Agenda of Regional Council Meeting - Wednesday, 25 August 2021

HAWKE’S BAY REGIONAL COUNCIL

25 August 2021

Subject: Significant Organisational Activities Looking Forward through September 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. There are 19 active prosecutions before the courts, at various stages therefore not able to comment publicly on. 2. Currently visiting all consented and unconsented vehicle wrecker/dismantling yards in Hawke’s Bay ensuring they are complying with their consents or need to apply for a consent.	Regulation Compliance & Enforcement
Poplar and Willow harvest and distribution	3. Harvesting poplar poles and willow wands, with deliveries underway. The next few months (during the planting season) is a busy time for Catchment and Nursery staff.	ICM Catchment Delivery
Primary Sector Collaboration	4. A primary sector Pan Sector group will be re-formed at a meeting on 31 August. The intention is to be well connected to primary sector groups and organisations so that we have a common understanding and clear and consistent messaging to help landowners navigate through upcoming RMA and other changes and requirements. This group will not replicate the Hastings District Council Primary Producers group which is focused on a shared awareness of rural issues at the political level.	ICM – Catchment policy implementation
Outstanding Water Bodies Plan Change 7	5. OWB appeal period closed at 5pm 6 August 2021. Three appeals have been received. A joint submission was received from Ngati Kahungunu Iwi Incorporated and Te Taiwhenua o Heretaunga, and individual appeals from Forest and Bird and The Maori Trustee.	Policy & Planning Policy & Regulation
Submission on national farm plan and stock exclusion framework	6. Submissions and feedback will be provided to MFE on Stock exclusion and Farm plan requirements by 12 September to help inform development of more detailed regulations.	Policy Implementation

Northern Catchment
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
River Parade Erosion Protection	7. Work is expected to commence on site September 2021	Regional Projects
Right Tree Right Place	8. Preparing September EICC paper requesting bring forward of funding to accelerate the RTRP project as discussed at Council workshop 4 August.	ICM
Pest control	9. Predator Free HB team focus is mainly on Whakatipu Mahia, continuing work in and around the township and refining placement of the barrier to protect the peninsula. Remaining bait stations targeted for completion in August, when there will be over 8000 bait stations across the peninsula. 10. Entering the next phase of hunting down surviving possums using predator dogs, motion sensitive cameras, auto feeders, wireless traps and infra-red spotlighting equipment. 11. Monitoring programme for PCA properties prepared and the contractor will begin the farmer contact process under the new HASE guidelines being tested. 12. Starting preparations for this season’s rook control programme across the region.	ICM – Catchment Services

Central Catchments
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
TANK Plan Change (PC9)	13. The Hearing Panel determined that an additional 1-2 days is required to discuss some issues in more detail - dates 27 & 28 September set. The agenda has yet to be set.	Policy & Planning
Omaranui Landfill expansion resource consent applications	14. HDC is currently meeting with all submitters individually and has asked for a time extension while they undertake this consultation. 15. Hearing Panel appointed and hearing likely in September.	Regulation Consents
Clive River Dredging and discharge of dredge materials	16. Applications lodged for the dredging and discharge of dredged material have been assessed by external consultants. Provider of cultural impact assessment has formally withdrawn their offer. A Hearing Panel has been appointed in case the application proceeds to a Hearing.	Asset Management Regulation Consents
Flood Control Schemes	Resilience Fund projects 17. Taradale stopbank strengthening detailed design in progress. 18. Moteo, Roys Hill, Ngatarawa, East Clive stopbank strengthening options being worked through with a consultant with estimated delivery by October 2021. Early contractor engagement has commenced on methodology and specifications for construction.	Asset Management Engineering Regional Projects
Heretaunga Plains Scheme review	19. The Lower Tukituki River hydrodynamic model is completed, and results show that more significant work will be required to increase resilience of the infrastructure. This new information is being fed into the work reprioritising stopbank upgrades. 20. Further modelling of lower reaches and river mouth being done to understand the effects of different conditions.	Asset Management Regional Projects
Gravel Management	21. All contractors and industries have been updated on upcoming changes with global consent implementation. 22. Asset Management team is working with consent authority to find a suitable solution for rivers which are not part of the global consent. 23. Site visit arranged for August and Hearing scheduled for September 24. Allocations determined under the existing system for 2021-22.	Asset Management Consents, Schemes
Waitangi Regional Park	25. Stage 3 delivery of the Waitangi Park with focus on the coastal site, creating a pathway, wetlands and restricting access to 4WD. We also proceed with planning to install a toilet block. 26. MoU for collaboration with the Atea a Rangi to agree on future management of the park is underway; lead by Atea a Rangi with support of the HBRC team.	Asset Management Open Spaces
Tangoio and Tūtira Forestry	27. First tranche of Tangoio and Tūtira logging is complete. Second tranche to resume in summer 2021-2022.	Asset Management Open Spaces, Forestry
Hawea Historical Park / Karamu Stream Diversion	28. Hawea Park Management draft plan is under review, awaiting cultural information from the Hawea Historical Park Management Committee. 29. Stage 3 project delivery includes pathways around the park, construction work for widening of the confluence and design of the bridge. 30. Planting day is scheduled in August.	Asset Management Open Spaces, Regional Assets
Bayview/ Whirinaki Cycleway	31. Project on hold pending resolution of land matters with NCC. 32. HBRC and NCC teams have met and agreed to carry out a further clarification, risk, budgets confirmation, and feasibility on achieving the outcomes for this project. 33. A report on outcomes of this process will be distributed to NCC and HBRC Executive teams in August. 34. Additional survey work undertaken to confirm property boundary.	Asset Management Regulation Regional Projects
Hastings By-election	35. Nominations closed 15 July with 3 nominations received. 36. Election day is 10 September.	Electoral Officer

