Meeting of the Hawke's Bay Regional Council
Date: Wednesday 1 May 2019
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 27 March 2019
4. Follow-up Items
from Previous Regional Council Meetings 3
5. Call for Minor
Items of Business Not on the Agenda 13
6. Significant
Council Staff Activities through May 2019 15
Decision Items
7. Order of
Candidates' Names on Voting Documents 23
8. Report and
Recommendations from the Regional Planning Committee 25
9. Affixing of Common
Seal 27
Information or Performance Monitoring
10. April 2019 Napier Port IPO
Transaction Project Update 29
11. Annual Plan 2018-19 Progress
Report to 31 March 2019 and Nine Month Reforecast for Financial Year ending 30
June 2019 31
12. Clifton to Tangoio Coastal
Hazards Strategy Joint Committee Meeting Summary 63
13. Report from 9 April 2019
Māori Committee Meeting 67
14. Report from the 10 April 2019
Environment and Services Committee Meeting 69
15. Discussion of Minor Items Not
on the Agenda 71
Decision Items (Public Excluded)
16. Confirmation of Public
Excluded Meeting held on 27 March 2019 73
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 01 May 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
|
Followups for
April 2019 Council meeting
|
|
|
|
Followups
for April 2019 Council meeting
|
Attachment 1
|
|
Followups
for April 2019 Council meeting
|
Attachment 1
|
|
Followups
for April 2019 Council meeting
|
Attachment 1
|
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 01 May 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 15.
|
Item
|
Topic
|
Raised
by
|
|
1.
|
|
|
|
2.
|
|
|
|
3.
|
|
|
|
Leeanne Hooper
PRINCIPAL ADVISOR GOVERNANCE
|
James Palmer
CHIEF EXECUTIVE
|
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 01 May 2019
SUBJECT: Significant Council Staff Activities through May
2019
Reason
for Report
1. The following commentary is provided for
Councillors’ information, to inform them of significant issues and
activities coming up over the next couple of months.
Significant Work Streams
|
NPSFM Plan Changes
|
Project description
|
Activity Status Update
|
|
Group/Section
|
Team(s)
|
|
Strategic Planning
|
Policy
|
Progressing outstanding water bodies plan change
(‘PC7’) to notification
|
1. Staff
report to be presented to Regional Planning Committee meeting on 15th
May. Report will include further technical reports on assessments, iwi
consultation, targeted stakeholder consultation. Report will seek
RPC’s recommendations on identification of outstanding waterbodies in
the region.
|
|
|
|
Progressing TANK plan change (‘PC9’) to
notification
|
2. Pre-notification
targeted consultation feedback is being collated for reporting to the
Regional Planning Committee meeting on 15 May.
|
|
New Initiatives
(LTP)
|
Project description
|
Activity Status Update
|
|
Workstream
|
Group/Team(s)
|
|
Erosion Control Scheme
|
Integrated Catchment Management and Client Services
|
|
3. With 29
applications being processed (total value approx $1.9M), staff will continue
to engage with landowners and establish erosion control plans, and also
connect with suppliers to deliver on these plans.
4. Hill
country erosion scheme contract with Te Uru Rakau is expected to be signed in
May. Total project is $8.2 M - $2.84M Regional Council, $1.1M land owners and
$4.27M Te Uru Rakau funding. First task following signing the contract will
be recruitment of a project coordinator.
5. Data
collection tools Collector, Survey 123 and GIS web app development nearing
completion, with staff training on use during May.
6. Discussions
about erosion control and the long term sustainability of the sea facing
paddock currently underway with the landowner adjacent to Te Angiangi Marine
Reserve.
|
|
More Whitebait
|
Water Quality & Ecology (WQE)
|
Identify partnership opportunities to enhance whitebait
populations
|
7. Some
compromise to balance trees for bank stabilisation versus grass for spawning
under negotiation at Tukituki site.
|
Ngaruroro River
& Clive River Water Conservation Order (WCO) application
|
Project description
|
Activity Status Update
|
|
Group/Section
|
Team(s)
|
|
Strategic Planning
|
Policy
|
Ngaruroro Water Conservation Order application- Special
Tribunal proceedings
|
8. Stage 2
of the hearing closed 8 March 2019. The Applicants have submitted their
written closing statement.
9. Special
Tribunal is yet to confirm and announce its next procedural steps &
timings.
|
|
CHB Water
|
Project description
|
Activity Status Update
|
|
Group/Section
|
Team(s)
|
|
Integrated Catchment Management
|
Groundwater Science
|
|
10. Drilling
new groundwater monitoring bores at Ongaonga and Tikokino complete. Each site
has a 30m and 90m bore to monitor shallow and deep groundwater levels.
