Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 27 September 2017

Time:                10.15am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Agenda

 

Item       Subject                                                                                                                  Page

 

1.         Welcome/Apologies/Notices 

2.         Conflict of Interest Declarations  

3.         Confirmation of Minutes of the Regional Council Meeting held on 30 August 2017

4.         Follow-ups from Previous Regional Council Meetings                                                 3

5.         Call for Items of Business Not on the Agenda                                                              7

Decision Items

6.         2017 Navigation Safety Bylaws for Adoption                                                                9

7.         Consents RMA Delegations Update                                                                           59

8.         Recommendations from the Regional Planning Committee                                      89

9.         Recommendations from the Environment & Services Committee                             97

10.       Recommendations from the Corporate & Strategic Committee                               101

11.       Affixing of Common Seal                                                                                           103

Information or Performance Monitoring

12.       Report from the Regional Transport Committee                                                       105

13.       Collection of 2016-17 Rates                                                                                      107

14.       HBRC Staff Projects and Activities through October 2017                                      111

15.       Chairman's Monthly Report for September 2017

16.       Items of Business Not on the Agenda                                                                      117

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Follow-ups from Previous Regional Council Meetings

 

Reason for Report

1.    On the list attached are items raised at Council Meetings that staff have followed up on. All items indicate who is responsible for follow up, and a brief status comment. Once the items have been report to Council they will be removed from the list.

2.    Also attached is a list of LGOIMA requests that have been received since the last Council meeting.

Decision Making Process

3.    Staff have assess the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

 

Recommendation

That the Council receives the report “Follow-up Items from Previous Meetings”.

 

 

Authored by:

Leeanne Hooper

Governance Manager

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

1

Follow-ups from Previous Regional Council Meetings

 

 

  


Follow-ups from Previous Regional Council Meetings

Attachment 1

 



HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Call for Items of Business Not on the Agenda

 

Reason for Report

1.      Standing order 9.12 states:

A meeting may deal with an item of business that is not on the agenda where the meeting resolves to deal with that item and the Chairperson provides the following information during the public part of the meeting:

(a)   the reason the item is not on the agenda; and

(b)   the reason why the discussion of the item cannot be delayed until a subsequent meeting.

Items not on the agenda may be brought before the meeting through a report from either the Chief Executive or the Chairperson.

Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002 with regard to consultation and decision making.

2.      In addition, standing order 9.13 allows “A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.

Recommendations

1.     That Council accepts the following “Items of Business Not on the Agenda” for discussion as Item 16.

1.1.   Urgent items of Business (supported by tabled CE or Chairpersons’s report)

 

Item Name

Reason not on Agenda

Reason discussion cannot be delayed

1.           

 

 

 

 

2.           

 

 

 

 

 

1.2.   Minor items for discussion only

Item

Topic

Councillor / Staff

1.   

 

 

2.   

 

 

3.   

 

 

 

Leeanne Hooper

GOVERNANCE & CORPORATE ADMINISTRATION MANAGER

Liz Lambert

GROUP MANAGER
EXTERNAL RELATIONS

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: 2017 Navigation Safety Bylaws APPROVAL for CONSULTAtion

 

Reason for Report

1.      The 2012 Navigation Safety Bylaw needs to be updated in 2017, and approval is sought to take a proposed version of the 2017 Bylaw to public submission stage prior to its return to Council for approval and adoption.

Consultation Process and Outcomes

2.      A special consultative process to review the Navigation Safety Bylaw was undertaken during late 2016 through early 2017.

3.      Initial consultation on the bylaw was undertaken with an invitation to the public to make comment and attend public meetings throughout the region in October 2016.

4.      A first draft of proposed changes to the bylaw was completed and submitted to Maritime New Zealand for their comment.

5.      A further draft, taking account of feedback from the informal consultations with the public and MNZ was produced and this is the document that sits before Council. 

6.      Input and further direction is sought from Council on any changes to the draft document, with any alterations redrafted and provided to the public for a final opportunity for input.

7.      On completion of the final public consultation process, a recommended final version of the 2017 Navigational Safety Bylaw will be presented to Council for adoption.

8.      Subject to final Maritime New Zealand approval, the 2017 Bylaw will come into effect.

Updated Bylaws – What’s Changed

9.      The, attached, draft has the additions and changes from the 2012 Bylaw highlighted in yellow.

10.    The most significant inclusion is the introduction of mandatory registration of Jet Skis. The introduction will maintain conformity with other Regional councils. Especially Waikato, which administers Lake Taupo, where there is a perceived sharing of Jet Ski users between Taupo and Hawke’s Bay.

11.    Further amendments suggested also reflect uniformity with other regional Navigation and Safety Bylaws adopted by other Regional Councils.

12.    Feedback from councillors is welcomed either via this meeting or by correspondence with the Harbourmaster by 18 October 2017.

