Agenda of Regional Council Meeting

	Agenda Item	Action	To Respond	Due Date	Status Comment
1	Action Items	Climate Change report requested at 29 May Regional Council meeting, being Item 12 Recommendations from the Corporate & Strategic Committee: “3.1 Requests that staff provide a report to the Environment and Services Committee, updating Council on the latest science on Climate Change and how it can actively mitigate against it by reducing CO₂ emissions.”	IM		An assessment of the time required by suitably qualified science staff to assess the science available and develop a programme of possible mitigation measures has been undertaken and it is estimated that it will take two weeks FTE to research and complete the report. This is outside the planned work programme and it is anticipated that the report will be presented to the E&S Committee in December.
2	Action Items	Request from 8 May Corporate & Strategic meeting, item 9 HBRIC Ltd Update to HBRC -for further information and a template of a concession deed to aid in Councillors’ understanding of the intricacies and detail of those documents	AN		Agreed that once commercial sensitivity issues were no longer relevant a ‘template concession deed’ containing no specific details of any parties subject to it would be made available to Councillors Ref email appended, dated 4 September 2013. Information made available.

	Agenda Item	Action	To Respond	Due Date	Status Comment
3	Action Items	Update for Councillors on progress with the Dalton Street remediation work and legal processes seeking costs	MA	Sept 13	Report presented to 4 September Corporate & Strategic Committee
4	Action Items	Update on work programmes associated with taking forward the use of alternative methods of managing irrigation water resources put forward by submitters to the Annual Plan – such as using rostering & rationing, global consents, user groups, etc	IM	Nov 13	Report to 25 September (today’s) Regional Council meeting.

Actions from Previous Regional Council meetings

Attachment 1

LGOIMA Requests Received between 22 August and 19 September 2013

Request Status	Request Date	Date Received	Response Due	Request ID	File Reference	Charge Code	Requested By	Request Summary
Active	16/09/13	16/09/13	14/10/13	OIR-13-062	CON19	895-003	Kolt Johnson	bore data for the lower Tukituki
Active	16/09/13	16/09/13	14/10/13	OIR-13-063	CON19	895-003	Catherine Sturgeon SKM	bore details (eg location, depth, whether a bore log is available or not etc) for all the bores within a 5 km radius of this easting/northing :1936555, 5603569
Completed	16/09/13	16/09/13	14/10/13	OIR-13-064	CON19	895-003	Channa Rajanayaka - Aqualinc Research Ltd	bore details (mainly depth and screen info) for the following bores
Active	13/09/13	13/09/13	11/10/13	OIR-13-061	CON19	895-003	John White	Consent for seawall at Clifton, application information
Completed	11/09/13	11/09/13	9/10/13	OIR-13-058	REP10	895-003	Peter BEAVEN	the email that went to staff advising staff protocols around candidates and campaigning during the election period
Completed	11/09/13	11/09/13	9/10/13	OIR-13-059	CON19	895-003	Kolt Johnson	data behind the WUA curves for the upper and lower Tukituki and temprature data
Completed	11/09/13	11/09/13	9/10/13	OIR-13-060	REP10	840-010	Rick Barker	Information in relation to complaint re no authorisation on election hoardings
Active	9/09/13	9/09/13	7/10/13	OIR-13-054	CON19	895-003	Paul Bailey	full results from the 'anonoymous staff survey'
Completed	9/09/13	10/09/13	8/10/13	OIR-13-055	CON19	895-003	Luke Bailey	copy of any material, briefings or guidelines to HBRC staff regarding maintaining political neutrality during the current election
Active	7/09/13	9/09/13	7/10/13	OIR-13-052	CON19	895-003	John Bright	mean daily flow series for the river flow
Completed	6/09/13	6/09/13	7/10/13	OIR-13-053	CON19	895-003	Caroline Fraser	Flow records for the Managaonuku at Argyl Rd gauging site and Mangaonuku
Active	5/09/13	5/09/13	4/10/13	OIR-13-050	CON19	895-003	Corina Jordan - Fish & Game	Data Request
Active	4/09/13	4/09/13	3/10/13	OIR-13-048	CON19	895-003	Rex M Proctor	(Surplus Funds Distribution) Empowering Act 1999 - statistical information about the distribution of the funds
Active	4/09/13	9/09/13	7/10/13	OIR-13-056	CON19	895-003	Sue Walsh - Fonterra	S42A reports and CD for all WW discharges
Active	2/09/13	2/09/13	1/10/13	OIR-13-047	CON19	895-003	Kate McArthur - Catalyst Group	Data request
Completed	2/09/13	2/09/13	1/10/13	OIR-13-049	CON19	895-003	Ben Neal	database of the outstanding 20L/sec & over takes incl phone numbers
Active	30/08/13	30/08/13	27/09/13	OIR-13-046	CON19	895-003	Megan Hunt	A list of all contracts, completed or otherwise, for research on the Ruataniwha dam/Tukituki catchment. Any letter reports received and not made public, All modeling for the Ruataniwha dam/Tukituki catchment generated by NIWA and GNS
Completed	29/08/13	29/08/13	26/09/13	OIR-13-044	CON19	895-003	Mangaroa Marae	consents, permits on gravel extraction from the Bridge Pa area
Completed	28/08/13	28/08/13	25/09/13	OIR-13-043	CON19	895-003	Marty Sharpe - Dom post	dairy effluent offending
Completed	27/08/13	27/08/13	24/09/13	OIR-13-045	ADM20	895-003	Emma Vere-Jones	air quality monitoring PM10 results
Completed	22/08/13	22/08/13	19/09/13	OIR-13-057	CON19	895-003	Nic Conland	Consented Water takes, Point Source Discharges, Groundwater information & Proposed storage information

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 25 September 2013

SUBJECT: Affixing of Common Seal

Reason for Report

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 178

DP 12611

CT D4/1104

- Transfer

1.1.2 Lot 118

DP 13055

CT E2/1293

- Agreement for Sale and Purchase

1.1.3 Lot 66

DP 13897

CT F4/392

- Transfer

1.1.4 Lot 2

DP 8638

CT D4/260

- Agreement for Sale and Purchase

1.1.5
Lot 7

DP 14960

CT G4/181

- Agreement for Sale and Purchase

1.1.6 Lot 178

DP 6598

CT C2/365

- Transfer

3716

3717

3718

3720

3722

3723

27 August 2013

2 September 2013

9 September 2013

17 September 2013

19 September 2013

1.6

PROXY

Hawke’s Bay Regional Investment Company Ltd

3719

16 September 2013

1.7

MEMORANDUM OF LEASE

Lot 2

DP 461552

CT 607344

3721

17 September 2013

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

Liz Lambert

General Manager (Operations)

Attachment/s

There are no attachments for this report.

Regional Planning Committee Minutes of the Meeting Held 7 August 2013

Attachment 2

1. WELCOME/APOLOGIES/NOTICES

Mr Waaka, Co-Chairman welcomed all present to the meeting with a special welcome to members of Ngai Tuhoe and Councillor Murray Douglas who was attending his first RPC meeting.

Mr W Wilson offered a Karakia.

RPC14/13 Apologies for lateness were received from Councillors F Wilson and Dick, and for absence from Councillor Remmerswaal.

Rose/Baker

CARRIED

2. CONFLICT OF INTEREST DECLARATIONS

There were no conflicts of interest declared.

3. CONFIRMATION OF MINUTES OF the Regional Planning Committee held on 5 June 2013

RPC15/13 Resolution

Minutes of the Regional Planning Committee held on Wednesday, 5 June 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed s a true and accurate record.

McGregor/Scott

CARRIED

4. Matters Arising from Minutes of the Regional Planning Committee held on Wednesday 5 June 2013

9. Update of Taharua/Mohaka Policy Development

Ms Codlin updated the Committee on policy development since the last meeting and noted that a longitudinal survey had been carried out down the river and another one would be carried out next summer.

Mr Baker advised the Committee that following contact with Messrs Powell and Reed, a meeting with the catchment’s iwi stakeholders would be held in the near future.

Action Items from Previous Regional Planning Committee Meetings

Mrs Lambert and Mr Ide updated the Committee on the listed action items and noted that a revised Members list would accompany the next meeting agenda.

Responding to a question about Council’s jurisdiction in the Coastal marine area, Mrs Lambert confirmed that Council has responsibilities under the RMA for the area covering 12 nautical miles from the coast (ie. the coastal marine area).

Following a request from Councillor Scott, the “Making Good Decisions: course item would remain on the action list until a solution was found. Further update on this course to be discussed in General Business.

RPC16/13

Resolution

1. That the Committee receives the report “Action Items from Previous Meetings”.

Scott/Rose

CARRIED

Councillor F Wilson joined the meeting at 1.10pm

6.	Call for General Business Items 1. “Making Good Decisions” course 2. Coastal Erosion – Clifton 3. Contorta

Councillor Dick joined the meeting at 1.15pm

7. Change 5 Appeals

Mr Ide advised that four appeals had been lodged with the Environment Court against the Council’s decisions on Change 5 (land and freshwater management) to the Hawke’s Bay Regional Resource Management Plan (RRMP).

Mr Ide gave an overview of the four appeals lodged, outlined the options available in regard to Council’s participation at any Court-assisted mediation of the four appeals and drew the Committee’s attention to a table contained within the agenda item which identified the number of discrete amendments requested by each of the appellants compared to the respective appellants’ number of original submission points.

Mr Ide noted that the four appeals had not yet been reviewed by legal counsel to assess whether or not there are aspects of the appeals that could be considered ‘beyond the scope’ of Change 5. If any aspects were found to be so, the Environment Court could then be requested to determine the legitimacy of the grounds for those appeals at the outset.

The Committee discussed the options available to Council for mediation of the appeals, the makeup of the Environment Court’s panel that might be required to hear the appeals and whether there was an opportunity for tangata whenua to be represented on the Court’s Panel. The Committee considered this to be an important issue as there had been tangata whenua representation on the Panel that had originally heard and considered submissions on Change 5..

Mrs Lambert advised that as many of the issues could be mediated as possible and within reasonable timeframes to avoid an Environment Court hearing, but the Council had very little influence on the makeup of the Environment’ Court’s own judge and commissioners who might be appointed to hear the cases.

The Committee discussed the importance of Change 5 to Council’s future direction and emphasised the importance of resolving the appeals sooner rather than later.

The Committee agreed that it was imperative that staff continue to liaise with the Planning Committee about timely progress being made to resolve the appeals and any needs that might arise for the Council or other parties to request the Environment Court to set date(s) for formal Court hearings.

RPC17/13 Resolutions

That the Regional Planning Committee recommends 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. Delegates to the Group Manager Strategic Development (and any legal counsel acting as the Group Manager’s agent) the authority to sign, on behalf of Council, any mediated agreement in relation the appeals on Change 5 to the Hawke's Bay Regional Resource Management Plan, providing such mediated agreement as consistent with the overall content of the Council’s original decision.

3. That the Co-Chairs of the Regional Planning Committee liaise with staff and their team about the appeals on Change 5 to reinforce the link with the Regional Planning Committee.

Scott/Rose

CARRIED

8. Draft Annual Report for National Policy Statement (NPS) Freshwater Management Implementation Programmes

Mr Ide updated the Committee on Council’s progressive implementation of the National Policy Statement for Freshwater Management (NPSFM) covering the 2012-13 financial year.

Mr Ide advised that annual reporting on the Programme is required until the programme has been completed and so that the NPSFM has been fully implemented as relevant in Hawke’s Bay’s regional policy statement and regional plans. Mr Ide advised that the Programme adopted by Council indicated annual reporting would be included in Council’s Annual Report.

Mr Ide noted that although NPSFM does not specifically require the programme to be updated, staff agree that it would be beneficial to update the Programme from time to time to incorporate and changes or revisions which should correspond to financial and resourcing requirements as determined through Council’s annual plan/long term plan processes.

Responding to a question, Ms Codlin confirmed that an overview of State of the Environment( SOE) monitoring work would be included in the Report.

RPC18/13 Resolutions

That the Regional Planning Committee:

1. Receives the “Draft Annual Report for NPS Freshwater Management Implementation Programme” report.

2. Recommends Council 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.

3. Recommends Council agrees that the content of the report’s attachment be re-formatted and published as part of the Council’s 2012/13 Annual Report.

Wilson/Rose

CARRIED

Regional Planning Committee Draft Annual Report

Ms Codlin and Ms Bate gave an overview of the Regional Planning Committee’s draft annual report which described the form and function of the Committee and the activities undertaken over the period April 2012 – June 2013.

Ms Bate advised that a final report would be presented to the Committee at its September meeting for final adoption incorporating any feedback provided by the Committee members.

The Committee discussed the report and suggested amendments, simple language form and the use of diagrams or graphs to highlight the Plans the Committee is responsible for were noted. Following a suggestion, Committee members were happy to work with Ms Bate on the completion of the final report.

Councillor Wilson congratulated Ms Bate on an excellent report which could be utilised throughout the region as it gave an excellent insight into the Regional Planning Committee’s responsibilities, its ability to make change in Hawke’s Bay for the better and illustrated the power of Maoridom around the table.

RPC19/13

Resolutions

That the Regional Planning Committee:

2. Receives the draft report titled “Regional Planning Committee – Annual Report for the period April 2012 – June 2013.

3. Provides feedback on the content and scope of the draft report and any suggested amendments to it.

4. Instructs staff to present a final Annual Report at the Committee’s September meeting, taking into account feedback and input received from Committee members at this meeting.

Wilson/Rose

CARRIED

10.

Update on RMA Reform

Mr Ide updated the Committee on the Government’s work programme regarding reforms of the resource management system, particularly amendments to the Resource Management Act (the RMA). Mr Ide stressed to the Committee the report was only staff’s understanding of the Government’s proposals for further reforms based on Ministerial announcements and various other publicly available information.

Mr Ide advised that the Resource Management Reform Bill 2012 was released in December 2012 and Council did make a submission on elements of the Bill. If the Bill does pass its third reading then it would become law with some amendments becoming effective immediately and others after a 3 month lead in time.

Following discussion on Section 32 proposals which would most relevant to the Regional Planning Committee, Mr Ide confirmed that Section 32 only applied when a Plan is being developed or there was a Plan Change.

The Committee continued to discuss S32 amendments in particular Clause 69 around the Bill’s explicit requirement for evaluation of economic benefits which could be gained from Plans.

The Committee also discussed the timeframes set by Government for the submission process and agreed that a letter be forwarded outlining Council’s concerns re short timeframes for preparing submissions often precludes those submissions being fully considered by the Regional Planning Committee as co-governance decision-makers on resource management matters in Hawke's Bay.

Following a suggestion that any Council submissions be forwarded to Councillors for their input prior to the closing date, Mrs Lambert confirmed that this could be done but noted that currently all staff submissions on legislation Bills are forwarded to Councillors for their information and confirmed at the next closest Council meeting.

RPC20/13

Resolutions

That the Regional Planning Committee:

1. Receives the report titled ‘Update on Resource Management Reforms’.

2. Conveys to the Minister for the Environment, Council’s objections to the short time frame for the preparation of submissions.