Southern Catchments
Upper Tukituki Flood Control Scheme	37. Earthworks completed on Waipawa river erosion above SH50 and handover to asset owner is under way. 38. Meeting with contractors and gravel industry to discuss commercial model and seek feedback on the model. 39. Prioritisation for the gravel extraction location has been confirmed. 40. Working on forming new accesses over private land to reach priority areas.	Asset Management Regional Projects, Schemes

Southern Catchments

Project /Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

Upper Tukituki Flood Control Scheme

37. Earthworks completed on Waipawa river erosion above SH50 and handover to asset owner is under way.

38. Meeting with contractors and gravel industry to discuss commercial model and seek feedback on the model.

39. Prioritisation for the gravel extraction location has been confirmed.

40. Working on forming new accesses over private land to reach priority areas.

Asset Management

Regional Projects, Schemes

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 September 2021” staff report.

Authored by:

Allan Beer

Team Leader Biosecurity - Animal Pests

Jack Blunden

Team Leader Compliance - Urban & Industrial

Vicki Butterworth

Cycle Network Coordinator

Desiree Cull

Strategy & Governance Manager

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

Gavin Ide

Principal Advisor Strategic Planning

David Keracher

Manager Regional Projects

Campbell Leckie

Manager Catchment Services

Malcolm Miller

Manager Consents

Brendan Powell

Manager Catchments Policy Implementation

Wendy Rakete-Stones

Acting Team Leader Plant Pests

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

25 August 2021

Subject: Report and Recommendations from the Māori Committee

Reason for Report

1. This item provides a summary of discussions at the 11 August 2021 Māori Committee meeting along with recommendations for Council’s consideration and provides the opportunity for the Co-chairs to add additional context as they wish.

Agenda Items

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

2.1. The Wairoa Taiwhenua report expressed disappointment that the Wairoa awa was not included in the list of Outstanding Water Bodies and advised they will be appealing the decisions made by the independent commissioners through the Environment Court process.

2.2. The Te Taiwhenua o Tamatea report highlighted that Covid-19 vaccinations are being administered at the Waipawa Rugby Club and planning is under way for Central Hawke’s Bay (such as Pōrangahau and Takapau).

2.3. The Te Whanganui-ā-Orotu report noted the good discussions held on the establishment of Māori constituencies and supported the establishment of two, as well as highlighting progress made on Marae restoration projects.

2.4. The Te Taiwhenua o Heretaunga report raised concerns about access to waterways and HBRC’s Global consent for Gravel extraction as well as expressing disappointment that the Lower Tukituki awa was not included on the list of Outstanding Water Bodies list and advising they too will be preparing an appeal against the decisions made by the Independent Commissioner Panel.

3. The HBRC Chair and Chief Executive's Verbal Updates highlighted concerns about the slow progress on Council’s Climate Change work programmes and HBRC’s agreement to take the lead on implementing the Coastal Hazards Strategy. The update also covered:

3.1. Flood Scheme upgrades in Heretaunga and Tukituki

3.2. the expanded Erosion Control Scheme

3.3. the On Demand Public Transport trial

3.4. Nationwide focus on Water Reform, implementation of freshwater and three waters reforms, Resource Management Act changes, Zero Carbon Act, and the Future of Local Government

3.5. Kotahi plan development, TANK Plan Change decisions, Outstanding Water Bodies decisions being appealed to the Environment Court

3.6. Ahuriri Regional Park planning, QEII native bush fencing, funding and planning for Wairoa Regional Park

3.7. Review of Council’s Biosecurity programmes underway.

4. The Constituency Options for HBRC for Representation Review item sought the Committee’s recommendation on whether one or two Māori constituencies is preferred, resulting in the recommendations to Council for resolution, being:

4.1. There was a general consensus from the committee that two Māori Constituencies be established.

4.2. The names for new constituencies be referred to kaumatua for guidance and advice

4.3. In relation to the boundary between the Northern and Southern Māori constituencies, Māori Committee Taiwhenua representatives expressed their desire for the boundary between the two constituencies to be formed by the naturally occurring geographical boundary of an awa, in this case, the Ngaruroro awa as guidance for boundary lines.