Financial and Resource Implications

13.    Jet Ski registration will be at users cost and estimated to be approximately $35 per vessel. The fee will be waived for the first year of implementation and those costs will be covered through existing budgets. Community education will be required and will be a part of the current education programmes. There will be a small materials cost that will be covered in existing

14.    The Harbourmaster will advise the various recreational and commercial organisations of the amendments as part of the current stakeholder meetings he attends.

15.    The cost of any updated and amended signage around the region will be contained within the current budget.

16.    Printing of the 2017 Bylaw will be kept to a minimum and fall within the current budget. The content will also be made available via the HBRC web site, linked through social media contacts and media outlets via media releases and advertising.

Decision Making Process

17.    Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

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

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

17.3.   The persons affected by this decision are all persons involved in or impacted by these activities in the commercial and recreational use of the waters in the Hawke Bay region.

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

 

Recommendations

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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.      Approves the draft 2017 Navigation Safety Bylaws for public consultation.

 

Authored by:

Martin Moore

Harbourmaster

Wayne Wright

Manager Resource Use

Approved by:

Liz Lambert

Group Manager External Relations

 

 

Attachment/s

1

Draft Updated Navigation Safety Bylaw 2017

 

 

  


Draft Updated Navigation Safety Bylaw 2017

Attachment 1

 

















































HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Consents RMA Delegations Update

 

Reason for Report

1.      To identify and seek Council approval of the proposed changes to the Consents Delegation Manual to enable staff to ensure the efficient, effective and timely day to day processing of resource consent applications.

2.      Changes to the Resource Management Act 1991 via the Resource Legislative Amendment Act 2017 (RLAA) 2017 have introduced some further areas of discretion that should be incorporated into the consents delegations manual. This will ensure officers can exercise the necessary day to day functions required under the RMA.

3.      Changes to the Council management groups means the Group Manager of External Relations is the Group Manager in charge of the RMA consents, compliance and enforcement processes. RMA delegations were given to the Group Manager External Relations in May 2017 without making changes to the Manual. These are now incorporated in the Consents Delegation Manual.

Legislative Changes

4.      RLAA 2017 introduces changes in four stages. Some took effect on the day of Royal Assent (18 April 2017), the second takes effect in 6 months after Royal Assent (18 October 2017), the third stage takes effect a year after Royal assent, and the fourth stage takes effect 5 years after Royal Assent. It is the second stage that introduces changes that affect decision making processes that require additional delegations to assist in processing resource consents. A checklist of the amendments is attached.

5.      As well as introducing new elements, the RLAA also reorganises some parts of the RMA requiring changes to the sections as referenced. The main changes are highlighted in the table below as well as in the attached Consents Delegation Manual (with shading of the relevant section numbers in the left hand column).

Table 1: Summary of Main Changes to the delegations manual arising from RLAA 2017

Section

Change

Reason

36(5) and (6)

36AAB(1) and (2)

Changes to the numbering.

Consistency with the RMA

41(B) and (C)

To issue instructions for hearing processes.

This is not new but has been added to enable officers to assist in Hearings proceedings before a panel has been appointed or to assist a panel.

41D

The power to strike out submissions is expanded and set out in a new section. Additional reasons include if the submission contains offensive language, or evidence is given by someone purporting to be an expert who is not.  

Amended provision. This power is available at any stage of the consenting process. It could be exercised by a hearing panel but may be appropriate for officers to exercise earlier than a hearing in order to avoid the need for a hearing.

87BB

To determine and process activities as Deemed Permitted Activities

New provision allowing that activities that would be permitted except for a marginal or temporary non-compliance may be treated as a permitted activity. 

95 to 95E

To determine the need to notify or limited notify an application. Sections 95 to 95E have been amended to lay out the notification and limited notification tests on a step by step basis. 

These sections are changed but the process essentially remains the same. The delegations manual has been simplified to reference these sections more generally because the structure makes it difficult to refer to specific subsections.

95F and 95G

To determine whether an activity will have adverse effects on a protected customary right or on the rights applying to a customary marine title group.   

This reflects a minor change to the wording. If these groups rights are considered to be affected and they have not provided their written approval they should regarded as an affected party and notified. 

104(1)(ab)

To have regard to positive effects on the environment to offset or compensate for any adverse effect.

This adds a further matter for consideration when deciding on an application. No change has been made to the delegations as the general reference to s104 covers this addition.

108AA

To determine conditions on a consent within limitations.

This sets limits for conditions that reflects case law.

 

6.      The Consents Delegation Manual has also been edited in this process to correct errors or reduce duplications, including some minor changes to the notes for staff.

Decision Making Process

7.      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 in relation to this item and have concluded:

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

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

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

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

7.5.      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 Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community.

2.      Approves the amendments to the Consents Delegation Manual as attached. 

 


Authored by:

Malcolm Miller

Manager Consents

 

Approved by:

Liz Lambert

Group Manager
External Relations

 

 

Attachment/s

1

Overview of Resource Legislation Amendments 2017

 

 

2

Consents Delegations Manual September 2017

 

 

  


Overview of Resource Legislation Amendments 2017

Attachment 1

 






Consents Delegations Manual September 2017

Attachment 2

 





















HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject:     Recommendations from the Regional Planning Committee

 

Reason for Report

1.      The following matters were considered by the Regional Planning Committee meeting on 6 September 2017 and are now presented for Council’s consideration and approval.

