool. Predicting the amount of rainfall and where it will fall is where the greatest error will occur.
	Age of information available on web during storm events	2009-19 - no change	Currently this is only updated for an event that exceeds a 20% AEP (1 in 5 year event).
	Peak flood forecast river flows agree within 25% of the actual flows	2009-19 - no decrease in performance	There has been good agreement to date and sound advice has been able to be passed on to emergency managers, particularly in the Wairoa region.

Activity 3 - Emergency Response Management (Projects 710, 713, 720)

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will prepare to ensure our response to a (Civil Defence) emergency is coordinated, appropriate, effective and efficient	Implementation of Corrective Action Plans following region wide exercises	2009-19 - Maintain three yearly exercise programmes Corrective Actions that the Council has responsibility for are implemented in accordance with the Corrective Action Plan	Exercise programme is being maintained and reviewed including commitment to Exercise ShakeOut - a national, multi-agency exercise led by the Ministry of Civil Defence & Emergency Management scheduled for Sept 2012. The new Group Emergency Control Centre (ECC) based in Hastings is being fitted with necessary IT & support systems – expected to be fully operational by the end of 2011.
	Level of support provided to the HBCDEM Group in directing and co-ordinating personnel and resources for response and recovery operations	2009-19 - Maintain Plans and SOP’s and ensure Group ECC can be ready for operation within 6 hrs of event *2011/12 –* Appoint a fulltime Group Controller and provide additional support to Wairoa and Central Hawke’s Bay	Plans and Standard Operating Procedures (SOPs) for Group ECC operation based in Napier maintained. A complete review and update of SOPs was last completed June 2011. New SOPs are to be developed for the new Hastings site in early 2012. New fulltime Group Controller appointed along with 2 new full-time staff members each based in Wairoa and CHB respectively.
	Established Emergency Management Plan including training, procedures and Business Continuation Plan (BCP) Maintain the Council emergency management and civil defence capacity with the capability of effectively responding to an emergency event and operate an effective 24 hour Duty Management service	2009-19 - Maintain established Teams, training programmes, EOC, Manuals, and Business Continuance Plan in accordance with HBCDEM Group Plan	Civil Defence and Emergency Management Teams maintained with 5 new staff inducted in the Council’s emergency requirements. Manuals maintained. Business Continuance Plan was last reviewed, updated and approved by Executive May 2011. Current versions on Intranet.
	24 hour Duty Management response system with capacity to scale up for emergency response	2009-19 - 24 hour Duty Management response system with capacity to scale up for emergency response is in place	24 hour duty management response system with capacity to scale up for emergency response is in place with 277 calls logged to date. 108 warnings or watches of severe weather or other hazardous events have been received year to date and have been effectively and efficiently managed including 2 Kermadec Tsunami alerts in July & October and a storm/snow event July 2011.
	Adopted HB Civil Defence and Emergency Management (HBCDEM) Group Plan and a Marine Oil Spill Plan are in place	2009-19 - Operative Plans for HBCDEM and Marine Oil Spill are maintained	Operative plan for HBCDEM maintained. A review of this plan has commenced. HB Marine Oil Spill Plan last updated August 2010. 2 oil spill incidents have been responded to year to date. Members of the HB Oil Spill Response Team have also provided support to the Tier 3 Rena Oil Spill Response in Tauranga during October & November. This will be ongoing into 2012 as the clean up continues.
As a member of the HBCDEM Group we will encourage people to be prepared so that community resilience is enhanced	Percentage of surveyed residents prepared to cope for at least three days on their own	2009-19 90% residents have enough food stored for three days and had some way of cooking without electricity 75% have enough water stored As measured by three yearly survey	Survey results in 2008 showed: 96% had enough food stored, with 92% having some alternative way of cooking without electricity. 55% had enough water stored not including water in their hot water cylinders. The next HBRC survey planned for September 2011 was postponed due to funding reprioritisation. Nevertheless a national Ministry of CDEM survey in July 2011 showed 66% of NZers had taken steps to prepare themselves or their household, up from 44 percent last year, with the main reason being greater awareness created by the Canterbury earthquakes.

GROUP OF ACTIVITY: GOVERNANCE AND COMMUNITY ENGAGEMENT

Activity 1 – Community Partnerships

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will work toward mutually beneficial partnerships with Maori in order to jointly explore sustainable economic opportunities in Hawke’s Bay, understand the drivers and desired outcomes of Treaty settlements involving management of natural resources and to actively engage on resource management matters in general.

Level of service agreement in place with Maori entities

2009-12 – At least three agreements in place with Maori entities associated with either sustainable economic development initiatives or natural resource management

2009: Agreement in place with Te Taiwhenua o Heretaunga for the establishment of a Community Development Unit, whose purpose is to

1. Support various/hapū in their role as kaitiaki .

2. Coordinate the ongoing identification and prioritisation of Maori development needs and aspirations.

3. Facilitate the integration of Maori strategic priorities into regional development strategy

4. Support implementation of regional development strategy within the capacity of the unit.

5. Provide liaison, advisory and consultancy services to local government and marae/ hapū, in accordance with the RMA and LGA.

The Taiwhenua provides regular written and verbal reports updating progress towards these goals.

2010: Council signed an agreement with Ngati Pahauwera to ensure liaison around gravel management in the lower Mohaka River.

2011: Council and a number of the Treaty claimant groups within Hawke’s Bay have agreed the Terms of Reference for a joint Regional Planning Committee as the most appropriate model of co‑governance for natural resources management within the region.

We will deliver some community sustainability and environmental education objectives through strategic partnerships with community based organisations

Level of service agreements in place with community based organisations

2009-12 – Agreements have been signed with at least three strategic partner organisations

2009-19 – Council continues to work in partnership with community based organisations to progress the Council’s strategic goals

Council continues to work with a range of community based organisations as its operational partners. Agreement are in place in 2011/12 with:

· Sustaining HB Trust ($30k)

· HB Cultural Trust ($30k)

· EcoEd Trust ($30k)

· Creative HB ($20k)

· HB Coastguard ($8k)

· Te Mata Park Trust Board ($25k)

We will contribute to supporting regional activities which benefit the community’s social, cultural, economic and environmental wellbeing.

Evaluation of, and make decisions on which regional projects to support.

2010-12 – Provide assistance of $330,000 to support the hosting and events of the Rugby World Cup in Hawke’s Bay.

Payments to Rugby World Cup:

· 2009/10 - $100,000

· 2010/11 - $80,000

· 2011/12 - $141,000

We will contribute to supporting the development of Regional Public Infrastructure projects.

Evaluation of, and make decisions on which Regional Public Infrastructure projects to support.

2009-12 – Determine which Regional Public Infrastructure projects will be supported from the $5.6m contestable fund.

2009/10 - $500,000 paid to assist the Waipawa Town Hall development.

2010-12 - $2,500,000 approved in each of the years to cover assistance to the Hawke’s Bay Museum and Art Gallery, and the velodrome at the Regional Sports Park. $100,000 approved in 2010/11 for the Helicopter Trust.

2013-19 – a further sum of $7.9 million subject to annual plan rolling reviews has been allocated to the contestable Regional Public Infrastructure projects.

Contestable fund for 2009-12 has been increased to $5.5M with a corresponding reduction in 2013-19 to $4.9M

$500,000 paid in 2009/10 for Waipawa Town Hall development.

$100,000 paid to the Helicopter Trust during 2010/11.

$1,250,000 paid to Hawke’s Bay Museum and Art Gallery during 2010/11.

We will engage with key resource users and environmental groups so that both parties understand the impacts of resource management initiatives on business and environmental concerns

Meetings held in accordance with agreed schedules

2009-19 – Meetings held in accordance with agreed schedules

Meetings are held with a range of resource users and environmental groups both formally and informally, and separately and as part of wider groups.

To date in 2011/12 formal stakeholder meetings have been held with HBDHB, Pan Pac (twice) and Hawke’s Bay Fruit Growers’ Association.

