Agenda of Regional Council Meeting - Wednesday, 28 April 2021

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 April 2021

Subject: Significant Organisational Activities Looking Forward through May 2021

Reason for Report

1. The commentary following is for Councillors’ information, to highlight significant areas of Council activity. Significant Council resources are being directed toward various initiatives, which reflect the Council’s evolving agenda and it is considered important that Council is consistently informed on progress in areas that have or may create a high external profile.

Whole of Region

Project / Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

Incidents and Enforcement

1. Pollution Response and Enforcement received 664 incidents (Air 406, Land 119, Surface water 106, Coastal 29, Ground Water 4) logged through our hotline for the period 1 July 2020- 31 March 2021.

2. Total infringements for year to date 1/7/20 – 31/03/21 = 59

Infringement no.	RMA section breached	Discharge of contaminants to:
12	15(1)(a)	Water
10	15(1)(b)	Land where may enter water
7	15 (1)(c)	Industrial or trade premises to air
5	15(1)(d)	Industrial or trade premises to land
21	15(2A)	Air or land where breaches our RRMP
1	22(2)	Failure to supply information (name and address) to an enforcement officer
3	338(1) (c)	Breach of Abatement Notice

3. Eleven active prosecutions-initiated year to date (18/02/21) at various stages, which we are unable to comment publicly on.

Regulation

Compliance & Enforcement

Resource Consent Compliance

4. 80% of programmed resource consent inspections have been completed for the year to date with 495 site inspections, 486 reports sent, and assessment of 138+677+356 environmental data returns

5. Of all consents monitored to 30 March 2021, 87% achieved full compliance. 24 were graded significantly non-compliant, 286 moderate and 138 low risk.

6. All identified significant non-compliance has been resolved or is the subject of current enforcement action.

7. Of the moderate non-compliant, 211 are water takes that have been identified through our pre-expiry program as requiring work done. We expect these to be resolved in the next quarter.

Regulation

Consents & Compliance

HAIL database upgrades

8. The HAIL database upgrade into IRIS has been completed and a proposal for making the data more accessible for users is being scoped

9. All known closed landfill sites have been spatially mapped and climate change risk assessment is currently being undertaken.

Regulation

Hazardous Waste and Contaminated Land

Events

Napier Port

Primary Sector

Awards Field

Days

10. Silver Fern Farms Hawke’s Bay Farmer of the Year (Andrew and Maddy McLean - Wanstead). The field day will be held on 14 May. Andrew and Maddy are members of the Porangahau Catchment Group. Maddy previously worked as a Catchment Advisor in the Southern Office.

11. Pan Pac Hawke’s Bay Farm Forester of the Year (Mark Warren – Omakere). The field day will be held on 27 May. HBRC are co-sponsors of this award and the Hawke’s Bay Farm Forestry Association.

ICM

Catchment Delivery

Policy Implementation

12. Activities will be underway to communicate and help prepare farmers for nationwide expectations this season for improved practice for winter forage crop management. This continues to build on several years of work with farmers and industry groups and rural professionals on this issue.

Catchment Policy Implementation

Regional Land Transport Plan

13. The Regional Transport Committee heard 22 of the 67 submitters who made submissions on the Draft RLTP over two days. The Committee will deliberate on all the submissions at their meeting on the 14 may.

Transport

Northern Catchment
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
Events	14. An inaugural meeting of the Waikare River Catchment Group (20th April). This will be attended by the relevant Catchment management staff for the first meeting. 15. A field day in Wairoa (a date in May yet to be set) to present up-to-date findings from the Sustainable Farming Fund funded ‘Grazable Shrubs’ project. This is open to anyone who is interested including staff and councillors.	ICM – Catchment Delivery
Māori Partnerships	16. A community working bee to clean up around Whakakī School as part of the Freshwater Improvement Fund project is being held 24 April, with a large turnout anticipated. 17. Meeting with the Gisborne District Council Māori partnerships team this week to discuss cross boundary collaboration. 18. Community partnerships group meeting occurring 5 May 19. Engagement held with Tātau Tātau o Te Wairoa, Rongomaiwahine Iwi Trust, HBRC Māori Committee, Waikaremoana Tribal Authority, Ngāti Rakaipaaka, MPI.	Māori Partnerships
River Parade Erosion Protection	20. Preliminary design for sheet piled wall has been completed. Wairoa District Council to undertake enabling works to relocate water mains imminently. Detailed design to start in May, lead time on steel sheet piles approx. 4 months. Site works due to commence August 2021.	Regional Projects
WDC Wastewater Consents	21. Application to upgrade the Opoutama treatment plant has been lodged and work is progressing as required by the abatement notice. Full plant upgrade is anticipated to be complete by October 2021.	Regulation Consents & Compliance

