Agenda of Regional Council Meeting

Meeting of the Hawke's Bay Regional Council

Date: Wednesday 28 February 2018

Time: 1.00pm

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 31 January 2018

4. Follow-up Items from Previous Regional Council Meetings 3

5. Call for Items of Business Not on the Agenda 11

Decision Items

6. Adoption of 2018 Navigational Safety Bylaw for Referral to Maritime New Zealand 13

7. Report and Recommendations from the Maori Committee 17

8. Affixing of Common Seal 19

Late item to come

Inclusion of Hawke's Bay Regional Planning Committee Co-Chairperson as a non-voting Member of Council

Information or Performance Monitoring

9. 2017-18 Annual Plan Progress Report 21

10. Report from the Regional Planning Committee 25

11. Report from the Environment & Services Committee 27

12. HBRC Staff Projects and Activities through March 2018 29

13. Discussion of Items Not on the Agenda 33

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 February 2018

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 13.

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

Item Name

Reason not on Agenda

Reason discussion cannot be delayed

1.2. Minor items for discussion only

Item	Topic	Raised by
1.
2.
3.

Leeanne Hooper

GOVERNANCE MANAGER

Liz Lambert

GROUP MANAGER
EXTERNAL RELATIONS

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 February 2018

Subject: Adoption of 2018 Navigational Safety Bylaw for Referral to Maritime New Zealand

Reason for Report

1. The Harbourmaster, having reviewed the 2012 Navigation Safety Bylaws, seeks Council’s adoption of the 2018 Bylaw for provision to Maritime New Zealand (MNZ) for their approval.

Consultation Process and Outcomes

2. A special consultative process to review the Navigation Safety Bylaws was undertaken during late 2016 throughout 2017.

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

4. The first draft of the proposed bylaws was completed shortly thereafter and submitted to MNZ for their comment.

5. A further draft taking account of feedback from the informal consultations with the public and MNZ was produced in April 2017. This document was circulated to the Harbourmaster’s extensive list of stakeholders and interested parties around the region. It was also made available on line on the HBRC web page and referenced on the HBRC Facebook page.

6. The meetings were very productive and comment made through this period of public exposure were of a positive constructive nature.

7. Through the formal consultation process, Council received 10 written submissions, which were all acknowledged with thanks.

8. As a result of the consultation, staff within the Resource Use group discussed the proposed changes and their probable impact, before preparing the document.

Updated Bylaws – What has changed

9. The final bylaw prepared for Council’s adoption is largely intended to clarify the 2012 Bylaws and bring them up to date.

10. Recreational use of the water is rapidly changing as the rate of change of technology accelerates.

11. The amendments suggested allow for as much uniformity as possible with the other regional Navigation and Safety Bylaws around the country. Nationally trending modifications have been incorporated and are suggested for adoption for these reasons.

12. The most significant inclusion is the introduction of the mandatory registration of Jet Skis. The introduction of which will keep us in line with what is becoming a national trend and bring us in to line with our near neighbours. Substantial engagement with, and education of, the public will be undertaken prior to any enforcement.

13. At the previous presentation in September, concern was raised at council that the residents and key users of the Porangahau river were not happy with the boundaries for the various activities that had been proposed.

14. The Harbourmaster undertook a further round of consultation and on site meetings with those concerned at which it was agreed the Bylaw as it stood was fit for purpose but the signage could be improved and made clearer.

15. This has been done and S2.4 of the Bylaw document now presented reflects this.

Financial and Resource Implications

16. Implementation of the Jet Ski registration will initially lead to resource use being increased. Harbourmaster, Boating Advisors and Coastguard Educators will need to attend the region’s facilities, exhibitions, and functions and become more visible to ensure the public are aware of their new obligation.

17. The 2012 Bylaws make no specific reference to what constitutes an offence against the Bylaw. The 2018 document has included examples of offences and clearly states there will be consequences.

18. Public Engagement and Education of these amendments will be addressed by present staff during our existing regular attendances at recreational boating functions.

19. The Harbourmaster will be able to advise the various club committees of these amendments during his regular attendance at their meetings.

20. The cost of updated and amended signage around the region will be contained within the approved Harbour’s budget.

21. Hard copy printing of the 2018 Bylaw will be kept to a minimum and fall within the Harbourmaster’s budget. The content will be available for access on the HBRC Web Site, referenced, and linked through all our social media contacts.

Decision Making Process

22. 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:

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

22.2. A special consultative procedure was undertaken to review the 2012 Navigation Safety Bylaws.

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

22.4. 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.

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

22.6. 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 and persons likely to be affected by or to have an interest in the decision.

2. Receives and notes the “Adoption of 2018 Navigational Safety Bylaw for Referral to Maritime New Zealand” staff report.