Decision Making Process

2.      These matters have all been specifically considered at the Committee level.

 

Recommendations

The Regional Planning Committee recommends that Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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.

Oil & Gas Plan Change Work Programme Update

2.      Supports, in principle, the ‘Iwi and Stakeholder Engagement Plan’ incorporating feedback arising from the Regional Planning Committee and Maori Committee meetings (as attached).

Reports Received

3.      Notes that the following reports were provided to the Regional Planning Committee.

7.1     Regional Planning Committee 2016-17 Annual Activity Report

7.2     Presentation of Experiences of an Applicant for Customary Recognition Under Marine and Coastal Area (Takutai Moana) Act 2011

7.3     Verbal Presentation on the Science of the Heretaunga Plains Water Resource.

 

Authored by:

Leeanne Hooper

Governance Manager

 

Approved by:

Liz Lambert

Group Manager
External Relations

 

 

Attachment/s

1

Oil & Gas Plan Change Iwi & Stakeholder Engagement Plan

 

 

  


Oil & Gas Plan Change Iwi & Stakeholder Engagement Plan

Attachment 1

 







HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Recommendations from the Environment & Services Committee

 

Reason for Report

1.      The following matters were considered by the Environment & Services Committee meeting on 13 September 2017 and are now presented for Council’s consideration and approval.

Decision Making Process

2.      These matters have all been specifically considered at the Committee level.

 

Recommendations

The Environment and Services Committee recommends that Council:

1.     Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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.

Future Management of Water Takes on the Heretaunga Plains

2.     Endorses the proposed approach for the interim management of groundwater resources in the Heretaunga Plains detailed following, and requests urgent presentation of long term solutions to meet water demands.

2.1.   To provide for the interim management of groundwater resources in the Heretaunga Plains through the following approaches, distinguishing between existing resource consents and new resource consents.

Existing resource consents

2.2.   Existing resource consents for groundwater takes can be exercised within the conditions set when the consent was issued (or any subsequent review of conditions).

2.3.   A consent holder can use more water than previously, provided the take is within the maximum rates and volume set out in the consent document and providing the take is for the purpose set out in the consent document and, in the case of irrigation, does not exceed the soil moisture deficit.

2.4.   Should a resource consent expire before new rules are in place they may be replaced for up to the same amount, although it is likely that greater scrutiny may be made of the need for the amount that is applied for.

2.5.   Changes to existing consents that do not increase the overall annual allocation or increase actual use may be able to be granted. For example, amendments to rates of take or weekly abstraction volumes will not increase the annual allocation, increase actual abstraction or cause additional stream depletion effects. In some highly connected areas, increases in short term rates and volumes may increase stream depletion effects, and this will need further assessment at the time of an application. 

Stock or Domestic Water takes

2.6.   Takes for an individual’s stock and/or domestic needs on the property are able to continue to occur without the need for a resource consent, in accordance with the Resource Management Act.

 

 

 

Permitted Activity Takes

2.7.   The Regional Resource Management Plan (RRMP) allows for a permitted activity take of up to 20m3/day to be taken for use on a property. It is not proposed to change this at this stage, although it may be adjusted during the Plan Change process.

Frost protection takes

2.8.   Takes for frost protection may continue as consented and a case may be put for taking water for frost protection purposes for existing horticultural activities.

Transfer of existing consents or parts of consents

2.9.   Where a property is sold and the transfer is to the new owner the consent can be exercised as before.

2.10. If a take is proposed to be transferred to another property in its entirety or if it is proposed to divide a consent and transfer unused water to another property or use then the transfer is likely be declined as it will lead to increased water demand and use. (There may be circumstances where no more than the current recorded use will occur, indicating no change in existing effect.)

New applications for groundwater take resource consents

2.11. If a resource consent application was received by Council prior to 18 August it will continue to be processed as done previously.

2.12. Any new resource consent application that had been the subject of discussions with HBRC before 18 August, and which the applicant can demonstrate has involved a reasonable capital or tangible investment, will be processed. If consent is granted conditions will be included to identify that:

2.12.1.   The consent will be subject to review when the TANK plan change becomes operative if the Plan Change sets limits that are exceeded.

2.12.2.   The consent may be subject to a lower priority when the Plan Change takes effect and/or may be issued for a shorter period to reflect the uncertainty of this water being taken longer term.

2.13. Any resource consent application which is not covered by either 12.10 or 12.11 will be required to provide scientific evidence that the allocation of the water sought can be made without adding to the current cumulative adverse effect of takes on the Heretaunga Plains aquifer and on the connected surface flows. In practice. This may be difficult to demonstrate. These applications will be notified. 