Rose/Scott

CARRIED

11. General Business

Item Topic Councillor / Staff

1. “Making Good Decisions” Course Councillor Scott

Mr Ide advised that the next course would now not be held until early 2014 following the cancellation of the August course by Opus Business School who now has the contract to provide the course on MfE’s behalf.

Following general discussion and concern, the Committee considered it necessary for a course to be held in Napier in the near future as there had been a lot of interest from Committee members to participate in the course. It was also important with Local Body Elections on the horizon that there be trained Commissioners in the region.

A letter outlining concerns would be forwarded to Opus.

2. Coastal Erosion – Clifton Councillor McGregor

Councillor McGregor advised he had visited Clifton Motor Camp recently and outlined the area as he viewed it.

Mrs Lambert gave an update on Council’s involvement with the consent process. A consent application had been received from HDC for the construction of a temporary seawall – the purpose of it would be to provide access into the camp to removal any remaining facilities. At this time, 2 affected parties had been identified but only 1 had given approval which may result in a limited notification of the consent application.

3. Contorta Mr Nigel Baker

Mr Baker gave a brief outline on the ongoing contorta problems being experienced by East Coast lands Trust and other property owners in the Rangitikei area.

Mr Baker advised that East Coast Lands Trust would approach Council in the future to seek rate
remission on their total blocks in order to fund ongoing control of the plant.

Mr Baker noted that the contorta problem had been an ongoing problem since 1978.

Closure:

Karakia – W Wilson

There being no further business the Chairman declared the meeting closed at 2.25pm on Wednesday, 7 August 2013.

Signed as a true and correct record.

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

Environment and Services Committee Minutes of the Meeting Held 14 August 2013

Attachment 3

1. Welcome/Apologies/Notices

Chairman Rose welcomed everyone to the meeting.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Environment and Services Committee Held on 12 June 2013

ESC17/13 Resolution

Minutes of the Environment and Services Committee held on Wednesday, 12 June 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Wilson/Scott

CARRIED

4. Matters Arising From Minutes of the Environment and Services Committee Held on Wednesday 12 June 2013

From the previous minutes the following points were noted.

· Item 11 RMA delegations & any prosecutions/enforcements - to be added to action items list (Iain Maxwell).

· Item 12 Recognising community achievement – Following a query it was reiterated that, as and when the need arises, recognition would take place. However there was no prescribed method.

Action Items From Meetings

It was noted that the following Action from Regional Council meeting of 29 May 2013 was still outstanding - Requests that staff provide a report to the Environment and Services Committee, updating Council on the latest science on Climate Change and how it can actively mitigate against it by reducing CO₂ emissions. To be added to action items list (Iain Maxwell).

ESC18/13

Resolution

1. That the Environment and Services Committee receives the report “Action Items from Previous Meetings”.

Scott/Wilson

CARRIED

6.	Call for General Business
	Councillor Gilbertson - Cadmium in our soil letter from Forest & Bird.

7.	Notice of Motion: Cr M Douglas
	The Notice of Motion was received, moved by Councillor Douglas and seconded by Councillor Remmerswaal. · Councillor Douglas presented his paper outlining for the Committee his reasons for submitting the Notice and providing examples of stock in waterways. He acknowledged there were issues to be managed, however stated it was important to lead by example when we are expecting others to follow. · Mr Adye, Group Manager Asset Management advised there was some grazing associated with the Upper Tukituki Scheme, Karamu Scheme and Heretaunga Plains rivers. But advised that there were very few areas in all of these where cattle could access the waterways. He agreed that access to rivers by cattle needed to be stopped and explained that significant work had been done to achieve this. · Darren Gorst – Team Leader Operations provided the Committee with a short powerpoint highlighting how Council manages stock grazing in Regional Council controlled berm areas. He gave an explanation of how the edge protection zones are fenced and planted. The following points were noted: o On the Heretaunga Plains Scheme – rivers, only 7 kms of river was not fenced, from the Chesterhope bridge to Awatoto. o Cattle are easier and cheaper to manage than sheep. Sheep need more extensive fencing and do more damage to our edge protection zones. o The entire fencing network is inspected every two weeks which equates to a cost of approximately $11k per annum. o Vandalism can be a problem with fences being cut; the stock owners are quick to advise when this does happen. Cost of fence maintenance approximately $25k per annum.
	Due to the presentation scheduled for 11.00 am this item was left on the table.
	Meeting adjourned at 10.45 am and reconvened at 11.00am.
	11.00 am Peter Winder presentation: Potential Costs and Savings of Local Government Reform in Hawke’s Bay Report The Chairman welcomed Mr Winder to the meeting. Mr Winder gave the Committee a powerpoint presentation providing an overview of his report. The report highlighted the potential for savings in roading expenditure to be the biggest unknown from any of the three different amalgamation scenarios looked at. The Chairman thanked Mr Winder for his presentation.

Councillor Kirton exited the meeting at 11.50 am.

Verbal Update on Oil & Gas Exploration Discussions Throughout Hawke's Bay

Michael Bassett-Foss provided the Committee with an update on the work he had been involved with relating to Oil & Gas exploration discussions in Hawke’s Bay.

ESC19/13

Resolution

1. That the Verbal Update on Oil & Gas explorations discussions throughout Hawke’s Bay be received.

Gilbertson/Scott

CARRIED

7. Notice of Motion: Cr M Douglas – (Resumed)

The Committee resumed its discussion on this item.

ESC20/13 Resolutions

1. The Environment and Services Committee receives the Notice of Motion.

Douglas/Remmerswaal

CARRIED

The Environment and Services Committee recommends that Council:

2. 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.

3. Requests a staff report on stock exclusion issues in regard to the sites where Council permits stock into areas where water access is possible. This report will propose a programme to exclude cattle as soon as possible from areas where access is possible, and the cost implications, allowing for a situation consistent with guidelines to farmers re stock exclusion.

Gilbertson/Scott

CARRIED

Open Spaces Projects and Funding

Mr Adye provided the committee with an update and asked Council for direction on how they wanted to proceed. The following comments were noted:

· Tukipo wetland still in place however looking at alternatives for its use.

· Region short on areas available for coastal camping.

· All current open spaces are well used.

· Provide clarification on the figures noted for HB Museum (ACTION)

· The cross-agency $23m value includes the Hastings I-WAY network.

· Another 3 – 5 years before information available on whether Manuka planting at Tutira will provide a good rate of return, however it has long term potential for “The Trees on Farms” concept.

· Note the Open Spaces policy and strategic goals was developed in 2008.

· The Committee agreed that this issue should be put before the Council after the October elections.

ESC21/13

Resolutions

That the Environment and Services Committee:

1. Receives the “Open Spaces Projects and Funding” report.

2. Notes that approximately $800k remains within the $7.5m borrowing facility Council established in its 2009/19 LTP for community infrastructure and open spaces.

3. Notes that staff expect to present a Parks Network Plan for Council consideration later in 2013.

4. Notes that HBRC has significant financial commitment to maintain existing open space facilities and as yet the full extent of this commitment is not included in Council’s annual budgets.

5. Notes that the Report and Parks network plan be brought to the new Council.

Scott/Dick

CARRIED

12.

Statutory Advocacy Update

Esther-Amy Bate outlined the highlights in her report and the following comments were noted:

· A Hearing date of 22 August 2013 had been set in relation to the Resource Consent Application by Silverhill Trustees Ltd.

· Te Mata Park Trust Board Visitor Centre still awaiting resource consent from HDC.

ESC22/13

Resolution

1. That the Environment and Services Committee receives the Statutory Advocacy Update report.

Scott/Wilson

CARRIED

Meeting adjourned at 12.30 pm and resumed at 1.00 pm

11.

Verbal Update Coastal Water - Science Team

Oliver Wade, Environmental Science, Water Quality & Ecology and Shane Gilmer, Resource Technician, Water Quality & Ecology provided the Committee with an update. A short powerpoint was shown and the following was highlighted:

· Recently installed marine Buoy is situated out from Tangoio, providing a warning of events and allows for tracking. Takes measurements at different depths. Data from buoy is also being corroborated with satellite information coming from the Cawthron Institute.

· An example of this was shown. Turbity measures water clarity, conductivity measures salt water contact. Chlorophyll A picked up showing a phyto plankton bloom at end of July.

· Following a question on what the information will be used for Mr Wade advised that over time Council will gain a more informed understanding on marine water quality. Giving better information of the interface between land and sea and would ultimately have input into Plan Change work.

· The reason for its current location was provided – easy to access, not impacted by large swells, away from shipping lines and away from direct fresh water outlets.

· The buoy has the capability to provide further data and enhancements will be added when funding permits.

Shane Gilmer provided an overview on how we measure and monitor recreational water quality. The following points were noted:

· Currently 36 sites are sampled throughout Hawke’ Bay from Rivers, Lakes, Estuaries and Coastal. He noted that the water quality for our rivers was excellent and safe for swimming.

· Faecal source tracing at Waipatiki stream had highlighted the cause as water fowl, other than ducks. Good prognosis to see it had not been caused by human waste.

· The faecal tracking technology will now move to Mahia and Mahanga.

· Following a question on whether this could be used at Clive Mr Gilmer advised yes and that samples had been taken, however no exceedances were reached so no testing was carried out.

· It was questioned why we are not measuring for cyanobacteria in Tutira? It was advised staff are guided by MFE guidelines as to what gets measured.

· It was acknowledged that different bacteria’s in Lake Tutira was challenging and impacting the water quality of the lake.

· The Committee agreed it was a particularly good result for Waipatiki.

ESC23/13 Resolution

1. That the verbal update on Coastal Water be received.

Gilbertson/McGregor

CARRIED

10.

Verbal Update on the Tukituki Water Permit Renewal Process

Mr Malcolm Miller, Manager Consents provided an update on water take consents currently being processed. The following comments were noted:

· A total of 57 consent applications had been received for surface water and stream depleting groundwater takes.

· Staff had been out in the catchment providing information to consent holders.

· A total of 46 consents were notified.

· Fish & Game Hawke’s Bay had lodged a submission against the consent applications. Mr Miller advised that Council staff were trying to meet with Fish & Game to discuss this. Staff would prefer that the substantive flow and allocation issues are addressed once at the Plan Change hearing. The aim was to manage these consents through to the new Plan Change approach once it was finalised, and it was considered this could be achieved without going to a hearing, if F&G were willing.

· It was noted that any water consent takes less than 1 litre per second were being processed as non-notified. Group work costs would be shared.

· A neutral submission was received from DoC, Mr Miller noted he believed DoC were comfortable with the water being allocated as per previous consents until the new plan provisions were brought into effect.

· It was noted that the life of new consents would be between 5 and 10 years. While it was questioned whether these should be put on hold until the plan change was through in April 2014, staff believed it was unfair to leave consent holders with that level of uncertainty.

· A review of conditions would be allowed for should the final Plan Change require it.

· Following a question on whether Officers or Councillors would be better placed to deal with putting the consents on hold to await the completion of the Plan Change Mr Miller agreed talk to Iain Maxwell.

ESC24/13

Resolution

1. That the verbal update on the Tukituki Water Permit Renewal process be received.

Douglas/Wilson

CARRIED

13.

General Business

Item	Topic	Councillor
1.	Cadmium in our soil - Councillor Gilbertson advised he had received a letter from CHB Forest & Bird however had not yet had a chance to respond.	Tim Gilbertson

14. Confirmation of the Public Excluded Minutes of the Environment & Services Committee held on 12 June 2013

ESC25/13 That the Environment & Services Committee excludes the public from this section of the meeting, being Agenda Item 15 Confirmation of the Public Excluded Minutes of the Environment & Services Committee Meeting Held on 12 June 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.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Confirmation of the Public Excluded Minutes of the Environment & Services Committee held on Wednesday 12 June 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.

Gilbertson/Wilson

CARRIED

15. Confirmation of the Public Excluded Minutes of the Environment & Services Committee Held on 12 June 2013

ESC26/13 The Public Excluded Minutes of the Environment & Services Committee meeting held on Wednesday, 12 June 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/Wilson

CARRIED

16. Matters Arising from the Public Excluded Minutes of the Environment & Services Committee Meeting Held on 12 June 2013

There were no matters arising.

Resolution

ESC27/13 That the meeting moves out of Public Excluded session.

Gilbertson/Dick

CARRIED

The meeting went into public excluded session at 1.55 pm and out of public excluded session at 1.58 pm.

In summing up Chairman Rose noted that this would be the last meeting of this Committee for the current triennium. He thanked a number of people including the Māori Committee representative, Mr Puna for his input and support. He also thanked the press and the committee secretary for her support to the Chair. He acknowledged Mr Adye for his continued support and pass on his thanks to the staff.

Thanked Councillors Remmerswaal and Kirton for their support and wished them well for the future.

Closure:

There being no further business the Chairman declared the meeting closed at 2.00pm on Wednesday, 14 August 2013.

Signed as a true and correct record.

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

Maori Committee Minutes of the Meeting Held 27 August 2013

Attachment 4

1. WELCOME/APOLOGIES/NOTICES

KARAKIA – H HILTON

Chairman Mohi welcomed all present to the meeting and extended a warm welcome to Dr Benita Wakfield.

Mr Paku advised he would leave the meeting at 12.00 midday to meet another commitment.

MC16/13 Apologies were received from Messrs P Prentice and M Apatu and Councillor F Wilson.

McGregor/Hilton

CARRIED

2. CONFLICT OF INTEREST DECLARATIONS

There were no conflicts of interest declared.

3. Short Term Replacements

MC17/13 Resolution

The Maori Committee agrees that:

Dr B Wakefield and Mr S Haraki be appointed as members of the Maori Committee of the Hawke’s Bay Regional Council for the meeting of Tuesday, 27 August 2013 as short term replacements on the Committee for Mr P Prentice and Mrs M Hammond.

Mohi/Hilton

CARRIED

4. CONFIRMATION OF MINUTES OF the Maori Committee held on 25 June 2013

Minutes of the Maori Committee held on Tuesday, 25 June 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record following amendment.

5. Matters Arising from Minutes of the Maori Committee held on Tuesday 25 June 2013

9. Update on Current Issues by the General Manager – Operations – Plan Change 6

Councillor Gilbertson advised that farmers had voiced concerns that the estimated cost of fencing under PC6 for the Tukituki catchment could be well in excess of the Council’s estimate which could then result in higher fencing costs in 2017 when the rules would be introduced.

Call for General Business Items

1. Participation of Tangata Whenua/Cultural audit

2. New Māori Committee post October Elections

Action Items from Previous Maori Committee Meetings

Chairman Mohi updated the Committee on the Action item listed.

MC18/13

Resolution

1. That the Maori Committee receives the report “Action Items from Previous Maori Committee Meetings”.

Mohi/Paku

CARRIED

Ngati Kahungunu Iwi Incorporated Marine and Freshwater Fisheries Strategic Plan

Mr Ide spoke to the Committee on the Kahungunu ki Uta, Kahungunu ki Tai, Marine & Freshwater Fisheries Strategic Plan lodged by Ngati Kahungunu on 14 June.