5. The Water Security Programme Update item provided an update on the HBRC Provincial Growth Fund Regional Water Security Programme

6. A further update was given on the Central Hawke’s Bay Managed Aquifer Recharge Pilot project, site validation and efforts made with landowner arrangements, consenting processes, technical trials and analysis and mana whenua engagement.

7. With the Heretaunga Water Storage Investigations, there has been active investigation on water storage solutions for long-term water security for the Heretaunga Catchments. Viable options were identified as a separate process of decision making and consultation would be necessary before any infrastructure could be progressed beyond feasibility investigations.

8. 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 Kōmiti. 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 pou Mana Tangata is assessed using:

8.1. Tohu Matua – Key indicators

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

8.3. Pātai Inenga: Qualitative and quatitative meassures.

9. The Outstanding Water Bodies Plan Change: Overview of Decisions item presented an overview of the decisions made by the Independent Hearing Panel on Proposed Plan Change 7 (Change 7) to the Regional Resource Management Plan (RRMP).

10. Fifteen outstanding water bodies, or parts thereof were identified in Hawke’s Bay as listed below.

· Lake Tutira (including Lake Waikōpiro)	· Ngamatea East Swamp
· Lakes Rotoroa and Rototuna (the Kaweka Lakes)	· The Mohaka River Mainstem upstream of Willow Flat
· Te Whanganui-a-Orotū (Ahuriri Estuary) · Mangahouanga Stream	· Ngaruroro River upstream of the Whanawhana cableway
· Lake Waikaremoana	· Taruarau River
· Lake Whakakī – Te Paeroa Lagoon – Wairau Lagoon and Wetlands	· Pōrangahau River and Estuary downstream of the Beach Road Bridge
· Lake Whatumā	· Te Hoe River
· Mainstem of the Tūtaekurī River upstream of the SH50 Bridge	· Tukituki River downstream of SH50 bridge to the sea, including the estuary

11. The period for lodging appeals with the Environment Court against those decisions closed on the 6 August 2021 and staff will report back to the Regional Planning Committee meeting on 1 September on the outcome and number and content of the appeals (if any). Appeals will proceed through the Environment Court’s processes, which include mediation and formal court hearings if necessary.

12. The July 2021 Statutory Advocacy Update provided 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.

13. The Significant Organisational Activities Looking Forward through August 2021 item highlighted significant areas of Council activity as provided to the 28 July 2021 Regional Council meeting.

14. The Reports from Regional Council and Committee Meetings item provided information from recent meetings attended by the Committee Co-chairs and representatives on Council committees, and the opportunity for the Māori Committee representatives to discuss any matters of particular interest arising from those meetings.

15. Since the Māori Committee last met on 9 June 2021, there have been two Committee meetings held being the Environment and Integrated Catchments Committee and the Hearings Committee, both been held on 23 June 2021. Two Regional Council meeting here held 30 June and 28 July 2021.

Decision Making Process

16. The items were specifically considered by the Māori Committee on 11 August 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 and Recommendations from the Māori Committee”

2. The Māori Committee recommends that Hawke’s Bay Regional Council considers the following when deciding on the proposed Representation Arrangements for the 2022 and 2025 local elections.

2.1 The preference of Taiwhenua representatives on the Māori Committee is for Council to establish two Māori constituencies for the election of one representative of each by voters enrolled on the Māori roll.

2.2 the preference of Taiwhenua representatives on the Māori Committee is that the names of the Māori constituencies be determined in consultation with kaumatua

2.3 Support for the Council including the Māori names for Napier, Hastings and Central Hawke’s Bay in the General constituency names.

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

25 August 2021

Subject: Report and Recommendations from 18 August 2021 Corporate and Strategic Committee Meeting

Reason for Report

1. The following matters were considered by the Corporate and Strategic Committee (C&S) meeting on 18 August 2021 and the recommendations agreed are now presented for Council’s consideration alongside any additional commentary the Chair, Councillor Neil Kirton, wishes to offer.

