Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 30 January 2019

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 19 December 2018

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

5.         Call for Minor Items of Business Not on the Agenda                                                  13

Decision Items

6.         CCO Corporate Structure to Support Proposed Napier Port IPO Transaction          15

7.         Affixing of Common Seal                                                                                             23

Information or Performance Monitoring

8.         Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary   25

9.         Significant HBRC Activities through February 2019                                                   29

10.       Discussion of Minor Items Not on the Agenda                                                           41

12.       Pan Pac Forest Products Ltd Whirinaki Wastewater Discharge (late item to come)

Decision Items (Public Excluded)

11.       Port Development Project Executive Steering Committee Update                            43

13.       Napier Port Director Appointments (late item to come)

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 January 2019

Subject: Follow-up Items 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 and notes the “Follow-up Items from Previous Meetings” staff report.

 

 

Authored by:

Leeanne Hooper

Principal Advisor Governance

 

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

 


Follow-ups from Previous Regional Council Meetings

Attachment 1

 




Follow-ups from Previous Regional Council Meetings

Attachment 1

 




HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 January 2019

Subject: Call for Minor Items of Business Not on the Agenda

 

Reason for Report

1.      Hawke’s Bay Regional Council standing order 9.13 allows:

1.1.   “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

2.      That Council accepts the following “Minor Items of Business Not on the Agenda” for discussion as Item 10.

Item

Topic

Raised by

1.    

 

 

2.    

 

 

3.    

 

 

 

 

Leeanne Hooper

PRINCIPAL ADVISOR GOVERNANCE

James Palmer

CHIEF EXECUTIVE

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 January 2019

Subject: CCO Corporate Structure to Support Proposed Napier Port IPO Transaction

 

Reason for Report

1.      This report provides Council with a recommended corporate structure to support the proposed Initial Public Offering (IPO) of Napier Port. Bell Gully will be available at the 30 January Council meeting to provide legal advice as required.

2.      A decision in principle is required now to allow for more detailed legal and tax planning for the potential transaction.

Background

3.      The potential IPO of Napier port requires detailed legal and tax assessment to establish a corporate structure for the IPO which will enable straightforward marketing to potential investors pre and post listing, and is in the best interests of HBRIC and Council with regard to tax efficiency and liability exposure.

Options Assessment

4.      PWC and Bell Gully have reviewed a range of options for the legal and tax structures for the transaction.

5.      The two key options reviewed, were:

5.1.      Status Quo - both HBRIC and Napier Port sell shares. Under this scenario HBRIC sells some of its shares in Napier Port and HBRIC directors are required to be intimately involved in and liable to investors for the product disclosure document (PDS - also previously known as prospectus) and post listing performance of the Port. In addition, Napier Port issues new shares and its directors have the same involvement and liability. For marketing purposes there are two sets of shares for sale and this makes it complex for investors to know which shares are being purchased and who the seller is.

5.2.      HoldCo – a new permanent company is established to sell the shares and be the listed entity. Under this scenario HoldCo buys Napier Port pre listing and issues equivalent shares to HBRIC in HoldCo. HBRIC liability is reduced, with Napier Port directors assuming primary legal responsibility and liability for the PDS and post listing performance. Investors purchase shares from one company making this very simple for investors to understand. HoldCo and PortCo have a common Board and for all intents and purposes are the same thing.

6.      A range of other more complex options were considered and ruled out on the basis of liability risk, complexity, marketability, and based on legal and tax advisor recommendations.

7.      PWC and Bell Gully recommend the establishment of the commonly used HoldCo structure as outlined in the attached memorandum.

8.      The Boards of HBRIC and Napier Port have also reviewed the HoldCo structure and recommend that Council approve this structure in principle to allow for more detailed planning. Key reasons are:

8.1.      Simplicity for marketing to investors – one seller instead of two

8.2.      Limiting liability for HBRIC directors, who have currently have limited detailed oversight of the Port operations and would be required to be involved in extensive due diligence and investment workstreams prior to listing

8.3.      No adverse tax implications

8.4.      It is the recommended structure from legal and tax advisors.

Consultation

9.      The establishment of a council-controlled organisation (CCO) triggers a discrete consultation requirement under section 56 of the LGA. Legal advice received considers that the Council will be able to comply with the LGA consultation requirements through a short-form and relatively ‘streamlined’ consultation process, in light of:

9.1.      the previous consultation (Our Port – have your say) undertaken, particularly in relation to the assumption in the consultation document “The Regional Council retains the ability to establish the appropriate structures to manage the transaction and the Regional Council’s continued ownership position in the Port, such as the possibility of creating new holding entities or corporate structures as required

9.2.      the nature of the decision (as a structural, detailed matter), and

9.3.      the Council’s discretion under the LGA.