3. Adopts the 2018 Navigational Safety Bylaw for lodging with Maritime New Zealand for final approval.

Authored by:

Martin Moore

Harbourmaster

Wayne Wright

Manager Resource Use

Approved by:

Liz Lambert

Group Manager
External Relations

Attachment/s

⇨1

2018 HB Navigation Safety Bylaw

Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 February 2018

SUBJECT: Report and Recommendations from the Maori Committee

Reason for Report

1. To provide the opportunity for the Māori Committee Chairman to present detailed context and feedback in relation to the discussions that took place at the Māori Committee meeting on 13 February 2018, and the recommendations from that meeting for Council’s consideration.

Decision Making Process

2. These items have been specifically considered at the Committee level.

Recommendations

The Māori Committee recommends that Council:

Confirmation of Tangata Whenua Representatives on the Maori Committee

2. Confirms the appointments of Tangata Whenua representatives to the Māori Committee, being:

2.1. Ms Michelle McIlroy representing Wairoa Taiwhenua and Kahungunu Executive, and Ms Teresa Smith as proxy member

2.2. Mr Api Robin, Ms Ata Te Tomo as well as Peter Paku representing Te Whanganui a Orotū Taiwhenua and Hōri Reti as proxy member

Reports Received

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

3.1. Regional Pest Management Plan Review Update

3.2. Verbal Update on Current Issues by HBRC Chief Executive

3.3. Kia Koi- Kia Ukauka- Kia Tatau – Smart Preservation for Us All! – interactive workshop

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 28 February 2018

Subject: Affixing of Common Seal

Reason for Report

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

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 109 & Lot 118

DP 10990

CT 4/1227

- Agreement for Sale and Purchase

4204

12 February 2018

1.2

1.2.1 J. Palmer

R. Hogan

(Delegations under Resource Management Act 1991; and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174)

1.2.2 G. Clarke

(Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174))

1.2.3 G. Bennett

(Delegations under Biosecurity Act 1993; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174))

1.24 I. Macdonald

I. Maxwell

L. Lambert

K. Foote

(Delegations under the Civil Defence Emergency Management Act 2002 (s.26, 76,78, 85-92 inclusive)

1.25 J. Palmer

(Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908)

1.26 J. Palmer

(Delegations under the Biosecurity Act 1993)

4197

4205

4196

4195

4200

4201

4202

4203

4198

4199

29 January 2018

19 February 2018

29 January 2018

26 January 2018

30 January 2018

29 January 2018

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

2.1. 1 cross lease property was sold, with 83 remaining on Council’s books

2.2. 2 single leasehold properties were sold, with 126 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 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 28 February 2018

Subject: 2017-18 Annual Plan Progress Report

Reason for Report

1. This report provides progress for the first seven months of the 2017-18 financial year to 31 January 2018 on both financial and non-financial performance measures.

Financial Summary to 31 January 2018

2. The financial results covering the Council’s general funded operations for the first seven months of 2017-18 are largely on budget.

3. There are however a few variances that should be brought to Council’s attention.

Ngaruroro Water Conservation Order (WCO)

4. HBRC has made a submission opposing the WCO for the Ngaruroro and Clive Rivers. For the year to date there has been expenditure for legal and consultancy fees of $273,000 and internal staff time of $60,000. At the moment these costs are being contained within existing budgets but a full work up of existing and future costs will be bought to Council in the reforecast exercise in April.

Havelock North Water Contamination Inquiry

5. The final costs for the Havelock North Water Contamination Inquiry have come in at $100,000 for legal and consultancy fees and a $100,000 contribution to the community health and assistance fund for those effected by the event.

6. These residual costs will be funded the same as the previous costs last financial year from the Council Disaster Damage Reserve.

Internal Operational Reviews and Restructure

7. HBRC is currently going through a business wide operational review and restructure. This has required some external expertise and advice as well as substantial staff and executive time. The results of this review will be known in March 2018 and may provide some added cost for the business this year in regards to staff cost, recruitment, additional accommodation and building fit out.

8. While most of these costs should be able to be covered within existing budgets this may require some over spend which will need to be included in the reforecast exercise.

Reforecast

9. The yearly reforecasting exercise will be completed in March to take into account all of the issues mentioned above as well as how the usual levels of service activities are tracking to budget.

10. Any additional operation costs will try to be absorbed by reducing other project spending and overhead costs before any additional funding is sought.

11. This report will come back to Council in the meeting on the 24th April 2018. This had originally been programmed earlier in the year but due to the large workload for the 2018-28 LTP this has not been possible.