Agenda Items

2. The Report and Recommendations from the 4 August 2021 Finance Audit and Risk Sub-committee (FARS) item reported to the Corporate and Strategic Committee (C&S) on the meeting’s proceedings including a Risk Management Maturity Update item, an Internal Audit Report – Talent Management and 2020-21 Annual Treasury Report.

2.1. In relation to the Risk Management Maturity item, the FARS recommended that the C&S agree to the staff proposal to reset the baseline of the supporting Risk Management Maturity Project Plan to implement the Risk Roadmap. The recommendation of FARS was accepted, and the C&S resolved:

2.1.1. Agrees to reset the baseline of the supporting Risk Management Maturity Project Plan to implement the roadmap as proposed.

3. The HBRC Representation Arrangements Review item provided options for the Committee to consider for recommendation to Council, including:

3.1. the total number of elected representatives being either 9 or 11

3.2. the establishment of two Māori constituencies as recommended by tangata whenua representatives of the Māori and Regional Planning committees

3.3. retention of the number and boundaries of the five General constituencies as supported and determined by the Local Government Commission in the 2018 and 2012 representation reviews, and changing the names of three of those five constituencies to include the Māori name

3.4. extending the boundary of the current Wairoa constituency southward to increase the population to better meet the +/-10% requirement.

4. Given the significance and complexity of decisions on Council’s representation arrangements, the Representation Arrangements Review is the subject of a separate agenda item.

5. The Territorial Local Authority (TLA) Compliance Programmes item summarised the compliance programmes in place for engaging and managing consented and permitted activity discharges/land uses by the main Territorial Local Authorities (TLAs) in the Hawke’s Bay region. The committee was confident there is a robust and effective strategy in place to ensure TLA compliance with national regulations and regional rules for the protection of our natural and built environments.

6. The 2020-21 Annual Interim Results and Carry Forwards for 2020-21 provided the Committee with interim financial results for the 2020-21 financial year to 30 June 2021, prior to audit, and requests to carry forward expenditure budgets from 2020-21 to 2021-22 while noting that end-year financial statements are likely to change as officers refine information as part of the Audit process. The report also highlighted that the audit of the 2020-21 annual report is not expected to commence until October, with adoption scheduled for December 2021 (to meet the new statutory deadline of 31 December).

7. The 2020-21 Annual Report – Interim Non-Financial Results provided Committee with the interim non-financial results for review prior to audit and inclusion in the 2020-21 Annual Report. This included the 23 Strategic Plan outcomes (SPOs) and the 60 level of service measures (LOSMs). The Committee suggested changes to bolster the qualitative commentary for some measures, including:

7.1. stock exclusion SPO – add “All river berms managed by Council are either fenced if grazed, or mowed”

7.2. Life supporting SPO –consider changing this to off-track based on the last sentence and look to bolster it with some SOE results e.g. state of Karamu, Ahuriri

7.3. Ecosystem Prioritisation site SPO – add sentence saying that the pending NPS – Biodiversity will introduce regulatory drivers that will support the achievement of this target and some commentary about the type of sites worked on to date

7.4. Strategic relationships LOSM – add in some commentary acknowledging the milestones and shifts in relationships and outcomes achieved this year e.g. updated establishment of Māori constituencies and co-design of Mohaka plan change as well as co-design of the survey/reporting framework with the Māori Committee and Regional Planning Committee tāngata whenua reps.

8. The Organisational Performance Report for Period 1 April to 30 June 2021 item provided quarter four (Q4) of the 2020-21 financial year for the period 1 April – 30 June 2021. Commentary received noted improvements planned for the new financial year including using the newly implemented TechOne system to pull data into the People & Capability and Finance pages of the dashboard.

9. The HBRIC Ltd Quarterly Update item provided Council with an update on HBRIC’s activities for the last quarter of the 2020-21 financial year, noting that the coompany’sa annual report will be made available to Council following adoption by the HBRIC Board.

10. The Public Excluded Report from the Finance, Audit and Risk Sub-committee item provided a summary of interim measures the People and Capability team is taking in relation to current recruitment risks as requested by the Finance, Audit and Risk Sub-committee.

Decision Making Process

11. Items were specifically considered by the Corporate and Strategic Committee on 18 August 2021 and are now the subject of the following recommendations to Council.

Recommendations

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

1. Receives and considers the “Report and Recommendations from the 18 August 2021 Corporate and Strategic Committee”

2 Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on these items without conferring directly with the community or persons likely to have an interest in them.

