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Member Agencies' Confirmation of Terms of Reference Adoption and Appointees |
Attachment 1 |
Meeting of the Hawke's Bay Drinking Water Governance Joint Committee
Date: Thursday 10 May 2018
Time: 10.00am
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Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Agenda
Item Subject Page
1. Welcome/Notices/Apologies
2. Conflict of Interest Declarations
3. Confirmation of Minutes of the Hawke's Bay Drinking Water Governance Joint Committee meeting held on 24 October 2017
Decision Items
4. Appointment of Independent Chairperson 3
5. Formal Confirmation of Member Organisations’ Appointments 5
6. Adoption of the Joint Working Group Terms of Reference 17
7. Adoption of the Joint Working Group Work Plan 23
8. Drinking Water Safety Policy as Part of the HBRC TANK Plan Change 49
Hawke's Bay Drinking Water Governance Joint Committee
Thursday 10 May 2018
Subject: Appointment of Independent Chairperson
Reason for Report
1. To provide for the Committee’s appointment of an Independent Chairperson.
Background
2. At the meeting on 24 October 2017, the Hawke’s Bay Drinking Water Governance Joint Committee (DWG JC) resolved that it:
2.1. Agrees to the appointment process for an Independent Chairperson for the DWG JC; being:
2.1.1. Establishment of an Appointments Panel consisting of Paul Bailey, Sandra Hazlehurst, Kirsten Wise, and Tim Aitken, with Kirsten Wise to act as Chair of said Panel.
2.1.2. Appointments Panel to establish criteria for the role and seek expressions of interest
2.1.3. Appointments Panel to short-list candidates if required, and carry out interviews of those shortlisted
2.1.4. Appointments Panel to make recommendation for appointment, including remuneration, to the DWG JC.
Panel Process and Outcomes
3. The Panel has carried out the appointment process and recommends the appointment of Garth Cowie as the Independent Chair for the Drinking Water Governance Joint Committee.
4. Members of the Panel will provide a verbal update of the process they undertook to reach this recommendation.
5. Mr Cowie was the Chief Executive of Napier Port for 17years, up until his retirement in December 2017. He is the independent Chairman of the Hastings District Council’s change programme for water services operations, tasked with reviewing the Council’s water services activity so considered 'fit for purpose' in the new operating environment that is emerging.
Financial and Resource Implications
6. Remuneration for Mr Cowie is proposed at $200 per hour. It is proposed that his costs be shared equally between HBDHB, HBRC, NCC and HDC.
Decision Making Process
7. The Joint Committee is required to make decisions 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 persons affected by this decision are the member agencies of the Hawke’s Bay Drinking Water Governance Joint Committee and their appointees.
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, the Joint Committee can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
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That the Hawke’s Bay Drinking Water Governance Joint Committee: 1. Exercises its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and makes 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. Accepts the recommendation of the Appointments Panel, and appoints Mr Garth Cowie as Independent Chairperson of the Joint Committee. 3. Agrees that remuneration paid to the Independent Chairperson, shared equally between Hastings District Council, Napier City Council, Hawke’s Bay Regional Council and Hawke’s Bay District Health Board, will be $200 per hour. |
Authored by:
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Leeanne Hooper Governance Manager |
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Approved by:
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Liz Lambert Group Manager |
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Hawke's Bay Drinking Water Governance Joint Committee
Thursday 10 May 2018
Subject: Formal Confirmation of Member Organisations’ Appointments
Reason for Report
1. To provide the opportunity for the Joint Committee to confirm the appointments of all member organisations’ representatives and to provide the finalized Terms of Reference for the Committee as adopted by all member organisations.
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.
