MINUTES OF A meeting of the Regional Council

Date:                          Wednesday 25 May 2011

Time:                          9.00am

Venue:

Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER

Present:                     A J Dick

T Gilbertson

N Kirton

E McGregor

M Mohi

L Remmerswaal

K Rose

C Scott

E von Dadelszen

F Wilson  - Chairman

In Attendance:          A Newman – Chief Executive

EA Lambert – Group Manager External Relations

H Codlin – Group Manager Strategic Development

M Adye – Group Manager Asset Management

D Lew – Group Manager Resource Management

P Drury – Group Manager Corporate Services

G Hansen – Group Manager Water Initiatives

L Hooper – Executive Assistant and Acting Administration Manager

1. WELCOME/PRAYER/APOLOGIES/NOTICES

The Chairman welcomed everyone to the meeting and Councillor Rose offered the prayer. Apologies for absence were received from Councillor Kirton and Mr Mohi, and Councillor Scott signalled that she would have to leave at 1.45pm to attend another meeting.

RC1/11    Resolution

That the apologies from Councillors Kirton and Scott and Mr Mohi be accepted.

Rose/von Dadelszen

CARRIED

2. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations.

3. CONFIRMATION OF MINUTES OF the  Regional Council Meeting held on 27 April 2011

RC2/11

Resolution Minutes of the Regional Council Meeting held on Wednesday, 27 April 2011, a copy having been circulated prior to the meeting, were confirmed as a true and accurate record as amended. Rose/von Dadelszen CARRIED

4.                  Matters Arising from Minutes of  the  Regional Council Meeting held on Wednesday 27 April 2011

There were no matters arising from the minutes.

5.	Action Items from Council Meetings
	Mr Newman addressed items on the list of actions from previous meetings.
RC3/11	Resolution 1.     That Council receives the report “Action Items from Council Meetings”. Scott/Rose CARRIED

6.	Call for General Business Items
	Meeting of working group discussing the Sargeant Report (Dick) Update on communication with Mike Joy (Remmerswaal)

7.

Affixing of Common Seal

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 76           DP 10912           CT D/586 -     Transfer	3046	13 May 2011
1.2	Concession Document (Easement) Water Ride Cycleway (Minister of Conservation & Hawke’s Bay Regional Council)	3039	27 April 2011
1.3                                                                               P	Deed of Grant of Easement HB Airport (Water Ride Cycleway)	3044	11 May 2011
1.4	Agreement Landcorp Holdings (Water Ride Cycleway)	3045	11 May 2011
1.5	Staff Warrants 1.5.1  N von Westernhagen (Delegations under Soil Conservation and Rivers Control Act 1941; Resource Management Act 1991; 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)) 1.5.2  W Robinson          (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)) 1.5.3  D Norman          M Moore          (Delegations under Local Government Act 2002 (s.650) and Local Government Act 2002 (s.171 and s.172)	3041 3040 3042 3043

RC4/11

Resolutions

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.      Confirms the action to affix the Common Seal.

Rose/McGregor

CARRIED

8.	Review of Council Committee Structure
	Ms Lambert provided an overview of the key themes of the report and sought guidance from the Councillors in relation to the Regional Planning Committee formation and draft terms of reference. It was noted that formation of the Committee can go ahead once Council is satisfied that everything is in order and advises the Treaty Minister of that via letter, and that the implementation of this Committee is not reliant on legislation being passed first. The Chairmanship of the Regional Planning Committee was discussed, in relation to the original Council recommendation that the Council Chairman would act in that capacity. It was further discussed in relation to the use of Co-Chairs alternating between meetings and how that would work, in practice. It was suggested that the Terms of Reference include the requirement that the Chair of the committee would be required to have successfully completed the Making Good Decisions programme. This Committee will deal with RMA planning and policies only, and each representative will have the mandate to represent their Claimant group. It was suggested that it be written into the Terms of Reference that ‘best endeavours will be made to reach consensus decisions’. The Regional Planning Committee will not have delegation to make a decision on behalf of Council on urgent matters. A document outlining the functions or work programmes of council and how those might overlap between the proposed committees was tabled. It was suggested that it may be beneficial to look more closely at how the committees might function more effectively and/or efficiently. The meeting adjourned at 10.30am and reconvened at 10.45am.
RC5/11	Resolutions 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. Asks staff to bring forward, to a special meeting of the Strategic Planning and Finance committee to be held 15 June 2011, alternatives or options for a revised Committee structure, excluding the proposed Regional Planning Committee. Scott/Rose CARRIED 3       Establishes a new Committee for Regional Planning, and agrees to the draft Terms of Reference as amended at this meeting, with the final wording to be brought back to the special meeting of the Strategic Planning and Finance Committee on 15 June 2011 as a basis for further negotiation with the Treaty Claimant groups. Scott/McGregor FOR: Dick, McGregor, Scott, Gilbertson, Rose, von Dadelszen, Wilson AGAINST: Remmerswaal CARRIED 7:1 4.     Confirms the meeting dates for the existing committees for the period of July through September 2011, as per the Council Meeting Planner. Wilson/Scott CARRIED