Dataloggers and telemetry installation is next step, to provide real-time
data via internet
|
|
Water quality & Ecology
|
Sub catchment summaries
|
11. $30K of
work funded by Fonterra has been confirmed to scope potential constructed
wetland sites to help with DIN reductions in the Tukipo catchment.
|
|
Strategic Planning
|
Policy
|
Scoping potential for plan change to amend dates for
minimum flows
|
12. At 17th
April Regional Planning Committee meeting, RPC made recommendation on whether
or not to proceed with a limited plan change that would delay implementation
of new minimum flows in Tukituki. Refer separate report from RPC
meeting for outcome.
|
|
Hawke’s Bay
Drinking Water
|
Project description
|
Activity Status Update
|
|
Group/Section
|
Team(s)
|
|
Office of CE & Chair
|
Governance
|
HB DW Governance Joint Committee
|
13. Joint
Committee meeting held 11 April, and next meeting scheduled 4 September.
|
Significant Team Activities
|
Integrated Catchment Management
Group
|
Project description
|
Activity Status Update
|
|
Section
|
Team
|
|
Environmental Science & Information
|
All teams
|
LiDAR Data Project
|
14. LINZ
advised in early April that they will fund up to 59% of a project to capture
LiDAR data for the whole of the Hawke’s Bay region, up to a cap of
$1,067,868. Other funders (including HBRC) will need to provide at least
$742,077 towards the project to receive this funding from LINZ. The four
main districts will contribute $500,000 in total, and HBRC is contributing
$300,000. Taupo District’s area in the Hawke’s Bay region is
being included in the Waikato region’s project. Proposed variations to
the base specification received from districts will be included in the
Request for Tenders, which will be managed by LINZ.
|
|
|
|
Air Quality
|
15. Air
quality monitoring in Breakwater Road, near Napier Port, is being undertaken
during April/May. It includes measurements of PM10, nitrogen oxides
and sulphur dioxide.
|
|
|
|
Land Science
|
16. Annual
soil quality monitoring sampling of approx 15 orchards and vineyard sites
begins 6 May.
|
|
|
|
Water quality and ecology
|
17. Spawning
area at Grange Creek has been recontoured to enhance spawning habitat
quality for inanga in the Tukituki River
18. Replacement
scientist position has been offered to an outstanding candidate, and this
role will now have more focus on fish monitoring, remediating fish barriers,
enhancing whitebait and rolling out our continuous water quality data
network
|
|
|
|
Environmental Information
|
19. Isco
sediment samplers will be installed at Tutaekuri at Puketapu and Esk at
Waipunga Bridge.
20. Esk at
Berry Rd flood warning site to be upgraded.
21. More
data to be bought up to NEMS standards.
|
|
Biosecurity/ Biodiversity
|
|
Predator Free Hawkes Bay
|
22. Whakatipu
Mahia signup of landowners finalised
23. Work on
area 1A & 1B of Mahia Peninsula finalised
24. Planning
meeting for next 12 month research contract with Manaaki Whenua in Lincoln,
integrating with the Predator Free Taranaki project
|
|
|
|
Biodiversity priority ecosystems
|
25. Working
with with Mike Thorsen (ERA Ecology NZ Ltd) in developing a threatened
species layer that will be applied to the ecosystem prioritisation layer
26. First
meeting of the Biodiversity Statutory Agency Working Group will be held in
May
|
|
Integrated Catchment Management
Group
|
Project description
|
Activity Status Update
|
|
Section
|
Team
|
|
Biosecurity/ Biodiversity
|
|
Plant pests
|
27. Continuing
urban Woolly nightshade checks
28. Old
man’s beard surveillance next to Kaweka ranges
|
|
|
|
Animal pests
|
29. Northern
DOC reserves coming up for their 1st and 2nd possum
control service under the DOC exacerbator budget.
30. 2018-19
possum monitoring northern HB completed
|
|
Catchment Management
|
Central Team
|
|
31. A main
focus between now and the end of May is completing the set-up of systems to
ensure smooth handling of more than 30,000 poplar and willow poles and
50,000 riparian plants from ordering to delivery which begins at the end of
May/early June
32. The
three teams are focused on driving sales of these poles and plants to
erodible and riparian areas.
33. The
process to appoint a Hotspot Project coordinator to replace Te Kaha is
almost completed.
|
|
Integrated Catchment Management
Group
|
Project description
|
Activity Status Update
|
|
Section
|
Team
|
|
Catchment Management
|
Southern Team
|
|
Discussions have
begun around more effective use of the HBRC Waipukurau site and how this
site is viewed by the community.
35. Essential
pre-consultation discussions with representatives from the Lake Whatuma
owners syndicate and tangata whenua have taken place, seeking to clarify
opportunities around lake ownership, sale price expectations and potential
conditions of sale.