Central Catchments
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
Events	22. The Landwise conference will be held in Havelock North on 19 & 20 May. HBRC is a Platinum sponsor for this event. The theme is “Working Smarter”. Sessions focus on use of research and technology to improve environmental and economic performance in vegetable and cropping systems.	Catchment Policy Implementation
TANK Plan Change (PC9)	23. The S42a report has been released and posted on the Council website in advance of the Hearings scheduled for May/June 2021. The report and appendices can be found here.	Policy & Planning
Ngaruroro and Clive Rivers Water Conservation Order	24. Hearings have been rescheduled to commence 14 June 2021.	Policy & Planning
Omaranui Landfill expansion	25. The resource consent applications for the Omaranui Landfill expansion were notified on Tuesday 19 January 2021. Submissions closed Wednesday 17 February 2021. 26. HDC are currently meeting with all submitters individually and have asked for a time extension while they undertake this consultation. 27. Hearing to be scheduled, likely in July.	Regulation Consents
NCC and HDC Wastewater discharge Consents	28. The resource consent applications for the Omaranui Landfill expansion were notified on Tuesday 19 January 2021. Submissions closed Wednesday 17 February 2021. 29. HDC are currently meeting with all submitters individually and have asked for a time extension while they undertake this consultation. 30. Hearing to be scheduled, likely in July.	Regulation Consents
NCC and HDC Stormwater Consents	31. HDC and HBRC stormwater liaison meeting held to discuss upcoming reconsenting process and undertaking the final cultural impact study. 32. Liaison meetings with NCC 3 waters team around implementation timeframes for stormwater treatment and disposal options to be held.	Regulation Consents & Compliance
Clive River Dredging and discharge of dredge materials	33. Asset Management is planning to dredge the lower reaches of the Clive River and resource consent applications have been lodged for the dredging and the discharge of dredged material. The application has been assessed by external consultants. Further information has been requested for this application by the Consents section.	Asset Management Regulation Consents
Flood Control Schemes	34. Resilience Funding PDU projects: Taradale stopbank geotechnical testing has been completed; analysis of results will dictate scope for engineered strengthening required. 35. Moteo stopbank geotechnical assessments will follow on from the Taradale site, results from these assessments will form the basis of scope of works for engineered strengthening works at both sites. 36. Site prioritisation for HPFCS has been developed based on river modelling outputs, condition assessments and consequence of failure of assets. There are twelve proposed site which have been programmed into IRG project plan for years 2 and 3. 37. Preliminary design for two priority 1 locations, with design options will be completed by end of April.	Asset Management Engineering Regional Projects
Heretaunga Plains Scheme review	38. Modelling of the Tūtaekurī and Ngaruroro Rivers complete. There are no significant issues to report on with regards to containing a 1 in 500-year event, however, this excludes the effects of climate change. Climate change effects will be assessed at a later date, allowing for additional data to minimise the risk of over design. 39. The Lower Tukituki River hydrodynamic model is now calibrated, and results show the 1 in 500-year event is NOT contained within the existing stopbanks. Reprioritising of stopbank upgrades will include this new information.	Asset Management Regional Projects
Gravel Management	40. All contractors and industries have been updated on upcoming changes with global consent implementation. Asset Management team is working with consent authority to find a suitable solution for rivers which are not part of the global consent. 41. A hearing will be scheduled for Jun/July.	Asset Management Consents, Schemes
Lake Tūtira	42. Kahikanui stream bridge is now in final stages of completion.	Asset Management Regional Projects ICM -Freshwater quality and ecology
Waitangi Regional Park	43. Stage 3 of the development including improvements to the overflow car park are underway in late April while the marquee area project is now complete. Extensive invasive tree removal completed on the Railway wetland in advance of the winter planting by HBRC, Fish and Game and Forest and Bird Napier Branch. Preparation is underway for the Matariki event in June as a partnership between HBRC, NCC, HDC, Napier Port, Sport Hawke’s Bay and the National Aquarium of NZ.	Asset Management Open Spaces
Tangoio and Tūtira Forestry	44. Tangoio logging completed with no issues. Tangoio Walkway being rehabilitated and will be reopened by the end of April 45. Logging at Tūtira to make room for road and skid contruction completed, approximately one more month of road and skid construction before walkways reopened	Asset Management Open Spaces Forestry
Hawea Historical Park / Karamu Stream Diversion	46. Hawea Park Draft Management plan is drafted and under review with HBRC. Awaiting cultural information from committee. 47. Stage 3 of the development is underway with detailed design for the widening of the confluence completed and waterway enhancement design completed and shared with the management committee.	Asset Management Open Spaces Regional Assets
Bayview/ Whirinaki Cycleway	48. Preferred route has been selected based on property easements, affected landowners, project risks and associated costs. Project brief to be provided to HBRC/NCC for acceptance in May 2021.	Asset Management Regulation Regional Projects