10.    The LGA consultation requirements for the establishment of HoldCo could be met through a brief proposal document (2-3 pages of content) published on the HBRC website.  The Council will invite submissions and feedback over a period of two weeks. The document will provide the purpose of having a holding company at a high level, in an easily understandable way, including a diagram of the proposed structure and an analysis of other reasonably practicable structuring options.

11.    Staff will bring the ‘statement of proposal’ to Council for adoption for consultation at a special meeting of Council (after the Environment and Services Committee) on 13 February 2019.  Submissions will then be collated, analysed and heard and the final decision to establish a CCO made by the end of March 2019. This timing aligns with the adoption of the LTP Amendment as already consulted upon.

Process Steps

12.    Staff propose the consultation and decision process outlined in the table following.

Step

Date

Adopt Statement of Proposal

Special Council meeting on 13 February 2019 following E&S

Consultation opens

Monday 18 February 2019

Consultation/ Submissions close

Friday 1 March 2019

CCO Submission Hearings

Special Council meeting, 1pm Wednesday 13 March 2019

Decision of Council on CCO and 2018-28 LTP Amendment

Council meeting on 27 March 2019

 

Decision Making Process

13.    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:

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

13.2.   The use of the special consultative procedure is not prescribed by legislation for this particular decision, and is prescribed for the establishment of an additional CCO as outlined under “Consultation”.

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

 

Recommendations

That Hawke’s Bay Regional Council:

1.      Receives and notes the “CCO Corporate Structure to Support Proposed Napier Port IPO Transaction” staff report, and the attached Bell Gully - PWC memorandum dated 22 January 2019.

2.      Agrees in principle to HoldCo as its preferred structure on the basis that it is simple, tax efficient and provides a suitable and appropriate liability regime for the listing process, with primary accountability and liability for the listing compliance and aftermarket performance of the listed company resting with the Napier Port directors.

3.      Notes that a detailed tax, legal and corporate structuring recommendation will follow after further work has been completed.

4.      Notes that the establishment of a new company (being a 100% owned subsidiary of HBRIC pre-listing and majority owned subsidiary of HBRIC post listing) will result in the establishment of a new Council Controlled Organisation (CCO) under the Local Government Act.

5.      Notes that the establishment of a new CCO requires public consultation under section 56 of the Local Government Act.

6.      Agrees to consult with the public, in accordance with with sections 56 and 82 of the Local Government Act, on the establishment of one additional Council-controlled trading organisation to be formed as a subsidiary of HBRIC Ltd for the purposes of listing Napier Port.

7.      Notes that the formal establishment of the CCO is subject to the consultation process and a further Council decision to proceed.

 

 

Authored by:

Blair O'Keeffe

HBRIC Ltd Chief Executive

Jessica Ellerm

Group Manager
Corporate Services

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

1

20190122 Bell Gully PWC Memo re HoldCo structure for IPO transaction

 

 

  


20190122 Bell Gully PWC Memo re HoldCo structure for IPO transaction

Attachment 1

 




HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 January 2019

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 46

          DP 12517

          CT  D4/978

-     Agreement for Sale and Purchase

 

1.1.2     Lot 150

          DP 12780

          CT  E1/751

-     Agreement for Sale and Purchase

 

1.1.3     Lot 33

          DP 9653

          CT  C2/437

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.4     Lot 71

          DP 6598

          CT  C2/301

-     Agreement for Sale and Purchase

 

 

 

 

 

4288

 

 

 

 

4289

 

 

 

 

4291

4294

 

 

 

 

4292

 

 

 

 

14 January 2019

 

 

 

 

14 January 2019

 

 

 

 

21 January 2019

23 January 2019

 