36. HBRC is
assisting a Hawea catchment property with 1,210 meters of stream stock
exclusion fencing. This property also received 100k from 1BT to plant 10,000
native plants on 21ha over the next 3 years. The neighboring property now
wants to exclude stock from a further 500 meters of the Hawea stream and
retire it fully - highlighting that this programme of work is gaining
momentum.
37. HBRC is
working with landowners to fence the southern side of the Porangahau
estuary, from the road bridge to the point where the estuary and the beach
meet. HBRC is providing funding from the Marine and Coastal fund due to
recently discovered sea grass in the estuary. Staff are engaging with the
community and local school to take them along on the journey, and signage is
being installed at the end of the bridge to help inform and educate beach
visitors.
38. Partnering
with QEII and the land owner on an area of magnificent bush (16.8ha) inland
from Blackhead, which has been identified as an Ecosystem
prioritisation (EP) site. Planning to fence around the whole area
including some pasture retirement on the two sides that have slips and
slumps for native regeneration.
|
|
Regulation Group
|
Project description
|
Activity Status Update
|
|
Section
|
Team(s)
|
|
Compliance
|
|
PanPac Outfall leak
|
39. Pan Pac
is currently completing repairs on the leak. Following information obtained
since late March Pan Pac now plan to install an alternative method of
pipeline repair using a rigid pipe insert rather than the fibreglass patches
and Swiss liner considered earlier. The impact of this is that the work is
expected to be completed by mid-May, weather permitting.
|
|
Consents
|
Consents
|
Large/ significant application Processes
|
40. Te Mata
Mushrooms Application for related consents from HDC has been
notified and submissions have closed. Approx.150 were received. HBRC and HDC
now coordinating on joint hearing expected to occur in late June/early
July.
41. The
applications lodged with HBRC & CHBDC for mushroom composting on a Mt
Herbert Road Waipukurau site are subject to a s92 request for more
information.
|
|
42. HBRC
gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri.
Submission period closed on 4 March. The process is on hold at the
applicant’s request. A hearing may be required but there are no
submissions opposing so matters may be able to be resolved by prehearing
discussions.
|
|
43. The four
resource consent applications (Landcorp & NCC) for discharging
stormwater and drainage water into the Ahuriri Estuary are on hold.
|
|
44. Ruataniwha
Tranche 2 groundwater take (8) applications are on hold.
|
|
45. Wairoa
District Council waste water discharge replacement
consent application in process. Consent planner is preparing a s 92 further
information request following meeting with applicants consultant.
|
|
46. Takes
from the Heretaunga Plains unconfined aquifer (approx. 200 lodged)
expire 31 May and will be processed as a group, as requested by
applicants,
|
|
47. CHB
Wastewater working party reference group due to provide its
recommendation on improved options to CHBDC by May for the Council to
determine its options and to advise the Environment Court (by June 30 2019).
|
|
Consents
|
Appeals/ Environment Court
|
48. PanPac
Environment Court hearing was held on 8 April. Awaiting decision
|
|
Strategic Planning
Group
|
Project description
|
Activity Status Update
|
|
Section /
Team(s)
|
|
Policy & Planning
|
Statutory Advocacy
|
49. Towards
mid-2019, policy planning staff continue anticipating a variety of Bills,
draft NPSs/NESs and discussion documents to be released for sector and/or
public comment. These include:
(a) Bill for
Stage 1 of RMA amendments
(b) Freshwater NPS
amendments and NESs
(c) National
biodiversity strategy review
(d) NPS re
indigenous biodiversity
(e) NPS re
productive soils
(f) NES for
outdoor storage of tyres
(g) 12 month
review of NES for plantation forestry implementation
(h) ‘Urban
Growth Agenda’ urban planning pillar
(i) Zero
Emissions Bill Select Committee process
(j) Emissions
Trading Scheme regulation changes.
|
|
Policy & Planning
|
Heretaunga Plains Urban Development Strategy & NPS
for Urban Development Capacity
|
50. HPUDS
Implementation Working Group (IWG) meeting anticipated May 2019.
51. Quarterly
reporting on urban development metrics as required by the NPS for Urban
Development Capacity is ongoing.
|
|
Transport
|
Public Transport
Regional Road Safety
|
52. The
consultation period for the Regional Public Transport Plan ends on 6
May.
