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Terms of
Reference and other details
TERMS OF REFERENCE
1.
To develop or approve all major policy of
Council and to deal with all other issues concerning the Council’s
responsibilities which have not otherwise been delegated to Committees of
Council or the Council’s Chief Executive and which are not the responsibility
of the Chief Executive but require Council consideration.
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MEMBERS:
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All elected
members of the Council
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CHAIRMAN:
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Chairman of
the Council being:
Fenton
Wilson
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DEPUTY
CHAIRMAN:
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Elected
Deputy Chairman being:
Ewan McGregor
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MEETING
FREQUENCY:
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Generally
the fourth Wednesday of each month
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STAFF
EXECUTIVE:
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Chief
Executive
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TERMS OF REFERENCE
1.
To consider and accept tenders which exceed
the delegated authority of the Chief Executive.
2.
To consider and decide on exemptions to
Council’s Contracts and Tenders policy as set out in section 2.1.4.2 of
Council’s policy handbook.
3.
The quorum is a majority of members of the
Committee.
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MEMBERS:
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The Chairman of the Council being:
Fenton Wilson
The Deputy Chairman of the Council
Councillor
Ewan McGregor
The Chairs of Strategic Planning and Finance Committee,
AMBS, Environmental Management Committees.
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CHAIRMAN:
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Chairman of the Council being:
Fenton Wilson
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MEETING FREQUENCY:
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As required
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STAFF EXECUTIVE
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Chief Executive
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That the Terms of Reference for the Tenders Committee be left
lie on table until later in the meeting.
Scott/Rose
CARRIED
That the Terms of Reference for the
Tenders Committee be confirmed.
Scott/Rose
CARRIED
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TERMS OF REFERENCE
1.
To make recommendations to the Council on
matters of relevance affecting the tangata whenua of the Region, and to help
fulfil the Maori consultative requirements of the Council particularly with
regard to the principles of the Treaty of Waitangi and the Local Government
Act 2002.
2.
To prepare, within the first six months of the
Committee’s establishment, a work plan for the Committee which will set out
in general terms what the Committee aims to achieve over its three year term.
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MEMBERS:
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Three elected members of the Council
being:
Tim
Gilbertson
Liz
Remmerswaal
Ewan
McGregor
The Chairman of the Council ex officio being:
Fenton
Wilson
Twelve
representatives nominated by the Tangata Whenua who are to be appointed at
the first meeting of the Committee by the three elected members of the
Council and with Tangata Whenua Members of the Maori Committee able
to propose to the Committee short term replacements to attend in their
place if they are unable to attend any meeting with one representative
nominated from each of the following groups:
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(Yet to be confirmed)
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Kaumatua
(Wairoa)
Kahungunu
Executive (Wairoa)
Wairoa
Taiwhenua (Wairoa)
Kaumatua
(Hastings)
Heretaunga
Executive (Hastings)
Heretaunga
Taiwhenua (Hastings)
Tamatea
Executive (Central Hawke’s Bay)
Kaumatua
(Central Hawke’s Bay)
Tamatea
Taiwhenua (Central Hawke’s Bay)
Kaumatua
(Napier)
Te Whanganui
a Orotu Taiwhenua (Napier)
Ahuriri
Executive (Napier)
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CHAIRMAN:
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A Tangata
Whenua member of the Committee as elected by the Committee.
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MEETING
FREQUENCY:
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Bi-monthly
but with the Chairman of the Committee authorised to arrange additional
meetings should the need arise with the fourth Tuesday in the month being
the normal meeting day.
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STAFF
EXECUTIVE:
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Chief
Executive
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Resolution:
That the Terms of Reference for the Maori Committee be
adopted.
McGregor/Scott
CARRIED
REGIONAL TRANSPORT
COMMITTEE
TERMS OF REFERENCE
1.
To prepare for approval by the Council, the
regional land transport strategy and to consider any other issues related to
Transport which have a Regional impact.
2.
Determine the governance arrangements for Road
Safe Hawke’s Bay.
