MINUTES OF A meeting of the Regional Council

Date:                          Wednesday 28 October 2015

Time:                          9.00 am

Venue:

Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER

Present:                     F Wilson - Chairman

R Barker

P Beaven

T Belford

A J Dick

R Graham

D Hewitt

D Pipe

C Scott

In Attendance:          M Mohi – Chairman – Maori Committee

E Lambert – Chief Executive

M Adye – Group Manager Asset Management

P Drury – Group Manager Corporate Services

L Hooper – Governance & Corporate Administration Manager

G Ide – Manager Strategy & Policy

M Collings – Corporate Accountant

K Kozyniak – Senior Scientist Climate & Air

1. Welcome/Prayer/Apologies/Notices 

The Chairman welcomed everyone present to the meeting, and Councillor Pipe offered the prayer.

There were no apologies, nor notices.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3.       Confirmation of Minutes of the Regional Council Meeting Held on 30 September 2015

RC48/15

Resolution Minutes of the Regional Council Meeting held on Wednesday, 30 September 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. Graham/Pipe CARRIED

4.       Matters Arising from Minutes of the Regional Council Meeting Held on 30 September 2015

Resolution

That the Chief Executive provide to Councillors who request it, the information relied on to calculate the attendance figures for Councillors for the annual report, broken into meetings with minutes and others.

Barker/Graham

CARRIED

In relation to pg9, item 12, Mrs Lambert advised that the further Heretaunga Plains Groundwater Management report from the Group Manager Resource Management will be on the 25 November Council agenda.

In relation to the Chairman’s Report, item 15 on pg 11, it was suggested that the report be included with the Agenda in future.

There were no further matters arising from the minutes.

5.	Follow-up Items from Previous Regional Council Meetings
	Staff were congratulated on the Outstanding Research, Planning and Policy Award from the New Zealand Recreation Association. Further information was provided on the HDC District Plan and the Nature Preservation Zone provisions and the Council Statutory advocacy duties, the alternative source of Westshore renourishment, progress on the Biodiversity Strategy and a request for briefing on the Otane wastewater consent application.
RC49/15	Resolution 1.      That Council receives the report “Follow-up Items from Previous Regional Council meetings”. Hewitt/Belford CARRIED

6.	Call for any Minor Items Not on the Agenda
	Recommendation That Council accepts the following minor items not on the Agenda, for discussion as Item 16: 1.     Coastal Hazards (Beaven)

7.

Affixing of Common Seal

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

		Seal No.	Date
1.1	Leasehold Land Sales 1.1.1     Lot 94           DP 13216           CT  E4/376 -     Transfer 1.1.2     Lot 1           DP 11893           CT  C4/359 -     Agreement for Sale and Purchase -     Transfer 1.1.3     Lot 71           DP 14225           CT  g1/8 -     Agreement for Sale and Purchase 1.1.4     Lot 18           DP 13066           CT  E3/399 -     Agreement for Sale and Purchase	3704 3707 3711 3708 3710	28 September 2015 13 October 2015 16 October 2015 13 October 2015 15 October 2015
1.2	Hawke’s Bay Regional Resource Management Plan Adoption of Plan Change 6 (Tukituki River Catchment)	3703	21 September 2015
1.3	Agreement for Sale and Purchase 3714m^2 Part Lot 27 Deeds Plan 140 C/T 82/54 Acquiring Land for River Works at Pakowhai (map attached)	3705	29 September 2015
1.4	Proxy Hawke’s Bay Regional Investment Company Ltd	3706	12 October 2015
1.5	Deed of Covenant Lot 1 DP 19060 and Lot 4 DP 20256 CT M1/105 (Pursuant to Public Works Act 1981 for acquiring an easement to drain water over part of the property to widen the Mahora Drain - the property has been sold and this Deed is with the new owners)	3709	14 October 2015

RC50/15

Resolutions

That Council:

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

2.      Confirms the action to affix the Common Seal.

Scott/Dick

CARRIED

8.	2016 Proposed Schedule of Council and Committee Meetings
	Mrs Lambert outlined the rationale and principles underlying the schedule.
RC51/15	Resolution 1.      That Council adopts the 2016 Schedule of Meetings as proposed. Dick/Scott CARRIED