53. The
annual Road Safety Expo will take place at Pettigrew Arena during the week
beginning 6 May. This event is attended by senior students of almost
every high school in Hawke’s Bay. Members of the public are also
welcome.
|
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 April 2019 report.
|
Authored by:
|
Genevieve
Bennett
Project Manager HB Biodiversity Strategy
|
Desiree Cull
Strategy and Projects Leader
|
|
Peter Davis
Manager Environmental Information
|
Dean Evans
Catchment Manager Tukituki/Southern Coasts
|
|
Keiko Hashiba
Terrestrial Ecologist
|
Nathan Heath
Catchment Manager (Wairoa/Mohaka)
|
|
Dr Andy Hicks
Team Leader/Principal Scientist Water
Quality and Ecology
|
Gavin Ide
Principal Advisor Strategic Planning
|
|
Dr Kathleen
Kozyniak
Principal Scientist (Air)
|
Campbell
Leckie
Manager Catchment Services
|
|
Dr Barry
Lynch
Team Leader/Principal Scientist (Land
Science)
|
Anna
Madarasz-Smith
Team Leader/Principal Scientist Marine and
Coast
|
|
Brendan
Powell
Catchment Manager (Central)
|
Anne
Redgrave
Transport Manager
|
|
Dr Jeff Smith
Team Leader/Principal Scientist –
Hydrology/Hydrogeology
|
|
Approved by:
|
Liz Lambert
Group Manager Regulation
|
Joanne
Lawrence
Group Manager Office of the Chief Executive
and Chair
|
|
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 01 May 2019
Subject: Order of Candidates'
Names on Voting Documents
Reason for Report
1. This item seeks
a decision on the order of candidates’ names on voting documents for the
2019 election.
Options
2. In accordance with Regulation 31(1) of the Local Electoral
Regulations 2001, the Council is able to decide whether the names are to be
arranged on the voting documents in alphabetical order of surname,
pseudo-random order, or random order.
Alphabetical Order
by Surname
3. This is the order which has been used at all previous elections and
is self-explanatory.
Pseudo-Random Order
4. Under this arrangement, the candidates’ names for each issue
(election) are placed in a hat (or similar receptacle), mixed together, and
then drawn out of the receptacle, with candidates’ names being placed for
all voting documents for that issue in the order they are drawn.
5. The regulations provide that if a council has determined that
pseudo-random order is to be used, the Electoral Officer must state, in the
public notice required to be given, the date, time and place in which the order
of the candidates’ names will be arranged. Any person is then entitled to
attend while the draw is in progress.
Random Order
6. Under this arrangement, the names of the candidates for each issue
are shown in a different order on each and every voting document, utilising
software which enables the names of candidates to be printed in a different
order on each paper.
Options Assessment
7. The Council has
traditionally used alphabetical order in the triennial elections, and if
Council does not resolve otherwise, the candidates’ names must be
arranged in alphabetical order of surname.
8. The voting
papers for the 2019 election will contain elections for (or will advise who has
been elected if there are only enough candidates to fill the vacancy for any
particular position) the following issues.
8.1. Central
Hawke’s Bay Constituency (electing 1 councillor)
8.2. Hastings
Constituency (electing 3 councillors)
8.3. Napier
Constituency (electing 3 councillors)
8.4. Ngaruroro
Constituency (electing 1 councillor)
8.5. Wairoa
Constituency (electing 1 councillor).
9. Technological
developments for the printing of voting papers has greatly improved, so that
there is no difference in either cost or quality for the printing of
alphabetical or randomised voting papers.
10. Recent research on voting
patterns has also indicated that candidates with a surname starting at the top
end of the alphabet may have a slight advantage over others with a lower
alphabetical ranking.
11. A Government response to
the Report of the Justice and Electoral Committee on its Inquiry into the
2013 local authority elections stopped short of recommending that the order
on all ballot papers in local authority elections be completely
randomised, but did encourage councils to consider adopting the randomisation
of names under the existing provision.
12. Random order for voting
papers has been increasingly adopted by local councils. Out of a total number
of 118 Territorial Authorities, District Health Boards and Licensing Trusts in
the 2016 election, 55 used random order, 54 alphabetical and 9 pseudo-random.
13. In the Hawke’s Bay
region in 2016, only Napier City Council opted to use random order, however for
the 2019 elections all except Wairoa District Council have resolved to use
random order.
Financial and Resource Implications
14. The order that candidates
names appear on the voting documents does not have any financial impact on the
costs of the election.
Decision Making
Process
15. This
decision is primarily administrative rather than a
policy issue and does not trigger the Council’s significance and
engagement policy.
|
Recommendations
That
Hawke’s Bay Regional Council:
1. Agrees that the decision to be made is not significant under the
Council’s adopted Significance and Engagement Policy, and that Council
can exercise its discretion and make this decision without conferring
directly with the community or persons with an interest in the decision.
2. Resolves that the names of candidates at the 2019 Hawke’s
Bay Regional Council elections and any intervening by-elections be arranged
in random order.
|
Authored by:
|
Leeanne
Hooper
Principal Advisor Governance
|
|
Approved by:
|
James Palmer
Chief Executive
|
|
Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 01 May 2019
Subject: Report and
Recommendations from the Regional Planning Committee
Reason for Report
1. The following matters were considered by the Regional Planning
Committee meeting on 17 April 2019, and are now presented to Council for
consideration and approval.
