Minutes of Regional Council Meeting - Wednesday, 26 May 2021

1. Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone and Councillor Charles Lambert led the group in offering a karakia to open the meeting.

Resolution

RC24/21 That the apology for absence from Councillor Hinewai Ormsby and for departure at 3pm from Councillor Neil Kirton, and notice of Leave of Absence for the month of July from Mike Paku be accepted.

van Beek/Williams

CARRIED

2. Conflict of Interest Declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Regional Council meetings held on 28 April 2021 and 17 May 2021

Resolution

RC25/21 Minutes of the Regional Council meeting held on Wednesday, 28 April 2021, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Barker/van Beek

CARRIED

Resolution

RC26/21 Minutes of the Regional Council meeting held on Monday, 17 May 2021, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Barker/van Beek

CARRIED

Call for Minor Items Not on the Agenda

Recommendation

That Hawke’s Bay Regional Council accepts the following “Minor Items Not on the Agenda” for discussion as Item 24.

Topic	Raised by
First clean air community in Hawke’s Bay	Cr van Beek
Book review	Cr Williams
Land use	Cr Barker

2021-31 Long Term Plan Process Leading to Adoption

Desiree Cull introduced the item, which was taken as read, outlining the process of consultation, associated tools, submissions received and hearing verbal submissions leading to deliberations today ahead of Council adopting the LTP on 30 June.

In response to a query, James Palmer advised that future ‘resident surveys’ will ask respondents which constituency they reside in so that the data can be reported in the same way as the LTP submissions.

Councillors acknowledged the efforts of submitters to participate in the process whereby Council is able to make the decisions required well informed of the public’s views, and the work of staff to bring the submissions into the decision making process through the deliberation reports.

RC27/21

Resolution

That Hawke’s Bay Regional Council receives and notes the “2021-31 Long Term Plan Submissions Hearing Process” staff report.

Williams/Kirton

CARRIED

Right Tree Right Place

James Palmer introduced the item, noting that the majority of submitters supported Council’s preferred option with discussions highlighting:

· Key reason for project is stopping sediment getting into waterways and should be reported

· Worth of clearly stating the intention that the Council’s project expenditure will be fully recovered if the pilot is successful.

RC28/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Right Tree Right Place deliberation report.

2. Agrees that the decision to be made is significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council has adequately consulted with the community or persons likely to have an interest in the decision .

3. Agrees to fund the development and pilot of Right Tree Right Place paid for through Reserves as consulted on through the “Time to Act – Kia Rite! 2021-31” consultation document for the 2021-2031 Long Term Plan, subject to effectiveness monitoring and reporting of sediment mitigation.

4. Investigates mechanisms to enable full recovery of HBRC funds invested into the pilot, if the pilot is deemed successful.

Foss/van Beek

CARRIED

Future Water Use

The item was taken as read.

RC29/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Future Water Use deliberation report.

3. Agrees to put aside $1 million over 3 years from Reserves to work with water users to drive more efficient and effective use to complement water storage as consulted on through the “Time to Act – Kia Rite! 2021-31” consultation document for the 2021-2031 Long Term Plan.

Kirton/Barker

CARRIED

Upper Tukituki Gravel

The item was taken as read, with discussion covering:

· In response to a query, Chris Dolley advised that a full Rates review process (taking 2 years) will be undertaken ahead of the next Long Term Plan process and has been budgeted with specific resourcing in this LTP. There may be an opportunity to separate the Upper Tukituki portion for earlier investigation however staff prefer to review the whole to avoid additional complexities.

· Clarification that operating and maintenance budgets are paid for by Rates, and that the costs of gravel extraction are covered by extractors. The Government funding for this project can only be spent on gravel extraction as required by the contract.

· Tangata whenua do not support gravel extraction and Council needs to keep that in mind

· Need to be clear and communicate plans and expectations with the community, and particularly tangata whenua.

· A request was made for a future report about different flood protection scheme models.

RC30/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the “Upper Tukituki Gravel” staff deliberations report.