 

 

 

21 January 2019

1.2

Staff Warrants

1.2.1   G. Morton

          S. Grant

          P. Davis

          (Delegations under Resource Management Act 1991; Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 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   T. Edwards

          (Delegations under Resource Management Act 1991;  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.   M. Adye

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

 

 

4284

4285

4287

 

 

 

 

 

 

 

 

4286

 

 

 

 

 

 

4293

 

17 December 2018

17 December 2018

18 December 2018

 

 

 

 

 

 

 

 

17 December 2018

 

 

 

 

 

 

16 January 2019

1.3

Regional Pest Management Plan 2018-2038

4290

21 January 2019

 


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

2.1.      1 cross lease properties were sold, with 74 remaining on Council’s books

2.2.      3 single leasehold property was sold, with 106 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 Hawke’s Bay Regional 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 item without conferring directly with the community.

2.      Confirms the action to affix the Common Seal.

 

Authored by:

Trudy Kilkolly

Principal Accountant Rates and Revenue

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 30 January 2019

Subject: Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary

Reason for Report

1.      To provide a regular update of progress of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee.

Background

2.      The Clifton to Tangoio Coastal Hazards Strategy 2120 represents a coordinated approach to identifying and responding to coastal hazards and influence of sea level rise over the next 100 years. It provides a platform for long term planning and decision making.

3.      The Strategy is being developed through a Joint Committee formed by elected representatives from the Hawke’s Bay Regional Council, He Toa Takitini, Napier City Council, Mana Ahuriri Incorporated, Hastings District Council and the Maungaharuru- Tangitū Trust.

4.      The Strategy:

4.1.      Covers the coastal area between Clifton and Tangoio

4.2.      Seeks to develop a planned response to coastal hazards out to year 2120

4.3.      Will assess and respond to the following coastal hazards:

4.3.1.   Coastal Erosion (storm cut, trends, effects of sea level rise

4.3.2.   Coastal Inundation (storm surge, run up, overtopping and sea level rise

4.4.      Incorporates climate change as an overriding influence.

5.      The vision of the strategy is:

5.1.      That coastal communities, businesses and critical infrastructure from Tangoio to Clifton are resilient to the effects of coastal hazards.

Decision Making Process

6.      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 Hawke’s Bay Regional Council receives and notes the “Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary” report.

 

Authored & Approved by:

Chris  Dolley

Group Manager Asset Management

 

 

Attachment/s

1

Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary

 

 

  


Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary

Attachment 1

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 January 2019

SUBJECT:   Significant HBRC Activities through February 2019

 

Reason for Report

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

Significant Work Streams

TANK Plan Change

Project description

Activity Status Update

Group/Section

Team(s)

Strategic Planning

Policy

Progressing PC to notification

1.   At 12 December RPC meeting, RPC agreed to adopt the draft version of PC9 as a draft for targeted consultation. Work is underway to publicly release PC9 ‘draft version 8’ for public viewing in parallel to staff undertaking the pre-notification consultation with relevant iwi authorities, TLAs and relevant Ministers of the Crown.

2.   Feedback from the targeted consultation will be reported back to the RPC in April.

ICM

Marine and Coast

Proposed targets for estuaries

3.   Draft report on proposed trigger values for estuarine areas to be incorporated into Schedule 2 completed.

 

Hydrogeology

Heretaunga groundwater modelling

4.   A report on development of stream depletion zones for the TANK plan change has been drafted and is being independently reviewed

5.   The Heretaunga groundwater model has been successfully applied to delineation of source protection zones (SPZs) for registered drinking water supplies. A draft report has been independently peer reviewed and will be published prior to a Joint Working Group meeting in February

 

WQE

WQE options report

6.   Report with rationale behind options for different water quality objectives and limits, has been drafted and is out for external review

 


Ngaruroro River & Clive River WCO application

Project description

Activity Status Update

Group/Section

Team(s)

Strategic Planning

Policy

WCO Special Tribunal proceedings

7.   Stage 2 hearings to commence 26 February 2019 (for 4 weeks thereafter) to focus on the mid-lower reaches of the catchment.