Agenda Items
2. Potential
Tukituki Plan Change – re-presented an assessment of
the merits of proceeding with a plan change to ease the transition to the Plan
Change 6 minimum flow regime for the Tukituki Catchment community based on
responses received by staff to the scoping process that sought preliminary
stakeholder feedback. The Committee recommendations to Council, as resolved,
are:
2.1. Agrees that
the decision to be made is not significant under the criteria contained in
Council’s adopted Significance and Engagement Policy, and that the
Committee can exercise its discretion and make this decision without conferring
directly with the community in addition to the feedback already provided by
stakeholders.
2.2. Agrees to not
progress a proposed plan change to defer the 2018 minimum flow regime until 1
July 2021.
3. Tangata
Whenua Remuneration Review – this item provided the
committee with the Co-Chairs’ recommendations on the appointment of a
reviewer and Terms of Reference for the review, seeking agreement for staff to
initiate the review. The Committee resolved:
3.1. Agrees to the
engagement of Strategic Pay to carry out the remuneration review
3.2. Agrees that
the Co-Chairs will review and finalise the Terms of Reference for the review by
mutual agreement.
4. HBRC 2019-20 Annual Plan Approach –
this item advised Council’s “no
consultation” approach to the annual plan.
5. The Overview of the Regional Three Waters Review, Resource
Management Policy Project Updates and Statutory Advocacy Update
– were re-presented to the Committee, to be taken as read.
Decision Making Process
6. These items were specifically considered at the Committee level.
|
Recommendations
That the
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, 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. That Hawke’s Bay Regional Council receives and adopts
the Report and recommendations from the Regional
Planning Committee including the Regional Planning Committee resolutions as
follows.
Potential Tukituki Plan Change
3. Agrees that
the decision to be made is not significant under the criteria contained in
Council’s adopted Significance and Engagement Policy, and that the
Committee can exercise its discretion and make this decision without
conferring directly with the community in addition to the feedback already
provided by stakeholders.
4. Agrees to not
progress a proposed plan change to defer the 2018 minimum flow regime until 1
July 2021.
Reports
5. Notes that the following reports were provided to the Committee
5.1. Tangata whenua Remuneration Review
5.2. HBRC 2019-20 Annual Plan Approach
5.3. Overview of the Regional Three Waters Review
5.4. Resource Management Policy Project Updates
5.5. Statutory Advocacy Update.
|
Authored by:
|
Leeanne
Hooper
Principal Advisor Governance
|
|
Approved by:
|
James Palmer
Chief Executive
|
|
Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 01 May 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 96
DP 13379
CT F1/596
- Agreement for Sale and
Purchase
1.1.2 Lot 3
DP 4578
CT 56/142
- Transfer
1.1.3 Lot 2
DP 11825
CT C4/669
- Transfer
1.1.4 Lot 96
DP 13379
CT F1/596
- Transfer
1.1.5 Lot 2
DP 14773
CT G3/1459
- Agreement for Sale and
Purchase
|
4309
4310
4313
4314
4315
|
29 March 2019
29 March 2019
9 April 2019
9 April 2019
15 April 2019
|
|
1.2
|
Staff
Warrants
1.2.1 C.
Stace
(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))
1.2.2 W. Telford
(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))
|
4312
4311
|
9 April 2019
29 March 2019
|
2. The Common Seal
is used twice during a Leasehold Land Sale, once on the Sale and Purchase
Agreement and once on the Land Transfer document. More often than not,
there is a delay between the second issue (Land Transfer document) of the
Common Seal per property. This delay could result in the second issue of
the Seal not appearing until the following month.
3. When reporting
each month, it may appear there are more Common Seals issued than properties
sold. This month shows the Common Seal being used 3 times, but only one
property sale. This is due to the timing issue noted above, as one Common
Seal was for a Land Transfer from last month. The listed sales in the
table reflect the true movement of leasehold properties.
4. As a result of
sales, the current numbers of Leasehold properties owned by Council are:
4.1. 0 cross lease
properties were sold, with 74 remaining on Council’s books
4.2. 1 single
leasehold property was sold, with 101 remaining on Council’s books.
Decision Making Process
5. 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
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 01 May 2019
Subject: April 2019 Napier Port
IPO Transaction Project Update
Reason
for Report
1. This report provides the Regional Council with a monthly update on
the Port Capital Structure Project following the 19 December 2018 decision to
proceed with preparatory work ahead of a potential minority IPO of Napier Port.
Council decisions
2. Council approved at its meeting on 27 March to:
2.1. Create a new Council Controlled Organisation (to be named Napier
Port Holdings Limited)
2.2. Supplement existing majority shareholder protections for publicly
listed companies with a range of new shareholder protections, including
appointing two majority shareholder-appointed directors on the Napier Port
Holdings and Port of Napier Boards
2.3. adopt an amendment to the Regional Council’s 2018-28 Long-Term
Plan which enables the Regional Council to make a final decision on whether or
not to proceed with a minority IPO of Napier Port.