Southern Catchments
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
CHBDC Wastewater discharge consents	49. Upgrades to be completed in 9 phases across 5 projects, more information can be found here. 50. Porangahau and Te Paerahi replacement applications for the municipal wastewater systems have been lodged and formally accepted. 51. Application to vary the discharge consent for the Otane treatment plant has been lodged with works to redirect wastewater to Waipawa for treatment currently underway. 52. Submission of the ecological impact study for the Waipawa treatment plant discharge is expected.	Regulation Consents & Compliance
Upper Tukituki Flood Control Scheme	53. Waipawa river erosion above SH50. Left bank strengthening has been completed, channel diversion nearing completion, right bank earthworks due for completion next week and pole planting to commence in June 2021. 54. Upper Tukituki gravel extraction. Consultation through LTP to determine co-funding contribution, decision expected by end of June 2021. Chilean needle grass study to be included as part of the works. Collaborative framework agreement and subsidisation incentive nearing completion. 55. CHBDC Tukituki Trails PGF project – CHB MOU being drafted for the project and future maintenance. CHB is leading this project with some assistance from HBRC.	Asset Management Regional Projects, Schemes
Silver Fern Farms Takapau consents	56. Consents for Silver Fern Farms to discharge process water from the Takapau Meat Processing Plant are in process. The applications were notified on 23 Jan 2021 and submissions closed 22 Feb. It is anticipated matters raised can be resolved without a hearing.	Consents
Ruataniwha Tranche 2 consents	57. Applicants seeking Tranche 2 water have submitted modelling results for taking and offsetting effects on the environment. HBRC has provided feedback on these. A further report has been submitted and is being reviewed externally.	Consents
Te Mata Mushroom Company, Waipukurau site	58. Te Mata Mushroom Company proposed compost production operation at a new site on Mt Herbert Road, Waipukurau. An updated application has been submitted. Further information has been requested. The application remains on hold until the further information has been received. The time for this has been extended. Consents are also required from CHBDC	Consents

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 Organisational Activities Looking Forward through May 2021 staff report.

Authored by:

Mike Alebardi

Acting Manager Compliance

Mary-Anne Baker

Acting Transport Manager

Jack Blunden

Team Leader Compliance - Urban & Industrial

Tania Diack

Team Leader Consents

Ben Douglas

Forest Management Advisor

Ceri Edmonds

Manager Policy and Planning

Russell Engelke

Team Leader Open Spaces

Dean Evans

Manager Catchments Delivery

Craig Goodier

Team Leader Engineering

Martina Groves

Manager Regional Assets

Nathan Heath

Area Manager Northern Hawke's Bay

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

David Keracher

Acting Manager Regional Projects

Campbell Leckie

RTRP Afforestation Lead

Dr Barry Lynch

Team Leader/Principal Scientist (Land Science)

Anna Madarasz-Smith

Team Leader/Principal Scientist Marine & Coast

Malcolm Miller

Manager Consents

Brendan Powell

Manager Catchments Policy Implementation

Dr Jeff Smith

Manager Science

Mona Wells

Team Leader Hydrology/Hydrogeology

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Chris Dolley

Group Manager Asset Management

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 April 2021

Subject: Establishment of Two New Council Controlled Trading Organisations (CCTOs) to Operate FoodEast

Reason for Report

1. This report provides the Regional Council with the submissions received from public consultation on the proposal to establish two new Council Controlled Trading Organisations (CCTOs) to operate FoodEast, along with officers’ analysis of those submissions.

2. The purpose of this report is to identify and respond to key themes, ideas and suggestions raised by persons who provided feedback to assist the Regional Council’s decision making.

Officers’ Recommendations

3. Officers recommend that the Regional Council considers the written and verbal submissions and the officers’ analysis of those submissions to enable an informed decision of whether to establish the two CCTOs to operate FoodEast.

Background

4. The opportunity to invest in a new innovation food hub, FoodEast, has been led by Hastings District Council. It was discussed at the Regional Council meeting on 24 February 2021 and the Regional Council resolved:

4.1. Endorses Hawke’s Bay Regional Investment Company Limited (HBRIC) investing in FoodEast, consistent with the terms outlined in the business case and terms sheet, and to the extent necessary authorises HBRIC to proceed and execute the transaction, noting:

4.1.1. the recommendation of the HBRIC Board to invest in FoodEast

4.1.2. HBRIC’s authority to transact is within HBRIC’s agreed financial targets

4.1.3. Initiates consultation on the formation of a new Council Controlled Organisation.

5. The food hub proposition had been previously raised with the Regional Council through the quarterly update from HBRIC in late 2020.