Activity 2 - Community Engagement & Communications

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will communicate with the community so that they understand the roles and responsibilities of the Council	% awareness of regional community	2010/11 – 65% of residents surveyed aware of Council’s roles and responsibilities 2013/14 – 70% 2017/18 – 75%	The survey is not being undertaken in 2011/12
We will help people get information that they need to make informed sustainable decisions	% of community satisfied with the information available for sustainable decision making	2009-19 - Targeted information packs developed for frequently requested information or key strategic or environmental issues 80% of people requesting information satisfied with quality, usefulness and timeliness of the information received as measured through feedback forms
We will provide opportunities for communities to enjoy, care for, become involved in and learn about sustaining our environment	% of businesses, schools and communities who have participated in council supported educational opportunities that rate their involvement as satisfactory or higher	Percentage of businesses, schools and communities who have participated in Council supported educational events that rate their involvement as satisfactory or higher 2009/10 75% 2010/11 80% 2011/12 80% 2013-19 80%
We will engage with key stakeholders so that they are aware and informed on issues that may impact on them and their businesses	% of Stakeholders satisfied that they were adequately informed on issues that may impact on them and their business	2009-19 - Percentage of stakeholders satisfied with quality of engagement 2009/10 70% 2010/11 80% 2012–19 90%

Activity 3 - Response to Climate Change

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will increase the community’s resilience to climate change	The Council’s corporate total annual Greenhouse Gas emissions measure in carbon dioxide equivalents (including Port of Napier Ltd)	2009-19 – Reduce corporate (excluding Port of Napier Ltd) carbon emissions from 2005/06 by: - 10% by 2014 - 20% by 2020 - 30% by 2050	Framework to measure corporate emissions is in place, with data collected to report after the end of each financial year.
	Number of sectors through which Council promotes / influences reduction in carbon emissions and adaptation to climate change	2009-12 – Increase sectors through which the Council is promoting / influencing reduced carbon emissions and sustainability - At least two investments providing an economic return resulting in sustainable use of regional resources included in the Council’s investment portfolio - Establish a process for monitoring and reporting regional carbon emissions with the first report completed by 30 June 2012 2013-19 – Continue to increase the Council’s influence in initiatives to improve regional resilience to the impacts of climate change - Continue to update and report regional carbon emissions at least every 3 years	Regional afforestation project is being developed and will be consulted on as part of HBRC draft LTP 2012/22. This project has multiple objectives of encouraging sustainable farming practice and reduced soil erosion. This investment will result in increased area of forest.
	The number of areas (where water demand exceeds availability) investigated for water harvesting opportunities	2009-12 – At least three areas completed to prefeasibility stage. Ruataniwha Plains area completed to feasibility stage 2013-19 – Areas investigated as identified by the Regional Water Demand and Availability Study	Ngaruroro Water Storage project completed to prefeasibility stage, with further work to be completed on on-farm economics to determine if the project will proceed to the full feasibility phase. Ruataniwha Water Storage project progressing through the full feasibility phase, which is due for completion by 30 June 2012.

Activity 4 - Community Representation & Regional Leadership

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will provide to the community a channel for representation through elected members and Iwi representation to enable access and influence on Council decision making	Councillors’ attendance at monthly Council and Committee meetings achieving at least 90% attendance of elected and appointed members	2009-19 – Attendance rate of 90%	Attendance rate of 96% for 9 Council meetings and 84% for 14 Committee meetings held over this period.
	Attendance at Maori Committee meetings	2009-19 – Attendance rate of 80%	Attendance rate of 82% for 3 Committee meetings held over this period.
	10 Year Plan/Annual Plan consultation during April and May with the final report being adopted by the Council by 30 June	2009-19 – Consultation and submission period of at least 30 days	Draft LTP 2012-22 currently being compiled.
	Comply with the provisions of the Local Electoral Act 2001	2009-19 – Hold Council Elections Complete the basis of membership of the Council.	Elections held in October 2010. Council has resolved to notify the public of its decision not to create Maori constituencies for the elections to be held in 2013. It is proposed that at its meeting on 14 December 2011, Council will resolve to undertake a constituency review for the 2013 elections.
We will provide the Community with an opportunity to influence Local Government activities/ agenda	Facilitate and complete the revision of Community Outcomes	2011/12 – Complete revised Community Outcomes by December 2011 Changes in legislation no longer require a formal review of community outcomes. It is considered that the current outcomes remain relevant.	The requirement to report on community outcomes was repealed in the Local Government Act 2002 Amendment Act 2010.
We will aim to maximise Local Government effectiveness and efficiency	Facilitate and report on Local Government efficiency	2009/10 – Report completed by June 2010 Report now scheduled for 2011/12	Review of efficiency exercises were completed covering the Regional Council’s, Corporate Services and External Relations divisions. This Council is currently considering the recommendations set out in the McGredy Winder & Company report titled “Hawke’s Bay Local Authority Shared Services”. At its meeting on 20 September 2011 Council approved the following efficiency and effectiveness studies to be completed: · Opportunities for and value of inter-regional Council and Central Government collaboration. · How the Hawke’s Bay economy might be further diversified etc. · The role that Local Government in Hawke’s Bay plays in enabling socio-economic development and/or impeding it. This is a study to be carried out in consultation with all Council’s in the region.

Activity 5 - Investment Company Support

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will provide support services to the proposed Investment Company (if approved) and to any associated subsidiaries of the Investment Company.

A number of Board meetings to be supported by Council staff.

· Provide support for the Board meetings of the Investment Company and subsidiaries.

· Finalise the Statement of Corporate Intent.

The establishment of an Investment Company was approved by Council on 29 June 2011. It is anticipated that the governance/constitution/ statement of objectives/transfer of assets relating to the Investment Company will be adopted at the Council meeting on 14 December 2011.

It is proposed that the Investment Company will commence operations on 1 February 2012.

GROUP OF ACTIVITY: LAND DRAINAGE AND RIVER CONTROL

Activity 1 - Flood Protection and Drainage Schemes (Projects 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299)

Levels of Service Provision and Performance Targets – Heretaunga Plains Scheme

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will maintain an effective flood control network that provides protection from frequent river flooding to communities and productive land within the Heretaunga Plains Scheme

The level of protection in technical terms is to convey a flood discharge with a 1% probability of being exceeded in any one year (1%AEP) safely to the sea

A full assessment of the capacity and integrity of flood control works is completed every six years by a chartered professional engineer with interim audits undertaken annually

The level of service will be reported as:

· Kilometres and percentage of floodway that provide the design level of service

· Kilometres and percentage of river edge that are at no more than low risk of failure

2009-12 - Review of the current level of service (LOS) provided by the Scheme to determine whether they are still appropriate or should be increased

2009-12 - No change

2019 - increasing to 100%

· A report to Council in August 2011 outlined the prior year’s work, the economic analysis and options. Recommendations were to develop and refine the options, consult with the public over the preferred option with cost implications to be included in the LTP 2012-22. Preparation for this is progressing.

· There is 111.2 km of stopbank in the HP Scheme. Currently the design Level of Service (LOS) (1%AEP capacity) is provided.

· There is 192.7 km of river berm edge protection. Current assessment is that 95% are at no more than a low risk of failure. The rivers in some areas are recovering from sawfly damage, hence the downgrading.

We will maintain an effective drainage network that provides protection from frequent flooding from smaller watercourses to communities and productive land within the Heretaunga Plains Scheme

A full assessment of the capacity and integrity of the drainage network within each drainage catchment is completed every three years by a chartered professional engineer with interim audits undertaken annually

2009-12 - Review the current level of service provided by the scheme and determine new level of service measures and targets

2013-10 - To be defined by the level of service review

The Level of Service (LOS) review for the drainage network is programmed to begin once the bulk of the review for the rivers is complete. This is programmed to begin in the 12 calendar year.

We will protect and enhance scheme riparian land and associated waterways administered by the Council for public enjoyment and increased biodiversity

The level of service will be reported as the length of scheme riparian land enhanced. (Each side of a waterway measured separately)

2009-19 - 0.5km of riparian land enhanced a year (on average)

2009-12 - Review the current level of service provided by the Scheme and determine new level of service targets

14 km of river berm was enhanced with native and exotic tree species in the 2010/2011 planting season.

An Ecological Management and Enhancement plan is progressing for the Tutaekuri River. This plan together with the Ngaruroro plan completed in 2010/11 will form the Level of Service (LOS) for the future management of the rivers and are being incorporated into the AMPs and AM Contracts.

Levels of Service Provision and Performance Targets – Upper Tukituki Scheme

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will maintain an effective flood control network that provides protection from frequent river flooding to communities and productive land within the Upper Tukituki Scheme

The level of protection in technical terms is to convey a flood discharge with a 1% probability of being exceeded in any one year (1%AEP)

A full assessment of the capacity and integrity of flood control works is completed every six years by a chartered professional engineer with interim audits undertaken annually

The level of service will be reported as:

· Kilometres and percentage of floodway that provide the design level of service

· Kilometres and percentage of river edge that are at no more than low risk of failure

2009-12 - Increasing to 98%

2013-19 - increasing to 100%

· Review of the current level of service provided by the Scheme to determine whether they are still appropriate or should be increased.

· A Level of Service review that looks at population change and economic benefit will begin at the completion of the Heretaunga Plains Scheme review.

· There is 76.8 km of stopbank in the Upper Tukituki Scheme. Currently 95% the current design LOS (1%AEP capacity) is provided.

· Some reaches remain with reduced free board (distance between design flood level and the top of the stopbank) and they will be addressed in the LOS review.

· There is 212.2 km of river berm edge protection. Current assessment is that 95% are at no more than a low risk of failure. The rivers in the Upper Tukituki Scheme suffer some flood damage from time to time or are under repair with young vegetation; hence the downgrading.