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MEMBERS:
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Two elected
members of the Regional Council being:
Councillor
Alan Dick
Councillor
Liz Remmerswaal
One
representative, as appointed by Council, from each of the following
organisations who are able to propose to the Committee short term
replacements to attend in their place if they are unable to attend any
meeting:
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Wairoa
District Council
Hastings
District Council
Napier City
Council
Central
Hawke's Bay District Council
New Zealand
Transport Agency
Economic
Development representatives (1)
Access and
mobility representative
Public
Health representative
Safety and
personal security representative
Environmental
sustainability representative
Cultural
interest representative
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CHAIRMAN:
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A member of
the Committee as elected by the Council being: Councillor Alan Dick
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DEPUTY
CHAIRMAN: Cr L
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Cr Liz
Remmerswaal
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MEETING
FREQUENCY:
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At least six
monthly.
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STAFF
EXECUTIVE:
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Group
Manager Strategic Development
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Resolution:
That the current Terms of Reference be adopted noting
that the Regional Transport Committee will consider these at their meeting in
December 2010, following that any changes made to the Terms of Reference will
be presented back to Council.
Dick/Scott
CARRIED
ENVIRONMENTAL MANAGEMENT
COMMITTEE
TERMS OF REFERENCE
1.
Policy
·
To consider and recommend to Council
strategies, policies and rules, and other methods, for inclusion into the
Regional Resource Management and Coastal Plans so as to satisfy the
requirements of the Resource Management Act 1991 and any National Policy
Statements and National Environmental Standards issued by Government, and any
relevant associated legislation.
·
To consider and recommend to Council
strategies, policies and guidelines to ensure effective implementation of
plans, administrative processes, compliance monitoring and enforcement
activities, to satisfy the requirements of the Resource Management Act 1991
and any relevant associated legislation.
·
To consider and recommend to Council
strategies, policies and by-laws and compliance and enforcement programs
relating to maritime and navigational safety under the Maritime Transport
Act.
2.
Implementation
·
To recommend to Council annual work
programmes, within the context of the adopted Annual Plan, for wetland
enhancement and environmental education.
·
To periodically review the effectiveness of
Council's policy implementation initiatives and make recommendations to
Council for any changes.
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To recommend to Council management plans or
any similar such documents for the effective implementation of these
programmes of Council.
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To consider and recommend to Council all other
policy implementation issues of Council.
3.
Environmental Monitoring and Research
·
To consider and recommend to Council
environmental monitoring strategies and research and investigation
programmes.
·
To consider technical reports on the findings
of research and investigations into the impact of activities and recommend to
Council the development of new policy frameworks based around such
information.
4.
Compliance and Enforcement
·
To consider reports on the effectiveness of
Council’s compliance monitoring and enforcement activities, and to recommend to
Council the response to issues arising from such reports.
5.
Financial Authority
·
To recommend to the Strategy and Finance
Committee consideration of possible financial implications of specific
initiatives.
6.
Advocacy and Liaison
·
To receive reports and liaise with Territorial
Local Authorities on Environmental Management issues as necessary.
·
To assist with the co-ordination of services
between the Regional Council, other relevant local authorities and other
entities/groups.
7.
Statutory Process
·
To authorise the resolution and settlement of
appeals and references on proposed regional policy statements and regional
plans though formal hearings or mediation before the Environment Court and to
either generally or from time to time delegate to officers the authority to
resolve and settle any appeals and references through formal mediation before
the Environment Court.
·
To consider and authorise the lodging of an
appeal or reference to the Environment Court against a decision of a
territorial authority or an application or designation or proposed plan or
plan change or variation on which the Regional Council had lodged a formal
submission.
·
Use of Delegated Powers – this committees may, without confirmation by the local authority
that made the delegations, exercise or perform them in the like manner and
with the same effect as the local authority could itself have exercised or
performed them, provided that the decision deserves urgency and the decision
to make the resolution a decision of Council is carried unanimously.