6. HBRIC is interested in being the majority shareholder with a majority stake (66.6%) in the proposed FoodEast Limited Partnership. Hastings District Council and Progressive Meats will each hold a 16.7% share. The Provincial Growth Fund has committed $12 million of the estimated $18 million total cost.

7. In order for HBRIC to be the majority investor in FoodEast, the Regional Council must establish two CCTOs. The proposal is that the CCTOs take the form of a Limited Partnership (LP) and a General Partner (GP).

8. Section 6 of the Local Government Act 2002 (the Act) defines a CCTO as an entity in which 1 or more local authorities control, directly or indirectly, 50% or more of the votes at any meeting of the members or controlling body of the entity. This consultation to establish the CCTOs has been triggered by the proposed investment from HBRIC which brings the total investment from local authorities to over 50%. Had the local authorities’ share remained below 50% in these new entities, they would not be deemed as CCTOs and no consultation would have been required.

9. Section 56 of the Act requires the Regional Council to consult before it can establish a CCTO and to undertake consultation in accordance with section 82. Section 82 of the Act requires consultation with “persons who will or may be affected by, or have an interest in, the decision or matter” and the consultation process ensured interested parties were advised appropriately.

10. The consultation sought community feedback on the proposal to establish the CCTOs to operate FoodEast and not on the investment itself.

Decision to Invest

11. The final decision on whether to invest in FoodEast will be made by HBRIC at the conclusion of a due diligence process.

12. HBRIC Limited is a wholly Regional Council owned Council Controlled Organisation established in 2012. HBRIC was set up to actively manage its allocated investment portfolio and any new investments it makes, including its shareholding in Napier Port Holdings Limited (Napier Port), and to identify on behalf of Council, and in conjunction with relevant parties, present and future regional infrastructural needs, and to support the establishment and maintenance of resilient infrastructure in the Hawke’s Bay region that has the potential to enhance the economic well-being of the region, and provide an adequate return.

13. HBRIC has a Board of Directors and every investment opportunity undergoes due diligence. Investment opportunities are further referred to Council for endorsement.

14. The 2021-31 LTP defined HBRIC’s role in the Regional Council’s Investment Strategy as being an enabler of regional growth and environmental outcomes. This means HBRIC will invest in the region as a commercial investor.

15. HBRIC’s investment controls and procedures are outlined in its Treasury Policy and Letter of Expectation. HBRIC is expected to manage its investment holdings in accordance with these documents and report to Regional Council on its compliance. Provided this occurs, HBRIC can manage its investment portfolio and determine how it meets Council’s yield requirements.

Submissions Process

16. The Statement of Proposal was publicly notified on Wednesday 24 March 2021. Notification and subsequent promotion included public notice in the newspaper, media release, social media, email targeted to relevant organisations and the Regional Council’s website.

17. Consultation closed on Monday 12 April 2021.

18. All submissions were received through online submission form although a downloadable form was also available on the Regional Council website.

19. Overall, the FaceBook social media channel sent two posts concerning this consultation which:

19.1. Individuals reached: 4032

19.2. Post engagements: 42

19.3. Links clicked: 199

20. The two options presented were:

20.1. To establish the two new CCTOs as presented in the consultation (preferred option)

20.2. Do not establish the two new CCTOs.

Submissions Received

21. A total of 10 submissions were received, with 3 submissions supporting the proposal and 7 not supporting the proposal.

22. Key themes expressed by submitters include:

22.1. Not enough/no detail on investment, financial commitment and/or expected profit (most common theme)

22.2. The Regional Council should not be investing in private enterprise

22.3. Concern that rates may go up

22.4. Concern that the Regional Council will use the CCTOs to invest in other ventures without ratepayer input

22.5. A food hub suits Hawke’s Bay agriculture, industry and population skillset

22.6. A food hub will help address disparity in disadvantaged populations.

Verbal submissions

23. Of the total, 4 submitters indicated they wish to present their submission in person and the 2 who are available will speak as scheduled following.

Time	Name and organisation	Sub#
11.30am	Des Ratima on behalf of Whanautahi Charitable Trust	5
11.40am	Paul Bailey	7

Officer’s Analysis of Submissions

Not enough/no detail

24. The majority of submitters opposing the proposal made reference to the fact that there was no financial information on the investment such as return on investment and how the investment hopes to make a profit.