12.	Sister City Relationship
	The chairman introduced Mr Ron Massey, from Napier City Council, who provided Council with an update on Sister City activities to date.
RC6/11	Resolutions 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.      Agrees to maintain the active Friendship City Agreement with Xuzhou, Jiangsu of the People’s Republic of China given the potential commercial activity and economic opportunity for the region that arises from the relationship. von Dadelszen/Dick CARRIED Councillor von Dadelszen moved amendments to Resolutions 3 and 4, which were seconded by Councillor Dick 3.     Agrees to the Council Chairman leading a delegation of Hawke’s Bay Councillors and businesses to Xuzhou currently planned for September 2011, and to fully pay the costs of the chairman. von Dadelszen/Dick CARRIED 4.      Agrees to subsidise the cost of Councillors travelling to Xuzhou, with the budget provision for the Sister City Relationship. von Dadelszen/Dick CARRIED The amendments when put were CARRIED and hence became the substantive motions. 5.     Develops a protocol, clarifying issues for the delegates, based on the learnings from previous experiences. von Dadelszen/Dick CARRIED

9.	Recommendation from the Regional Transport Committee
	Insufficient information was provided with this item to enable Council to reach any decision and so the paper was not considered.
RC7/11	Resolution That Council: 1.      Leaves this matter to lie on the table until such time as sufficient information is available to bring the paper back to Council. Dick/Remmerswaal CARRIED

10.	Recommendations from Asset Management and Biosecurity Meeting
	The paper was taken as read.
RC8/11	Resolutions That Council: Land Management Work Programme 2011/12 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.      Approves the proposed 2011/12 work programme for the Land Management section while noting that the programme may be impacted by the need to resource the development of new programmes to increase Council’s influence in improving the economic and environmental performance of the primary productive sector. Biosecurity Operational Plans 2011/2012 3.      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. 4.     Adopts the: 4.1 Animal Pest Operational Plan 2011/12 4.2 Plant Pest Operational Plan 2011/12 4.3. Phytosanitary Operational Plan 2011/12 In accordance with the requirements of the Biosecurity Act 1993. Rose/von Dadelszen CARRIED