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MEMBERS:
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All
Councillors
Two
appointed members of the Maori Committee being:
(Yet to be confirmed)
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CHAIRMAN:
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A member of
the Committee as elected by the Council being:
Councillor
von Dadelszen
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DEPUTY
CHAIRMAN:
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The Chairman
of Council or in his absence the Deputy Chairman of Council
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MEETING
FREQUENCY:
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Generally on
the second Wednesday of each second month
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STAFF
EXECUTIVE:
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Group
Manager Resource Management
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Resolution:
That the Council adopt the terms of reference for the
Environmental Management Committee, as amended, to ensure functions under the
Resource Management Act are covered.
Scott/von Dadelszen
CARRIED 8/1
ASSET MANAGEMENT AND
BIOSECURITY COMMITTEE
TERMS OF REFERENCE
1.
To consider and recommend to Council policies
with regard to the Council responsibilities or involvement with Land Drainage
and River Control under the Local Government Act 2002, Land Drainage and
Rivers Control Act 1941 and Land Drainage Act 1908; and Biosecurity under the
Local Government Act 2002 and the Biosecurity Act 1993.
2.
To consider and recommend to Council policies
with regard to the Council responsibilities or involvement with Council’s
programme of hazard identification under the Civil Defence and Emergency
Management Act 2002.
3.
To consider technical reports completed as
part of the programme of work set out in Council’s Annual Plan and make any
associated recommendations to Council;
4.
To assist staff, where appropriate, in
identifying a preferred option and funding mechanism for Council
consideration for any biosecurity initiative or infrastructure asset
construction or improvement work and in promoting the preferred option to the
beneficiaries.
5.
To consider and recommend to Council in
relation to Land Management functions and operations.
6.
To receive reports and liaise with Territorial
Local Authorities on Infrastructure Asset Management, Land Drainage, River
Control and Biosecurity issues as necessary to assist with the co-ordination
of services between the Regional Council, other relevant local authorities
and other entities/groups.
7.
To recommend to the Strategy and Finance
Committee consideration of possible financial implications of specific
initiatives.
8.
Use of Delegated Powers for the Asset
Management and Biosecurity Committee – this
committees may, without confirmation by the local authority that made the
delegations, exercise or perform them in the like manner and with the same
effect as the local authority could itself have exercised or performed them,
provided that the decision deserves urgency and the decision to make the
resolution a decision of Council is carried unanimously.
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MEMBERS:
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All
Councillors
Two
appointed members of the Maori Committee being:
(Yet to be confirmed)
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CHAIRMAN:
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A member of
the Committee as elected by the Council being:
Councillor
Kevin Rose
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DEPUTY
CHAIRMAN:
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The Chairman
of Council or in his absence the Deputy Chairman of Council
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MEETING
FREQUENCY:
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Generally on
the second Wednesday of every third month
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STAFF
EXECUTIVE:
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Group
Manager Asset Management
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Resolution:
That the terms of reference for this
committee be adopted as amended.
Scott/Gilbertson
Carried 8/1
The meeting
adjourned at 10.20am and reconvened at 10.40am
Resolution:
That the Council hold workshops on 7 and 8 December
to consider priorities and strategic direction in relation to Council
committees.
von Dadelszen/McGregor
CARRIED
TERMS OF REFERENCE
To exercise the following delegations
1.
To consider and recommend to Council
processes, policies and guidelines to ensure effective management of resource
consent and plan development processes.
2.
Pursuant to Section 34(1) of the Resource
Management Act (RMA) the Hawke's Bay Regional Council delegate the following
functions, powers and/or duties under the RMA:
i) To
hear and make recommendations on submissions received on any statutory
documents prepared by Council which have been subject to a formal submission
process under the Resource Management Act 1991.
ii) To
hear and make decisions on applications arising out of the Council's
regulatory responsibilities as follows:
·
notified applications where submissions have
been made and submitters wish to be heard;
·
reviews of conditions (s.128) where consent
holder and/or submitters wish to be heard
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notified applications where submissions have
been made and where the Committee considers it necessary to hold a hearing;
·
objections to decisions made under delegated
authority by staff, where they wish to be heard (s.357);
·
where the staff recommendation is to decline
any application for reasons other than inadequate information;
iii) To
determine other related discretionary process matters that may be associated
with a hearing such as waivers of time, as appropriate under the Resource
Management Act 1991.
iv) To
hear and make decisions on objections against costs under Section 36(6) of
the Act and objections to the levying of Financial Contributions under
Section 108 of the Act.
v) To
hear and make decisions on lapsing of consents under Section 125 of the Act
where a decision of an officer acting under delegated authority is subject to
an objection.
