Agenda of Regional Council Meeting

	Agenda Item	Action	Person Responsible	Due Date	Status Comment
1.	Record parts of Council Meetings or Events upon invitation to play back on Bay FM during evenings or on a Sunday.		AN CG	Feb 2011	BayFM have visited the Council Chamber, they will come back to CE if they are progressing this further.
2.	Strategic Partnerships	Bring paper to Council for discussion	AN/LL	May 2011
3.	Ruataniwha Stakeholders Meeting	Advise Crs of dates of meetings	AN/BC	March 2011	Schedule still to be resolved will be reported at March Council Meeting.
4.	Land Management Work programmes	A further report on resourcing issues be prepared	MA/AN	Early 2011	Discussed at Council workshop on 7/8 December.
5.	Warrants	More info to be provided through Common Seal reports	BL/DW	Feb 2011	Actioned.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 23 February 2011

SUBJECT: Affixing of Common Seal

COMMENT:

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 360

DP 11329

CT B3/1323

- Transfer

1.1.2 Lot 25

DP 921

CT B3/1145

- Agreement for Sale and Purchase

- Transfer

1.1.3 Lot 37

DP 12309

CT D2/504

- Agreement for Sale and Purchase

- Transfer

1.1.4 Lot 41

DP 13039

CT E2/1224

- Agreement for Sale and Purchase

3010

3013

3020

3014

3019

3023

13 December 2010

20 December 2010

1 February 2011

5 January 2011

1 February 2011

15 February 2011

1.2

Subvention Agreement

Port of Napier Limited and Hawke’s Bay Regional Council

3011

15 December 2010

1.3 P

Certificate of Compliance

Under Section 245 of the Resource Management Act 1991

- Reclamation of land – PONL

3012

15 December 2010

1.4

Staff Warrants

1.4.1 H. Fraser (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

1.4.2 P. Hall (Delegations under Resource Management Act 1991; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

1.4.3 M. Letica (Delegations under Resource Management Act 1991; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

1.4.4 R.Thomas (Delegations under Resource Management Act 1991; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

3015

3016

3017

3018

14 January 2011

20 January 2011

1.5

CLIVE RIVER STOPBANK ACQUISITION OF EASEMENT (stopbank reconstruction)

1.5.1 Deed of Grant of Easement

1.5.2 Compensation Certificate

3019

3020

8 February 2011

1.6 HEAD

HEADS OF AGREEMENT

Part Lot 61 Deeds 380

(construct new stopbank part Upper Tukituki Flood Control Scheme)

3024

16 February 2011

DECISION MAKING PROCESS

2. 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:

2.1 Sections 97 and 88 of the Act do not apply;

2.2 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;

2.3 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.

RECOMMENDATION:

That Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Confirm the action to affix the Common Seal.

Diane Wisely

Executive Assistant

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 23 February 2011

SUBJECT: Terms of Reference - Hearings Committee

REASON FOR REPORT

1. At the beginning of each triennium, Council is required to adopt a Terms of Reference for the Hearings Committee. As well, the Hearings Committee recommends that Council establishes updated delegations to Hearings Committee members and the Chairman, as well as the appointment of a Hearings Committee Deputy Chair.

Background

2. At the 3 November 2010 Council meeting of this triennium, Councillors re-established the Hearings Committee. Council discussed the Terms of Reference for the Hearings Committee where a comment was made that there needs to be some distinction between the Hearings Committee and the Hearings Panel. Council also thought that further discussion was required about the Committee’s ability to exercise its duties and be clear what can be done under the Resource Management Act. Following this discussion, Council agreed that the Terms of Reference for the Hearings Committee would lie on the table.

3. The members of the Hearings Committee are Councillors Wilson, von Dadelszen, Scott and Gilbertson.

Hearings Committee Workshop

4. On 18 November 2010 all Hearings Committee members participated in a Workshop with the following agenda:

4.1. Review of Draft Terms of Reference

4.2. Hearings Panel composition

4.3. Key Performance Indicators

4.4. Recommendations to Council.

Review of Terms of Reference

5. Hearings Committee members reviewed the Terms of Reference from last Triennium and made changes considered appropriate. The proposed revised Terms of Reference is attached. All Hearings Committee members have agreed and endorsed this Terms of Reference and recommend it for Council adoption as amended.

Hearing Panel Composition

6. This agenda item addressed the question of whether to retain the ability of Council to appoint elected members to Hearing Panels. The Hearings Committee felt that the ability to appoint elected members to Hearing Panels should be retained for the following reasons:

6.1. Less cost to applicants

6.2. Elected members are bound by internal, formally adopted Council policies

6.3. Councillors are democratically elected to make key decisions on natural resource use in the Hawke’s Bay region

6.4. Panels made up solely of independent commissioners such as scientific and legal practitioners do not always give sufficient weight to social/community/local issues as required by the RMA

6.5. Decision making at a local level by elected members is consistent with the recommendations of the Land and Water Forum and with the combined Regional Council position paper on freshwater management

6.6. Applicants have the legal ability, following recent amendments to the RMA, to request independent commissioners.

7. Notwithstanding the above reasons the Committee agreed that in many cases ‘mixed’ panels made up of elected members and independent commissioners often provide the best panel composition as has been the practice over the last 6 years.

