MINUTES OF A meeting of the Regional Council
Date: 28 Jul 2021
Time: 11.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Present: Cr R Barker (Chair)
Cr W Foley
Cr C Foss
Cr N Kirton
M McIlroy (Māori Committee Co-Chair)
Cr H Ormsby
A Tapine (RPC Rep)
Cr J van Beek
Cr M Williams (via Zoom)
In Attendance: J Palmer – Chief Executive
P Munro – Te Pou Whakarae Māori Partnerships
C Dolley – Group Manager Asset Management
L Hooper – Team Leader Governance
R Franklin – Acting Chief Financial Officer
K Brunton – Group Manager Policy and Regulation
D Broadley – Marketing & Communications Manager
S Bendall – Coastal Hazards Strategy Project Manager
The Chair welcomed everyone and Pieri Munro led the group in offering a karakia to open the meeting.
Resolution
RC60/21 That the apologies for absence from Councillor Charles Lambert and Mike Paku be accepted.
Foss/Ormsby
CARRIED
2. Conflict of Interest Declarations
There were no conflicts of interest declared.
3. Confirmation of Minutes of the Regional Council Meeting held on 30 June 2021
Resolution Minutes of the Regional Council Meeting held on Wednesday, 30 June 2021, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. Foss/van Beek CARRIED |
Follow-ups from Previous Regional Council Meetings |
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James Palmer introduced the item, which was taken as read. |
That Hawke’s Bay Regional Council receives and notes the “Follow-up Items from Previous Regional Council Meetings”. CARRIED |
Significant Organisational Activities Looking Forward through August 2021 |
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The item was taken as read, with discussions and queries covering: · Chris Dolley advised that comprehensive background work and testing including prioritisation of extraction sites and building access roads has been done with initiation of the Upper Tukituki gravel extraction project. Engagement with tangata whenua a key focus currently. · Bayview-Whirinaki cycleway is on hold pending additional land acquisitions by Napier City Council. HBRC is managing the project which will be ‘owned’ by NCC after completion. · Additional activities in Northern catchment advised by Michelle McIlroy include 22 July planting event at Rotongaio Lake, a hui with Minister Kiritapu Allen on 23 July in relation to Ngamotu and Whakamahia restoration, Deputy Prime Minister is in Wairoa today at Wairoa College and a land occupation of Te Reinga school lands in opposition to a limestone quarrying consent, on Pohaturoa Station, close to Whakapunake · An update on the stopbank crest height work for the Lower Tukituki will go to the next Environment and Integrated Catchments Committee meeting · Quarterly reporting to Ministry for the Environment by Council about progress with implementation of the Intensive Winter Grazing regulations. |
That the Hawke’s Bay Regional Council receives and notes the Significant Organisational Activities Looking Forward through August 2021 staff report. CARRIED |
Call for Minor Items Not on the Agenda |
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Setting of the Rates for 2021-22 Financial Year |
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James Palmer introduced the item, which reflects the decisions Council made on the Long Term Plan. Queries and discussions covered: · New 20 September due date for payment of Rates comes into effect this year · Explanation of general rates, uniform annual general charge and Equalised land value · Targeted rates are used for flood and drainage schemes and how those are applied at different levels in accordance with level of protection/benefit provided · Pest management targeted rate is collected to fund Council’s costs, including monitoring, not actual pest control activities · Staff to review and correct “rates are set on” in the descriptor to match what is in the table. |
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That Hawke’s Bay Regional Council: 1. Confirms that the decisions to be made on the setting and assessing of rates cover information in the Funding Impact Statement for the 2021-22 year as included in the 2021-31 Long Term Plan as required by Section 93 of the Local Government Act 2002. 2. Sets the following rates for the 2021-22 financial year under the Local Government (Rating) Act 2002, on rating units in the region for the financial year commencing on 1 July 2021 and ending on 30 June 2022. These rates are set in accordance with the relevant provisions of the 2021-31 Long Term Plan’s Funding Impact Statement and are inclusive of GST. 2.1. A general rate is set under sections 13, and 131 of the Local Government (Rating) Act 2002 on equalised land value as per the following table.
2.2. A uniform annual general charge is set at $58.65 per separately used or inhabited part of a rating unit under section 15(1)(b) of the Local Government (Rating) Act 2002 as set out in the following table.
2.3. The following differential targeted rates, as described in the Funding Impact Statement, are set under sections 16,17 & 18 of the Local Government (Rating) Act 2002 as set out in the tables following. 2.3.1. Heretaunga Plains Flood Control Scheme Rates set on equalised capital value based on the location of each property.