2020-21 Annual Interim Results and Carry Forwards for 2020-21

3 Approves the carry forward of all expenditure requests from the 2020-21 to the 2021-22 budget; being:

Operating Expenditure Carry Forward Requests

Capital Expenditure Carry Forward Requests

Reports Received

4 Notes that the following reports were provided to the Corporate and Strategic Committee:

4.1 Territorial Local Authority (TLA) Compliance Programmes

4.2 2020-21 Annual Report – Interim Non-Financial Results

4.3 Organisational Performance Report for Period 1 April to 30 June 2021

4.4 HBRIC Quarterly Update

4.5 Public Excluded Report from the Finance, Audit and Risk Sub-Committee-in relation to the development of Council’s People & Capability strategy.

Authored by:

Leeanne Hooper

Team Leader Governance

Annelie Roets

Governance Advisor

Approved by:

James Palmer

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

25 August 2021

Subject: Future of Hawke's Bay Drinking Water Governance Joint Committee

Reason for Report

1. The purpose of this report is to present to Council recommendations on the future of the Hawke’s Bay Drinking Water Governance Joint Committee and Working Group, arising from discussions by the Joint Committee on its Terms of Reference.

Officers’ Recommendations

2. Council officers recommend that, in its role as a member agency of the Hawke’s Bay Drinking Water Governance Joint Committee, Council supports:

2.1. placing the Hawke’s Bay Drinking Water Governance Joint Committee into abeyance with governance oversight of drinking water safety being transferred to the Regional Leaders’ Forum, who may consider incorporating the appropriate representation requirements, particularly public health, and Iwi

2.2. retention of the Hawke’s Bay Drinking Water Joint Working Group with reporting by the Group to go directly to the Regional Leaders’ Forum, with future institutional and administrative support to be agreed by the Regional Leaders’ Forum.

Background

3. Comprehensive water reform is occurring across New Zealand with regulatory reform through legislation, the formation of Taumata Arowai and service delivery reform of Three Waters. This led to a discussion at the March 2021 meeting of the Hawke’s Bay Drinking Water Governance Joint Committee suggesting that a revisit of the Terms of Reference for the Committee should occur to assess whether or not the Terms of Reference remain fit for purpose.

4. The Terms of Reference for the Committee are based on its establishment following the Havelock North drinking water contamination event and its purpose being to provide governance oversight to the Joint Drinking Water Working Group (a group of staff from the member agencies) regarding the implementation of recommendations from the Board of Inquiry and the evolution of the Joint Working Group into a more permanent officials’ working group.

5. The Joint Committee has met on ten occasions since it was established in 2017. The work programme for the Committee has focused on completing the Board of Inquiry recommendations, the establishment of a communications protocol among agencies for drinking water contamination events, and the development of the source protection provisions for the TANK Plan Change. In addition, the Committee has approved the preparation and content of submissions to several pieces of proposed legislation and the TANK Plan Change.

Progress on Board of Inquiry Recommendations

6. The Board of Inquiry issued 17 recommendations from the first stage of its Inquiry. These were developed in conjunction with the Water Safety Working Group (the precursor to the Joint Drinking Water Working Group), which at that stage comprised representatives from HBRC, HDC, the DHB and Drinking Water assessors. These recommendations were centred around the safety and integrity of the Brookfield Road bores and the wider HDC water supply. The recommendations are either part of ongoing maintenance and monitoring work or were completed within twelve months of being issued.

7. Part 2 of the Board of Inquiry report looked at the wider management of drinking water and the 40 recommendations from Part 2 focussed on legislative reform (including to the RMA for source protection), the establishment of a national drinking water regulator, and a range of recommendations to and for the Ministry of Health.

8. Both the HB Drinking Water Governance Joint Committee (DWJC) and the Joint Drinking Water Working Group (JWG) have contributed to the development of these changes when given the opportunity to do so. Additionally, both groups have used the opportunities available to increase their understanding of the science underpinning drinking water status and supplies throughout Hawke’s Bay.

9. A White Paper prepared by the JWG at its inception also included a range of actions to be undertaken by the Group to enhance its operations and effectiveness. These included agreement on a communications protocol to be used by the member agencies in the event of a drinking water contamination event (or potential event), and a project to look at digital data sharing. The communications protocol is in place and has been used.

10. The data sharing project has not been completed, due in part to the precedence given to developing the TANK source protection plan provisions and in part to the establishment of Taumata Arowai as the national drinking water regulator and gaining an understanding of its role in data collection and distribution.

Three Waters Reform

11. In early 2019, Central Hawke’s Bay District Council, Hastings District Council, Napier City Council, Wairoa District Council and Hawke’s Bay Regional Council began working together to review the current and potential service delivery options for drinking water, wastewater, and stormwater for all of Hawke’s Bay. The project aligned with the five councils’ strategic priority for the 2019-22 triennium - water safety, security, and planning. Governance oversight of this project was provided by the region’s four Mayors, the Chair of HBRC and the CEs of the five councils.