2.14. This is an interim approach for dealing with new applications until such time as the TANK Plan Change has legal effect. It is anticipated that, consistent with the NPS FM (2017), the TANK Plan Change will set groundwater and surface water allocation limits. If these are less than what is currently allocated then this is likely to include methods for reducing allocation over time so that specified allocation limits or targets are met within a specified timeframe. It is also anticipated that methods such as storage and augmented releases may be developed to offset some of the effects of abstraction enabling a smaller reduction in the overall allocation, and potentially allowing for more water to be allocated.

Gravel Management Plan and Environmental Code of Practice Adoption

3.     Adopts the Hawke’s Bay Riverbed Gravel Management Plan and the Environmental Code of Practice for River Control and Waterway Works (2017).

September 2017 Public Transport Update and Fare Review

4.     Agrees to maintain bus fares at current levels, with a further review to be undertaken in September 2018.

 

 

 

Reports Received

5.     Notes that the following reports were provided to the Environment & Services Committee.

5.1.   Panpac Application for Direct Referral to the Environment Court (Resolved: Approves the request by PanPac to allow the direct referral of this application to the Environment Court and Decides to exercise its delegated powers to make a decision that will have the same effect as the Council could itself have exercised or performed, and that the decision deserves urgency due to requirement to meet Statutory timeframes for these types of decisions, and the decision is carried unanimously)

5.2.   Biodiversity Strategy Implementation Planning Group Wrap-up and Next Steps (Resolved: Endorses the Hawke’s Bay Biodiversity Action Plan 2017-2020)

5.3.   HBRC Ahuriri Integrated Catchment Management Plan & NCC Ahuriri Master Plan

5.4.   Verbal Update on Freshwater Improvement Fund Applications / Environmental Hotspot Projects

5.5.   Stormwater Management Update

5.6.   Whakatu Weed and Sediment Control Trial

5.7.   Management of Public Use of River Berm

5.8.   Tūtira Regional Park Pine Forest Update

5.9.   Operational Activities Update

 

Authored by:

Leeanne Hooper

Governance Manager

 

Approved by:

Liz Lambert

Group Manager
External Relations

 

 

Attachment/s

There are no attachments for this report.


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Recommendations from the Corporate & Strategic Committee

 

Reason for Report

1.      The following matters were considered by the Corporate & Strategic Committee meeting on 20 September 2017 and are now presented for Council’s consideration and approval.

Decision Making Process

2.      These matters have all been specifically considered at the Committee level.

 

Recommendations

The Corporate and Strategic Committee recommends that Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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.

Remuneration Authority Consultation on Elected Representatives' Remuneration Policies

2.      Agrees to develop a submission with a collective view of the proposed policies, for confirmation at the 13 December 2017 Regional Council meeting to meet the Remuneration Authority deadline in December.

Notice of Motion from Councillor Bailey

3.      Receives the petition and acknowledges receipt of same to First Union

4.      Requests that staff report back to the 11 December Corporate and Strategic Committee:

4.1       on progress of the review of council's tendering policy

4.2       when the Go Bus tender is due for renewal

4.3       if it is possible, to renegotiate the Go Bus tender to reflect any pertinent changes to council's tendering policy.

HBRC Representation Review

5.      In principle, retains the current Representation Arrangements, being five constituencies represented by nine elected representatives as the basis for the Representation Review process, subject to further advice from the Maori Community on the subject of Maori Constituencies.

2016-17 Annual Report - Audit NZ Discussions

6.      Requests that HBRIC Ltd recommends to the Napier Port that it amends its balance date to 30 June in line with Council and HBRIC Ltd financial year dates.

Reports Received

7.      Notes that the following reports were provided to the Corporate and Strategic Committee

7.1.      2018-28 Long Term Plan Development Process Update

7.2.      Presentation of the Napier City Council Aquarium Expansion Business Case

7.3.      HB Tourism Quarterly Update

7.4.      Recommendations from the Finance, Audit and Risk Sub-Committee

7.5.      Verbal Update on the Clifton to Tangoio Coastal Hazards Strategy Development

7.6.      Human Resources 2016-17 Annual Report

7.7.      Community Engagement and Communications Quarterly Update.

 

 

Authored by:

Leeanne Hooper

Governance Manager

 

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

 

 

Attachment/s

There are no attachments for this report.


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Affixing of Common Seal

 

Comment

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 169

          DP 13096

          CT  E/538

-     Transfer

 

1.1.2     Lot 282

          DP 11194

          CT  B3/94

-     Transfer

 

1.1.3     Lot 2

          DP 25978

          CT  W1/164

-     Transfer

 

1.1.4     Lot 40

          DP 14447

          CT  G2/663

-     Transfer

 

1.1.5     Lot 24

          DP 921

          CT  D2/722

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.6     Lot 11

          DP 14228

          CT  HBG1/43

-      Agreement for Sale and Purchase

 

 

 

 

4141

 

 

 

 

4142

 

 

 

 

4143

 

 

 

 

4144

 

 

 

 

4145

4146

 

 

 

 

4148

 

 

 

 

31 August 2017

 

 

 

 

31 August 2017

 

 

 

 

8 September 2017

 

 

 

 

8 September 2017

 

 

 

 

15 September 2017

15 September 2017

 

 

 

 

15 September 2017

 

1.2                                                                                    

1.2.1    D. Meihana

          (Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and Clause 32B Schedule 7 of the Local Government Act 2002)

 

 

 

 

 

4147

 

 

 

 

18 September 2017

 

2.      As a result of sales, the current numbers of Leasehold properties owned by Council are:

2.1.      2 cross lease properties were sold, with 84 remaining on Council’s books

2.2.      4 single leasehold properties were sold, with 139 remaining on Council’s books.