3.
Pursuant to section 82 of the Biosecurity Act
(BA) the Hawke’s Bay Regional Council delegate the following functions,
powers and/or duties under the BA:
i) To
hear and make decisions on submissions received on any statutory documents
prepared by Council which have been subject to a formal submission process
under the Biosecurity Act.
ii) To
authorise the resolution and settlement of appeals and references through
formal hearings or mediation before the Environment Court or any other
judicial body which relate to the preparation of any statutory documents
prepared under the Biosecurity Act by the Council and to either generally or
from time to time delegate to officers the authority to resolve and settle
appeals and references through formal mediation.
4.
The Hawke’s Bay Regional Council delegate to
the Hearings Committee Chairman, the appointment of Hearings Committee
members to a Hearing Panel to undertake the functions set out above in 2(ii),
2(iii), 2(iv) and 2(v) and the appointment of the Chair of the Hearing Panel.
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MEMBERS:
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Four elected
and accredited Members of Council; and up to three members of the Maori
Committee, nominated by the Chair of the Maori Committee.
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Councillor Christine Scott
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Councillor von Dadelszen
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Councillor Fenton Wilson
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Councillor Tim Gilbertson
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HEARING PANEL COMPOSITION:
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The Hearing
Panel sitting to make decisions relating to 2(ii),
2(iii), 2(iv) and 2(v) above shall comprise any combination of:
Up
to three accredited members of the Hearings Committee
Up
to three accredited Commissioners
If
considered advisable in any particular case by the Chairman of the
Committee, an accredited member of the Council’s Maori Committee.
Also when
appropriate, the Chair of the Standing Committee when hearings directly
relate to policy originating from that Committee.
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The Hearing
Panel Chair has a Casting vote.
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CHAIRMAN:
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Councillor
Christine Scott
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DEPUTY CHAIRMAN:
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A member of
the Committee as elected by the Council being:
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MEETING FREQUENCY:
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As is
required
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STAFF EXECUTIVE:
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Group
Manager Resource Management
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QUALIFICATIONS:
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Except as
indicated above, (relating to the Chair of a Standing Committee all Members
of the Panel must be accredited pursuant to section 39B of the Resource
Management Act 1991.
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Resolutions:
That the Terms of Reference for the Hearings Committee be
left to lie on the table
Gilbertson/Kirton
CARRIED
And that no appointment be made at this stage for the Deputy
chair position for the Hearings Committee.
Scott/Rose
CARRIED
STRATEGIC PLANNING AND
FINANCE COMMITTEE
1.
Responsible for considering and recommending
to Council strategic planning initiatives including development of the
Council’s Strategic Plan and other strategic initiatives with external
stakeholders including District and City Councils.
2.
To consider the resourcing implications of
strategic initiatives.
3.
To consider major financial matters arising
from other Committees’ recommendations.
4.
To consider and recommend to Council on risk
and audit issues.
5.
To consider the issues raised in the Audit
Reports on the LTCCP and Annual Report as provided by Council's Audit
provider, Audit New Zealand.
6.
To consider and recommend to Council the
strategic direction for Council's investment portfolio.
7.
To consider and recommend to Council, where
appropriate, the sale or acquisition of Council investments.
8.
Use of Delegated Powers for the Strategic
Planning and Finance Committee – this committee
may, without confirmation by the local authority that made the delegations,
exercise or perform them in the like manner and with the same effect as the
local authority could itself have exercised or performed them, provided that
the decision deserves urgency and the decision to make the resolution a
decision of Council is carried unanimously.
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Members:
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All Councillors
Two
appointed members of the Maori Committee being: the Chairman of the Maori
Committee and one other nominee from the Maori Committee.
