Agenda of Regional Council Meeting

Actions from Previous Regional Council meetings

Attachment 1

Actions from Regional Council Meetings

Meeting Held 23 October 2013

	Agenda Item	Action	Responsible	Due Date	Status Comment
1	Relative Laws And Legislation Affecting Elected Members	Email links to relevant legislation on the New Zealand Legislation website to councillors	L Hooper	Immed	Email containing links sent at 12.20pm on 24 October 2013.
2	Adoption of Standing Orders	For adoption at next RC meeting + Initiate review	L Hooper	Immed	Paper for resolution at 6 November RC meeting

Meeting Held 25 September 2013

	Agenda Item	Action	Responsible	Due Date	Status Comment
1	Report & Recommendations from the Regional Transport Committee	Recommendation to incoming Council “that appropriate sector and objective representatives are included as members of the RTC	C Gilbertson	6/11/13	For consideration at 1^st Ordinary Council meeting as part of Governance Structures item
2	Recommendations from the Corporate & Strategic Committee	Recommendation to incoming Council “retention of the current Committee structure for the 2013-16 triennium”	E Lambert	6/11/13	For consideration at 1^st Ordinary Council meeting as part of Governance Structures item
3	Recommendations from the Corporate & Strategic Committee	Recommendation to incoming Council “adoption of the current Code of Conduct for the 2013-16 triennium”	E Lambert	6/11/13	For consideration at 1^st Ordinary Council meeting as part of Governance Structures item
4	Ratification of Outstanding Council & Committee Minutes	Confirmation of whether Regional Sports Park Trust funding of 2M for Tier 1 Hockey Turf conditions met by deadline	E Lambert	6/11/13	Conditions met by deadline of 1 October 2013 and funding confirmed.

Meeting Held 28 August 2013

	Agenda Item	Action	Responsible	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.”	I Maxwell		Report for E&S Committee consideration on 20 November.

Agenda Item

Action

Responsible

Due Date

Status Comment

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.”

I Maxwell

Report for E&S Committee consideration on 20 November.

From: Leeanne Hooper
Sent: Thursday, 24 October 2013 12:20 p.m.
To: Alan Dick; Christine Scott; Dave Pipe; Debbie Hewitt; Fenton Wilson (chairman@hbrc.govt.nz); mmohi@doc.govt.nz; Peter Beaven; Rex Graham; Rick Barker; Tom Belford
Cc: Liz Lambert; Paul Drury
Subject: HBRC Legislative Framework

Good afternoon Councillors,

Following are the links to the ‘more relevant’ legislation governing HBRC and Councillors.

· Local Government Act 2002 http://www.legislation.govt.nz/act/public/2002/0084/latest/DLM170873.html

· LGOIMA 1987 http://www.legislation.govt.nz/act/public/1987/0174/latest/DLM122242.html

· Resource Management Act 1991 http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM230265.html

· Local Authorities (Members’ Interests) Act 1968 http://www.legislation.govt.nz/act/public/1968/0147/latest/DLM390003.html?src=qs

· Crimes Act 1961 http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM327382.html

· Secret Commissions Act 1910 http://www.legislation.govt.nz/act/public/1910/0040/latest/DLM177643.html?src=qs

And, if there is other legislation you are interested in, you can search the NZ Legislation site as well … http://www.legislation.govt.nz/

A full list of legislation that applies is on page 5 of your “2013 Members Guide to HBRC”.

Cheers,

Leeanne Hooper
Governance & Corporate Administration Manager
Hawke's Bay Regional Council
159 Dalton Street | Private Bag 6006 | Napier 4142

P 06 833 8017 | F 06 835 3601

leeanne@hbrc.govt.nz | www.hbrc.govt.nz

cid:image001.jpg@01CA7280.61FFB9D0

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 06 November 2013

SUBJECT: Adoption of Standing Orders

Reason for Report

1. The Local Government Act 2002 (Schedule 7, Part 1, Sec 27) requires that “(1) A local authority must adopt a set of standing orders for the conduct of its meetings and those of its committees” and further, states:

“(2) The standing orders of a local authority must not contravene this Act, the Local Government Official Information and Meetings Act 1987, or any other Act.

(3) After the adoption of the first standing orders of the local authority, an amendment of the standing orders or the adoption of a new set of standing orders requires, in every case, a vote of not less than 75% of the members present.

(4) A local authority or committee may temporarily suspend standing orders during a meeting by a vote of not less than 75% of the members present and voting, and the reason for the suspension must be stated in the resolution of suspension.”

2. A copy of NZ 9202:2003 has been supplied to all Councillors.

3. Previous Councils considered and approved the following amendments to the New Zealand Standard NZS 9202:2003 Model Standing Orders for meetings of Local Authorities and Community Boards. These Standing Orders apply to all Council and Committee meetings of the Hawke's Bay Regional Council, including Joint committees.

4. To provide for an Agenda Item to confirm transactions where the Common Seal has been used, Standing Order 2.19 following was inserted in Part 2 Constitutional & Legislative Matters.

“2.19. Use of Common Seal

a. The Chief Executive shall hold the Common Seal of the Council and be responsible for the use of the same.

b. The Common Seal is to be used for all land and property transactions; contracts that exceed the Chief Executive’s delegation; all agreements executed by Council that have a term of more than five (5) years; and for validating warrants.

c. The Common Seal is to be affixed with the consent of the Chairman or Deputy Chairman and all such actions reported to the Council.

d. Every document affixed with the Common Seal of the Council shall be carried out by the Chief Executive or a Group Manager, and the affixing of the Common Seal shall be witnessed by the Chief Executive or a Group Manager, and by the Chairman or Deputy Chairman, other than when the document is a warrant issued under Section 174(1) of the Local Government Act 2002, or Section 38(5) of the Resource Management Act 1991, in which case the Common Seal of the Council shall be witnessed by only the Chief Executive.”

5. In order to simplify what constitutes a quorum for meeting of the Hawke’s Bay Regional Council and its committees, Standing Order - Part 1 - Constitutional & Legislative Matters – 3.4.3 was replaced with:

“The quorum at any meeting of the local authority shall consist of half the members (including vacancies) if the number of members is even, and a majority if the number is odd, other than for the Tenders Committee of Council where the quorum shall consist of a majority of members of the Committee.”

6. In relation to voting, Standing Orders 2.5.1(2) and 3.14.2 were replaced with:

“The Chairman at any meeting has a deliberative vote and, in the case of equality of votes, also has a casting vote.”

7. Standing Order 2.12.4 was amended to ensure that Councillors were allowed sufficient time to read and absorb sometimes complex and substantial Agenda documents, and now reads:

“In the case of each meeting to which Standing Order 2.12.1 applies, an agenda detailing the business to be brought before that meeting together with relevant attachments must be received by (~~sent to~~) every member not less than two clear working days before the day appointed for the meeting unless the Council or a Committee resolves to accept receipt of attachments later than two clear working days before the day appointed for the meeting.”

8. To allow Maori input into all matters of Council, SO 2.16 has been amended to include 2.16.6; being:

“2.16.6 The Maori Committee Chairman may remain for items discussed during the public excluded part of all Council meetings.”

9. In order to do away with unnecessary formality, Council amended Standing Order 3.3.4 - Members to speak in places and address the chair, to read (shown in bold):

“Members granted the right to speak at meetings are to address the Chairman, and may not leave their place without the leave of the Chairman. Members may remain seated when speaking at ordinary and extraordinary meetings of the local authority and at committee meetings.”

10. To provide clarity around processes for deputations and presentations by members of the public, SO 3.19 - Deputations and Public Presentations was amended to include:

Deputations and Public Presentations 3.19.1.a

The Chairman may refuse any request for a public presentation or deputation on any item that appears on the agenda for the day on which the presentation or deputation is requested.

11. To provide clarity around processes for petitions SO 3.20 – Petitions has been amended to include:

Petitions where heard 3.20.1.a

Petitions made to the local authority or any of its committees must be lodged with the Chief Executive at least 2 working days before the date of the meeting concerned, and be approved by the Chairman. The Chairman may refuse petitions which are repetitious or offensive.

Procedures for Petitions 3.20.1.b

Except with the approval of the local authority or committee, not more than 2 members of a deputation may address the meeting. After a presentation is received, members may put to the deputation any question pertinent to the subject heard, but no member may express an opinion upon, or discuss the subject, until the deputation has completed making its submissions and answering questions (see Standing Order 3.15.2 regarding qualified privilege).

Petition where presented by petitioner 3.20.5

Where a petition is presented by a petitioner, unless the local authority determines otherwise, a limit of 10 minutes is placed on that person (see Standing Orders 3.15.1 and 3.15.2 regarding qualified privilege).

If the Chairman has reason to believe that the petitioner is disrespectful or offensive, or has made statements with malice, the Chairman shall terminate the presentation of the petition.

12. In order to provide an opportunity for Councillors to request progress updates on matters considered at previous meetings, SO 13.17.3 has been replaced with:

“Discussion on matters arising from the Minutes of the previous meeting are to be allowed under the separate agenda item: Matters Arising from the Minutes of the Meeting held on (insert date).”

13. In addition to the opportunity to request updates relating to the contents of meeting minutes, actions that arise from Council meetings are followed up through subsequent specific agenda items as resolved or via Council’s monthly ‘Action Items from Previous Meetings’ agenda item.

Review of Standing Orders

14. These Standing Orders may be altered from time to time if circumstances warrant, by resolution passed by three-quarters of the members present and voting.

15. Given that the beginning of a new triennium seems an opportune time for a review, and Councillors have indicated their wish for such a review, staff will embark on a complete review process with the intention of creating a specific set of HBRC standing orders for adoption by the end of April 2014.

Decision Making Process

16. Council is required to make every decision in accordance with provisions of Part 6, sub-part 1 of the Local Government Act 2002 (the Act). Staff have assessed requirements contained in the sections of the Act in relation to this item and have concluded that the decision making provisions of the Act do not apply as the adoption of Standing Orders is specifically provided for under Schedule 7, Part 1, Section 27 of the Local Government Act 2004.

Recommendations

That Council:

1. Approves the development of the Hawke’s Bay Regional Council’s specific set of Standing Orders by the Governance & Corporate Administration Manager, collaboratively with Councillors, the Chief Executive and professional advice when required, for adoption by Council by the end of April 2014.

2. Notes that the New Zealand Standard Model Standing Orders NZS 9202:2003 including amendments by previous Councils as detailed will continue to be in effect until such time as the HBRC Standing Orders have been adopted and hence take effect.

Leeanne Hooper

Governance & Corporate

Administration Manager

Liz Lambert

Chief Executive

Attachment/s

There are no attachments for this report.

Code of Conduct - as amended from Sept2013 review

Attachment 1

HAWKE’S BAY REGIONAL COUNCIL

Code of Conduct

Reviewed September 2013

Part One: Introduction

1.1 Schedule 7 of the Local Government Act 2002 (the Act) requires each local authority to adopt a Code of Conduct. Once adopted, all elected members are required to comply with the code.

This Code of Conduct provides guidance on the standards of behaviour that are expected from the Chairman and elected members of the Hawke’s Bay Regional Council. The Code applies to elected members in their dealings with:

§ each other

§ the Chairman of Council or whoever is in the Chair

§ the Chief Executive

§ all staff employed by the Chief Executive on behalf of the Council

§ the media

§ the general public.

1.2 The objective of the Code is to enhance:

§ the effectiveness of the Council as an autonomous local authority with statutory responsibilities for the good governance of the Hawke’s Bay Region

§ the credibility and accountability of the Council within its community

§ mutual trust, respect and tolerance among the elected members as a group and between the elected members and management.

1.3 This Code of Conduct seeks to achieve its objectives by establishing:

§ an agreed statement of roles and responsibilities (recorded in Part Two of the code)

§ agreed general principles of conduct (recorded in Part Three of the code)

§ specific codes of conduct applying to particular circumstances or matters (also recorded in Part Three of the code).

1.4 Elected members are primarily accountable to the electors of the Region through the democratic process. Before taking office after election, each declares that he or she will “faithfully and impartially, and according to my best skill and judgment, execute and perform in the interests of the Hawke’s Bay Region the statutory powers, authorities and duties vested in or imposed upon me as a member of the Hawke’s Bay Regional Council”.

However members must note that the Auditor-General may hold them to account for unlawful actions or expenditure or for breaches of the Local Authorities (Members’ Interests) Act 1968.

1.5 General Principles of Good Governance:

This Code of Conduct is based on the following ten principles:

§ Public interest. Members should serve only the interests of the region as a whole and should never improperly confer an advantage or disadvantage on any one person.

§ Honesty and integrity. Members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

§ Objectivity. Members should make decisions on merit including making appointments, awarding contracts, or recommending individuals for rewards or benefits. Elected members should also note that while representing their constituency, once elected their primary duty is to the interests of the entire region.