3. Agrees to invest $2.54 million in years 1 and 2 to remove the gravel build-up from the upper Tukituki River and unlock a $4.51 million grant from Government as consulted on through the “Time to Act – Kia Rite! consultation document for the 2021-2031 Long Term Plan.

Foley/Barker

CARRIED

Clive River Dredging

Chris Dolley introduced the item, which was taken as read, clarifying that the dredging is undertaken for recreational purposes and to offset the effects of the historic diversion of the river by the Catchment Board, and not required for flood protection. Discussions covered:

· Good level of support from submissions for Council’s preferred option to dredge up to Kohupatiki Marae and disposal of the dredge material to land

· Some excavation carried out adjacent to the marae several years ago

· Primary focus of the Karamu flood protection scheme is currently on consenting all the pump stations

· Real issue and source of the problem is sediment and need to stop it entering the waterway in the headwaters of the catchment to prevent re-sedimentation

· Tangata whenua very clear that they want dredging to extend to the marae for cultural reasons and to enable waka to be able to travel to and launch from the marae.

RC31/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Clive River Dredging staff deliberations report.

3. Agrees to fund the Clive River Dredging up to the rowing club and pump sediment onto land as consulted on through the “Time to Act – Kia Rite! 2021-31” Consultation Document for the 2021-2031 Long Term Plan.

van Beek/Kirton

Barker Against

CARRIED 5:3

10.

Ahuriri Regional Park

Chris Dolley introduced the item, which drew a significant response from submitters.

Councillor Hinewai Ormsby joined the meeting at 11.58am

· Not a lot of details on what the Park would actually look like as this was more about intent

· Significant piece of work to engage with all associated parties to develop the project plan and vision

· Clear theme of submissions that pollution at source needs to be addressed and primary function of the estuary for biodiversity must be protected

RC32/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Ahuriri Regional Park deliberations report.

3. Agrees to fund the Ahuriri Regional Park with Napier City Council as consulted on through the “Time to Act – Kia Rite! 2021-31” consultation document for the 2021-2031 Long Term Plan.

Ormsby/Williams

CARRIED

11.

On-Demand Public Transport

Katrina Brunton introduced the item, advising communication with users about how the service works will be key to whether it is successful, as proven in Timaru.

RC33/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the On-demand Public Transport staff deliberations report.

3. Agrees to fund the pilot of On-demand Public Transport paid for through targeted rates to replace Hastings bus routes 16A, 16B and 17; and if successful introduce it to Napier.

Williams/Kirton

CARRIED

12.

Section 36 Charges – Freshwater Science and Monitoring Cost Recovery Charges

Jessica Ellerm introduced the item, which was taken as read, having consulted directly with the consent holders subject to the charges. In response to a query, Katrina Brunton advised there will be an opportunity next year to review the private benefit proportion of the charges for discharge consents, which is currently 35%, as part of the Rates review. There was a request for water use data showing the actual use in relation to the amounts allocated.

RC34/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Section 36 Charges – Freshwater Science and Monitoring Cost Recovery Charges deliberations report.

3. Agrees to amend the Section 36 Charges – Freshwater Science and Monitoring Cost Recovery Charges in response to consultation submissions, in respect of:

3.1. Adding additional discharge consent scale categories to give nine in total, consisting of three categories each within the groupings of small, medium and large.

Foley/van Beek

CARRIED

13.

Submissions Requesting Financial Assistance / Grants

Jessica Ellerm introduced the item, which covers four requests for funding. Discussions traversed:

· In response to a query, it was clarified that current Enviroschools funding is for resourcing kindergarten and primary schools, while the additional funding is to work with Secondary schools to meet increased demand.

· Moral case to support Cranford Hospice, however providing health services is not a core Council function and even consulting incurs costs for ratepayers

RC35/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Submissions Requesting Financial Assistance / Grants deliberations report.

Graham/Williams

CARRIED

2. Agrees to consult on a donation to the Cranford Hospice as part of the FY22-23 Annual Plan, and make no change to the 2021-2031 Long Term Plan in relation to the submission from Cranford Hospice (#690).