12. In July 2020, the Government announced a $710 million funding package to support economic recovery relating to COVID-19, and to start to address the persistent issues facing the three waters sector, through a combination of infrastructure investment stimulus and service delivery reform. Councils that agreed to participate in the initial phase of the reform programme were eligible to receive a share of this funding package. Hawke’s Bay’s four territorial authorities all opted into the initial phase of the reform.

13. Since then, a comprehensive service delivery reform programme has been established by the Department of Internal Affairs, using a partnership approach between central and local government. Cabinet has agreed there will be a centrally led process to determine the boundaries and number of new entities. This will mean that councils will not choose which neighbours/entity to join but may choose to opt-out of the entity they are assigned to when fully equipped with the information of what this might mean locally.

14. The Department of Internal Affairs (DIA) has recently released analysis and modelling to advance the evidence base informing the case for change for the Three Waters Reform Programme.

14.1. The reports include analysis of the economic benefits of reform by the Water Industry Commission of Scotland (WICS), independent reviews of WICS’ methodology by Farrierswier and Beca, and an analysis of the effects of the proposed reform on the economy and affected industries by Deloitte.

14.2. The reports highlight the huge investment required over the next 30 years to ensure that New Zealanders have access to safe drinking water and that wastewater and stormwater networks achieve good environmental outcomes.

15. The timeline for further decisions on the construct of the Three Waters entities and their governance constructs is still not clear. Any update on transition arrangements is delayed until government decisions are made, and this could be October 2021.

Joint Drinking Water Working Group

16. The Hawke’s Bay Joint Drinking Water Working Group (JWG) is the group of officials from the agencies involved in the management and/or delivery of safe drinking water. The JWG was set up at the conclusion of Stage 1 of the Havelock North Board of Inquiry process with its core functions being inter-agency collaboration and maintenance of public health through the delivery of drinking water.

17. The agencies represented on the JWG now include all five councils, the Hawke’ Bay District Health Board through its Public Health Unit, and Drinking Water Assessors. Ngati Kahungunu Iwi Inc was also represented at the JWG but chose to leave the group following the work on the TANK Plan change. Iwi/hapū representation is important for any ongoing management/delivery entity and needs to be addressed at the time a decision is made.

18. The JWG continues to implement the work programme set by the Committee. Up until the Level 4 lockdown the JWG would meet approximately every two months and since that time has met less regularly but still meets as the work programme necessitates to exchange information, to progress actions and to prepare for Joint Committee meetings.

Discussion

19. Since the March 2021 Joint Committee meeting, a sub-group of Committee members including councillors Hinewai Ormsby (HBRC) and Nigel Simpson (NCC) met to discuss the way forward for the Committee and to make appropriate amendments to the Terms of Reference. Members of the JWG held a separate workshop on this topic.

20. The sub-group considered the potential for the Committee to provide a feedback mechanism to the new Three Waters Entity and to provide closer oversight of the service delivery aspects of three waters infrastructure for Hawke’s Bay and the opportunity for the Committee to become a key advisory or advocacy group.

21. The sub-group considered that the Committee potentially had a more aspirational role to play in governance in this area. However, in the absence of any clear decisions about the construct of the new entities this was not able to be pursued in any detail.

22. The JWG workshop traversed the future role of the Joint Working Group in any future decisions about the Joint Committee. The consensus is that there is value in retaining the JWG for several reasons including:

22.1. the Havelock North Board of Inquiry recommended the establishment of collaborative cross-agency groups to ensure improved communications and understanding between those agencies on drinking water matters. The JWG arose from the Board of Inquiry.

22.2. the JWG has strong input from a public health perspective, which does not appear to be prevalent in the development of the new infrastructure entities. This will provide additional support in this important area.

22.3. given the level of reform there will be the need to develop new policies and by-laws, and potentially codes of practice, and the JWG would be a suitable vehicle for working through these collaboratively.

23. At its meeting on 2 July 2021, the Hawke’s Bay Drinking Water Governance Joint Committee considered the future of the Committee within the wider ambit of Three Waters Reform and resolved:

23.1. That the Committee recommends to the Hawke’s Bay Regional Council and all other member agencies that they consider whether:

23.1.1. The Hawke’s Bay Drinking Water Governance Joint Committee should be disestablished, having regard to the functions for which it was set up, and the progression of its workplan, such that governance oversight of drinking water safety would be transferred to the Regional Leaders’ Forum who may consider incorporating the appropriate representation requirements, particularly public health, and Iwi.