Mr Ide outlined the key implications of Kahungunu ki Uta, Kahungunu ki Tai, Marine & Freshwater Fisheries Strategic Plan for Council’s activities and responsibilities and noted that Council was being asked to consider receiving the document under the IHMP process so that the document could be taken into account as part of Council’s future planning and decision-making processes.

Mr Ide noted that Council considered that the Strategic Plan was orientated toward commercial and customary fisheries which MPI (Ministry of Primary Industries) and DoC (Department of Conservation) were largely responsible for, with Council not having a key role in fisheries regulation. However, Council has and will continue to work with Ngati Kahungunu and their initiatives as that would assist in Council’s advocacy role.

The Committee discussed the Strategic Plan and noted that members considered that there was a need for increased communication with all rohe when drafting this type of plan. It was suggested that there were implications for all Taiwhenua and that this Strategic Plan should be tabled at all Taiwhenua meetings for further discussion and input from Taiwhenua groups.

The Committee also noted that this Strategic Plan had first been drafted in 2008 and one of the key points that should now be considered was the position of the treaty claimant groups (LNG) and how changes in the future would reflect on them.

Following further discussion, the Committee agreed that the Strategic Plan should not be received at this time and instead be referred back to Ngati Kahungunu Iwi Incorporated for further consultation amongst Taiwhenua and the LNG for their input.

MC19/13

Resolutions

The Maori Committee recommends that Council:

2. Refers the Kahungunu ki Uta, Kahungunu ki Tai, Marine & Freshwater Fisheries Strategic Plan back to Ngati Kahungunu Iwi Incorporated for further widespread distribution amongst Taiwhenua to receive their input.

Paku/Gregory

CARRIED

9.	Update on Current Issues by the Interim Chief Executive

Mrs Lambert updated the Committee on current issues.

Plan Change 6

EPA received 398 submissions with further submissions on the Plan Change only closing on 30 August.

Bids had been received from Bouygues Construction and OHL-Hawkins Joint Venture to design and build the dam. These are currently being assessed however it will be a number of weeks before a decision is reached.

Ongoing discussions with potential investors are proceeding well.

Bridge Pa

A hui will be held tomorrow to discuss water flows in local streams during several months of the year in the Bridge Pa area.

It is hoped that following the hui, there will be opportunities to attempt to mitigate some of the issues that have been occurring.

Irrigation Issues in Twyford

Concern has been expressed via the media regarding Council’s input around the irrigation issues in Twyford.

Council has ndeed been working alongside the Twyford Irrigators Group to investigate the issues around minimum flow levels to avoid ongoing problems in the future. Following the Twyford hearing, a global consent had been investigated for the area.

The area is covered by the TANK plan change (Tutaekuri, Ahuriri, Ngaruroro, Karamu) and the stakeholder Group for the Plan Change is fully aware of the social and economic impacts for the area.

Māori Committee Post Election

A paper will be discussed at the Corporate and Strategic Committee around Council’s proposed new Committee structure following the Election.

It is suggested that the Māori Committee be re-established at the start of the new triennium but with a review as to its continuance to occur by June 2014.

Mrs Lambert thanked the Committee members for their dedication, openness, honesty and commitment shown to Council during the last 3 years.

Chairman Mohi acknowledged councillors Scott, Remmerswaal, Gilbertson and McGregor’s contributions as members of the Māori Committee with a special thanks to Councillor Remmerswaal for her ongoing enthusiasm and participation in Māori activities.

MC20/13

Resolution

1. That the report be received.

Mohi/Remmerswaal

CARRIED

10.

Verbal Update Coastal Water - Science Team

Mr Gilmer gave a short powerpoint presentation which outlined the processes for the taking of recreational water quality samples.

Mr Gilmer advised that there are 36 sites in the region – lakes, coastal and estuaries – where monitoring takes place and data is collected around bacteria levels. If levels are above the acceptable level and there is a public health risk, the HB District Health Board becomes involved.

Mr Gilmer also advised that the water quality in the region’s rivers was excellent and safe for swimming and although agricultural runoff was the main issue exceedances mainly occurred after heavy rain events with the bacteria levels normally dropping away after 24 hours.

Mr Gilmer noted that it was hoped that the faecal tracking technology would be used at Mahia this summer to identify any issues, in particular vegetative bacteria, prior to the area being hooked up to the new wastewater system.

In response to a question, Mr Gilmer confirmed that funding difficulties was the main reason why the technology was undertaken in site specific areas.

Mr Wade also gave a powerpoint which illustrated the uses of HAWKi, a marine buoy recently installed of the coast at Tangoio. The buoy provides two types of information; weather conditions and water temperature, and provides HBRC with continuous data on water quality parameters in the Bay.

The presentation also illustrated a phyto plankton bloom towards the end of July which the buoy had measured, and a comparison was shown with satellite information from the Cawthron Institute.

Mr Paku left the meeting at 12.00 midday

Mr Wade advised that the buoy would provide 6 weekly water quality samples, and provide valuable information around the natural processes occurring in the Hawke Bay coastal waters. Data could be used to validate remote sensing data and data is held for 10 years to assist in ongoing trend analyses.

Responding to a question, Mr Wade confirmed that this data is available on Council’s website.

MC21/13

Resolution

1. That the verbal reports be received.

Hape/Gregory

CARRIED

11.

Statutory Advocacy Update

Ms Bate presented the Statutory Advocacy report and updated the Committee on the current status of activities listed.

MC22/13

Resolution

1. That the Maori Committee receives the Statutory Advocacy Update report.

Hape/Gregory

CARRIED

12.

General Business

Item

Topic

Councillor / Staff

Participation of Tangata Whenua/Cultural audit

Dr Wakefield discussed ways to improve cultural values during Plan preparations and suggested Council look at cultural monitoring systems by way of a cultural audit.

Mrs Lambert confirmed that Council has regular contact with iwi however it was hoped that additional assistance in the future would be advantageous both to Council and iwi.

B Wakefield

New Māori Committee post October Elections

Mr Moule advised that he would notify Taiwhenua in the near future advising that nominations are sought for the new incoming Māori Committee and the various standing committees following approval by the Council.

V Moule

Closure:

Closing Prayer: H Hilton

There being no further business the Chairman declared the meeting closed at 12.20pm on Tuesday, 27 August 2013.

Signed as a true and correct record.

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

Regional Transport Committee Minutes of the Meeting Held 30 August 2013

Attachment 5

1. WELCOME/APOLOGIES/NOTICES

Chairman Dick welcomed all present to the meeting and noted that as the result of new legislation and subsequent amendments to the makeup of the Committee, only agencies that make a funding contribution would be included in future, however the option of appointing non local government members to the Committee remains open to Council under the provision of the Local Government Act 2002.

Resolution

RTC8/13 That the apologies from Messrs M Mohi, C Bain, J Emmerson, C Wallace, M Clews and Councillor L Remmerswaal be received.

Kerr/Probert

CARRIED

2. CONFLICT OF INTEREST DECLARATIONS

There were no conflicts of interest declared.

3. Short Term Replacements for the Regional Transport Committee

RTC9/13 Resolution

1. That Andy Sloane be appointed as a member of the Regional Transport Committee of the Hawke’s Bay Regional Council for the meeting of Friday, 30 August 2013 as a short term replacement on the Committee for Inspector C Wallace.

Furlong/Probert

CARRIED

4. CONFIRMATION OF MINUTES OF the Regional Transport Committee held on 17 May 2013

RTC10/13

Resolution

Minutes of the Regional Transport Committee held on Friday, 17 May 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed.

Kerr/Kingston

CARRIED

5. Matters Arising from Minutes of the Regional Transport Committee held on Friday 17 May 2013

There were no matters arising from the minutes.

Action Items from Previous Regional Transport Committee Meetings

Mayor Probert updated the Committee on progress with SH38.

Mr Cox reported residents in the area of SH38 still did not have an understanding that the highway was not the responsibility of Wairoa District Council and that because it was a state highway it was the responsibility of the New Zealand Transport Agency (NZTA).

A suggestion was made that NZTA publish an article in the local Wairoa papers about their responsibilities in the area which could help resolve many issues perceived by the community.

Mr Cox advised that complaints had been received from residents about dust levels. In response Mr Dowdell updated the Committee on actions NZTA had taken to alleviate the dust issues on SH38. The red metal used had reduced the movement of dust however machinery was required frequently to lay the red metal.

RTC11/13

Resolution

1. That the Regional Transport Committee receives the report “Action Items from Previous Regional Transport Committee Meetings”.

Probert/Kerr

CARRIED

Mrs T Ashworth joined the meeting at 10.35am.

Consideration of General Business Items

1. Napier Public Transport Services

2. Community at Risk

Hawke's Bay Trails - Marketing and Communication Plan

Mr Broadley presented the Asset and Marketing Plan for the Hawke’s Bay Trails to the Committee. The Plan had been discussed at the previous meeting on 17 May 2013.

Mr Broadley acknowledged the work undertaken by all Councils in the region on the HB Trails and noted that new initiatives were always being considered to focus and build on tourism and marketing.

The Committee noted that the value of $23M stated in the Executive Summary was based on current prices and included the NZ Cycle Trail projects and materials used on the pathways such as concrete and limestone.

Following discussion by the Committee, concern was expressed by TA representatives that the Asset and Marketing Management Plan had not been presented to their Councils for consideration and a consultation process with Council staff around ownership of ongoing maintenance had not been completed.

The Committee agreed that the agenda item would lay on the table for further consideration by the incoming Regional Transport Committee.

A request was also made for toilet locations to be marked on the cycle trail maps.

RTC12/13

Resolution

1. That the Regional Transport Committee agrees that Asset and Marketing Plan for the Hawke’s Bay Trails lay on the table.

Furlong/Kerr

CARRIED

Key Project Updates - Regional Land Transport Programme

Mr Pannu, Hastings District Council (HDC) gave a presentation outlining the collaborative project process; a detailed view of the land involved; a current cost estimate; and other factors which had influenced the estimated cost for the Whakatu Arterial Project.

Mr Pannu advised that many issues which concerned the Māori community at Whakatu had been noted along with other concerns which had been voice by various organisations and said that in his opinion, the process had been extremely successful.

Mr Pannu advised that the current estimate was for a total price of $19.748M, with the HDC local share being $5,829,108 and NZTA share of $13,918,892 and that this project had been given “Probable” funding status priority in the National Land Transport Programme and would be funded from the region’s R funds.

Responding to a question, Mr Pannu said speed limits had not yet been considered however at this point there were several speed limits attributed to different roads within the planned area and would be considered as part of a project HDC was undertaking to look at speed across the district.

Mr Barnett, New Zealand Transport Agency (NZTA), then gave a presentation illustrating the proposals for the HB Expressway and the Pakowhai Links Road Intersection project noting that the current estimate had come in at $7.536M, this was a variance of $1.050M from the NLTP estimate of $6.486M.

Mr Barnett explained the reasons for the cost increase which included ground conditions being significantly worse than what would be reasonably expected; project outcomes including safety issues; efficiency; ongoing walking and cycling projects; and confirmation of a future vision which provides stability for neighbours on property boundaries.

Responding to a question, Mr Barnett advised that in the estimates there were some buffer zones for consideration of further cycleways in the future.

Mrs Gilbertson also explained how the two projects would impact on the region’s R funds and noted that following the revised costs outlined to the Committee the top projects in the RLTP funded from R funds – i.e. Whakatu Arterial Link, HB Expressway – Pakowhai & Links Road, SH2 Napier Road intersection and the Ford Road extension there would a balance of $3,353,068 remaining in R funds.

Ms Chetwynd advised that NZTA required certainty in relation to the costs for the two projects and the Ford Road extension project had to be lodged before any further determination could be finalised.

Councillor Furlong acknowledged Messrs Pannu and Barnett’s input into the two projects and she was hopeful that there would be the goodwill and sense so that the green light would be given as soon as possible.

Chairman Dick emphasised the importance of the projects for the region and noted that there was no guarantee that there would be a source of R funds in the future and he hoped NZTA would approve them and make them fit within the available funding as the projects had been listed for several years.

RTC13/13

Resolutions

That the Regional Transport Committee:

1. Receives the information on the indicative costs from Hastings District Council for the Whakatu arterial link project and the New Zealand Transport Agency for the Expressway, Pakowhai and Links Road intersection improvement project.

2. Recognises and reinforces the strategic importance of the top projects included in the Regional Land Transport Programme, which are:

2.1 The Whakatu Arterial Link (estimated R Funding of $13,920,000)

2.2 Expressway, Pakowhai and Links Road intersection improvement (estimated R Funding of $7,536,000)

2.3 SH 2 Napier Road extension (estimated R funding $0, as will form part of Whakatu Project)

2.4 The Ford Road extension (estimated R funding of $2,072,000)

3. Confirms its commitment for these projects, acknowledging the cost increases for the Whakatu Arterial Link project; and the Expressway, Pakowhai and Links Road intersection improvement project, noting that the SH 2 Napier Road extension project will form part of the Whakatu project and requests that the New Zealand Transport Agency takes into consideration the view of the Regional Transport Committee when it considers the requests for funding for these top projects.

4. Requests that the New Zealand Transport Agency consults with, and keeps the Regional Transport Committee informed, during its consideration of funding for these projects.

Kerr/Furlong

CARRIED

10.

Public Transport Update

Mrs Welsby provided the Committee with an update on the Regional Council’s public transport services, including trends from May 2013.

Mrs Welsby drew the Committee’s attention to a graph contained within the agenda item which showed that passenger trips from January to July 2013 were approximately 10% higher than during the same time last year.

Mrs Welsby also noted that NZTA had approved a 30 month contract extension which meant that under a contract extension variation agreement Go Bus Transport Ltd would continue to operate the urban bus contract until 30 June 2016.

The Committee noted that there would a second stage of fare increases commencing 1 September in line with the three year fare increase programme Council approved last year. This increase had been widely publicised.

Mrs Welsby also advised that the mobile bus timetable application for smartphone users was proving to be very popular with just over 2500 hits since May with the goBay web pages being the busiest on the HBRC website with approximately 22% of all hits between may and July.

Chairman Dick acknowledged the excellent work undertaken by Mrs Gilbertson and Mrs Welsby on the public transport system in the region and drew the Committee’s attention to the patronage figures which had doubled over the last 5 years.

RTC14/13

Resolution

1. That the Regional Transport Committee receives the Public Transport Update.

Kerr/Chetwynd

CARRIED

11.

East Coast Rail Line - Verbal Update

Chairman Dick gave the Committee a verbal update on the East Coast rail line and outlined ongoing discussions with industry representatives in the region.