Graham/Williams

For: Barker, Lambert, Williams, Graham

Against: Foley, Ormsby, Foss, Kirton

Abstained: van Beek

LOST

3. Agrees to additional $40,000 – $50,000 per annum for a 0.5 FTE resource to increase capacity and capability within the Enviroschools programme to achieve greater reach across secondary schools aged children and amends the 2021-2031 Long Term Plan accordingly.

Barker/Ormsby

CARRIED

4. Declines the application from Maungaharuru-Tangitū Trust (#782) for funding and makes no change to the 2021-2031 Long Term Plan.

5. Declines the request from the Hawke’s Bay District Health Board (#687) for funding and makes no change to the 2021-2031 Long Term Plan.

Barker/Kirton

CARRIED

14.

Staff Internal Submission to the 2021-31 Long Term Plan

The item was taken as read.

RC36/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Staff Internal Submissions to the 2021-31 Long Term Plan staff report.

2. 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.

3. Agrees to the inclusion of funding as proposed by staff for:

3.1. Representation review

3.2. Election costs

3.3. GIS support for Policy

3.4. HB Biodiversity Trust

3.5. Provincial Development Unit feasibility study investment

3.6. Living Wage for Passenger Transport

3.7. S36 additional charges for Asset Management

3.8. Inflation on Works Group charges.

Barker/Kirton

CARRIED

The meeting adjourned at 12.57pm and reconvened at 1.30pm with Apiata Tapine absent.

15.

30-Year Infrastructure Strategy and the Asset Management Group of Activities

Chris Dolley introduced the item, with discussions covering:

· Staff recommend that funding for the Wairoa Regional Park is brought forward 2 years, from year 5 to year 3

· Te Karamu project and the faecal source tracking initiative update to be provided to a future Environment and Integrated Catchments Committee meeting. Potential to replicate Napier urban water quality monitoring investigations in Karamu.

· Modern philosophy of ‘give rivers room’ is being considered however will come with significant costs associated with land acquisition and decommissioning stopbanks.

RC37/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Infrastructure Strategy and Asset Management Group of Activities deliberations report.

3. Agrees to bring forward the funding for the Wairoa Regional Park to commence in the 2023-24 financial year.

4. Makes no changes to the 30-year Infrastructure Strategy as consulted on in the 2021-2031 Long Term Plan other than the change to bring forward funding for the Wairoa Regional Park.

Kirton/Lambert

CARRIED

16.

Integrated Catchment Management

The item was taken as read.

RC38/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Integrated Catchment Management Group of Activities deliberations report.

3. Receives the submissions related to Integrated Catchment Management Group of Activities and makes no change to the 2021-31 Long Term Plan.

Williams/Barker

CARRIED

17.

Other Matters

Desiree Cull introduced the item, which covers points raised in submissions on topics that were not a key consultation topic or covered in another deliberations report. Other matters include submissions received on the proposed Significance and Engagement Policy that was consulted on concurrently with the Long Term Plan.

Councillor Martin Williams left the meeting at 1.54pm

RC39/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the “Other Matters” staff deliberations report.

2. Agrees that a decision be made to amend the Significance and Engagement Policy, and that Council has adequately consulted with the community or persons likely to have an interest in the decision.

3. Agrees to include an additional criteria for significance in the Significance and Engagement Policy to mirror the Local Government Act provisions related to “How much do the principles of the Treaty of Waitangi impact on the decision”.

4. Agrees that the revised Significance and Engagement Policy as consulted on concurrently with the 2021-20312 Long Term Plan, subject to the incorporation of changes agreed at the 26 May 2021 Regional Council meeting, will be adopted on 30 June 2021.

Barker/Kirton

CARRIED

Councillor Rick Barker left the meeting at 1.56pm

18.

Financial Strategy and Funding Policies

Bronda Smith introduced the item, providing an overview of related submission points raised.