We will protect and enhance scheme riparian land and associated waterways administered by the Council for public enjoyment and increased biodiversity.

The length of Scheme riparian land enhanced (each side of a waterway measured separately)

2009-12- 1.5km of riparian land enhanced a year

2013-19

· to be determined by Stream Ecological Valuation (SEV) programme and level of service review

· Review the current level of service provided by the Scheme and determine new level of service targets

2.8 km of river berm are part of the 2010/2011 enhancement of native and exotic tree species.

An Ecological Management and Enhancement plan for the Tukituki River will commence once the Tutaekuri Plan is complete.

Levels of Service Provision and Performance Targets – Other Designated Schemes (Projects 275-01 to 275-10, 277, 278)

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will maintain an effective flood control and drainage network that provides protection from frequent flooding to communities and productive land within designated Scheme areas

These Schemes include:

· Makara Flood Control

· Paeroa Drainage

· Porangahau Flood Control

· Ohuia – Whakaki Drainage

· Esk River

· Whirinaki Drainage

· Maraetotara

· Te Ngarue

· Kopuawhara Flood Control

· Poukawa Drainage

A full assessment of the capacity and integrity of flood control works is completed every six years by a chartered professional engineer with interim audits undertaken annually

The level of service will be reported as:

· Percentage of assets that provide the design level of service

2009-12 - No change

2013-19 - 98%

Current Levels of Service are being achieved across the smaller schemes. Levels of Service vary across the schemes, depending on their purpose. Estimated to be operating at 95% or higher after allowing for periodic flood damage.

Kopuawhara suffered damage in the April Floods and significant repair work is required to bring the scheme back to pre-flood protection standard. Council agreed in November how this work would be funded.

We will protect and enhance scheme riparian land and associated waterways administered by the Council for public enjoyment and increased biodiversity

The level of service will be reported as the length of Scheme riparian land enhanced (each side of a waterway measured separately)

2009-12 - No change

2013 - 19 - to be determined by SEV programme and level of service review

· No specific enhancement of the riparian land has been carried out or is planned. The Stream Ecological Valuation work and LOS review is necessary to identify areas where such enhancement will be beneficial.

Activity 2 - Investigations and Enquiries

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will be available to provide expert advice on drainage, flooding, and coastal erosion issues	All queries are dealt with by appropriate qualified and experienced staff	2009-19 - No change	Many flood, drainage and coastal queries are handled by staff.
We will provide up to a 30% subsidy for river control and flood protection where the criteria set out in the Council’s guidelines for technical and financial assistance are met	Value of subsidies provided annually	2009-19 - $40,000 of subsidy money is provided each year at a subsidy rate of 30%	Subsidy of $40,000 is expected to be allocated by 30 June 2012.
We will provide a consultancy service for drainage, flooding, and coastal erosion issues according to individual project agreements on a full cost recovery basis	Costs are recovered	2009-19 - Full costs of any consultation work are recovered	An arrangement for the provision of river engineering and asset management advice has been entered into with Gisborne District Council. This arrangement has required an additional rivers engineer to be employed.

Activity 3 – Sundry Works (Projects 261, 263, 264)

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will ensure that the beach at Westshore has erosion checked to 1986 extents (The 1986 line was the extent of erosion before beach renourishment commenced. This line is identified on a series of posts along the foreshore)	The comparison of annual beach cross section surveys to the 1986 extent of erosion	2009-19 - Erosion does not extend landward of the 1986 line	The annual nourishment project is successful in holding the Westshore coastline seaward of the 1986 measurements. The 2011/12 renourishment work has been completed.
We will maintain river mouths so that they do not flood private land above a specified contour	Incidences of flooding of private land above levels as specified in the River Opening Protocol	2009-19 - Private land above a specified contour is not flooded as a result of a river mouth being closed	There have been no reported incidences of private land flooded as a result of a river mouth being closed.
Where appropriate, we will make public access available to the Council owned land associated with flood control and drainage schemes and encourage and facilitate development of improved recreational amenities	Number of sign posted vehicle accesses provided Km of pathway constructed and maintained on Council owned land	2009-19 - All 40 vehicle access areas will be maintained in accordance with the Asset Maintenance Contract (this includes rubbish collection, mowing, fencing etc) 2009-19 - To be defined by level of service review but dependent on Rotary Pathways Trusts	· Vehicle access areas are regularly maintained and signposted and are frequently used by the public.

GROUP OF ACTIVITY: REGIONAL RESOURCES

Activity 1 – Land Management

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will encourage land uses and land use practices that:

· are appropriate to the environmental constraints of any given site;

· reduce negative, and produce positive, offsite impacts (including to water bodies and biodiversity);

· provide social and environmental benefits;

So that land is sustainable for future generations.

Percentage of properties within eight focal catchments/areas implementing plans to enhance environmental and economic function and performance.

Focal catchments include: Taharua (Mohaka sub-catchment) Class IV ^{^[2]} flats, Class VIe, VIIe Hills, total area 14,400 ha;

Huatokitoki (Porangahau sub-catch) Class VI, VII, total area 10,500ha);

Maraetotara (Class VIe, 13,000 ha);

Pouhokio (Class Ve, VIe, 4200 ha.)

Additional focal catchments /areas to be considered:

· Ruataniwha Basin

· Aropaoanui (Class Vie, VIIe)

· Waikare (Class VIe, VIIe)

Percentage of property owners within individual focal catchments /areas actively engaged in dialogue:

2009/10 20%

2010/11 40%

2011/12 60%

2013-19 60%

Percentage of property owners within individual focal catchments/areas actively implementing plans

2009/10 0%

2010/11 0%

2011/12 20%

2012/13 40%

2014-19 60%

Taharua - 100%. 4 main landowners in this catchment. All actively engaged through community group. Taharua Stakeholder group involves regular communication with 34 people who represent interest groups in the catchment.

Huatokitoki - 85%. 24 landowners. Catchment subject to a research project aimed at realising the potential of a summer dry/erodible hill country landscape by working across economic, social and environmental domains.

Maraetotara - 45%. Total of 93 landowners. Objective to covenant and fence the riparian margin of Maraetotara Stream.

Pouhokio - 65%. Total of 22 landowners with land area over 6 hectares.

Taharua - 100%; 37 km of fencing undertaken and 33 ha of harvested conservation area replanted. Council working closely with all landowners. Esplanade strip agreement registered on the title of one property to permanently protect 17km of riparian fencing. Another esplanade strip agreement currently in progress.

Huatokitoki - 85%, 4 well supported meetings held and research is underway.

Maraetotara - 22%, Council encourages landowners to fence and covenant riparian areas through RLS and supports Maraetotara Tree Trust to plant those areas – 3 new covenants proposed this year.

Pouhokio - 27% Council uses RLS grants and one-on-one advice to work with land owners to improve water quality in this priority catchment. No further grants approved in 2010/11.

Hill Country Erosion sustainable Farming Fund project (Wairoa District) for:

· Ruakituri

· Hangaroa

· Whakaki

· Kopuawhara

Percentage of property owners within each of the four catchments actively engaged in dialogue:

2009/10 20%

2010/11 40%

2012/13 60%

2014-19 60%

Percentage of property owners within each of the four catchments actively implementing plans

2009/10 0%

2010/11 0%

2012/13 20%

2013/14 40%

2014-19 60%

Ruakituri 90%

Hangaroa 0%

Whakaki 100%

Nuhaka/Kopuawhara 80%

Hangaroa expected to commence 2011/12 financial year in conjunction with Gisborne District Council. Ongoing contact with most landowners in other catchments.

Communication continues through a page on Council’s website. 5 newsletters and 6 field days are planned during the year.

Ruakituri 40%

Hangaroa 0%

Whakaki 80%

Nuhaka/Kopuawhara 60%

These catchments are part of a Ministry of Agriculture and Fisheries (MAF) funded project to encourage farmers to improve economic and environmental performance on hill country. A number of field trials are used to demonstrate methods of improved practice.

Hectares of Class VIIIe land in retirement or forestry

2010/11 - 100% Class VIIIe land in retirement or forestry

Majority of Class VIIIe land in Department of Conservation (DoC) estate and therefore retired.

We will work with landowners and community groups to protect biodiversity and enhance the environment of coastal dune systems and riparian margins

Number of community groups working in coastal and riparian margins

Number of community groups engaged and actively implementing the protection and enhancement of riparian margins and coastal dune systems:

2009/10 - 12

2010/11 - 13

2011/12 - 14

2013-19 - 15

Coastal Groups – (6 Groups) Whakaki (includes wetlands), Mahanga, Waimarama 1 & 2, Pourerere, and Porangahau. Council facilitates work programmes, meetings, planting days, and supports works through Regional Landcare Scheme grants.