§ Accountability. Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should cooperate fully and honestly with the scrutiny appropriate to their particular office.

§ Openness. Members should be as open as possible about their actions and those of the Council, and should be prepared to justify their actions.

§ Personal judgment. Members can and will take account of the views of others, but should reach their own conclusions on the issues before them, and act in accordance with those conclusions.

§ Respect for others. Members should promote equality by not discriminating unlawfully against any person and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation, or disability.

§ Respect for staff. Members should respect the impartiality and integrity of the Council staff.

§ Duty to uphold the law. Members should uphold the law, and on all occasions, act in accordance with the trust the public places in them.

§ Stewardship. Members must ensure that the Council uses resources prudently and for lawful purposes, and that the Council maintains sufficient resources to meet its statutory obligations.

§ Leadership. Members should promote and support these proposals by example, and should always endeavour to act in the best interests of the region.

Part Two: Roles and Responsibilities

This part of the Code describes the roles and responsibilities of elected members, the additional roles of the Chairman and Deputy Chairman, and the role of the Chief Executive.

2.1 Elected Members

Elected members, acting as the Council, are responsible for:

§ development and adoption of Council policy

§ monitoring the performance of the Council against its stated objectives and policies

§ prudent stewardship of Council resources

§ employment of the Chief Executive

§ representing the interests of the residents and ratepayers of the Hawke’s Bay Regional Council. (On election, the primary responsibility of members is to the Region as a whole.)

Unless otherwise provided in the Local Government Act 2002 or in standing orders, the Council can act only by majority decisions at meetings. Each member has one vote other than in the situation where there is a deadlock in voting in which case the Chairman can exercise a casting vote if so provided. Any individual member (other than the Chairman who has authority to act on behalf of the Council as reasonable needs require) has no authority to act on behalf of the Council unless the Council has expressly delegated such authority.

2.2 Chairman

The Chairman is elected by the members of the Council at the first meeting following the triennial election. The Chairman may be removed from office by resolution of Council.

As one of the elected members the Chairman shares the same responsibilities as other members of Council. In addition to this the Chairman has the following roles as a:

§ presiding member at Council meetings. The Chairman is responsible for ensuring the orderly conduct of business during meetings (as determined in standing orders)

§ advocate on behalf of the community. This role may involve promoting the community and representing its interests. Such advocacy will be most effective where it is carried out with the knowledge and support of the Council

§ ceremonial head of Council

§ provider of leadership and feedback to other elected members on teamwork and Chairmanship of committees

§ Justice of the Peace (while the Chairman holds office).

The Chairman has a special working relationship with the Chief Executive Officer.

The Chairman is obliged to follow the same rules as other elected members in regard to making public statements and committing the Council to any particular course of action, unless acting in accordance with the rules for media contact on behalf of the Council under a delegation of authority from the Council.

2.3 Deputy Chairman

The Deputy Chairman must be elected by the members of Council, at the first meeting following the triennial election. The Deputy Chairman may be removed from office by resolution of Council.

The Deputy Chairman exercises the same roles as other elected members. In addition he or she must perform all the responsibilities and duties and may exercise all the powers of the Chairman (as summarised above), if the Chairman is temporarily absent, or is prevented by illness or other causes from performing duties, or while there is a vacancy in the office of Chairman.

2.4 Committee Chairman

The Council may create one or more committees of Council.

A Committee Chairman presides over all meetings of the committee, ensuring that the committee acts within the powers delegated by Council, as set out in the Council’s Policy Handbook. A Committee Chairman may be called on to act as an official spokesperson on a particular issue. A Committee Chairman has a special working relationship with the Group Manager(s) with responsibilities for the areas covered by the relevant committee.

A Committee Chairman may be removed from office by resolution of Council.

2.5 Chief Executive

The Chief Executive is appointed by the Council in accordance with section 42 of the Local Government Act 2002. The Chief Executive is responsible for implementing and managing the Council's policies and objectives within the budgetary constraints established by the Council. In terms of section 42 of the Act, the responsibilities of the Chief Executive are:

§ implementing the decisions of the Council

§ providing advice to the Council and committees

§ ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Chief Executive, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised

§ managing the activities of the Regional Council effectively and efficiently

§ maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Regional Council

§ providing leadership for the staff of the Regional Council

§ employing staff on behalf of the Regional Council (including negotiation of the terms of employment for the staff of the Regional Council).

Under section 42 of the Local Government Act 2002 the Chief Executive employs all other staff on behalf of the Regional Council.

Part Three: Ethics, Relationships and Behaviour

This part of the Code sets out the Council’s agreed standards of behaviour. Some of the matters described in this part of the Code reflect other legislation such as the Local Authorities (Members’ Interests) Act 1968. The majority of the Code is material that the Council has decided to include on its own initiative.

3.1 Ethics

Hawke’s Bay Regional Council seeks to promote the highest standards of ethical conduct amongst its elected members. Accordingly, elected members will:

§ claim only for legitimate expenses as laid down by any determination of the Remuneration Authority then in force, and any lawful policy of Council developed in accordance with that determination

§ not influence, or attempt to influence, any Council employee to take actions that may benefit the member, or the member’s family or business interests

§ not use Council resources for personal business (including campaigning)

§ not solicit, demand, or request any gift, reward or benefit by virtue of their position

§ where a gift to the value of $100 or more is offered to a member, immediately disclose this to the Chief Executive for inclusion in the publicly available register of interests.

§ be respectful when referring to each other or to other people

§ not use offensive or derogatory language when referring to the Council, other Councillors, any employee of the Council or any member of the public.

3.2 Relationships with Other Members

Successful teamwork is a critical element in the success of any democratically elected organisation. No team will be effective unless mutual respect exists between members. With this in mind elected members will conduct their dealings with each other in ways that:

§ maintain public confidence in the office to which they have been elected

§ are open and honest

§ focus on issues rather than personalities

§ avoid aggressive, offensive or abusive conduct.

3.3 Relationships with Staff

The effective performance of Council also requires a high level of cooperation and mutual respect between elected members and staff. To ensure that level of cooperation and trust is maintained, elected members will:

§ recognise that the Chief Executive is the employer (on behalf of Council) of all Council employees, and as such only the Chief Executive may hire, dismiss, instruct or censure an employee

§ make themselves aware of the obligations that the Council and the Chief Executive have as employers and observe those requirements at all times

§ treat all employees with courtesy and respect (including the avoidance of aggressive, offensive or abusive conduct towards employees)

§ observe any guidelines that the Chief Executive puts in place regarding contact with employees

§ do nothing which compromises, or could be seen as compromising, the impartiality of an employee

§ avoid publicly criticising any employee in any way, but especially in ways that reflect on the competence and integrity of the employee

§ raise concerns about employees only with the Chief Executive, and concerns about the Chief Executive only with the Chairman.

Elected members should be aware that failure to observe this portion of the Code of Conduct may compromise the Council’s obligations to act as a good employer and may expose the Council to civil litigation and audit sanctions.

3.4 Relationships with the Community

Effective Council decision-making depends on productive relationships between elected members and the community at large.

Members should ensure that individual citizens are accorded respect in their dealings with the Council, and have their concerns listened to, and deliberated on in accordance with the requirements of the Act.

Members should act in a manner that encourages and values community involvement in local democracy.

3.5 Contact with the Media

The media plays an important part in local democracy. In order to fulfill this role the media needs access to accurate, timely information about the affairs of Council. The Hawke’s Bay Regional Council will continue to be proactive in disseminating accurate and informative information through the Chief Executive to the media. From time to time, however, an individual member might be approached to comment on a particular issue either on behalf of Council, or as an elected member in his or her own right. This part of the Code deals with the rights and duties of Councillors when speaking to the media on behalf of Council, or in his or her own right.

The following rules apply for media contact on behalf of Council:

The Chairman of the Council or of any Committee of the Council, is able to make media releases on behalf of the Council or the Council Committees. In order to ensure that:

i) these are factually correct

ii) they send a consistent message so there is no confusion in the eyes of the public

iii) they reflect Council policy, or are sufficiently qualified where the Council may not have considered the matter.

All press releases and comments should be coordinated and developed through the Council’s Communications Coordinator who will ensure the appropriate staff input is obtained and, where appropriate, the Chief Executive has input into the process.

Where the Communications Coordinator is not available, the Chairman’s Executive Assistant should be the point of contact.

The Councillor spokesman for the Committees of the Council should be the Chairman of the Committee concerned.

Elected members are free to express a personal view in the media, at any time, provided the following rules are observed:

§ media comments must not state or imply that they represent the views of Council

§ where an elected member is making a statement that is contrary to a Council decision or Council policy, the member must not state or imply that his or her statements represent a majority view

§ media comments must observe the other requirements of this Code of Conduct. For example, they should not disclose confidential information, or compromise the impartiality or integrity of staff, and at all times should demonstrate respect for fellow Councillors and their views, opinions and lawful actions, and should not use language which might be deemed offensive, derogatory or embarrassing to the Council, other Councillors, any employee of the Council or any member of the public.

3.6 Representing the Council

Elected members who are invited or wish to represent the Council at an event such as a Seminar or Conference which will have a charge for attendance, must meet the following conditions:

§ The Chairman must approve the request.

§ Following their attendance the member must present a report to the Council summarising the event, and including the Councillor’s opinion of its potential significance to the Hawke’s Bay Regional Council.

3.7 Confidential Information

Elected members have the responsibility to see whenever possible that business is conducted in “open” meeting. Powers to exclude the public should be used only when absolutely necessary and for the reasons permitted by law. Business conducted where the public is excluded remains confidential and should not be disclosed to the public until either the Council decides by resolution to make it public or the Chief Executive determines in response to a request under the Local Government Official Information and Meetings Act 1987, or the Privacy Act 1993 that there is no longer good reason to withhold the information.

In addition during the course of their duties members will occasionally receive information that may need to be treated as confidential. This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation.

Elected members must not use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the elected member.

Elected members should be aware that failure to observe these provisions will impede the performance of Council by inhibiting information flows and undermining public confidence in the Council. Failure to observe these provisions may also expose Council to prosecution under the Privacy Act 1993 and/or civil litigation.

3.8 Conflicts of Interest

Elected members must be careful that they maintain a clear separation between their personal interests and their duties as an elected member. This is to ensure that people who fill positions of authority carry on their duties free from bias (whether real or perceived). Members therefore need to familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 which concerns financial interests, and with other legal requirements concerning non-financial conflicts of interest.

The Act provides that an elected member is disqualified from office, or from election to office, if that member is concerned or interested in contracts under which payments made by or on behalf of the Council exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public. The same rules also apply where the member’s partner or spouse contracts with the authority or has a pecuniary interest. Members must declare their interests at Council meetings where matters in which they have a pecuniary interest arise.

Members shall annually make a general declaration of interest as soon as practicable after becoming aware of any such interests. These declarations are recorded in a register of interests maintained by Council. The declaration must notify the Council of the nature and extent of any interest, including:

§ any employment, trade or profession carried on by the member or the member’s partner or spouse for profit or gain

§ any company, trust, partnership etc for which the member or their partner or spouse is a director, partner, trustee or beneficiary

§ the address of any land in which the member has a beneficial interest and which is in the Regional Council’s area.

§ the address of any land where the landlord is the Hawke’s Bay Regional Council and:

- the member or their partner or spouse is a tenant, or

- the land is tenanted by a firm in which the member or partner or spouse is a partner, or a company of which the member or spouse is a director, or a trust of which the member or spouse is a trustee or beneficiary

§ any other matters which the public might reasonably regard as likely to influence the member’s actions during the course of his or her duties as a member.

If the member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the Chief Executive immediately.

Members may also contact the Audit Office for guidance as to whether that member has a pecuniary interest. If there is a pecuniary interest, the member may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote. The Chief Executive must also seek approval from the Audit Office for contractual payments to members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe the requirements of the Local Authorities (Members’ Interests) Act 1968 could potentially invalidate the particular decision made, or the action taken, by Council. Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authorities (Members’ Interests) Act 1968. In the event of a conviction elected members can be removed from office.

3.9 Standing Orders

Elected members must adhere to any standing orders adopted by Council under the Local Government Act 2002. These standing orders are subject to the same legal requirements as a Code of Conduct with regard to their adoption and amendment.

3.10 Disqualification of Members from Office

Elected members are automatically disqualified from office if they are convicted of a criminal offence punishable by two or more years imprisonment, or if they cease to be, or lose their status as a parliamentary elector or if they are convicted of certain breaches of the Local Authorities (Members’ Interests) Act 1968.

Under the Local Government Act 2002, local authorities, when adopting a Code of Conduct, must consider whether or not they will require members to declare whether they are undischarged bankrupts. This Council believes that it should not require a member or newly elected member to decide whether or not the member or newly elected member is an undischarged bankrupt.

Part Four: Compliance and Review

This part deals with ensuring that elected members adhere to the Code of Conduct and mechanisms for the review of the Code of Conduct.