2.3.2. Upper Tukituki Flood Control Scheme Rates set on land value based on the location of each property.
2.3.3. Various Streams and Drainage Schemes 2.3.3.1. Napier, Meeanee & Puketapu – land value based on land use 2.3.3.2. Karamu & Tributaries - land value based on land use 2.3.3.3. Brookfields & Awatoto - land value based on land use 2.3.3.4. Clive & Muddy Creek - land value based on land use 2.3.3.5. Poukawa Drainage – land value based on location
2.3.3.6. Paeroa Drainage – Area based on location 2.3.3.7. Ohuia, Whakaki – Area based on location 2.3.3.8. Upper Makara – Area based on location
2.3.3.9. Esk River – Area based on location
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2.3.3.10. Whirinaki Stream – Area based on location
2.3.3.11. Opoho Drainage – Fixed amount based on location 2.3.3.12. Te Ngarue Stream – Area based on location 2.3.3.13. Kopuawhara Stream – Area based on location
2.3.4. Plant Pest Strategy – Based on area
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2.3.5. Animal Pest Strategy – Based on area and land use 2.3.5.1. Forest Pest Strategy – Based on area and land use
2.3.6. Healthy Homes/Clean Heat – based on location and equalised land value 2.3.7. Sustainable Homes – Financial Assistance (includes CleanHeat Assistance) Based on value of service provided
2.3.8. Erosion Control Scheme - Financial Assistance * Based on value of service provided
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2.3.9. Economic Development – fixed amount per rating unit or Capital Value
2.4. The following uniform targeted rates, as described in the Funding Impact Statement, are set under sections 16 and 17 of the Local Government (Rating) Act 2002 as set out in the tables following. 2.4.1. Subsidised Public Transport – Based on equalised land value and location
2.4.2. Wairoa River and Streams Scheme – Based on capital value 2.4.3. Central & Southern Area Rivers & Streams – based on location and equalised capital value
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2.4.4. Various Streams and Drainage Schemes 2.4.4.1. Raupare Enhancement – Based on location and land area 2.4.4.2. Raupare Twyford – based on location and land value 2.4.4.3. Haumoana Te Awanga - based on location and land value 2.4.4.4. Tūtaekurī, Waimate & Moteo - based on location and land value 2.4.4.5. Pakowhai Brookfields - based on location and land value 2.4.4.6. Puninga - based on location and land value
2.4.4.7. Karamu Drainage - Fixed amount per separately used or inhabited part based on location 2.4.4.8. Karamu Enhancement - Fixed amount per separately used or inhabited part based on location 2.4.4.9. Kairakau Community - Fixed amount per property based on location 2.4.4.10. Pōrangahau Flood Control - based on location and land value 2.4.4.11. Maraetotara Flood Control - based on location and capital value
2.4.5. Sustainable Land Management – based on land area and location
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2.4.6. Coastal Hazards - Fixed amount per separately used or inhabited part based on location
2.4.7. CDEM- Emergency Management - Fixed amount per separately used or inhabited part based on location
3. Confirms that the due date for payment of rates as set by the Hawke’s Bay Regional Council for the financial year commencing 1 July 2021 and ending on 30 June 2022 is 20 September 2021. 4. Confirms that, under sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, a fixed 10% penalty will be applied to unpaid current rates as at 21 September 2021 and shall be calculated by multiplying the outstanding rates by 10% and then adding that penalty sum to the amount outstanding as at 21 September 2021. 5. Confirms that, under sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, a fixed 10% penalty will be applied to all unpaid rates as at 1 July 2022 and shall be calculated by multiplying the outstanding rates by 10% and then adding that penalty sum to the amount outstanding as at 1 July 2022. CARRIED |
Coastal Hazards Strategy Implementation & Execution Funding Model |
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Chris Dolley introduced the item and Simon Bendall, Project Leader, and provided a brief background on development of the Strategy and work to date. Queries and discussions covered: · Adaptive framework enables changes to pathways in response to triggers and signals and taking advantage of the latest technology and science available through the 10 year review cycle · current set of recommended pathways were refined in 2021 following further community engagement, design and ‘consentability’ work · Storm surge barrier is a sub-service structure (possibly inflatable) that can be deployed to prevent inundation during a storm · Concern that liabilities could be inherited and the agreement (MoU, transition) must clearly detail what/where liabilities lie through the due diligence processes · Key risks around control structures · Losses from doing nothing would far eclipse the costs of implementing the pathways · There are proposals before Parliament currently around spatial plans and a framework for district plans to be consistent · Rating regime for the pathways will most likely be targeted to those that benefit on the basis that those who receive the most benefit will pay the most however will still need to be subjected to the ‘affordability test’ under the Rating Act – and these issues and details are all still to be worked through · Full range of options, potentially including early retreat, will be included in the consultation documentation · Ecological issues and impacts will be consulted on through the LTP amendment process and then more detailed assessments will be required through each resource consent application process · Staff envisage that projects (pathways) would be approved through the LTP process and incorporated into the infrastructure strategy |