· Budget adjustments include the additional funding as requested by the staff submission and #626 (EnviroSchools, Sonya Sedgwick)

· Choices are to either add the additional funding into the rates increase or to increase borrowing to pay that and leave the rates at the same level as proposed for consultation.

Councillor Rick Barker rejoined the meeting at 2.04pm

· In relation to the Napier Port submission, Katrina Brunton advised that figures the Port referenced in their verbal submission on 17 May were incorrect and staff have subsequently been communicating with the Port and will recommend a fixed charge.

RC40/21

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Financial Strategy and Funding Policies deliberations report.

3. Receives the submissions related to Financial Strategy and Funding Policies and makes no change to the 2021-31 Long Term Plan.

4. Receives the submissions related to the Fees and Charges Schedule and amends the Fees for Napier Port to a flat fee structure to be 60% of the budgeted cost of Harbourmaster functions, amended year on year through the Annual Plan and notified to Napier Port as part of the Annual Plan process.

5. Holds rates at the level consulted on for the first 3 years of the 2021-31 Long Term Plan and increases borrowing to smooth rates based on requirements, to be repaid by the end of the 10 years of the plan.

Foss/Graham

CARRIED

19.

Affixing of the Common Seal

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

Staff Warrants

1.1.1 C. White

(Delegations under Resource Management Act 1991 (Section 34A(1) and 38(1); Local Government Act 2002 (section 177); Building Act 2004 (Section 371B); and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (Clauses 32(1) and 32B Schedule 7))

1.1.2 T. Jones

(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))

1.1.3 R. Johnson

T. Cowan

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

1.1.4 S. Ali

(Delegations under the Maritime Transport Amendment Act 1994 (Sections 33D, 33G and 318(1); Section 38 of the Resource Management Act 1991; Sections 171, 172 and 174 of the Local Government Act 2002)

4451

4450

4452

4453

4449

10 May 2021

6 May 2021

11 May 2021

29 April 2021

RC41/21

Resolutions

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.

Barker/van Beek

CARRIED

20.

Report and Recommendations from the 12 May 2021 Environment and Integrated Catchments Committee Meeting

Councillor Hinewai Ormsby introduced the item, which was taken as read.

RC42/21

Resolutions

The Environment and Integrated Catchments Committee recommends that Hawke’s Bay Regional Council:

1. Receives and considers the “Report and Recommendations from the 12 May 2021 Environment and Integrated Catchments Committee”.

2. 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 these items without conferring directly with the community or persons likely to have an interest in them.

Review and Recommendations of the Hawke’s Bay Possum Control Area Programme

3. Instructs staff to develop a proposal, under section 70 of the Biosecurity Act 1993, that includes an analysis of the costs, benefits, performance monitoring and funding models for a contractor-based model for possum management in Hawke’s Bay for consideration and potential adoption for public consultation.

Reports Received

4. Notes that the following reports were provided to the Environment and Integrated Catchments Committee

4.1. OSPRI update on Hawke’s Bay TB Response

4.2. Proposed Environmental Projects Overview Tool

4.3. Erosion Control Scheme – Update on Systems and Forecasts

4.4. Napier Open Waterways Water Quality

4.5. Update on IRG Flood Control Resilience Funded Projects

4.6. Water Efficiency Update

4.7. Whakakī Catchment Pilot Project Case Studies and Findings

4.8. Urban Biodiversity Presentation by Dr Bruce Clarkson

4.9. Ahuriri Estuary Stocktake.

Ormsby/Barker

CARRIED

21.

Report and Recommendations from 19 May 2021 Corporate and Strategic Committee Meeting

Councillor Neil Kirton introduced the item, which was taken as read.

RC43/21

Resolutions

The Corporate and Strategic Committee recommends that Hawke’s Bay Regional Council:

1. Receives and considers the “Report and Recommendations from the 19 May 2021 Corporate and Strategic Committee”.

2. 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 these items without conferring directly with the community or persons likely to have an interest in them.