4.1 Compliance

Elected members must note that they are bound to comply with the provisions of this Code of Conduct (Local Government Act 2002, Schedule 7, section 15(4)).

Members are also bound by the Local Government Act 2002, the Local Authorities (Members’ Interests) Act 1968, the Local Government Official Information and Meetings Act 1987, the Secret Commissions Act 1910, the Crimes Act 1961 and the Securities Act 1978. The Chief Executive will ensure that an explanation of these Acts is made at the first meeting after each triennial election an that copies of these Acts are freely available to elected members. A brief explanation about the obligations that each of these has with respect to conduct of elected members is attached in the Appendix to this code.

Compliance will be monitored by the Council as a whole. All alleged breaches of the Code will be reported to the Chairman. Any allegation of a breach of this Code of Conduct must be in writing, make a specific allegation of a breach of the Code of Conduct, and provide corroborating evidence.

The Chairman will investigate the alleged breach and prepare a report for the consideration of Council. Before beginning any investigation, the Chairman will write to the elected member(s) involved, advising about the complaint and will explain when and how there will be an opportunity to respond to the complaint. Where a breach is alleged to have occurred by the Chairman, the Deputy Chairman of Council will assume responsibility for the management of any subsequent investigation.

The Council will consider the report in open meeting of Council, except where the alleged breach relates to the misuse of confidential information or could impinge on the privacy of an elected member, member of staff or of the general public.

4.2 Responses to Breaches of the Code

The exact nature of the action the Council may take depends on the nature of the breach and whether there are statutory provisions dealing with the breach.

Where there are statutory provisions:

§ breaches relating to members’ interests render members liable for prosecution by the Auditor-General under the Local Authority (Member’s Interests) Act 1968

§ breaches which result in the Council suffering financial loss or damage may be reported on by the Auditor-General under the Local Government Act 2002, which may result in the member having to make good the loss or damage

§ breaches relating to the commission of a criminal offence may leave the elected member liable for criminal prosecution.

In these cases the Council may refer an issue to the relevant body, any member of the public may make a complaint, or the body itself may take action of its own initiative.

Where there are no statutory provisions, the Council may take the following action:

§ censure

§ removal of the elected member from Council committees and/or other representative type bodies

§ dismissal of the elected member from a position as Deputy Chairman or Chairman of a committee.

A decision to apply one or more of these actions requires a Council resolution to that effect.

4.3 Review

Once adopted, a Code of Conduct continues in force until amended by the Council. The Code can be amended at any time but cannot be revoked unless the Council replaces it with another code. Once adopted, amendments to the Code of the Conduct require a resolution supported by at least 75 per cent of the members of the Council present.

Council will formally review the Code prior to the end of each three year term and any suggestions for improvement and recommended amendments will be noted and referred to the new Council. As soon as practicable after the triennial election, results of that review will be presented to the new Council for consideration and adoption.

APPENDIX TO THE CODE OF CONDUCT

Legislation Bearing on the Role and Conduct of Elected Members

This is a summary of the legislation requirements that has some bearing on the duties and conduct of elected members. Copies of these statutes are available from the office of the Chief Executive.

Local Authority (Members’ Interests) Act 1968

This Act regulates situations where a member’s personal interests impinge, or could be seen as impinging on, his or her duties as an elected member.

The Act provides that an elected member is disqualified from office if that member is concerned or interested in contracts under which payments made by or on behalf of the regional Council exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or voting on any matter in which they have a pecuniary interest, other than an interest in common with the general public. The same rules also apply where the member’s spouse contracts with the authority or has a pecuniary interest.

Members may also contact the Audit Office for guidance as to whether that member has a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote. The Chief Executive must also seek approval from the Audit Office for contractual payments to members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authority (Members’ Interests) Act 1968. In the event of a conviction elected members can be ousted from office.

(The Office of the Auditor-General publication Guidance for members of local authorities about the law on conflicts of interest (2007) provides further guidance on this Act).

Local Government Official Information and Meetings Act 1987

The Local Government Official Information and Meetings Act 1987 sets out a list of meeting procedures and requirements. Of particular importance for the roles and conduct of elected members is the fact that the Chairman has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate. No elected member should:

§ create a disturbance or a distraction while another Councillor is speaking

§ be disrespectful when referring to each other or to other people

§ use offensive language about the Council, other Councillors, any employee of the Council or any member of the public.

Secret Commissions Act 1910

Under this Act it is unlawful for an elected member (or officer) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to Council.

If convicted of any offence under this Act a person can be imprisoned for up to 2 years, or fines up to $1000, or both. A conviction therefore would trigger the ouster provisions of the Local Government Act 2002 and result in the removal of the member from office.

Crimes Act 1961

Under this Act it is unlawful for elected members (or officers) to:

§ accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of Council

§ use information gained in the course of their duties for their, or another persons, monetary gain or advantage.

These offences are punishable by a term of imprisonment of 7 years or more. Elected members convicted of these offences will also be automatically ousted from office.

Securities Act 1978

The Securities Act 1978 essentially places elected members in the same position as company directors whenever Council offers stock to the public. Elected members may be personally liable if investment documents such as a prospectus contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 06 November 2013

SUBJECT: HBRC Governance Structure

Reason for Report

1. Council needs to provide for an appropriate governance structure that will enable it to effectively discharge its responsibilities over the next three years. This paper proposes a structure and associated delegations that will provide for effective and efficient governance.

Governance Principles

2. The Local Government Act defines the governance principles as:

“39 Governance principles

A local authority must act in accordance with the following principles in relation to its governance:

(a) a local authority should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; and

(b) a local authority should ensure that the governance structures and processes are effective, open, and transparent; and

(c) a local authority should ensure that, so far as is practicable, responsibility and processes for decision-making in relation to regulatory responsibilities is separated from responsibility and processes for decision-making for non-regulatory responsibilities; and

(d) a local authority should be a good employer; and

(e) a local authority should ensure that the relationship between elected members and management of the local authority is effective and understood.”

3. It should be noted here that s.39(c) above has a direct bearing on the committee structure.

Background

4. Appropriate governance structures are vital to enable Council to function effectively as an organisation. As part of the ongoing process of working to improve the overall effectiveness and efficiency of Council there has been discussion around appropriate Committee arrangements for the next triennium.

5. The Committee structure which was operating at the end of the last Council term has been operating since 1 July 2012, as follows.

6. There are numerous statutory issues related to committees of Council but some of the more relevant issues include:

6.1. Council may appoint committees, sub-committees and other subordinate decision making bodies that it considers appropriate

6.2. Council may establish a joint committee with another local authority or other public bodies

6.3. Committees may appoint sub-committees it considers appropriate unless prohibited from doing so by the local authority

6.4. A committee or other subordinate decision making body is subject to the control of the local authority and must carry out all general and specific directions of the Council

6.5. Council has the unfettered right to appoint or remove any member of a committee or sub-committee

6.6. A joint committee has the sole power to appoint and remove its own chairperson or deputy chairperson

6.7. Council may appoint to committees or sub-committees, people who are not members of the Council if, in the opinion of the Council, those people have the skills, attributes or knowledge that will assist the work of the committee or sub-committee

6.8. At least one member of a committee must be an elected member of a local authority and employees of a local authority cannot be a member of a committee but may be a member of a sub-committee

6.9. The minimum number of members for a committee is three and sub-committee two.

7. Council can, at any stage, review its committee structure to ensure that it is appropriate and operating as intended.

Committees

8. The functions of Council, broadly, across the Committees are:

Corporate and Strategic	Environment and Services	Regional Council
Strategic Planning, including scenarios planning	Asset management	Annual Plan adoption and re-forecasting
Annual Plan development	Biosecurity	Annual Report and auditing
Investment Portfolio	Environmental compliance and enforcement – policies and procedures	Quarterly key initiatives reporting
External relationships, including strategic partnerships	Resource Consents – operational policies (applications heard by Hearings Committee appointed Hearing Panel)	Other financial reporting including: · Clean Heat · Public transport
Marketing and communications including community engagement and environmental education	Engineering	Monthly work plans
Environmental science – development and review of science strategies, and funding implications	Environmental science – presentation of reports, and State of the Environment monitoring
Infrastructure development	Land Management
Water Information Services	Water Advisory Services
Economic development and tourism	Maritime and navigation safety
Six-monthly risk assessment of Council activities	Statutory advocacy
Information services

Regional Transport Committee (RTC)

9. This Committee is a requirement under the Land Transport Management Act 2003 (the Act). In June 2011 the Minister of Transport announced the Government’s intention to amend the current Act in order to streamline decision making processes and reduce duplication within legislation governing the sector. Changes to the Committee membership were also made at that time. The new functions of Regional Transport Committees are:

9.1. to prepare a Regional Land Transport Plan, or any variation to the Plan, for approval by the Regional Council; and

9.2. to provide the Regional Council with any advice and assistance it may request in relation to its transport responsibilities.

10. RTC membership prior to the Act being amended was:

10.1. Two regional councillors;

10.2. One representative of each Territorial Authority in the region;

10.3. One representative of the New Zealand Transport Agency;

10.4. One cultural interests representative;

10.5. One representative for each of the following objectives:

10.5.1. Ensuring environmental sustainability

10.5.2. Protecting and promoting public health

10.5.3. Assisting economic development

10.5.4. Assisting safety and personal security

10.5.5. Improving access and mobility.

11. The amended legislation removes the requirement for the land transport objectives and cultural interests to be represented. Section 105 of the LTMA now states that the regional council must appoint to its regional transport committee:

11.1. Two regional councillors

11.2. One representative from each Territorial Authority in the region; and

11.3. One representative of the New Zealand Transport Agency.

12. In responding to the legislative amendments, a number of regional councils sought clarification from the Ministry of Transport regarding section 105 and whether this precludes councils from inviting other representation if desired. Advice from Ministry of Transport officials states that the requirements outlined in section 105 are the minimum membership and this does not prevent a regional council from exercising its powers under clause 31(3) of Part 1 of Schedule Seven of the Local Government Act 2002, relating to membership of committees should Council wish to appoint additional representation.

12.1. “(3) The members of a committee or subcommittee may, but need not be, elected members of a local authority, and a local authority or committee may appoint to a committee or subcommittee a person who is not a member if, in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee.”

13. Using the Local Government Act provisions to make full committee appointments (i.e. with full voting rights) may not be regarded as within the spirit or intent of the revised LTMA. A number of other regional councils are taking a halfway approach of appointing advisory members (i.e. with no voting rights) with skills and knowledge relevant to particular aspects of the committee’s work.

14. At its final meeting of the last triennium the RTC discussed the constitution of the RTC and made the following resolution:

14.1. That the Regional Transport Committee recommends to the incoming Committee and the Regional Council that the Transport Committee includes appropriate sector and objective representatives.

15. One of the major functions of the RTC is now to prepare a Regional Land Transport Plan for the region which will set out our transport priorities, objectives and measures across all modes of land transport. It is therefore suggested that if advisory representatives are appointed to the committee, that the views and interests of a range of land transport stakeholders should be represented as suggested above.

16. Membership of the Committee is therefore suggested to include:

16.1. Two regional councillors

16.2. One representative from each Territorial Authority in the region

16.3. One representative of the New Zealand Transport Agency

16.4. One representative from the NZ Police

16.5. One representative from the Road Transport industry

16.6. One representative of private motorists from the Automobile Association (AA)

16.7. One representative for Port and Coastal Shipping

16.8. One representative from KiwiRail and

16.9. One cultural interests representative.

17. A draft Terms of Reference for the RTC is attached (Attachment 2), based on the proposed membership outlined above. Letters seeking representation from the territorial authorities and those representative organisations will be sought, once membership has been agreed.

18. The first RTC meeting of the triennium is scheduled for Friday, 29 November, which will incorporate an introduction of transport related matters for new members.

Environment and Services Committee (E&S)

19. This committee considers and recommends to Council strategies, policies, rules and other methods, with regard to the HBRC responsibilities or involvement with Land Drainage and River Control under the Local Government Act 2002; Land Drainage and Rivers Control Act 1941 and Land Drainage Act 1908; Biosecurity under the Local Government Act 2002 and the Biosecurity Act 1993; Resource Management Act 1991; National Policy Statements, National Environmental Standards and relevant associated legislation; and maritime and navigation safety under the Maritime Transport Act 1994.

Corporate and Strategic Committee (C&S)

20. This committee considers and recommends to Council strategic planning initiatives, corporate financial planning and reporting, and Corporate risk analysis and mitigation.

Hearings Committee

21. This committee considers and recommends to Council processes, policies and guidelines to ensure effective management of Resource Consent and Plan Development processes.

22. Pursuant to Section 34(1) of the Resource Management Act (RMA) Hawke’s Bay Regional Council has delegated functions, powers and/or duties under the RMA as detailed in the Terms of Reference for the Committee (attachment 5).