Riparian Groups –(4 groups) Maraetotara River, Pouhokio, Huatokitoki, Taharua (see first performance target comments). Activity is demonstrated through covenants and riparian planting projects.

Urban Groups – (3 groups) Karamu Stream, Harakeke Stream (Plantation Drain) and Old Tutaekuri River Bed. These are all actively engaged in waterway enhancement works.

We will increase our knowledge of the region’s land, soil and terrestrial habitats so that they can be managed sustainably for future generations

Development and monitoring of pressure, state and response indicators

2010/11 - Develop and monitor indicators for soil erosion, riparian enhancements, changing land use, farm inputs by Dec 2011

Indicators are being developed and monitored as follows;

Erosion – Plans for measurement of sediment loads in selected rivers and erosion modelling of specific catchments is underway.

Riparian enhancement – working in conjunction with land management to monitor water quality and biodiversity of new areas of riparian protection is underway.

Land use change – derived from latest GIS data and supported by ground proofing.

Farm inputs – supported by ‘overseer’ and consent data is underway. A comprehensive nutrient leaching model (including overseer outputs) has been developed for the Taharua catchment. Similar work for the Ruataniwha is under development.

Terrestrial habitats – An extensive aerial, ground and GIS survey of the Karamu and Tukituki catchments has been undertaken (final reports due September 2011). This includes Herpetofauna, avian and indigenous flora) and identifies areas of significance for resource management.

Regional baseline hill country erosion monitoring

2009-19 - Regional baseline erosion monitoring report completed by Dec 2011

Erosion monitoring repeated and report completed by June 2016, contingent on major regional storm event

A combination of monitoring techniques are being investigated that can be used in conjunction with the new ‘kiwi image’ satellite imagery being made available to Hawke’s bay Regional Council (HBRC). This will lead to a baseline erosion monitoring report for the region by Dec 2011.

Catchment-scale modelling and monitoring:

Taharua/Upper Mohaka Ruataniwha/Tukituki (Land Use intensification).

Catchment-scale monitoring of Huatokitoki

2009-12 - Catchment models developed for Taharua and Ruataniwha (and reports).

2011/12 - Start monitoring in Huatokitoki

Currently nutrient contaminant transfer model has been developed for Taharua with Ruataniwha model to be completed by late 2011. Scenario modelling to determine acceptable nutrient levels to meet instream values has been developed for Taharua. A refinement of the model’s assumptions is now taking place to reflect the instream standards. The instream values for nitrogen levels have now been set to test the model against river changes.

Ruataniwha scenarios will be completed in late 2011.

Monitoring weir design has been completed and weir expected to be installed when flow conditions permit.

Groups of Activity Summary Narratives

Attachment 2

Activity 2 – Activity 2 - Air Management

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will have adequate knowledge on the level of air pollutants that may impact on public health and aesthetic values so that we can manage air quality for human health needs and aesthetic values

State of the Environment monitoring programme for:

· air quality

· climate

2009-19 - Monitoring undertaken in accordance with the Regional Air Quality Monitoring Strategy

2009/10 - 3-yearly review of AQMS

2010/11 - Revise airshed modelling

2009-19 - Report on exceedances of the National Environmental Standards in accordance with the standard

Continuous monitoring of PM₁₀ was undertaken in the Napier and Hasting airsheds with results reported monthly. PM₁₀ screen monitoring commenced in Waipukurau in 2011.

The AQMS 3 yearly review was disrupted by staff changes but began late 2010 and was completed in 2011.

Airshed modelling commenced in the 2010/11 financial year and will be completed in 2011/12.

All exceedances of the NES in the Napier and Hastings airsheds were publicly notified in accordance with NES requirements.

Emissions Inventory

2009/10, 2011/12 and 2015/16 - Complete inventory updates

An emissions inventory update was completed in 2010. A review of the NES has meant compliance in the Napier and Hastings airsheds has been extended to 2016 and 2020 respectively. Proposed updates to the inventory have been revised to align with these dates.

We will provide financial assistance for healthy homes

Number of clean heat systems installed under financial assistance programme

2009-19 – 1,500 ‘clean heat’ systems installed under the Council’s financial assistance programme each year

2009-19 – Provide loan assistance to homeowners region wide for insulation of homes under Council’s financial assistance programme.

Target was revised to the completion of 800 insulation and clean heat financial assistance packages under Council’s heat smart programme in 2011/12.

The target for HBRC grants and loans for 42% of the year is 333; actual is 357 with 117 currently being processed.

Details	2011 – 12 July - November		Programme Total
Insulation Loans	126	$199,237	497	920,365
Clean Heat Loans	60	$147,168	300	792,604
Clean Heat Grants	54	$32,870	220	135,077
Total	240	$379,275	1017	1,848,046

Activity 3 - Water Management

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will increase our knowledge of the region’s water resources in terms of quantity, quality and habitats so that a policy framework can be developed to sustainably manage the water resources within Hawke’s Bay.	State of the Environment monitoring programme for: - Climate - River flows - Groundwater levels - Surface water quality - Groundwater water quality - Aquatic ecosystems	2009-16 - Establish 1 climate station a year 2009-19 - Monitoring undertaken in accordance with State of the Environment monitoring strategy 2011/12 - Upgrade rainfall sites
	Knowledge available to inform environmental flow and allocatable volume review of the following river catchments and groundwater basins: Tukituki River; Ngaruroro River; Karamu Stream; Tutaekuri River; Ruataniwha Plains ; Heretaunga Plains	2010/11 - Groundwater Allocation report - Ruataniwha Plains, Heretaunga Plains 2011/12 - Environmental flow and Allocation Reports for: - Tukituki River, Ngaruroro River, Karamu Stream, Tutaekuri River
	Knowledge available to inform review of water quality objectives and guidelines	2010/11 - Review of water quality guidelines and objectives completed and reported
	Knowledge available to manage nutrient inputs to rivers	Report on Nutrient limits: 2009/10 - Tukituki River, Taharua River 2010/11 - Ngaruroro River
We will increase our knowledge in terms of potential regional water demand and availability and how it is valued so that we can strategically plan for regional economic, social, cultural and environmental benefits	Regional Water Demand /Availability study Regional Water Values study	2010/11 - Regional Water Values study completed 2011/12 - Regional Water Demand/Availability study completed
We will encourage efficient and effective water use to maximise the benefits of the water allocated	Number of active water user groups	2010-12 Water User Groups established and facilitated
	Number of consent holders with water meters operating using telemetry or web/text systems	2011/12 – 400 consents are telemetered or using web entry system 2012/13 – 677 consents telemetered or using web entry system 2013/14 – 1000 consents telemetered or using web entry system 2014/19– 1200 consents telemetered or using web entry system	The role out of the new water metering web/text water use web page has been well received by consent holders, with 495 web users and another 86 consents reporting there water use via telemetry. Recent development of the web page, allows users to monitor not only there water use, but also minimum flow river levels associated with their consent. The Ngaruroro user group are now able to see not only their individual water use, but also the cumulated volume used by all the consent holders on the Ngaruroro. Combined with the river levels, this provides a useful tool that will lead to better management of both water use and river levels.

Activity 4 - Coastal Management

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will measure water quality at key recreation sites and make the results available to ensure public health and safety	Recreational water quality monitoring Programme and website management	2009-19 - Weekly monitoring of key recreational sites as per recreational water quality monitoring plan Swimsafe information available on website within 2 days of results being available
We will continue to monitor and investigate coastal processes to improve planning for climate change and natural hazards	Annual coastal monitoring and investigation programme for: beach profiling storm surge monitoring sediment transport coastal inundation	2009-19 - Annual monitoring and investigation programme completed and reported each year	Coastal monitoring and investigation is carried out on the region’s beaches throughout the year. This work is reported annually. The 2011 report is programmed to be completed early in 2012.
We will increase our knowledge of the region’s coastal resources in terms of water quality, sediment quality and ecology so that we care able to assess the effects of future activities on the coastal environment	State of the Environment monitoring programme for: nearshore water quality sediment quality estuarine ecology hard and soft shore ecology	2009-19 - Monitoring undertaken in accordance with SOE Monitoring Strategy (2006)
	Identification of freshwater/ saltwater transition zone in the region’s rivers	2009-19 - Freshwater/saltwater transition zones identified in 5 rivers a year

Activity 5 – Gravel Management

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will monitor and manage river-bed sediment to ensure flood protection schemes work as expected	River surveys (3-6yearly) show all scheme rivers have sufficient capacity The average riverbed level where gravel is extracted is managed within +/- 200mm of the design grade line No incidences of erosion or flooding as a result of undesirable gravel levels	2009-19 - No decline in river capacity Average riverbed within design grade range No incidences 2011/12 - Commence Gravel Management review.	River bed surveys are rotated on a 3 to 6 year frequency and analysed. All other rivers that are monitored have sufficient capacity. The average riverbed grade where gravel is extracted is within the design grade line. There have been no incidences of erosion or flooding that have resulted from gravel levels not being managed appropriately.
River-bed gravel is equitably allocated to gravel extractors	The gravel allocation process complies with the RRMP	2009-19 - No compliance issues with gravel extraction	The gravel allocation process has complied with the RRMP and there are no compliance issues. The gravel allocation process for the 2012/13 year will occur from March to May 2012.
River gravel management activities have no significant adverse effects on river ecology and water quality	No reported incidences of adverse impacts following gravel extraction or beach raking activities	2009-19 - No reported incidences of adverse impacts following gravel extraction or beach raking activities	Gravel extraction has been managed to avoid adverse impacts on the ecology. Ecology management plans for the rivers are currently being developed to manage the ecology more effectively.

