Meeting of the Hawke's Bay Regional Council

 

Date:                 Wednesday 30 June 2021

Time:                11.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street, NAPIER

 

Agenda

 

Item        Title                                                                                                                            Page

 

1.         Welcome/Karakia/Apologies/Notices

2.         Conflict of Interest Declarations

3.         Confirmation of Minutes of the Regional Council meetings held on 19 May and 26 May 2021

Rex Graham Farewell

4.         Follow-ups from Previous Regional Council Meetings                                                 3

5.         Call for Minor Items Not on the Agenda                                                                        9

Decision Items

6.         Election of Chairperson                                                                                               11

7.         Election of Deputy Chairperson                                                                                  15

8.         Adoption of the HBRC 2021-2031 Long Term Plan                                                   19

9.         HBRIC Statement of Intent                                                                                          27

10.       Report and Recommendations from the 23 June 2021 Hearings Committee Meeting 41

11.       Hastings Constituency By-election                                                                             71

12.       2021 Representation Review                                                                                      75

13.       Local Government New Zealand Annual General Meeting                                        87

14.       Affixing of the Common Seal                                                                                      89

Information or Performance Monitoring

15.       Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee                                                                                                                                     91

16.       Report from the 9 June 2021 Māori Committee Meeting                                           95

17.       Report from 23 June 2021 Environment and Integrated Catchments Committee Meeting                                                                                                                                     97

18.       Significant Organisational Activities Looking Forward through July 2021                101

19.       Councillors' Reports from June 2021 Meetings of Outside Bodies                          107

20.       Discussion of Minor Items not on the Agenda                                                          109

Decision Items (Public Excluded)

21.       Confirmation of Public Excluded Minutes of the Regional Council Meeting held on 26 May 2021                                                                                                                   111

22.       2021 FY Section 36 Charges Transition                                                                   113


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Follow-ups 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 reported to Council they will be removed from the list.

2.      Also attached is a list of LGOIMA requests that have been received between 22 April and 23 June 2021.

Decision Making Process

3.      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 “Follow-up Items from Previous Regional Council Meetings”.

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

Desiree Cull

Strategy and Governance Manager

 

 

Attachment/s

1

Followups for June 2021 Council mtg

 

 

  


Followups for June 2021 Council mtg

Attachment 1

 

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HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Call for Minor Items Not on the Agenda

 

Reason for Report

1.      This item provides the means for councillors to raise minor matters relating to the general business of the meeting they wish to bring to the attention of the meeting.

2.      Hawke’s Bay Regional Council standing order 9.13 states:

2.1.   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

3.      That Council accepts the following “Minor Items Not on the Agenda” for discussion as Item 20.

Topic

Raised by

 

 

 

 

 

 

 

 

Leeanne Hooper

GOVERNANCE TEAM LEADER

James Palmer

CHIEF EXECUTIVE

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

SUBJECT: Election of Chairperson

 

Reason for Report

1.      This item provides the means for the election of the Chairperson as required by the Local Government Act 2002 (LGA) Schedule 7.

Officers’ Recommendations

2.      Officers recommend that System B is resolved for this election.

Executive Summary

3.      The LGA prescribes the voting requirements for the election of the Chairperson, including that Council’s choice of voting system to be used must be determined by resolution. This means that Council needs to resolve the system of voting before the election of the Chair can take place.

Background

4.      The Chief Executive is required to call for nominations for election to the office of Chairperson as outlined in LGA Schedule 7, clause 21. If a vote is required the Chief Executive must follow the provisions of clause 25, which states:

Section 24(3)

“An act or question coming before the local authority must be done or decided by open voting.”

Section 25

“Voting systems for certain appointments—

(1)     This clause applies to—

(a)   the election of the chairperson and deputy chairperson of a regional council; and

(b)   ….

(c)   the election of the chairperson and deputy chairperson of a committee; and

(2)     If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected by using one of the following systems of voting:—

(a)   the voting system in subclause (3) (system A):

(b)   the voting system in subclause (4) (system B).

(3)     System A —

(a)   requires that a person is elected if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b)   has the following characteristics:—

(i)      there is a first round of voting for all candidates; and

(ii)     if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)     if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)    in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4)     System B —

(a)   requires that a person is elected if he or she receives more votes than any other candidate; and

(b)   has the following characteristics:

(i)      there is only 1 round of voting; and

(ii)     if 2 or more candidates tie for the most votes, the tie is resolved by lot.”

Options Assessment

5.      If System A is adopted the actual vote will be conducted as follows.

5.1.   Nominations for the position of Chairperson will be called for, which must be supported by a seconder (being a different person). A Councillor may nominate or second themselves, and may also nominate more than one person.

5.2.   Once the call for nominations results in no further nominees, nominations will be closed.

5.3.   Each nominee may then be allowed a period of up to 10 minutes to make a presentation.

5.4.   The first round of voting will then be undertaken by show of hands and with only one vote per Councillor (i.e. 8 in total).

5.5.   If there are three or more nominees and a majority of Councillors (i.e. 5) does not support one nominee then the candidate with the fewest votes will be excluded from the next round.

5.6.   If 2 or more candidates tie for the lowest number of votes, the person excluded from the next round will be resolved by lot. In this instance the names of the 2 candidates will be placed in a suitable container and the Council’s Electoral Officer will draw a name from the container and this person will be excluded from the next round.

5.7.   A second and further round(s) of voting will be conducted if necessary in the same way as described above.

6.      If System B is adopted the actual vote will be conducted as follows.

6.1.   Nominations for the position of Chairperson will be called for, which must be supported by a seconder (being a different person).  A Councillor may nominate or second themselves, and may also nominate more than one person.

6.2.   Once the call for nominations results in no further nominees, nominations will be closed.

6.3.   Each nominee may then be allowed a period of up to 10 minutes to make a presentation.

6.4.   The only round of voting will then be undertaken by show of hands and with only one vote per Councillor (i.e. 8 in total).

6.5.   If 2 or more candidates tie for the most votes, the tie is resolved by lot and the remaining candidate will be declared to be the Chairperson.


 

Decision Making Process

7.      The election of the chairperson is specifically provided for under Schedule 7, Part 1, Sections 21 and 25 of the Local Government Act 2002.

 

Recommendations

That Hawke’s Bay Regional Council:

1.      Resolves to adopt voting system A or B for the election of the Chairperson of Council as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.

2.      Confirms that in the case of determination by lot the method used shall be for the Electoral Officer of Council (Leeanne Hooper) to draw the name of the person to be excluded from a suitable container with the Group Manager Corporate Services acting as scrutineer during this process.

3.      Councillor _____________________ nominated by Councillor _____________ and seconded by _________________

4.      Councillor _____________________ nominated by Councillor _____________ and seconded by _________________

5.      Councillor _____________________ nominated by Councillor _____________ and seconded by _________________

6.      Result of first round of voting ___________________

7.      Result of second round of voting _______________ (if system A used)

8.      Councillor _________________ declared elected as Chairperson of Hawke’s Bay Regional Council.

9.      Councillor _______________________ makes his/her oral declaration and attests their written declaration.

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

SUBJECT: Election of Deputy Chairperson

 

Reason for Report

1.      This item provides the means for the election of the Deputy Chairperson as required by the Local Government Act 2002 (LGA) Schedule 7.

Officers’ Recommendations

2.      Council Officers recommend that System B is resolved for this election due to its simplicity.

Executive Summary

3.      The LGA prescribes the voting requirements for the election of the Deputy Chairperson, including that Council’s choice of voting system to be used must be determined by resolution. This means that Council needs to resolve the system of voting before the election of the Deputy Chair can take place.

Background

4.      The Chief Executive is required to call for nominations for election to the office of Deputy Chairperson as outlined in LGA Schedule 7, clause 21. If a vote is required the Chief Executive must follow the provisions of clause 25, which states:

Section 25

“Voting systems for certain appointments—

(1)     This clause applies to—

(a)   the election of the chairperson and deputy chairperson of a regional council; and

(b)   ….

(c)   the election of the chairperson and deputy chairperson of a committee; and

(2)     If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected by using one of the following systems of voting:—

(a)   the voting system in subclause (3) (`system A'):

(b)   the voting system in subclause (4) (`system B').

(3)     System A —

(a)   requires that a person is elected if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b)   has the following characteristics:—

(i)      there is a first round of voting for all candidates; and

(ii)     if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)     if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)    in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4)     System B —

(a)   requires that a person is elected if he or she receives more votes than any other candidate; and

(b)   has the following characteristics:

(i)      there is only 1 round of voting; and

(ii)     if 2 or more candidates tie for the most votes, the tie is resolved by lot.”

Options Assessment

5.      If System A is adopted the actual vote will be conducted as follows.

5.1.   Nominations for the position of Deputy Chairperson will be called for, which must be supported by a seconder (being a different person). A Councillor may nominate or second themselves, and may also nominate more than one person.

5.2.   Once the call for nominations results in no further nominees, nominations will be closed.

5.3.   The first round of voting will then be undertaken by show of hands and with only one vote per Councillor (i.e. 8 in total).

5.4.   If there are three or more nominees and a majority of Councillors (i.e. 5) does not support one nominee then the candidate with the fewest votes will be excluded from the next round.

5.5.   If 2 or more candidates tie for the lowest number of votes, the person excluded from the next round will be resolved by lot.  In this instance the names of the 2 candidates will be placed in a suitable container and the Council’s Electoral Officer will draw a name from the container and this person will be excluded from the next round.