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Chairman:
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A member of
the Committee as elected by the Council being:
Councillor
Fenton Wilson
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Deputy Chairman:
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The Chairman
of Council, or in his absence the Deputy Chairman of Council
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Meeting Frequency:
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Generally on
the fourth Wednesday of every second month
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Staff Executive:
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Chief
Executive, Group Manager Strategic Development and Group Manager Corporate
Services and other staff as required.
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Resolution:
That the Terms of Reference for the Strategic Planning
and Finance Committee be adopted.
Dick/Gilbertson
CARRIED
JOINT REGIONAL PLANNING COMMITTEE
PROVISIONAL TERMS OF REFERENCE
1.
Purpose
To oversee the review and development of the regional policy
statement and regional plans for the Hawke’s Bay region, as required under
the Resource Management Act 1991.
2.
Specific Responsibilities
·
To agree and adopt a work programme for the
review of Council’s plans and policy statements prepared under the Resource
Management Act 1991.
·
To review the operative Regional Resource
Management Plan, including the regional policy statement
·
To prepare any changes to the Regional
Resource Management Plan, including the regional policy statement
·
To prepare any variations to the Proposed
Regional Coastal Environment Plan
·
To review the Regional Coastal Environment
Plan as required, once it is operative
·
To recommend to Council any of the above
reviewed Plans, Proposed Plans, Plan Changes or Plan Variations for public
notification in accordance with the First Schedule of the Resource Management
Act 1991.
·
To oversee consultation as required under the
First Schedule of the Resource Management Act 1991.
·
To recommend appointments to hearings
committees or hearings panels that hear and decide upon submissions on
proposed regional planning documents, proposed variations and proposed plan changes.
·
To authorise the resolution and settlement of
appeals and references on proposed regional policy statements and regional
plans though formal hearings or mediation before the Environment Court and to
either generally or from time to time delegate to officers the authority to
resolve and settle any appeals and references through formal mediation before
the Environment Court.
·
To monitor the effectiveness of plan
provisions in accordance with section 35 of the Resource Management Act and
incorporate the monitoring outcomes into a review of the Committee’s work
programme
Note: The final Terms of
Reference will be confirmed by Council prior to the first meeting of the
Committee
Resolution:
That the Terms of Reference for
the Joint Regional Planning Committee be left to lie on the table.
Gilbertson/Kirton
CARRIED
CIVIL DEFENCE EMERGENCY
MANAGEMENT GROUP JOINT COMMITTEE
TERMS OF REFERENCE
1. PARTIES
1.1
Each of the following local authorities is a
Member of the Hawke’s Bay Civil Defence Emergency Management Group:
Central Hawke’s Bay District Council
Hastings District Council
Hawke’s Bay Regional Council
Napier City Council
Wairoa District Council
2. JOINT COMMITTEE
2.1 In
accordance with the Civil Defence Emergency Management Act 2002, the Civil
Defence Emergency Management Group is a Joint Committee of the Members
established under the Local Government Act 1974 and maintained after 1 July
2003 under the Local Government Act 2002.
3. DEFINITIONS
For the purpose of these Terms of Reference:
3.1
“Act” means the Civil Defence Emergency
Management Act 2002, which repealed and replaced the Civil Defence Act 1983.
3.2
“CDEM Group” means the Hawke’s Bay Civil
Defence Emergency Management Group (CDEM Group).
3.3
“Co-ordinating Executive Group” (the CEG)
means the Co-ordinating Executive Group to be established under section 20 of
the Civil Defence and Emergency Management Act 2002 and clause 19 of this
Terms of Reference.
3.4
“Group Controller” means a person
appointed under section 26 of the Civil Defence and Emergency Management Act
2002 and clause 8.1.1 of this Terms of Reference as a Group Controller.
3.5
“Hawke’s Bay Region” for the purposes of
this document means the Hawke’s Bay region as defined in the Local Government
(Hawke’s Bay Region) Reorganisation Order 1989, excluding the parts of
Rangitikei and Taupo District Councils falling within the area administered
by the Hawke’s Bay Regional Council.