Regional Planning Committee (RPC)

23. This committee considers and recommends to Council strategies, policies, rules and other methods for inclusion in the Regional Resource Management Plan and the Regional Coastal Environment Plan. This committee also considers and recommends to Council strategies and processes to ensure effective implementation of policies, rules, research, monitoring and enforcement to satisfy the requirements of the Resource Management Act 1991, National Policy Statements, National Environmental Standards and relevant associated legislation.

24. The Regional Planning Committee comprises all nine councillors and representatives of the nine Treaty claimant groups with interests wholly or partly within the Hawke’s Bay region. It is in the process of being established permanently through government legislation, and is designed to meet some of the cultural redress sought by the Treaty groups in relation to the management of natural resources.

25. The Terms of Reference, interim while the Committee legislation is in process, is attached (attachment 6).

Tenders Committee

26. This committee considers and make decisions on Tenders, under delegated authority. Membership of this committee is based on the nature of the Tender to be considered. For example, if matters relate to the Asset Management or Biosecurity functions then the Chairman of the Environment & Services committee will reside on the committee to consider that tender. The two permanent members will be the Chairman of the Regional Council and the Chairman of the Corporate & Strategic Committee. The Committee’s Terms of Reference is attached (attachment 7) for reference.

Maori Committee

27. Over the past three years the Committee has worked well and has a robust and effective process of self-assessment as part of the changes made to its functioning. The Committee does play an important role in assisting Council meet some of the requirements of the Local Government Act in terms of Maori involvement in decision making processes. Despite the establishment of the Regional Planning Committee to undertake all resource management policy development there are still significant substantive issues for the Maori Committee to deal with, and it is recommended that this committee continue.

28. The Council is to review the role of the Māori Committee by June 2014, given the establishment of the Regional Planning Committee and its impact upon the Māori Committee’s workload.

Joint Committees

Joint Civil Defence Emergency Management Committee

29. This Committee is required by Statute under the Civil Defence and Emergency Management Act 2002. The current Terms of Reference have been established in conjunction with the other Members of the Committee (attachment 9).

30. This Committee is a joint committee of all local government organisations that are within the Hawke’s Bay CDEM Group area, i.e. Hawke’s Bay Regional Council, Wairoa District Council, Hastings District Council, Napier City Council and Central Hawke’s Bay District Council. The Committee was formed in March 2004 in accordance with the requirements of the CDEM Act 2002.

31. The Act requires that each local government organisation, as a Member of the Group, is represented by the Chairman of that local authority or an elected person from that authority who has delegated authority to act for the Chairman.

32. Accordingly, over the past triennial term, each of the Territorial Local Authorities has been represented by their mayor, and the Hawke’s Bay Regional Council by Council’s Chairman.

33. It is anticipated that the Group will meet two times annually.

Decision Making Process

34. Under the Local Government Act 2002 (LGA) Council has a specified power and mandate to establish such committees, sub-committees and other subordinate decision making bodies that it considers appropriate. Therefore, staff do not believe that the decision making process contained within the LGA applies in this instance.

Recommendations

That Council:

1. Considers and, if in agreement, establishes the following committee structure and adopts the Terms of Reference, membership, meeting frequency and Council Executive responsible for each committee as detailed following.

1.1 Regional Council

1.2 Environment and Services Committee

1.3 Corporate and Strategic Committee

1.4 Regional Planning Committee

1.5 Hearings Committee

1.6 Tenders Committee

1.7 Maori Committee

1.8 Regional Transport Committee

1.9 Hawke’s Bay Civil Defence Emergency Management Group Joint Committee

2. Agrees to undertake a review of the committee structure, including terms of reference and membership, to align with the review of the Maori Committee by June 2014.

Leeanne Hooper

Governance & Corporate

Administration Manager

Liz Lambert

Chief Executive

Attachment/s

1 View	Regional Council Terms of Reference
2 View	Draft Terms of Reference - Regional Transport Committee
3 View	Environment & Services Committee Terms of Reference
4 View	Corporate & Strategic Committee Terms of Reference
5 View	Hearings Committee Terms of Reference
6 View	Regional Planning Committee Interim Terms of Reference
7 View	Tenders Committee Terms of Reference
8 View	Maori Committee Terms of Reference
9 View	Joint Civil Defence Emergency Management Committee Terms of Reference

Regional Planning Committee Interim Terms of Reference

Attachment 6

Regional Planning Committee

Terms of Reference

[adopted 21 March 2012]

a) Introduction

Through its Treaty of Waitangi settlement negotiations with the tāngata whenua of the Hawke’s Bay^{^[2]}, in conjunction with the Council, the Crown has committed to introduce legislation to establish a permanent Regional Planning Committee (Permanent Committee) to draft and recommend to the Council plan and policy changes that affect natural resources in the Hawke’s Bay region.

Legislation will be introduced to make the Permanent Committee permanent. Negotiations on terms of reference of the Permanent Committee are yet to be concluded. However, in the meantime, the Council and the Member Tāngata Whenua Groups have agreed to establish the Committee with interim terms of reference to begin working together on the matters set out at b) to d) following.

These terms of reference will be superseded by terms of reference of the Permanent Committee when legislation is enacted to give effect to agreements reached in respect of the Permanent Committee. These terms of reference may be amended by the Council and the Member Tāngata Whenua Groups in accordance with (n) following.

b) Purpose

To oversee the review and development of the Regional Policy Statement and Regional Plans for the Hawke’s Bay region, as required under the Resource Management Act 1991.

c) Process

The Committee is responsible for preparing Proposed Regional Plans and Proposed Regional Policy Statements, or any Plan Changes or Plan Variations, and recommending to the Council the adoption of those documents for public notification, as provided for further in paragraph (d) following. In the event that the Council does not adopt all or any part of any Proposed Regional Plan, Proposed Regional Policy Statement, Plan Change or Plan Variation or other recommendation, the Council shall refer such document or recommendation in its entirety back to the Committee for further consideration, as soon as practicable but not later than two months after receiving a recommendation from the Committee.

d) Specific Responsibilities

· To implement a work programme for the review of the Council’s Regional Plans and Regional Policy statements prepared under the Resource Management Act 1991.

· To prepare any changes to the Regional Resource Management Plan, including the Regional Policy Statement.

· To prepare any Plan Variations to the Proposed Regional Coastal Environment Plan.

· To prepare Plan Changes to the Regional Coastal Environment Plan as required, once it is operative.

· To oversee consultation on any draft Proposed Regional Plan, Proposed Regional Policy Statement, Plan Change or Plan Variation (prior to notification).

· To recommend to Council for public notification any, Proposed Regional Plans, Proposed Regional Policy Statements, Plan Changes or Plan Variations.

· In accordance with the process outlined above, to review any documents which the Council may refer back to the Committee for further consideration.

· To recommend to Council the membership of Hearings Panels, from appropriately trained and eligible commissioners, to hear and decide upon submissions on Proposed Regional Plans, Proposed Regional Policy Statements, Plan Variations and Plan Changes (which may include members of the Committee).

· To determine the scope for the resolution and settlement of appeals on Proposed Policy Statements, Proposed Regional Plans, Plan Variations and Plan Changes.

· When required, to recommend to Council that officers be delegated with the authority to resolve and settle any appeals and references through formal mediation before the Environment Court.

· To monitor the effectiveness of provisions of Regional Policy Statements and Regional Plans in accordance with section 35 of the Resource Management Act and incorporate the monitoring outcomes into a review of the Committee’s work programme

e) Membership

· Tāngata Whenua Representatives, each appointed by Council on nomination by a Member Tāngata Whenua Group.

· Councillor members equal to the number of Tāngata Whenua Representatives appointed at any time.

The principle which applies is that there shall be equal numbers of Councillor members and Tāngata Whenua Representatives on the Committee at any time.

f) Chairperson and Deputy Chairperson (Transition Period: April 2012 - December 2012)

During the transition period the Chair of the Committee will be appointed by Council from Councillor members. The Deputy Chairperson will be appointed by Council on nomination from the Tāngata Whenua representatives.

g) Chairperson (January 2013 – enactment of legislation and establishment of the Permanent Committee)

From the end of the transition period until the establishment of the Permanent Committee the Committee will have two Co-Chairs:

· a Councillor member of the Committee appointed by the Councillor members; and

· a Tāngata Whenua Representative appointed by Council on nomination from the Tāngata Whenua Representatives.

Each Co-Chair shall preside at meetings of the Committee on a pre-arranged basis. This arrangement will presume that the Co-Chairs will be responsible for separate areas of policy development and each will preside over a meeting as their relevant portfolio areas are discussed.

h) Term of Membership

Membership of the Committee (both Councillor members and Tāngata Whenua representatives) shall be reviewed following the 2013 triennial election of Councillors, unless the Permanent Committee has already been established. The Council will review the appointment of its Council members, and Member Tāngata Whenua Groups will review the appointment of their respective Tāngata Whenua representatives. However, it is recognised that the Tāngata Whenua representatives are nominated for appointment by their respective Member Tāngata Whenua Groups from time to time (and not necessarily triennially), and in accordance with the processes of their respective Member Tāngata Whenua Groups.

i) Quorum

75% of the members of the Committee.

j) Voting Entitlement

Best endeavours will be made to achieve decisions on a consensus basis, or failing consensus, the agreement of 80% of the Committee members in attendance will be required. Where voting is required all members of the Committee have full speaking rights and voting entitlements.

Standing Orders 2.5.1(2) and 3.14.2 which state: “The Chairperson at any meeting has a deliberative vote and, in the case of equality of votes, also has a casting vote” do NOT apply to the Regional Planning Committee.

k) Special Terms of Reference

· The role of the Committee, and all members of the Committee, is to objectively overview the development and review of proposed policy statements, plans, variations and plan changes in accordance with the requirements of the Resource Management Act 1991. In particular the Committee must apply the purpose and principles of the Act and section 32 to its decision-making.

· The Committee, when recommending the appointment of hearings panels, shall recommend members for their particular skills, attributes or knowledge relevant to the work of the panel and shall so far as possible ensure that no member is open to perceptions or allegations of bias or predetermination.

· It is not intended that the participation of Tāngata Whenua representatives on the Committee be a substitute for any consultation with iwi required under the First Schedule of the Resource Management Act 1991.

l) Meeting Frequency and Notice

As required in order to achieve the Plan and Policy Development work programmes.

Notice of meetings will be given well in advance in writing to all Committee members, and not later than 1 month prior to the meeting.

m) Review of these Terms of Reference

The Terms of Reference for the Committee will be reviewed by the Councillor members and the Tāngata Whenua representatives in April 2013 to determine whether the Committee is fulfilling the objectives of the Council and Tāngata Whenua.

n) Amendments to these Terms of Reference

The Councillor members or Tāngata Whenua representatives may request changes to the Terms of Reference. Amendments to the Terms of Reference may only be made with the approval of:

· the Councillors at a Council meeting; and

· the Tāngata Whenua representatives at a hui called for that purpose.

o) Technical support

The Committee will have full access to Council staff, through the relevant Group Managers, to provide any technical support required in order to achieve the Committee’s purpose, as set out in paragraph (b) above.

q) Terms of Reference Interim

These Terms of Reference are interim only and will be superseded by the Terms of Reference for the Permanent Committee.

r) Officer Responsible

Group Manager Strategic Development

GLOSSARY

Proposed Regional Plan / Proposed Regional Policy Statement	A proposed regional plan or proposed regional policy statement is a document that has been issued by the Council and ‘proposed’ as the Council’s official position. To be legally proposed, a document must be publicly notified so people can make submissions.
Plan Variation	A plan variation is when a Council proposes a further change to a plan or policy statement that is still in the ‘proposed stage’ and has yet to be finalised.
Operative Regional Plan / Operative Regional Policy Statement	In relation to a regional plan or a regional policy statement, means that it has been through the public submission, hearings and Court processes and has full effect.
Plan Change	Is when a Council proposes changes to an operative plan or policy statement.
Hearings Panel	Is a panel appointed to hear public submissions on any Proposed Plan, Proposed Policy Statement, Plan Change or Plan Variation. It may be made up of any number of people, and may include Committee members, independent commissioners, or a mix of the two.
Member Tāngata Whenua Group	Means a Crown recognised mandated group representing tāngata whenua interests within the Hawke’s Bay region, mandated for the purpose of negotiating with the Crown for a settlement of claims under the Treaty of Waitangi, being: · Mana Ahuriri Incorporated (representing the Ahuriri Hapū); · Maungaharuru-Tangitu Incorporated (representing the Maungaharuru-Tangitu Hapū); · Ngāti Hineuru Iwi Incorporated (representing Ngāti Hineuru); · on an interim basis and only to the extent set out in the Deed of Commitment [ ] between HBRC, Tāngata Whenua Parties and the Crown, Te Toi Kura o Waikaremoana (representing Ruapani ki Waikaremoana); and · Any other group which becomes a Tāngata Whenua Party to the Deed of Commitment dated [ ] between HBRC, Tāngata Whenua Parties and the Crown by executing a Deed of Accession set out in Schedule 1 of that Deed.
PSGE	Means a post settlement governance entity which has taken over responsibility from a Member Tāngata Whenua Group for representing tāngata whenua interests, being: · The Trustees of the Ngāti Pāhauwera Development Trust (representing Ngāti Pāhauwera); and · Any other entity which becomes a Tāngata Whenua Party to the Deed of Commitment dated [ ] between HBRC, Tāngata Whenua Parties and the Crown by executing a Deed of Replacement set out in Schedule 2 of that Deed

Tāngata Whenua Representative	Means each representative nominated by: a. a Member Tāngata Whenua Group; or b. a PSGE.
The Council	Means the Hawke’s Bay Regional Council.
The Permanent Committee	Means the Permanent Regional Planning Committee referred to in the Deed of Settlement with Ngāti Pāhauwera signed 17 December 2010 (clause 5.22 and clauses 3.19-3.28 of the Provisions Schedule) and Agreement in Principle with Maungaharuru-Tangitu Hapū signed 22 September 2011 (clause 5.41 and Schedule 4).
Regional Resource Management Plan	Includes the Regional Policy Statement which relates to air, fresh water, gravel and land.
Regional Policy Statement	Is the document that sets the basic direction for environmental management in the region. This also includes the Māori Dimension. It does not include rules.
Regional Plan	A document that sets out how the Council will manage a particular aspect of the environment, like the coast, soil, rivers or the air. Can include rules.
Regional Coastal Environment Plan	A document that sets out how the Council will manage the coast. Can include rules.