8.   Tribunal directed Applicants to pre-circulate expert evidence on stage 2 hearing by 30 November.

9.   Tribunal has directed any expert evidence presented by submitters (including HBRC) to be provided to the Tribunal by 25 January.

10. Policy team personnel in lead coordinating role with HBRC’s counsel and wider project team.

ICM

Hydrology/ Hydrogeology

WCO evidence

11. Expert witness evidence is being delivered by Dr Jeff Smith, Dr Thomas Wilding and (external consultant) Ian Jowett, to support HBRC’s submission to the Stage 2 Hearings.

ICM

Water quality and ecology

WCO evidence

12. Dr Andy Hicks providing evidence on water quality and fish communities.

 

CHB Water

Project description

Activity Status Update

Group/Section

Team(s)

ICM

Groundwater Science

Science to inform CHB Water Taskforce Group

13. Pre-feasibility assessment for a Groundwater Replenishment Scheme continues for the Ruataniwha Basin

14. The Ruataniwha groundwater models have been reviewed externally and found not fit-for-purpose for simulating TWTG applications. Preparation of new model inputs and updated data is underway. A GETS notification is anticipated during February, requesting tenders for developing a suite of fit-for-purpose groundwater models for the TWTG applications.

 

WQE

Sub catchment summaries

 

Tuki (PC6) implementation

15. Developing a dashboard to present DIN, MCI and DRP up to date data online for farmers in the Tukituki

16. Exploring whether constructed wetlands in the Tukituki catchment would help address DIN levels

Strategic Planning

Policy

Scoping potential for plan change to amend dates for minimum flows

17. As agreed at RPC meeting on 12 December and Council meeting on 19 December 2018, policy planning staff are currently scoping potential suitability for a plan change that would amend (defer) 2018 dates for new minimum flows in the Tukituki catchment.  A fuller report from staff is intended to be presented to 20 February RPC meeting.

 

Hawke’s Bay Drinking Water

Project description

Activity Status Update

Group/Section

Team(s)

Strategic Planning

Policy

Joint Working Group

18. In late 2018, the JWG presented recommendations to the RPC re drinking water policy for TANK plan change. Ongoing refinement of proposals.

19. Policy planning staff continuing to provide advisory support to the Drinking Water Governance Joint Committee.

20. Next JWG meeting for 2019 TBC.

Office of CE & Chair

Governance

HB DW Governance Joint Committee

21. Joint Committee met most recently on 7 November.

22. 2019 meetings scheduled 13 March, 12 June, 4 September and 11 December (1st meeting of 2019-22 triennium).

 

Clifton to Tangoio Coastal Hazards Strategy

Project description

Activity Status Update

Group/Section

Team(s)

Asset Management

Engineering

Stage 4

Develop pathway options and solutions for priority cells, including funding considerations for consultation

23. Modelling of Tangoio to Clifton with pathway options.  Wave and shoreline modelling.  Options (groynes) being examined for Haumoana.

Office of CE & Chair

Governance

Joint Committee

24. Meeting scheduled 18 March to continue discussion on funding.

 

Significant Team Activities

Integrated Catchment Management Group

Project description

Activity Status Update

Section

Team

Environmental Science

Water Quality & Ecology

WQE

25. An ambitious timetable for SOE reporting has been committed to with draft reports due June 2019. These reports cover data collected to the end of June 2018, and include 8 x 5-year technical reports, contribution to the 5 year summary report and 2 annual report cards.

26. Frequent heavy rain has interrupted out summer data collection, but we have made a start on Ecosystem Health collections and macroinvertebrate samples.

27. A fish monitoring in our braided rivers, to assess effects of low flows, has not been possible due to ongoing high flows

28. Monitor ecological effects of new herbicides will occur in has been planned for February

29. Developing a project to help enhance whitebait populations around the region

Hydrology / Hydrogeology

Heretaunga Plains

30. Field investigations of groundwater and surface water interaction continue for the Paritua/Karewarewa stream. This was an area of unfavorable uncertainty with the Heretaunga groundwater model and the field investigation is intended to remedy this. The project is part of the Regional Council’s commitment to (collaboratively) resolve Paritua flow issues.