Key Performance Indicators (KPIs)

8. The Hearings Committee has signalled the intention to formulate and adopt a set of KPIs as a measure of any Hearing Panel’s performance at its next meeting (to be scheduled in March). The draft KPIs resulting from this meeting will then be recommended to Council for adoption.

9. As a further measure of Hearing Panels’ effectiveness and processes, staff have been instructed to develop a feedback form for Hearing participants (applicants and submitters).

DECISION MAKING PROCESS

10. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded the following:

10.1. Sections 97 and 98 of the Act do not apply as these relate to decisions that significantly alter the service provision or affect a strategic asset.

10.2. Sections 83 and 84 covering special consultative procedure do not apply.

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

10.4. Section 80 of the Act covering decisions that are inconsistent with an existing policy or plan does not apply.

10.5. 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 having given due consideration to the nature and significance of the issue to be considered and decided, and also the persons likely to be effected by or have an interest in the decisions to be made.

RECOMMENDATIONS

That Council :

2. Adopts the Terms of Reference for the Hearings Committee

3. Elects a Deputy Chair of the Hearings Committee

4. Delegates to the Hearings Committee Chair or Council Chairman, the ability to appoint independent commissioners to Consent Hearing Panels or Pre-hearings as required.

Darryl Lew

Group Manager Resource Management

Attachment/s

1 View

Hearings Committee Terms of Reference

Hearings Committee Terms of Reference

Attachment 1

HEARINGS COMMITTEE

TERMS OF REFERENCE

To exercise the following delegations from the Hawke’s Bay Regional Council.

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 1991 (RMA) the Hawke's Bay Regional Council delegates appropriate Hearing Panels to exercise the following functions, powers and/or duties under the RMA 1991:

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

· 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;

· Conduct Pre-hearings subject to s.99 of the RMA.

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 delegates to appropriate Hearing Panels 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 delegates to the Hearings Committee Chairman, the appointment of elected councillors and Maori Committee members who hold certification from the ‘Making Good Decisions’ course to Hearing Panels 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 Panels.

MEMBERS:	Any members of Council; and up to three members of the Maori Committee, nominated by the Chair of the Maori Committee.

HEARING PANEL COMPOSITION AND QUALIFICATIONS:	A Hearing Panel sitting to make decisions relating to 2(ii), 2(iii), 2(iv) and 2(v) above must be comprised of: accredited commissioners, with at least one of the Panel members being accredited as a Chairperson. A Hearing Panel may be comprised of elected councillors, HBRC Maori Committee members or independent commissioners who meet the above criteria.
	The Hearing Panel Chair of any Hearing Panel has a Casting as well as a deliberative vote.

CHAIRMAN:	A member of the Hearings Committee as elected by the Council.

DEPUTY CHAIRMAN:	A member of the Committee as elected by the Council.

MEETING FREQUENCY:	As is required

STAFF EXECUTIVE:	Group Manager Resource Management

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 23 February 2011

SUBJECT: Triennial Agreement

REASON FOR REPORT:

1. Under section 15 of the Local Government Act 2002 (the Act) all local authorities are required to enter into a triennial agreement not later than 1 March after each triennial general election. The specific requirements of the Act are specified below:

“15. Triennial agreements—

(1) Not later than 1 March after each triennial general election of members, all local authorities within each region must enter into an agreement containing protocols for communication and co-ordination among them during the period until the next triennial general election of members.

(2) Each agreement must include a statement of the process for consultation on proposals for new regional council activities.

(3) After the date specified in subsection (1), but before the next triennial general election of members, all local authorities within each region may meet and agree to amendments to the protocols.

(4) An agreement remains in force until replaced by another agreement.”

2. The Regional Council has prepared the proposed Triennial Agreement (attached) which is now being presented to all Councils who are parties to the agreement. This exercise to be completed by the required date of 1 March. The agreement is presented to Council for specific consideration.

Background:

3. The first Triennial Agreement was entered into in December 2003 and this document forms the basis of the new Triennial Agreement. There are several key changes to the content, compared to previous agreements:

3.1. The key content changes to the Agreement are as follows:

Section 8: (New Section). The Resource Management Act now requires that the process of consultation between local authorities in relation to the preparation of, or change to, the Regional Policy Statement, as required by Schedule 1, Clause 3A of the Resource Management Act is stated in the Triennial Agreement.

Section 5: Principles, and Section 6: General Approach (Amendments to Existing Sections). The changes to these sections signal a greater emphasis in this triennium on collaborative, co-operative and shared services opportunities that may wish to be considered between two or more Councils. This follows on from reports and initial discussions already being considered by Councils and acknowledges a greater community desire to consider rationalisation and efficiencies.