Activity 6 – Open Spaces

Levels of Service Provision and Performance Targets

Level of Service statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will provide public access to, and manage existing Council owned parks and wetlands for multi-purpose benefits	Pekapeka Wetland Management Plan Tutira Country Park Management Plan Tukituki Estuary Management Plan Waitangi Management Plan Pakowhai Country Park Maintenance Plan	2010/11 - Public walkway access to Pekapeka swamp completed 2011/12 - subject to KiwiRail Deed of Grant, complete northern Pekapeka Pathway 2009-19 - Public access to Pakowhai and Tutira Country Parks continue to be available and developed	The northern Pekapeka pathway is on hold indefinitely. Progressing the northern pathway was conditional on raising funds for a pedestrian overbridge that would link the northern pathway to the interpretation site. These funds have not been raised. An additional boardwalk is however being constructed at the interpretation site. Work will be completed by March 2012. Maintenance work at Pakowhai Country Park and Tutira Country Park carried out in accordance with programme and budget for the year.
We will actively look for opportunities to provide the public with additional access to coastal areas and ‘near urban’ rural environments that meet the Open Space policy and evaluation criteria	Open space policy and evaluation criteria	2009-19 - Up to 3 proposals evaluated against the criteria *2010/11* – complete Landscapes cycleway of the “Heretaunga Ararau” cycleway proposal *2011/12* – Complete construction of ‘Water Ride’ cycleway *2011/12 –* Evaluate and seek funding for the construction of the “Winery Ride” *2011/12 –* Contribute $300,000 toward Waimarama Reserve; purchase in conjunction with Hastings District Council	Water Ride –Napier City Council (NCC) coastal section complete (75% as at 1 July). The HBRC estuary section of trail is approximately 80% complete (30% as at 1 July). Work is programmed for completion by mid 2012. Wineries ride - Work has started on Ngaruroro stopbank section between Ormond Road and Fernhill. Ride programmed for completion mid 2012. Lanscapes ride – 75% complete; programmed for completion Easter 2012.
We will maintain the stability of part of State Highway 2 by appropriate land use and management of the Tangoio Soil Conservation Reserve	Tangoio Soil Conservation Management Plan	2009-19 - Yearly inspections	Annual maintenance works are being carried out in accordance with programme and budget.

GROUP OF ACTIVITY: REGULATION

Activity 1 – Resource Consent Processing

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will ensure accurate information about resource consent requirements and processes is readily available

Application and submission guides are available in electronic and hard copy form

2009-19 - No verified reports of inaccurate information being given in relation to resource consent requirements

2009-19 - Electronic application and submission forms, application and submission guides are available through the Council’s website

Application and submission forms available in electronic, and hard copy form and online.

No verified reports of inaccurate information being given.

We will process resource consent applications in a timely manner

100% of resource consents processed within statutory timeframes set down in the Resource Management Act 1991

2009-19 - 100% of resource consents processed within statutory timeframes

99% of resource consents processed within statutory timeframes.

Activity 2 – Compliance Monitoring

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will check that consent holders comply with the resource consent conditions imposed to protect the environment

Number of consents monitoring in accordance with the adopted compliance monitoring strategy

2009-19 - 90% of programmed inspections/reports completed each year

95% of monitored consents achieve an overall grading of full compliance or minor non-compliance

460 consents have been monitored which is on target for programmed monitoring.

There are currently eight consents with a significant non-compliance grade more than six months old. In each case Council staff are working with the consent holder to achieve compliance. These are typically significant infrastructure/process issues that are not easily resolved within 6 months.

We will provide a 24 hr/7 day a week pollution response service for reporting environmental problems

Duty management/Pollution Management response system

2009-19 - 24 hour duty Management/pollution management response system maintained

24/7 pollution response service provided to adequate level. Increasing skills around Haz Sub personal risk management and prioritisation of workloads to enable industry education.

Activity 3 - Maritime Safety & Navigation

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will provide local navigation safety control of shipping and small craft movements to ensure the region’s navigable waters^{^[3]} are safe for people to use.

Navigation Safety Bylaws and Port and Harbour Safety Management System

2009-19 – Bylaws to be reviewed in 2012

Maintain a Maritime New Zealand accredited Safety Management System for the Napier Pilotage area

Marine accidents and incidents are investigated and actioned using education and enforcement as appropriate

Bylaws reviewed Sep-Nov 2011.

SMS maintained, audit by MNZ delayed due to RENA response.

Actioned as required.

Activity 4 - Building Act Implementation

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
Process Building Act consent applications within timeframes	Contract with Environment Waikato to process dam consents on behalf of HBRC	Maintain contract with Environment Waikato, for the processing of dam building consents	Nil applications to date.
Maintain an accurate Dam Register and assist dam owners preparing dam safety assurance programmes in accordance with Building Act timeframes	All known dams have been recorded on the Dam Register, and dam owners informed of Building Act requirements	2009-19 – 100% of dams comply with regulation requirements that come into force in July 2012	List maintained. All know dams comply with regulation requirements.
Investigate and resolve illegally built dams	Any illegally build dam is either legalised or removed within six months of identification	2009-19 – 100% of dams comply with regulation requirements	No illegally built dams investigated.

GROUP OF ACTIVITY: STRATEGIC PLANNING

Activity 1 – Economic Development

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report To 30 November 2011
We will position the region as a great place to visit, do business with and invest in	Comprehensive visitor strategy in place within an overall regional marketing plan	2010/11 - Strategy developed in consultation with regional stakeholders *2011/12* – Support Regional Tourism organisation with up to $850,000 for operational purposes Participate on the Regional Tourism organisation board to monitor progress against performance targets	Hawke’s Bay Tourism report quarterly to the Council on progress against performance indicators.
	Investment for research and development and business development	2009-19 - At least $500,000 per annum achieved for Research & Development (R&D) investment	Research and development grants approved for the Hawke’s Bay region through Ministry of Science and Innovation grant schemes to date total $1,040,165
	Long term regional economic development strategy	2010/11 - Complete update of Long Term Regional Development Strategy 2011-12 – Implementation of the Regional Economic Development Strategy	Business Hawke’s Bay (comprising business and political representation) is operational along with a staff advisory group representing councils in the region. Business Hawke’s Bay is responsible for implementing the strategy and the core work streams. The completion of the Land and Water Management Strategy is one element of HBRC’s responsibilities in the Economic Development Strategy. Discussions have been held with primary sector industry and science organisations to engage in furthering best practice farming systems and reducing environmental footprints.
	Annual Regional Economic Monitoring Report	2010/11 – Develop a regional model 2011-19 – Maintain up to date model Prepare annual report in consultation with stakeholders	HBRC, Business Hawke’s Bay, Napier City Council, Hastings District Council and Hawke’s Bay Tourism have agreed on the need to have a common model for regional economic reporting. A workshop is to be held to develop the elements of the reporting model.