5.6.   A second and further round(s) of voting will be conducted if necessary in the same way as described above.

6.      If System B is adopted the actual vote will be conducted as follows.

6.1.   Nominations for the position of Deputy Chairperson will be called for, which must be supported by a seconder (being a different person).  A Councillor may nominate or second themselves, and may also nominate more than one person.

6.2.   Once the call for nominations results in no further nominees, nominations will be closed.

6.3.   The only round of voting will then be undertaken by show of hands and with only one vote per Councillor (i.e. 8 in total).

6.4.   If 2 or more candidates tie for the most votes, the tie is resolved by lot and the remaining candidate will be declared to be the Deputy Chairperson.

Decision Making Process

The election of the Deputy Chairperson is specifically provided for under Schedule 7, Part 1, Sections 21 and 25 of the Local Government Act 2002.

 

Recommendations

That Hawke’s Bay Regional Council:

1.      Resolves to adopt voting system A or B for the election of the Deputy Chairperson of Council as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.

2.      Confirms that, in the case of determination by lot, the method used shall be for the Electoral Officer of Council (Leeanne Hooper) to draw the name of the person to be excluded from a suitable container with the Group Manager Corporate Services acting as scrutineer during this process.

3.      Councillor _____________ nominated by Councillor ____________, seconded by Councillor _________________

4.      Councillor _____________ nominated by Councillor ____________, seconded by Councillor _________________

5.      _____ votes for _____________ and ____ votes for _______________

6.      Councillor _____________________ declared elected as Deputy Chairperson of Hawke’s Bay Regional Council.

 

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Adoption of the HBRC 2021-2031 Long Term Plan

 

Reason for Report

1.      This report presents the 2021-2031 Long Term Plan (LTP) for adoption by Council as required by the Local Government Act 2002. 

2.      The statutory deadline to adopt an audited LTP is on or before 30 June 2021.

Background

3.      On 24 March 2021, the Hawke’s Bay Regional Council (Council or HBRC) adopted “Time to Act – Kia Rite! 2021-2031” the Consultation Document (CD) for the 2021-2031 Long Term Plan and supporting information for consultation.

4.      A comprehensive engagement process was undertaken to seek the views of the community. Formal consultation was held from 1 April to 2 May 2021. A total of 791 (including 30 late submissions) were received, compared to 596 three years ago. 35 verbal submissions were heard on 17 May 2021.

5.      The Council deliberated on all submissions on 26 May 2021.  Deliberation reports were written by topic; one for each of the six consultation topics plus a further seven to cover the remaining areas in the Long Term Plan and all submissions received.

Key decisions made at deliberations

6.      At the deliberations meeting on 26 May 2021, Council agreed to the preferred option as consulted on, for five of the six consultation topics being:

6.1.      Right Tree Right Place – to fund $2.1 million (operating) from reserves and $2.6 million (capital) from recipients for the pilot, subject to effectiveness monitoring and reporting of sediment mitigation. Council also resolved to investigate mechanisms to enable full recovery of HBRC funds invested into the pilot, if the pilot is deemed successful. 

6.2.      Future water use - 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.

6.3.      Upper Tukituki gravel – to invest $2.5 million in years 1 and 2 to remove the gravel build-up from the upper Tukituki River and unlock a $4.5 million grant from central government.

6.4.      Ahuriri Regional Park - to fund $1.2 million in year 3 (2023-24) and $9 million over years 4-10 for the development of Ahuriri Regional Park with Napier City Council in the upper Ahuriri estuary.

6.5.      On-demand public transport - to fund the pilot of on-demand public transport in Hastings and Napier, paid for through targeted rates at a total cost of $6.8 million over 10 years if successful.

7.      Clive River dredging 2030 – Council approved the option to fund dredging up as far as the rowing club in Clive and pump sediment onto land (rather than the current practice to dispose to sea). Council felt that the additional cost to dredge up to the Kohupātiki Marae, which was the preferred option consulted on, was better spent on preventative measures to reduce the sediment entering the waterway for a longer-term solution.

8.      Wairoa Regional Park – Council agreed to change its 30-year Infrastructure Strategy as consulted on to bring forward funding of $580,000 from year 5 to year 3 to consult on and develop a regional park along the Wairoa River as previously planned in 2017. The park will be developed in collaboration with the Wairoa District Council and the Matangairau Reserves Board.

9.      Annual freshwater science charges – After comparison to other councils’ annual science and monitoring schedules Council agreed with submitters that our proposed four categories for discharge consents were too generalised and introduced five additional bands to give nine in total, consisting of three categories each within the groupings of small, medium and large. With the exception of this change, the Council agreed the proposed changes as consulted on.

10.    Fees and Charges – Council agreed to amend the fees for Napier Port to a flat fee structure of 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. With the exception of this change, the Council agreed the Fees and Charges Schedule as consulted on.

11.    Financial Strategy – once all impacts were aggregated Council resolved to adjust its Financial Strategy to hold rates at the level consulted on for the first 3 years of the 2021-31 Long Term Plan.  This requires slightly increased borrowing to smooth rates based on funding requirements, to be repaid by the end of the 10 years of the plan. Council made no other changes to the Financial strategy as consulted on. Key aspects of the strategy include:

11.1.    An increase in debt limit (Net Debt/Total Revenue) from 150% to 175% in line with LGFA policy covenants

11.2.    Increased rates as a percentage of revenue, from 50% to 60% to reduce reliance on investment income

11.3.    Building an investment equalisation reserve of $10m by the end of the 2021-31 LTP

11.4.    Borrowing to fund operational costs to balance the rating impact in order to fund an accelerated work programme

11.5.    HBRIC mandated to grow its investment portfolio.

12.    The package of initiatives in the Long Term Plan equated to a 19.5% rates increase in year 1 (2021-22), 15.0% in year 2 and 14.5% in year 3.  The year 1 total rate increase of 19.5% is the result of deferring last year’s rate increase of 7.3%, the cost of borrowing to cover the shortfall in revenue in 2020-21 of 1.2% due to COVID-19 and this year’s rate increase of 11%.

Concurrent consultation on policies

13.    Council concurrently consulted on two draft policies that were reviewed as part of the Long Term Plan development. 

14.    Revenue and Financing Policy - At the submission deliberations meeting on 26 May 2021, the Council made no changes to the draft Policy as consulted on. Under Schedule 10 (10) of the Local Government Act 2002, an LTP must include the already adopted Revenue and Financing Policy.

15.    Significance and Engagement Policy – As a result of submissions the Council made one change to the Policy as consulted on, which was to include a Treaty of Waitangi related criteria for significance.

16.    Both these policies are included in full in the final LTP document.

17.    This paper seeks a resolution of Council to adopt these policies prior to adopting the 2021-2031 Long Term Plan.

New content

18.    The information contained in the final LTP is largely the same as the previously adopted supporting information for consultation but consolidated into a single document and updated for recent decisions.

19.    Similar to the previous LTP, the document has bilingual headings (English and Te Reo) and a message from the Co-Chairs of the Māori Committee following directly after the message from the Chair and Chief Executive.

20.    The cover and graphics throughout the document match the imagery used in the Consultation Document.

21.    New material not previously seen by Council includes:

21.1.    the Key Decisions section outlining the public consultation undertaken and the resulting decisions (page 16)

21.2.    updated Financials based on the key decisions (page 148)

21.3.    inclusion of Māori Constituencies in the Statement on fostering contributions to decision-making by Māori (page 10)

21.4.    inclusion of the two new CCTOs for the establishment of FoodEast in the Statement on Council Controlled Organisations (page 296).

22.    It also includes the Funding Impact Statements (page 181) that were not included in the supporting information for consultation but have been finalised since and the updated Investment Strategy (page 226) and Treasury Policy (page 235) incorporating feedback from the 19 May 2021 Corporate and Strategic Committee meeting.

23.    This agenda item seeks a resolution of Council to adopt the Investment Strategy and Treasury Policy prior to adopting the 2021-2031 Long Term Plan.

24.    As requested at the Corporate and Strategic Committee, the changes made to the Treasury Policy have been explained. These are provided in the table following.

A.

References to ‘other’ counterparties

outside LGFA, RBNZ and the government.

A.

Reference to Jarden cash management facility contributing to ANZ’s limit.

A.

Ability to pre-fund new and re-financed debt up to 18 months in advance.

A.

·    Removed treasury investments

·    Senior commercial paper

·    Senior corporate bonds

·    Local authority bonds 

Policy Section

Change

Rationale

A. Policy Section 1 - General Policy Context

Added

The definition of Strategic and Non-Strategic assets is outlined in the Significance and Engagement Policy.

The Policy has been aligned to the changes made to the Investment Strategy.

B.  Policy Section 7 - Investment Policy - Externally Managed Funds

Added

The GM Corporate Services approves the amount and the timing of the funds available for divestment, that can be withdrawn from the externally managed funds.  The funds that are available for divestment will be based on Council’s cash flow requirements and the Investment Strategy. The amount will be retrospectively reported to Council.

Provides clarity and management discretion to withdraw funds from the externally managed funds.

C.  Policy Section 8 - Investment Policy - Mix of Investments

Added

Wording for carbon credits from Council’s forest portfolio.

Included as an investment.

D. Policy Section 9 - Investment policy investment parameters

Section Removed

Removed the investment maturity limits.

As treasury investments are held for liquidity purposes and therefore matched to expenditure amounts, greater flexibility around the maturity profile of the portfolio is needed.  There is a policy constraint that term deposits are restricted to a term of no more than 12-months.

The Jarden cash management facility or similar arrangement through a broker/investment manager has been included within the Policy, but only where the counterparty risk is with an approved bank.