RTC15/13

Resolution

1. That the verbal report on the East Coast Rail line be received.

Probert/Furlong

CARRIED

12. Transport Manager's Report

Mrs Gilbertson updated the Committee on relevant transport matters, commented on issues that had been actioned since the last Regional Transport Committee meeting, gave an update from the recent Transport Advisory group (TAG) meeting and outlined the changes to the Regional Transport Committee which included the functions of the Committee which had been narrowed in scope and the membership of the RTC which had been amended.

Mrs Gilbertson provided an update to the Committee on a meeting a number of representatives from Regional Councils had had with the Minister of Transport on Friday, 8 August to discuss regional funding options for land transport activities beyond 2015 after the R funding had expired. Following a request from the Minister, information from each region about major projects is currently being compiled by Taranaki Regional Council and will be presented to the Minister for his further consideration.

Chairman Dick acknowledged the Committee’s gratitude to the Objective Representatives for their excellent input to all meetings over the last three years and hoped that the Advisory Representatives would have the opportunity to represent their organisations in the future.

Mayor Probert acknowledged Chairman Dick’s ability to manage the region’s transport issues over the last three years particularly in light of several major issues before the Committee.

Mr Murray, Objective Representative Access and Mobility said he had found his time on the Committee very enlightening and had no doubt saved much letter writing. The Committee position had facilitated good communication and understanding of issues within the region.

Ms Chetwynd stated that police representative support on the Committee was fundamental.

RTC16/13 Resolutions

That the Regional Transport Committee:

1. Receives the Transport Manager’s report receive the Transport Manager’s report.

Furlong/Probert

CARRIED

2. Recommends to the incoming Transport Committee and the Regional Council that the Transport Committee includes appropriate sector and objective representatives.

Dick/Kerr

CARRIED

13.

NZTA Central Region - Regional Director's Report

Ms Chetwynd provided an update on NZTA’s role in the delivery of the Regional Land Transport Strategy and the National Land Transport Programme in the Hawke’s Bay region.

Ms Chetwynd advised that NZTA CE and Board members would be having a “conversation” with regional representatives following today’s meeting focussing on 2012-15 timeframes, and also key issues being faced by NZTA.

Ms Chetwynd updated the Committee on the FAR (Funding Assistance Rate) review and advised that NZTA was now coming up with suggested funding rates that could be applied and would then undertake further consultation on these, probably during September and October.

In response to a question, Ms Chetwynd advised that robust and transparent data would be required to determine any material difference each region may have which may impact of whether there is a nationwide FAR.

Following further discussion by the Committee concern was expressed at the short duration NZTA hoped to have a decision on the funding rates. In response, Ms Chetwynd stated NZTA expected the new funding rates would be implemented for the 2015-2018 regional land transport programme.

Mr Dowdell then updated the Committee on the current status of regional projects with particular mention of the SH2 Napier to Gisborne Passing Opportunities - three contracts have been let with construction commencing in early August. A ceremonial opening will take place at the completion of the project which is planned for March 2014.

RTC17/13

Resolution

1. That the Regional Transport Committee receives the Regional Director’s report.

Chetwynd/Furlong

CARRIED

14.

Verbal Reports from Objective Representatives

T Ashworth – Objective Representative – Public Health

Mrs Ashworth noted she had found the Transport Manager’s report very helpful.

Recent discussions had been held locally around the child safety restraint changes to be introduced shortly.

B Pritchard – Objective Representative – Environmental Sustainability

Had found his time on the Committee extremely useful and hoped that Objective Representatives would still have a place on the new Committee.

A Sloane – Objective Representative – Safety and Personal Security

Road deaths nationally 172 at this time – Eastern District – 9. This time last year 21 deaths in the region.

Focus on rural drink/drive and speed with spring/summer seasons coming up.

Driver Licensing – not as optimal as in other areas however needs to be an effective strategy to improve the processes.

D Murray – Objective Representative – Access and Mobility

Attention to speed restrictions to increase safety on the roads.

Updated the Committee on initiatives introduced by Peugeot in regard to fuel savings.

K Santer – Advisory Representative – Rail

Increased efficiencies in HB region with the introduction of new locos onto lines replacing the current fleet of 1960 locos.

Petrol efficiencies have been gained within the region and the rail network generally with the introduction of new equipment.

Commissioning problems with the first load of new locos however second load a lot better.

Chairman Dick advised that a letter of congratulations would be sent to Mr John Emmerson, Advisory Representative – Road Transport on his induction into the Hall of Transport Fame in Invercargill.

RTC18/13

Resolution

1. That the verbal reports from Objective Representatives be received.

Probert/Kerr

CARRIED

15.

General Business

Item Topic Councillor / Staff

1. Napier Public Transport Services Mr Les Hewett

Mr Hewett (Napier Connects) outlined to the Committee the purpose of a meeting in Napier on Public Transport Services for the Elderly – Wednesday, 11 September, 1.30 – 3.30pm at the Napier RSA.

Mr Hewett noted that some older people in Napier cannot access public transport for a variety of reasons and it was hoped some solutions may be achieved from the workshop. To date, 30 groups have indicated that will attend.

2. Community at Risk Mr Jamie Cox

Mr Cox advised he had viewed information which highlighted crash statistics and showed that the Wairoa District was the worst district in NZ for crash statistics and the 5^th worst for fatal crashes involving young drivers and 2^nd for rural crashes and hoped there would be an opportunity for RTC to advocate on this.

Mrs Gilbertson noted that the RoadSafe Co-ordinator in Wairoa had had an increase in her hours to help address these issues, and the RoadSafe Governance Committee were very much aware of the difficulties faced by Wairoa.

Closure:

Prior to closing the meeting, Chairman Dick thanked Councillor Furlong for her input into the Committee for the last three years and wished her well in the future as she was not standing for Napier City Council in the 2013 elections. Chairman Dick also wished all election candidates the best of luck.

There being no further business the Chairman declared the meeting closed at 12.45pm on Friday, 30 August 2013.

Signed as a true and correct record.

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

Corporate and Strategic Committee Minutes of the Meeting Held 4 September 2013

Attachment 6

1. Welcome/Apologies/Notices

The Chairman welcomed everyone present to the meeting, this being the last meeting of the Committee for the current 2010-2013 triennium.

Resolution

C&S28/13 That the apologies from Mr Barry Wilson, and Councillors Rose and Kirton for absence; and Councillors Douglas and Remmerswaal for lateness be received.

Scott/Gilbertson

CARRIED

2. Conflict Of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Corporate and Strategic Committee Held on 8 May 2013

C&S29/13 Resolution

Minutes of the Corporate and Strategic Committee held on Wednesday, 8 May 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/McGregor

CARRIED

4. Matters Arising from the Minutes of the Corporate and Strategic Committee Held on 8 May 2013

There were no matters arising from the minutes.

15 Confirmation of Public Excluded Minutes of the Corporate and Strategic Committee Held on 8 May 2013

C&S30/13 Public Excluded Minutes of the Corporate and Strategic Committee held on Wednesday, 8 May 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/McGregor

CARRIED

16 Matters Arising from the Public Excluded Minutes of the Corporate and Strategic Committee Held on 8 May 2013

Ms Lambert provided an update on the status of the Bill, which is now at the final stage of drafting prior to being forwarded to the Legislation Committee.

There were no other matters arising from the minutes.

Call For General Business Items

Progress of LASS Committee – Cr Gilbertson

Collection of Rates Arrears – Cr Gilbertson

Councillor Douglas arrived at 9.05am

Action Items From Previous Corporate and Strategic Committee Meetings

Ms Lambert provided an update on the Actions, including monitoring being carried out of Cadmium levels in soil in relation to this item as well as an item of General Business raised by Councillor Gilbertson at the 14 August Environment and Services Committee meeting.

C&S31/13

Resolution

1. That the Committee receives the report “Action Items from Previous Corporate and Strategic Committee Meetings”.

Gilbertson/Scott

CARRIED

Council Meeting Timetable for Remainder of 2013

Mrs Hooper outlined the basis for the schedule being considered today, including the rationale underlying when particular committee meetings are scheduled.

Councillor Remmerswaal arrived at 9.15am

C&S32/13

Resolutions

The Corporate and Strategic Committee recommends that Council:

2. Confirms the meeting schedule for October – December 2013

3. Recommends the proposed 2014 meeting schedule to the incoming Council for consideration.

Gilbertson/Scott

CARRIED

HBRC Committee Structure for 2013-16 - Proposal to New Council

Ms Lambert provided an overview of the paper.

The focus and role of the Corporate and Strategic committee was discussed, in terms of financial and audit issues and reporting.

It was suggested that the Terms of Reference should specify the subject of items being considered by each committee more so than the name, which couldn’t practically be expanded to include the topics of all of the items that would be considered by a Committee.

C&S33/13

Resolutions

The Corporate and Strategic Committee recommends that Council:

2. Recommends the retention of the current Committee Structure to the incoming Council for the 2013-16 triennium.

McGregor/Scott

CARRIED

9. Code of Conduct for Elected Representatives

Ms Lambert provided an overview of the requirement for Council to adopt a Code of Conduct and what the current Code contained. Suggestions were made that the role and treatment of the Chair in the Code of Conduct should support the provisions in the Standing Orders; and that Councillors representing Council at workshops, seminars or meetings should be reporting back to Council as a matter of course, not only on the Chairman’s request. There was also discussion covering the roles of the Chairman of a Committee.

C&S34/13 Resolutions

The Corporate and Strategic Committee recommends that Council:

2. Recommends the adoption of the attached Code of Conduct by the incoming Council for the 2013-16 triennium, subject to any changes made to enhance the effectiveness of the Code through the development of effective sanctions for breaches.

Gilbertson/McGregor

CARRIED

11.

Update on 159 Dalton Street

Mr Adye provided an update on the legal process for recovering costs, impacted by Herbert’s being placed in receivership. Currently, parties were participating in mediation. Mr Adye also provided an overview of what work had been completed to date and what was still to be carried out.

C&S35/13

Resolution

1. That the Corporate & Strategic Committee receives the “Update on 159 Dalton Street” report.

Gilbertson/Scott

CARRIED

12.

2012-13 Council Human Resources Report

Mr Moule provided highlights from the report, including staff turnover, staff leave balances and health and safety.

Health and Safety processes, policies and requirements in relation to quad bikes were discussed and Mr Moule advised that a review was being undertaken by the Health and Safety Committee.

Redundancy, retirement gratuity and leave payments upon leaving Council’s employ were discussed and the results of the staff survey were also covered in discussion. There was a request for the number of Maori staff to be included in future reports.

C&S36/13

Resolution

1. That the Corporate and Strategic Committee receives the “2012-13 Council Human Resources” report.

Gilbertson/McGregor

CARRIED

13.

Public Transport Update

Ms Gilbertson highlighted a few key points from the report, including passenger number increases, implementing new legislative requirements and the success of the Bikes on Buses initiative.

C&S37/13

Resolution

1. That the Corporate and Strategic Committee receives the Public Transport Update.

Scott/Mohi

CARRIED

The meeting adjourned at 10.30am and reconvened at 10.50am

10.

Sports Park Hawke's Bay Hockey Turf Project Proposal

Ms Lambert introduced the item, and provided an assessment of the project against Council’s criteria for providing the funding requested. HB Hockey, the Regional Sports Park Trust, Napier City Council, and Hastings District Council have provided written support for the proposal. HB Artificial Surfaces Trust has verbally indicated their support, however have not yet provided that in writing.

Hastings Mayor and Sports Park HB Trust chairman Lawrence Yule advised the Trust’s timelines in terms of the granting of funding and start of construction to meet requirements for achieving the International Hockey Event.

Mr Jock Mackintosh, Sports Park HB CEO, spoke of the community support for the project and also the rationale for seeking an additional international standard turf in Hawke’s Bay as well as the potential to grow Hockey in the region. Mr Mackintosh went on to provide an outline of the funding requirements and sponsorship received, and the parties to the international tournament.

There was discussion of the purpose of the fund to provide funding for ‘regional’ facilities as opposed to a local facility.

C&S38/13

Resolutions

The Corporate and Strategic Committee recommends that Council:

2. Approves the release of $2 million funding to the Regional Sports Park Trust for the construction of a Tier 1 hockey facility subject to:

2.1. The funding being released following confirmation in writing of an annual international hockey tournament for the venue (with a minimum commitment from the appropriate sanctioning body of five years); and

2.2. The funding being released following confirmation to the Council in writing of full agreement reached between the Regional Sports Park Trust, HBSEEC and Hockey New Zealand to the staging of the international event.

3. Notes that in the event that the conditions set out in 2.1 and 2.2 above cannot be met the Council will consider its level of financial contribution to a local turf at a future date.

Douglas/Gilbertson

For: Dick, Remmerswaal, McGregor, Gilbertson, Douglas, Mohi, Wilson

Against: Scott

CARRIED

4. Decides to exercise its delegated powers to make a decision that will have the same effect as the local authority could itself have exercised or performed and that the decision deserves urgency.

Dick/Gilbertson

Abstained: Scott

CARRIED UNANIMOUSLY

14.

General Business

Item	Topic	Councillor / Staff
1.	Progress of LASS Committee Request for an update on progress being made by HB LASS	Cr Gilbertson
2.	Collection of Rates arrears Request for an analysis of whether the collection of rates arrears could be coordinated regionally to save debt collection costs	Cr Gilbertson

Closure:

There being no further business the Chairman declared the meeting closed at 11.53am on Wednesday, 4 September 2013.

Signed as a true and correct record.

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

Regional Planning Committee Minutes of the Meeting Held 11 September 2013

Attachment 7

1. Welcome/Apologies/Notices

Chairman Wilson welcomed everyone present to the meeting, this being the last RPC meeting of the current triennium.

Walter Wilson offered the Karakia.

The absence, without apologies, of Councillor Neil Kirton and Mr Nigel Baker was noted.

Apologies for absence from Councillors Murray Douglas and Alan Dick and Mr Karauna Brown and an apology for lateness from Councillor Kevin Rose had been extended.

It was noted that given the sufficient notice of meetings and the importance of the issues being considered, it was expected that apologies would only be made in extraordinary circumstances and that it was very disappointing there were not sufficient members of the committee present to achieve a quorum.

Due to there not being a quorum a move to adjourn the meeting was sought at 1.15pm

After further discussion, however the decision was made by those present to continue the meeting in order to receive and discuss the information prepared for members today although no formal receipt, nor decision would be made.

2. Conflict of Interest Declarations

Due to lack of quorum, this item was not considered and no resolution was passed.

3. Confirmation of Minutes of the Regional Planning Committee Held on 7 August 2013

Due to lack of quorum, this item was not considered and no resolution was passed.

4. Matters Arising From Minutes of the Regional Planning Committee Held on Wednesday 7 August 2013

Due to lack of quorum, this item was not considered and no resolution was passed.

5.	Action Items From Previous Regional Planning Committee Meetings
	Due to lack of quorum, this item was not considered and no resolution was passed.