4. The draft Agreement is attached as an appendix to this paper and has been circulated to all other local authorities in the region who are likewise now considering the document. The Agreement attached is relatively self-explanatory and contains all the material which it is required to include. It is proposed as part of the Council approval process to obtain authority for each Council’s respective Chief Executive Officer to approve changes to the Agreement that may be proposed by other local authorities but which do not materially affect the content of the document. If more substantial changes are required then the agreement will be resubmitted to Council for approval.

DECISION MAKING PROCESS:

5. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded the following:

5.1. Sections 97 and 98 of the Act do not apply as these relate to decisions that significantly alter the service provision or affect a strategic asset.

5.2. Sections 83 and 84 covering special consultative procedure do not apply.

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

5.4. Council does not have an option but to adopt the Triennial Agreement as this is a statutory requirement contained within the Local Government Act.

5.5. Section 80 of the Act covering decisions that are inconsistent with an existing policy or plan does not apply.

5.6. 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 having given due consideration to the nature and significance of the issue to be considered and decided, and by direction provided by statute on the contents of this agreement.

RECOMMENDATIONS:

That the Council :

2. Considers the Triennial Agreement that has been prepared in accordance with the requirements contained within the Local Government Act 2002 and the Resource Management Act 1991 and after making amendments, if any, approve signing of the Agreement by the Chairman and Chief Executive on behalf of Council.

3. Grants the Chief Executive delegated authority to approve changes to the draft Triennial Agreement that may be proposed by other local authorities in the Hawke’s Bay Region which will not materially affect the contents of the Agreement, as approved by Council at this meeting.

Liz Lambert

Group Manager External Relations

Andrew Newman

Chief Executive

Attachment/s

1 View

Triennial Agreement document

Triennial Agreement document

Attachment 1

1. PARTIES

The signatories to this Triennial Agreement (the Agreement) are:

Primary Signatories:

(those local authorities whose boundaries are completely encompassed within the Hawke's Bay Region)

· Central Hawke's Bay District Council

· Hastings District Council

· Hawke's Bay Regional Council

· Napier City Council

· Wairoa District Council

Non-Primary Signatories:

(those local authorities whose boundaries bisect the Hawke's Bay Region and whose principal identification is with another Region)

· Rangitikei District Council

· Taupo District Council

This Agreement applies to all local authorities in the Hawke's Bay Region. However, it is recognised that for Non-Primary Signatories, the degree of involvement in various aspects of the Agreement will be in proportion to the degree to which these parties assess how they will benefit or be affected by decisions, issues, proposals or other matters.

2. STATEMENT OF INTENT

This Agreement represents the shared desire of local governments in the Hawke's Bay region to work collaboratively, to maximise effectiveness and efficiency, and to promote well-being in their respective communities.

This agreement is deemed to duly constitute fulfilment of the requirements of section 15 of the Local Government Act 2002.

3. INTRODUCTION

The Local Government Act 2002 (the Act) encourages collaboration between local authorities and other agencies and organisations to promote community wellbeing. The Act particularly encourages councils to collaborate with one another, and this agreement provides one framework for that.

While established and empowered by the same legislation, the Local Government Act 2002, and other legislation such as the Resource Management Act 1991, recognise that regional councils and territorial authorities have different responsibilities as local government entities. These differences provide an important context for collaboration between the Councils. The requirements contained in legislation for collaboration between Local Authorities are summarised in Appendix One to this Agreement.

The Agreement is effective from the date of signing until such time as the Agreement is either amended by the agreement of all parties or is renewed following the 2013 local authority elections which must be before 1 March 2014.

4. PURPOSE

Through this Agreement, local authorities are encouraged to work together, where appropriate, to promote the well-being of their communities, in all of its social, economic, environmental and cultural aspects, consistent with the principles of sustainable development. This Agreement provides an opportunity for improved communication and co-ordination at all levels of Local Government in the Hawke's Bay Region.

It is recognised that a significant level of formal and informal co-operation already exists between Hawke’s Bay local authorities.

5. PRINCIPLES

Signatories to this Agreement agree to work together in good faith for the good governance of their localities and the Region.

Signatories to this Agreement:

· Acknowledge that the communities within the Region are diverse and encompass a range of desired outcomes and objectives.

· Support the establishment of processes for communication and collaboration at both governance and management levels in ways that will enhance the overall performance and reputation of local government in the region.

· Recognise that collaboration and co-operation between local authorities of the Region can bring efficiencies in terms of planning, administration costs and decision-making and consultation. It also has the potential to increase available resources and promote co-operative approaches in making strategic choices.

· Will investigate further opportunities for collaboration, co-operation and shared services between local authorities of the Region in addition to those prescribed by statute or already being undertaken.