E.  Policy Section 13.8 - Internal loans

Altered

Internal loan funding from external borrowing or cash balances.

Reflects that internal loans are funded from these two sources.  The policy describes the process for setting internal interest rates.

F.  Policy Section 14 - Counterparty Risk

Altered

Maximum counterparty exposure per bank to be referenced to an absolute limit rather than a percentage of rates revenue.

Minimum rated counterparties were reduced from A+ to A.

Reduces the minimum long-term credit rating for bank counterparties by one-notch to single A. The rating remains consistent with the “strong” credit rating category and is consistent with other council clients.  The rating provides a wider universe of bank counterparties such as Kiwibank enabling a better spread of investment risks and pricing opportunities.

Removed

Removed “other” instruments to simplify Council’s liquidity approach investing in only bank, call and term deposits. The “other” credit products are captured in the SIPO and managed within the external investment funds.

Added

Jarden’s cash management facility is placed with ANZ and controlled by the custodian FNZ. Therefore, any funds placed in the cash fund are allocated to the ANZ limit.

G. Policy Section 14.2 - Reserves

Altered

Disaster Damage Reserve is met though the liquidity ratio amount. There will no longer be specific treasury assets held to specific reserves

Rather than maintaining specific cash and investments to the disaster reserve (or any reserve), the reserve requirements will be managed within the overall liquidity ratio requirement set out in the policy.  This also creates efficiencies and reduces administration, in the management of cash reserves within Council’s balance sheet.

H. HBRC Cash Reserves

Section Removed

Removed section referencing a cash reserve of no less than $3 million.

The cash reserve limit is performing the same function as the 10% liquidity buffer calculation, so we have reduced the duplication and streamlined the management and reporting of this risk.

I.   Policy Section 17 - On-lending to Council Controlled Organisations

Added

Framework to allow Council to on-lend to CCO/CCTOs and CCO/CCTOs to become members of the LGFA.

A new policy section outlining changes to lending activity in light of changes to the LGFA Foundation Policy.  The policy creates the framework upon which Council can borrow from the LGFA and on-lend to CCO/CCTOs and allow CCO/CCTOs to borrow directly from the LGFA.

When borrowing from the LGFA the CCO/CCTO will need to become a member of the LGFA but that requires financial support from Council in the form of either uncalled capital or guarantee.  The policy has been updated for Council approval delegations.

J.   Policy Section 17 - Loan advances

Added

Comments on loan advances to charitable trusts and community organisations.

The policy now includes loan advances and outlines the criteria and limits that apply to these arrangements.

K.  Policy Section 18 - Specific Borrowing Limits

Altered

Net external debt as a percentage of total revenue limit increased from 150% to 175%.

LGFA liquidity buffer definition.

Wording for liquidity calculation to exclude term deposits linked to pre-funded debt.

Net debt limits have been increased to match LGFA limits and increase Council’s flexibility to debt fund over the LTP.

Updated any references to committed bank facilities to ensure this is the un-utilised portion only.

Removing pre-funding from the liquidity ratio allows the calculation to avoid ‘double counting’ debt that has been raised to pay down existing core intergenerational debt.  Liquidity raised is for the specific purpose of repaying maturing debt and is not available for general liquidity purposes.

L.  Policy Section 19 - Liquidity and Funding Limits

Altered

Debt maturity bands widened to have 0-3, 3-7 and 7+ buckets with altered minimum and maximum percentages.

Adjustment to the maturity bands within the framework to allow additional debt capacity in the 3-7 year bracket.  Whilst maintaining consistency with Council’s treasury objectives and recognising the debt management and liquidity support of the LGFA.  The recommended funding maturity limits create additional flexibility, allowing existing debt to mature naturally whilst providing Council with the ability to strategically manage its debt portfolio.

Added

To strengthen the liquidity management approach the term in which Council can forward manage upcoming debt re-financing is extended by six months.

M. Policy Section 21 - Interest Rate Risk Management

Altered

Altered existing interest rate policy parameters across the 15-year horizon.

 

Added

Policy limits that are outside limits but “self correct” within 90-days are not policy breaches. Any breaches beyond 90-days are to be reported to Council.

Definition for calculating fixed interest percentages based on core debt (excluding any pre-funded debt).

Reducing the minimum amount of interest rate fixing over the medium term to provide Council with greater flexibility in managing its interest rate risk position.  Wholesale interest rates have declined in recent years as central banks globally struggle to generate growth and inflation.  These policy changes influence Council’s materiality and sensitivity to interest rate movements.  By lowering the minimum fixed rate percentages, management has greater discretion in managing Council’s exposure to market wholesale interest rates.  This will allow Council to benefit from the lower interest rate environment but there remains a minimum hedging requirement out to five years.

N. Policy Section 23 - Approved Financial instruments

Added

Committed stand-by facilities offered by the LGFA.

Added LGFA stand-by facilities to allow Council to access this recent committed stand-by facility offering.

Removed

The Investment Policy has been simplified to reflect Council’s liquidity management purposes.  Investing in credit/fixed interest markets is captured within the SIPO and the externally managed funds.

O. Policy Section 28 - Delegation of Authority and Authority Limits

Added

Delegations for approving CCO/CCTOs and new/refinanced lending activity at Council level.

 

Delegations for negotiating lending arrangements for CCO/CCTOs to GMCS and ongoing management of lending for CCO/CCTOs to CFO.

Changes to delegations to reflect Council’s approval required for CCO/CCTO membership, the issuing of financial support and the management of ongoing lending activity.

P.  Policy Section 29 - Treasury Procedures -Reporting

Added

Increased the treasury reporting to include:

·    Funding and liquidity

·    Debt maturity

·    Interest rate profile

·    Treasury investments

·    Counterparties

The treasury reports match the current reporting content.

 

Audit of LTP

25.    Section 94 of the Local Government Act covers the audit requirement for the final LTP. Section 94(1) states:

“The Long Term Plan must contain a report from the Auditor General on:

(a)     Whether the Plan gives effect to the purpose set out in Section 93(6) [i.e. the purpose of a LTP]; and

(b)     The quality of the information and assumptions underlying the forecast information provided in the Plan.”

26.    At the time of this agenda going out, staff are awaiting verbal clearance from Audit New Zealand. Staff are confident that an unqualified opinion will be achieved.  However, as was the case for the Consultation Document, there is likely to be an emphasis of matter. Without modifying the opinion, the emphasis of matter is intended to draw attention to the disclosures in the plan about the uncertainty over the delivery of the substantially larger capital programme in this plan compared to previous plans.

27.    Any changes required by Audit NZ will be provided to Council prior to adoption. The signed audit opinion will be tabled at the Council meeting on 30 June 2021.

Balanced budget

28.    Under section 100 of the Local Government Act 2002 (the Act), the Council must ensure that each year’s projected operating revenues are set at a level sufficient to meet that year’s projected operating expenses. Where this is not the case, the Council should resolve that it is financially prudent.

29.    In assessing whether it is financially prudent, regard is to be given to:

29.1.    the estimated expenses of achieving and maintaining the predicted levels of service provision set out in the long-term plan, including the estimated expenses associated with maintaining the service capacity and integrity of assets throughout their useful life

29.2.    the projected revenue available to fund the estimated expenses associated with maintaining the service capacity and integrity of assets throughout their useful life

29.3.    the equitable allocation of responsibility for funding the provision and maintenance of assets and facilities throughout their useful life, and

29.4.    the funding and financial policies adopted under Section 102 of the Act.

30.    As specified in Part 3 - Financial Strategy (page 31 of the LTP) and Part 6 - Financial Reporting Benchmarks (page 179 of the LTP), HBRC has a balanced budget other than in year 3 with a balanced budget benchmark of 97% (-$2.25m). This is shown in the graph following.

31.    A balanced budget other than in year 3, is achieved by borrowing to smooth the rates burden in the first five years with additional revenues raised in later years to repay this borrowing. The balanced budget benchmark is not met in 2023-24 (year 3). This reflects the end of the significant partnership funding from central government’s COVID-19 stimulus package for flood protection. Even with borrowing it was decided that the gap was too big to bridge in year 3 so Council agreed to consult on an unbalanced budget for that year.

32.    Council must resolve that it believes this is a prudent approach and that level of rate increases without borrowing would be unaffordable for ratepayers, prior to adopting the 2021-2031 Long Term Plan.

Next steps

33.    Under the Local Government Act 2002, the final LTP must be sent out no later than one month after Council’s formal approval. It is intended to print and bind hard copies in house. These will be available mid-July.

34.    The LTP will be available on our website by close of business Friday, 2 July.

35.    Staff will reply to submitters advising them of Council’s final decisions. Submitters will receive a standardised response if they commented on our six key consultation topics. Bespoke responses will be sent to specific submitters.

Decision Making Process

36.    Section 93 of the Local Government Act 2002 prescribes the statutory requirements in relation to long-term plans. Council must use the special consultative procedure in adopting a long-term plan. This process has been undertaken and reflects the high degree of significance associated with adopting an LTP.

 

Recommendations

That the Hawke’s Bay Regional Council:

1.      Receives and notes the “Adoption of the HBRC 2021-2031 Long Term Plan” staff report.

2.      Authorises the Chair and Chief Executive to sign the Audit New Zealand Letter of Representation on behalf of the Council.

3.      Receives the Audit New Zealand audit opinion on the 2021-2031 Long Term Plan.

4.      Adopts the Investment Strategy which is included in the 2021-2031 Long Term Plan.

5.      Adopts the Treasury Policy which is included in the 2021-2031 Long Term Plan, as required by section 102(1) of the Local Government Act 2002.