Additional Financial Information for the Seven Months to 31 January 2018

12. The usual financial information is attached, consisting of:

12.1. Section A – Operating Account

12.2. Section B – Balance Sheet / Loans / Investments

Non-Financial Performance Reporting

13. The narratives on progress to date to achieve performance measures in the 2017-18 Annual Plan are attached, and set out below is a pie chart showing a summary of variations to the Plan.

14. The red off track variances relate to:

Decision Making Process

15. 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 and notes of the “2017-18 Annual Plan Progress Report“.

Authored by:

Manton Collings

Corporate Accountant

Leeanne Hooper

Governance Manager

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

James Palmer

Chief Executive

Attachment/s

⇨1	Financials for 7 Months to 31 January 2018		Under Separate Cover
⇨2	2017-18 Non Financial Progress Narratives on 6 months to 31 December 2017		Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 February 2018

Subject: Report from the Regional Planning Committee

Reason for Report

1. To highlight discussions at the Regional Planning Committee meeting held 7 February 2018.

Reports Provided

2. The following reports were provided to the Committee for consideration.

2.1. Reconsideration of Policy Options for Addressing Urgent Tukituki (Plan Change 6) Implementation Matters, with RPC resolving:

2.1.1. receives and notes the “Policy Options for Addressing Urgent Tukituki (Plan Change 6) Implementation Matters” staff report

2.1.2. notes and supports the approach taken by the CHB Surface Water Users Group to find solutions to access water within the Plan Change 6 framework

2.2. Update on Oil & Gas Plan Change Work Programme

2.3. Update - Outstanding Water Bodies Plan Change

2.4. February 2018 Statutory Advocacy Update

2.5. February 2018 Resource Management Planning Project Update.

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 Council receives and notes the Report from the Regional Planning Committee.

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 28 February 2018

Subject: Report from the Environment & Services Committee

Reason for Report

1. To highlight discussions at the Environment & Services Committee meeting held on 21 February 2018 and provide the opportunity for the Chairman to present detailed context and feedback in relation to the discussions that took place at the meeting.

Reports Provided

2. The following reports were provided to the Committee for consideration.

2.1. Enforcement Policy Review, with the committee resolving:

2.1.1. Requests that staff amend the Policy to incorporate feedback agreed at today’s meeting and then brins the revised Policy to the 11 April 2018 Environment and Services meeting for consideration and recommendation to Council for adoption.)

2.2. Hawke’s Bay Biodiversity Strategy Implementation – Ecosystem Prioritisation

2.3. Science Monitoring Network Review

2.4. Hawke's Bay Marine and Coastal Group Update

2.5. February 2018 Hot Spot/Freshwater Improvement Projects Update

2.6. Six Monthly Public Transport Update

2.7. Verbal Presentation of the Te Mata Park Trust Vision

2.8. Operational Activities Update

Decision Making Process

Recommendations

That Council receives and notes the Report from the Environment & Services Committee.