3. Council staff have subsequently updated all submitters on the
proposal to create a Council Controlled Organisation with Council’s
decision and the rationale for it.
Port due diligence
4. Multiple
detailed workstreams are being advanced in preparation for a potential minority
IPO of Napier Port.
5. Finalisation of due diligence reports is occurring across the trade
and economic, engineering and environmental workstreams, noting legal and
accounting and tax workstreams are continuing.
Preparation for the
initial public offering
6. Detailed preparation is underway for a potential public
offering. Workstreams include:
6.1. The Napier
Port management team, along with its advisors, conducted introductory meetings
with a range of potential institutional investors across New Zealand and
overseas.
6.2. The 6 Wharf Business Case, reflecting more detailed and refined cost
estimates for the construction of 6 Wharf has been approved by the Napier Port
Board. This was a condition set by the Regional Council that had to be
satisfied ahead of any vote to proceed with a minority IPO. Council has been
briefed accordingly and the updated costs disclosed in a media release.
6.3. The Port
management, with its advisors, continues work to further refine these
construction costs.
6.4. Detailed IPO financial and offer planning continues, including items
such as priority access to shares for local constituents of Hawke’s Bay,
local iwi and Port staff.
Next Steps
7. A workshop is planned with Council 1 May to discuss further
preparatory items, targeting a final decision by Council, on whether to
proceed, in the next 4-6 weeks.
Decision
Making Process
8. 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 Hawke’s Bay Regional Council
receives and notes the “April 2019 Napier Port IPO Transaction
Project Update” staff report.
|
Authored by:
|
Blair
O'Keeffe
HBRIC Ltd Chief Executive
|
|
Approved by:
|
Jessica
Ellerm
Group Manager
Corporate Services
|
|
Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 01 May 2019
SUBJECT: Annual Plan 2018-19 Progress Report
to 31 March 2019 and Nine Month Reforecast for Financial Year ending 30 June
2019
Reason for Report
1. This report
provides an update from the reforecasting exercise for the financial year
ending 30 June 2019 and a non-financial progress report on Long Term Plan (LTP)
level of service measures.
Reforecasting Exercise
to 30 June 2019
2. The reforecasting exercise summarised in this financial report is
based on expenditure and revenue analysis for the nine months to 31 March of
the current financial year and has been amended where necessary to reflect the
anticipated position at 30 June 2019.
3. The review included all operating and capital projects, cost centres
and investment income. There were a number of adjustments but overall any
increased expenditure has been offset by reductions in other areas.
4. The most significant variations from the original 2018-19 budget
come from:
Investment Income
5. The LTP provided for the transfer of $40 million previously set
aside for the Ruataniwha Water Storage Scheme to a diversified managed
investment fund in order to preserve the capital and grow investment income to
help fund the increase in Council’s operating activities.
6. The process of selecting and appointing a fund manager took longer
than initially expected, and was exacerbated by the need for an open
procurement process and the decision to appoint two fund managers.
7. The full year return expectations have become unachievable due to
the delay in placing these funds. The LTP forecasted a return of 4.5% on
the managed funds for the whole year compared to term deposit rates at around
3%. With this discrepancy in earnings there is an expected negative variance of
$350,000 for the year.
Our Port Consultation Costs
8. The 2018-28 LTP included $100,000 funding for the development and
communication of the Port consultation. As the process has progressed
this budget has been exceeded due to unbudgeted expenses associated with
procuring out of scope legal and other professional advice in addition to the
planned costs for auditing of the LTP amendment communications advice, postage
and delivery.
9. Total costs have increased to $200,000, leaving $100,000 that needs
to be factored into the reforecast.
10. Full
reforecasting movements with explanations on variances are attached.
Non-Financial Results
for Nine Months to 31 March 2019
The 9 month
progress report on the Level of Service Measures in the 2018-28 Long Term Plan
are attached, below is a chart showing a summary of the current status.
The red off
track measure and no data measures are listed below.
|
Governance and Partnerships
Community Representation and Leadership
|
|
Level of
Service Statement
|
Level of
Service Measure
|
Actual
Performance
|
Status
|
|
HBRC will make sound investment decisions
to grow its assets and generate investment incomes to fund council projects,
programmes and activities.
|
Rate of returns on investment as set out in
council’s Investment Policy are met.
|
Due to the slow distribution of the
investment funds there has been a delay in earning the extra returns set out
in the Investment Policy. This was fully allocated by the end of Feb.
|
Off Track
|
|
HBRC will monitor consent holders to ensure
compliance with the resource consent conditions imposed to protect the
environment and human health.
|
Percentage of programmed
inspections/reports completed each year as per the adopted risk-based
Compliance Monitoring Strategy.
|
Waiting for IRIS reporting to be repaired. Data cannot
be retrieved for present report but is expected to be available from early
May.
|
No Data
|
|
Percentage of monitored consents which
receive and overall grade of full compliance.
|
Waiting for IRIS reporting to be repaired. Data
cannot be retrieved for present report but is expected to be available from
early May.
|
No Data
|
11. The full
non-financial progress report is attached.
