Meeting of the Hawke's Bay Regional Council
Date: Wednesday 15 December 2021
Time: 11.00am
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Venue:
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Council
Chamber
Hawke's
Bay Regional Council
159
Dalton Street
NAPIER
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Agenda
Item Title Page
1. Welcome/Karakia/Apologies/Notices
2. Conflict
of Interest Declarations
3. Confirmation of Minutes of
the Regional Council Meeting held on 24 November 2021
4. Presentation
of Environmental Certificates of Appreciation 3
5. Follow-ups
from Previous Regional Council Meetings 5
6. Call
for Minor Items Not on the Agenda 9
Decision
Items
7. Proposed
Schedule of 2022 Council and Committee Meetings 11
8. Affixing
of the Common Seal 15
Information
or Performance Monitoring
9. Report
from the HB Civil Defence Emergency Management Group Joint Committee Meeting 17
10. Verbal
Presentation of the 3D Aquifer Mapping Story Board
11. Councillors'
Reports from Meetings of Outside Bodies 19
12. Discussion
of Minor Items not on the Agenda 21
Decision
Items (Public Excluded)
13. HBRIC
Chair Remuneration (Late item to follow) 23
HAWKE’S
BAY REGIONAL COUNCIL
Wednesday 15 December 2021
Subject: Presentation of
Environmental Certificates of Appreciation
Reason for Report
This item
introduces the recipients to be presented with their Environmental Certificates
of Appreciation.
Recommendation
That
Hawke’s Bay Regional Council awards the following Environmental
Certificates of Appreciation:
1. To Alfred Busch, Nga Kaitiaki o Hohepa
for Environmental Action in the Community – Te Oho Mauri Taiao ki te
Hapori
2. To Jenny Baker for Environmental
Action in the Community – Te Oho Mauri Taiao ki te Hapori
3. To the Pirimai Residents Association
for Environmental Action in the Community – Te Oho Mauri Taiao ki te
Hapori
4. To the Forest Lifeforce
Restoration Trust for Environmental Leadership in Land Management – Te
Hautūtanga Taiao me te Whakahaere Whenua.
Authored by:
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Leeanne Hooper
Team Leader
Governance
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Approved by:
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Desiree Cull
Strategy
& Governance Manager
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Attachment/s
There are no attachments for this
report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 15 December 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 since the last
Council meeting.
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:
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Leeanne Hooper
Team Leader
Governance
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Approved by:
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Desiree Cull
Strategy
& Governance Manager
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Attachment/s
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1⇩
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Follow-ups for December 2021 Council
meeting
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Follow-ups
for December 2021 Council meeting
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Attachment 1
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HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 15 December 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 12:
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Leeanne
Hooper
GOVERNANCE
TEAM LEADER
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James
Palmer
CHIEF
EXECUTIVE
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HAWKE’S BAY REGIONAL COUNCIL
Wednesday 15 December 2021
SUBJECT: Proposed Schedule of 2022 Council and
Committee Meetings
Reason for Report
1. This item proposes the
schedule of meetings for Council and its committees for the upcoming year for
adoption.
Officers
Recommendation
2. Staff recommend that
Council adopts the schedule as proposed.
Background
3. Council traditionally
adopts a Schedule of Meetings for the following year by October each year,
incorporating:
3.1. One Regional Council
meeting scheduled on the last Wednesday of each month
3.2. Environment &
Integrated Catchments Committee (EICC) scheduled every second month
3.3. Regional Transport Committee
(RTC) meetings scheduled on a Friday, four times per year
3.4. Finance, Audit & Risk
Sub-committee (FARS) meetings scheduled quarterly, to align with Risk and Audit
reporting timeframes
3.5. Corporate & Strategic
Committee meetings scheduled quarterly, after FARS meetings and aligned with
organisational performance (including financial) reporting timeframes
3.6. HB CDEM Group Joint
Committee meetings coordinated to occur on the same day as Regional
Leaders’ Forum meetings, three to four times per year
3.7. Clifton to Tangoio Coastal
Hazards Strategy Joint Committee meetings scheduled approximately every eight
weeks
3.8. Timeframes for Annual Plan
and Annual Report development, consultation and Audit.
4. The proposed 2022 schedule
of meetings (attached) has been developed taking the following additional
factors into consideration.
4.1. With the exception of CDEM,
RTC and Joint Committee meetings, all meetings to be held on a Wednesday
4.2. One week of each school
holiday period is kept free of meetings
4.3. Keep the entire July school
holidays free of meetings
4.4. Discussions at recent
Strategic Governance workshops to have All Governors hui or workshops at
regular intervals throughout the year with less frequent formal Regional
Planning Committee and Māori Committee meetings
4.5. Audit NZ constraints and
Annual Report adoption deadlines extended by Central Government as a result of
Covid-19.
Decision Making Process
5. Council is 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:
5.1. The Council is required to (LGA sch.7
cl.19(1)) hold the meetings that are necessary for the good government of its
region.