Joint Civil Defence Emergency Management Committee Terms of Reference

Attachment 9

Civil Defence Emergency Management Group Joint Committee

Terms of Reference

(Adopted By Regional Council 3 November 2010)

1. Parties

1.1 Each of the following local authorities is a Member of the Hawke’s Bay Civil Defence Emergency Management Group:

· Central Hawke’s Bay District Council

· Hastings District Council

· Hawke’s Bay Regional Council

· Napier City Council

· Wairoa District Council

2. Joint Committee

2.1 In accordance with the Civil Defence Emergency Management Act 2002, the Civil Defence Emergency Management Group is a Joint Committee of the Members established under the Local Government Act 1974 and maintained after 1 July 2003 under the Local Government Act 2002.

3. Definitions

For the purpose of these Terms of Reference:

3.1 “Act” means the Civil Defence Emergency Management Act 2002, which repealed and replaced the Civil Defence Act 1983.

3.2 “CDEM Group” means the Hawke’s Bay Civil Defence Emergency Management Group (CDEM Group).

3.3 “Co-ordinating Executive Group” (the CEG) means the Co-ordinating Executive Group to be established under section 20 of the Civil Defence and Emergency Management Act 2002 and clause 19 of this Terms of Reference.

3.4 “Group Controller” means a person appointed under section 26 of the Civil Defence and Emergency Management Act 2002 and clause 8.1.1 of this Terms of Reference as a Group Controller.

3.5 “Hawke’s Bay Region” for the purposes of this document means the Hawke’s Bay region as defined in the Local Government (Hawke’s Bay Region) Reorganisation Order 1989, excluding the parts of Rangitikei and Taupo District Councils falling within the area administered by the Hawke’s Bay Regional Council.

3.6 “Member” means a Local Authority that is a member of the Civil Defence Emergency Management Group that is the subject of this document.

4. Purpose of Terms of Reference

4.1 The purposes of this Terms of Reference are to:

4.1.1 Provide for the establishment of the CDEM Group in fulfilment of the Member’s obligations under section 12 of the Act;

4.1.2 Define the responsibilities of the CDEM Group as delegated to the CDEM Group by the Members; and

4.1.3 Provide for the administrative arrangements of the CDEM Group.

5. Objectives of the CDEM Group

5.1 The functions, powers and duties of the CDEM Group are specified in the Act. To assist the CDEM Group meet the requirements of the Act, the Group adopts the following objectives:

5.1.1 To ensure that hazards (as defined in the Act) and the consequential risks are identified and assessed;

5.1.2 To ensure an effective and efficient region-wide civil defence emergency management capability to respond to and recover from emergencies (as defined in the Act);

5.1.3 To facilitate effective and efficient emergency management through partnership and co-ordination amongst the organisations represented on the Co-ordinating Executive Group and the utility organisations that operate within the region; and

5.1.4 To promote appropriate mitigation of the risks.

6. Formation and Membership of the CDEM Group

6.1 Pursuant to section 12 of the Act the Parties must unite to establish a CDEM Group as a Joint Committee under section 114S of the Local Government Act 1974.

6.2 The Joint Committee will be known as the Hawke’s Bay Civil Defence Emergency Management Group (CDEM Group).

6.3 Rangitikei District Council, whose district is in the area of both the Hawke’s Bay Regional Council and Manawatu-Wanganui Regional Council, has chosen to become a member of the Manawatu-Wanganui Civil Defence Emergency Management Group. This choice is irrevocable under section 14(3) of the Act.

6.4 Taupo District Council, whose district is in the area of Hawke’s Bay Regional Council, Bay of Plenty Regional Council and Waikato Regional Council has chosen to become a member of the Waikato Civil Defence Emergency Management Group. This choice is irrevocable under section 14(3) of the Act.

6.5 The Members of the CDEM Group will be the Hawke’s Bay Regional Council and all those territorial authorities that lie wholly within the boundaries of the Hawke’s Bay region. Each member is to be represented on the CDEM Group by one person only, being the Mayor or Chairman of that local authority or an alternate representative who has been given the delegated authority to act for the Mayor or Chairman.

6.6 An alternate representative must be an elected person from that local authority under section 13(4) of the Act.

6.7 Under section 114S(4) of the Local Government Act 1974, and section 30(9) Schedule 7 of the Local Government Act 2002, the powers to discharge any representative on the CDEM Group and appoint his or her replacement shall be exercisable only by the Member that appointed the representative being discharged.

7. Requirement to Maintain the CDEM Group

7.1 Section 12(2) of the Act, section 114P(5) of the Local Government Act 1974, and clause 30(5) Schedule 7 of the Local Government Act 2002, must not be read as permitting any Member to discharge or reconstitute the CDEM Group.

It is the responsibility of each Member of the CDEM Group to ensure that they have a representative available to participate in the CDEM Group, as soon as practicable after their representative is no longer able to represent that Member for whatever reason, with the same delegated functions, duties and powers as their predecessor.

8. Delegated Authority

The CDEM Group has the responsibility delegated by the Members to:

8.1 Appoint A Group Controller

8.1.1 Appoint in accordance with section 26 of the Act, a suitably qualified and experienced person to be the Group Controller for the Hawke’s Bay region.

8.1.2 Appoint a suitably qualified and experienced person(s) to exercise the functions, powers and duties of the Group Controller in the event of a vacancy in or absence in the office of Group Controller.

8.1.3 Delegate to the Group Controller the functions set out in section 28 of the Act.

8.2 Appointment of Local Controllers

8.2.1 Appoint in accordance with section 27 of the Act and following consultation with the relevant Members, one or more persons to be a Local Controller.

8.3 Appoint Person Who May Declare State of Local Emergency

8.3.1 Appoint in accordance with section 25 of the Act, and following consultation with the relevant Members, at least one representative of a Member of the CDEM Group as a person authorised to declare a state of local emergency within the Hawke’s Bay Region.

8.4 Prepare, Approve, Implement and Review Civil Defence Emergency Management Group Plan

8.4.1 In accordance with sections 48 to 57 of the Act, prepare, and after consultation approve a CDEM Group Plan

8.4.2 In accordance with section 17 of the Act, implement and monitor the CDEM Group Plan within the costs that each Member has agreed to pay.

8.4.3 In accordance with section 56 of the Act, review the CDEM Group Plan.

8.5 Exercise Powers to Perform Its Functions

8.5.1 In accordance with section 18(1) of the Act, all the powers that are reasonably necessary or expedient to enable the CDEM Group to perform its functions, including the power to delegate any of its functions to Members, the Group Controller, or any other person.

8.5.2 In accordance with section 18(2) of the Act:

(a) Recruit and train volunteers for civil defence emergency management tasks; and

(b) Conduct civil defence emergency management training exercises, practices, and rehearsals; and

(c) Issue and control the use of signs, badges, insignia, and identification passes authorised under the Act, regulations made under the Act, or the civil defence emergency management plan; and

(d) Ensure the provision, maintenance, control, and operation of warning systems; and)

(e) Ensure the provision of communications, equipment, accommodation, and facilities for the exercise of the CDEM Group’s functions and powers during an emergency; and

(f) Exercise any other powers that are necessary to give effect to the CDEM Group’s Civil Defence Emergency Management Plan.

8.6 Maintain the Coordinating Executive Group

8.6.1 In accordance with section 20 of the Act, establish and maintain a Coordinating Executive Group consisting of:

(a) The chief executive officer of each Member or a senior person acting on that person's behalf; and

(b) A senior representative of the Police assigned for the purpose by the Commissioner of Police; and

(d) The chief executive of a District Health Board in Hawke’s Bay representing the District Health Board in Hawke’s Bay, or a person acting on their behalf; and

Any other persons that may be co-opted by the CDEM Group to assist the CEG to undertake its responsibilities.

9. Powers Not Delegated

9.1 Section 114Q of the Local Government Act 1974 and Clause 32 Schedule 7 of the Local Government Act 2002 specifically exclude powers of delegation to make a rate, bylaw, borrow money, purchase or dispose of assets (and other powers).

9.2 The determination of internal staff structures of individual Members necessary for the delivery of services required under the Act or the CDEM Group Plan.

9.3 The determination of funding for implementing the CDEM Group Plan.

10. Remuneration

10.1 Each Member of the CDEM Group shall be responsible for remunerating its representative on the CDEM Group for the cost of that person’s participation in the CDEM Group.

11. Meetings

11.1 The New Zealand Standard for model standing orders (NZS 9202: 2001), or any New Zealand Standard substituted for that standard, will be used to conduct CDEM Group meetings as if the CDEM Group were a local authority and the principal administrative officer of the Hawke's Bay Regional Council or his nominated representative were its principal administrative officer.

11.2 Other standing orders may be used, subject to the agreement of the CDEM Group, and in accordance with section 19(1) of the Act.

11.3 The CDEM Group shall hold all meetings at such frequency, times and place(s) as agreed for the performance of the functions, duties and powers delegated under this Terms of Reference. However there will be at least two meetings per year.

11.4 The quorum shall consist of three (3) members.

12. Voting

12.1 In accordance with section 114Q of the Local Government Act 1974 and clause 32(4) Schedule 7 of the Local Government Act 2002, at meetings of the CDEM Group each Member’s representative has full authority to vote and make decisions within the delegations of this Terms of Reference on behalf of that Member without further recourse to that Member.

12.2 Members shall use their best endeavours to avoid use of a casting vote by obtaining majority consensus.

12.3 Each Member has one vote.

12.4 A casting vote shall not be used unreasonably in favour of one Member.

12.5 As general statements of principle, a casting vote is to be used in the best interests of the Hawke’s Bay region.

13. Election of Chairman and Deputy Chairman

13.1 On the constitution or reconstitution of the CDEM Group Members shall elect a CDEM Group Chairman and may elect a Deputy Chairman;

13.2 The Group’s Chairman and Deputy Chairman will hold office for an initial term up to the local body elections in October 2004, and thereafter a term of three years or such a lesser period as may be determined by the CDEM Group. The term of office of an appointed Chairman or Deputy Chairman ends if that person ceases to be a representative of a Member of the CDEM Group.

14. Administering Authority

14.1 In accordance with the section 23 of the Act, the administering authority for the CDEM Group is Hawke’s Bay Regional Council.

14.2 In accordance with section 24(2) of the Act, the administrative and related services referred to in clause 14.1 of these Terms of Reference, include services required for the purposes of the Act, or any other Act, regulation, or bylaw that applies to the conduct of the joint standing committee under section 114S of the Local Government Act 1974, and clause 30 Schedule 7 of the Local Government Act 2002.

15. Good Faith

15.1 In the event of any circumstances arising that were unforeseen by the parties at the time of adopting this Terms of Reference, the parties hereby record their intention that they will negotiate in good faith to add to or vary this Terms of Reference so to resolve the impact of those circumstances in the best interests of:

(a) The Members of the CDEM Group collectively; and

(b) The Hawke’s Bay community represented by the Members of the CDEM Group collectively.

16. Variations

16.1 Any Member may propose a variation, deletion or addition to the Terms of Reference by putting the wording of the proposed variation, deletion or addition to a meeting of the CDEM Group.