 

Regional State of the Environment

31. Preparation and analysis for 5-yearly State and Trends reporting continues for:

a.             Climate and air quality

b.             Regional river flows

c.             Regional groundwater levels

d.             Regional groundwater quality

e.             Land science

f.              Wetlands

g.             Recreational water quality

h.             Coastal water quality

i.              Coastal ecology

Land science

 

32. Started field work data collection for new regional riparian monitoring program. Beginning with 87 sites in Tukituki Catchment

33. Draft report and map received for forage crop mapping project

34. Draft report for shelter belt mapping completed and being reviewed

35. Reviewing five point analysis reports for Ahuriri, Whangawehi, Tutira, Whakaki and regional scale

36. Continue compilation of regional wetland inventory

37. Continue with wind erosion study across Heretaunga Plains.

38. Deployment of 4 more automatic sediment samplers (ISCO’s) to monitor sediment loads during high flow events. One ISCO currently deployed at bottom of Tukituki catchment and four more to follow placed at the bottom of Ngaruroro, Tutaekuri, Esk and Karamu catchments

Marine & Coast

 

39. HBRC are trialing a ColiMinder machine which provides near-real time results for faecal contamination of waters.  The equipment and support is being provided by NIWA, and if successful may look at introduction of this to Pandora Pond for more timely advice on health risk to water users.

40. HBRC have been successful in accessing funding for a NIWA glider to be deployed in the Bay.  This glider is an autonomous vehicle and will take a 4 week voyage of the bay and describe salinity and dissolved oxygen.  Its primary purpose is to describe any potential areas where dissolved oxygen may be low.

41. Further seafloor mapping of the Clive Hard is scheduled for March/May.

42. HBRC has been successful in accessing funding for a geological assessment in the area known as the ‘Springs Box/Napier Springs’.  This is an area described on charts as freshwater springs and may provide useful in identifying groundwater entry into the Bay and the unique subtidal environments therein.

Climate & Air

 

43. Continued work on the outdoor burning tool

44. Climate briefings ongoing over summer and early autumn

Environmental Information

Environmental Monitoring

 

45. Summer monitoring programmes are underway.

46. Fish Barrier survey started.

Data management

 

47. Draft Data strategy for ICM produced.

48. WIS busy with upcoming irrigation season

49. Continued data management support provided to Hydrology and Water quality teams

Freshwater Improvement Fund projects /Hotspots

Tutira

 

50. Cyanobacterial have established in Waikopiro despite the air curtain operation. Ongoing power outages have probably contributed to this problem, but ideal growing conditions (freshes plus hot weather) are also making things difficult.

51. Lake Opuahi sampling will now commence in July 2019 due to resourcing issues

Whakaki

 

52. Ongoing meetings with the community are occurring trying to secure the last of the affected party approvals required for resource consent to be submitted (and hopefully be non-notified)

53. Landowners for the area proposed to be part of the Waikatuku realignment were not supportive, and so this component has been removed.

Ahuriri

 

54. Source modelling for the Ahuriri Catchment progressing well.

55. Planting and fencing effort ongoing.

56. An aerial survey of the Ahuriri Estuary was undertaken in December.  This will allow us to estimate the volume of invasive tubeworm in the estuary and inform ongoing removal efforts.

57. An area of remnant native bush has been identified and work is ongoing to protect this area as a seed source for replanting in this catchment.

 

Whatuma

WQE

58. Lake Inflows and outflows are being monitored and showing signs of extremely elevated phosphorus levels in both the inflows and the lake outflows. These data will be more thoroughly analysed in the new year.

 

Asset Management Group

Project description

Activity Status Update

Section

Team(s)

Regional Assets

Engineering

Northern

59. Nuhaka River Road – river realignment – delayed for redesign.

60. Wairoa Playground sheet pile wall – construction complete.

Central

61. Bridge and gauging structure for forestry road at Tutira – being designed.

62. Flood report – Esk/Mangaone – Report completed, presentation to E&S Committee 13/2

63. Westshore renourishment – completed.

64. Awanui Stopbank – planning and discussion for last portion – right bank.

65. Tutaekuri Stopbank Extension – upstream of Puketapu.  Private funding, HBRC design and construction.  Stopbank eventually to become part of HPFCS.

Southern

66. UTTFCS – work is progressing on analysis of options for changes to rating system. Engineering is working with rates dept. Report back through rates dept.