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 28 February 2018

SUBJECT: HBRC Staff Projects and Activities through March 2018

Reason for Report

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

Project	Team /Section	Description	Activity Status Update
TANK	Groundwater Science	Heretaunga groundwater age and tracer study	1. GNS are revising their report on Heretaunga groundwater age and tracers, to ensure interpretations are reported appropriately. Report delivery anticipated March 2018.
TANK	Groundwater Science	Heretaunga Plains groundwater flow model	2. Integrated groundwater - surface water modelling continues to contribute scenario findings to the stakeholder group & Working Groups. Augmentation scenario modelling undertaken to inform economic assessment. High flow allocation analysis to be completed and delivered to TANK meeting 22 March. Hydrology team working above capacity to meet demands for TANK Working Groups & Stakeholder Group meetings. With modelling & scientific analyses still being requested, delivery of technical reports by May 2018 may be compromised. 3. Appointment made to Principal Scientist – Groundwater Quality role (vacant since July 2017). Start date anticipated April 2018, & will alleviate pressure off the team.
	Water Quality & Ecology		4. Developing a shading toolbox to outline pragmatic options available for landowners & managers with on planting options 5. Processing modelling results for nutrient & loads generated in different parts of catchments 6. Faecal source tracking to be undertaken in parts of Karamu catchment 7. Advice provided to the TANK Group on proposed estuarine water quality guidelines to be addressed via upstream management. 8. Recreational Water Quality monitoring has continued. A few persistent issues in the Wairoa River and Pandora Pond are being followed up with faecal source tracking. 9. Marine Hotspot project continues with the Wairoa Hard survey scheduled for April 2018. 10. Cawthron Report on satellite imagery analysis for the HB coastal environment is scheduled to be delivered March 2018.
	Land Science	Sediment modelling	11. Providing data and advice on sediment and erosion scenarios
		Wetland monitoring	12. TANK wetland monitoring site set up.
TANK cont	Policy	Stakeholder Engagement for Policy Development	13. Next TANK Group meetings 22 March, 19 April & 15 May. Recent & upcoming meetings experiencing growing intensity of presentation of draft policy for consideration.
Ngaruroro and Clive Rivers WCO application	Policy	Presentation of HBRC’s Stage 1 submission to Special Tribunal	14. HBRC’s case was presented to Tribunal’s Stage 1 hearing (re Upper Ngaruroro) on 21 Nov, with Stage 1 concluded in December. 15. 31 January, HBRC provided the Special Tribunal with an update about the availability of TANK investigations & ongoing collaboration. 16. Tribunal previously indicated Stage 2 (lower Ngaruroro & Clive) would reconvene May 2018, but also indicated a willingness to extend that to see if some consensus can be reached during the adjournment.
	Water Quality & Ecology	Hearing for Upper Ngaruroro and further investigations for lower	17. Focus on how water quality & native fish communities compare on a regional & national scale, with further investigations over summer (focusing on fish surveys) for the Stage 2 hearing.
PC6 Implementation	Water Quality & Ecology	Using shading to manage instream weed growth trials	18. Processing results from feedlot sampling 19. Preparing results from Kahahakuri priority subcatchment water quality investigations
PC6 Implementation	Policy	Further advice about options for urgent implementation matters	20. At RPC meeting on 7 February, report-back from earlier 1 Nov meeting considered revisiting “options (including scope, timing and resources) for progressing a narrow plan ...“. No resources in place for 2017/18 period for Policy section to advance any additional work on matters arising.
Clifton to Tangoio Coastal Hazards Strategy 2120	Asset Management	Developing coastal hazard options and solutions for priority cells, along with funding considerations for consultation	21. Panel report with recommended pathways has been presented to Joint Coastal Committee on 20 February 2018. The adopted report is to now be presented to each of the Partner Councils through March to determine next steps for the project.
Engineering	Asset Management	Gisborne District Council Stopbank upgrade	22. Preparation of reports for consent hearing ongoing (delayed from Dec. 2017 to June 2018).
		Consent Evaluation and stormwater analysis	23. Continue to assist Consent section with advice for stormwater issues in Mission Hill Special Character Zone, Awatoto Industrial, and several other large scale developments.
		Awanui Stopbank Construction	24. Contract to be advertised March. Construction to start late March / early April.
Biosecurity	Biodiversity		25. Development of a range of process, funding and structural elements to support the Hawke’s Bay Regional Biodiversity Foundation including the continued refinement of zonation management prescriptions.
Biosecurity cont	Animal pest management		26. Tendering of regional animal pest contracts 27. Receive submissions on the Regional Pest Management Plan proposal.
	Cape to City		28. A range of activities across workstreams including the 18-19 project research meeting, wireless trap optimization, and kiwi translocation planning.
	Plant pest		29. Chilean Needlegrass Taskforce boom spraying on selected properties 30. Continuing to action privet removal off properties that have come from the just finished flowering season.
Resource Consents		Applications processing/pending	31. Te Mata Mushrooms Air discharge notified 232 submissions. On hold to lodge a related consent with HDC – s91. To be lodged March 2018. But at the same time Te Mata Mushrooms are now looking at relocating their composting operation to a new site, meaning new resource consents required elsewhere and changes to what is proposed at their Havelock North site. 32. HBRC Gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri all lodged. S92 request issued seeking more information. 33. PanPac coastal discharge notified in July –to be referred directly to Environment Court. Officer report completed 17 November. Mediation anticipated in April. HBRC staff offering to hold earlier discussions if parties are willing. 34. Landcorp Ahuriri stormwater discharge – application lodged. Meetings held with applicant NCC, Mana Ahuriri, DOC and Airport. Landcorp and NCC to discuss strategy for better stormwater management. 35. Port of Napier wharf extension and dredging – lodged 36. Clifton coastal protection works. Application notified 18 November 2017. Hearing tentatively set for 27 March 2018.

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 March 2018 report.

Authored by:

Gary Clode

Manager Regional Assets

Craig Goodier

Team Leader
Principal Engineer Modelling

Dr Andy Hicks

Team Leader/Principal Scientist - Water Quality and Ecology

Gavin Ide

Manager, Strategy and Policy

Malcolm Miller

Manager Consents

Dr Jeff Smith

Team Leader/Principal Scientist – Hydrology/Hydrogeology

Dr Stephen Swabey

Manager Science

Thomas Wilding

Senior Scientist

Wayne Wright

Manager Resource Use

Oliver Wade

Scientist

Approved by:

Graeme Hansen

Group Manager
Asset Management

Liz Lambert

Group Manager
External Relations

Iain Maxwell

Group Manager
Resource Management

Tom Skerman

Group Manager
Strategic Development

Attachment/s

There are no attachments for this report.