16.2 Once a proposed variation, deletion or addition to this Terms of Reference has been put to the CDEM Group, this Terms of Reference is not amended until each Member adopts the revised terms of Reference giving effect to the proposed variation, deletion or addition.

16.3 Notwithstanding clause 16.2, the CDEM Group may amend the Terms of Reference, where the changes will not materially affect the commitment of any individual Member.

17. Review of the Terms Of Reference

17.1 The Terms of Reference will be reviewed and if appropriate amended by the CDEM Group at its meeting following the adoption of its Group Plan and any subsequent amendments to or revisions of that Plan.

17.2 The adoption of an amended Terms of Reference revised under clause 17.1 will be undertaken in accordance with section 16.

Members:	An elected member of the Regional Council with the delegated authority of Council to act for the Chairman of the Hawke’s Bay Regional Council being: Councillor Fenton Wilson The Mayor or an elected member of the following local authorities with the delegated authority to act for the Mayor: Wairoa District Council, being Craig Little Napier City Council, being Bill Dalton Hastings District Council, being Lawrence Yule Central Hawke’s Bay District Council, being Peter Butler
Chairman:	A member of the Committee as elected by the Committee; being:
Deputy Chairman	A member of the Committee as elected by the Committee; being:
Meeting Frequency:	As required but at least twice annually
Staff Executive:	Chairman Coordinating Executive Group

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 06 November 2013

SUBJECT: Councillor Remuneration and Allowances

Reason for Report

1. The Remuneration Authority has now gazetted their 2013 determination on local government elected member remuneration and allowances. This determination outlines the remuneration for Chairperson, Deputy Chairperson, Committee Chairs and Councillor positions. The determination is consistent with the recommendation that the Council gave the Remuneration Authority in June 2013.

2. The determination also sets out changes in the vehicle mileage and communications allowances for elected members. This paper proposes that Council’s policy on elected member allowances and expenses be amended to reflect these changes.

Background

Elected Member Remuneration

3. The Remuneration Authority has recently undertaken a review of local government elected member remuneration using a new ‘size index’ criteria. This criteria includes the size of Council (population/assets administered etc) and an assessment of time commitment required on Councillor activities. These changes came into effect after the October 2013 elections. The Remuneration Authority has set the Chairperson salary and a base Councillor salary. In addition there was an available pool of $70,050 which could be allocated across positions of responsibilities such as Deputy Chairperson and Committee Chairs.

4. The Remuneration Authority required Council to make a submission on the how they recommended the funding pool to be allocated based on how many positions of responsibility were proposed. The Remuneration Authority required that the distribution of this pool for positions of responsibility needed to be decided by the then current Council and that a submission on the distribution of the pool be made to the Remuneration Authority by 19 July 2013 so that a determination could be put in place prior to the 2013 elections. A copy of the determination 2013 as it relates to Regional Councils is appended as Attachment 1 to this paper. The salary information confirmed by the Remuneration Authority in the determination is set out below.

5. This determination, as it relates to salaries to be paid to Councillors, will continue to apply after the 2013 elections providing that the number of positions of responsibility (currently six provided for in the determination) continue to apply for the new Council term. These six positions of responsibility are currently:

5.1. Deputy Chairman of Council

5.2. Corporate and Strategic Committee Chair

5.3. Environment and Services Committee Chair

5.4. Regional Planning Committee Chair

5.5. Regional Transport Committee Chair

5.6. Hearings Committee Chair.

6. The Remuneration Authority has advised that, subject to the following exceptions, payments will be made under this determination for the incoming Council.

6.1. Where the incoming Council resolves to increase the number of positions of responsibility in excess of the six included in the current determination and accordingly recommends amended payments.

6.2. Where the incoming Council resolves to recommend that there be fewer positions of responsibility than the current six provided for in the determination, and that the available pool of $70,050 for these positions be distributed over the fewer number of positions.

7. In either of the above instances, the Remuneration Authority has advised that:

7.1. The Council would need to submit their new structure for positions of responsibility to the Remuneration Authority for its approval and inclusion in a further determination.

7.2. That all Councillors (including Committee Chairs and Deputy Chairman) would be paid at the base Councillor remuneration up until the revised remuneration was issued by the Remuneration Authority. The timing for the new determination has been given by the Remuneration Authority as February/March 2014.

7.3. The revised payments covering positions of responsibility in the new determination would be backdated to the appointment of the Councillor to a position of responsibility.

Elected Member Allowances and Expenses

8. Council has a policy in place on Elected Members Allowances and Expenses which was last amended in July 2011. The latest determination on local government elected member remuneration and allowances has made some changes to vehicle mileage allowance and communications allowance for elected members which need to be reflected in the policy.

9. The paper proposes that Council amends its policy on Elected Members Allowances and Expenses (Section 5, Para 3 (i) & (ii) and Section 8) to reflect the increase in vehicle mileage rates and communication allowances. The amended policy is appended as Attachment 2.

Decision Making Process

10. Council is required to adopt a policy on Elected Members Allowances and Expenses which are consistent with the relevant sections of the Local Government Elected Members Determination. This policy requires the approval of the Remuneration Authority once it has been approved by Council.

Recommendations

That Council:

1. Notes the remuneration levels for Councillors as included in the Remuneration Authority determination 2013 and the implications on this determination if there are variations to positions of responsibility from that used by the Remuneration Authority in setting that determination.

2. Adopts the Elected Members Allowances and Expenses Policy following, and submits this policy to the Remuneration Authority for their approval.

Manton Collings

Corporate Accountant

Paul Drury

Group Manager

Corporate Services

Attachment/s

1 View	Extract from 2013 Remuneration Authority Determination
2 View	Elected Members Allowances and Expenses Policy

Elected Members Allowances and Expenses Policy

Attachment 2

ELECTED MEMBERS ALLOWANCES AND EXPENSES

Council’s policy and rules for expenses (including reimbursement allowances) for the electoral tenure commencing 13 October 2013.

ELECTED MEMBERS ALLOWANCES AND EXPENSES

Hawke's Bay Regional Council has resolved to adopt the following policy as provided to the Remuneration Authority.

Section 1 – Name of Local Authority

Hawke's Bay Regional Council

Contact person for enquiries: Paul Drury, Group Manager Corporate Services

Email: pdrury@hbrc.govt.nz Telephone: 06 835 9205

Section 2 – Documentation of Policies

Rules and procedures relating to the expenses and allowances payable to elected members are recorded in the following document:

HBRC Policy Handbook, Section 1.4 Councillors, Last Updated 6 November 2013.

Section 3 – Authentication of Expense Reimbursements and Allowances

The principles and processes under which Hawke's Bay Regional Council ensures that expense reimbursements and allowances are payable are as follows.

Principles

· Are in line with Council policies

· Have a justified business purpose

· Are payable under clear rules communicated to all claimants

· Are approved by a person able to exercise independent judgement

· Are adequately documented

· Are reasonable and conservative in line with public sector norms

· Are, in respect of allowances, a reasonable approximation of expenses incurred on behalf of the local authority by the elected member

· Support administrative efficiency by the payment, where possible, of standard allowances based on fair and reasonable value of costs incurred, rather than requiring elected members to continue to make numerous claims.

Processes

1 Councillors are issued with an explanatory memorandum explaining their entitlements and how they should claim them.

2 Councillors are required to make expenditure claims for all allowances, other than agreed regular payments, which are approved by the Chief Executive prior to payment.

3 All reimbursement costs will be based on actual and reasonable expenditure with claims to be supported by appropriate invoices to substantiate the claim and will be approved as part of the Council’s normal creditor payment process.

Section 4 – Vehicle Provided

Where the Chairman decides to take up the entitlement to a Council vehicle then the terms and conditions for the supply of a vehicle will be determined by the Chief Executive Officer in line with policies set out by the Remuneration Authority.

Section 5 – Vehicle Mileage Allowance

1. A vehicle mileage allowance is payable to an elected member for travel by that member each day, but only if:

a. the member is not otherwise provided with a vehicle by the Council; and

b. the distance travelled by the member on the day exceeds the threshold distance; and

c. the travel is:

i. in a private vehicle; and

ii. on Council business; and

iii. by the most direct route that is reasonable in the circumstances.

2. The maximum vehicle mileage allowance payable in any one twelve month period is the rate per kilometre as set out in the current Remuneration Authority determination:

a. $0.77 per kilometre for the first 3,548 kilometres;

b. $0.37 per kilometre for any distance over 3,548 kilometres.

3. Restrictions on mileage claims:

a. The threshold distance means the shorter of the following distances:

i. the distance equivalent to a round trip between the member’s residence and the nearest office of the Council by the most direct route that is reasonable in the circumstances; and

ii. 30 kilometres, if the distance equivalent to a round trip between the member’s residence and the nearest office of the Council is greater than 30 kilometres by the most direct route that is reasonable in the circumstances.

b. ''Council business'' is defined as ''official Council business whereby elected members are invited or required to attend both informal or formal meetings or events related to Council. These do not include meetings with constituents, or the elected member's own initiatives to familiarise or better inform themselves in any way with Council business, or where a Council function is primarily entertainment”.

Section 6 – Travel Time Allowance

1. Council may pay a Councillor a travel time allowance if the office of the Councillor cannot be properly regarded as a full-time position.

2. An allowance may be paid to a Councillor under subclause (1) for each day within the period of this determination that:

a. the Councillor is travelling

i. on Council business; and

ii. by the quickest form of transport reasonable in the circumstances; and

b. the travel time of the Councillor exceeds 1 hour.

3. The allowance is payable, in relation to each day for which the Councillor qualifies under subclause (2),

a. at no more than $35 per hour; but

b. only in respect of the travel for that day that exceeds 1 hour.

4. In this clause, on the Council’s business includes:

a. travel between a Councillor’s residence and an office of the local authority.

Section 7 – Travel and Accommodation

(Mileage Claims – refer Section 5)

Taxis and other transport

Elected members will be reimbursed for the actual and reasonable cost of any expenditure on taxis and other transport incurred where such expenditure is considered reasonable and necessary for the attendance at conferences, seminars and business related meetings attended at the request of Council, or approved by the Chairman.

Carparks

Individual carparks are allocated to each elected member for use on Council and Committee meeting days only. In addition, the Chairman has a permanent car park and one other car park is permanently available for any other elected member to attend Council business at the Council offices.

Use of rental cars

Elected members will be reimbursed for the actual and reasonable cost of any expenditure on rental cars where this is considered necessary to attend conferences, courses and business meetings attended at the request of Council, or approved by the Chairman. If rental cars are used they are to be cheaper than mileage allowance or air fare.

Air Travel – Domestic

All domestic travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

Air Travel – International

All international travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

Council will meet the cost only of economy class airfares unless specifically approved otherwise by the Chairman or Chief Executive.

Stopovers for long distance flights will be at the discretion of the Chairman or Chief Executive, and where approved, will be paid or reimbursed.

Airline Clubs / Airpoints / Airdollars

The Chairman is provided with a Koru Club membership on the basis of frequency of air travel.

Airpoints or airdollars earned on travel, accommodation etc., paid for by the Council are available for the private use of members.

Accommodation costs while away at conferences, seminars, etc

Elected members will be reimbursed for the actual and reasonable cost of any expenditure incurred where this expenditure is incurred for attendance at the request of Council or approved by the Chairman or Chief Executive. Travel is to be approved in advance and all bookings are to be made through Council Corporate Services. This provision also applies to Councillors who normally live at a distance from Napier who stay overnight prior to or between Council or committee meetings

Meals and sustenance, incidental expenses

The reasonable cost of meals and sustenance will be paid or reimbursed where such expenditure is incurred for attendance at conferences, courses and business meetings attended at the request of Council, or approved by the Chairman or Chief Executive. A light lunch is generally provided to Councillors on Council and Committee meeting days.

Private accommodation paid for by local authority

An allowance of $50 per night can be claimed by elected members where they decide to stay privately when attending a conference, course or business meeting where their attendance is at the request of the Council or approved by the Chairman or Chief Executive. Reasonable additional costs associated with staying privately can be claimed only if the prior approval of the Chairman or Chief Executive has been received.

Section 8 – Entertainment and Hospitality

There are no hospitality or entertainment allowances paid to elected members. Where entertainment or hospitality is required at the request of the Council, or on the approval of the Chairman or Chief Executive, reimbursement can be claimed of an actual and reasonable basis.

Section 9 – Communication Allowances

Equipment and technology provided to elected members

The following allowances are paid to elected members to assist with the costs of equipment and technology provided by the elected member. Where Council requires members to use the following equipment the allowances below will be paid.

Use of a personal computer $110

Use of an electronic tablet $110

Use of a printer (with or without scanner) $30

Use of a mobile phone $45

Use of an internet connection $185

Council related toll and mobile phone charges $295

Limitation to Total Communications Allowance Payable

Councillors will be limited to a total payment in any one financial year of $775.