Activity 2 – Strategy and Planning

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will help the community prepare for the future		2009/10 - Complete four scenarios for Hawke’s Bay (Completed)
		*2010/11 –* Up to 3 events such as the Embracing Futures Thinking Breakfast Series	To date, no Embracing Future Breakfast meetings have been held. However, the Hawke’s Bay Land and Water Management Strategy was launched at the 2^nd Land and Water Symposium on 30 November 2011.
		2010/11 – Complete a Strategic Plan	HBRC’s Strategic Plan was adopted by Council in October. It is a culmination of strategic planning meetings which started in December 2010 and pulls together the strategic direction of Council over the next ten years. It will inform the development of the Long Term Plan. An open meeting is planned for early December 2011.
		2010/11 – Complete the Heretaunga Plains Urban Development Study (Completed)	Regional Policy Statement (RPS) Change 4 has been drafted and adopted for public notification in early December 2011. Change 4 embeds HPUDS’s principles and content into Regional Policy Statement. HPUDS was adopted in August 2010.
We will establish and maintain clear and appropriate policy to enable the sustainable management of the region’s natural and physical resources by undertaking a rolling review^{^[4]} of the regional plans in a responsive and timely way	Status of resource management plans and policy statements	2009/10 – Plan change for on-site domestic wastewater publicly notified Plan change for stormwater discharges publicly notified The Council now propose to proceed with these plan changes in the first half of year 3 following feedback on RPS Change 4 (Built Environment and Infrastructure) Plan change for minor changes relating to Land Use intensification The Council decided not to proceed with this to give priority to Taharua River plan change Decision of whether to proceed with a plan change for land use intensification relating to Taharua River Catchment The Council decided to proceed with a plan change with the following Performance Target: *2010/11* – Plan change for managing land use in Taharua River catchment for water quality purposes publicly notified 2010/11 – Initiate a change to the Regional Policy Statement following completion of the Heretaunga Plains Urban Development Study by 2010/11 The Council now proposes to proceed with this in the first half of 2011/12 2011/12 – Plan change for Water Allocation and Environmental Flows and Levels for surface and ground water publicly notified Additional resources (2 FTE) proposed in 2010/11 Annual Plan to ensure these performance targets are able to be met (budget approved for 2011/12). 2013-19 – plan changes as per Rolling Review programme	Change 3 and Variation 3 (changes to the RRMP and the RCEP respectively) publicly notified on 13 July 2011. Submissions and further submissions have closed. Hearing to be arranged early 2012. The Draft Regional Stormwater Strategy, prepared in collaboration with Stormwater Working Group, to be released for public comments late 2011. Taharua Strategy discussion document, developed to enable wider community consultation, released in July 2011. Forty submissions received and presented to Environmental Management Committee in October 2011. Review of the policy development process also undertaken. A number of issues raised, resulting in a more comprehensive review of issues and required process and timeframes to be undertaken and reported to Council February 2012. Regional Policy Statement (RPS) Change 4 (Built Environment and Infrastructure) drafted and adopted by Council 23 November 2011 for public notification in early December 2011. Change 4 embeds HPUDS’s principles and content into RPS. Submissions will close February 2012. The Regional Land and Water Management Strategy completed and launched at a one day symposium in November 2011. Sets out strategic direction for managing land and water in the future and signals policy and measures likely to be included in upcoming plan changes. Progress is being made on Tukituki plan change with science work being analysed as part of policy development. Cultural Values and Uses report being prepared by Tamatea and Heretaunga Taiwhenua. Preliminary work being undertaken on integrated management approach to the Heretaunga Zone (includes a number of surface water catchments and the Heretaunga Plains aquifer system). Appeals on Change 2 and Variation 2 (Air Quality) are now all settled. Change 2 has been approved and will become operative from 1 January 2012. Variation 2 merged into proposed Regional Coastal Environment Plan.

Activity 3 - Policy Implementation

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will promote integrated management by proactively communicating the Council’s policies and responsibilities through dialogue and submissions on district plans and consent applications and central government initiatives

Submissions made on district plans, district planning applications and central government initiatives where there are relevant regional Council policies and responsibilities to consider

2009-19 - Submissions made on district plans, district planning applications and central government initiatives reported to Council’s Environmental Management Committee

Staff of Regional Council and territorial local authorities meet at least twice a year to discuss integration issues

Steps for improved integration are identified and actioned

Regular reports have been presented to Environmental Management Committee and Maori Committee on submissions/ comments made under Statutory Advocacy project.

Comments and submissions express the Regional Council’s interests in land use and resource management decisions being made by other councils and agencies. Matters expressed in Council’s comments and submissions often relate to proposed methods of stormwater disposal; discharge of wastewater; the development’s proximity to river control or drainage works; its location relative to known natural hazards; etc. (Example outcome: land use consent granted by Napier CC included conditions requiring certain works be undertaken for on-site stormwater detention and disposal).

No formal submissions or appearances made to date by Council on central government proposals. Nevertheless, Council’s interests have been represented at various levels of engagement with Government on scoping and drafting of proposals and guidance materials still being finalised.

Regional Council has opportunities to submit on proposed NPSs and NESs like any other person, and often submits to ensure NPSs and NESs do not require costly and unnecessary implementation actions disproportionate to any benefits of the national instrument.

HBRC Policy staff convene “Hawke's Bay Council Planners’ Forum” comprising key resource management policy managers and advisors from each of the Hawke's Bay councils. Principal purpose of Forum is to assess and share opportunities to harmonise content of regional and district plans in Hawke's Bay. Current principal focus has been preparation of Joint Natural Hazards and Land Use Planning strategies.

We will investigate and manage contaminated sites to ensure public health and safety and environmental protection

Number of top priority (Category 1) contaminated sites investigated

Maintain a database of potentially and confirmed contaminated sites

2009-19 - Investigate 4 of the Top Priority Contaminated sites a year

The last nine top priority contaminated sites were investigated during the 2010/11 financial year. Concentration for this 2011/12 financial year is on updating the HAIL data in the new HBRC Land Use register. The National Environmental Standard for “Assessing and Managing Contaminants in Soil to Protect Human Health” comes into effect on 1 January 2012 and this will require territorial authorities to refer to the HAIL information held on the HBRC Land Use register.

Activity 4 - State of the Environment Reporting

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will monitor and provide accurate information to the community so that they understand the State of the Environment (SOE) for Hawke’s Bay.

Data quality as assessed against Council’s quality assurance system

Amount of SOE monitoring data available through the Council’s web site

2009-19 - Maintain current level of SOE data on the Council website

2010/11 - Make information from the following monitoring sites available through Council’s website:

· All telemetered river flow sites

· All telemetered rainfall sites

· All telemetered climate stations

2011/12 - All data collected, processed, analysed and stored in accordance with ISO requirements

2012/13 - Apply for ISO accreditation

Data continues to be maintained at required levels. Monthly reporting has been revised to better reflect client needs. Comments from MAF and Land Services now included giving the reports context.

Levels of service maintained for all river, rainfall and climate stations. Additional climate stations coming on line in accordance with the climate station review. Sites now installed at Pukeorapa, Taurekaitai and Te Aute. For 2011 a site at Ruakituri will be installed. Rainfall sites are currently being reassessed against standards and updated accordingly.

Data collection through to processing is in accordance to section procedures which are progressing to QA. Review of ISO requirements from external consultant has now taken place with progress continuing on to meet 2012/13 accreditation.

State of the Environment Monitoring Report

2009-19 - Annual Update State of the Environment Reports available by June each year.

2013/14 - State of the Environment Monitoring Report available

2011 annual report will commence in January 2012, with completion expected in April 2012. A new style monthly report giving monthly updates on exceptions and trends is now occurring.

GROUP OF ACTIVITY: TRANSPORT

Activity 1 – Regional Road Safety

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will engage, co-ordinate and implement sustainable regional road safety initiatives so that our roads and pathways are safe and accessible, and the emotional and financial costs of road accidents are reduced

Implementation of Regional Safety Action Plans and Neighbourhood Accessibility Plans which effectively implement relevant objectives of the Regional Land Transport Strategy and the New Zealand Injury Prevention Strategy

2009-19 - Review Regional Safety Action Plans (RSAP) for Wairoa, Napier, Hastings, and Central Hawke’s Bay on a quarterly basis and prepare updated RSAP for the following quarter

2009-19 – Allocate New Zealand Transport Agency funding to service providers to enable implementation of Regional Safety Action Plan

Completion of major projects including “Just Another Saturday Night”. The Resource is being launched Nationally on 29November 2011. Further development will be investigated

Planning is currently underway for the HB Youth Alcohol Expo. A very successful expo was held in 2011 with over 2000 students attended from the Hawke's Bay high schools

Linda to update

Activity 2 – Regional Land Transport Strategy

Levels of Service Provision and Performance Targets

Level of Service Statement

Level of Service Measure

Performance Targets

2011/12

Progress Report to 30 November 2011

We will promote improved integration of all transport modes and land use through the region’s transport strategy

Regional Land Transport Strategy (RLTS)

2011/12 - Review by June 2012

2010/11 – Heretaunga Plains Transportation study to be completed August 2011

2010/11 – Hawke’s Bay Wider Region Transportation Study to be completed August 2011

Regional Land Transport Strategy (RLTS) is currently being reviewed and a draft RLTS for 2012-15 will go out for public consultation in early 2012.

The Heretaunga Plains Transportation Study is yet to be completed, due to delays in the peer review process and signoff by the project team for the landuse deficiency section. The Study is now expected to be completed and adopted by the Regional Transport Committee in February 2012.

The Wider Region Transportation Study was completed in August 2011 and adopted by the Regional Transport Committee in September 2011.

Three yearly Regional Land Transport Programme

2011-2013 - Regional Land Transport Programme submitted to New Zealand Transport Agency by 30 April 2012

The Regional Land Transport Programme for 2012-2015 is on schedule to be submitted to the New Zealand Transport Agency by April 2012.