25. At the 24 February 2021 public excluded meeting, the Regional Council was presented with the FoodEast business case which included the financial information relating to the investment. Following a review of the business case, Council endorsed HBRIC’s intention to invest in FoodEast. The decision to not include financial information relating to the investment in the consultation document was in order to protect the commercial sensitivity of the investment, and because the investment itself was not the subject of the consultation.

Regional Council should not be investing in private enterprise

26. One submitter was of the view that the Regional Council should not be involved and to let private enterprises fund the FoodEast investment. Staff note that the Regional Council’s involvement in the investment is that of an indirect nature, being the parent of the investor (HBRIC).

27. Staff further note that the proposed FoodEast investment aims to generate positive economic outcomes for the region, in addition to commercial returns for investors. The investment therefore aligns strategically to the role the Regional Council plays in the regional development. The investment is also consistent with HBRIC’s mission as set out in its Statement of Intent, to optimise the financial and strategic returns to the Regional Council from its allocated investment portfolio to assist the Regional Council achieve its vision of “a healthy environment, and a resilient and prosperous community”.

28. Staff consider that this proposal is consistent with HBRIC’s role as an enabler of regional growth and environmental outcomes.

Concern that rates may go up

29. One submitter raised concerns on this being a ‘rort’ which will cause rates to increase. Staff note that the investment is projected to generate commercial returns to HBRIC. There is the potential for some of these returns from the investment to be distributed to the Regional Council as dividends from HBRIC, which will reduce future ratepayer burden. While the decision of HBRIC to invest in FoodEast has no direct impact on rates, there is the opportunity cost of the funds used for the investment being distributed to the Regional Council to ease ratepayer burden. Forgoing access to funds at present in order to generate future earnings and capital gains is an opportunity cost that is common to most commercial investments.

30. It should be noted that the Regional Council has communicated dividend expectations to HBRIC as part of feedback provided on the 2021-22 HBRIC Statement of Intent and has built these dividend expectations into the 2021-31 Long Term Plan currently being consulted on.

Concern that the Regional Council will use the CCTOs to invest in other ventures without ratepayer input

31. The decision to invest will trigger the creation of the CCTOs. They will not be created unless the investment progresses.

A food hub suits Hawke’s Bay agriculture, industry and population skillset

32. The purpose of FoodEast is to be a hub that will:

32.1. facilitate innovation and collaboration

32.2. be an innovation centre designed to promote more cost-effective food and beverage product innovation

32.3. provide a base for clustering food technology firms, improving cooperation and bringing in scientific and technical expertise in all areas relating to food innovation (including research activity).

A food hub will help address disparity in disadvantaged populations

33. Submitters in favour of the proposal had views that a food hub will enable a market niche to be turned into an opportunity and that it will address disparity in disadvantaged populations. These views are consistent with the purpose of establishing FoodEast.

Financial and Resource Implications

34. If the investment goes ahead, the set-up costs to establish the CCTOs will be shared by all investors and are consistent with the costs for creating any limited company or partnership. There will be no direct cost implications to the Regional Council with the formation of the new CCTOs.

35. As a CCTO there will be ongoing costs associated with the annual audits conducted by the Office of the Auditor General. The Auditor General sets these fees, which are yet to be determined. These costs will be borne by the CCTOs.

Next Steps

36. The decision to progress as a majority investor will trigger the creation of the CCTOs. The target timeframe for the formation of the CCTOs is during May (subject to final due diligence).

37. The CCTOs need to be formed, like any other limited company or partnership, meeting all requirements of the Companies Office, Companies Act 1993, Limited Partnership Act 2008, Local Government Act 2002 and other relevant legislative requirements, including the appointment of Directors, which will occur in compliance with HBRIC and Regional Council policies.

38. Once the CCTOs are formed, contact will be made with the Office of the Auditor General, to request the appointment of an auditor who will conduct annual audits of the business in compliance with the Local Government Act.

Decision Making Process

39. The Regional Council and its committees are 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:

39.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.

39.2. The use of a consultative process is provided for by legislation. Section 56 of the Act states that consultation is required before Council controlled organisations are established.

Recommendations

That Hawke’s Bay Regional Council:

1. Receives and considers the “Establishment of Two New Council Controlled Trading Organisations (CCTOs) to Operate FoodEast” staff report.

2. Receives and considers the verbal and written submissions on the proposal to Establish Two New Council Controlled Trading Organisations (CCTOs) to Operate FoodEast.

3. Agrees that the decisions to be made are informed by the written and verbal submissions made in accordance with Local Government Act and that these decisions can be made without further conferring directly with the community or persons likely to have an interest in the decision.