6.	Call for General Business Items
	Due to lack of quorum, this item was not considered and no resolution was passed.

8.	Tukituki River Catchment Issues - Te Taiwhenua Tamatea Update - Mike Mohi
	Mr Mohi introduced himself prior to providing an update on discussions at the Maori Committee in relation to the Ngati Kahungunu Marine and Freshwater Fisheries Strategic Plan. At that meeting, the Maori Committee resolved to recommend that Council refer the Plan back to NKII for further consultation with iwi and also that the Plan be considered by the Regional Planning Committee. Mr W Wilson provided comment from his perspective that, in principle, the Plan picked up a lot of the generic issues across Ngati Kahungunu, was overall very good, and that the issues had not significantly changed since 2008 when the Plan was developed. Mr Gavin Ide provided an outline of Council requirements under the Resource Management Act and Local Government Act in terms of receiving Hapu/Iwi management plans. Mr Rangi Spooner expressed his view that the Plan needed additional consultation with iwi before being presented to Council. Mr Toro Waaka acknowledged that further consultation and discussion with iwi should have taken place prior to the document being lodged for Council’s receipt. Ms Tania Hopmans expressed concerns that the input from the larger natural groups had not been sought and that the Manugaharuru-Tangitu hapu would not feel comfortable supporting a Plan to which they had had no input. It was clarified that receiving the Strategy would mean that the Council must take the strategy into account when making plan changes or setting policy, while if Council had not officially received the document it didn’t have ‘official’ standing to require that Council consider it.
	Mr Mohi explained the history of the Maori Committee and that the Council would be reviewing the role of that Committee after the upcoming elections. As a member of Tamatea taiwhenua, Mr Mohi provided his understanding of the development of the Ruataniwha Water Storage Scheme and, further, the concept of how the dam came about. Mr Mohi explained his involvement in the process to date in order to put iwi in a place of being able to take best advantage for the benefit of the iwi should the project proceed. There could be significant development in CHB if the water storage project does go ahead, not only during the period of building the dam but also for years to follow with development of the distribution network, ongoing nutrient and farm management and other businesses supporting and/or contributing to the primary sector. It was important to the iwi that they were able to participate in the resulting growth and outcomes, and develop and grow their people to be part of the workforce that would benefit socially and economically.

Greater Heretaunga/Ahuriri Catchment Plan Change Update

Mr Tim Sharp updated the Committee on where the TANK group work had progressed to, to date, and advised that the Group was developing a progress report, which would be finalised before being distributed to the Regional Planning Committee meeting ahead of the 4 December meeting.

It was noted that Fish and Game had not been fully engaged in the Group collaboration.

Collaborative effort will bring the best outcome – is the group’s recently agreed ‘vision statement’ for the work they’re doing.

10.

Resource Management Reform Proposals - Update

Mr Gavin Ide advised that a 20 page summary document of the proposed Resource Management Act reforms was all that had been released, and that no Bill had been produced to date.

Discussions covered:

· What are the implications of the new section 7 “methods” with respect to councils exercising functions under the RMA?

· Are any of the section 6 principles likely to undermine the government’s stated objectives?

· Will each section 6 principle provide certainty to councils as implementer – is it clear and unambiguous? If there is an unacceptable ambiguity is there any better suggestion to offer which still meets the Government’s objectives?

· Will each section 6 principle stand alone and provide sufficient direction without an accompanying National Policy Statement?

· What are the implications that some principles (e.g. amenity values) have been deleted with respect to a council’s functions under the Act? Better wording?

· Is there anything in the obligation to apply ”a broad judgment approach” which would cause operational difficulties to functionaries such as local government that would require qualification or amendment?

· In practice, what are the implications of the new section 7 “methods” with respect to councils exercising functions under the RMA (given they are also referred to other sections of the Act e.g. s 37, 85?)

· Are there particular issues with the wording of some of the methods?

The government’s objectives for the reforms include:

· Enable economic growth while ensuring good environmental outcomes

· Provide an effective and efficient resource management system

· Ensure greater confidence for businesses to grow

· Better management of risk re natural hazard

· Provide greater certainty for communities to plan for their areas of need

· Ensure stronger environmental outcomes

· Water is managed and used sustainably

· A National Planning template containing a common structure, format, definitions and possible content – to be delivered by central government in 2 years time. Local authorities would then be expected to adopt some aspects of the template within 1 year and all aspects within 5 years.

· Local Authorities will be required to incorporate all plans into a single resource management plan using the national template, and adopt that single plan within 3 years for delivery through a website.

· 3 alternative options for plan development are:
1- Schedule 1 with ‘strengthened consultation requirements’
2- Collaborative Planning Process (freshwater mgmt only)
3- Joint Council Planning Process for non-freshwater plan content

Ms Lambert advised that Local Government New Zealand has begun work on submissions to the proposed changes, and is also working with the policy writers on drafting the legislation.

Further discussions continued, covering:

· Collaborative Process for Freshwater – CPP is optional and for “freshwater content” only. Process involves:
- Regional councils appoint collaborative group to deliver consensus report
- Council decides whether consensus report is comprehensive enough to draft plan / plan change
- Plan / plan change must give effect to consensus report
- Submissions and hearings
- Independent review panel reviews plan against the consensus report (Role of “independent review panel” unclear – how does this compare with an independent hearings panel)
- Restricted appeal rights

· Joint Council Planning processes
- Regional and district councils work together to produce an integrated set of plan provisions (not just rules)
- More than just stitching the ‘single plan’ bits together
- cannot be used for freshwater related plan content
- Independent hearing (JCCP prescribes independent hearings panel)
- Panel makes recommendations to council(s?)
- Reduced appeal rights (limited appeal rights depending on response to recommendations)

· Council Planning Agreement – between regional and Tas, and intended to facilitate and clarify development of a single RM plan – to be adopted within 6 months of enactment of reforms and reviewed triennially.

· It was noted that this is the type of (collaborative) work that was carried out through the Heretaunga Plains Urban Development Strategy process.

· Maori participation – Local authorities required to seek and have regard to iwi/hapu views on proposed plans. Hearing/review panels for plan processes will include members with knowledge of tikanga and perspectives of local iwi/hapu (Implications re accreditation requirements for hearings panels to make this work). Local authorities to invite iwi/hapu to engage in collaborative arrangements. “Existing arrangements” under Treaty settlements maintained and can be supplemented by other arrangements.

· Changes to sections 6 and 7 may be amended, as just today the Maori Party and United Future have withdrawn their support for this part of the Bill.

· Goal of government is to have ‘broad overall judgement’ on matters of national importance.

· Section 8 (principles of the Treaty) have not been altered.

There was concern expressed about the submissions process being drawn out and frustrating. The aim of Council’s submissions is always to constructively feed back on ways to successfully implement the legislation.

7.	Regional Planning Committee Annual Report
	It was suggested that email be used as a means of getting amendments to the RPC Annual Report to be processed and agreed by Wednesday 18 September to enable the finalised plan to be adopted for publication by Council at its 25 September meeting. Those members of the Committee present were asked to forward any suggested amendments to Esther-Amy Bate, who would be responsible for incorporating amendments into the document and then forwarding the ‘final’ version to all Committee members for their ‘written agreement’ to the document.
	Due to lack of quorum, no resolution was passed.

12.	General Business
	Due to lack of quorum, this item was not considered.

Due to lack of quorum, no resolutions were passed and the following item was deferred to the next meeting.

11.	Ngati Kahungunu Iwi Incorporated Marine and Freshwater Fisheries Strategic Plan

Closure:

Karakia – W Wilson

There being no further business the Chairman declared the meeting closed at 3.10pm on Wednesday, 11 September 2013.

Signed as a true and correct record.

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

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 25 September 2013

SUBJECT: Significant Initiatives Update

Reason for Report

1. Significant Council resources are being directed toward various initiatives which reflect the Council’s evolving agenda and it is considered important that Council is more consistently informed on progress in areas that have a high external profile.

Water Metering

2. The RMA regulation “Measuring and Reporting of Water Takes 2010” requires water meters to be installed on all takes 5 L/s or greater by certain dates. The date by which installation is required is determined by the size of the take, with larger takes targeted first by the regulations. The table below shows the number of consents affected by the regulations (i.e. those that did not require a meter as a consent condition), as well as the number of consents that required metering as a consent condition.

Date identified by regulation	Rate of take (L/s)	Number of meters required by RMA regulation		Required by consent	Total number of meters installed
Date identified by regulation	Rate of take (L/s)	Total requiring installation	Number currently not metered	Required by consent	Total number of meters installed
10-Nov-12	>20	438	3	697	1132
10-Nov-14	10-20	453	400	237	280
10-Nov-16	5-10	233	233	68	58
	0-5	0	0	56	56

2.1. The total number of takes that require reporting of water use is approximately 1493.

2.2. Water use is currently reported for 1655 consents.

2.3. Of the 304 consents with rate of take smaller than 5 L/s, 248 are not required to report water take.

2.4. Consent holders who failed to meet the 10 November 2012 deadline for installation of a meter have been referred to the HBRC Compliance Section for follow-up, which may include enforcement action.

3. Methods of reporting include:

3.1. 448 consent holders (representing 693 individual resource consents), are now using the Council’s web entry system to report their water use.

3.2. Consent holders are currently reporting water use for 445 consents via telemetry. Their data are telemetered to the Council and these water use data are available on the HBRC web site for their use.

3.3. Consent holders are now reporting water use for a further 350 consents where portable pumps are being used for abstraction.

3.4. In October 2012 the Portable Pump Program commenced - currently 56 portable pumps are reporting the abstraction associated with approximately 350 consents.

4. The number of consent holders using either telemetry or the Council web entry system to report water use has surpassed the targets for both the 2012-13 and 2013-2014 reporting periods, as indicated in the table below

Target date	Number of consents reporting water use via telemetry or the Council web entry system
Target date	Cumulative target	Actual number
2012-2013	677	1138
2013-2014	1000	1138

Heretaunga Groundwater Modelling

5. Previously the requirements for model development were outlined. They were conveniently broken into three broad categories:

5.1. model objectives (incorporating model conceptualisation, interpretation and prediction)

5.2. information required as model output to answer resource management questions (including sustainable seasonal fluctuation, seasonal fluctuation and localised interference issues, surface and groundwater connection)

5.3. the strategy proposed for model development (including an expert panel discussion, resource procurement and targeted data collection).

6. During the period since July, progress has been focused on item (3) above. A detailed project plan has been deigned, summarised in the Gantt chart below. This preparation has positioned the Science team to host the groundwater model development workshop, which will be held within the next two months.

7. Resource constraints have limited progress since the previous report – these have been overcome and substantial progress with the model development is anticipated in the next three month period.

Tangoio Soil Conservation Reserve

8. The Management Plan for the Reserve is due to be reviewed. This is programmed to be done by the end of the 2013 calendar year and is expected to be brought to Council for consideration and adoption early in 2014.

9. Planning for harvesting of a block of approx 21ha of pines this summer is well underway. Staff are seeking quotations to undertake work necessary to allow logging trucks to exit and enter the State Highway. This work is planned for completion prior to Christmas. Proposals are also being sought for harvesting and timber sale. Proposals will be considered by the Tenders Committee planned for 6 November 2013. Harvesting is planned during the 2013/14 summer with replanting during the 2014 winter.

Forestry Assets

10. Staff are reviewing Council’s portfolio of forestry assets and will prepare a report for Council consideration by end February 2014.

Flood Control and Drainage Schemes

11. Tenders for the manufacture and supply of pipes, and the reconstruction of the Makara No 1 dam have been sought. Tenders for the dam construction close on 18 October 2013. A Tenders Committee meeting is planned on 6 November. A tender report will be prepared for consideration by this Committee. The owner of land affected by the construction works has requested that construction not commence until after Christmas. Construction is therefore planned to commence in late January or February and be completed by April 2014.

12. Staff are reviewing Council’s disaster risk management policies and provisions. A report is being prepared for consideration by Council late in 2013.

Biosecurity

13. Preparation for the review of the Regional Pest Management Strategies has commenced. The programme for completion of these reviews cannot be finalised until new regulations have been passed in accordance with the requirements of the Biosecurity Amendment Act, however consultation with industry groups (particularly with regard to an extension of the Regional Phytosanitary Pest Management Strategy) to increase the range of pests covered has commenced.

Resource Management Plan Changes

14. The table below documents the current status of various Plan Change processes.

Change	Indicative notification timeframe / comments
Regional Coastal Environment Plan	N/A (awaiting Minister of Conservation’s approval of coastal marine area-related provisions before RCEP made operative)
Taharua strategy and plan change for Mohaka River catchment	Ongoing. Council has endorsed a proposal for community engagement around a Taharua/Mohaka ‘Choices’ discussion document early 2014. 2013/14 Annual Plan rescheduled notification of plan change to December 2014.
Built Environment RPS Change (‘Change 4’)	Notified on 7 December 2011. Council’s decisions on submissions issued on 26 March 2013. One appeal lodged by Transpower NZ Ltd against some of those decisions. Change 4 to become operative after that appeal is resolved. Appeal negotiations positive and likely to be resolved before end of 2013 without a formal Environment Court Hearing.
Land Use and Water RPS Change (‘Change 5’)	Notified on 2 October 2012. Council’s decisions on submissions issued on 5 June 2013. Four appeals lodged (Federated Farmers, Hawke's Bay Region Fish and Game Council, Horticulture NZ, and Ngati Kahungunu Iwi Inc). Court-assisted mediation between parties is yet to be scheduled, pending availability of Court mediator and parties’ representatives.
Tukituki Plan Change (‘Change 6’)	Notified on 4 May 2013. 80 submissions received. Ministers of Conservation and Environment have called-in Change 6 and Ruataniwha Water Storage Scheme applications and directed the ‘Tukituki Catchment Proposal’ to a Board of Inquiry. Tukituki Catchment Proposal notified by the EPA. 398 submissions (including the original 80) and 22 further submissions were lodged on Change 6. Board has directed HBRC, HBRIC Ltd and submitters to prepare and pre-circulate evidence prior to hearing commencing. Board’s month-long hearing to commence on 18 November 2013.
Greater Heretaunga / Ahuriri area (aka ‘TANK’ Group project)	Update report was presented to Regional Planning Committee meeting on 5 June 2013. Council has resolved to take an integrated approach to managing the surface and groundwater resources of the Heretaunga zone which includes Tutaekuri and Ngaruroro rivers, Karamu and Clive rivers and the Heretaunga Plains groundwater system. The TANK stakeholder Group has met nine times to date and a field trip has been undertaken. The TANK Group is currently preparing its interim report summarising its discussions and agreements to date. That report will be presented to the Regional Planning Committee in December 2013. Notification of plan change 7 has been rescheduled to December 2016 in the 2013/14 Annual Plan.

Land Management

15. An operational plan for the 2013/14 financial year was adopted by Council at this meeting. The implementation of this plan has commenced.

16. Key areas of work now underway associated with the Papanui catchment as a pilot are:

16.1. A community engagement process involving farmers and iwi.

16.2. The development of a P risk matrix.

Heat Smart

17. The HeatSmart programme has processed applications for 626 grants and loans since 1 July and numbers are consistent with winter peak demand for service. Financial forecasting will be completed by November.