Gravel Resource Consents

67. Significant work completed answering Section 92 requests for further information now completed.  Consent to be notified in February.

Open Spaces

Pākōwhai Regional Park Carpark

68. Construction of the new carpark is complete (reopened Friday 21 December).

Hawea Park / Karamu Stream Diversion

69. Draft park management plan preparation.

70. Trust Deed lodged with Māori Land Court – hearing held on December 5 but awaiting advice from the court.

 

Waitangi Regional Park

71. Estuary enhancement Stage 2 – draft plan complete.

72. Lower Tūtaekurī Floodplain Wetland (funded by NKII/Port/Te Wai Maori Fund/HBRC) earthworks in progress.

 

Forestry

73. Final stage of Tūtira forest access road commenced December 2018.

74. Tūtira Regional Park management plan and forest replanting plan in development.

Cycle Networks

NZCT Priority Project  Waimarama Road Safety Project

75. MBIE approval gained for new plan and funding, including adding of HDC section. Project plan is now to complete safer off-road section between existing off-road sections parallel to road, for trail users. Awaiting on HDC before proceeding.

New Zealand Cycle Trail Business Case Hawke’s Bay Trails 2018-2023

76. Completed with MartinJenkins Cost Benefit Analysis, have provided feedback and now with panel for final approval.

NZCT Priority Project Ahuriri Underpass Flooding Safety Issues

77. Working with NZTA around solutions.

Hawke’s Bay Trails Paper Map re-print/review with HBT

78. New 2019 Trail map has been updated, printed and in circulation in conjunction with HB Tourism.

Hawke’s Bay Regional Cycle Plan 2015 - Review

79. Review requested and workshop to be facilitated with key stakeholders in February.

 

Regulation Group

Project description

Activity Status Update

Section

Team(s)

Compliance

 

IRIS Implementation

80. The IRIS implementation project continues with the monitoring function completed. Data entry has been completed and staff will now be undertaking monitoring visits and entering the results into the IRIS system. There have been some expected glitches to date, that have been or will be resolved. There are likely to be more in the next phase that will not unduly effect the implementation.

81. The Incidents and enforcements module is currently being developed with completion within the next few months.

 

 

PanPac Outfall leak

82. In association with other parts of Council, the compliance team is overseeing the repair work being undertaken by PanPac. The initial attempts at repair were unsuccessful and PanPac will be providing a new remediation plan in the next few days. An investigation is in progress in relation to whether or not PanPac has carried out sufficient maintenance of their infrastructure that might have contributed to the pipeline failure.

Resource Consents

 

Large/ significant application Processes

83. Te Mata Mushrooms Air discharge remains on hold waiting for the application for related consents required from HDC to catch up. The application has been lodged with HDC as required. The application is on hold at HDC awaiting further information. If the HDC application is notified it is likely to require a joint hearing.

84. A separate application has now been lodged to initially process the stage 1 mushroom composting on a site on Mt Herbert Road Waipukurau. The site has the potential to accommodate the full mushroom operation.  On hold under s 92 requesting more information.

85. HBRC gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri. Further information has been provided. Addresses of land owners to be provided.  Applications now likely to notified end of Jan.

86. There are four resource consent applications in process for discharging stormwater and drainage water into the Ahuriri Estuary. Landcorp farm discharge consent is on hold pending application by NCC for the Onehunga Road pump station. NCC have two other discharge consents lodged for stormwater discharges from the West Shore tidal gates and from Lagoon Farm. These are on hold pending discussion with affected parties.

87. Ruataniwha Tranche 2 groundwater takes. There are 8 applications for this water. These applications are on hold while applicants complete modelling work. Further information may be requested.

88. Wairoa District Council waste water discharge replacement consent application has been lodged.

89. Takes from the Heretaunga Plains unconfined aquifer are expiring this year (31 May). Applications have been coming in since November and are being placed on hold at the applicants request and will be processed as a group. 

 

Appeals/ Environment Court

90. PanPac Expert witness mediation held 18 – 19 September. One s274 party (CEAC) has since withdrawn. Court hearing scheduled for 12 February 2019 has now been cancelled and is to be rescheduled. 