5.2. Adoption of a schedule of
meetings is specifically provided for under Schedule 7, Part 1, Section 21.
5.3. Given the provisions above,
Council can exercise its discretion and make these decisions without consulting
directly with the community or others
having an interest in the decision.
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Recommendation
That Hawke’s Bay
Regional Council:
1. Receives and considers
the “Proposed Schedule of 2022 Council and Committee Meetings”
staff report.
2. Agrees that Council can
exercise its discretion and make these decisions without consulting directly
with the community or others having an interest in the decisions
3. Adopts the 2022 Schedule
of Meetings as proposed, subject to change and to agreement with the Regional
Planning and Māori Committee Co-chairs.
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Authored by:
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Leeanne Hooper
Team Leader
Governance
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Approved by:
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James Palmer
Chief
Executive
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Attachment/s
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1⇩
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Proposed 2022 Meetings Schedule
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Proposed
2022 Meetings Schedule
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Wednesday 15 December 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.
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Seal No.
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Date
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1.1
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Staff Warrants
1.1.1 D.
McKibbin
(Delegations
under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and
Clause 32B Schedule 7 of the Local Government Act 2002)
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4478
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24
November 2021
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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. 65 cross lease properties remaining on
Council’s books
3.2. 77 single leasehold properties
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:
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Diane Wisely
Executive
Assistant
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Ross Franklin
Acting
Chief Financial Officer
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Approved by:
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James Palmer
Chief
Executive
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Attachment/s
There are no attachments for this
report.
HAWKE’S
BAY REGIONAL COUNCIL
Wednesday 15 December 2021
Subject: Report from the HB
Civil Defence Emergency Management Group Joint Committee Meeting
Reason
for Report
1. This item provides a
summary of discussions at the 22 November 2021 meeting of the Hawke’s Bay
Civil Defence Emergency Management Group Joint Committee (HB CDEMG JC).
Agenda Items
2. The Hawke’s Bay CDEM Review decision item enabled
the Joint Committee to consider a review carried out by ContextusSolutions Ltd.
Ross McLeod, which highlighted:
2.1. Significant
strengths in current CDEM arrangements
2.2. Commitment and
collective responsibility from all councils is required
2.3. Shared
information systems and a common response platform are required as a priority
2.4. Response
arrangements need to be well understood and strengthened
2.4.1. Supporting
local leadership can be difficult with a centralised response structure
2.4.2. Planning and
hazard reduction activities have been well managed.
2.5. Response,
welfare and recovery aspects could be strengthened
2.5.1. Council staff
resourcing, and response training needs more focus
2.5.2. Cooperation
with Māori organisations worked well. Further engagement is being planned
or is underway.
2.5.3. A change
programme with 5 priority workstreams has been developed. This is expected to
be completed by October 2022.
3. The Joint Committee
endorsed the report and the CDEM Coordinating Executive Group will oversee the
change programme to action the report recommendations.
4. The Regional Drought
Relief Fund decision item sought and was granted approval for the remaining
funds from the Regional Drought Relief Fund ($10,691.64) to be committed the
East Coast Rural Support Trust.
5. A verbal update from
the National Emergency Management Agency (NEMA) covered:
5.1. Changes to the
CDEM Act under way with a consultation period in January/February 2022
5.2. The Act will be
written by June and is expected to be passed into law in December 2022.
Decision Making Process
6. Staff have assessed the requirements
of the Local Government Act 2002 in relation to this item and have concluded
that, as this report is for information only, the decision-making provisions do
not apply.
Recommendation
That Hawke’s Bay Regional
Council receives and notes the “Report from the 22 November 2021 HB
Civil Defence Emergency Management Group Joint Committee meeting”.
Authored by: Approved
by:
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Peter
Martin
Senior Governance Advisor
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Ian
Macdonald
Group Manager/Controller
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Attachment/s There are no attachments
for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 15 December 2021
Subject: Councillors' Reports
from 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 TBFree 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 Meetings of Outside
Bodies”.
Authored by:
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Leeanne Hooper
Team Leader
Governance
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Approved by:
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James Palmer
Chief
Executive
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Attachment/s
There are no attachments for this
report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 15 December 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 6.
HAWKE’S
BAY REGIONAL COUNCIL
Wednesday 15 December 2021
Subject: HBRIC Chair
Remuneration
That Hawke’s Bay Regional
Council excludes the public from this section of the meeting, being Agenda Item
13 HBRIC Chair Remuneration 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:
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GENERAL SUBJECT OF THE ITEM TO BE
CONSIDERED
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REASON FOR PASSING THIS RESOLUTION
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GROUNDS UNDER SECTION 48(1) FOR THE
PASSING OF THE RESOLUTION
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HBRIC Chair Remuneration
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7(2)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.
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The Council is specified, in the First Schedule to this
Act, as a body to which the Act applies.
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Authored by:
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Kishan Premadasa
Management
Accountant
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Approved by:
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Jessica Ellerm
Group
Manager Corporate Services
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