2013	July	August	September < 17.9.13	Total
Clean Heat	186	189	95	470
Insulation	89	49	18	156
	275	238	113	626

Open Spaces

18. Part two of the Regional Parks Network Plan is under development. This will establish objectives, policies and methods for the management of the overall Open Space areas and will provide the framework for the development of individual management plans for each of the open space areas.

19. An asset management plan is being prepared for HBRC pathway assets. This will be presented to Council for consideration and adoption late in 2013.

Treaty Settlements

20. HBRC continues to engage with the Crown and Treaty claimant groups on matters pertinent to the Regional Council. Key developments since the last update have been the signing of the Deed of Settlement by Maungaharuru-Tangitu Iwi Inc on 25 May 2013 and the finalising of the draft legislation to establish the Regional Planning Committee as a permanent committee. Council is party to negotiations underway between the Crown and Mana Ahuriri and it is anticipated that a paper will be brought to Council on matters covered by this early in the next term.

21. The Regional Planning Committee’s Annual Report of activities during the April 2012 to June 2013 period has been drafted and is included in this agenda for adoption by Council.

Strategic Alliance with Department of Conservation (DoC), Greater Wellington, Horizons and Hawke’s Bay Regional Council (Nature Central)

22. A work plan has been agreed between the parties for the 2013/14 financial year and is being implemented. Restructuring in Department of Conservation has had some impact on the project.

Decision Making Process

23. 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 ‘Significant Initiatives Update’ report.

Mike Adye

Group Manager

Asset Management

Helen Codlin

Group Manager

Strategic Development

Iain Maxwell

Group Manager

Resource Management

Liz Lambert

Interim Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 25 September 2013

SUBJECT: Council's Water Management Framework Under Drought Conditions

Reason for Report

1. As a result of the 2013-14 Annual Plan submissions, councillors sought an update on work programmes associated with taking forward the use of alternative methods of managing irrigation water resources put forward by submitters to the Annual Plan – such as using rostering and rationing, global consents, user groups, etc.

2. Subsequently, at the Council meeting on 28 August 2013, the following was resolved.

“In relation to the Action Item “to provide an Update on Work Programmes associated with taking forward the use of alternative methods of managing irrigation water resources put forward by submitters to the Annual Plan – such as using rostering and rationing ,global consents, user groups, etc” from the 31 July 2013 Regional Council meeting:

2.1 Advises staff that the item is now considered to have a higher urgency and before the next season is to commence, a report is requested for the next Council meeting and to cover inter alia:

2.1.1 ‘work around’ options within the existing consents and Rules that may allow grouping of consents (Global consents or ‘soft stops’ as option) for irrigators and irrigator groups to access to real time data to manage global allocations when lower flows are predicated to maintain crops and especially crop survival

2.1.2 Processes and options to engage irrigators and irrigator groups in a staged reduction profile that minimise drought effects on land and water including proportionality alternatives

2.1.3 Temporary allocation transfers within existing Rules to augment takes

2.1.4 Sustainable augmentation options (using aquifer water or limited storage) particularly in streams where low flow was experienced in 2012/13 to minimise the effect of low flows

2.1.5 Update of the water model using information from the 2012/13 season and advising on the issues around perceived over allocation and informing the TANK process- and open information to irrigators to manage water needs.”

3. The report has been prepared in response to the initial request, and to complete the picture with specific information requested in the resolutions above.

4. Given that the request follows the impact of water take restrictions on users in the Twyford area (specifically the Twyford Irrigator Group or TIG), rather than look to consider the entire region this report focuses on the Twyford area but acknowledges the impact that water take restrictions have on users in all parts of the region and the relevance of this discussion to water management generally throughout the region.

5. It is important to state up front that the impact of the 2012-13 drought and the corresponding water restrictions on some growers in the area was significant both in terms of the loss of production and the serious and ongoing financial hardship. This report recognises that and is aimed at briefing council on actions staff took to alleviate these matters at the time and to then clarify what actions are occurring now and will occur in future to confront and address the water management challenges in the Twyford area of the region.

6. It is important to note that there are some 1,770 consented water takes from the Heretaunga Aquifer. Of these 38 are tied to a minimum flow in the Ngaruroro River at Fernhill of 2,400 L/s. These consents were the ones significantly affected by the 2012-13 drought.

7. In addition to addressing the forward-looking or solutions-focused matters outlined above, the report provides background and context to the situation as it unfolded over the 2012-2013 summer. In particular it considers:

7.1. The climate at the time

7.2. The hydrology

7.3. National and regional policy and legislation frameworks

7.4. What consents were issued and their conditions

7.5. What the irrigator community sought

7.6. How HBRC responded both from a consenting and science perspective

Background

Summer of 2012-13 in summary

8. The summer was characterised by a sustained period of large blocking anticyclones that covered much of the country. The result of this was that usual moisture-laden westerly fronts were unable to cross the country and generate rainfall in the central ranges of both islands.

9. A review of the return period of this pattern of weather indicates that it is an event we might expect to see occur about 1 in 35 years. The following figure highlights how little rain fell throughout the region but more significantly how little fell in the headwaters of most catchments.

Hydrology of the Ngaruroro River

10. It is important to consider the context of flows in the Ngaruroro catchment over the 2012-13 summer. An examination of the flow record reveals signficant matters that might indicate that the current water management approach is working and also that the season was an extreme.

11. The Ngaruroro River originates in the heart of the Kaimanawa and Kaweka Ranges. This is significant in terms of the ability for this catchment to receive rainfall at times when the majority of the eastern part of the North Island is not. In particular the top of the catchment intercepts the typical moisture-laden westerly fronts that periodically cross New Zealand in summer. The resulting rainfall occurs in the upper part of the catchment and contributes significantly to flows downstream. As the following hydrograph of the Ngaruroro at Fernhill shows this will result in minimum flows in the lower river being avoided for the majority of the time. It shows that in a ‘normal’ year (2010) flows during the summer were high throughout all but a short period in early autumn.

12. It is significant that during the summer of 2012-13 rainfall in the top of the catchment did not occur. This was a driving factor in creating the extended period of sustained low flow.

13. Whanawhana is the site that provides HBRC with the longest and most reliable flow record. Some key aspects of that flow record are examined.

14. We compared low flow seasons (1 Nov to 30 April) across the years of available record. There is 50 years of flow record (audited record 1961 to 31 Dec 2012, with 2 years omitted, plus 2013 data).

15. 2013 was the lowest flow on record in terms of minimum flow (7 day mean), and mean flow for entire season (mean Nov-Apr). 1983 was 2^nd driest, 2008 was 4^th driest.

16. We compared the number of days per year below 6,000 L/s for Ngaruroro at Whanawhana. The level was chosen as it closely represents the flow at which Fernhill as at or about its current minimum flow of 2,400 L/s.

16.1. On average there are 1.5 days per year (1962-2012) below 6,000 L/s

16.2. 1983 had 27 days in the year

16.3. 2013 had 61 days in the year.

17. The following hydrograph of flows in the Ngaruroro at Fernhill shows a comparison of two significant regional droughts, 1982-83 and 2012-13. It can be seen that even in the 82-83 drought there were some periods of high flow during the summer, most likely a result of rain in the upper catchment. It is also significant that during the 82-83 drought the Ngaruroro virtually stopped flowing. During the 2012-13 summer, with irrigation bans in force, flows were very low but the river continued to flow therefore providing some habitat to instream species.

18. If we consider a ‘snapshot’ of flows at Fernhill over the past 13 years it is clear from the table below that 2013 was significant with a lowest flow of 1,307 L/s. Other than the 1982-83 drought, the 2012-13 event resulted in the lowest flow seen since records began.

Year	Lowest flow reached (L/s)
2001	14486
2002	7579
2003	3420
2004	Not available
2005	2202
2006	Not available
2007	3558
2008	2212
2009	2234
2010	4982
2011	4724
2012	9836
2013	1307

19. It is also worth looking at more detail at the hydrograph above. It highlights that the Ngaruroro during the 1982-83 drought virtually stopped flowing (records show approximately 200 L/s). During the 2012-13 drought this extreme low flow did not occur. While there is no specific evidence at hand on the cause of the Ngaruroro River drying up, the river has not changed physically in the intervening time. It is possible that the current water management regime, that seeks to manage direct takes from waterbodies or control stream depleting groundwater takes, resulted in sustaining some flow in the Ngaruroro where the historical approach did not.

Relevance of the National Policy Statement for Freshwater Management

20. The Government-initiated National Policy Statement for Freshwater Management (NPSFM) came into effect on 1 July 2011. The NPSFM sets a new direction for management of New Zealand’s freshwater resources. For the most part, it is the Regional Council’s responsibility to implement the NPSFM as it relates to the Hawke’s Bay region.

21. The NPSFM itself does not specify exactly how it should be implemented, nor how policy statements and plans should be amended, as that is for regional councils to determine with their communities. Nevertheless, the NPSFM provides directives and guidance to local authorities on the overall outcomes for improved freshwater management. The NPSFM recognises that the primary policy instrument for fresh water management is the regional plan.

22. Under the NPSFM, each council must determine the most appropriate freshwater management and regulatory regime for its region. The NPSFM enables councils to set broad objectives and apply corresponding limits/levels to types of water bodies or large areas of its region. Under the NPSFM, it is also appropriate to have catchment and sub-catchment specific objectives and limits/levels, where the characteristics of catchments and sub-catchments demand different priorities. These limits may relate to water quantity allocations, minimum flows, and a variety of water quality parameters for example. This limit setting process occurs through a plan change process that is a public process where all community values are put on the table, discussed and prioritised.

23. Every regional council must implement the NPSFM as promptly as is reasonable in the circumstances, and so it is fully completed by no later than 31 December 2030. The Regional Council has identified a programme of activities for the preparation of regional plan changes and the associated resource investigations. In September 2012, the Council adopted its Programme of progressive implementation steps to fully implement the NPSFM by 2031. That Programme builds on work and projects already underway before the NPSFM came into effect, as well as incorporating a number of new workstreams.

24. As well as giving effect to the NPSFM, the Council’s future work programme of plan changes will need to implement relevant parts of the 2011 Hawke's Bay Land and Water Management Strategy (LAWMS). The LAWMS provides a common focus for the management of land and water in Hawke’s Bay in order to achieve improved economic and environmental outcomes.

25. The overall vision of the LAWMS is:

In Hawke’s Bay, land and water are highly valued, used wisely and sustainably managed – by all, for all.

26. A range of outcomes are anticipated from implementation of the LAWMS. Plans and policies prepared under the RMA are an important means to implement the LAWMS, albeit they are not the only tools to be used to implement the strategy.

Relevance of the Regional Resource Management Plan
(including Regional Policy Statement)

27. In Hawke’s Bay, the issues and pressures on land and water resources vary throughout the region. Consequently, the urgency with which further clarity needs to be provided for water allocation and water quality management also varies between catchments.

28. The Hawke’s Bay Regional Resource Management Plan (‘RRMP’) currently contains broad freshwater management objectives, water quality guidelines (both at a regional and catchment specific level for a number of parameters) and water allocation limits and minimum flows for specific reaches of river in a number of catchments. However, these need to better align with the NPSFM and also have appropriate regard to the LAWMS – both of which have emerged since the RRMP was finalised in 2006.

29. Catchment differences have influenced the Council’s decision to prioritise catchments where it understands water allocation and water quality issues and pressures to be the most pressing. Accordingly, the Council has already prioritised its regional plan change work programmes to focus on catchments with known and foreseeable pressures and drivers for enhanced freshwater management and regulation.

30. Over the past few years, the Council has been advancing a catchment-based approach to RRMP plan changes to address specific resource management issues in the region. The NPSFM Implementation Programme continues that approach. Change 5 to the Regional Policy Statement is the lead initiative of the Regional Council’s NPSFM Implementation Programme. Change 5 goes some way to inform the establishment of freshwater objectives by setting out a framework within which values, objectives and limits can be developed and included in regional plans.

31. In addition to Change 5, the Council has several catchment-based regional plan changes currently in preparation, namely Mohaka and Greater Heretaunga/Ahuriri[1] with Tukituki (Plan Change 6) also underway. The Council’s 2013/14 Annual Plan signals that regional plan change notification timeframes for the Mohaka and Greater Heretaunga/Ahuriri Catchment Areas are December 2014 and December 2016 respectively. Both of these projects continue to involve collaborative discussions with stakeholders in the respective catchment areas to usefully inform the required policy response to matters such as those raised in this report.

32. In August 2013, the Government released a document summarising a number of reforms to the resource management system, which the Government intends to introduce as a Bill later in 2013. A number of those proposed reforms relate to processes used, and the form and content of regional plans for freshwater management. Other proposed reforms would alter resource consent decision-making processes. Whatever might be the final outcome of those reforms remains to be seen, but nevertheless, the Council’s processes and approaches (in relation to plan and policy making, plus consent decision-making) will need to comply with the amended legislation.

The consents that are in force

33. An exhaustive summary of the consent replacement process has been outlined in both the S42a staff report and associated hearings panel decision on the hearing to consider the replacement of 149 consents from the semi-confined and unconfined parts of the Twyford aquifer. It is not proposed to revisit these documents but to extract relevant parts from them.

34. The consents are grouped into three areas based on an assessment of stream depletion effects undertaken by Brydon Hughes (Brydon is a very experienced Hydrogeologist who has advised Council on such matters) as part of the consent replacement process. This assessment is based on the best available data for this system we have.

34.1. Twyford confined aquifer takes. These takes are subject to the usual conditions relating to actual and reasonable requirements and efficiency of use but are not subject to minimum flow bans.

34.2. Twyford semi confined aquifer takes. The majority of these takes are subject to a minimum flow of 300 l/s in the Raupare stream.

34.3. Twyford Unconfined Aquifer. The majority of these takes are subject to a minimum flow of 2400 L/s in the Ngaruroro at Fernhill.

Engagement with the irrigators

35. There have been suggestions that staff were uncooperative and failed to communicate with irrigators during the drought. Significant efforts were made by staff to engage with all irrigators who approached us. By way of example, with TIG alone there were in excess of 23 individual or group meetings during the summer to consider requests, provide data or assist with resolving consent issues.

36. It has also been suggested that staff failed to keep irrigators informed of pending bans. The Council has always had a process to publicise impending bans, but following discussions with PipFruit NZ, agreement was reached to not do this to minimise the adverse perception that might arise in overseas markets from publicising bans. As will be explained later in this paper other steps were taken to make information about river levels more accessible to irrigators with the intent that they would ‘self manage’ as flows dropped.

37. Most recently Iain Maxwell had a positive and constructive meeting with the TIG and other key water users on 16 September to review the actions HBRC took during the drought and to consider what irrigators saw as being required for future water management. That meeting was very useful in assisting with the development of this paper.

What specific action did staff take during the drought with regards consents?