6.      Adopts the Significance and Engagement Policy which is included in the 2021-2031 Long Term Plan, as required under Section 76AA of the Local Government Act 2002.

7.      Adopts the Revenue and Financing Policy which is included in the 2021-2031 Long Term Plan, as required under section 102(1) of the Local Government Act 2002.

8.      Adopts a balanced budget, other than in Year 3 of the 2021-2031 Long Term Plan, with a balanced budget benchmark of 97% (-$2.25m) and resolves that this is a prudent approach having regard to the provisions set out in section 100 of the Local Government Act 2002.

9.      Adopts the audited 2021-2031 Long Term Plan as presented, with any minor editorial corrections as necessary, in accordance with Section 93 of the Local Government Act 2002.

10.    Instructs staff to publish the HBRC 2021-2031 Long Term Plan in its final form, within one month of adoption in accordance with Section 93(10) of the Local Government Act 2002.

 

Authored by:

Desiree Cull

Strategy and Governance Manager

 

Approved by:

James Palmer

Chief Executive

Jessica Ellerm

Group Manager Corporate Services

 

Attachment/s

1

Hawke's Bay Regoinal Council 2021-2031 Long Term Plan

 

Under Separate Cover

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: HBRIC Statement of Intent

Reason for Report

1.      This item provides the Hawke’s Bay Regional Investment Company Ltd (HBRIC) 2021-22 Statement of Intent (SoI) for formal adoption in order to achieve legislative compliance (before 1 July).

Background /Discussion

2.      The draft 2021-22 SoI was reviewed at the 3 March 2021 Corporate and Strategic Committee (C&S) meeting and formal feedback provided to staff.

3.      Following the C&S and the subsequential Regional Council meeting on 26 March, feedback on the draft SoI from those meetings was communicated to HBRIC Ltd by Council officers.

4.      The HBRIC Directors have reviewed and updated the draft SoI to incorporate the feedback from Council, and have approved the release of the final 2021-22 SoI for Council adoption.

5.      The dividend distribution has been presented as a range between $8-11m per annum after taking into account advice from PwC, dividend expectations in the 2021-31 LTP, and the volatility in markets which could impact HBRIC’s revenue streams.

6.      Napier Port Holdings Ltd (NPHL) is not required to prepare an SoI due to the exemption provided under section 71A of the Local Government Act.

Decision Making Process

7.      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:

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

7.2.      The Statement of Intent for HBRIC Ltd is required to be prepared under section 64 of the Local Government Act 2002. This is a statutory requirement and is not subject to consultation under the provisions of the Act.

7.3.      The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

7.4.      Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Hawke’s Bay Regional Council:

1.      Receives and notes the HBRIC Ltd 2021-22 Statement of Intent 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 and persons likely to be affected by or to have an interest in the decision.

3.      Adopts the Hawke’s Bay Regional Investment Company Ltd 2021-22 Statement of Intent.

 

Authored by:

Kishan Premadasa

Management Accountant

Bronda Smith

Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager Corporate Services

 

 

Attachment/s

1

HBRIC Statement of Intent for the Year Ending 30 June 2022

 

 

  


HBRIC Statement of Intent for the Year Ending 30 June 2022

Attachment 1

 

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HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Report and Recommendations from the 23 June 2021 Hearings Committee Meeting

 

Reason for Report

1.      The following matters were considered by the Hearings Committee meeting on 23 June 2021 and the recommendations agreed are now presented for Council’s consideration alongside any additional commentary the Chair, Councillor Martin Williams, wishes to offer.

Agenda Items

2.      The Hearings Committee Terms of Reference and Associated Delegations agenda item provided the Committee with clarification of the role of the Committee and its delegations as well as enabling a wider review and consideration of the Terms of Reference. The item was prompted by a discussion at the Committee’s 14 May meeting about conflicts of interest for committee members recommended for appointment to Hearings Panels.

3.      The Delegation Register – Resource Management Act 1991 and its Amendments agenda item informed the Committee of the current delegations provided to staff for processing and deciding on resource consents under the Resource Management Act and provided an opportunity to review and update these.

4.      The Appointment of an Additional Commissioner for the Omaranui Landfill Expansion Hearing agenda item provided the means for appointing a Māori representative to the Hearing Panel to consider and decide on resource consent applications and a notice of requirement for the proposal to expand the Omarunui landfill. The Committee resolution was:

4.1.      Appoints Katarina Kawana as a commissioner to the Hearing Panel to hear and make decisions on the resource consent applications required to undertake activities and discharges associated with the construction and operation of Area B of the Omarunui Landfill (APP-125003).

5.      The Appointment of Hearing Panel for the Clive River Dredging Resource Consent Applications agenda item provided the means to have a hearing panel appointed ready to consider and decide on the resource consent applications in the likely event it proceeds to a formal hearing. The Committee resolved:

5.1.      Appoints the following commissioners to hear the resource consent applications required to undertake activities and discharges associated with the Clive River Dredging (APP-126090):

5.1.1.      Paul Cooney (Chair)

5.1.2.      Dr Malcolm Green

5.1.3.      Rau Kirikiri.

5.2.      Appoints the following people as alternates:

5.2.1.      Christine Scott (chair)

5.2.2.      Jim Cook

5.2.3.      A panel member with understanding of tikanga Māori and of the perspectives of local iwi or hapū to be confirmed via email upon advice from tangata whenua members of the Hearings Committee.

5.3.      Confirms that the commissioners are appointed under section 34A of the RMA and are delegated authority under sections 37, 37A, 39, 39AA, 40, 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104, 104A, 104B, 104C, 104D, 104E, 105, 107, 108, 108AA, 108B, 109, 113, and 115 of the Resource Management Act to hear, consider and decide the application and submissions.

Council considerations

6.      Further discussions at the meeting traversed:

6.1.      Additional changes to the Terms of Reference and to Hearing Panel appointment resolutions to ensure all necessary delegations are provided to the Hearing Panel so that they may have all powers necessary to undertake a hearing process and make decisions.

6.2.      Further input to be sought from tangata whenua representatives on the Māori and Regional Planning committees in relation to mana whenua representation on hearings committees.  Input is sought for a clause to be inserted into in the Terms of Reference for the Hearings Committee, that sets criteria for when a hapu or iwi representative of affected mana whenua can be appointed to a Hearings Panel when that person is not directly involved in the writing of a submission on behalf of the mana whenua.  

Decision Making Process

7.      These items were specifically considered by the Hearings Committee on 23 June 2021 and are now the subject of the following recommendations to Council.

 

Recommendations

The Hearings Committee recommends that Hawke’s Bay Regional Council:

1.      Receives and considers the “Report and Recommendations from the 23 June 2021 Hearings Committee Meeting”.

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.      Adopts the Terms of Reference for the Hearings Committee as amended to:

3.1.      add a footnote to 1.5. referring to the Local Authorities (Members Interest) Act 1968

3.2.      reference additional sections of the act that provide for objections to resource consent decisions

3.3.      add clause 1.7. to provide for the Chairperson to hear objections lodged by applicants to staff decisions and to costs

3.4.      add clause 1.6 to authorise the settlement of appeals and references through conferencing or alternative dispute resolution (if required)

3.5.      amend clause 2 to refer to s72.

3.6.      Amend 1.1 to read “To hear and make decisions pursuant to sections 37, 37A, 39, 39AA, 40, 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104, 104A, 104B, 104C, 104D, 104E, 105, 107, 108, 108AA, 108B, 109, 113, and 115 of the Resource Management Act on applications arising out of the Council’s regulatory responsibilities on:”

4.      Adopts the Delegations Register as amended to:

4.1.      Change Group Manager Regulation to Group Manager Policy and Regulation and change the abbreviation to GMRP

4.2.      Change Principal Consents Officer to Team Leader Consents and change the abbreviation to TLC

4.3.      Add the position of Engineering Officer Schemes, to recognise the staff level at which gravel consents are issued

4.4.      Change 36AB(1) to 36AAB(1)

4.5.      Add delegations to provide for Environment Court conferencing and Alternative Dispute Resolution including decisions to enter alternative dispute resolution and Environment Court conferencing

4.6.      Add delegation for fixing a notice to a site (Resource Management (Forms, Fees, and Procedure) Regulations 2003) - Regulation 10A.

Omaranui Landfill Expansion Hearing

5.      Confirms that the Hearing Panel appointed to hear the resource consent applications required to undertake activities and discharges associated with the construction and operation of Area B of the Omarunui Landfill (APP-125003) under section 34A of the RMA is delegated authority under sections 37, 37A, 39, 39AA, 40, 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104-108, 108A, 108AA, 109, 113 and 115 to hear, consider and decide the application and submissions.

Appointment of Hearing Panel for the Clive River Dredging Resource Consent Applications

6.      Confirms that the Hearing Panel appointed to hear the Clive River Dredging resource consent applications under section 34A of the RMA is delegated authority under sections 37, 37A, 39, 39AA, 40, 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104-108, 108A, 108AA, 109, 113 and 115 to hear, consider and decide the application and submissions.

 

Authored by:

Leeanne Hooper

Team Leader Governance

Malcolm Miller

Manager Consents

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

 

 

Attachment/s

1

Hearings Committee Terms of Reference including amendments

 

 

2

Updated Consents Delegations Register

 

 

  


Hearings Committee Terms of Reference including amendments

Attachment 1

 

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Updated Consents Delegations Register

Attachment 2

 

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HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Hastings Constituency By-election

 

Reason for Report

1.      This item provides the means for Council to provide staff with the necessary ‘administrative’ approvals to manage the Hastings Constituency By-election and outlines the timeline the by-election will run to.