· Agree that collaborative or shared services opportunities may occur between two or more parties to this Agreement, but not in every case between all parties to this Agreement. Although collaboration and co-operation are outcomes that should be strived for, each local authority has the legislative mandate to govern their own area as appropriate.

· Will make every effort to accommodate, acknowledge, or at least fairly represent the dissenting view where some parties to this Agreement have a significant disagreement with the position of other parties to the Agreement.

· Will show leadership to ensure the implementation of this Agreement makes a positive difference for Hawke’s Bay.

6. GENERAL APPROACH TO COMMUNICATION AND CO-ORDINATION

Signatories to this Agreement will:

1. Hold meetings of Mayors and the Regional Chairman and Chief Executive Officers from the primary signatories at least annually to formally communicate and co-ordinate on matters of mutual interest and to review the performance of the Agreement. Meetings will be arranged and minutes kept on a rotating basis by the primary signatories, and minutes distributed to all parties to the Agreement. This does not preclude meetings being arranged, on request, by Councils other than the Council next on the rotation. All public communications from these meetings shall be approved by all participants prior to their release.

2. Share resources where feasible, on such information as demographics, survey data, scientific studies and the analysis of social, economic, environmental and cultural trends.

3. Work together, as far as practical, to develop a common process for identifying community outcomes in order to minimise costs and the consultation burden on the public.

4. Develop joint approaches, where appropriate, to engage Government agencies and other organisations.

5. Develop joint approaches to measuring and reporting on progress toward community outcomes.

6. Investigate the development and implementation of shared services arrangements for the Hawke’s Bay Region.

7. Provide early for notification of, and participation in, decisions that may affect other local authorities in the region.

8. Make draft strategies, policies, and plans available to other local authorities in the region for discussion and development, where they may have regional implications or implications beyond the boundaries of the decision-making council.

9. Apply a “no surprises” policy whereby early notice will be given over disagreements between local authorities concerning policy or programmes before the matter is put out to the public.

10. Establish, as necessary, other forums at both political and operational levels that will help enhance and achieve the purpose of this Agreement.

11. Provide a process for initiating reviews of regional forums that are not working optimally in the view of one or more signatories.

These approaches to communication and co-ordination will be used when preparing, reviewing or changing any parts of the Regional Policy Statement and will be the agreed consultation process for the purposes of section 3A of the First Schedule of the Resource Management Act.

The parties to this agreement recognise that the Regional Policy Statement may contain matters that affect other local authorities in the region and can have regional implications.

7. SIGNIFICANT NEW ACTIVITIES PROPOSED BY HAWKE'S BAY REGIONAL COUNCIL

If the Regional Council or a Regional Council controlled organisation proposes to undertake a significant new activity, and these activities are already undertaken or proposed to be undertaken by one or more territorial authorities within the region, Section 16 of the Act applies.

However, in the spirit of this Agreement, the parties agree to an expanded consultation and communication process. The parties agree to discuss the issues involved at the annual meetings (see 6(1) above), and to provide drafts of proposals to affected Councils for early comment in accordance with the requirements of sections 77-89 of the Local Government Act (decision-making and consultation).

The parties also agree that prior to implementing the formal provisions of Section 16 (2 and 3);

· the Regional Council will inform all territorial authorities within the region of:

- the nature of the activity proposed to be undertaken

- the scope of the proposal (including size, districts covered, and why)

- the reasons for the proposal.

· territorial authorities will be given a reasonable period of time, but no less than 40 working days, to respond to any such proposal. The Regional Council agrees to fully consider any submissions and representations on the proposal made by territorial authorities within the region.

Should the mediation processes outlined in Section 16(4) be initiated, the parties agree to the following process.

If no agreement on a mediator is forthcoming a mediator will be appointed by the President of the Hawke's Bay District Law Society. If mediation is unsuccessful, any of the local authorities affected may ask the Minister of Local Government to make a binding decision on the proposal. The cost of mediation will be met equally by the parties that have agreed to the mediation.

8. CONSULTATION IN RELATION TO REGIONAL POLICY STATEMENT

For the purposes of meeting the requirements of Schedule 1, Clause 3A, to the Resource Management Act, the consultation process to be used by affected local authorities in relation to policy statements will follow the process outlined below:

Stage 1: Pre-Plan Preparation

Meaningful discussion will occur at a staff level to allow:

· A wide range of issues and options to be discussed

· Free, open and frank discussions without prejudice

· Best use of professional resources to evaluate techniques and options

Once a good understanding has been obtained of the

· Reasons for the policy statement review or change

· Minor policy differences and their basis

· Significant policy differences and their basis

the parties will decide if further progress can be made to resolve those differences and a process and timeframe to move forward should be established.

Stage 2: Draft Policy Statement Change

When a policy statement review or change reaches a draft stage and before it has been adopted by Council for consultation, it shall be forwarded to Councils in the region (where they have an interest) for their comment. Parties will err on the side of inclusion rather than exclusion.