9.	Report and Recommendations from the Maori Committee
	Mr Mike Mohi, Maori Committee Chairman, provided an overview of discussions at the meeting, including the appointment of a Senior Planner with experience in Maori issues, Joyce-Anne Raihania, who starts next week, Hawea & Waitangi-Tutaekuri Park proposals as well as the He Toa Takitini treaty settlement. Mr Mohi then provided the Committee’s rationale underlying the proposal for Maori Committee meetings to be held out in the taiwhenua areas. It is proposed that the Councillor for the relevant constituency and the Regional Planning Committee member for the relevant rohe be invited to the meeting, and that the taiwhenua be responsible for organising the Agenda. Maori Committee members would not be required to attend meetings outside of the rohe they represent, however are welcome if they wish. Senior HBRC managers with relevant items on the agenda would attend meetings as required.
RC52/15	Resolutions The Maori Committee recommends 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. Maori Committee Proposal 2.     Endorses and supports the proposed ‘trial’ alternative meeting arrangements for 2016, in the period leading up to the 8 October Local Elections; being to hold: 2.1.   one meeting in Wairoa rohe 2.2.   one meeting in Tamatea rohe (Central Hawke’s Bay) 2.3.   two meetings in Heretaunga/Ahuriri rohe (at HBRC in Napier). Reports Received 3.     Notes that the following reports were provided to the Maori Committee meeting. 3.1.   Update on Current Issues by the Regional Council Chairman and Interim Chief Executive 3.2.   He Toa Takitini Treaty Settlement Update 3.3.   Hawea Park and Gravel Management Review Updates 3.4.   Pakipaki Vision 3.5.   Waitangi / Tutaekuri Development 3.6.   Clifton to Tangoio Coastal Hazards Strategy Development Update 3.7.   August-September 2015 Statutory Advocacy Update. Graham/Hewitt CARRIED

10.

Recommendations from the Hearings Committee

Councillor Scott, as Chairman of the Hearings Committee provided an overview of discussions at the meeting and the rationale for amending the Terms of Reference to align better with Council delegations.

RC53/15

Resolutions

The Hearings Committee recommends 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.

Terms of Reference

2.     Adopts the Terms of Reference as amended by deleting section 3 (following).

Reports Received

3.     Notes that the following reports were provided to the Hearings Committee meeting.

3.1.   Confirmation of Hearings Panel Appointments

3.2.   Schedule of Limited and Publically Notified Consent Applications in Process.

Scott/Pipe

CARRIED

Hearings Committee

Terms of Reference

(adopted 28 October 2015)

1. Pursuant to Section 34(1) of the Resource Management Act (RMA) the Hawke's Bay Regional Council delegates the following functions, powers and/or duties under the RMA[1]:

1.1. To hear and make decisions on applications arising out of the Council's regulatory responsibilities as follows:

1.1.1. notified applications where submissions have been made and submitters wish to be heard;

1.1.2. reviews of conditions (s.128) where consent holder and/or submitters wish to be heard;

1.1.3. notified applications where submissions have been made and where the Committee considers it necessary to hold a hearing;

1.1.4. objections to decisions made under delegated authority by staff, where they wish to be heard (s.357);

1.1.5. where the staff recommendation is to decline any application for reasons other than inadequate information;

1.2. To determine other related discretionary process matters that may be associated with a hearing such as waivers of time, as appropriate under the Resource Management Act 1991.

1.3. To hear and make decisions on objections against costs under Section 36(6) of the Act and objections to the levying of Financial Contributions under Section 108 of the Act.

1.4. To hear and make decisions on lapsing of consents under Section 125 of the Act where a decision of an officer acting under delegated authority is subject to an objection.

1.5. The appointment of Hearings Committee members or independent commissioners to a Hearing Panel to undertake the functions set out above in 1.1 to 1.4 pursuant to s 34A RMA and the appointment of the Chair of the Hearing Panel.

2. Pursuant to section 82 of the Biosecurity Act (BA) the Hawke’s Bay Regional Council delegates the following functions, powers and/or duties under the BA:

2.1. To hear and make decisions on submissions received on any statutory documents prepared by Council which have been subject to a formal submission process under the Biosecurity Act.

2.2. To authorise the resolution and settlement of appeals and references through formal hearings or mediation before the Environment Court or any other judicial body which relate to the preparation of any statutory documents prepared under the Biosecurity Act by the Council and to either generally or from time to time delegate to officers the authority to resolve and settle appeals and references through formal mediation.