Decision Making Process

3.      Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

2.1   Sections 97 and 88 of the Act do not apply

2.2   Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided

2.3   That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.

 

Recommendations

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy 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.      Confirms the action to affix the Common Seal.

 

 

Authored by:

Trudy Kilkolly

Financial Accountant

Diane Wisely

Executive Assistant

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

James Palmer

Chief Executive

 

Attachment/s

There are no attachments for this report.      


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Report from the Regional Transport Committee

 

Reason for Report

1.      To provide Council with highlights from discussions at the Regional Transport Committee meeting held 1 September 2017.

Reports Provided to the Committee meeting

2.      The following reports were provided to the Committee.

2.1.      Review of Regional Land Transport Plan - Draft Programme of Activities

2.2.      Safe Roads Alliance presented an update on Hawke's Bay Projects

2.3.      Manawatu Gorge Issues and Options

2.4.      September 2017 Transport Manager's Report

2.5.      NZTA Central Region - Regional Director's Report September 2017

2.6.      September 2017 Public Transport Update

2.7.      Roadsafe Hawke's Bay September 2017 Update

2.8.      Advisory Representatives' Verbal Updates.

Decision Making Process

3.      Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

 

Recommendation

That the Council receives the “Report from the Regional Transport Committee” report.

 

 

Authored by:

Leeanne Hooper

Governance Manager

 

Approved by:

Liz Lambert

Group Manager
External Relations

 

 

Attachment/s

There are no attachments for this report.


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

SUBJECT:   Collection of 2016-17 Rates

 

Reason for Report

1.      The purpose of this paper is to report on the results of collecting the rates in 2016-17 from the ratepayers throughout the region, and to provide an analysis of outstanding rates at 30 June 2017.

Background

Rates Setting

2.      The Council sets the rates by a mix of factors on 69,833 rating units in the region. These factors are Uniform Annual General Rate; Uniform Annual Charge; Fixed Amount; Land Value; Capital Value and Area Basis. These factors are used to apply the rates on an equitable basis on the applicable rating units.

3.      Table 1 sets out an analysis of the 2016-17 rates (GST inclusive) classified by the factors used to set the rates.

Table 1: 2016-17 Basis of Rating

Factor

General Rate or Rating Scheme

 

2016-17

Rates

$

Uniform Annual General Rate

UAGC

$2,251,583

$2,251,583

 

 

 

 

Uniform Annual Charge

UAC

Economic Development

Emergency Management (70%)

Karamu Enhancement

Kairakau

Karamu Drain Mtc

 

$1,611,466

$1,195,137

$60,765

        $10,087

$65,018

 

 

 

 

 

$2,942,473

 

 

 

 

Fixed Amount

Voluntary targeted rate for Clean Heat and insulation loan repayment

$1,636,555

$1,636,555

 

 

 

 

Land Value

General Rate

Transport

HPFCS Drains

Porongahau

Poukawa

Clean Heat subsidies and administration

Upper Tukituki

$1,436,419

$1,848,074

$3,474,792

$41,164

$36,988

 

$673,304

$855,150

 

 

 

 

 

 

 

$8,365,891

 

 

 

 

 

Capital Value

HPFCS Rivers

Central & Southern Rivers & Streams

Maraetotara

Economic Development (30%)

Wairoa Rivers & Streams

$2,470,386

$266,753

$12,301

$702,783

$182,528

 

 

 

 

$3,634,751

 

 

 

 

Area Basis Hectare

Animal Pest

Plant Pest

Drain Schemes

Sustainable Land Management

$1,464,133

$469,404

$249,448

$759,103

 

 

 

$2,942,088

 

 

 

 

Total

 

 

$21,773,341

 


 

4.      Table 2 sets out an analysis of the 2016-17 rates set for each district within the region.

Table 2: 2016-17 Rates Set in Each District

Districts

Rating Units

 

Urban

Rural

Total

Rates

%

Wairoa

6,629

 

$174,282

$1,306,366

$1,480,648

6.80

Central Hawke’s Bay

7,302

 

$338,798

$2,311,686

$2,650,484

12.17

Napier

25,193

 

$6,487,079

$563,151

$7,050,230

32.38

Hastings

30,652

 

$5,539,403

$4,911,833

     $10,451,236

48.00

Taupo/Rangitikei

57

 

n/a

$140,742

$140,743

0.65

 

69,833

 

$12,539,562

$9,233,778

$21,773,341

 

Percentage of Rates Urban/Rural

 

 

58.%

42%

 

100%

 

Rate Arrears at Year End

5.      Under Section 65 of the Local Government (Rating) Act- Limitation of Time for Recovery of Rates it states rates cannot be recovered later than 6 years unpaid.  All rates outstanding after this period are statute barred and written off. Table 3 shows Total Rate Arrears as at 30 June 2017 stood at $1,444,214 GST inclusive. The current year 2016‑17 shows the rate arrears outstanding, being $831,003 GST inclusive.  All rate payments received are applied against the oldest outstanding rates for the individual ratepayer. 