The general principles of comments from recipient councils should be as follows:

· Comments on a draft policy statement change would be semi-formal to the extent that they would generally be

- Discussed with or reported to the Council; and

- Represent the organisational view

· Comments on a draft policy statement change should be preceded by a summary of the position reached through pre-consultation

· Staff focus should be on policy implications with an emphasis on matters of difference already identified. Constructive commenting on style or grammar should be confined to informal exchanges between peers eg as emails.

Stage 3: Notified Policy Statement Change

Once a reviewed policy statement or change to the policy statement has been publicly notified under the First Schedule to the RMA, matters in contention between the parties should be clearly identified and well understood.

Any new matters introduced into the policy statement likely to be of interest to the recipient councils should be clearly communicated by HBRC and include the reasons for inclusion at this stage.

Submissions should be formal and be supported by policy and other relevant documentation or evidence including (but not limited to):

· LTCCP

· Other statutory documents including asset management plans, growth management plans, strategies and district plans

· Relevant operational requirements and corporate activities

Stage 4: Appeals to the Environment Court

Given the significant cost, resource and relationship impacts of appeals, best endeavours should be made to reach agreement on matters of significant difference prior to this stage. Differences of professional opinion will arise at times, however, and it is recognised that these can benefit from Environment Court decisions.

Nothing in this Agreement shall interfere with the rights, functions or duties given by statute to any party.

9. SUPPORT SERVICES

Responsibility for providing all support services under this Agreement shall be shared on a rotating basis. Support services will include:

· Secretarial services

· Media and communications contact (including the provision of information to the public on request) in relation to matters covered in the Agreement.

Hawke's Bay Regional Council will be the first Council responsible for servicing this Agreement.

Responsibility for servicing, and making media comment on behalf of, existing specific regional and sub-regional forums, will lie within those specific forums.

10. DISPUTE RESOLUTION

In the event of a disagreement between the Councils as to the interpretation or implementation of this Agreement, and/or that disagreement between the Councils as to the interpretation or implementation of this Agreement to vary the terms of this Agreement in accordance with s.15(3) of the Act, then the matter in dispute will be referred to mediation. If the Councils cannot agree on the appointment of a mediator, the President of the Hawke's Bay District Law Society will be requested to appoint the mediator. The costs of the mediation shall be borne by the Councils in equal shares.

11. SIGNATORIES

This Agreement is signed on this day of 2011 by the following on behalf of their respective authorities.

PRIMARY SIGNATORIES:

CENTRAL HAWKE'S BAY DISTRICT COUNCIL	HASTINGS DISTRICT COUNCIL
......................................................................	......................................................................
Mayor	Mayor
......................................................................	......................................................................
Chief Executive	Chief Executive

HAWKE'S BAY REGIONAL COUNCIL	NAPIER CITY COUNCIL
...................................................................... ......................................................................	..........................................................................
Chairman	Mayor
...................................................................... ......................................................................	..........................................................................
Chief Executive	Chief Executive

WAIROA DISTRICT COUNCIL

...................................................................... ......................................................................

Mayor

...................................................................... ......................................................................

Chief Executive

NON PRIMARY SIGNATORIES:

RANGITIKEI DISTRICT COUNCIL	TAUPO DISTRICT COUNCIL
......................................................................	...................................................................... ......................................................................
Mayor	Mayor
......................................................................	...................................................................... ......................................................................
Chief Executive	Chief Executive

Triennial Agreement document

Attachment 1

APPENDIX ONE: LEGISLATIVE CONTEXT

LOCAL GOVERNMENT ACT 2002

Section 15 requires that:

1. Not later than 1 March after each triennial general election of members, all local authorities within each region must enter into an agreement containing protocols for communication and co-ordination among them during the period until the next triennial general election of members.

2. Each agreement must include a statement of the process for consultation on proposals for new Regional Council activities.

3. After the date specified in subsection (1), but before the next triennial general election of members, all local authorities within each region may meet and agree to amendments to the protocols.

4. An agreement remains in force until replaced by another agreement.

Section 273 requires that:

All local authorities within a region on 1 July 2003 must, before the close of 31 December 2003, enter into an agreement under section 15 (Triennial Agreement), which agreement must contain protocols for communication and co-ordination among them during the period until the next triennial general election of members.

In addition, other sections of the LGA also require collaboration:

Section 14(e) –

A local authority should collaborate and co-operate with other local authorities and bodies as it considers appropriate to promote or achieve its priorities and desired outcomes, and make efficient use of resources.

Section 16 – (summary)

If a Regional Council, or a Regional Council-controlled organisation, proposes to undertake a significant new activity, the Regional Council must advise all the territorial authorities within its region of the proposal and seek their agreement.