Officers’ Recommendations

2.      Council officers recommend that the Council considers and agrees, by resolution, the following matters in relation to the management of the Hastings Constituency by-election.

2.1.      Appointment of Mr Peter Martin to the role of Deputy Electoral Officer

2.2.      Order of candidates on voting papers to be alphabetical.

Executive Summary

3.      As the result of Councillor Rex Graham’s resignation, a by-election is required for the Hastings Constituency of Hawke’s Bay Regional Council.

4.      The Local Electoral Act requires that the by-election must be held within 89 days of notification of the vacancy to the Electoral Officer, and that other associated process steps are undertaken including:

4.1.      Public notice of the election

4.2.      Opening and closing of nominations

4.3.      Declarations made by Electoral Officials

4.4.      Resolution of the order of candidate names on voting documents

4.5.      Opening and closing of the Electoral roll

4.6.      Declaration of final results.

5.      In order to meet the required timeframes, the timetable for the Hastings Constituency By-election is as follows.

SUMMARISED BY-ELECTION TIMETABLE

Thursday 17 June 2021

Public Notice of By-election

NOMINATIONS OPEN

PRELIMINARY ROLL OPEN FOR INSPECTION

Thursday 15 July 2021

NOMINATIONS CLOSE (NOON)

PRELIMINARY ELECTORAL ROLL CLOSES

ASAP after 15 July 2021

Public notice of confirmed candidate(s) and whether election required

If Election Required

Thursday 19 August 2021

DELIVERY OF VOTING DOCUMENTS COMMENCES

Progressive roll scrutiny

Early processing period starts

Special voting period starts

Friday 10 September 2021

ELECTION DAY

Voting closes 12 noon – counting commences

Preliminary results available as soon as practicable

By Wednesday 15 September 2021

Official declaration of Results

ASAP after 15 September 2021

Public notice of declaration of result

By Monday 8 November 2021

Return of electoral expense forms

Appointment of Electoral Officials

6.      Under section 12 of the Local Electoral Act 2001 (LEA) the Council must at all times have an Electoral Officer (EO) appointed by the Council to exercise the powers and carry out the duties conferred on the EO by the LEA. Leeanne Hooper currently holds the HBRC EO position, having been appointed by Council resolution on 27 October 2014.

7.      Section 13 of the LEA requires the Electoral Officer to appoint a Deputy Electoral Officer. Due to staffing and workload changes, when recruiting for the “Senior Governance Advisor” role it was decided that the DEO responsibilities would be included in that job description. As a result, it is necessary to appoint Mr Peter Martin.

8.      The Regional Council’s Electoral Officer is solely responsible (assisted by his/her deputy electoral officer and other electoral officials) for the management and conduct of every Regional Council election (or poll). The general duties of the Electoral Officer include:

8.1.      The appointment of a DEO

8.2.      Enter into Memoranda of Understanding (MoU) to reflect the particular arrangements for the election, including agreement on the fair allocation of costs, with each Territorial Authority in the Region

8.3.      The publication of any public notice relating to elections and polls and the calling of nominations

8.4.      Receive and process nominations, candidate profile statements and deposits required to be paid

8.5.      Announcement of the Preliminary result, and Declaration of the Official result

8.6.      Receive and publish returns of electoral expenses, and make copies available for public inspection

8.7.      Investigate possible offences under the Local Electoral Act 2001, and report alleged offences to the police

8.8.      Oversee payment of the costs of the election in accordance with MoU.

9.      Electoral Officers exercise their power independent of the Council, and unless he or she dies, resigns, is dismissed from office, or becomes incapable of acting, remains in office until his or her successor comes into office.

Voting Papers and Candidate Profile Statements

10.    Regulation 31 of the Local Electoral Regulations 2001 (the Regulations) permits each local authority to determine, by resolution, the order each candidate’s name will appear on a voting paper, choosing between alphabetical order of surname, pseudo-random order, or random order.

10.1.    Pseudo random order means that the order of the names of the candidates is determined randomly and then all voting documents use that order.

10.2.    Random order means the order of the names of the candidates is determined randomly for each voting document during the printing process.

11.    Council is able to resolve the order they wish to show on voting papers. Council can choose not to do so, however, in which case the candidates’ names must be arranged in alphabetical order of surname [LER reg 31(3)].

12.    It is noted that in all past elections, Hawke’s Bay Regional Council resolved to use the alphabetical option. It is useful also to note that all candidate profile statements will be shown in alphabetical order of a candidate’s surname.

13.    Because the voting papers for the 2019 local election were in alphabetical order staff do not propose a change for the by-election.

14.    In the lead-up to the 2022 local election, Council will be asked to consider and resolve the order of candidates as informed by a report outlining the benefits of the options available.

Early Processing of Votes

15.    In accordance with LEA section 80 Processing before close of voting, the votes received during the voting period will be processed. This means that once received, the voting document will be processed in accordance with LEA sections 82 Justices of the Peace to observe processing before close of voting and 83 Scrutiny of roll, in readiness for counting immediately after the close of voting.

16.    Early processing enables a faster progress result, which in this case we’re expecting to receive approximately 1 hour after voting closes.

Financial and Resource Implications

17.    Because a by-election process was not budgeted for, the costs associated will result in an unfavourable 2021-22 result of approximately $120,000 over budget for the Governance and Partnerships group of activities.

Decision Making Process

18.    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:

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

18.2.    The use of the special consultative procedure is not prescribed by legislation.

18.3.    The decisions are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

18.4.    The persons affected by this decision are Council staff, specifically the Electoral Officer and Deputy Electoral Officer, and the candidates and voters in the Hastings Constituency.

18.5.    Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That Hawke’s Bay Regional Council:

1.      Receives and considers the “Hastings Constituency By-election” 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.      Notes the appointment of Mr Peter Martin as Deputy Electoral Officer.

4.      Agrees that the order of names on voting documents will be alphabetical by surname.

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

Desiree Cull

Strategy and Governance Manager

James Palmer

Chief Executive

 

Attachment/s

There are no attachments for this report.


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: 2021 Representation Review

 

Reason for Report

1.      This item presents the proposed project brief and timelines for Council’s Representation Review, required to give effect to the 26 May 2021 resolution to establish one or two Māori Constituencies.

Officers’ Recommendations

2.      Council officers recommend that Council considers the proposed plan to determine whether it adequately meets the requirements of the Council necessary to ascertain Representation Arrangements for Hawke’s Bay Regional Council that provide ‘fair and effective representation’ for the communities of interest in the region.

Executive Summary

3.      In order to establish Māori constituencies as resolved by Council on 19 May 2021, a Representation Review must be undertaken for Hawke’s Bay Regional Council. The Review process is strictly prescribed in terms of timeframes once Council resolves its proposal for public notice to open submissions. The process leading to that point, however is completely at the discretion of Council.

4.      Ahead of the ‘actual’ Review process, pre-engagement with tangata whenua will be carried out through hui a iwi in each of the four Taiwhenua areas over the period 28 June to 12 July 2021. This timeframe is proposed to enable a recommendation from the 11 August Māori Committee meeting to feed into Council’s decision making at the Corporate and Strategic Committee meeting on 18 August and resolution of the initial proposed representation arrangements at the 25 August 2021 Regional Council meeting.

Background /Discussion

5.      The review process will involve the steps of:

5.1.      Review the communities of interest of the region considering ‘fair and effective representation’ for the region as a whole

5.2.      Determine the number of Māori and General constituencies (based on communities of interest), the boundaries of those (including, as far as practical, that constituencies coincide with territorial authority and ward boundaries), and the names of the constituencies

5.3.      Consider fairness of representation for electors including:

5.3.1.      the range of options for the total number of councillors on the Council, identifying the ratio of population per councillor for each proposed constituency and then comparing the constituency ratios calculated with the average population per member for the Council as a whole

5.3.2.      Under any of the options for total membership, do the constituency ratios fall within +/-10% of the average population per member?

5.3.2.1     Requires separate +/-10% calculations for the General constituencies and Māori constituencies (if more than one).  In the case of the General constituencies compliance will have to be calculated with the revised populations, i.e. without the Māori Electoral Population.

5.3.3.      If the required ratios cannot be achieved, consider whether there are sufficient grounds to not comply with the requirement and document these in appropriate detail.

5.4.      Resolve an initial proposed Representation Arrangement and publicly notify the details, calling for submissions

6.      Submissions, hearings and appeal periods following public notice of Council’s initial proposal must meet the time-bound requirements following.

8th October

Considerations of Tangata Whenua

7.      Under the Local Electoral Act there are two main requirements that determine the viability of options for Māori constituencies, being:

7.1.      Population – fair and effective representation, where each councillor represents the same number of people within +/-10%

7.2.      Boundaries – practicality of constituency boundaries coinciding with territorial authority or ward boundaries.

8.      If there is to be more than one Māori constituency, the option that Council staff are investigating is for a North/South geographical split.

9.      For the pre-engagement with tangata whenua, staff will base discussions at the hui around maps showing the potential boundary options as determined by the population requirements and asking for feedback from participants on their preferences, including the rationale for their choice. The flyer invitation is attached for councillors’ information.

Consultation

10.    Staff propose to carry out pre-engagement with tangata whenua and consultation with the wider public through the notification and submission processes of the formal Representation Review.

Other Considerations

11.    To meet the statutory timeframes, an outline of the proposed Project Plan, including timelines, is provided in the following table.

1.  

1.  