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1. That the Hawke’s Bay Drinking Water Governance Joint Committee receives the “Formal Confirmation of Member Organisations’ Appointments” report, noting those appointments are: 1.1. Councillors Tim Aitken and Shelley Burne-Field representing Central Hawke’s Bay District Council, and Mayor Alex Walker as Alternate 1.2. Mayor Sandra Hazlehurst and Councillor Kevin Watkins representing Hastings District Council, and Councillor Simon Nixon as Alternate 1.3. Mr Kevin Atkinson and Ms Ana Apatu for Hawke’s Bay District Health Board, and Mrs Barbara Arnott as Alternate 1.4. Councillors Tom Belford and Paul Bailey for Hawke’s Bay Regional Council 1.5. Councillors Keith Price and Kirsten Wise representing Napier City Council, and Mayor Bill Dalton as Alternate 1.6. Mayor Craig Little and Councillor Charles Lambert representing Wairoa District Council. |
Authored by:
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Leeanne Hooper Governance Manager |
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Approved by:
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Liz Lambert Group Manager |
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⇩1 |
Member Agencies' Confirmation of Terms of Reference Adoption and Appointees |
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⇩2 |
HB Drinking Water Governance Joint Committee Terms of Reference |
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Hawke's Bay Drinking Water Governance Joint Committee
Thursday 10 May 2018
Subject: Adoption of the Joint Working Group Terms of Reference
Reason for Report
1. To provide the Terms of Reference for the Drinking Water Joint Working Group for the Joint Committee’s consideration and adoption.
Decision Making Process
2. The Joint Committee is required to make decisions 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:
2.1. The decision does not significantly alter the service provision or affect a strategic asset.
2.2. The use of the special consultative procedure is not prescribed by legislation.
2.3. The persons affected by this decision are the member agencies of the Hawke’s Bay Drinking Water Governance Joint Committee and their appointees.
2.4. The decision is not inconsistent with an existing policy or plan.
2.5. 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, the Joint Committee can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
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That the Hawke’s Bay Drinking Water Governance Joint Committee: 1. Exercises its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and makes 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 the Joint Working Group Terms of Reference” staff report. 3. Adopts the Terms of Reference for the Joint Working Group as proposed. |
Authored and Approved by:
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Liz Lambert Group Manager |
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⇩1 |
Joint Working Group Terms of Reference December 2017 |
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Hawke's Bay Drinking Water Governance Joint Committee
Thursday 10 May 2018
Subject: Adoption of the Joint Working Group Work Plan
Reason for Report
1. To provide the Joint Committee with the proposed work plan for the Joint Working Group for Drinking Water Safety for review and feedback.
Background
2. As a result of the Panel of Inquiry on the Havelock North Water Contamination issue, the Panel made a number of directions as to how the matters identified as part of the Inquiry were to be resolved.
3. On 15 December 2016 the Panel released its interim report and recommendations in relation to the safety of Havelock North Drinking Water for the next 12 months. There were approximately 23 recommendations, and the Joint Working Group (JWG) was directed to work through them.
The Work Plan
4. The JWG meets every 1-2 months and has been working through these actions and monitoring progress. These directions have been recorded in a ‘Work Plan’ (attached).
5. Additionally, Recommendation A(c) of the interim report directed that JWG members notify each other and keep each other informed of any information that could affect drinking-water safety. Furthermore recommendation A(d) specified the JWG investigate aquifer matters of potential relevance to drinking water safety over the next 12 months.
6. In order to better understand these two directives, a ‘white paper’ (attached) was written for the panel, detailing options for improved information sharing between parties, and gaps and opportunities in the understanding of aquifer matters with relevance to drinking water safety. The actions arising from this white paper have also been entered into the spreadsheet.
7. The JWG has been systematically updating the work plan over the last 12-18 months. Some of the original actions arising from the interim recommendations have been completed, and what is left is being continually monitored and updated.
8. Current actions can be broadly summarised below.
8.1. Ongoing monitoring of a testing regime for drinking water supplies.
8.2. Investigation on secure protection zones and groundwater protection zones (covered off in greater detail under separate cover in the Paper to the Joint Committee relating to TANK).
8.3. Investigating methods to gauge water- aging.
8.4. Exploring ways to ensure data is being shared efficiently between parties, and identification of gaps in information sharing.