And either

4. Agrees to establish two new Council Controlled Trading Organisations (CCTOs) to Operate FoodEast.

5. Does not agree to establish two new Council Controlled Trading Organisations (CCTOs) to Operate FoodEast.

Authored by:

Sarah Bell

Team Leader Strategy and Performance

Desiree Cull

Strategy and Governance Manager

Leeanne Hooper

Team Leader Governance

Kishan Premadasa

Management Accountant

Bronda Smith

Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager Corporate Services

Attachment/s

1 ⇩

CCTO Submissions Received

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 April 2021

Subject: Affixing of the 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 67 DP 1422 CT G1/6 - Agreement for Sale and Purchase 1.1.2 Lot 25 DP 10556 CT E2/377 - Agreement for Sale and Purchase	4445 4446	1 April 2021 1 April 2021
1.2	Staff Warrants 1.2.1 K. Thompson L. Foulds (Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive).	4444 4448	30 March 2021 20 April 2021
1.3	Application to have interest in Easement TE106910 registered against Records of Title 70400, 972595 and 972596 (Under Section 90 Land Transfer Act 2017 this is an application to have the easement updated to the name of Hawke’s Bay Regional Council (from Hawke’s Bay Catchment Board).	4447	14 April 2021

2. The Common Seal is used during a Leasehold Land Sale on the Sale and Purchase Agreement.

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

3.1. 1 cross lease property was sold, with 79 remaining on Council’s books

3.2. 3 single leasehold properties were sold, with 66 remaining on Council’s books.

Decision Making Criteria

4. 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:

4.1 Sections 97 and 88 of the Act do not apply

4.2 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

4.3 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, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

2. Confirms the action to affix the Common Seal.

Authored by:

Diane Wisely

Executive Assistant

Geoff Howes

Treasury & Funding Accountant

Approved by:

James Palmer

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 April 2021

Subject: Report from the 22 March 2021 HB Civil Defence Emergency Management Group Joint Committee Meeting

Reason for Report

1. This item provides a summary of discussions at the 22 March 2021 HB Civil Defence Emergency Management Group Joint Committee (HB CDEMG JC) meeting along with the opportunity for the Chair, Rex Graham, to provide additional context as he wishes.

Agenda Items

2. Amendments to the Hawke's Bay CDEM Group Plan: Controller and Recovery Manager Appointments sought confirmation of the replacement of Malcolm Smith as a Napier City Council Local Controller Hawke’s Bay CDEM Group with Russell Bond.

3. Group Plan Review: Communications and Project Plan sought the Joint Committee’s approval for the approach to review the current Hawke's Bay CDEM Group Plan (2014-2019) as outlined in the Plan Review Communications and Project Plan, highlighting:

3.1. initial preparations to review the HB CDEM Group Plan commenced in 2020, however had to be delayed due to the COVID-19 and Napier Flood responses

3.2. the new iteration of the Group Plan will span 2022-2027

3.3. next steps in the review include holding the Hazard Risk Register workshop (28 April 2021) – ranks hazards according to likelihood and consequence of occurring so that risks with a high likelihood and high consequence can be given priority; and seeking direction from the HBRC Māori Committee (7 April 2021) as to the best approach for iwi and hapū engagement.

4. Hawke's Bay CDEM Group Draft Budgets 2021 Long Term Plan (LTP) sought the Committee’s endorsement of the proposed 2021-22 budgets as they currently move through HBRC’s 2021-31 LTP process, noting:

4.1. Additional costs budgeted within the existing budget limits include an additional $70,000 for rental of the GECC and additional operational expenditure related to satellite phone cost increases and software licencing for warning systems and emergency management information systems

4.2. Budgeted for a new staff resource in Lifelines and Recovery in Year 2 (2022-23) partially funded by an increase in the CDEM targeted rate and by a reallocation of the existing operational budget with the resource being funded from reserves and existing budgets in year 1

4.3. CDEM reserves will be rebuilt up to about $330,000 over the life of the LTP. This does not include the addition to the Reserve of any under expenditure that may occur. The purpose of this reserve is to fund operational response costs where this results in an overspend.

5. COVID-19 Resurgence Planning Update provided the Joint Committee with an update regarding COVID-19 Resurgence Planning as led by the Hawke’s Bay CDEM Group, highlighting:

5.1. Following consultation with regional response partners, the Hawke's Bay CDEM Group released the new version (v4.0) of the COVID-19 Regional Resurgence Plan on 9 March 2020

5.2. The purpose of the Hawke's Bay CDEM Regional Resurgence Plan is to record response arrangements and the shared understanding of regional response agency roles and responsibilities for a COVID-19 resurgence event in the Hawke’s Bay

5.3. Regional response arrangements for COVID-19 resurgence must remain agile with updates to national response arrangements, planning, and changes to the risk posed by the virus (e.g., variant strains)

5.4. Monthly resurgence planning meetings with members of the Emergency Services, TLA Local Controllers and MSD are held, focused on agency updates and coordinating more detailed planning by different agencies.

