MINUTES OF A meeting of the Regional Council



Date:                          Wednesday 1 May 2013


Time:                          9.00am



Council Chamber

Hawke's Bay Regional Council

159 Dalton Street



Present:                     A J Dick

N Kirton

E McGregor

K Rose

C Scott

E von Dadelszen

F Wilson  - Chairman


In Attendance:          M Mohi – Chairman – Maori Committee

E Lambert – General Manager (Operations)

L Hooper – Governance & Corporate Administration Manager



1.       Welcome/Prayer/Apologies/Notices

The Chairman welcomed all those present to the meeting. Councillor McGregor offered the prayer.


RC40/13     That Councillor Remmerswaal and Gilbertson’s apologies for absence are received.




2.       Conflict of Interest Declarations

There were no conflict of interest declarations.


3.       Confirmation of Minutes of the Regional Council Meeting Held on 24 April 2013



Minutes of the Regional Council Meeting held on Wednesday, 24 April 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

von Dadelszen/Scott



4.       Matters Arising From Minutes of the Regional Council Meeting Held on Wednesday 24 April 2013

There were no matters arising from the minutes.


General Business

Cr Rose – Pipfruit Industry

Cr Dick – Mailing of Agendas



Alternative Local Government Reorganisation Proposal For Local Government Commission Consideration


Ms Lambert outlined the proposal prepared as per Council’s resolution at the 24 April meeting, being:

2.      Decides to submit an alternative proposal to the Government Commission, based upon the following features:

2.1.      Explores the opportunity of an East Coast Regional Council [from Wharerata Range to Palliser Bay and (for clarity) including Wairoa District, Napier City, Hastings District, Central Hawke’s Bay District; Tararua District (within Horizons Region); Masterton, South Wairarapa, and Carterton districts (parts of Greater Wellington RC) and parts of Taupo and Rangitikei districts]

2.2     Has no view on the structure necessary to deliver TLA functions.

The rationale for this proposal is to ensure the priority of regional council functions is maintained within any future local government structure in HB.

In relation to communities of interest outside of the current HBRC boundaries, the population parameters used to establish effective representation could be met within the +/- 10% requirement. Proposal is for 11 representatives. Similar sized Regional authorities currently represented by between 7 and 12 members.

Maori representation principally provided by equal number of Treaty Claimant Group representatives on a legislated Regional Planning Committee. Informal discussions with HBRC RPC representatives have been held.

There was discussion on the management and provision of the Public Transport function, on the management of the Manawatu River catchment that could occur collaboratively with Horizons, and the Nature Central collaboration already established.

Ms Lambert also briefly outlined how the proposal addressed provision of the core regional council functions of environmental management including irrigation, air quality, biodiversity and land management as well as flood protection, natural hazard knowledge and management, and investment and economic development. Further, Ms Lambert also outlined how the NPS for Freshwater Management and other government reforms as well as organisational capacity and efficiencies were discussed within the proposal, as well as the benefits of the establishment of an East Coast regional council.

Ms Lambert advised that discussions with the Local Government Commission (LGC) had confirmed that this was a legitimate alternative proposal and there are no legal impediments to its being lodged and considered through this process.

The LGC process once alternative proposals have been lodged, is for consideration of all of those as well as the A Better HB and the status quo to develop a preferred Draft proposal for the organisation of Local Government in HB. Submissions on the Draft would then be heard and considered by the LGC, which would result in a Final proposal. The Final proposal, including transition arrangements, would then be formally notified and be open to the possibility of a poll should 10% of the affected area demand it.

Support for the proposal was expressed, as it looked at the function which should precede the form – of local government.

Support for the rationale of ‘the focus upon the management of natural resources retains a similar focus to that which is currently exercised in any new local governance entity” was expressed.

As well as opportunities, this proposal also involves risks – as exist with any proposal for reorganisation. Concerns were expressed in relation to other reorganisation proposals in other areas like Wellington and possible impacts on those ratepayers, as well as considerations of local decision making and effective representation. It was also queried whether consideration should have been given to presenting a proposal including Gisborne District, the whole of Greater Wellington and Horizons regional council areas.

There had been expressions by members of the Maori community, of the wish for a Regional Council reflecting the footprint of their rohe.

Discussion, debate and analysis of all of the information is the job for the LGC in developing a preferred proposal of their Draft reorganisation proposal for the public to consult on.



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.      Adopts the Draft Alternative Proposal for the Re-organisation of Local Government in Hawke’s Bay, subject to any amendments made at the meeting, and lodges it with the Local Government Commission on or prior to 3 May 2013.

von Dadelszen/Scott

for: Dick, Scott, Rose, von Dadelszen, Wilson

Against: McGregor, Kirton



          General Business



Councillor / Staff


Pipfruit Industry.

Publication of statistics relating to HB producers and production will be made available for Councillors in the Councillors lounge.

Cr Rose


Mailing of Agendas

Hard copies of 24 April Agenda were late arriving at Councillors’ homes, and couriered papers for today’s meeting were also delayed. Suggested that staff look at DX Mail or other alternatives for delivery of Agenda papers.

Cr Dick


6.       Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 24 April 2013

That Council excludes the public from this section of the meeting, being Agenda Item 6 Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 24 April 2013, with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:





Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 20 March 2013

7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.




6.       Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 24 April 2013

RC43/13     That the Public Excluded Minutes of the Regional Council Meeting held on Wednesday 24 April 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.




7.       Matters Arising from the Public Excluded Minutes of the Regional Council Meeting Held on 24 April 2013

There were no matters arising.



RC44/13     That the meeting moves out of Public Excluded session.

von Dadelszen/McGregor



The meeting went into public excluded session at 10.35am and out of public excluded session at 10.40am




There being no further business the Chairman declared the meeting closed at 10.40am on Wednesday 1 May 2013.


Signed as a true and correct record.




DATE: ................................................               CHAIRMAN: ...............................................