If elected members choose not to use their own equipment then Council may provide the equipment and technology required. All equipment provided by the Council will be subject to approval by the Chairman. This equipment continues to be the property of the Council. The communications allowances which refer to the equipment provided will not be paid.

Section 10 – Professional Development, Clubs and Associations

Council pays for the cost of professional development courses, seminars, etc, approved by Council or the Chairman, within a specified annual budget.

No expenses or allowances in respect of subscriptions to Clubs or associations are paid other than professional bodies specific to their role with Council, e.g. RMLA for Hearings Committee members.

Section 11 – Other Expense Reimbursements and Allowances

The following are reimbursed or provided to elected members.

Clothing

Elected members will be supplied with a rain jacket bearing the Council's logo.

Stationery

Stationery is available on request for use on Council business.

Elected Members' Office

Elected members are entitled to use the Councillors' Office, located next to the Council Chamber on the ground floor of the Regional Council building. The office is equipped with desks, a telephone and a computer.

Chairman’s Office

The Chairman is provided with an office at the Council’s offices in Napier. This office includes a direct dial telephone extension and networked computer. Full secretarial assistance is also provided.

Section 12 – Taxation of Allowances

Withholding tax will be deducted from all allowances (as distinct from reimbursements of actual business expenses)

Section 13 – Signature

I seek approval from the Remuneration Authority, in relation to the electoral tenure commencing 13 October 2013, of the expense reimbursement rules and payments of allowances applicable to elected members as set out in this document which was adopted by Council on 6 November 2013.

The approved document and any attachments will be available for public inspection in accordance with the Remuneration Authority's determination.

E Lambert

Signature Chief Executive Date

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 06 November 2013

SUBJECT: Appointment of Members to other Groups/Boards

Reason for Report

1. Collaborative stakeholder groups provide HBRC with valuable input into policy, plan and strategy development processes.

2. Councillors are also appointed to various external bodies where representation from the HBRC has been requested, or and/or where HBRC has a financial interest.

3. The role of councillors on these various organisations is not to direct or lead the group (except where appointed by the group to do so) but instead it is to inform the group of Council’s view and to act as a conduit for the group back to Council.

4. This paper covers appointments to current groups/organisations. The need to make additional appointments to other groups invariably arises through the three-year term of Council.

Entity Representation

Cycling Plan Governance Group

5. Councillors and staff have been involved in the development of the extensive network of pathways covering the Heretaunga Plains and now growing in Wairoa and Central Hawke’s Bay.

6. During the last term of Council, HBRC was represented at meetings of the Napier Pathways Trust and the Hastings Pathways Trust. The Hastings Trust has now been disbanded.

7. Over the next three years there is expected to be a focus on the promotion of the network to maximise the benefit to the Hawke’s Bay economy. This will require agreement between the three councils, who own the majority of the network, on standards to which the pathways should be maintained, working collaboratively with pathways owners and other stakeholders to identify potential improvements to the network and how those may be funded, and linking to central government through Nga Haerenga the NZ Cycle Trails.

8. The Cycling Plan Governance Group is being coordinated through HBRC to ensure oversight of the cycling network in Hawke’s Bay and to ensure its ongoing return is maximised. The Group meets approximately once every six months.

9. It is recommended that one councillor be appointed to the Cycling Plan Governance Group.

Tbfree Hawke’s Bay Committee

10. This Committee is TBfree New Zealand’s (previously known as the Animal Health Board) link to the local community.

11. HBRC is a core member of this Committee which provides advice on the programme for the eradication of Bovine Tuberculosis from domestic herds in Hawke’s Bay.

12. The Committee is the local Committee for TBfree NZ whose primary role is to manage the implementation of the National Pest Management Plan for Bovine TB, with the aim of eradicating the disease from New Zealand.

13. HBRC contribute approximately $600,000 (10% of the total cost of the programme) annually to TBfree’s animal pest eradication programme in Hawke’s Bay. 70% of this is sourced through a targeted rate on properties over 4ha.

14. TBfree Hawke’s Bay Committee generally meets 3 times per year and holds one field trip. This Committee is TBfree’s link to the local community and it is recommended that the Chair of the Environment and Services Committee be the Council’s representative on this committee.

Hawke’s Bay Drought Committee

15. The Drought Committee is activated at times of severe drought in HB to enable a coordinated response to the situation. Participants include District Councils, East Coast Rural Support Trust, Ministry of Primary Industries, and many stakeholders involved in the primary productive sector.

16. This Committee is facilitated by HBRC as part of its overview of natural hazards for Hawke’s Bay the Civil Defence Emergency Management Joint Group.

17. During the 2012/13 summer drought the Committee was chaired by the Regional Council Chairman.

18. It is recommended that the Chairman of Council be appointed to the Hawke’s Bay Drought Committee.

Biodiversity Strategy Steering Group

19. HBRC made a commitment in its 2012-22 Long Term Plan to facilitate, in collaboration with a range of stakeholders, the development of a regional biodiversity strategy.

20. The regional biodiversity strategy will establish agreed outcomes and priorities for biodiversity within the Hawke’s Bay region by December 2014. Good progress has already been made with the high level outcomes, development of a biodiversity accord and regional biodiversity forum all agreed in principle.

21. In August 2012 Council agreed that there would be Councillor representation on the biodiversity strategy steering group which is the governing body for the development of the strategy. The steering group meets four times a year for half a day.

22. It is recommended that one councillor be appointed to the Biodiversity Steering Group.

Greater Heretaunga Plan Change (TANK) Collaborative Stakeholder Group

23. The Council’s work programme includes the development of the Greater Heretaunga/Ahuriri Land and Water Plan Change. The Plan Change will be an integrated approach to managing the Tutaekuri, Ahuriri, Ngaruroro and Karamu catchments (colloquially termed the “TANK” catchments).

24. The Plan Change is a significant piece of work as it affects a large number of water abstractors (approximately 2000, many which expire in 2015) and will set the management regime (quantity and quality) for the main rivers (Ngaruroro, Tutaekuri and tributaries) and aquifers. The Plan Change will also address stormwater management and will take into account the receiving environment including estuaries and the near shore marine area. The TANK area includes the entire Heretaunga Plains and the towns of Hastings, Napier and Havelock North.

25. Because the Plan Change will affect such a large proportion of the Hawke’s Bay community, the process requires a considerable amount of community engagement. To manage this, Council has established a stakeholder group to identify and deliberate on the key issues. The group consists of 35 members representing agricultural and horticultural sectors, government agencies, environmental and community interest groups and mana whenua / tangata whenua.

26. The TANK Group’s discussions into land and water management have progressed to a point where a TANK Interim Report is to be made available. The Interim Report will summarise the TANK process; who has been involved; the major issues identified; and the agreements reached to date.

27. The Interim Report will be presented to the Regional Planning Committee meeting on 4 December and will be pre-circulated to Committee members three weeks in advance of this date. A briefing paper from staff will accompany the TANK Interim Report for the Committee’s 4 December meeting agenda.

28. The TANK Group will continue its discussions into next year with the aim of developing agreed policy recommendations for the Greater Heretaunga and Ahuriri Plan Change.

29. It is recommended that one councillor from each of the Napier, Hastings and Ngarururo constituencies be appointed to the TANK Stakeholder Group.

Heretaunga Plains Urban Development Strategy Implementation Working Group

30. This Working Group comprises two Councillors each from Napier, Hastings and Hawke’s Bay Regional councils with the Chair of HBRC and mayors of Napier and Hastings being appointed ex officio. It meets quarterly or more frequently as required.

31. It was established in 2011 to oversee the implementation of the findings of the Heretaunga Plains Urban Development Strategy. The strategy takes a long term integrated view of urban land use and infrastructure. It provides an overall framework for aligning plans and strategies of organisations that deal with urban planning, including the Regional Transport Strategy.

32. It is recommended that two councillors be appointed to the Heretaunga Plains Urban Development Strategy Implementation Working Group.

Upper Tukituki Facilitation Group

33. The Upper Tukituki Facilitation Group is part of the community engagement structure established by HBRC to manage phosphorous (P). Its membership includes landowners, Tamatea taiwhenua, Fish and Game, Forest and Bird, DoC, CHBDC and HBRC. It brings together industry good practice and HBRC’s implementation plan for reducing P.

34. It is recommended that one councillor be appointed to the Tukituki Facilitation Group.

Hawke’s Bay Sports Council

35. The Hawke’s Bay Sports Council is a forum of members directly involved in the provision of sport and active recreation opportunities for the people of Hawke’s Bay. It exists to ensure that those organisations with fundamental roles in the provision of sport and active recreation opportunities, engage in a collaborative, structured, transparent and strategic manner to ensure a successful regional model for sport and active recreation provision.

36. The Council meets on a quarterly basis at Sport Hawke’s Bay’s offices.

37. It is recommended that one councillor be appointed to the Hawke’s Bay Sports Council.

Decision Making Process

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

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

38.2. The use of the special consultative procedure is not prescribed by legislation.

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

38.4. The persons affected by this decision are all persons with an interest in the Council’s management of regional resources.

38.5. Options that have been considered include not making any appointments to any groups or organisations listed.

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

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

Recommendations

That Council:

1. 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. Appoints Councillor representatives to the following organisations or groups:

2.1 One representative on the Cycling Plan Governance Group; being Councillor ...

2.2 One representative on the TBfree Hawke’s Bay Committee; being Councillor ...

2.3 One representative on the Hawke’s Bay Drought Committee; being Councillor ...

2.4 One representative on the Biodiversity Strategy Steering Group; being Councillor

2.5 Three representatives on the Greater Heretaunga Plan Change (TANK) Collaborative Stakeholder Group; being Councillors ...

2.6 Two representatives on the Heretaunga Plains Urban Development Strategy Implementation Working Group, being Councillors ...

2.7 One representative on the Tukituki Facilitation Group; being Councillor ...

2.8 One representative on the Hawke’s Bay Sports Council; being Councillor ...

Mike Adye

Group Manager

Asset Management

Helen Codlin

Group Manager

Strategic Development

Liz Lambert

Chief Executive

Attachment/s

There are no attachments for this report.

Draft HBRC Comments to NZ Petroleum and Minerals

Attachment 2

Our Ref: RMP 2-2

xx November 2013

David Binnie

New Zealand Petroleum and Minerals

Ministry of Business, Innovation and Employment

PO Box 11473

Wellington 6140

via email to: blockoffer2014@mbie.govt.nz

Dear Mr Binnie

Comments on Proposed Block Offer 2014

Thank you for the opportunity to provide comments on the proposed Block Offer 2014 (‘BO2014’). As you noted in your letter of 18 September, we think our local knowledge is valuable for making better informed selection of blocks for the BO2014.

You had invited comments on a number of specific matters. Those comments are provided in section 2.

These comments were considered and agreed by the Council at its meeting on 6 November 2013.

Yours sincerely

liz lambert

Interim Chief Executive

Phone: (06) 835 9214

Email: liz@hbrc.govt.nz

Address for Service: Hawke's Bay Regional Council

Private Bag 6006

NAPIER 4142

Attn: Gavin Ide

e: gavin@hbrc.govt.nz

p: (06) 833 8077

1. General comments

1.1 Capacity and engagement

In recent years, HBRC has continued to develop capacity and liaise with other councils and central government agencies regarding oil and gas exploration activities in Hawke's Bay. Examples include recent participation in a public forum event hosted by Hastings District Council on the topic of oil and gas exploration industry. Another example is the ongoing liaison at various levels with government officials and departments, including NZP&M.

Oil and gas exploration has clearly emerged over recent years as a hot topic in public submissions made on HBRC’s Long Term Plan and Annual Plans. We are conscious that the issue of oil and gas exploration is one in which there is significant public interest, and there is much debate within our community around the environmental issues and risks associated with these activities. The recent Oil and Gas Symposium hosted by Hastings District Council confirmed the high level of public interest.

HBRC recognises that significant local and national economic benefits may accrue should oil and gas production develop commercially in the East Coast Region. We are also conscious of the potential impact on our broader economy and social environment and take this opportunity to provide comments on some additional matters.

HBRC’s work programme adopted in the 2012-22 Long Term Plan and subsequent 2013/14 Annual Plan does not propose any amendments to RMA planning documents specifically for oil or mineral exploration. We elaborate on HBRC’s current planning document contents in section 2 of our comments below.

1.2 Sensitive areas

HBRC has previously indicated to NZP&M in relation to earlier Block Offers that we would be uncomfortable with any offer made across the region’s productive aquifers. Again in these comments on BO2014, HBRC strongly urges the Minister not to include any Blocks or smaller grids thereof in or near any of the following areas:

(a) Heretaunga Plains aquifer system

(b) Ruataniwha Plains aquifer system

We consider these aquifers warrant a more precautionary approach due to the increased risk based on consequence given the value placed on, and derived from, these very important productive aquifer systems.