8.5. Sharing of Water Safety Plans.
Decision Making Process
9. The Hawke’s Bay Drinking Water Governance Joint Committee 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:
9.1. The decision does not significantly alter the service provision or affect a strategic asset.
9.2. The use of the special consultative procedure is not prescribed by legislation.
9.3. The persons affected by this decision are all persons with an interest in the region’s management of drinking water.
9.4. The decision is not inconsistent with an existing policy or plan.
9.5. 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, the Joint Committee can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
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That the Hawke’s Bay Drinking Water Governance Joint Committee: 1. Exercises its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and makes 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 the Joint Working Group Work Plan” staff report. 3. Agrees the work plan for the Drinking Water Working Group as proposed. |
Authored by:
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Rina Douglas Senior Planner |
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Approved by:
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Liz Lambert Group Manager |
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⇩1 |
Joint Working Group Work Plan |
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⇩2 |
White Paper Concerning Recommendations C&D to the Joint Working Group |
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Hawke's Bay Drinking Water Governance Joint Committee
Thursday 10 May 2018
Subject: Drinking Water Safety Policy as Part of the HBRC TANK Plan Change
Reason for Report
1. The purpose of this report is to update the Joint Committee on progress with the development of drinking water policy in the context of the HBRC TANK (Tutaekuri, Ahuriri, Ngaruroro, and Karamu catchments) draft plan change process.
Background
2. A collaboration developing a draft plan change for the TANK catchments has been operating since 2012. The TANK stakeholder group is expected to recommend a set of provisions including objectives, policies and rules for a plan change in mid-2018. The draft plan will set freshwater quality and quantity objectives and address aspects such as stormwater, wetland management, sediment and nutrient loss, water augmentation and matauranga Māori.
3. The TANK Group has considered measures to protect surface water quality the group has not yet explicitly focused on measures to protect drinking water sources. This is a challenge as there are only two meetings of the TANK group remaining, and it is anticipated that the draft plan change will be presented to the Regional Planning Committee for consideration in mid-2018.
4. Additionally, the second report of the Havelock North Drinking Water Inquiry dated December 2017 raised the issue of drinking water safety in the context of water quality. The Inquiry panel went on to observe that the TANK plan change would add to the understanding of drinking water source protection issues.
Development of policy
5. At the February TANK meeting, the stakeholder group agreed that the Drinking Water Joint Working Group (JWG) should be regarded as a TANK working group to be tasked with developing draft policies and rules for consideration. This recognises that the Havelock North Drinking Water Inquiry has dominated discussion around drinking water and has become the platform for the most comprehensive assessment of issues relating to drinking water.
6. Given the tight timeframes, the JWG decided to contract this work out to a suitably qualified individual/entity at its March meeting. After considering several potential candidates the decision was made to appoint Good Earth Matters on the basis of their existing knowledge relating to the RMA, drinking water policy and the Hawke’s Bay context.
7. Tasks that Good Earth Matters will undertake include:
7.1. Assessment of the current regulatory framework, to consider gaps and opportunities. This includes a National Stocktake of drinking water policy.
7.2. Consideration of the use of Groundwater Capture Zones and Source Protection Zones.
7.3. Stocktake of risk activities within the TANK catchment.
7.4. Development of a framework and options for objectives, policies and rules to protect drinking water source.
8. Good Earth Matters will work alongside the JWG and the TANK project team in ensuring the work progresses smoothly. It is envisioned that a draft of the work in the form of potential objectives, policies and rules will be presented to TANK at its meeting on 31 May, and finalised in early June.
Decision Making Process
9. 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.
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That the Hawke’s Bay Drinking Water Governance Joint Committee receives and notes the “Drinking Water Safety Policy as Part of the HBRC TANK Plan Change” staff report. |
Authored by:
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Rina Douglas Senior Planner |
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Approved by:
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Liz Lambert Group Manager |
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