Milestone

Description

Due Date

1.   Maori Constituencies decision

Council resolution to establish Maori Constituencies

19 May 2021

2.   Pre-engagement

Item to Māori Committee (MC) to agree pre-engagement plan

-     Specific to one or two constituencies & potential name(s)

-     Communicate engagement plan to PSGEs along with invite to schedule direct engagement if wanted

2 June for 9 June 2021 meeting

Check-in with PSGE representatives on the Regional Planning Committee (RPC)

24 June for 7 July RPC meeting

Info/flyer for invites to hui finalised

Maps and information for hui finalised

21 June

Hui a iwi at each taiwhenua

Completed by 12 July

3.   Option development

Review the identified communities of interest within the Region as reflected by the current General constituencies for relevance / case to change

June-July

Feed hui feedback into detailed options for Council (RC) workshop

22 July for 28 July RC workshop

Feed hui & Council workshop feedback into detailed Māori Constituency options for Māori Committee recommendation of preferred option to Council

5 August for 11 August MC meeting

4.   Present options

Present options for recommendation to RC

19U –effective representation

19V –fair representation and other factors

12 August for 18 August C&S meeting

5.   Council resolves Initial Proposal

Not later than 31 August

Council selects and resolves preferred option as Initial Proposal for public notification

19 August for 25 August RC

6.   Public notice of proposed arrangements

Public Notice of initial proposal and open submissions

19L – distribution of copies of resolution

19M – public notice of proposals, and responsibilities in relation to submissions

1 September

7.   Receive submissions

Submissions open for not less than one month

1 Sept – 1 Oct

Close of submissions on Initial Proposal

5pm 1 October

8.   Respond to Submissions

If submissions received, Council considers/hears within 6 weeks of closing (19N – response to submissions)

13 October extraordinary RC after FARS

9.   Final Proposal

Amend Proposal from submissions hearings if appropriate and Resolve Final Proposal

27 October RC

 

Public Notice of Final Proposal

30 October

10. Appeals/Objections

Period of 1 month allowed for 19O appeals /19P objections

30 November

11. Lodge Final Proposal with LGC

-    If no Appeals/Objections –Council confirms as final

30Nov 2018

 

-    Gives Public Notice of Final Proposed Arrangements

3 Dec 18

 

-    Forward all documentation to LGC for final determination if not all constituencies meet +/-10% rule

10 Dec 18

 

-    If appeals/objection are received, advise 28Nov Council meeting and forward all documentation to LGC

b4 15 Jan 19

 

Financial and Resource Implications

12.    Approximately $20,000 funding is required for the out of cycle Representation Review due to it being two years earlier than planned and a small increase to cover additional consultation with tangata whenua to determine the new constituency boundaries and names etc. This was sought through a Staff Submission to the Long Term Plan, and agreed by Council.

Significance and Engagement Policy Assessment

13.    The decisions relating to the names and boundaries of the Māori constituencies are considered to be ‘significant’ only to tangata whenua, particularly those on the Māori roll, and not to the wider community. Therefor pre-engagement on these aspects of the Representation Review will be undertaken solely with tangata whenua.

14.    Council’s decisions in relation to its representation arrangements are considered to be significant and are subject to a prescribed consultation process with statutory timeframes required to fit within the Electoral Timetable for the upcoming 2022 local election.

Decision Making Process

15.    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:

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

15.2.    The use of the special consultative procedure is not prescribed by legislation.

15.3.    The persons affected by this decision are the voters who elect Hawke’s Bay Regional Council.

15.4.    Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

 


 

Recommendations

That Hawke’s Bay Regional Council:

1.      Receives and considers the “2021 Representation Review” 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 the Project Brief and timelines for the 2021 Representation Review as proposed.

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

Desiree Cull

Strategy and Governance Manager

James Palmer

Chief Executive

 

Attachment/s

1

2021 Representation Review Project Brief

 

 

2

Maori Constituencies Flyer

 

 

  


2021 Representation Review Project Brief

Attachment 1

 

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Maori Constituencies Flyer

Attachment 2

 

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HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Local Government New Zealand Annual General Meeting

 

Reason for Report

1.      This report seeks resolutions of Council to:

1.1.      confirm Councillors attending the upcoming 2021 Local Government New Zealand (LGNZ) Conference and Annual General Meeting (AGM); and the councillor delegated to vote on Council’s behalf at the AGM.

1.2.      agree Council’s voting position on any remits relating to regional council statutory functions and/or responsibilities.

Background

2.      The conference and AGM will be held in Blenheim from 15 - 17 July 2021 (AGM and conference opening).

3.      The theme of the conference is “Reimagining Aotearoa – from Community up”. 

4.      One councillor is currently booked and registered to attend the 2021 conference; Hinewai Ormsby, who will therefor hold the proxy vote for Council.

Remits

5.      As part of the conference, all Councils were invited to submit proposed remits. Proposed remits relate to “issues of the moment”. Remits must have formal support from at least one sector group meeting, or five councils, prior to being submitted.

6.      The remits (7) submitted to LGNZ are attached.  Not all relate to activities of regional councils.  Staff have not undertaken any detailed analysis on the remits but make the following high level observations.

Remit 2 – Rating value of forestry land

7.      The exclusion of the value of standing forests on forestry land for the calculation of capital value arguably reflects the fact that trees are a long rotation crop and are excluded in the way other plant crops or livestock are – they do not have enduring value. Lower land values for land in forestry relative to pastoral lands may reflect the restricted future use of that land, particularly due to ETS liabilities and replanting obligations, and may also account for the capital investment typically required to extract felled trees at harvest and the risk of forestry ownership relative to the more liquid and flexible pastoral farming. HBRC has a strategic objective of encouraging afforestation and without more detailed analysis staff are not in a position to recommend support or opposition to the remit, but do note that HBRC rates are mostly calculated on land value and are less affected by the current legislation than territorial authorities.

Remit 3 – Funding of civics education

8.      HBRC hosts an existing programme of environmental education in schools and there may be opportunities with funding support from the Government to expand this service into wider and possibly complementary education on civics, but staff would be concerned if this detracted at all from the impact of the Enviroschools programme.

Remit 4 – Election participation

9.      The Electoral Commission is appropriately skilled and empowered to promote local electoral participation and so the remit has logic. In the most recent elections the HBRC Chief Executive took additional steps, using Council resources through the Governance and Marketing and Communications teams, and in partnership with the other Hawke’s Bay councils to promote the local elections. Anecdotal evidence suggests this has visibility and impact, and had the complementary benefit of profiling the Council and its work. The HBRC Chief Executive is comfortable with the current statutory requirements as long as councillors are comfortable with the modest use of Council’s resources for this purpose.

Remit 5 – Carbon emission inventory standards and reduction targets

10.    A consistent methodology for emissions inventories across local government makes sense and staff support this proposal. Staff are not in a position to assess the implications of local government being involved in setting emissions reductions targets but note that if local government is required to deliver emissions reductions to meet such targets then input from the sector is necessary.

Financial and Resource Implications

11.    The costs for attendance at the 2021 LGNZ conference are approximately $1500 per councillor plus associated travel and accommodation costs which are within the usual cost parameters.

Decision Making Process

12.    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:

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

12.2.   The decision does not fall within the definition of Council’s policy on significance.

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

12.4.    Given the nature and significance of the issues to be considered and decided, Council can exercise its discretion and make these without consulting directly with the community.

Recommendations

1.      That Hawke’s Bay Regional Council:

1.1.      Agrees that the decisions to be made are not significant, and that Council can exercise its discretion and make decisions on this issue without conferring with the community.

1.2.      Confirms the elected representatives to the LGNZ AGM, covering all associated registration, travel and accommodation expenses for attendance; being councilor Hinewai Ormsby.

1.3.      Instructs Council’s proxy, Councillor Hinewai Ormsby, to vote on remits as follows.

1.3.1.      Remit 2 – Rating value of forestry land either Support or Oppose

1.3.2.      Remit 3 – Funding of civics education either Support or Oppose

1.3.3.      Remit 4 – Election participation either Support or Oppose

1.3.4.      Remit 5 – Carbon emission inventory standards and reduction targets
either Support or Oppose

 

Authored by:                                                       Approved by:

Leeanne Hooper

Team Leader Governance

James Palmer

Chief Executive

 

Attachment/s

1

2021 Remits for LGNZ AGM

 

Under Separate Cover

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 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 5

          DP 10513

          CT  C1/1354

-     Agreement for Sale and Purchase

 

1.1.2     Lot 196

          DP 6598

          CT  C2/391

-     Agreement for Sale and Purchase

 

1.1.3     Lot 67

          DP 14225

          CT  G1/6

-     Transfer

 

 

 

 

4454

 

 

 

 

4455

 

 

 

4457

 

 

 

16 June 2021

 

 

 

 

16 June 2021

 

 

 

22 June 2021

1.2

Staff Warrants

1.2.1   M. Signal

          (Delegations under Resource Management Act 1991;  Building Act 2004; Local Government Act 2002; and Civil Defence Emergency Management Act 2002

 

 

 

 

 

 

 

 

4456

 

 

 

 

 

 

16 June 2021

 

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

3.1.      0 cross lease properties were sold, with 79 remaining on Council’s books

3.2.      0 single leasehold property was 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:

Ross Franklin

Contractor, Finance

Diane Wisely

Executive Assistant

Approved by:

Tim Chaplin

Senior Group Accountant

Jessica Ellerm

Group Manager Corporate Services

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

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

 

Reason for Report

1.      This item provides a summary of discussions (attached) that took place at the 4 June 2021 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting for the Council’s consideration alongside any additional commentary the Chair, Jerf van Beek, may wish to provide.