From the maps available with the BO2014 documentation, it appears that the BO2014 areas do not extend into or near the Heretaunga Plains aquifer system. We submit that this exclusion be maintained.

Meanwhile, parts of the ‘East Coast Basin’ area do appear to cover the Ruataniwha Plains aquifer system. We submit that no parts of the East Coast Basin Block Offer should be offered in or near the Ruataniwha Plains aquifer system. Alternatively, that the area in vicinity of the Ruataniwha Plains aquifer system be excluded from the final Block Offer 2014 decided by the Minister.

2. Comments on particular matters

The following comments are provided in response to your invitation to comment on two particular matters:

(a) an indication of how HBRC classifies petroleum exploration activities in regional planning documents; and

(b) wāhi tapu areas and other areas of significance to Maori.

2.1 Classification of petroleum exploration activities in RMA planning documents

HBRC’s regional plans are silent on matters to do with petroleum exploration generally in that they do not allow, restrict or prohibit petroleum exploration or production activities per se. We suggest this would be fairly typical of regional planning instruments prepared under the RMA because the RMA focuses on the actual and potential effects (both beneficial and adverse effects) of activities on the environment – not the activities and types of activities themselves.

There are a number of resource consent requirements likely as a result of activities associated with petroleum exploration. In general terms, the presumption in the RMA is that any disturbance of a river bed (s13), any take or use of water (s14), any discharges of contaminants to water, and any discharge to land or air from an industrial or trade premise (s15) must either comply with a rule in a regional plan, or gain resource consent^{^[4]}.

Regional councils can also regulate land use activities (s9) for the purpose of maintaining water quality. Where HBRC has chosen to do that, any activity that contravenes a regional rule must also gain consent.

2.2 Consent requirements for petroleum exploration

Table 1 outlines the possible consent requirements for petroleum exploration activities^{^[5]}. This is a list of the likely activities that will be involved in their operation.

In some cases, an exploration permit holder may determine that they can comply with all conditions of the relevant permitted activity rules and therefore can carry out those activities without requiring consent. This level of detail is anticipated to be determined by permit holders nearer the time of operations, or when other consent applications are lodged.

TABLE 1: Indicative summary of regional rules applicable to onshore^{^[6]} petroleum exploration in Hawke's Bay

Likely consent requirements	What RRMP rules apply	Rationale for consent requirements	Likely consent requirements
Bore drilling	Rule 1	The Council regulates all drilling of bores.	Bore permit as a controlled activity
Discharge to air from hydrocarbons flaring, diesel generators or any other air discharges on site	Rules 17, 18, 28 or 30	Discharges to air from industrial and trade premises are regulated by the Council. Discharge consent would be required if any flaring of hydrocarbons occurs that is unable to comply with Rule 17. Other discharges to air may require consents in accordance with Rule 28 or Rule 30.	Consent likely to be required for flaring and generators – will depend on applications as to what activity status applies. Status ranges from permitted to discretionary
Discharge of bore drilling fluids onto or into land	Rule 34 and Rule 52	Some exploration companies have previously indicated that they would use synthetic drilling fluids which would be unable to comply with the standards relating to oil and grease.	Discretionary activity consent, or no consent required if taken outside of the region to an approved disposal site
Diversion and discharge of stormwater to land / water	Rule 42 or Rule 52	Discharge of stormwater from an industrial of trade premises used for the storage of hazardous substances.	Stormwater consent will be required. Status will be controlled or discretionary, depends on measures to avoid adverse effects.
Hydraulic fracturing (discharge of contaminants to land)	Rule 52	Discharges to land from an industrial or trade premise are regulated by the Council and there is no relevant permitted activity.	Discretionary activity consent
Take surface water from a farm dam	Rule 54 or Rule 55	May be able to comply with permitted activity rule (Rule 54). Main triggers for consent will be maximum volume and residual flow requirements.	Permitted activity or discretionary
Culverts in the bed of watercourses as part of upgrading access roads	Rule 72 or Rule 69	May be able to comply with permitted activity rule (Rule 72). Main trigger will be catchment size upstream of any structure (150 ha max).	Permitted or discretionary

2.3 Additional Considerations:

In past discussions with one exploration company for their specific mode of operations, they had indicated the following activities would not require consents from HBRC, for the reasons specified:

(a) Discharge of produced water (fracking fluid) – to be disposed of outside of HB, e.g. in Taranaki

(b) Sewage and water supply for on-site accommodation – to be tanked in / out of the site to a disposal facility.

There are may be other activities that may trigger the need for consent (or compliance with a permitted activity rule). These include the following:

(a) Vegetation clearance or soil disturbance due to earthworks

(b) Other discharges of contaminants to land from activities on the site

2.4 Wāhi tapu and other sites of significance to Māori

Wāhi tapu and other sites of significance to Maori outside of the Hawke's Bay coastal marine area are not identified in regional plans or the regional policy statement. These are typically identified in district plans.

In relation to the coastal marine area, the Hawke's Bay Regional Coastal Environment Plan (RCEP) is the relevant regional planning document. The RCEP identifies 21 Significant Conservation Areas that have important ecological, historic, scientific and/or cultural value. The RCEP also identifies a number of historic heritage areas and features. Some of those historic heritage areas relate to wāhi tapu areas registered on the Historic Places Register. In addition to these mapped areas in the RCEP, Ngati Kahungunu has proclaimed that the “whole of the coastal marine area is of significance to Ngati Kahungunu. The Coastal Margin is also of importance to Ngati Kahungunu.” ^{^[7]}

Based on the map titled ‘Proposed Block Offer 2014 Hawke's Bay East Coast’ supplied by NZP&M to HBRC, none of the ‘Block Offer 2014 consultation areas’ appear to be located in any of the RCEP’s Significant Conservation Areas nor Historic Heritage Areas. We submit that the BO2014 offshore areas remain as not extending into any of those Significant Conservation Areas or Historic Heritage Areas.

Attachments:

1. Location map of Heretaunga Plains aquifer system (from RRMP Schedule IV)

2. Location map of Ruataniwha Plains aquifer system (from RRMP Schedule IV)

3. Location map of Significant Conservation Areas in Hawke's Bay coastal marine area (from RCEP planning maps)

[1] NOTE: For the avoidance of doubt, the Hearings Committee is not delegated the functions, powers and duties to hear and make decisions on submissions made in relation to a proposed plan, policy statement, plan change or variation under the RMA. Such functions, powers and duties are delegated to a Panel of accredited RMA hearings commissioners appointed by the Council on an as needed basis, based on recommendations from the Regional Planning Committee.

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

[3] Activities generally include seismic surveys, sampling, aeromagnetic surveys, geological mapping, geochemical surveys, geophysical surveys, compiling reports and analysing data, and exploratory drilling (which is not the same as petroleum production).

[4] Activities can also occur if they can comply with a relevant National Environmental Standard, but in this case there are none likely to apply.

[5] This summary is not intended to be an exhaustive list of all possible consent requirements, nor details of every rule and associated conditions. The purpose is to provide an outline of the likely consents required based on HBRC’s understanding of exploration activities. Final consent requirements will be determined once applications are lodged.

[6] Table 1 is an indicative summary of regional rules applicable to onshore exploration. Rules in the HB Regional Coastal Environment Plan would apply to any offshore exploration activities in the Hawke's Bay coastal marine area (i.e. between mean high water springs and the 12 nautical mile limit). The proposed Pegasus Basin Block Offer 2014 area appears to be largely beyond the 12 nautical mile limit.

[7] See, inter alia, Chapter 6 of HB Regional Coastal Environment Plan - explanations and reasons for objectives and policies.

Members:	a. Voting Members Two elected members of the Regional Council being: Councillor xx Councillor xx One representative, as appointed by Council, from each of the following organisations who are able to propose to the Committee short term replacements to attend in their place if they are unable to attend any meeting:
		Wairoa District Council Hastings District Council Napier City Council Central Hawke's Bay District Council New Zealand Transport Agency
	b. Advisory Members (non voting)
		New Zealand Police Automobile Association (AA) Napier Port KiwiRail One road transport representative; and One cultural interest representative.
Chairman:	A member of the Committee as elected by the Council being: Councillor xx
Deputy Chairman:	Cr xx
Quorum:	A quorum of the Regional Transport Committee shall be four members – three of whom shall be members able to vote on matters related to regional transport programmes.
Voting:	In accordance with section 105(7) at any meeting of the RTC, the chair, or any other legislated person presiding at the meeting,— (a) has a deliberative vote; and (b) in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved). All members have full speaking rights but only representatives of the Regional Council, Territorial Authorities and the Agency are entitled to vote on matters related to regional transport programmes.
Meeting Frequency:	Three monthly, or as required.
Staff Executive:	Transport Manager
Technical Advisory Group (TAG)	The Transport Committee considers advice relating to strategic roading issues from a Technical Advisory Group (TAG), generally comprising Roading and Infrastructural Planning officers from NZTA and the Territorial Authorities and is chaired by the HBRC Transport Manager. TAG members attend but do not vote at the Transport Committee meetings.

Members:	· All Councillors being: · Two appointed members of the Maori Committee being: and .
Chairman:	A member of the Committee as elected by the Council being:
Deputy Chairman:	The Chairman of Council or in his/her absence the Deputy Chairman of Council
Meeting Frequency:	Two-monthly, generally on the second Wednesday of the month
Staff Executive:	Group Manager Resource Management Group Manager Asset Management

Members:	All Councillors Two appointed members of the Maori Committee being: the Chairman of the Maori Committee and one other nominee
Chairman:	A Councillor as elected by the Council being:
Deputy Chairman:	The Chairman of Council, or in his/her absence the Deputy Chairman of Council
Meeting Frequency:	Generally on the second Wednesday of every second month
Staff Executive:	Chief Executive, Group Manager Strategic Development and Group Manager Corporate Services and other staff as required.

Members:	Four elected and accredited Members of Council; and up to three accredited members of the Maori Committee, nominated by the Chairman of the Maori Committee.
Hearing Panel Composition:	The Hearing Panel sitting to make decisions relating to 1.1.1 to 1.1.5, 1.2 1.3, 1.4, 2.1 and 2.2 above shall comprise any combination of: The Chairperson sitting alone; Up to three members of the Hearings Committee; Up to five accredited Commissioners; If considered advisable in any particular case by the Chairman of the Hearings Committee, a member of the Council’s Maori Committee. Also when appropriate, the Chair of the Standing Committee when hearings directly relate to policy originating from that Committee.
	The Hearing Panel Chair has a Casting vote.
Chairman:	A Chairing Accredited member of the Committee as elected by the Council being:
Deputy Chairman:	A member of the Committee as elected by the Council being:
Meeting Frequency:	As is required
Staff Executive:	Group Manager Resource Management
Qualifications:	In accordance with s39B all persons appointed to a hearing panel shall be accredited, except that where there is a group, and over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

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 Appointments to Napier Port Board of Directors	7(2)(a) 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 protect the privacy of natural persons.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Members:	All elected members of the Council
Chairman:	Chairman of the Council being: Fenton Wilson
Deputy Chairman:	Elected Deputy Chairman being: Christine Scottr
Meeting Frequency:	Generally the last Wednesday of each month
Staff Executive:	Chief Executive

Members:	The Chairman of the Council being: Fenton Wilson The Deputy Chairman of the Council Councillor Christine Scott The Chairs of the Corporate and Strategic and Environment and Services committees; being
Chairman:	Chairman of the Council being: Fenton Wilson
Meeting Frequency:	As required
Staff Executive:	Chief Executive

Members:	Three elected members of the Council being: The Chairman of the Council ex officio being: Fenton Wilson Twelve representatives nominated by the Tangata Whenua who are to be appointed at the first meeting of the Committee by the three elected members of the Council and with Tangata Whenua Members of the Maori Committee able to propose to the Committee short term replacements to attend in their place if they are unable to attend any meeting with one representative nominated from each of the following groups:
	(Yet to be confirmed)	Kaumatua (Wairoa) Kahungunu Executive (Wairoa) Wairoa Taiwhenua (Wairoa) Kaumatua (Hastings) Heretaunga Executive (Hastings) Heretaunga Taiwhenua (Hastings) Tamatea Executive (Central Hawke’s Bay) Kaumatua (Central Hawke’s Bay) Tamatea Taiwhenua (Central Hawke’s Bay) Kaumatua (Napier) Te Whanganui a Orotu Taiwhenua (Napier) Ahuriri Executive (Napier)
Chairman:	A Tangata Whenua member of the Committee as elected by the Committee.
Meeting Frequency:	Bi-monthly, but with the Chairman of the Committee authorised to arrange additional meetings should the need arise with the fourth Tuesday in the month being the normal meeting day.
Staff Executive:	Chief Executive

1 View	NZPAM Proposed Block Offer area map
2 View	Draft HBRC Comments to NZ Petroleum and Minerals