3.6
“Member” means a Local Authority that is
a member of the Civil Defence Emergency Management Group that is the subject
of this document.
4. PURPOSE OF
TERMS OF REFERENCE
4.1
The purposes of this Terms of Reference are
to:
(a) Provide for the establishment of the CDEM Group in fulfilment of
the Member’s obligations under section 12 of the Act;
(b) Define the responsibilities of the CDEM Group as delegated to the CDEM Group by the Members; and
(c) Provide for the administrative arrangements of the CDEM Group.
5. OBJECTIVES OF THE CDEM GROUP
5.1 The functions, powers and duties of the
CDEM Group are specified in the Act. To assist the CDEM Group meet the
requirements of the Act, the Group adopts the following objectives:
To ensure that hazards (as defined in
the Act) and the consequential risks are identified and assessed;
To ensure an effective and efficient
region-wide civil defence emergency management capability to respond to and
recover from emergencies (as defined in the Act);
To facilitate effective and efficient
emergency management through partnership and co-ordination amongst the
organisations represented on the Co-ordinating Executive Group and the
utility organisations that operate within the region; and
To promote appropriate mitigation of the
risks.
6. FORMATION AND MEMBERSHIP OF THE CDEM
GROUP
6.1
Pursuant to section 12 of the Act the Parties
must unite to establish a CDEM Group as a Joint Committee under section 114S
of the Local Government Act 1974.
6.2
The Joint Committee will be known as the
Hawke’s Bay Civil Defence Emergency Management Group (CDEM Group).
6.3
Rangitikei District Council, whose district is
in the area of both the Hawke’s Bay Regional Council and Manawatu-Wanganui
Regional Council, has chosen to become a member of the Manawatu-Wanganui
Civil Defence Emergency Management Group. This choice is irrevocable under
section 14(3) of the Act.
6.4
Taupo District Council, whose district is in
the area of Hawke’s Bay Regional Council, Bay of Plenty Regional Council and
Waikato Regional Council has chosen to become a member of the Waikato Civil
Defence Emergency Management Group. This choice is irrevocable under section
14(3) of the Act.
6.5
The Members of the CDEM Group will be the
Hawke’s Bay Regional Council and all those territorial authorities that lie
wholly within the boundaries of the Hawke’s Bay region. Each member is to be
represented on the CDEM Group by one person only, being the Mayor or Chairman
of that local authority or an alternate representative who has been given the
delegated authority to act for the Mayor or Chairman.
6.6
An alternate representative must be an elected
person from that local authority under section 13(4) of the Act.
6.7
Under section 114S(4) of the Local
Government Act 1974, and section 30(9) Schedule 7 of the Local Government Act
2002, the powers to discharge any representative on the CDEM Group and
appoint his or her replacement shall be exercisable only by the Member that
appointed the representative being discharged.
7. REQUIREMENT TO MAINTAIN THE CDEM GROUP
7.1 Section 12(2) of the Act, section 114P(5)
of the Local Government Act 1974, and clause 30(5) Schedule 7 of the Local
Government Act 2002, must not be read as permitting any Member to discharge
or reconstitute the CDEM Group.
It is the responsibility of each Member of the CDEM Group to ensure that they
have a representative available to participate in the CDEM Group, as soon as
practicable after their representative is no longer able to represent that
Member for whatever reason, with the same delegated functions, duties and
powers as their predecessor.
8. DELEGATED AUTHORITY
The CDEM Group has the responsibility delegated by the Members to:
8.1 appoint a group controller
8.1.1 Appoint in
accordance with section 26 of the Act, a suitably qualified and experienced
person to be the Group Controller for the Hawke’s Bay region.
8.1.2 Appoint a suitably qualified and
experienced person(s) to exercise the functions, powers and duties of the
Group Controller in the event of a vacancy in or absence in the office of
Group Controller.
8.1.3 Delegate to the Group Controller the
functions set out in section 28 of the Act.
8.2
appointment
of local controllers
8.2.1 Appoint in accordance with section 27 of
the Act and following consultation with the relevant Members, one or more persons
to be a Local Controller.