38. Twyford Semi confined aquifer takes - HBRC issued a consent that allowed the augmentation of the flow in the Raupare Stream. This allowed consent holders to continue exercising their consents because the flow was kept above the minimum flow. Council staff undertook monitoring to see what effect this might have on the Raupare Stream. (At the same time TIG organised themselves to roster their takes.)

39. Twyford Unconfined Aquifer - HBRC processed 3 consents during the drought to permit the transfer of takes that were not subject to restrictions within the unconfined aquifer. These consents were from other parts of the unconfined aquifer or were within Twyford but less than 1 L/s therefore not subject to a minimum flow restriction.

40. HBRC allowed water to be taken from bores and transported off the property to sites to enable watering of trees for survival purposes. This was specifically provided for by the consent.

41. HBRC advised parties that they were entitled to exercise their take within the limits of the permitted activity rules. This generally meant that properties could take at up to 10 L/s but not to take more than 20 m³ per day.

42. Staff developed specific low flow information that was optimized for access by mobile devices in response to requests by irrigators for real time data that was accessible from the field. This allowed growers to make decisions in the field with up to date and relevant information.

What was considered by staff but not pursued

43. It is important to note here that the options considered by staff during the drought had to be lawful. We were not able to re-write legislation or consent conditions ‘on the hoof’ to ignore minimum flows. These conditions had been submitted on and contested in a public hearing process by groups such as Hawke’s Bay Fish and Game, the Department of Conservation, Te Taiwhenua O Heretaunga, Ngati Hawea, Ngati Kaitiaki O te Awa a Ngaruroro Hinemanu, Ngai Te Upokoiri, Ngati Hinepare, Ngati Mahu, and Ngai Tawhao, and any changes to the consents would need to be considered as part of a publically notified process that would likely involve those same groups.

44. Under s329 of the RMA, regional councils and unitary authorities can issue water shortage directions at any time there is a serious temporary shortage of water in its region or any part of its region. The direction may apportion, restrict, or suspend:

44.1. the taking, use, damming, or diversion of water, and/or

44.2. the discharge of any contaminant into water.

45. This approach was considered but not pursued as in HBRC’s view this approach offers less flexibility for users and the regulator to manage through a crisis and may have resulted in all takes being banned rather than allowing movement of water where possible.

The science response

46. As outlined above augmentation of the Raupare Stream was consented and as part of considering this request the science team informed the required monitoring of the Raupare Stream and then undertook monitoring during the period of augmentation.

47. The TIG and irrigators in the unconfined area made numerous requests for HBRC to commission pump tests in the unconfined area. The suggestion was that this testing would be useful in assessing the relationship between flow in the Ngaruroro River and groundwater takes in the nearby unconfined area. HBRC’s hydrogeology team thoroughly considered this request. They concluded that a pump test was not a useful option for assessing stream depletion effects on the scale proposed, noting that pump tests are usually undertaken in the winter months to determine localised effects.

48. The preferred alternative option put forward by the scientists was to undertake concurrent gaugings of the rivers and streams throughout the greater Heretaunga area to gather data to inform the coupled ground-surface water model that is in development for the catchment. These concurrent gaugings were then planned and carried out on two occasions.

49. In addition to this, the hydrology section of the science team were fully engaged in region wide gaugings and re-rating of flows to ensure that our telemetered data was as accurate as was humanly possible to allow full confidence in our flow records.

50. In order to ensure that HBRC had a transparent and reliable approach to implementing and then suspending a take ban, the science team provided a method of calculating a mean daily flow to be used as the trigger to assess if a system had reached its minimum flow. This process and the policy to support it was used during the summer of 2012-13 and has since been adopted formally by Council.

51. In addition to this hydrological related work we are working with Dr Brent Clothier from Crop and Food Research to look at the water demand of some pip fruit varieties, including those on dwarf root stock, to review their water demand and actions that could be taken to minimise water stress during periods of water restriction.

Responses to specific matters raised

52. What are the work around options within the existing consents and rules that may allow grouping of consents (Global consents or ‘soft stops’ as option) for irrigators and irrigator groups to access to real time data to manage global allocations when lower flows are predicated to maintain crops and especially crop survival?

53. Global consents - Global consents are seen as a sensible and pragmatic option for allocating and managing water takes in areas with limited allocation or reduced security of supply. It is important though to recognise that currently neither the RMA nor the consents allow councils to force this approach on individual consent holders, they must agree among themselves to do this.

54. As has been pointed out previously it is a case of moving the thinking from one of an individual right to one of a common good. It is important that leadership within the industry and within their industry bodies are active in facilitating this if it is desired. HBRC staff have been and will continue to be active in promoting and trying to facilitate this. By way of example, staff have prepared an application for funding from the Irrigation Acceleration Fund to assist with the preparation of a global consent for irrigators in the semi-confined area of Twyford.

55. Soft stops – associated with a global consent outcome is the opportunity for irrigators to coordinate themselves to voluntarily reduce their take as river flows drop. This would have the potential effect of reducing the rate of flow recession and delaying flows reaching the minimum flow limits. It is unlikely that this approach would completely avoid flow dropping below the minimum flow limit but it certainly has the potential to reduce that probability. This approach was trialled successfully in the semi-confined area of Twyford this summer through the TIG.

56. Access to data – there are growing numbers of takes that are telemetered with live data provided to HBRC daily. This data is vital for future resource management outcomes and we acknowledge the significant potential this information offers irrigators, not only for real time water management as we approach limits but for water use efficiency during the irrigation season. Currently an individual’s data is available to them at any time via a secure web page. The data capture and reporting system has been designed specifically to allow maximum flexibility. Any irrigator is able to access this data (it is discoverable under legislation) and we can work with them to provide it in a format that is of most use to them.

57. Processes and options to engage irrigators and irrigator groups in a staged reduction profile that minimises drought effects on land and water including proportionality alternatives.

58. The processes here are simple and could begin at anytime. The stages for reduction will vary according to the waterbody. As outlined earlier there is currently no legislative option to require this of consent holders, they must agree to any reduction voluntarily. Policy 40 of the RRMP encourages such rostering and rationing and the use of water user groups for this purpose. This approach was trialled by the TIG for takes connected to the Raupare Stream over the 2012-13 summer using their own communication networks and using water level data provided by HBRC. Anecdotally the feedback is positive in terms of uptake by the irrigators and the fact that this system was only on ban for one day during a record dry summer is significant in demonstrating some success of both this approach and the augmentation mentioned earlier. This option will usefully be refined as the coupled surface-groundwater model is developed for this area in terms of appropriate stages to introduce reductions and the scale of reduction required. It is reinforced that currently this approach needs the buy-in of the irrigator community for it to be successful.

59. Another good example of this approach is the Ngaruroro Irrigation Society who ran a voluntary staged reductions approach over the 2012-13 summer and this resulted in several days of maintaining flows above bans levels. Whilst this approach has general merit in smaller systems like the Raupare there is limited benefit to this approach in a larger system like the Ngaruroro.

60. Temporary allocation transfers within existing Rules to augment takes.

61. The temporary transfer of water from one consent to another is entirely possible, and is something that staff facilitated over the past summer. Fundamentally this approach is not dissimilar to the concept of global consenting in that we can approve movement of water within an area of equal effect. Ideally to give irrigators maximum flexibility we would assign water to a group of users and allow them the ability to move it around as and when they required it.

62. Objective 41 and Policies 73 & 74 of the RRMP are relevant here. For the transfer to be possible within the existing rules the effect of the transferred take must not be any greater on any nearby waterbodies than the original consent.

63. Sustainable augmentation options (using aquifer water or limited storage) particularly in streams where low flow was experienced in 2012/13 to minimise the effect of low flows.

64. As outlined earlier augmentation of the Raupare Stream was consented and occurred over the past summer. It is likely that this augmentation was important in maintaining the minimum flow in the Raupare Stream above ban levels for all but one day. The proposition of augmentation of the Raupare longer term remains. At this stage HBRC sees no reason why it could not be considered and developed as a longer term consenting option by the TIG.

65. Augmentation of larger systems such as the Ngaruroro is not currently considered possible due to the scale of storage that would be required to provide sufficient augmentation. Storage options for this catchment are still being considered by HBRC with pre-feasibility assessments indicating two potential sites with storage potential of approximately 30 million m³. These could service both existing and new irrigation. Further consideration of these sites will occur following the Ruataniwha project decision making.

66. Update of the water model using information from the 2012/13 season and advising on the issues around perceived over allocation and informing the TANK process- and open information to irrigators to manage water needs.

67. The development of a coupled surface-groundwater model is the highest priority for the HBRC science team over the 2013/14 financial year. Planning is well advanced for delivering this model with an approach that will see a collaborative approach to developing the model scope (in conjunction with the primary sector, the irrigator community and others), a ‘meeting of the minds’ in the technical sense with invited technical experts asked to workshop the model options, and then the development of the agreed modelling approach under HBRC management. The aim of this approach is to see universal acceptance of the model outcomes with the debate being one around the value of water for instream vis-a-vis out of stream use; this being a debate about the policy framework not a debate about the science.

68. This approach has recently been discussed with the TIG and others and there is universal support for this approach.

What do the irrigators want?

69. At a meeting on 16 September the TIG and others were asked to clarify what they thought needed to occur or change in future to avoid the situation that the 2012-13 drought created. Their points are outlined below.

70. Avoid irrigation bans - The primary objective of TIG is to avoid any future irrigation bans. Their suggested approach is:

70.1. The provision of water to ensure the survival of crops, trees and vines be considered to be as important as stock or community water.

70.2. Staged reductions in allocation as flows approach limits to the point where a significantly reduced allocation remained available while a system was below the minimum flow. To be clear they do not want irrigation bans as in their view this promotes poor or inefficient use of the resource as irrigators put maximum volumes of water on crops in case water is not available for some time. The net result being flows drop quicker than they normally would. They note that there are Australian examples where there is not ever a total ban but an ongoing reduction in take.

70.3. This approach could be considered and developed further. It will need an investment in hydrological modelling to determine appropriate level of reduction to ensure that any stream depletion effects are not compromising the values protected by the minimum flow. It was not an option available to staff for the 2012-13 drought but could usefully be considered in the policy development programme currently underway in the catchment.

71. Long term augmentation of the Raupare Stream – this option was discussed earlier and is considered at this stage to be an enduring viable proposition. The science team will consider the results of the monitoring work over the past summer and advise any amendments to the consent conditions. Staff will work with TIG to consider a longer term consent for this activity.

72. ‘Soft stops’ – this option has been discussed in numerous parts of this report and was implemented over the past summer. Further development of this option will be considered for the coming summer. At this stage it is considered most effective in smaller systems like the Raupare. This option would also usefully be considered and further developed in the wider policy discussion.

73. Preferential options for users in a water users group – the proposition is to provide incentives for those who are accepting water allocated under a resource consent as a community good rather than individual right and are operating as a user group. Again there are significant advantages in this approach that could be usefully explored in the wider policy discussions.

74. Review actual use data – with recent replacement consents now being metered and telemetered it is useful to review actual water use against consented use. This work offers the potential to improve model development and consider allocation options. This is again something that will be developed as part of the wider policy development and as part of the development of the coupled surface-ground water model.

75. Addressing historical application errors – some irrigators had sought incorrect rates and volumes of take in the consent replacement process. The errors resulted in some applicants being consented lower rates and volumes than historically taken. There is a desire to see these matters addressed in a global consent type process. This would allow irrigators access to water if it is not needed by others who have been consented to take that water. This approach is entirely possible and could be considered as part of any global consent process.

76. New water – this matter is covered later in this report.

77. Minimum flows to be realistic and practical – this matter is best considered as part of the wider policy discussion underway.

78. A review of the ‘X’ consent charges – some water allocated in the consent replacement process for Twyford were issued with mid-range minimum flows. Evidently these levels are so high as to mean that the water is not ever required by Twyford irrigators at the time that it is able to be taken. For many irrigators these consents are not ever exercised. An approach to review these consents may be required if they are unable to be exercised particularly with regards the flow cut off level. Again this would be best addressed in the wider policy development that will consider such things as mid range and high flow cut off levels. In its decision the Hearings Panel gave these consents a short term (2015 expiry) presuming the alternative arrangements would be considered within that time.

Options moving forward

79. It is clear that the area most affected by the current water management regime is the unconfined part of Twyford. Significantly there are still a number of consents that are yet to be replaced and that are likely to be considered part of the unconfined zone so the full impact of this water management approach has yet to be realised. This is particularly significant for existing businesses that are currently not on any restriction.

80. Within this area there is potential for exploration to look for ‘new water’. This might be found at considerable depth and be sufficiently geologically/hydrologically disconnected from the Ngaruroro to not require a connection to a minimum flow site.

81. This possibility has been discussed with TIG and others and there is sufficient interest to collaborate on this and begin a programme to develop the concept further, consider what options are best and what investments are required and by who.

82. Another significant and positive initiative that is gaining good traction and making inroads to water management for this part of the region is the collaborative policy process for the Greater Heretaunga/Ahuriri Catchment area. As this report has signalled, it is preferable that any fundamental changes to water management are made in collaboration with the community and then formulated into policy. The consents then in turn reflect that policy direction. It is important that HBRC continues to support and resource the TANK group and its collaborative process in order that the new policy and rule framework is delivered in a timely manner.

83. As part of the Tukituki Project that includes new water management policy staff sought to amend the surface water depletion policy from that which was notified to better target the management response to the extent of the surface water depletion effect. In brief, a direct surface water depleter will be subject to minimum flow restrictions while a more indirect surface water depleter will be required to reduce the daily rate of take by 50% when the minimum flow restriction is reached. This approach has yet to be examined and tested through the Board of Inquiry.

84. A similar approach is likely to be promoted for the Twyford area. This would be considered and debated through the TANK collaborative approach.

85. In the meantime, there is nothing to stop any irrigator currently subject to a minimum flow restriction seeking a change of conditions that would allow the taking of water below minimum flow for the purposes of avoiding the loss of permanent plants. It would be a discretionary activity and Council would need to assess it on its merits. It would most likely be a notified consent and the applicant would need to demonstrate how it would determine the amount of water needed for that purpose. Council would also need to consider how it might manage the cumulative effects of a number of such takes.

Summary and conclusions

86. The 2012-13 drought was significant for the region and New Zealand generally in terms of impact on instream and out of stream values. It was characterised climatically by large anticyclonic patterns that saw little rain fall in the upper part of most rivers throughout New Zealand. It resulted in significant periods of very low flows in systems such as the Ngaruroro River.

87. Irrigators from the Twyford area approached us early in December 2012 to minimise the risk of takes linked to the Raupare Stream going on ban. Later in February we were approached by a smaller group of irrigators who are linked the flows in the Ngaruroro River.

88. Staff took every possible step to provide relief to irrigators during a time of significant stress. No alternate action was available that was not considered and then discarded as being impractical or unlawful.

89. Consents were issued to augment flows, take from bores to tankers to be transported to alternate sites and to transfer allocations within the same management area.

90. The hydrogeology section of the science team were very active in surveying to ensure flows were accurate and to collect data to drive a yet to be developed coupled ground/surface water model.