Section 91(3)(a) –

The local authority –

(a) must, before finally deciding on that process, take steps –

i. to identify, so far as practicable, other organisations and groups capable of influencing either the identification or the promotion of community outcomes; and

ii. to secure, if practicable, the agreement of those organisations and groups to the process and to the relationship of the process to any existing and related plans.

Section 92(2) –

… The local authority must seek to secure the agreement of organisations and groups identified under section 91(3)(a) to the monitoring and reporting procedures including the incorporation of any research, monitoring, or reporting undertaken by those organisations and groups.

RESOURCE MANAGEMENT ACT 1991

Schedule 1, Clause 3A – Consultation in relation to policy statements

1. A triennial agreement entered into under section 15(1) of the Local Government Act 2002 must include an agreement on the consultation process to be used by the affected local authorities in the course of –

a. Preparing a proposed policy statement or a variation to a proposed policy statement; and

b. Preparing a change to a policy statement; and

c. Reviewing a policy statement.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 23 February 2011

SUBJECT: Recommendations from the Strategic Planning and Finance Committee

REASON FOR REPORT:

1. The following matters were considered by the Strategic Planning and Finance Committee on Wednesday, 26 January 2011 and are now presented to Council for consideration and approval.

DECISION MAKING PROCESS:

2. These items have all been specifically considered at the Committee level.

RECOMMENDATIONS:

At the Strategic Planning and Finance Committee meeting further information was requested on comparison between annual rentals and mortgage payments. A letter from Mr Sean Bevin is attached to this paper which outlines this information.

Napier Leasehold Land - Socio Economic Impact Assessment:

That Council agrees

1. That the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. That Council implements a proactive approach in the future to assisting its residential lessees facing financial issues with regard to their rental payments, involving increased communication with lessees and the provision of financial support and assistance to lessees.

3. That with regard to increased communication with lessees, the Council establishes a dedicated ‘Lessee Service’ (including a total staff time allocation of 0.3 FTEs) within its organisation, providing the range of lessee services and activities indicated in Section 7.6 of Mr Bevin’s report.

4. That the ‘Lessee Service’, amongst other things, works closely with lessees facing financial hardship in the payment of their rentals, initially in preparing an application to Work and Income New Zealand for receipt of the Government’s Accommodation Supplement.

5. That the Deferred Rental Scheme remains the primary Council mechanism for providing financial support to lessees facing difficulty in making their rental payments.

6. That the following changes be made to the Deferred Rental Scheme in terms of its future application:

6.1 A minimum annual rental payment of $3,650 to be paid by all lessees using the scheme.

6.2 Interest to be charged annually on the deferred rental portion at the prevailing 90 day bank investment rate of interest, with the option of interest cost being added to the deferred annual lease principal.

6.3 The full legal costs to lessees of joining the Scheme be met by the Hawke’s Bay Regional Council.

7. That lessees who wish to join the Council’s Deferred Rental Scheme initially be requested to provide a formal indication of their current participation in the local authority Rates Rebate Scheme.

8. That the normal debt recovery process be instituted by the Council in the case of those lessees in arrears with their rental payments and who do not wish to join the Council’s Deferred Rental Scheme.

REGIONAL WATER STRATEGY REFERENCE GROUP:

That Council :

2. Approve the Terms of Reference for the External Reference Group for the development of Regional Water Strategy as amended (see attached).

3. Note the membership, to date, of the External Reference Group for the development of Regional Water Strategy as set out in the table.

4. Agree that 3 Hawke’s Bay Regional Councillors be part of the External Reference Group acting in an ex officio capacity.

Stakeholder Group	Name
Iwi	Marei Apatu, Heretaunga o Te Taiwhenua, Community Development Unit
	Dale Moffatt, Heretaunga o Te Taiwhenua, Community Development Unit
	Dr Adele Whyte, Director of Fisheries, Ngati Kahungunu Iwi Incorporated

Primary Producers	Ru Collins, Horticulture NZ – horticultural sector, Twyford Water User Group, LAWF involvement
	Hugh Ritchie, Drumpeel Land Company – sheep/beef/cropping sector, Irrigation NZ Board (stand in for Kevin Mitchell Federated Farmers)
	Mike Glazebrook, Te Tua and Washpool Station, Chair Ngaruroro Water User Group
	Paul Franklin, Springhill Dairies, dairy sector, Dairy Liaison Group
	Brett Gilmore, Pan Pac, HB Forestry Owners – forestry sector
	Evert Nijzinc,- viticultural sector
Industry / Business	Murray Douglas, Hawke’s Bay Chamber of Commerce
	Nikola Bass, Heinz Watties

Territorial Authorities	Mark Clews, Hastings District Council
	John Freeman, Central Hawke’s Bay District Council
	Johan Ehlers, Napier City Council
	Neil Cook, Wairoa District Council

Environmental	Jan Hania, Department of Conservation
	Peter McIntosh, Fish and Game HB
	Alastair Bramley, ECOED
	Lloyd Beech

Other	Dan Bloomer, Centre for Land and Water – irrigation expertise Dr Andrew Pearce – Natural Resource management/business expertise

Proposed regional tourism organisation (RTO)

1. That Council receive the information set out in this paper and specifically approve HBRC’s contribution to the financial budget to 30 June 2011 for the proposed Regional Tourism Organisation.