8.3
appoint
person who may declare state of local emergency
8.3.1 Appoint in accordance with section 25 of
the Act, and following consultation with the relevant Members, at least one
representative of a Member of the CDEM Group as a person authorised to
declare a state of local emergency within the Hawke’s Bay Region.
8.4
prepare,
approve, implement and review civil defence emergency management group plan
8.4.1 In accordance with sections 48 to 57 of the
Act, prepare, and after consultation approve a CDEM Group Plan
8.4.2 In accordance with section 17 of the Act,
implement and monitor the CDEM Group Plan within the costs that each Member
has agreed to pay.
8.4.3 In accordance with section 56 of the Act,
review the CDEM Group Plan.
8.5
exercise
powers to perform its functions
8.5.1 In accordance with section 18(1) of the
Act, all the powers that are reasonably necessary or expedient to enable the
CDEM Group to perform its functions, including the power to delegate any of
its functions to Members, the Group Controller, or any other person.
8.5.2 In accordance with section 18(2) of the
Act:
(a)
Recruit and train volunteers for civil defence
emergency management tasks; and
(b)
Conduct civil defence emergency management
training exercises, practices, and rehearsals; and
(c)
Issue and control the use of signs, badges,
insignia, and identification passes authorised under the Act, regulations
made under the Act, or the civil defence emergency management plan; and
(d)
Ensure the provision, maintenance, control,
and operation of warning systems; and)
(e)
Ensure the provision of communications,
equipment, accommodation, and facilities for the exercise of the CDEM Group’s
functions and powers during an emergency; and
(f)
Exercise any other powers that are necessary
to give effect to the CDEM Group’s Civil Defence Emergency Management Plan.
8.6
maintain
the co-ordinating executive group
8.6.1 In accordance with section 20 of the Act,
establish and maintain a Co‑ordinating Executive Group consisting of:
(a)
The chief executive officer of each Member or
a senior person acting on that person's behalf; and
(b)
A senior representative of the Police assigned
for the purpose by the Commissioner of Police; and
(c)
A senior representative of the Fire Service
assigned for the purpose by the National Commander; and
(d) The chief executive of a District Health
Board in Hawke’s Bay representing the District Health Board in Hawke’s Bay,
or a person acting on their behalf; and
Any other persons that may be co-opted by the CDEM Group to assist
the CEG to undertake its responsibilities.
9. POWERS NOT
DELEGATED
9.1 Section 114Q of
the Local Government Act 1974 and Clause 32 Schedule 7 of the Local
Government Act 2002 specifically exclude powers of delegation to make a rate,
bylaw, borrow money, purchase or dispose of assets (and other powers).
9.2 The determination of internal staff
structures of individual Members necessary for the delivery of services
required under the Act or the CDEM Group Plan.
9.3 The determination of funding for
implementing the CDEM Group Plan.
10. REMUNERATION
10.1 Each Member of the CDEM Group shall be
responsible for remunerating its representative on the CDEM Group for the
cost of that person’s participation in the CDEM Group.
11. MEETINGS
11.1 The New Zealand Standard for model
standing orders (NZS 9202: 2001), or any New Zealand Standard substituted for
that standard, will be used to conduct CDEM Group meetings as if the CDEM
Group were a local authority and the principal administrative officer of the
Hawke's Bay Regional Council or his nominated representative were its
principal administrative officer.
11.2 Other standing orders may be used, subject
to the agreement of the CDEM Group, and in accordance with section 19(1) of
the Act.
11.3 The CDEM Group shall hold all meetings at
such frequency, times and place(s) as agreed for the performance of the
functions, duties and powers delegated under this Terms of Reference.
However there will be at least two meetings per year.
11.4 The quorum shall consist of three (3)
members.
12. VOTING
12.1 In accordance with section 114Q of the
Local Government Act 1974 and clause 32(4) Schedule 7 of the Local Government
Act 2002, at meetings of the CDEM Group each Member’s representative has full
authority to vote and make decisions within the delegations of this Terms of
Reference on behalf of that Member without further recourse to that Member.