Report & Recommendations from the 5 May 2021 Finance Audit and Risk Sub-Committee Meeting

3. Adopts the Internal Assurance Framework and the Internal Assurance Implementation Plan (attached) as proposed.

Appointment of the Independent Member of the FARS

4. Initiates the process following for the recruitment and appointment of an Independent member of the Finance, Audit and Risk Sub-committee:

4.1. Chief Executive to seek expressions of interest from suitably qualified candidates

4.2. FARS councillor members to assess Expressions of Interest received and determine a shortlist of candidates for interview

4.3. FARS Chair, the Chair of Corporate & Strategic Committee, Te Pou Whakarae and GM Corporate Services to undertake interviews of the shortlisted candidates, after which the FARS will recommend the appointment of the preferred candidate to Council.

Reports Received

5. Notes that the following reports were provided to the Corporate and Strategic Committee

5.1. HBRC Investment Strategy and Treasury Policy (to 30 June HBRC for adoption)

5.2. 2020-21 Quarter 3 (1 January - 31 March 2021) Financial Report

5.3. Organisational Performance Report for period 1 January to 31 March 2021

5.4. LTP IT Work Programme Delivery

5.5. HBRIC Quarterly Update

5.6. Hawke's Bay Tourism Six-monthly Update.

Kirton/Foss

CARRIED

22.

Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Councillor Jerf van Beek introduced the item, advising the upcoming meeting of the Joint Committee will receive the report from QC Raynor Asher.

RC44/21

Resolution

That Hawke’s Bay Regional Council receives and notes the “Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee”

van Beek/Barker

CARRIED

Martin Williams re-joined the meeting at 2.16pm

25.

Report & Recommendations from the 14 May 2021 Regional Transport Committee Meeting

Martin Williams introduced the item, advising the process to develop the Regional Land Transport Plan started early in 2019, outlining how the Plan had been updated in response to submissions and noting the new RLTP elevates Climate Change to an overriding consideration.

RC45/21

Resolutions

1. That Hawke’s Bay Regional Council receives and notes the “Report and Recommendations from the 14 May 2021 Regional Transport Committee Meeting”

2. Adopts the Hawke’s Bay Regional Land Transport Plan 2021-2031, and lodges the Plan with Waka Kotahi (NZTA).

Williams/Lambert

CARRIED

24.

Discussion of Minor Items Not on the Agenda

Topic	Raised by
Book review – as a tribute to his father John Williams and Robyn Gwynn, recommends that everyone reads “A Life on Our Planet” by David Attenborough. There are challenging and daunting statistics in the book and biodiversity should be run through the indigenous matauranga Māori lens and get down to the business of responding to the climate crisis in a profound and compelling way.	Cr Martin Williams
Councillor Martin Williams left the meeting at 2.33pm
First clean air community in HB – met with Sherylle in Omahu after she spoke to her submission on Māori constituencies. Met to listen to the concerns of the community in relation to health effects of air quality, particularly agricultural sprays and spraydrift. Subsequently, yesterday, met with growers around the marae and have agreed to a “clean air” vision and plan for the community.	Cr Jerf van Beek
Land use – has noticed more houses creeping across the productive soils of the Heretaunga Plains and would like a report from HPUDS & HB Leaders Forum about a change to building up instead of spreading out.	Cr Rick Barker
Went along to the Wairoa Long Term Plan consultation meeting and was asked about the Paeroa flood scheme and would like to find out from staff how the scheme works and is funded.	Cr Charles Lambert

23.	Councillor's Reports from May 2021 Meetings of Outside Bodies
	There were no reports.

26.

FoodEast Director Appointment

RC46/21

Resolution

That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 26 FoodEast Director Appointment 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
FoodEast Director Appointment	s7(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.

Kirton/Barker

CARRIED

The meeting went into public excluded session at 2.40pm and out of public excluded session at 2.45pm

Councillor Charles Lambert offered a karakia to close the meeting.

Closure:

There being no further business the Chairman declared the meeting closed at 2.45pm on Wednesday, 26 May 2021.

Signed as a true and correct record.

DATE: ................................................ CHAIR: ...............................................