That Hawke’s Bay Regional Council: 1. Receives and considers the “Coastal Hazards Strategy Implementation & Execution Funding Model” staff report. 2. Agrees in principle to the outcome of the Funding Review and recommendations of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee; being: 2.1. Endorses the findings of the review undertaken by Mr Raynor Asher QC titled “Review and Recommendations for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee”, including the following key recommendations, for the purposes of commencing consultation under s.16 of the Local Government Act 2002: 2.1.1. That the Hawke’s Bay Regional Council takes charge of all aspects of adapting to and mitigating coastal hazards risks on the Clifton to Tangoio coast 2.1.2. That the Napier City Council, Hastings District Council and Hawke’s Bay Regional Council enter into a memorandum of understanding setting out agreed positions on this arrangement 2.1.3. That an advisory committee is formed by elected representatives from Napier City Council, Maungaharuru-Tangitū Trust, Hastings District Council, Mana Ahuriri, Hawke’s Bay Regional Council and Heretaunga Tamatea Settlement Trust to support forward work 2.1.4. That a Transition Plan is prepared to set out the timing and orderly process of transitioning functions to the Hawke’s Bay Regional Council in accordance with the terms set out in the memorandum of understanding. 3. Directs staff to prepare a draft Memorandum of Transition between the Hawke’s Bay Regional Council, Napier City Council and Hastings District Council that details the proposed operational regime for implementing coastal hazards mitigation projects under the Clifton to Tangoio Coastal Hazards Strategy, including but not limited to: 3.1 Recognition and acknowledgement of legal responsibilities 3.2 Assessment of risk and liabilities associated with the transfer to HBRC of the management of existing coastal hazards mitigation assets held by Napier City Council and Hastings District Council and the transfer of existing rock revetments at Waimarama, Clifton, Cape View Corner and Ahuriri. 4. Directs staff to report back to Council on a pathway for an internal review of the following areas of HBRC in relation to the implementation of the Coastal Hazards Strategy: 4.1 Organisation-wide impacts 4.2 The most effective organisational structure for implemetation of the Strategy 4.3 Suitability of policy and regulatory framework 4.4 Science output requirements 4.5 Obligations to tangata whenua 4.6 Ratepayer equity, including an assessment of the full financial cost to all ratepayers in delivering the strategy 4.7 The impacts of climate change on the adaptive pathways in light of the most recent projections 4.8 An assessment of the carbon footprint arising from implementing the strategy. CARRIED |
Report and Recommendations from the Hawke's Bay Drinking Water Governance Joint Committee |
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RC66/21 |
That the item is withdrawn. Barker/Ormsby CARRIED |
Councillors' 2021-22 Remuneration and Allowances |
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The item was taken as read. |
That Hawke’s Bay Regional Council: 1. Receives and considers the “Councillors’ 2021-22 Remuneration & Allowances” staff report 2. Confirms the remuneration and allowances payable to councillors resulting from the Local Government Members (2021-22) Determination for effect from 1 July 2020. CARRIED |
Affixing of the Common Seal |
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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.
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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. CARRIED |
The meeting adjourned at 1.05pm and reconvened at 1.32pm
Results of the 2021 Resident Survey |
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The item was taken as read with queries and discussions highlighting: · Some baseline questions used to show changes over time · In every measure, results are in the upper quartile of performance and importance, except for improved water security and making rivers swimmable · Concern that viewing HBRC as the main organisation that looks after the environment responses dropped by 13%. |
That the Hawke’s Bay Regional Council receives and notes the “Results of the 2021 Resident Survey” staff report. CARRIED |
Report from the 28 June 2021 HB Civil Defence Emergency Management Group Joint Committee Meeting |
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The item was taken as read, with advice that discussions about permanent tangata whenua representation happening at the national level and through the Māori committees locally. |
That Hawke’s Bay Regional Council receives and notes the “Report from the 28 June 2021 HB Civil Defence Emergency Management Group Joint Committee meeting”. CARRIED |
Report from the Regional Planning Committee |
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The item was taken as read. |
1. That the Hawke’s Bay Regional Council receives and notes the “Report from the Regional Planning Committee”, including the following reports that were provided to the Committee for information: 1.1. Māori Engagement ahead of Public Consultation on implementation and execution of the Coastal Hazards Strategy 1.2. Resource Management Policy Projects Update 1.3. Statutory Advocacy Update. CARRIED |
Councillors' Reports from July 2021 Meetings of Outside Bodies |
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Councillor Will Foley noted that the Future Farming Trust is looking for suggestions about iwi representatives on their Board and advised that the Trust will present their annual report to Council after their AGM in August. |
That Hawke’s Bay Regional Council receives and notes the “Councillors' Reports from July 2021 Meetings of Outside Bodies”. CARRIED |
Discussion of Minor Items not on the Agenda |
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The meeting went into public excluded session at 1.40pm and out of public excluded session at 1.59pm
Closure:
There being no further business the Chairman declared the meeting closed at 2.00pm on Wednesday, 28 July 2021.
Signed as a true and correct record.
DATE: ................................................ CHAIR: ...............................................