12.2 Members shall use their best endeavours to
avoid use of a casting vote by obtaining majority consensus.
12.3 Each Member has one vote.
12.4 A casting vote shall not be used
unreasonably in favour of one Member.
12.5 As general statements of principle, a
casting vote is to be used in the best interests of the Hawke’s Bay region.
13. ELECTION OF CHAIRMAN AND DEPUTY
CHAIRMAN
13.1 On the constitution or reconstitution of
the CDEM Group Members shall elect a CDEM Group Chairman and may elect a
Deputy Chairman;
13.2 The Group’s Chairman and Deputy Chairman
will hold office for an initial term up to the local body elections in
October 2004, and thereafter a term of three years or such a lesser period as
may be determined by the CDEM Group. The term of office of an appointed
Chairman or Deputy Chairman ends if that person ceases to be a representative
of a Member of the CDEM Group.
14. ADMINISTERING AUTHORITY
14.1 In accordance with the section 23 of the
Act, the administering authority for the CDEM Group is Hawke’s Bay Regional
Council.
14.2 In accordance with section 24(2) of the
Act, the administrative and related services referred to in clause 14.1
of these Terms of Reference, include services required for the purposes of
the Act, or any other Act, regulation, or bylaw that applies to the conduct
of the joint standing committee under section 114S of the Local Government
Act 1974, and clause 30 Schedule 7 of the Local Government Act 2002.
15. GOOD FAITH
15.1 In the event of any circumstances arising
that were unforeseen by the parties at the time of adopting this Terms of
Reference, the parties hereby record their intention that they will negotiate
in good faith to add to or vary this Terms of Reference so to resolve the
impact of those circumstances in the best interests of:
(a) The Members of the CDEM Group collectively;
and
(b) The Hawke’s Bay community represented by the
Members of the CDEM Group collectively.
16. VARIATIONS
16.1 Any Member may
propose a variation, deletion or addition to the Terms of Reference by
putting the wording of the proposed variation, deletion or addition to a
meeting of the CDEM Group.
16.2 Once a proposed variation, deletion or
addition to this Terms of Reference has been put to the CDEM Group, this
Terms of Reference is not amended until each Member adopts the revised terms
of Reference giving effect to the proposed variation, deletion or addition.
16.3 Notwithstanding clause 16.2, the CDEM Group
may amend the Terms of Reference, where the changes will not materially
affect the commitment of any individual Member.
17. REVIEW OF THE TERMS OF REFERENCE
17.1 The Terms of Reference will be reviewed
and if appropriate amended by the CDEM Group at its meeting following the
adoption of its Group Plan and any subsequent amendments to or revisions of
that Plan.
17.2 The adoption of an amended Terms of
Reference revised under clause 17.1 will be undertaken in accordance with
section 16.
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MEMBERS:
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An elected
member of the Regional Council with the delegated authority of Council to
act for the Chairman of the Hawke’s Bay Regional Council being:
Councillor
Fenton Wilson
The Mayor or
an elected member of the following local authorities with the delegated authority
to act for the Mayor:
Wairoa
District Council (being Les Probert)
Napier
City Council (being Barbara Arnott)
Hastings
District Council (being Lawrence Yule)
Central
Hawke’s Bay District Council (being Peter Butler)
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CHAIRMAN:
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A member of
the Committee as elected by the Committee: being:
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DEPUTY
CHAIRMAN
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A member of
the Committee as elected by the Committee: being:
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MEETING
FREQUENCY:
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As required
but at least twice annually
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STAFF
EXECUTIVE:
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Chairman
Co-ordinating Executive Group
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Resolution:
That the Terms of Reference for the Civil Defence
Emergency Management Group Joint Committee be adopted.
Scott/Rose
CARRIED
2. Establishes, in
principle a new joint Committee for Regional Planning, with membership
comprising equal representation of Councillors, and non-Councillors from the
Treaty claimant groups and note that the Environmental Management Committee
will consider joint plans and RMA functions in the meantime.
3. Re-establishes the Maori
Committee, with a review of its role in 12 months.
Scott/von
Dadelszen
CARRIED
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