23.1.2. The Hawke’s Bay Drinking Water Joint Working Group should be retained and report directly to the Regional Leaders’ Forum, with a report on its future institutional and administrative support to be prepared for consideration and approval by the Regional Leaders’ Forum.

Regional Leaders’ Forum

24. Following the Joint Committee resolution, the future of the DWJC was raised at the Regional Leaders’ Forum later in July 2021. The Forum’s view is that the oversight of the broader Three Waters Reform in Hawke’s Bay should continue to occur at the Leaders’ Forum level. The Regional Leaders believe that the DWJC has achieved what it was established to do; to oversee the work of the Joint Working Group in implementing the Board of Inquiry recommendations and the evolution of the JWG into a more permanent Working Group, and that the Joint Committee should be placed in abeyance.

25. The ongoing oversight of the JWG’s work programme will be undertaken directly by the Regional Leaders.

26. The next meeting of the Hawke’s Bay Drinking Water Governance Joint Committee is scheduled for November 2021. By then it is expected that there will be greater clarity around the transitioning to the Government’s proposed water entities and a need to define how the relationships between Entity C and Hawke’s Bay’s councils will be developed.

27. The Regional Leaders’ Forum has given a good deal of time and thought to how the Region could transition to a new working relationship with the central government entities – Taumata Arowai and especially Entity C – and believe that now is a good time to start planning for a Hawke’s Bay solution that will ensure transparency and accountability for our communities. This will involve the creation of a new governance entity to which the CEs of the five councils, the CE of the DHB (on drinking water matters) and the CE of Entity C would report.

28. Considering this, the most appropriate next steps to take are to put the Hawke’s Bay Drinking Water Governance Joint Committee into abeyance, beginning with the cancellation of November 2021 meeting, and to instruct the Working Group to report, in the interim, to the Regional Leaders’ Forum on a regular basis.

29. As an interim measure, and until a new governance entity is established, the Joint Working Group will report to the Regional Leaders’ Forum on its workplan.

Strategic Fit

30. The governance and management of drinking water safety aligns with the five councils’ strategic priority for the 2019-22 triennium - water safety, security, and planning.

31. It is not proposed to reduce either governance or management for water safety, security and planning, but for the governance to occur through a different vehicle, being the Regional Leaders’ Forum.

Significance and Engagement Policy Assessment

32. A decision on putting the Joint Committee into abeyance is not significant under the criteria contained in the Hawke’s Bay Regional Council’s adopted Significance and Engagement Policy, and therefore the Council can exercise its discretion and make decisions on the issue without conferring directly with the community or persons likely to have an interest in this decision.

Financial and Resource Implications

33. The costs of both the Joint Committee and Working Group lie where they fall - with each member agency paying for the costs of their own representation, and joint costs (for independent Chair, independent consultant, and any agreed consultancy work) being divided amongst them.

34. Should the decision be made to disestablish the Committee or put it into abeyance and continue with the Working Group, a separate paper will be prepared for the Regional Leaders’ Forum on the institutional and administrative support required for the ongoing operation of the JWG. It is noted that working group membership includes agencies not currently represented at the Regional Leaders Forum, for example, public health.

Decision Making Process

35. 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:

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

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

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

35.4. 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 “Future of Hawke’s Bay Drinking Water Governance Joint Committee” 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. In its role as a member agency of the Hawke’s Bay Drinking Water Governance Joint Committee, supports:

3.1. Placing the Hawke’s Bay Drinking Water Governance Joint Committee into abeyance with governance oversight of drinking water safety being transferred to the Regional Leaders’ Forum, who may consider incorporating the appropriate representation requirements, particularly public health, and Iwi.

3.2. Retention of the Hawke’s Bay Drinking Water Joint Working Group with it reporting directly to the Regional Leaders’ Forum, with a report on its future institutional and administrative support to be prepared for consideration and approval by the Regional Leaders’ Forum.

Authored by:

Liz Lambert

Consultant

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

James Palmer

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

25 August 2021

Subject: Regional Marine Oil Spill Tier 2 Contingency Plan for Hawke’s Bay

Reason for Report

1. The Hawke’s Bay Regional Council has a statutory responsibility under the Maritime Transport Act 1994 to maintain a Regional Marine Oil Spill Contingency Plan for Hawke’s Bay, otherwise known as a Tier 2 Plan.

2. Under Section 290 of the Maritime Transport Act 1994, the Council is required to review its Tier 2 Spill Response Plan every three years. The current plan has been reviewed and was approved by Maritime New Zealand on 13 July 2021. It now needs to be formally adopted by the Council.