6.      The credit balances showing are due to ratepayers paying their rates in advance by automatic payments or by paying their monthly Clean Heat/Healthy Home Loan instalment prior to the annual rates invoice.

Table 3:  Rate Arrears as at 30 June 2017

RATES ARREARS AS AT 30 JUNE 2017

 

Rates & Penalties Set

Multiple

Maori Land

Others

Outstanding

Collection %

2011-12

  $16,339,403

  $28,127

     $29,217

   $  57,345

    99.65

2012-13

  $17,318,650

  $30,849

     $40,957

   $  71,807

    99.59

2013-14

  $18,161,052

  $32,970

     $65,301

   $ 98,272

    99.46

2014-15

  $19,607,477

  $35,160

   $113,132

   $148,292

    99.24

2015-16

  $20,823,802

  $38,626

   $198,869

   $237,495

    98.86

Previous Years

  $92,250,384

$165,732

   $447,476

   $613,211

 

2016-17

  $21,963,718

   $49,630

   $781,373

   $831,003

    96.22

Total Arrears

$114,214,102

 $215,362

$1,228,849

$1,444,214

    98.83

Less Credit Balance

 

 

 

$1,568,787

 

Net Balance 30 June 2017

 

 

 

   $124,573

 

 

 

 

 

 

 

 

7.      Table 4 below shows the breakdown of balances within certain categories of $ values. The heading Under $10, being 1070 ratepayers owing $2,420 would be the current years penalty not paid. This amount will appear on the next years rates invoice as unpaid so we tend to focus our debt collection efforts on the higher outstanding amounts.


 

Table 4: Breakdown on Rate Arrears

Maori Multi Ownership

443

$215,364

Rural over $150

771

$395,644

Rural under $150

662

$44,372

Urban over $150

1,718

$709,964

Urban under $150

1,257

$76,450

Under $10

           1,070

$2,420

Total Outstanding

5,921

$1,444,214

Less Credit Balances

         11,842

$1,568,787

Net Balance 30 June 2017

 

      $124,573

 

8.      To 30 June 2017 we added 1083 new Clean Heat/Healthy Home loans to our rates system.  The Clean Heat /Healthy Home Loan is for a term of ten years and 1/10 is applied to the ratepayer each year as a targeted rate. The total number of Clean Heat Loans at the 30 June 2017 is 3670. Clean Heat/Healthy Home ratepayers have the option to pay off their loan earlier than the ten year term to save interest or if they sell the property. During 2016/17 we had 673 early repayment of the loan.

Maori Multiple Ownership

9.      Many sections of multiple ownership land are titled ''Maori'' or ''the owners'' and this Council along with Hastings District, Central Hawkes Bay and Wairoa District Councils have difficulty in collecting the rate arrears on these properties.

10.    In September 2003, the Council set a policy on rates remission and postponement on Maori Freehold Land and since then, 114 remission applications have been approved. The amount of rates remitted under this policy for 2016-17 amounted to $42,296.08.

Debt Collection

11.    Upon the completion of receipting as at 31 January 2017, a penalty was imposed on all the current outstanding rates and a Penalty Notice issued to those ratepayers in February 2017.  These penalties totalled $190,377 and were sent to 9,286 ratepayers. ($176,388 to 9,108 ratepayers in 2015-16).

12.    Since 2015/16 the debt collection of outstanding rates has been processed in-house. This allows us to reduce costs and build positive relationship with our ratepayers.  We work with them to come to a payment solution which works both for the ratepayer and Council.  We are finding that we are getting better debt recover by accepting instalments that the ratepayer can afford.  For the outstanding rates where we cannot come to a payment arrangement, we have this year passed 200 accounts with a debt value of over $690.00 or higher per ratepayer to two external debt collection agency.  The agencies charge a collection commission which is 10% at Debt Management Central Ltd and 15% at Baycorp (NZ) Ltd. Each agency received 100 cases which we are monitoring to see where we get the best recovery from. To date from these external agencies we have received $39,855.