6. Hawke's Bay CDEM Group Financial Report 2020-21 to Feb 2021 informed the Committee of the status of the current CDEM Group budgets for 2020-21 for the first 7 months of the 2020-21 financial year, advising that a total under expenditure of $5,303 for this period is a positive result considering the Group had ongoing additional operational expenditure for the last 6 months of 2020 in relation to the COVID-19, drought and Napier floods.

7. Verbal Discussion on Tsunami Alert (5 March 2021) provided an update and future actions as a result of the Tsunami Alert following an earthquake event on 5 March 2021. A presentation made to the Joint Committee will be made to the Council meeting.

8. Verbal update from National Emergency Management Agency (NEMA) on NEMA’s current operations and activities, highlighting:

8.1. Changes coming to the Civil Defence Act, Civil Defence National Plan and the Roadmap with the National Resilience Strategy, including to iwi engagement and how iwi fits into plans and strategies as well as potential changes to the powers of Controllers.

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.

Recommendation

That Hawke’s Bay Regional Council receives and notes the “Report from the 22 March 2021 HB Civil Defence Emergency Management Group Joint Committee meeting”.

Authored by:

Annelie Roets

Governance Advisor

Leeanne Hooper

Team Leader Governance

Approved by:

Ian Macdonald

Group Manager/Controller

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 April 2021

Subject: Report from the 29 March 2021 Hawke's Bay Drinking Water Governance Joint Committee Meeting

Reason for Report

1. This item provides an overview of the matters discussed at the Hawke’s Bay Drinking Water Governance Joint Committee (HBDWGJC) meeting on 29 March 2021 for Council’s information alongside any additional commentary the HBRC representatives who attended the meeting may wish to add.

Agenda Items

2. The Further Submission on TANK Plan Change 9 Drinking Water Provisions item updated Committee members on a submission (attached) made on their behalf to TANK drinking water provisions in December 2020, resulting in the Joint Committee resolving:

2.1. Approves the further submission to TANK Plan Change 9 as lodged with the Hawke’s Bay Regional Council on 8 December 2020.

3. The Submission to the Water Services Bill item presented a submission (attached) initially prepared by a sub-group of the Hawke’s Bay Drinking Water Joint Working Group (JWG) which focussed on public health issues. Chair Garth Cowie and Dr Nick Jones presented the submission to the Health Select Committee on 22 March 2021, emphasising public health issues, rural community issues (including Marae) and other matters that had arisen since the submission date. The Chief Executive of Taumata Arowai has been invited to the next Joint Committee meeting on 2 July 2021. The Joint Committee resolved:

3.1. Endorses the submission on the Water Services Bill as lodged with the Health Select Committee on 2 March 2021 and supports the additional information provided to the Select Committee by Garth Cowie in person.

4. The Review of HB Drinking Water Governance Joint Committee Terms of Reference item proposed the review of the role and Terms of Reference for the Joint Committee. Discussions on the day covered whether a review was the right way to approach the issues, whether Taumata Arowai could be included, potential to widen the scope of the Joint Committee, and being aware of the HB CEs working in this same area. The Joint Committee resolved:

4.1. Agrees that the Terms of Reference for the HB Drinking Water Governance Joint Committee will be reviewed by a sub-committee comprising members of the Joint Working Group and Councillors Hinewai Ormsby and Nigel Simpson.

5. Drinking Water Joint Working Group Work Plan Update item sought agreement for changes to be made to the plan to align it with the review of the Terms of Reference being undertaken.

6. The Roundtable Verbal Organisational Updates item covered:

6.1. A Three Waters Reform Update from Toni Goodlass following on from a Department of Internal Affairs hui held on 11 March 2021 highlighting $110B cost estimate over 30 to 40-year period, and all Councils needing to decide, between September and December 2021, whether they wish to opt in or out of the reform process.

6.2. Cathy Bayley, Napier City Council, presented the findings of NCC’s Chlorine Free Review which examined Napier’s drinking water issues, highlighting:

6.2.1. Maintaining the status quo (chlorinated water) would cost approx. $200 M over 20 years

6.2.2. Upgrading the water system to an ideal solution would cost approx. $320 M over 20 years

6.2.3. Cast iron pipes are causing high leakage rates and will need to be replaced by 2030

6.2.4. Achieving a Chlorine Free water network is a major undertaking requiring a significant ongoing programme of waterpipe replacement and the introduction of water metering.