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.

 

Recommendations

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

 

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

 

Approved by:

Chris Dolley

Group Manager Asset Management

 

 

Attachment/s

1

Summary of Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting held 4 June 2021

 

 

  


Summary of Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting held 4 June 2021

Attachment 1

 

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HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Report from the 9 June 2021 Māori Committee Meeting

 

Reason for Report

1.      This item provides a summary of discussions at the 9 June 2021 Māori Committee meeting 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 Wairoa Awa Restoration, the Ahuriri Fish Hook Summit and concerns raised about resource consent applications for surface water takes and mining Whakapunake. 

2.2.      The Te Taiwhenua o Tamatea report highlighted their concerns about fishing trawlers in Pōrangahau Bay and will seek tighter controls to be put in place.

2.3.      The Te Whanganui-ā-Orotu report noted recent meetings about whitebait stands on the Clive River and a proposal to address issues, that Mohaka planting and pest control programmes are progressing well and sought advice from HBRC about water allocation for papakāinga.

2.4.      The Te Taiwhenua o Heretaunga Hapū/marae have requested a key for access to waterways for customary practices, e.g. mahinga kai.

3.      The Tangata Whenua Pre-Engagement for the HBRC Representation Review item outlined the proposed pre-engagement with tangata whenua ahead of Council’s consideration of and decisions on the number of Māori Constituencies for the 2022 local election. The committee resolved:

3.1.      Agrees to the Tangata Whenua Pre-engagement Plan as amended to incorporate a single hui jointly with Hastings District Council for Te Taiwhenua o Heretaunga.

4.      The LiDAR Tools Development item provided an opportunity for the Māori Committee to propose views or ideas for the future development of tools to be derived from the newly acquired light detection and ranging (LiDAR) mapping of Hawke’s Bay.

5.      The Māori Engagement ahead of Public Consultation on implementation and execution of the Coastal Hazards Strategy item outlined a proposal for engaging with mana whenua ahead of formal consultation on the implementation and execution of the Clifton to Tangoio Coastal Hazards Strategy and sought the Māori Committee’s feedback on the proposed approach.

6.      The Update on IRG Flood Control resilience funded projects provided an update on the four projects approved for funding by the Crown’s Flood Control Resilience Funding including:

6.1.      Project 1 - Working through a risk framework on 39 sites in the Heretaunga Flood Control Scheme being subjected to a prioritisation process based on modelling outputs.

6.2.      Project 2 - Survey data was used to estimate that approximately 3,100,000m3 of gravel is available for extraction within the Upper Tukituki scheme area and currently undertaking a modelling assessment to prioritise key areas for extraction.

6.3.      Project 3 - 75 precast concrete akmon units have been installed on the left bank of the Waipawa River and nearing completion of the installation of rail irons and wire rope to form permeable groynes on the riverbanks.

6.4.      Project 4 - Wairoa River geotechnical investigations and design optioneering completed, and construction contract drafted.

7.      The Update on the HBRC Gravel Extraction Consent item provided a summary and background to the global resource consents being sought by the Hawke’s Bay Regional Council’s Asset Management Group (AMG) for gravel extraction from the Ngaruroro, Tukituki Catchment and Tutaekuri rivers and provided the opportunity for tangata whenua to voice their concerns.

8.      The June 2021 Statutory Advocacy Update item provided an update on local resource management-related proposals upon which the Regional Council has an opportunity to make comments or to lodge a submission.

9.      The Committee also received an overview of recent Regional Council and Committee meetings and the latest HBRC Organisational Performance Report for 1 January to 31 March 2021.

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 9 June 2021 Māori Committee meeting”

 

 

Authored by:

Annelie Roets

Governance Advisor

 

Approved by:

Pieri Munro

Te Pou Whakarae

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Report from 23 June 2021 Environment and Integrated Catchments Committee Meeting

 

Reason for Report

1.      The following matters were considered by the 23 June 2021 Environment and Integrated Catchments Committee meeting and are now presented for Council’s information alongside any additional commentary the Chair, Hinewai Ormsby, wishes to offer.

Agenda Items

2.      The Coastal Hazards Funding Model agenda item sought an in-principle agreement with the findings and recommendations of the Funding Review undertaken by Mr Raynor Asher QC titled “Review and Recommendations for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee” for recommendation to the Council on how to progress next steps to implement the Strategy. Essentially the review report recommends that the Hawke’s Bay Regional Council takes charge of all aspects of the prevention and mitigation of coastal hazards on the Clifton to Tangoio Coast. The recommendations from the Committee will be made to the 28 July Regional Council meeting.

3.      The Tangaroa Tohu Mana Tangaroa Tohu Mauri – Marine Cultural Health Programme presentation outlined the partnership between Ahuriri mana whenua hapū and Napier Port. The Kaupapa is spear-headed by Te Ohu Urungi – or Mana Whenua Steering Komiti. The unique and innovative cultural monitoring framework measures and monitors the cultural and ecological health of the marine environment in and around the Ahuriri area, including Pānia Reef. The programme is founded on mātauranga Māori and recognises that everything is connected – the spiritual world, natural world, te taiao (environment) and people. The cultural health and environmental state of each of the pou Mana Moana and Mana Tangata is assessed using:

3.1.      Tohu Matua – Key indicators

3.2.      Tohui Whaiti – Sub indicators made up of the most import, highly valued, or most representetive indicator specific to that Tohu Matua, and

3.3.      Patai Inenga: Qualitative and quatitative meassures.

4.      The Hawke’s Bay Airport Wildlife Management presentation focused on the environment around the Hawke’s Bay Airport and planning work being undertaken in relation to the development of Ahuriri Regional Park, particularly around bird strike concerns.

5.      The Te Mata Park Trust Presentation outlined the challenges and status of projects currently under way, the Trust Board’s objectives, recent achievements, and the Ngā Tipuna (Masterplan) for the Park, and thanked the Regional Council for their continued support.

6.      The Te Karamū Project update provided the Committee with an update on the progress of enhancement works undertaken as part of the Te Karamū Enhancement Review and Management Strategy 2016-25 (the Strategy) and presented the forward programme of work for the remaining years. Following presentation and discussion, the Committee further resolved:

6.1.      The Environment and Integrated Catchments Committee recommends that Hawke’s Bay Regional Council reviews and updates the Te Karamū Enhancement Review and Management Strategy 2016-25 (the Strategy) to encompass all aspects of the health of Te Karamu, including but not limited to, water quality, pollution, public access and the role of the proposed Te Karamu liaison position.

7.      The Verbal Gravel Extraction update item provided a summary and background to the global resource consents being sought by the Hawke’s Bay Regional Council Asset Management Group (AMG) for gravel extraction from the Ngaruroro, Tukituki Catchment and Tutaekuri rivers. Should the resource consent be granted, the future operating regime will see commercial extractors granted ‘authorisations’ to operate under the AMG’s resource consent to remove gravel from locations where gravel surplus is greater and allows more effective management.

8.      The QEII National Trust Presentation introduced the Trust, their work and partnership with HBRC in Hawke’s Bay, challenges, the future of QEII and their objectives to protect and preserve New Zealand’s natural and cultural heritage for future generations.

Decision Making Process

9.      These items were specifically considered by the Environment and Integrated Catchments Committee on 23 June 2021 and are now the subject of the following recommendations to Council.

Recommendations

1.      That Hawke’s Bay Regional Council receives and notes the “Report from 23 June 2021 Environment and Integrated Catchments Committee Meeting”.

Te Karamū Project update

2.      The Environment and Integrated Catchments Committee recommends that Hawke’s Bay Regional Council reviews and updates the Te Karamū Enhancement Review and Management Strategy 2016-25 (the Strategy) to encompass all aspects of the health of Te Karamu, including but not limited to, water quality, pollution, public access and the role of the proposed Te Karamu liaison position.

Reports Received

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

3.1.      Coastal Hazards Funding Model

3.2.      Tangaroa Tohu Mana Tangaroa Tohu Mauri – Marine Cultural Health Programme

3.3.      Hawke’s Bay Airport Wildlife Management

3.4.      Te Mata Park Trust Presentation

3.5.      Te Karamū Project update

3.6.      Verbal Gravel Extraction update

3.7.      QEII National Trust Presentation.

 

Authored by:

Annelie Roets

Governance Advisor

Leeanne Hooper

Team Leader Governance

Approved by:

Chris Dolley

Group Manager Asset Management

Jessica Ellerm

Group Manager Corporate Services

Iain Maxwell

Group Manager Integrated Catchment Management

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Significant Organisational Activities Looking Forward through July 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 809 incidents (Air 504, Land 137, Surface water 126, Coastal 34, Ground Water 5) logged through our hotline for the period 1 July 2020- 24 June 2021.

2.  Total infringements for year to date 1/7/20 – 24/06/21 = 71

Infringement no.

RMA section breached

Discharge of contaminants to:

1

14(2)(a)

Restrictions on water takes

12

15(1)(a)

Water

11

15(1)(b)

Land where may enter water

6

15 (1)(c)

Industrial or trade premises to air

3

15(1)(d)

Industrial or trade premises to land

33

15(2A)

Air or land where breaches our RRMP

1

22(2)

Failure to supply information (name and address) to an enforcement officer

4

338(1) (c)

Breach of Abatement Notice

3. Twelve prosecutions-initiated year to date (24/06/21) at various stages, which we are unable to comment publicly on.

Regulation

Compliance & Enforcement

Resource Consent Compliance

4.  92% of programmed resource consent inspections have been completed for the year to date with 660 site inspections, 589 reports sent, and assessment of 835 environmental data returns.