 


 

Strategic Planning Group

Project description

Activity Status Update

Section / Team(s)

Project Management Office

 

91. The PMO roll-out is progressing well. The pilot is due to finish end March, leading to identified improvements to the framework and then enterprise-wide roll-out. Three monthly status reports have been presented to the Executive Team. The first quarterly report was presented to Corporate and Strategic in December.

RMA Planning

 

92. Next full update report to be presented to 3 April RPC meeting.

93. Two expert panel workshops to be held to explore criteria and nominees for potential outstanding waterbodies in HB, intended to further inform preparation of the outstanding waterbodies plan change.  Further update report to be presented to 20 February RPC meeting.

Statutory Advocacy

 

94. Next update report to be presented to 3 April RPC meeting.

95. Anticipating Bill for Stage 1 of RMA amendments early 2019.  Details pending Bill drafting.

96. More generally, 2019 is shaping up for a ‘wave’ of proposals from central government on a number of resource management-related initiatives as Cabinet and various Government-appointed working groups complete their tasks.

 

Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity

97. HPUDS Implementation Working Group (IWG) met 19 November. Next IWG meeting anticipated ~March/April 2019 (TBC).  Mayor Sandra Hazelhurst has been elected Chair so secretariat/logistics support transfers to HDC.

98. Continued support for quarterly reporting on urban development metrics as required by the NPS for Urban Development Capacity.

Transport

Public Transport

 

 

Regional Land Transport Planning

99. Draft Regional Public Transport Plan has been reviewed by RTC and will be presented to Council 27 February for adoption for public consultation.

100. First phase of testing of HBRC’s new ticketing system took place in early January, with no significant issues noted.

101. Major top priority roading projects in the Regional Land Transport Plan are now open and functioning well.  The Pakowhai Links roundabout and Whakatu Arterial Link facilitate the free flow of traffic across the Heretaunga Plains and to Napier Port.

102. RTC agreed to review the Heretaunga Plains Transport Study and widen its scope to be region-wide.  The study will evaluate the performance of the HB transport system with all the major roading improvements now complete, identify future issues or opportunities and consider all transport modes and will inform the 2021 Regional Land Transport Plan.

 

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 the Hawke’s Bay Regional Council receives and notes the Significant HBRC Activities through February 2019 report.

 

Authored by:

Mike Alebardi

Team Leader Pollution Response

Genevieve Bennett

Project Manager HB Biodiversity Strategy

Desiree Cull

Strategy and Projects Leader

Peter Davis

Manager Environmental Information

Ben Douglas

Forest Management Advisor

Mark Heaney

Manager Client Services

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Gavin Ide

Manager Policy and Planning

Dr Kathleen Kozyniak

Principal Scientist (Air)

Campbell Leckie

Manager Catchment Services

Dr Barry Lynch

Team Leader/Principal Scientist (Land Science)

Malcolm Miller

Manager Consents

Anne Redgrave

Transport Manager

Dr Jeff Smith

Team Leader/Principal Scientist – Hydrology/Hydrogeology

Dr Stephen Swabey

Manager Science

 

Approved by:

Chris Dolley

Group Manager Asset Management

Jessica Ellerm

Group Manager Corporate Services

Liz Lambert

Group Manager Regulation

Iain Maxwell

Group Manager Integrated Catchment Management

Tom Skerman

Group Manager Strategic Planning

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 January 2019

Subject: Discussion of Minor Items Not on the Agenda

 

Reason for Report

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

 

Item

Topic

Raised by

1.    

 

 

2.    

 

 

3.    

 

 

4.    

 

 

5.    

 

 

 

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 January 2019

Subject: Port Development Project Executive Steering Committee Update

1.     That Council excludes the public from this section of the meeting, being Agenda Item 11 Port Development Project Executive Steering Committee Update with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Port Development Project Executive Steering Committee Update

7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

7(2)(j) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

 

2.      That Blair O’Keeffe (HBRIC Ltd Chief Executive) remains in attendace as a member of the Executive Steering Committee and subject matter expert.

 

Authored by:

Blair O'Keeffe

HBRIC Ltd Chief Executive

Jessica Ellerm

Group Manager
Corporate Services

Approved by:

James Palmer

Chief Executive