COUNCIL MEETING TIMETABLE

1. That Council confirm the proposed amended Committee dates until June 2011

Andrew Newman

Chief Executive

Attachment/s

1 View

Letter from S Bevin re further information on leasehold land

Letter from S Bevin re further information on leasehold land

Attachment 1

ESL letterhead FINAL.jpg

14 February 2011

Mr Paul Drury

Corporate Services Manager

HB Regional Council

Private Bag 6006

NAPIER

Dear Mr Drury

Leasehold Land – Further Information Request

In the course of my presentation on this matter to the Council in January this year, Councillors raised a query concerning the appropriateness of a straight-out comparison between the annual rentals paid by lessees and the annual level of mortgages paid by mortgagors living in freehold properties.

As I understand it, the Councillors concerned requested more information in relation to a comparison between the annual rental plus mortgage payments made by lessees at the present time versus the annual mortgage payments made by mortgagors living in freehold properties.

In response to this, I make the following points:

i) Section 3.20 of my report indicates that the current average annual rental of those lessees whose existing lease contracts expire during the next 10 years is in the range approximately $970-$1900. Some 60% of lessees currently pay an annual lease rental of $2000 or less, with 34% of these paying an annual rental of $1000 or less;

ii) Section 3.22 of my report indicates that according to the results of the lessee survey undertaken for the purposes of the report, approximately 60% of the owner-occupier lessees who responded to the survey currently have a mortgage on their properties;

iii) The lessee profile of annual mortgage payments is Under $5000-16% of lessees; 24% apiece for each of the $5001-$10,000, $10,001-$15,000 and $15,001-$20,000 categories; 9% for the $20,001-$25,000 and 3% for the $25,000 plus group;

iv) Section 3.21 of my report indicated that the last (2008/09) Statistics NZ household expenditure survey shows that average annual household spending on mortgage principal and interest payments in NZ is $6063.20.

v) Section 3.24 indicated that the current annual mortgage payments made by different household situations in HB ranges from about $2,616 for a superannuitant couple; $7,344 for a single-parent with children and receiving the DPB and possibly other benefit income; $11,028 for a single-parent with children and receiving income from employment and family assistance; $18,372 for a first-home buyer family and $23,892 for an established family with children.

vi) My further analysis indicates that in those cases where annual lessee rentals are $2000 or less, annual mortgage repayments of up to $5000 will result in total annual lessee rentals plus annual mortgage repayments, of up to $7000 (suggested cut-off level) currently. This repayment situation would appear to apply only to a relatively small proportion of lessees given that 16% of the lessees responding to the survey have annual mortgage repayments of $5000 or less. For those lessees with annual mortgage repayments in excess of $5000, their rental plus mortgage payment situation increases significantly above the $7000 mark. This applies to all the case studies in v) above, excluding the first household type.

vii) Further analysis of individual survey responses indicates the following:

· A current average annual leasehold rental of $2,874

· A current average annual mortgage repayment of $14,130

· A current average annual lease rental plus mortgage repayment of $17,004

· The rental plus mortgage range with the highest number of survey respondents is $15,001-$22,500.

viii) The above points indicate that the average rental plus mortgage costs of HB Regional Council lessees appear to be significantly above the mortgage costs of a number of the different household types living in freeholded properties. This situation will likely be exacerbated by rental increases following lease reviews.

I trust that this information addresses the query raised by the Councillors during the presentation.

Yours sincerely

Sean Sig

Sean Bevin

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 23 February 2011

SUBJECT: Monthly Work Plan Looking Forward

COMMENT:

The table below is provided for Councillors’ information, to provide them with an indication of issues and activities coming up over the next month in each area of Council.