Activity 3 - Subsidised Passenger Transport

Levels of Service Provision and Performance Targets

Level of Service Statement	Level of Service Measure	Performance Targets	2011/12 Progress Report to 30 November 2011
We will provide an accessible bus service and appropriate service infrastructure within and between the Napier, Hastings and Havelock North urban areas that will be expanded to meet the increasing need for passenger transport for the people of Hawke’s Bay	In accordance with Regional Land Transport Strategy	2009-12 - Services to be expanded and improved over next 3 years Improvements to Routes 10, 11, 13, 16, 20 and Saturday Services on Route 12 were made in November 2009.	Following a successful trial of Sunday bus services at the beginning of 2011 the Sunday Services were made permanent in August 2011. A trial service to Westshore and Ahuriri was implemented in October 2011; patronage is being monitored before a decision is made to make this a permanent service.
	Bus stop signs to be significantly improved to ensure all bus stops have appropriate infrastructure	2009-11 - Ensure both Hastings and Napier bus stops have appropriate signs at 100% of bus stops on current routes All Hastings and Napier bus stops are now appropriately marked Complete 4 additional bus shelters 1 new shelter was installed, working with TAs to identify other sites	The Regional Public Transport Plan was adopted in September 2011 and includes a level of service criteria for bus-stops, this criteria will now be implemented by HBRC with input from Napier City and Hastings District Councils.
	Where bus routes exist, at least 90% of residences and businesses are in the following walking distances of a bus stop: 500m – normal conditions 600m – low density/outer areas	2009-12 - Increase the number of bus stops in Hastings and Napier to meet the measure by 100% New bus stops considered based on passenger demand	The installation of new bus stops is continually discussed by HBRC with input from Napier City and Hastings District Councils, bus-stops are installed as demand occurs.
	We will increase the frequency and start and finish times of some main services and provide more services on weekends	2009-11 - Saturday – 7 to 12 hours of service From November 09 on Saturdays there are now nine hours of services 2010-12 - Sunday – between 5 to 10 hours of service	Saturday services were increased to provide more frequent services which start earlier and finish later. Sunday bus services were introduced in 2011, which proved successful; the services were made permanent in August 2011.
		2010-12 Extend start and finish times for main services Request for funding from NZTA was declined, therefore no extension of services will be implemented
		2011-13 - Main services run at 15 min intervals (peak times) Request for funding from NZTA was accepted, these improvements will commence 1 July 2011.	Four new buses were introduced on Route 12 in September 2011; this was later than the expected July 2011 date, following a delay with the delivery of the new buses.
	We will review fares and the fare structures on all services annually	2009-19 – Review fares and fare structure	An in-depth fare review will take place in early 2012.
We will provide a subsidised taxi service for Hawke’s Bay residents who are unable to use public transport because of serious mobility constraints, through the delivery of a Total Mobility Scheme	Membership is increased and service delivered in accordance with NZTA guidelines	2009-19 - Increase by 5% per year	On target, the current increase of new members on the Total Mobility Scheme is 8.5%.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 14 December 2011

Subject: December 2011 Work Plan Looking Forward

Reason for Report

1. The table below is provided for Councillors’ information, to provide them with an indication of issues and activities coming up over the next month in each area of Council.

Group	Area of Activity	Activity Status Update
Asset Management	· Asset Management Plan reviews	Reviews of Asset Management Plans substantially complete for HPFCS and UTTS. Currently being peer reviewed. Audit planned for December. AMPs for small schemes to be done.
	· Biosecurity	Draft proposed strategy has been publicly notified. Submissions close 27 January. Hearing dates will be determined once number and complexity of submissions known.
	· Land Management	A number of strategies to improve effectiveness of Council land management investment being developed. Details of regional afforestation project being developed.
	· CHB District Council Wastewater project	Consent application lodged. Application expected to be notified at early December once peer review completed. A report from NIWA is also expected early December which will form part of application documents. Detailed design and contract documentation commenced. Agreements between HBRC and CHBDC re use of HBRC land being drafted.
	· Mahia Beach wastewater project	Legal agreement being negotiated with Wairoa District Council for discharge of wastewater onto forest block and specific responsibilities for a range of access issues.
	· Tangoio and Tutira	Strategy for long term development of regional HBRC open spaces being developed. Contractual arrangements for high UMF Manuka block being negotiated.
	· Staff Accommodation	On hold pending further discussions with stakeholders.
	· Gisborne District Council	The provision of river engineering services to Gisborne District Council commenced. Additional engineer has been employed to support this work. An initial meeting has established priorities for work. Further meetings planned to define work briefs and monitor progress.
Resource Management	· Appeal mediation processes underway for:	Twyford Court appointed mediation held on 2 November, attended by the appellants (Watering Society) HBRC, Fish and Game, DOC, and Te Taiwhenua of Heretaunga. Appellants advised that a report is being prepared for them by Aqualinc, but will not be ready until next year. Appellants will advise the Court before April 2012 if they intend to progress the appeals. AFFCO Further work and discussion is still ongoing, further mediation dates to be set by Court in New Year if required. Mexted & Williams Mexted et al have proposed a reduced no of lots as a solution to resolve the appeal. This is awaiting a response from the appellants. If not accepted this will go to appeal.
	· Science Activities	Groundwater Ruataniwha scenario modelling underway to inform plan change and storage projects, expected completion of 2 additional scenarios for February 2012. Work coupling groundwater model with nutrient model (NIWA) is also progressing (due for completion December). Additional resourcing to meet timelines and ensure robustness of process has occurred. Heretaunga model development is being fully scoped (Professional review team to be formed in February – TAG), it is expected that the full transient model with scenario modelling will take 2 ½ years Surface Water Allocation modelling for plan change and storage project still progressing with issues around back editing of data being resolved to ensure robust data quality, Completion of Tukituki sites expected end of December. IFIM assistance on Makaroro and preliminary work for Tutaekuri underway. Ecology Terrestrial surveys for strategic plan development and to inform future integrated management completed for Karamu and Tukituki, with reports in draft form now received. Work will progress on the Ngaruroro this summer. Periphyton modelling by NIWA is progressing well with the model now developed; validation and use of model will progress over the next two months, the model is initially being applied to determine effects of the CHBDC land discharge and reduced discharge to river. Surveys will start shortly on the Tukituki and Mohaka characterising the longitudinal change in biota as part of the plan change limit setting process and to ensure effects based decisions can be made. Scheduled for January (weather dependent) Air Quality Now that Winter is over a relocation of two air quality instruments will occur to ensure airsheds are better represented (Awatoto and Whirinaki airsheds agreements are currently being developed with landowners for relocation).
Strategic Development	· Land and Water Management Strategy	Land and Water Management Strategy ‘launched’ at Symposium held on 30 November 2011. Strategy implementation to be ongoing, including via 2012-22 LTP preparation.
	· Plan change for freshwater management in Tukituki River catchment	Ongoing. Technical reports being used to develop the water allocation framework. Will start engaging key stakeholders early 2012.
	· Variation 1 (Rivermouth Hazard Areas) to proposed Regional Coastal Environment Plan	Schedule 1 RMA process. Officers’ report being prepared. Hearing to be scheduled early 2012.
	· Onsite Wastewater change	Schedule 1 RMA process, plus subsequent hearing process. Hearing to be scheduled early 2012.
	· RPS Change to incorporate HPUDS and wider infrastructure matters.	Change 4 (Managing the Built Environment) publicly notified 7 December 2011. Extended submission period over holiday season, closing on 10 February 2012.
	Ÿ Taharua Strategy and plan change.	Ongoing. Comprehensive work programme on way forward for a robust plan change to be presented to Committee in Feb/March 2012.
	· Change 2 and Variation 2 (Air Quality)	Appeals all settled without need for any Court hearings. Change 2 approved to become operative on 1 January 2012. Variation 2 merged into proposed Regional Coastal Environment Plan.
	Ÿ Proposed Regional Coastal Environment Plan	Ongoing. Negotiations on appeals nearing total settlement without need for any Environment Court hearing. Update report to Committee in early 2012.
	Ÿ Heretaunga Plains Urban Development Strategy (HPUDS).	Ongoing implementation as it relates to other actions where HBRC is a lead agency or a partner agency via HPUDS Implementation Working Party
Strategic Development	Ÿ Regional Land Transport Programme and Regional Land Transport Strategy.	A report on the revised project/programme prioritisation will be considered by the RTC on 20 December.
	Ÿ Business Hawke’s Bay	Business attraction and growth initiatives are ongoing. Resource to progress China market opportunities is to be contracted. Ongoing discussions with sector groups to re-establish Food Hub programme. Update to HBRC and formal launch planned for Feb 2012.
	Ÿ Tech NZ R&D funding as part of the Regional Business Partner partnership with HB Chamber of Commerce	Ongoing - $1,040,165 distributed to 20 companies, 12 of which are in the primary industries and food and beverage sector.
	Ÿ Strategic Farming Initiative	Ongoing discussions with processing sector to seed initiatives – an important part of supporting irrigation uptake
	Ÿ Massey Strategic Relationship	The Massey leadership team are holding their retreat in Hawke’s Bay in late January and an event is being planned at the end of the Council meeting on 25th involving HBRC Councillors and several key staff along with Mayors and CEs from other
Corporate Services	· Assessment of selling cash flows from Napier leasehold land.	To be undertaken in April 2012.
	· Establishment of Investment Company & Board composition.	For Council approval at 14 December 2011 meeting.
External Relations	· Freshwater Governance and Management – Collaborative sector approach to Implementation of NPS	Ongoing work focusing on engagement of Regional Sector Group with re-established Land and Water Forum.
	· Regional Pplanning Committee	Planning training sessions for potential members early in 2012
	· Long Term Plan	Work on development of Long-Term Plan consultation process for March – May 2012
	· Shared Services	Ongoing work to develop proposal(s) for Council consideration.
Operations/ Water Group	· Ruataniwha Water storage	Work over the next month involves: - Distribute Initial Project Decscription to consultants and confirm project detail to allow other associated work to proceed. - Final 5 non physical science projects tendered out with work in December involving induction of consultants to project. - The major focus for Engineers in December is the confirmation and rationalisation of the distribution network and commencement of project pricing. - Engage legal advisor for RMA and consents advice. - Ongoing weekly core project, project team and project/ plan change/ consents meetings
	· Cycleways	Work continues on the various rides with progress as follows: · Landscapes- Red Bridge to Craggy Range winery section progressing through December. Craggy Range winery section to complete in conjunction with HDC. · Water – Pistol club and Pandora pond sections of ride still to resolve but struggling for time. Similarly issues in the Taipo reserve for NCC to resolve. Work progressing very well on Puketapu loop section with work due for completion by Xmas. Water ride official opening being proposed for 25 February 2012. · Winery – Work is progressing well on the Expressway to Fernhill section on the Ngaruroro Stopbank and is also due for completion by Xmas. Detail for the Royshill/ Ngatarawa section now finalised and will progress into the new year.
	· Ngaruroro Water storage project	Final Pre Feasibility report now complete. Confirm on farm economic detail and pricing with Macfarlane Rural business, prior to seeking Council approval for work to proceed.
CE’s Office	Ÿ Strategic Plan	Strategic Plan distributed to key stakeholders. Open meeting held on 6 December, 14 members of the public attended. Other meetings will be arranged with key stakeholders as required.
	Ÿ Freshwater Governance and Management	Sector workshops on allocation, limit setting and regulatory agility aligned with NPS are ongoing
	Ÿ Land and Water Forum “Small Group”	Represented Regional Sector at meeting held in Wellington on 5 December
CE’s Office	Ÿ Investment Portfolio scenarios	Further developing detailed business cases for 10 Year Plan and establishment of Investment Company.
	Ÿ Regional water strategy and Water storage feasibility projects	Contractual work with MAF
	Ÿ Study of Local Government Efficiency and Effectiveness	Following 28 November meeting, Terms of Reference for the Regional Prosperity Study are being developed.
	Ÿ Regional Sector strategic partnerships	Joint Horizons, Greater Wellington and DoC met to commence due diligence on joint relationship for southern North Island. First meeting held 8 December
	Ÿ Ministry of Agriculture and Forestry Peak Group	Ongoing. Continue involvement for implementation of the ETS.
	Ÿ Attend the Advisory Committee on Official Statistics	Ongoing