13.    Table 5 shows the rate arrears in each district:

Table 5:  Rate Arrears in Each District

 

2015-16

2016-17

Napier

$   270,637

  21.85%

$   311,925

  21.60%

Hastings

$   554,568

  44.77%

$   677,746

  46.93%

Central Hawke’s Bay

$   101,327

    8.18%

$   120,077

    8.31%

Wairoa

$   295,873

  23.89%

$   317,338

  21.97%

Taupo/Rangitikei

$     16,231

    1.31%

$     17,127

    1.19%

Total

$1,238,636

   100%

$1,444,213

    100%

 

Decision Making Process

14.    Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

 

Recommendation

That Council receives the report on the collection of rates in 2016-17 and rate arrears as at 30 June 2017.

 

Authored by:

Trudy Kilkolly

Financial Accountant

 

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 27 September 2017

SUBJECT:   HBRC Staff Projects and Activities through October 2017

 

Reason for Report

1.      The table below is provided for Councillors’ information, to provide them with an indication of significant issues and activities over the next couple of months.

Project

Team /Section

Description

Activity Status Update

2018-28 Long Term Plan

Project Team

Project & Budget reviews

1.     Reviews for each Group of Activities completed to enable validation and prioritization

2.     Info from reviews provided to Exec for consideration by council at 11 October LTP workshop #2

Finance

Financial model

3.     Financial model is set up and being tested

Annual Report 2016-17

Finance

Final audit reviews

4.     Awaiting audit signoff for HBRIC Ltd.

5.     Final Annual Report to be brought to Council for adoption on 25 October.

TANK Plan Change

Groundwater Science

Aquifer wide Heretaunga groundwater ageing study - to provide the authoritative view on water age in the aquifer and support groundwater modelling programme and TANK policy work.

The Heretaunga Plains groundwater flow model continues to be used for scenario simulations to support TANK stakeholder group decision making.

6.     Draft water age and tracer report for Heretaunga Plains is being revised by GNS following HBRC review.

7.     Outputs from the groundwater flow model are being integrated with the eWater SOURCE surface water model. Reliability of Supply metrics for the Ngaruroro River will be generated using the SOURCE model. Results from various management scenarios will be delivered to the TANK meeting 18 October

8.     The SOURCE surface water nutrient fate and transport model is calibrated and predictions will be made for various management scenarios.

9.     Replacement State of the Environment monitoring bore at Poraiti has been drilled and construction is nearly complete.

Water Quality & Ecology

Identfiying major sources, pathways and fate of contaminants

 

 

 

 

 

 

 

 

Using shading to manage instream weed growth trials

10.   Tile/artificial drain sampling has revealed very high nutrient concentrations. Results being explored more fully.

11.   Continued input into stormwater working group.

12.   Marine and freshwater input into stakeholder working group continues.

13.   Ahuriri ‘hotspot’ action plan being developed.

14.   Marine ‘hotspot’ action plan being developed.

15.   Infilling at shading trial sites. Sourcing weeping willows for Louisa drain trial.

Land Science

Sediment modelling

16.   Providing data and advice on sediment and erosion scenarios

Policy

Stakeholder Engagement for Policy Development

17.   Update was presented to Regional Planning Committee meeting on 2 August.

18.   Future TANK Group work will focus on nutrient management, management objectives for the Clive/Karamu catchment.

19.   Further model development with introduction of the surface water component, the TANK Group will examine surface water abstraction impacts in combination with groundwater takes and options for management.

20.   The combined surface/groundwater model will also assist in understanding the nutrient pathways and associated management options.

21.   Next TANK Group meetings are 10 & 18 October and 22 November.

22.   Update report to Regional Planning Committee’s meeting on 4th October outlining iwi/hapu engagement in this TANK project.

Ngaruroro and Clive Rivers WCO application

Policy

Presentation of HBRC’s submission to Special Tribunal

23.   HBRC submission lodged on 24 Aug.

24.   Preparation of case for presentation at Special Tribunal’s hearing under way.

25.   At pre-hearing conference (held 15 Sept), the Tribunal signaled its intention to commence hearing on 14 November. Additional dates not specified.

Hydrology and Groundwater Science

Hearing preparation

26.   Provision of technical advice and engagement with Policy and legal counsel as hearing preparation amplifies

Tukituki (PC 6) Plan Change Implementation

Land Science

Monitoring of vulnerable wetlands.

27.   Continue monitoring of 10 wetlands in Tukituki catchment.

Regulation

Farm Environmental Management Plans required by 1 July 2018

28.   Compliance section not yet resourced for additional work required under PC6 – resource requirements subject to LTP development process.

Water Quality & Ecology

Using shading to manage instream weed growth trials

29.   Replacement plantings of Miscanthus undertaken during winter this year.

Priority Subcatchment in Tukituki continues to provide snapshot overview of likely hotspots for contaminants

30.   High nitrate levels consistently being recorded in the Kahahakuri

Policy

Further advice about options for urgent implementation matters

31.   Report for presentation to RPC meeting 1 November outlining “options (including scope, timing and resources) for progressing a narrow plan change to address urgent implementation matters in Tukituki Plan Change 6.“

2018-19 Representation Review

Governance

Council Representation Review

32.   Public Notice of electoral system given – deadline for public ‘demand for poll’ 21 Feb 2018

Electoral Officer in liaison with - Senior Policy & Strategic Advisor- Māori

Representation Review – consideration of whether to establish Maori Ward(s)

33.   Maori Committee workshop scheduled 15 September and four “hui a iwi” scheduledto seek feedback and/or recommendations for Council’s decision-making processes

Clifton to Tangoio Coastal Hazards Strategy 2120

Asset Management

Developing coastal hazard options and solutions priority cells, along with funding considerations for consultation

34.   Two assessment panels (Napier Port to Tangoio; Clifton to Napier Port) have scored the options to determine recommended pathways within each priority unit.  Funding mechanisms and expected costs are being introduced to Council and Community.