Decision Making Process

7. 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.

Recommendations

That Hawke’s Bay Regional Council receives and notes the “Report from the 29 March 2021 Hawke's Bay Drinking Water Governance Joint Committee Meeting”.

Authored by:

Peter Martin

Senior Governance Advisor

Leeanne Hooper

TEAM LEADER GOVERNANCE

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

1 ⇩	HB Drinking Water Governance Joint Committee - Further Submission to TANK Plan Change 9
2 ⇩	2 March 2020 HB Drinking Water Governance Joint Committee Submission to Water Services Bill

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 28 April 2021

Subject: Report from the 7 April 2021 Māori Committee Meeting

Reason for Report

1. This item provides a summary of discussions at the 7 April 2021 Māori Committee along with the opportunity for the Co-chairs to provide additional context to Council as they wish.

Agenda Items

2. The regular Take Ripoata Ā Takiwā – Taiwhenua Representatives' Updates covered:

2.1. The Wairoa Taiwhenua report highlighted the Māori Constituencies hui held on 29 March 2021 and subsequent distribution of 200 copies of the Consultation Document to the Community as well as advising that the NZ Māori Council will hold a submissions hui on RMA reform and Water Commission in Wairoa, the appointments by Tatau Tatau o Te Wairoa of Katarina Kawana, Michelle McIlroy and Elizabeth Palmer to sit on the Matangirau Reserves Board for a three-year term, and an update on Hinemihi Nursery.

2.2. The Te Taiwhenua o Tamatea report highlighted the launch of Ngā Ara Tipuna - Storytelling Trail on 6 February (a cultural and education treasure that will showcase the shared history and stories of the people of Tamatea/Central Hawke’s Bay) with construction work on Pukekaihau on track and potential for an official launch during Matariki 2021, the marae restoration of Te Whatuiāpiti Marae has started (the third of five CHB Marae being restored); notification that the Whatūma Management Group’s “Jobs for Nature” application has been shortlisted; and concerns raised about gravel extraction and water security.

2.3. The Te Whanganui-ā-Orotu report noted the state of Whitebait stands on the Ngaruroro River with a community meeting scheduled on 19 April and the presence of Dr Ashley Bloomfield at a recent hui.

2.4. The Te Taiwhenua o Te Heretaunga report raised concerns around the Regional Council’s Global consent application for Gravel Extraction, noted anticipation for the outcomes of the TANK Plan Change hearings and expressed their support for the establishment of Maori Constituencies for Hawke’s Bay.

3. The Whakatū Inland Port Development Presentation from Te Kaha Hawaikirangi and Tod Dawson outlined the consultation and work undertaken to date to establish the inland port. Napier Port is committed to undertaking thorough, transparent consultation with the Whakatū community and mana whenua and marae. Currently developing Cultural Impact and Community Impact assessments as well as draft consent applications for Stormwater and Earthworks. Visual effects drawings and all information will be publicly available on a dedicated “Inland Port” page on the Napier Port website.

4. Napier Port invited Māori Committee and Regional Planning Committee members to its Marine Cultural Health Programme launch at Te Ara o Tāwhaki Marae on 14 April.

5. The CDEM Tangata Whenua Engagement item sought advice from the Committee on the engagement of the Hawke’s Bay Civil Defence Emergency Management (CDEM) Group with tangata whenua on the review of the 5 year Group Plan and provided an opportunity for a wider discussion about how CDEM can better engage and partner with tangata whenua in the future.

6. The Verbal eDNA Water Sampling Presentation by Daniel Fake, Freshwater Ecologist, presented a new tool for biodiversity assessment (eDNA) and methods used to detect DNA in an aquatic environment.

7. The Whakakī Catchment Pilot Project Case Studies and Findings item provided an update and key findings of the Whakakī Catchment Pilot Project which concluded in February 2021.

8. The Reports from Regional Council and Committee Meetings provided an update from recent meetings attended by the Committee Co-chairs and representatives on Council committees during March.

9. The Significant Organisational Activities Looking Forward through April 2021 item highlighted significant areas of Council activity as provided to the 24 February 2021 Regional Council meeting.

Decision Making Process

10. 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 the 7 April 2021 Māori Committee Meeting”

Authored by:

Annelie Roets

Governance Advisor

Leeanne Hooper

TEAM LEADER GOVERNANCE

Approved by:

Pieri Munro

Te Pou Whakarae

Attachment/s

There are no attachments for this report.

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