91. Soft stops and rostering/rationing water were encouraged and then facilitated in the Twyford area for takes connected to the Raupare Stream with great success.

92. The development of a strong modelling platform for the Heretaunga Aquifer and associated rivers and streams is a high priority for Council. The development of this model will be through a collaborative process.

93. Consideration of the option for ‘new water’ should be a priority alongside the development of a coupled surface-groundwater model. The development of this technical work should be undertaken in conjunction with the irrigator community and key stakeholders.

94. New policy developing for the catchment is the best place to present and debate with the region’s community many of the longer term and enduring options.

Decision Making Process

95. 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 “Council's Water Management Framework Under Drought Conditions” report.

Iain Maxwell

Group Manager

Resource Management

Liz Lambert

Interim Chief Executive

Attachment/s

There are no attachments for this report.

HBRIC Ltd September 2013 Update Report

Attachment 1

HAWKE’S BAY REGIONAL INVESTMENT COMPANY LTD (HBRIC Ltd)

Report to Hawke’s Bay Regional Council

25 September 2013

Summary

This report covers developments over the August - September 2013 period for the following:

· HBRIC Ltd

· RWSS Execution

HBRIC Ltd

Key operational activities undertaken by the HBRIC Ltd Board in August - September 2013 included:

· Adoption of the 2012/13 Annual Report. A copy of the Annual Report was appended to the HBRIC Ltd proxy paper presented to Council on 28 August 2013.

· Advertising and short listing for the appointment of two non-executive Directors for Napier Port. A paper is expected to be presented to Council on 6 November 2013 regarding the final appointment for these two roles.

· The second AGM of the Company was held on 16 September 2013 with approximately 40 people in attendance including Directors, Councillors, Council candidates, agri-business leaders, HBRC and Napier Port senior staff, and members of the public. A presentation was made by the Chairman and Managing Director on the RWSS with the public given an opportunity to ask questions. A copy of the RWSS presentation is attached to this paper.

RWSS Execution

Critical Deadlines

It is important to note that the following deadlines are critical from this point onwards.

Ÿ Tukituki proposal including both the plan change and the RWS consent application called in by the Ministers for the Environment and Conservation. The statutory 9 month timeframe commences as at the point of notification. The Tukituki proposal submissions closed on Friday 2 August 2013. Evidence statements from 46 key witnesses submitted to the EPA on Friday 6 September 2013;

Ÿ Formation of the investor consortium – governance approval for signing MoU's and Terms Sheets scheduled for the week commencing 16 September 2013;

Ÿ Draft Concession Deed term sheet developed;

Ÿ D&C provider bids submitted on 19 August 2013;

Ÿ D&C assessment to be completed by end of October 2013;

Ÿ D&C decision – by potential investors end of October/early November 2013;

Ÿ Potential Farmer investment & prospectus– late 2013;

Ÿ Water uptake “sales” team in place with EOI signing underway;

Ÿ Board of Inquiry Hearing start date scheduled for 18 November 2013;

Design and Construction

Overview

Ÿ Proposals were received from both Respondents on 19 August 2013 and the D&C RFP evaluation is in process. Both have provided substantial and comprehensive documentation, requiring considerable analysis. Copies of the proposals have been distributed to all evaluation team members either as hard copies or electronic version. The latter has been managed by a dedicated HBRC web-portal. All evaluation team members involved with the evaluation have been required to sign Conflict of Interest & Confidentiality Undertaking declarations.

Ÿ A total of thirty four individuals, including the seven selection panel members, are involved with the evaluation covering commercial, technical, economic and environmental compliance aspects of the Scheme. Members of the evaluation panel are providing a commentary on findings and scoring each of the submissions.

Ÿ The process of Question & Answer with the Respondents is progressing and will remain ongoing for a few weeks. Nominally programmed as two rounds, Q&A will be an ongoing process reflecting the varying disciplines being covered and accordingly the complexity and time required for review by individual evaluation team members. A workshop with appropriate members of the evaluation team will be held as necessary and once specific topics requiring team interaction are more readily identified. Interviews with each of the Respondents are scheduled for 3 and 4 October 2013, again the specific topics of which are to be confirmed.

Geotechnical Investigations

Ÿ With exception of some residual activity Geotechnical Investigations are complete and within budget.

Risks

Risk	Rating	Mitigation
Construction price driving above 22-25c per m3	Medium - high	D&C process – minimising interface risk – cost and price optimisation – costs and revenue
Extra site and geotech issues identify fatal flaw	Medium – trending lower	GNS final seismic work underway $4M provision in capex build budget for foundation assessment
Landowner objections	Medium, if not proactively managed	Sales and purchase options agreements work strand

Investors

· Investor discussions are making good progress with an iwi consortium, the Crown and a number of private sector parties. On 18 September 2013 TrustPower Limited and Ngai Tahu Holdings Corporation Limited each signed a Memorandum of Understanding with HBRIC Ltd to potentially invest in the RWSS. A copy of the 19 September Media Release is attached to this paper.

Risks

Risk

Rating

Mitigation

Failure to secure adequate public investment

Medium

Leveraged deal HBRIC Ltd/Crown

Meeting the Crown’s investment criteria

Failure to secure adequate private investment

Medium

Risk increases with less uptake

Iwi and farmer equity and intergenerational equity

Financial model and uptake

Uptake

· There are current 81 EOI’s signed for a total of 30M m3 of water covering 9,400ha of land.

· RWSS Commercial Manager has recently presented to a PWC event and is to speak at a breakfast for the Institute of Food Science and Technology Inc in the coming week.

· Prospectus work stream is currently underway with a targeted release towards the end of 2013.

· Refinement of the water price to be completed once the D&C work assessment has been completed.

Risks

Risk	Rating	Mitigation
Rate of uptake varies from base case	Medium	Education Incentives Sales team
Price escalation	Low	Price tagged to CPI or similar indice adjustment in deed
Water user agreement – take or pay – volumetric charge versus capex charge disincentivises uptake	Medium	Contractual form needs careful pitch towards the end of a sale process Intergenerational equity and option to invest
Distribution and commissioning	Medium	Optimisation with D&C process User groups

EPA Consent application and plan change & related matters

· On 6 September 2013 HBRIC Ltd, along with Council, filed all of their evidence on the Tukituki Catchment Proposal (“TCP”, ie: RWSS and Change 6 to the Regional Plan); comprising some 46 statements summing to around 2,500 pages of evidence (including exhibits). This was a major undertaking with the evidence needing to summarise the expert reports submitted with the RWSS applications as lodged in May, respond to submissions received on the TCP (including the RWSS) on 2 August 2013, and update certain areas where further investigations and modelling had been undertaken since May. Of those statements 21 were solely on behalf of HBRIC Ltd and regarding the RWSS itself. The evidence was prepared in an integrated fashion across both the RWSS and Change 6, given the overlap of issues and in some cases, experts (giving evidence for both components of the TCP). This evidence was due to be posted on the EPA website (and so made available to submitters and the general public) on 10 September 2013.

· The next major step in the process is for submitters on both Change 6 and the RWSS to file their statements of evidence with the EPA. This is due on 8 October 2013. There is then a four week period within which HBRIC Ltd along with the Council (for Change 6) must prepare and file any rebuttal evidence (due to be filed with the EPA on 8 November 2013). We do not yet know how much rebuttal evidence will be needed, and can only speculate as to how many submitters would produce statements of evidence warranting a response through further evidence.

· During that period (to 8 November 2013) expert conferencing would also take place (if directed by the Board of Inquiry) in an attempt to narrow technical issues between HBRIC Ltd’s experts and any opposing experts called by other parties.

· During this period also legal counsel must prepare legal submissions, determine which if any opposing witnesses need to be cross examined, and prepare for that.

· The hearing commences on Monday, 18 November 2013. It is currently scheduled to run for between four to five weeks concluding before Christmas, but possibly extending into early January.

Risks

Risk	Mitigation
Not obtaining required resource consents	Draft consent conditions and strategic partner support – Iwi, DoC, Pan sector
Nutrient management regime and limits made more stringent through BoI/EPA	Leading science on: Nitrate toxicity and Tukituki in-stream management model Provision of periphyton freshes – flow optimisation
Dam design envelop constrained removing innovation and optimisation
Consent granted is less than 35 years, or other constraints imposed e.g. smaller dam

Communications

· The Communications Activity Plan for HBRIC Ltd is outlined below.

COMMUNICATION ACTIVITY PLAN – September 2013 Update

TO WHOM	WHAT	OWNER	Action Date

Business CHB Public General Public Media/Public Media/Public Media/Public	August 2013 § Article on Graham Hansen in The Profit § Article – Open Letter to CHB/ Dam Break § Our Place – Update on RWSS – early August § Media – Steve Maharey Social-Eco MOU sign § Media Release – D&C bids considered § Media Release – HBRIC Directors Conflict of Interest	Helen	1 August 7 August 8 August 12 August 22 August 28 August

Media/Public CHB Public General Public General Public	September 2013 § Media Advisory – HBRIC AGM § Media – Andy McFarlane Visit § Media Release – Investor announcement § Fact Sheet – Nutrient Hot Spots	Helen	Early Sept 5 Sept TBC In Progress

CEs/Bus Sector General Public Media/Public	October 2013 § Leaders Briefing – Update on RWSS Newsletter – RWSS Update § Event: Hawke’s Bay A&P Show § Media Release – Successful D&C consortia named	Helen RWSS Team Helen	early Oct 23-25 Oct Late Oct

General Public General Public Media/Public Farmers	November 2013 § RWSS Newsletter Update – Nov 2013 § Event: Central Hawke’s Bay Show § Media Release – Confirm water price after D&C § Farmer Quarterly Update	RWSS Team Helen	7-9 Nov

	December 2013 – April 2014 § Public consultation on RWSS – Feb 2014 § RWSS Newsletter Update – March/April 2014 § RWSS Newsletter Update – April/May 2014

Financials

Table 1 sets out the August 2013 Financial Report for HBRIC Ltd.

The report sets out the actual costs incurred for both the month and the year to date against the full year budget to 30 June 2014 (operating) and full project budget to April 2014 (capital).

A summary of the key elements outlined in the report for the month of August is as follows:

Operating Income and Expenditure

· There was a total of $68,884 of operating expenditure in the month of August with a breakdown of these costs set out as follows:

- $30,333 for Board Fees for the Chairman and two non-executive Directors. This amount includes the current month fees at the new levels approved by Council at its meeting on 28 August 2013. An accrual for the backdating of Director Fees to 1 April 2013, also approved by the Council at the meeting on 28 August 2013, has been processed in the month which results in a one off cost of $20,833. The backdating of Directors Fees will not have an impact on the current year financials as sufficient provision was provided for in the 2013/14 budget to reflect this expenditure.

- $10,288 for Management Services provided by HBRC staff.

- $25,818 for Consultancy Fees for the month of August, which includes professional tax advice in relation to the 2012/13 Annual Report and recruitment services for the advertising and appointment of two non-executive Directors for Napier Port.

- $2,445 for other miscellaneous expenditure.

RWS Phase 2 Costs ($358,210)

· The $70,148 of HBRC internal staff time for August covers a number of work streams including:

- Ongoing landowner liaison meetings with dam, reservoir and Zone M landowners, including headrace canal and pipe landowners within the distribution network.

- Completion of additional site investigations, drilling, and test pitting and sampling at dam site.

- Writing expert evidence statements for filing with the EPA on 6 September 2013.

- Ongoing negotiations with investors including meeting with Crown Irrigation Company.

- Ongoing project management.

· The $20,559 of Optimisation Work relates to specific optimisation work for July and August identified as:

- Pan Pac forestry access review and assessment of additional design work.

- Discussions regarding relative cost of supply to downstream users and water distribution costs.

· $45,983 of work in relation to Geotechnical Investigations. This includes:

- Drilling as per agreed investigation programme.

- Approval for additional drill hole.

- Testing of drill hole materials by Auckland University.

· The $160,046 of Other Consultants costs covers off a number of pieces of work including:

- Work undertaken by RWS Technical Advisors in liaising with D&C bidders through programmed interactive sessions, developing the RFP evaluation programme, and supervising the geotechnical work programme.

- Water contract and sales advisory costs.

- Various landowner meetings and negotiations for June.

- Costs relating to the Mana Whenua Working Party and Community/Social MOU Engagement.

· $61,474 for Commercial Legal services for August.

EPA Process Costs ($268,342)

· The $174,764 of costs for Project Team Consultants for August covers a number of work streams including:

- DOC land exchange consultations.

- Review of submissions on Tukituki catchment and briefing witnesses.

- Developing witness scopes and negotiating witness contracts.

- Coordinating the production of 46 statements of evidence as part of Board of Inquiry preparation.

- Ongoing project management.

· $32,456 of costs in relation to the preparation of written evidence undertaken by various witnesses.

· The $61,122 of EPA Expenses relates to the costs incurred by the Environmental Protection Authority for August.

[1] Heretaunga includes Karamu, Clive, Ngaruroro, Tukituki River catchments, Ahuriri Estuary and the Heretaunga Plains aquifer.

1 View	Proposed October - December 2013 Council Meeting Schedule
2 View	Proposed 2014 Schedule of Council Meetings

1 View	Reconciliation of Variance
2	Hawke's Bay Regional Council Annual Report 2012-13		Under Separate Cover

1 View	Tenders Committee Minutes of the Meeting Held 12 December 2012
2 View	Regional Planning Committee Minutes of the Meeting Held 7 August 2013
3 View	Environment and Services Committee Minutes of the Meeting Held 14 August 2013
4 View	Maori Committee Minutes of the Meeting Held 27 August 2013
5 View	Regional Transport Committee Minutes of the Meeting Held 30 August 2013
6 View	Corporate and Strategic Committee Minutes of the Meeting Held 4 September 2013
7 View	Regional Planning Committee Minutes of the Meeting Held 11 September 2013

*Performance Target*	*December 2012 - June 2013*
Initiate at least three shared services in the first full year of operation and at least one shared service each year and no less than two shared services successfully implemented within the following three years;	Four shared services investigations have been initiated as at 30 June 2013
Implement Shared Services demonstrating best practice and added value to participating councils and stakeholders;	No shared services have been implemented in the reporting period. Significant progress has been made in investigations. An outcome of one of these investigations is the proposed establishment of a Hawke’s Bay Local Authority Collaborative Fleet Management Group.
Explore Joint Procurement initiatives for goods and services from sources offering best value, service, and or continuity of supply;	No joint procurement initiatives have been initiated under the HB LASS umbrella although joint procurement of insurances, electricity and other services is taking place.
Ensure sufficient income is available from activities to sustain a viable company.	Sufficient income was received from membership fees to sustain the companies overhead costs.
Operate in a manner that conforms with any applicable regulatory requirements	All regulatory requirements have been met.

1 View	HBRIC Ltd September 2013 Update Report
2 View	Ruataniwha Water Storage Scheme Investors Media Release
3 View	HBRIC Ltd AGM Presentation: Ruataniwha Water Storage Scheme