Decision Making Process
12. 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 “Annual Plan 2018-19 Progress
Report to 31 March 2019 and Nine Month Reforecast for Financial Year ending
30 June 2019” staff report.
|
Authored by:
|
Kelly Burkett
Business Analyst
|
Brylee
Finlayson
Financial Accountant
|
|
Manton
Collings
Chief Financial Officer
|
|
Approved by:
|
Jessica
Ellerm
Group Manager
Corporate Services
|
Joanne Lawrence
Group Manager Office of the Chief Executive
and Chair
|
|
James Palmer
Chief Executive
|
|
Attachment/s
|
⇩1
|
Reforecasting
for 31 March 2019
|
|
|
|
⇩2
|
LTP
Non-financial Progress Report to 31 March 2019
|
|
|
|
Reforecasting
for 31 March 2019
|
Attachment 1
|
|
LTP Non-financial Progress
Report to 31 March 2019
|
Attachment 2
|
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 01 May 2019
Subject: Clifton to Tangoio
Coastal Hazards Strategy Joint Committee Meeting Summary
Reason for Report
1. To provide a regular update (attached) on 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 by: Approved
by:
|
Simon Bendall
Project Manager
|
Chris Dolley
Group
Manager
Asset Management
|
Attachment/s
|
⇩1
|
Coastal
Hazards Joint Committee 18 March 2019 Meeting Summary
|
|
|
|
Coastal
Hazards Joint Committee 18 March 2019 Meeting Summary
|
Attachment 1
|
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 01 May 2019
Subject: Report from 9 April
2019 Māori Committee Meeting
Reason for Report
1. This item
provides the opportunity for the Māori Committee Chairman to provide
detailed context and feedback in relation to the discussions that took place at
the Māori Committee meeting on 9 April 2019, held in
Central Hawke’s Bay.
Agenda items
2. Seagrass in the Porangahau Estuary - Anna Madarasz-Smith presented
on the issues and opportunities for the Pōrangahau Estuary.
3. April 2019 Hotspots Update – provided an update focused on Tūtira Regional Park environmental projects.
4. Dartmoor Eels - a summary of the situation in response to a recent
eel kill incident, including investigations into
adapting drain maintenance programmes to protect the eels in the flood and drainage systems.
5. Draft Regional Public Transport Plan: Anne Redgrave presented
the draft Regional Public Transport Plan, seeking
feedback in the form of submissions, on what can be improved, particularly in
the outlying areas, advising that submissions are open until 6 May 2019.
6. HBRC 2019-20 Annual Plan Approach: Outlined
the ‘no consultation’ approach the Regional Council is taking, and
provided the high level messages that will be made available to the public
commencing 18 April.
7. Update on the Pan Pac Discharge at Whirinaki: Provided an update on activities undertaken to fix the broken
Whirinaki pipeline.
8. A regular Statutory Advocacy update from the HBRC policy team.
9. Verbal updates on current issues and activities from the HBRC Chief
Executive, Chairman and Te Pou Whakarae (Māori Partnerships) on topics covering:
9.1. the potential Napier Port sharemarket listing
9.2. meeting with Dave Paku on environmental issues, changes in the
environment and farm practices
9.3. James Palmer arranging a local specialist to speak on the economics
of afforestation and carbon
9.4. Eskdale community planting programme
9.5. Balance Farm Awards
9.6. Relationship between RPC and Maori Committee and what the future
might look like after the October elections.
10. Regular
updates from the taiwhenua representatives covered:
10.1. Wairoa
Taiwhenua - a wananga at Waiparere Farm to investigate the regeneration of
native trees; Right Tree Right Place hui with James Powrie at NKII office;
repatriation of 21 tupuna and concerns about the deforestation of marginal land
which resulted in this devastating impact on the hapu.
10.2. Kahungunu
Executive taiwhenua - Kanuka trees at Ruataniwha marae being poisoned and burnt
without consent.
10.3. Tamatea
taiwhenua - two Tamatea candidates for elections to the NKII board.
10.4. Te
Whanganui-a-Orotū
Taiwhenua - currently in process of reviewing sections 5 and 6 of the RMA to
protect cultural values and will be making recommendations with regards to the
development of the Central Government review.
10.5. Heretaunga
Taiwhenua - resource consent application process for some applications
requiring early taiwhenua input /intervention to work through complex issues;
issues with Regional Council Gravel extraction resource consent application for
Ngaruroro, Tukituki and Tutaekuri catchments.