Freshwater Improvement Fund Projects

Water Quality & Ecology

Ahuriri Estuary, Tutira and Whakaki applications

35.   Whakaki and Tutira successful in funding applications. Ahuriri not.

Open Spaces

Lake Tutira

36.   Te mana o Te Wai Tutira mai Nga Iwi project action plan final draft completed and awaiting stakeholder signoff.

37.   Te mana o Te Wai Tutira mai Nga Iwi tree felling works have commenced.

38.   FIF funding application confirmed to proceed to next stage.

39.   Staff identifying actions that can be progressed in 2017/18 while FIF funding is being confirmed.

Coastal Research Strategy

Water quality and ecology

Working with coastal stakeholders to identify values and the workstreams required to understand threats and opportunities

40.   Looking at habitat/epibenthos associations throughout Hawke’s Bay

41.   Trialling new underwater remotely operated vehicle (ROV)

42.   Investigating dissolved oxygen concentrations throughout Hawke’s Bay in wake of large flood deposits

Swimmability

Water quality and ecology

 

43.   Reviewed swimmability grading for Hawke’s Bay as estimated from MFE modelling

44.   Continued work with LAWA and the ‘Can I swim here module’.

Biosecurity

Land Services

Regional Pest Management Plan review

Cape to City project

45.   Farmer stakeholder workshops to be held

46.   RPMP Cost benefit analysis being finalised

47.   Cape to City 17-18 research programme underway – 17 individual research projects across operations, outcomes, social science, Maori initiatives

48.   Initial predator control continues with 16000 ha completed to date

49.   Discussions continue with philanthropic partners around a possible investment in possum eradication project for Hawkes bay farmland.

Engineering

Design

/Modelling

Hastings District Council

50.   Modelling to assist with residential development at Howard Street.

NCC and HDC

51.   Flood Hazard info to help with Water supply bore head levels.  Needed to ensure ‘Safe Bore status’ can be obtained.

Gisborne District Council

52.   Hydrodynamic Modelling for Waipaoa River Scheme upgrade.

Tairawhiti Roads (GDC)

53.   Assistance with flooding impacts of proposed road upgrades.

Resource Consents

Consents

 

54.   Te Mata Mushrooms Air discharge notified 232 submissions. On hold to lodge consent with HDC – s91

55.   42.   HBRC Gravel extraction Ngaruroro – on hold while  other applications  pending

56.   43.   PanPac coastal discharge notified in July – now proposed to be referred directly to Environment Court

57.   44.   Whakatu Wool Scour – received 30 June on hold pending further information

58.   46.   HBRIC Tranche 2 water takes- on hold pending further information. Have now advised we will proceed with processing unless withdrawn.

59.   47.   Landcorp Ahuriri stormwater discharge – application lodged. 

60.   Port of Napier wharf extension and dredging – application  pending

 

Decision Making Process

2.      Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

 

Recommendation

That Council receives the HBRC Staff Projects and Activities through October 2017 report.

 

Authored by:

Drew Broadley

Community Engagement and Communications Manager

Steve Cave

Team Leader Open Spaces

Manton Collings

Corporate Accountant

Nathan Heath

Acting Manager
Land Management

Leeanne Hooper

Governance Manager

Gavin Ide

Manager, Strategy and Policy

Campbell Leckie

Manager Land Services

Dr Barry Lynch

Team Leader Principal Scientist Land Science

Anna Madarasz-Smith

Senior Scientist
Coastal Quality

Craig Goodier

Team Leader Principal Engineer Modelling

Malcolm Miller

Manager Consents

 

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

Graeme Hansen

Group Manager
Asset Management

Liz Lambert

Group Manager
External Relations

Iain Maxwell

Group Manager
Resource Management

Tom Skerman

Acting Strategic Development Group Manager

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 September 2017

Subject: Items of Business Not on the Agenda

 

Reason for Report

1.     This document has been prepared to assist Councillors note the Items of Business Not on the Agenda to be discussed as determined earlier in Agenda Item 5.

1.1.   Urgent items of Business (supported by tabled CE or Chairpersons’s report)

 

Item Name

Reason not on Agenda

Reason discussion cannot be delayed

1.           

 

 

 

 

2.           

 

 

 

 

 

1.2.   Minor items (for discussion only)

Item

Topic

Councillor / Staff

1.   

 

 

2.   

 

 

3.