MINUTES OF A meeting of the Regional Council



Date:                          Wednesday 16 March 2016

Time:                          11.00am


Council Chamber

Hawke's Bay Regional Council

159 Dalton Street



Present:                     F Wilson - Chairman

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

J Palmer – Group Manager Strategic Planning

P Drury – Group Manager Corporate Services

I Maxwell – Group Manager Resource Management

L Hooper – Governance & Corporate Administration Manager

J Scotland – Director, HBRIC Ltd

H Caldwell – HBRIC Ltd Company Manager


1.       Welcome/Prayer/Apologies/Notices 

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


RC15/16     That the apologies from Councillor Peter Beaven be accepted.



Councillor Rick Barker’s absence, without apology, was noted.


2.       Conflict of Interest Declarations

There were no conflict of interest declarations.


3.       Confirmation of Minutes of the Regional Council Meeting Held on 24 February 2016



Minutes of the Regional Council Meeting held on Wednesday, 24 February 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.




Note:      Public Excluded minutes of the Regional Council meeting held on 24 February 2016 will be confirmed at the Regional Council meeting on 30 March 2106.


4.       Matters Arising from Minutes of the Regional Council Meeting Held on 24 February 2016

There were no matters arising from the minutes.



HBRC Environmental Flows


Mrs Lambert explained the intention of the paper, which is to seek Council’s decision on whether to consult on the in principle decision from the 24 February 2016 meeting, related to entering into a Water User Agreement with the Ruataniwha Limited Partnership, as an amendment to the 2015-25 Long Term Plan.

Discussion and queries traversed:

·         Audit suggested legal advice be sought, however the CEO did not seek legal advice because: 1. with the need to Audit Long Term Plan amendments and therefore the inclusion of those in the Annual Plan consultation process there was insufficient time to wait for legal advice; and 2. there appeared to be general consensus amongst councillors that the decision is significant and should be consulted on, so staff considered it prudent to recommend that Council goes straight to consultation without delay thus making need to seek an opinion on whether it was necessary irrelevant.

·         It was suggested that the projected cost figures be provided per annum rather than one lump sum

·         the Chief Executive stated that HBRIC had verbally advised that the figures provided in February were incorrect as they included the variable energy charge which did not apply to the Environmental Flows, and if the decision today is to go to consultation on an ‘Amendment to 2015-25 Long Term Plan’ then the figures will need to be corrected prior to any submission to Audit

·         The possible environmental benefits to be achieved, and where those investigations are proposed to be carried out, i.e. use of enhancing ecological Lake Hatuma

·         Suggested that this amendment information needs to ‘front’ the consultation document and there will be public information/ consultation meetings

·         Because this is an amendment to the LTP, all documentation supporting and including the changes will be subject to audit.



That Council:

1.      Agrees that the decision in principal to enter into a 35 year water user contract with Ruataniwaha Water Ltd partnership, as proposed in the letter dated 18 February 2016 from HBRIC Ltd, be open to a special consultative process through an amendment to Council’s Long Term Plan 2015-25.

2.      Agrees that this amendment to the Long Term Plan 2015-25 be included in the Consultation Document issued on the Annual Plan 2016-17, and that such an amendment be subject to an audit as required by the Local Government Act 2002.

3.     Requests that HBRC staff arrange a workshop in public excluded to allow HBRIC Ltd to brief councillors on the projected distributions and the cash flows over time with increased uptake from the Ruataniwha Water Limited Partnership.






There being no further business the Chairman declared the meeting closed at 11.46am on Wednesday 16 March 2016.


Signed as a true and correct record.




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