5.  Of all consents monitored to 24 June 2021, 84% achieved full compliance. 30 were graded significantly non-compliant, 350 moderate and 150 low risk.

6.  All significant non-compliance identified during Q4 has been resolved or is the subject of current enforcement action.

7.  Of the moderate non-compliant consents, 255 are water takes that have been identified through our pre-expiry program as requiring work done. A majority of these consents are being addressed, however we are dependent on industry capability.

Regulation

Consents & Compliance

Poplar and Willow harvest and distribution

8.     Harvesting poplar poles and willow wands at the nursery has started with deliveries planned and underway. The next few months (during the planting season) is a busy time for Catchment staff working with landowners and nursery staff.

ICM

Catchment Delivery

Policy Implementation

9.     Activities are 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, industry groups and rural professionals on this issue. The focus at this time is the grazing management of crops already in the ground and preparing people to document their plan for next season.

Catchment Policy Implementation

Regional Land Transport Plan

10.   The Regional Transport Committee adopted the RLTP on 21 May 2021. Passenger Transport funding has been approved by NZTA, awaiting decisions on low cost low risk funding.

Transport

Representation Review

11.   Four hui-a-iwi scheduled at each of the region’s Taiwhenua to get tangata whenua feedback on the composition and naming of Maori Constituencies.

Governance, Comms & Māori Partnerships

Outstanding Water Bodies Plan Change 7

12.   It is anticipated that the final decision of the OWB Plan Change 7 will be issued by the end of June 2021.

Policy & Planning

Policy & Regulation

 

Northern Catchment

Project / Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

River Parade Erosion Protection

13.   Ongoing consultation with Tātau Tātau o Te Wairoa and Matangirau. Cultural impact assessment of the site has been initiated. Site works expected to commence September 2021.

Regional Projects

Pest control

14.   The Whakatipu Mahia operation team have reached the Mahia township and are working with residents to have baitstations and traps on their properties. Good support has been received to date.

15.   The Mahia team are also gearing up to enter into the “huntdown” phase, where they will be starting to hunt the remaining possums. This phase will take approx. 6 to12 months.

ICM – Catchment Services

 


Central Catchments

Project / Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

TANK Plan Change (PC9)

16.   The third and final week of the hearings finished on 23 June 2021, followed by the panel undertaking a helicopter flight over the TANK catchments.  It is anticipated that a decision could be provided within six months from the conclusion of the hearing.

Policy & Planning

Ngaruroro and Clive Rivers Water Conservation Order

17.   Hearings recommenced on the 14 June and closed on the 17 June 2021.  It is anticipated that a decision could be made within six months.

Policy & Planning

Omaranui Landfill expansion

18.   The resource consent applications for the Omaranui Landfill expansion were notified on Tuesday 19 January 2021. Submissions closed Wednesday 17 February 2021.

19.   HDC are currently meeting with all submitters individually and have asked for a time extension while they undertake this consultation.

20.   Hearing panel appointed and hearing to be scheduled, likely in August.

Regulation Consents

Clive River Dredging and discharge of dredge materials

21.   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. A hearings panel has been appointed to hear this application if it requires to be heard. It has not been notified at this stage. 

Asset Management Regulation Consents

Flood Control Schemes

22.   Resilience Funding PDU projects: Taradale stopbank strengthening preliminary design nearing completion. 

23.   Moteo, Omaranui, Ngatarawa, East Clive stopbank strengthening options to be prepared by external consultants.

24.   Site prioritisation for HPFCS has been developed based on river modelling outputs, condition assessments and consequence of failure of assets.

Asset Management

Engineering

Regional Projects

Heretaunga Plains Scheme review

25.   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.

26.   The Lower Tukituki River hydrodynamic model is now completed, and results show that more significant work will be required for the lower Tukituki infrastructure to increase resilience.  Reprioritising of stopbank upgrades will include this new information. 

Asset Management

Regional Projects

Gravel Management

27.   All contractors and industries have been updated on upcoming changes with global consent implementation.

28.   Asset Management team is working with consent authority to find a suitable solution for rivers which are not part of the global consent.

29.   A hearing is scheduled for August and site visit with Iwi group is scheduled for July.

30.   Allocations have been determined under the existing system for the 2021-22 FY.

Asset Management

Consents,

Schemes

Waitangi Regional Park

31.   The new marquee area developed for Matariki celebrations completed and in use as of 19 June 2021 helping this successful event which includes partnership between HBRC, NCC, HDC, Napier Port, Sport Hawke’s Bay and the National Aquarium of NZ. 70 school groups that attend Matariki celebrations helping plant natives in Waitangi Regional Park.

32.   Extensive invasive weed removal has been undertaken downstream of Blackbridge on both sides of the Tukituki River within Waitangi Regional Park.

Asset Management

Open Spaces

Tangoio and Tūtira Forestry

33.   Tangoio logging complete. Approximately $500,000 net return from 20 hectares.

34.   Tūtira logging complete. Approximately 11 hectares logged to allow roads and processing sites to be built. Roading complete except for one section not yet metalled. No environmental or health and safety incidents. Walking tracks to be reopened by 1 July. Net returns $335,000.

Asset Management

Open Spaces

Forestry

Hawea Historical Park / Karamu Stream Diversion

35.   Hawea Park Management plan is drafted and under review with HBRC. Awaiting cultural information from Hawea Historical Park Management Committee.

36.   Stage 3 of the development is underway with detailed design completed. Due to delay in receiving outstanding LINZ and archaeological authority approval we won’t be able to proceed with the construction and will carry forward the CAPEX to the FY 21/22. 

Asset Management

Open Spaces

Regional Assets

Bayview/ Whirinaki Cycleway

37.   The Project is on hold until land matters have been agreed and resolved by the NCC. Meeting is scheduled with the NCC infrastructure team to resolve these issues.

Asset Management Regulation Regional Projects

By-election

38.   By-election process initiated to replace Councillor Rex Graham in the Hastings Constituency

Electoral Officer

 


Southern Catchments

Project / Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

CHBDC Wastewater discharge consents

39.   Upgrades to be completed in 9 phases across 5 projects, more information can be found here.

40.   Porangahau and Te Paerahi replacement applications for the municipal wastewater systems have been lodged and formally accepted. These are on hold awaiting an application for an alternative combined discharge.

41.   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.

42.   Submission of the ecological impact study for the Waipawa treatment plant discharge is expected.

Regulation

Consents & Compliance

Upper Tukituki Flood Control Scheme

43.   Waipawa river erosion above SH50. Earthworks complete, pole planting underway.

44.   Upper Tukituki gravel extraction. Prioritisation of extraction sites confirmed, material property test results due end of June.

45.   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

46.   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. At this stage it is anticipated matters raised can be resolved without a hearing.

Consents

Tranche 2 consents

47.   Applicants seeking Tranche 2 water have submitted modelling results for taking and offsetting effects on the environment. HBRC has provided feedback on the modelling results. A further report has been submitted and is being reviewed externally.

Consents

Te Mata Mushroom Company, Waipukurau site

48.   The application for the proposed Te Mata Mushroom Company compost production operation at a new site on Mt Herbert Road, Waipukurau has been withdrawn.

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 July 2021 staff report.

 

Authored by:

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

Principal Engineer

Martina Groves

Manager Regional Assets

Nathan Heath

Area Manager Northern Hawke's Bay

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Rob Hogan

Manager Compliance

David Keracher

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


 

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 30 June 2021

Subject: Councillors' Reports from June 2021 Meetings of Outside Bodies

 

Reason for Report

1.      This item provides the means and opportunity for Councillors appointed to Outside Bodies to bring issues of significant interest from recent meetings to the attention of Council.

Background

2.      Each Triennium, Council appoints Councillor representatives on the following Outside Bodies. Appointees for this Triennium are noted beside each body.

2.1.      Local Government New Zealand (LGNZ) Zone 3 (Hinewai Ormsby and Martin Williams)

2.2.      HB TB Free Committee (Will Foley)

2.3.      Future Farming Trust (Will Foley)

2.4.      Tukituki Leaders Forum (Will Foley and Jerf van Beek)

2.5.      HB Drought Committee (Will Foley and Jerf van Beek)

2.6.      HPUDS Implementation Working Group (Jerf van Beek and Martin Williams)

2.7.      HB Cycling Governance Group (Jerf van Beek)

2.8.      Te Komiti Muriwai o Te Whanga (Neil Kirton)

2.9.      HB Tourism Board of Directors (Craig Foss)

2.10.    HBRIC Ltd (Rick Barker, Craig Foss, Neil Kirton).

Decision Making Process

3.      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 “Councillors' Reports from June 2021 Meetings of Outside Bodies”.

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

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 Not on the Agenda to be discussed as determined earlier in Agenda Item 5.

 

Topic

Raised by

 

 

 

 

 

 

 

 

 

 

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: Confirmation of Public Excluded Minutes

That Hawke’s Bay Regional Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes of the Reginoal Council meeting held on 26 May 2021 Agenda Item 21 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.

 

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

Desiree Cull

Strategy and Governance Manager

 

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 June 2021

Subject: 2021 FY Section 36 Charges Transition

That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 22 2021 FY Section 36 Charges Transition 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

2021 FY Section 36 Charges Transition

7(2)(f)(ii) The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees, and persons from improper pressure or harassment.

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

 

 

Authored by:

Amy Allan

Management Accountant

Jessica Ellerm

Group Manager Corporate Services

Approved by:

James Palmer

Chief Executive