Group	Area of Activity	Report to go to Council or Committee as indicated
Asset Management	· Review of Heretaunga Plains Scheme	Review options for changes to levels of service for Heretaunga Plains Flood Control and Drainage Scheme – Rivers including cost/benefit analysis of options in May.
	· Asset Management Plan reviews	Reviews of Asset Management Plans commenced. Committee approval for reviewed plans will be sought by November 2011.
	· Capital Works	Tenders for Plantation Drain project being assessed March
	· Biosecurity	Regional pest management strategy review discussion document being prepared for consideration by AM&B Committee in March.
	· Management of Coastal hazards at Haumoana Te Awanga	Peer review work continuing. Report on outcome of peer review work will be prepared with HDC staff and presented to Council or Council Committee in early 2011.
	· Land Management	Operational plan for 2011/12 year being prepared for consideration by AM&B Committee May 2011.
	· CHB District Council Waste Water project	System design and consenting progressing.
	· Mahia Waste water project	Forest establishment planned for winter 2011.
Resource Management	· Replacement resource consent applications in the Twyford area.	Hearings held and Hearings Panel have released first group of decisions (86), remainder of decisions (63) will be released 18 March 2011.
Strategic Development	· The Scenario report is now available and has been distributed. Positive feedback has been received. A Utilisation Plan to be prepared.	Utilisation Plan to SP&F Committee in March.
	· Regional Economic Development Strategy – This is an NZTE funded project (78%). HBRC is the contract holder and VHB is the primary service provider. Project Steering Group chaired by Cr Dick has met and an approach agreed to.	Ongoing
	· Project manage the 2 year Heretaunga Plains Transportation Study due to completion in August 2011.	Ongoing - Brief progress reports to Regional Transport Committee
	· NZTA funding approved for Wider Region Transport Study also due for completion in August 2011	As above
	· Development of the Water Strategy with input from the Reference Group that has been established. A Water Strategy programme has been prepared.	Present programme to April meeting of Environmental Management Committee.
	· Review of NES completed by government. Has some impacts on the ‘in principle’ agreement with Napier City Council.	Further discussion with NCC and Solid Energy.
	· 28 submissions received to public notification of Variation 1 (Rivermouth Hazard Areas) to the proposed Regional Coastal Environment Plan.	Further submissions have been called for as required by Schedule 1 process.
	· Work on the drafting of objectives and policies for RPS to incorporate HPUDS/ Stormwater and Wastewater.	Aiming to notify by Ocotber 2011.
	· Progress Taharua Strategy as per project plan.	Report on policy options to Environmental Management Committee in April.
Corporate Services	· Options for freeholding of Napier leasehold land.	March 2011 Council Meeting
	· Reassessment of the valuation methodology for freeholding Napier leasehold land.	March 2011 Council Meeting
	· Annual Budget 2011/12	Draft Budget to Council 16 March 2011
	· Proposed Joint Venture Agreement between RTO and Council.	April 2011 Council Meeting
	· Regional Public Transport Plan	First meeting of Project Team held in February. Discussion document to be drafted and sent out during March.
	· New bus services	Service improvements implemented in January have been very positive, trial Sunday services going well and services will now continue every Sunday.
External Relations	· Development of template for strategic partnership agreements	February 2011
	· Continuation of discussions with Treaty claimant groups on development of Regional Planning Committee ToR	Ongoing
	· Review of Healthy Homes Strategy priorities	Report to Healthy Homes Coalition February 2011.
Operations Group	· Pekapeka project – Initial foundation works are nearing completion on the Pekapeka bridges with the remaining above water structure and decking to complete over the next month.	Ongoing
	· Cycleways – Water ride funding approval received in February, with final work on land ownership approvals, easements and concessions to be completed prior to commencing construction. Napier City Council are concurrently working on their coastal section of the ride as part of our overall programme.	Ongoing
CE’s Office	Ÿ Annual Plan	Consolidating the budget for 2011/12 including signaling key initiatives both for that year and for consideration in the next LTCCP
	Ÿ Commencing draft documentation of HBRC strategic plan post December for consideration by Councillors (with Exec Team)
	Ÿ Freshwater Governance and Management – RAC, paper, Central government policy agenda to be discussed with Central Govt CE’s	Regular report backs to Councillors and Exec
	Ÿ Further RAC work including public comment from RAC chair post LAWF report back to Govt.
	Ÿ Convening the RCEOs Water Sub-Group	Last meeting held in Hawke’s Bay and provided an opportunity to update officials from MAF, MfE, MED and LINZ on HB water issues
	Ÿ Treaty Settlements – further work with Claimant Groups	Regular up-dates Councillors and Exec – with External Relations
	Ÿ Investment Portfolio scenarios	March
	Ÿ Draft JV for Tourism Hawke’s Bay (noting Annual Plan	March
	Ÿ Options for Economic Development component of VHB	March/April

DECISION MAKING PROCESS:

Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that as this report is for information only and no decision is required in terms of the Local Government Act’s provisions, the decision making procedures set out in the Act do not apply.

RECOMMENDATION:

1. That Council receives the Monthly Work Plan Looking Forward report.

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

	SECTION
Parties	1
Statement of Intent	2
Introduction	3
Purpose	4
Principles	5
General Approach to Communication and Co-ordination	6
Significant new activities proposed by Hawke’s Bay Regional Council Consultation in Relation to Regional Policy Statement	7 8
Support Services	9
Dispute Resolution	10
Signatories	11
Appendix One: Legislative Context

1.	Financial Section	Under Separate Cover
2.	Groups of Activity Summaries	Under Separate Cover

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Additional Paper Covering Statement of Corporate Intent (SI) 2011-2013 for Port of Napier Limited (PONL)	7(2)(b)(ii) To protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.	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
Clarification for the Extension to Contracts	7(2)(i) Enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

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