Members:	Up to five elected and accredited Members of Council; being: Councillors Christine Scott, Peter Beaven, Dave Pipe, Debbie Hewitt and Rick Barker, and Regional Council Chairman Fenton Wilson (ex officio) And up to four accredited members of the Maori Committee, nominated by the Chairman of the Maori Committee; being: Mr Mike Mohi, Dr Roger Maaka, Mr Marei Apatu, Mr Brian Gregory
Hearing Panel Composition:	The Hearing Panel sitting to make decisions relating to 1. and 2. above shall comprise any combination of: The Chairman 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 Chairman of the Standing Committee when hearings directly relate to policy originating from that Committee.
Voting:	The Hearing Panel Chairman has a Casting vote.
Chairman:	A Chairing Accredited member of the Committee as elected by the Council being: Councillor Christine Scott
Deputy Chairman:	A Chairing Accredited member of the Committee as elected by the Council being:
Meeting Frequency:	As is required
Quorum:	The Chairman of the Hearings Committee plus one other member of the Hearings Committee or the Chairman of the Regional Council
Staff Executive:	Group Manager Resource Management and Group Manager Asset 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.

11.	Petroleum Exploration Proposed Block Offer 2016
	Mrs Lambert introduced Mr Shane Lambert, Senior Planner, who outlined the process undertaken to develop the comments – through comments received by councillors and members of the Regional Planning Committee. There was discussion around the ‘reasons for requesting the exclusion’ and it was agreed to re-order the list. It was noted that Napier City Council has agreed to submit in support of the HBRC submission.
RC54/15	Resolutions 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. 2.      Lodges the submission as attached, including the amendments agreed. Belford/Beaven CARRIED

12.	Annual Plan Progress Report for the First Three Months of the 2015-16 Financial Year
	Mr Paul Drury and Mr Manton Collings outlined the financial results for the first three months of the 2015-16 financial year. Discussions traversed interest rates and returns on Council’s bank deposits, investments and investment returns, reforecasting exercise to occur 9 months into the financial year, budgeting for re-fitting the Council Chamber and discussions on regional rating for regional activities, i.e. tourism.
RC55/15	Resolution 1.      That Council receives and takes note of the Annual Plan Progress Report for the first three months of the 2015-16 financial year. Graham/Belford CARRIED

The meeting adjourned at 10.30am and reconvened at 10.50am

13.	Air Quality Update
	Dr Kathleen Kozyniak provided an overview of the Air Quality monitoring results from the last winter. She outlined latest findings on  health impacts of PM10 and improved understanding of the mechanisms such as the body treating micro particulate matter as a virus. There was discussion around the airshed boundaries, regions that have achieved substantial reductions in the number of exceedences of the standards, and source apportionment relating to the salt contribution to PM10. Further discussions traversed different sources of particulate matter, the influence of weather on air quality, emissions inventory and monitoring, telling the same story of overall reductions, and transition of old wood burners to approved clean heat sources through the Clean Heat initiative which has dramatically reduced PM10 emissions in HB.
RC56/15	Resolution 1.      That Council receives the “Air Quality Update” report. Graham/Scott CARRIED

16.	Monthly Work Plan Looking forward through November 2015
	In response to a query, Mr Adye advised that the Westshore renourishment material provided from the Ngaruroro River (downstream of Fernhill & upstream of Chesterhope Bridge) catchment and Winstone Aggregates (15,000 m^3) is of varying size and will not be mixed prior to being put onto the beach. Discussions traversed the algal bloom at Tutira, satellite mapping of land use across the Heretaunga Plains, groundwater science investigations into whether further deep well drilling is required for informing the TANK process, the Energy Strategy work involving Economic Development staff and the Business Hawke’s Bay presentation to the 18 November Corporate and Strategic Committee.
RC57/15	Resolution 1.      That Council receives the Monthly Work Plan Looking Forward Through November 2015 report. Barker/Beaven CARRIED