Decision Making Process
11. 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 “Report from 9 April 2019 Māori
Committee Meeting”.
|
Authored by:
|
Annelie Roets
Governance Administration Assistant
|
|
Approved by:
|
Pieri
Munro
Te Pou Whakarae
|
|
Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 01 May 2019
Subject: Report from the 10
April 2019 Environment and Services Committee Meeting
Reason for Report
1. The following matters were considered by the Environment and
Services Committee at its meeting on 10 April 2019.
Agenda Items
2. ANZ Sustainable Farming Presentation –
made by Mark Morice was a summary of
an ANZ presentation given at a recent field day about Greenhouse Gas Reduction
obligations and initiatives and the carbon market in New Zealand, with
particular focus on implications for the farming sector.
3. Future Farming Initiative Update –
provided the Committee with an update on achievements of the
Group to date including setting up a Terms of
Reference, establishing the Mission and Problem Statement, agreeing the Scope
of Activities and agreeing the Timeline and Outcomes to be achieved to June
2019.
4. Ngaruroro Water Conservation Order Application Update – Outlined recent process steps, with stage 2 hearings
held in February-March, as well as the process working toward a final decision
on whether or not the application is granted by the Minister for the
Environment.
5. Biodiversity Hawke’s Bay Update and Presentation –
made by Charles Daugherty covered the planned HB Biodiversity
Foundation activities to raise and secure funds needed
to grow the level of biodiversity related activities in our region, for 2019 and beyond.
6. Ecosystem Prioritisation – presented an outline of the programme of work led by the
Biosecurity/Biodiversity Team using Terrestrial Ecosystem mapping and Ecosystem
Prioritisation to identify the sites where activities to halt biodiversity
decline can be focussed.
7. April 2019 Hotspots Update – was
focused on activities at Lake Tutira, including the pine forest harvest on the
Tangoio Soil Conservation Estate, the development of a community led Integrated
Catchment Mangement Plan and the voluntary process of landowners developing
FEMPs for their properties.
8. Taiao Mahinga Kai Protection – presented a summary of Council’s response to the 14 February
eel kill incident, including investigations into best practice drain maintenance to develop a standard operating procedure (SOP) to protect the eels in the systems, with all wet drain
maintenance halted until the SOP is agreed by the Task Team that has been
established.
9. Consented Discharges to the Marine Environment –
provided an overview of the principal wastewater
discharge consents held for the Napier, Hastings and Wairoa municipal
wastewater discharges and the PanPac timber and pulp mill discharge, including
compliance with the conditions of those consents.
10. Update on the Pan Pac Pipeline – advised that pipeline repairs had not been
completed due to various delays.
11. Presentation of the Outdoor Burning Tool –
demonstrated the tool, which has been created to provide users
with advice on whether meteorological conditions (from telemetered climate
stations) are appropriate for outdoor burning.
Decision
Making Process
12. Staff
have assessed the requirements of the Local Government Act 2002 in relation to
this item and have concluded that, as this report is information only, the
decision making provisions do not apply.
|
Recommendations
That
Hawke’s Bay Regional Council receives and notes the “Report
from the 10 April 2019 Environment and Services Committee Meeting”.
|
Authored by:
|
Leeanne
Hooper
Principal Advisor Governance
|
|
Approved by:
|
Chris
Dolley
Group Manager
Asset Management
|
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 01 May 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 01 May 2019
SUBJECT: CONFIRMATION OF PUBLIC EXCLUDED
MINUTES OF THE REGIONAL COUNCIL MEETING HELD ON 27 mARCH 2019
That the Council excludes the public
from this section of the meeting being Confirmation of Public Excluded Minutes
Agenda Item 16 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
|
|
Nominations for Certificates of
Appreciation
|
7(2)(a) 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 protect the
privacy of natural persons
|
The Council is specified, in the First
Schedule to this Act, as a body to which the Act applies.
|
|
2019-20 Annual Plan Communications Plan
|
7(2)(i) 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 enable the local
authority holding the information to carry out, without prejudice or
disadvantage, negotiations (including commercial and industrial
negotiations)
|
The Council is specified, in the First
Schedule to this Act, as a body to which the Act applies.
|
|
Confirmation of Public Excluded Meeting
held on 27 February 2019
|
7(2)(a) 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 protect the
privacy of natural persons
|
The Council is specified, in the First
Schedule to this Act, as a body to which the Act applies.
|
|
HBRIC Ltd Independent Director
Remuneration
|
7(2)(a) 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 protect the
privacy of natural persons
|
The Council is specified, in the First
Schedule to this Act, as a body to which the Act applies.
|
|
Authored by:
|
Leeanne
Hooper
Principal Advisor Governance
|
|
Approved by:
|
James Palmer
Chief Executive
|
|