Decision Making Process

2. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that as this report is for information only and no decision is required in terms of the Local Government Act’s provisions, the decision making procedures set out in the Act do not apply.

Recommendation

1. That Council receives the December 2011 Work Plan Looking Forward report.

Helen Codlin

Group Manager

Strategic Development

Mike Adye

Group Manager

Asset Management

Paul Drury

Group Manager

Corporate Services

Graeme Hansen

Group Manager

Water Initiatives

Liz Lambert

Group Manager

External Relations

Iain Maxwell

Group Manager

Resource Management

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

[1] See Deed of Settlement with Ngati Pahauwera signed 17 December 2010, clause 5.22 and clauses 3.19-3.28 of the Provisions Schedule to the Deed; and Agreement in Principle with Maungaharuru-Tangitu Hapu signed 22 September 2011, clause 5.41 and Schedule 4. In addition, the Crown has made commitments to other Tangata Whenua Representatives to establish the Committee, including Mana Ahuriri Incorporated (for the Ahuriri Hapu) and Ngati Hineuru Iwi Incorporated (for Ngati Hineuru).

[2] Note: References to claims relate to the Land Use Capability Classification System. Class VIIe for example is steep land prone to erosion. The highest class is Class VIII.

[3] Department of Conservation currently has navigation safety responsibility for Lakes Waikaremoana and Waikareiti

[4] Rolling Review Programmes – The Council has made the decision to undertake rolling reviews of its Resource Management Plans and Policy Statement. This will enable it to focus on priority areas and issues and to reduce the timeframe for plan amendments that are considerable when complete reviews are undertaken.

TABLE: INITIAL PERFORMANCE TARGETS
Performance Indicator	Target
Net debt to net debt plus Equity	<40%
Interest cover (EBIT/Interest Paid)	>3x
EBITDA/Total Assets	13%
Return on Shareholders’ Funds	8%
Change in Capital Values	3%
Notes: EBIT = Earnings Before Interest and Tax EBITDA = Earnings Before Interest, Tax, Depreciation and Amortisation ROI = Return on Investment (the Council’s net equity transferred to HBRIC) Net debt means gross borrowings from outside the HBRIC “group”, less loans made to parties outside the HBRIC “group”

Proposed Regional Plan / Proposed Regional Policy Statement	A proposed regional plan or proposed regional policy statement is a document that has been issued by the Council and ‘proposed’ as the Council’s official position. To be legally proposed, a document must be publicly notified so people can make submissions.
Plan Variation	A plan variation is when a Council proposes a further change to a plan or policy statement that is still in the ‘proposed stage’ and has yet to be finalised.
Operative Regional Plan / Operative Regional Policy Statement	In relation to a regional plan or a regional policy statement, means that it has been through the public submission, hearings and Court processes and has full effect.
Plan Change	Is when a Council proposes changes to an Operative plan or policy statement.
Hearings Panel	Is a panel appointed to hear public submissions on any Proposed Plan, Proposed Policy Statement, Plan Change or Plan Variation. It may be made up of any number of people, and may include Committee members, independent commissioners, or a mix of the two.
Member Tāngata Whenua Group	Means a Crown recognised mandated group representing tāngata whenua interests within the Hawke’s Bay region, mandated for the purpose of negotiating with the Crown for a settlement of claims under the Treaty of Waitangi, being: · Mana Ahuriri Incorporated (representing the Ahuriri Hapu); · Maungaharuru-Tangitu Incorporated (representing the Maungaharuru-Tangitu Hapu); · Ngati Hineuru Iwi Incorporated (representing Ngati Hineuru); · on an interim basis and only to the extent set out in the the Deed of Commitment [ ] between HBRC, Tangata Whenua Parties and the Crown, Te Toi Kura o Waikaremoana (representing Ruapani ki Waikaremoana); and · Any other group which becomes a Tangata Whenua Party to the Deed of Commitment dated [ ] between HBRC, Tangata Whenua Parties and the Crown by executing a Deed of Accession set out in Schedule 1 of that Deed.
PSGE	Means a post settlement governance entity which has taken over responsibility from a Member Tāngata Whenua Group for representing tāngata whenua interests, being: · The Trustees of the Ngati Pahauwera Development Trust (representing Ngati Pahauwera); and · Any other entity which becomes a Tangata Whenua Party to the Deed of Commitment dated [ ] between HBRC, Tangata Whenua Parties and the Crown by executing a Deed of Replacement set out in Schedule 2 of that Deed
Tāngata Whenua Representative	Means each representative nominated by: a. a Member Tāngata Whenua Group; or b. a PSGE.
The Council	Means the Hawke’s Bay Regional Council.
The Permanent Committee	Means the Permanent Regional Planning Committee referred to in the Deed of Settlement with Ngati Pahauwera signed 17 December 2010 (clause 5.22 and clauses 3.19-3.28 of the Provisions Schedule) and Agreement in Principle with Maungaharuru-Tangitu Hapu signed 22 September 2011 (clause 5.41 and Schedule 4).
Regional Resource Management Plan	Includes the Regional Policy Statement which relates to air, fresh water, the coast, gravel and land.
Regional Policy Statement	Is the document that sets the basic direction for environmental management in the region. This also includes the Māori Dimension. It does not include rules.
Regional Plan	A document that sets out how the Council will manage a particular aspect of the environment, like the coast, soil, rivers or the air. Can include rules.
Regional Coastal Environmental Plan	A document that sets out how the Council will manage the coast. Can include rules.

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