17.	Chairman's Monthly Report for October 2015
	The Chairman tabled his report, following, drawing Councillors’ attention to discussions with Minister Nathan Guy at the HB show, and visits from Chinese delegations. Mr Mike Adye provided some additional commentary on the delegations that have recently visited, adding that future delegations will include political representatives. General Comments · HB Local Government Leaders have been meeting following the amalgamation result and are looking to programme further shared service opportunities. · Wairoa Taiwhenua are very keen to progress opportunities in their rohe around economic development Chaired Meetings 30/9/15     Regional Council 14/10/15   Heretaunga Plains Urban Development Scheme meeting 15/10/15   HB Local Government Leaders’ Forum Other Activities 1&2/10/15        National Council Strategy Days 8/10/15            Meeting with Wairoa District Council re: Hill Country Strategy and Rural Community Resilience project 8/10/15            Meeting with Tamati Olsen 9/10/15            Wairoa Taiwhenua Board meeting re Economic Development with Tom Skerman 12/10/15          HBRIC Ltd AGM 13/10/15          Maori Committee 13/10/15          Hearings Committee 14/10/15          Speaking to Lindsfarne Students re Ruataniwha Water Storage Project 15/10/15          Site tour with Hearings Panel 15/10/15          Meeting with Business Hawke’s Bay Board with Chief Executive 15/10/15          Meeting with Gregg Wycherley (Fresco Nutrition) 19&20/10/15    C.P.M Asphalt Limited Hearings Panel 21/10/15          HB Show and met with Hon. Nathan Guy 22/10/15          Napier Port HB Primary Sector Awards Launch 27/10/15          Coastal Hazards Strategy Group Delegations 9/10/15     Hosted Xuzhou delegation – Cr Scott 16/10/15   Grand Opening of Miracle Water Ltd – Cr Scott 19/10/15   Hosted Xuzhou delegation – Cr Pipe Priorities in Month Ahead •  Joint Councillor meeting at the end of the month •  Meeting Sir Wira Gardiner, Chairman of the Local Government Commission •  East Coast Hill Country Symposium There was further discussion around shared services, regional advocacy, regional strategic planning and regional activity being funded regionally, as well as how the report might be improved to increase its usefulness.
RC58/15	Resolution 1.      That the Chairman's Monthly Report for October 2015 be received. Dick/Graham CARRIED

18.

Minor Items not on the Agenda

Item	Topic	Councillor / Staff
1.	Joint Coastal Hazards Committee Technical work based on a probabilistic rather than the previous deterministic approach, looking forward 50 and 100 years hence has been completed by Tonkin & Taylor and was presented to various stakeholder groups yesterday, and comments invited by mid November 2015. Joint Committee will meet 27 November to adopt the report and consider next steps. Copies of the report available for Councillors upon request. Next year the Joint Committee will embark upon community engagement around risk appetite, cost of addressing issues and options available.	Cr Beaven

19.

Confirmation of the Minutes of the Public Excluded Meeting Held on 30 September 2015

RC59/15

Resolution

That the Council exclude the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 19 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
HBRIC Ltd Financial Structuring	7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Scott/Beaven

CARRIED

20.

Maori Committee Chairman's Remuneration

RC60/15

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 20 Maori Committee Chairman's Remuneration with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Maori Committee Chairman's Remuneration	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.

Scott/Beaven

CARRIED

The meeting went into public excluded session at 12pm and out of public excluded session at 12.30pm

The meeting adjourned at 12.30pm and reconvened at 1pm

14.	Archives Central Presentation
	Mrs Suzanne Craig provided an overview of Archives Central, developed by the MW LASS as a local government archive facility. In future, the facility hopes to become the ‘national’ repository for local government records. Michael Biggs and Paul xx ran through the facility itself, and its climate controlled and earthquake strengthened building. Aim to provide online access to records for any member of the public with access to a computer with internet, however happy for members of the public to access records during office opening hours.
RC61/15	Resolution 1.      That Council receives the “Archives Central” presentation. Scott/Graham CARRIED

15.	HBRIC Ltd October 2015 Update
	Dr Andy Pearce introduced the item, apologising for not having a formal written report for inclusion in the Agenda due to timing of the Board meeting which was after agendas had been sent, and expressing his desire for the opportunity to have confidential discussions with councillors in relation to matters subject to commercial sensitivities and privacy of individuals. Mr Andrew Newman provided an update on water uptake, with steady progress having been made since the last report four weeks ago. Discussions traversed the Forest & Bird High Court appeal against the DoC land swap decision, discussions with Fish & Game around opportunities at Lake Hatuma and obligations on the consent holder (HBRIC Ltd) around biodiversity offsets and water quality.
RC62/15	Resolution 1.      That the HBRIC Ltd October 2015 Update report be received. Scott/Pipe CARRIED

Closure:

There being no further business the Chairman declared the meeting closed at 2.00pm on Wednesday 28 October 2015.

Signed as a true and correct record.

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

---

[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.