Background

3. The purpose of the Tier 2 plan is to provide a planned and regionally co-ordinated response to any marine oil spill within the region that is beyond the resources of the persons who have caused the marine oil spill or that has not been appropriately responded to by such persons.

4. The review of the Hawke’s Bay Tier 2 plan commenced in 2020. Following Maritime New Zealand guidance, areas identified as priority for protection were evaluated using a national environment risk assessment process, including the identification of waters holding significance to Marae and hapū.

5. While the structure of the document remains fundamentally the same as it is consistent with the national format, the review also updated the plan to include lessons learnt during practical exercises held over the previous three years.

6. As required under section 291 of the Maritime Transport Act 1994, the draft plan was put out for public consultation between the 15^th of January and the 5^th of February 2021 to Tangata Whenua representatives, the Department of Conservation and to people and organisations with coastal interests.

7. Four submissions were received from:

7.1. Port of Napier

7.2. Hawke’s Bay District Health Board

7.3. Hawke’s Bay Oiled Wildlife Response Team

7.4. Lisa Pearse.

8. The Plan was amended in response to those submissions, and submitters were sent replies and notified of appropriate changes. It was then submitted to Maritime New Zealand and approved on 13 July 2021.

Financial and Resource Implications

9. Maritime New Zealand provides Hawke’s Bay with sufficient equipment, training, and resources to allow it to effectively respond to larger maritime oil spills (Tier 2 spills) within the coastal marine area. In the event of a larger or more catastrophic spill, the response can be lifted to a national level (Tier 3).

10. The plan provides financial authority for the appointed Regional On-Scene Commanders to expend up to $250,000 in a response, subject to Plan requirements and Maritime New Zealand qualifications

11. Costs of response are recovered from the spiller or from the Maritime Pollution Fund administered by Maritime New Zealand

Next Steps

12. Maritime New Zealand has approved the revised plan; the Council now needs to formally adopt it as well.

Decision Making Process

13. Hawke’s Bay Regional Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (The Act). The requirements contained in Part 6, Sub Part 1 of the Act have been assessed in relation to this item and the following conclusions have been made:

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

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

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

13.4. The persons affected by this decision are all Hawke’s Bay Rate payers, coastal communities and the maritime industry.

13.5. The Council has a statutory responsibility under the Maritime Transport Act 1994 to maintain a Regional Marine Oil Spill Contingency Plan for Hawke’s Bay and to review that plan every three years, therefore, no alternative options have been considered.

13.6. Given the nature and significance of the issue to be considered and decided, the Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

13.7. Council staff have consulted with people and organisations with coastal interests including Tangata Whenua, and submissions received have been considered.

Recommendations

That Hawke’s Bay Regional Council:

1. Receives and considers the “Regional Marine Oil Spill Tier 2 Contingency Plan for Hawke’s Bay” staff report.

3. Adopts the Regional Marine Oil Spill Contingency Plan for Hawke’s Bay (Tier 2 Plan) as approved by Maritime New Zealand on 13 July 2021.

4. Agrees that, notwithstanding the Council’s resolution under Section 2.1.4.1 of the Financial Delegations Policy, the Regional On-Scene Commander is delegated financial authority pursuant to Section 4 of the Public Bodies Contracts Act 1959 to expend up to $250,000; and that Team Managers may expend up to $5000 in response to a Tier 2 event in accordance with provisions within the Council’s Tier 2 Oil Spill Contingency Plan, and subject to the provisions of the Maritime Transport Act 1994.

Authored by:

Rob Hogan

Manager Compliance

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

Hawke's Bay Regional Marine Oil Spill Contingency Plan

Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

25 August 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 87

DP 9684

CT B3/1018

- Agreement for Sale and Purchase

1.1.2 Lot 86

DP 9684

CT B3/1017

- Agreement for Sale and Purchase

1.1.3 Lot 87

DP 9684

CT B3/1018

- Agreement for Sale and Purchase

4461

4462

4463

30 July 2021

17 August 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. 1 cross lease property was sold, with 65 remaining on Council’s books

3.2. no single leasehold property was sold, with 80 remaining on Council’s books.

Decision Making Criteria

4. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

4.1 Sections 97 and 88 of the Act do not apply

4.2 Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided

4.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision-making process.

Recommendations

That Hawke’s Bay Regional Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

2. Confirms the action to affix the Common Seal.

Authored by:

Diane Wisely

Executive Assistant

Ross Franklin

Acting Chief Financial Officer

Approved by:

James Palmer

Chief Executive

Attachment/s

There are no attachments for this report.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Recommendation from the Finance, Audit and Risk Sub-committee	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.

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.

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