11.	Recommendations from the Strategic Planning and Finance Committee
	Mr Bassett-Foss, Councillor Dick and Mr Massey spoke to the development process currently underway for the updated (refreshed) Regional Economic Development Strategy and the related proposal to form the Business Hawke’s Bay entity.
RC9/11	Resolutions That Council: Hawke’s Bay Tourism Limited 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.      Approves the funding agreement between the Hawke’s Bay Regional Council and Hawke’s Bay Tourism Limited (or such other name as may be approved by the Registrar of Companies) for the establishment and operation of a Regional Tourism Organisation, noting that this funding agreement sets out the key performance indicators to be delivered during the duration of the funding agreement and also the Council’s commitment to funding during the three years of this agreement.  Further resolves that authority be given to the Chief Executive to execute this agreement on behalf of Council. 3. Determines the person to be appointed as the Council’s representative on the Board of Hawke’s Bay Tourism Limited (or such other name as may be approved by the Registrar of Companies) is the Chairman, Fenton Wilson. 4.      Approves the constitution of Hawke’s Bay Tourism Limited (or such other name as may be approved by the Registrar of Companies). 5.      Approves the trademark licence agreement between this Council and Hawke’s Bay Tourism Limited (or such other name as may be approved by the Registrar of Companies), delegating authority to Council’s Chief Executive to execute this agreement. Scott/von Dadelszen CARRIED business Hawke’s Bay 6.      Adopts the Business Hawke’s Bay proposal and HBRC funding commitment of up to $50,000 in principal, subject to Council’s consideration of the current Regional Economic Development Strategy review and a suitable Protocol document presented to Council for the operation of Business Hawke’s Bay. Dick/Remmerswaal FOR: Dick, Remmerswaal, McGregor, Gilbertson, Rose, von Dadelszen, Wilson AGAINST: Scott CARRIED Heretaunga Plains UrBan Development Strategy Implementation Committee Review 7.      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. 8.      Requests that the Joint Committee reviews the Terms of Reference at its first meeting, specifically the appropriate scope of the delegated authority, and that the results of that review be brought back to Council. 9.      Advises the Implementation Committee, through its representatives, of the changes as set out that the Council would like the Implementation Committee to consider when reviewing the Draft Memorandum of Agreement. von Dadelszen/Dick CARRIED Regional Digital archives 10.    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. 11.    Receives the report “Hawke’s Bay Archives”. 12.    Instructs staff to prepare a paper on the possible role of this Council in partnership with Hawke’s Bay Museum and Art Gallery including a detailed budget and work programme as the basis for consideration through the Draft Ten Year Plan 2012-22. 13. Instructs staff to distribute copies of the Hawke’s Bay Archives report to the Territorial Authorities and the Hawke’s Bay Digital Archives Trust, seeking their comments. Scott/McGregor CARRIED

13.	Twyford and Raupare Appeals
	Mr Lew provided Council with a brief summary of the status of current Council activities in the Twyford area. Ms O’Neill then summarised the status of the appeal by Watering Society Inc on behalf of the consent applicants. Council staff would enter into mediation in support of the Panel decision, and would seek Council’s sign-off on any proposed settlement.
RC10/11	Resolutions 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.      Grants Darryl Lew, Group Manager Resource Management, delegation to enter into Environment Court mediation. 3.      Requires staff to seek Council approval for a mediated settlement via consent memorandum. Rose/Gilbertson CARRIED

The meeting adjourned at 12.40pm and reconvened at 1.15pm.

14.	Investment Company Proposal - Additional Information
	Mr Drury sought confirmation of whether the drafted list of issues to clarify was complete in order to provide assistance to Councillors’ decision making on the submissions on 8, 9 and 10 June.
RC11/11	Resolution 1.      That Council receives this report, makes any amendment to the list if appropriate, and notes that further clarification will be provided to Council on the issues included on the list. Gilbertson/McGregor CARRIED

Councillor Scott left the meeting at 1.45pm

15.	May 2011 Work Plan Looking Forward
	The report was taken as read.
RC12/11	Resolution 1.      That Council receives the May 2011 Work Plan Looking Forward report. Gilbertson/McGregor CARRIED

16.	Chairman's Monthly Report (to be tabled)
	The Chairman provided additional comment on his tabled report.
RC13/11	Resolution 1.      That Council receives the report. McGregor/Rose CARRIED

17.

General Business

a.      Meeting of working group discussing the Sargeant Report (Dick) Councillor Dick flagged that he had been appointed as Council’s representative on this body as Council’s previous Chairman and would be accepting of another councillor wishing to replace him if they so wished. b.      Update on communication with Mike Joy (Remmerswaal) Councillor Remmerswaal suggested that Council consider whether to invite Mr Joy to come and speak at a future meeting.

18.

Open Spaces Investment Update

RC14/11

Resolution

1.      That the Council excludes the public from this section of the meeting being Agenda Item 18 Open Spaces Investment Update with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Open Spaces Investment Update	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.

McGregor/Rose

CARRIED

The meeting went into public excluded session at 2.05pm and out of public excluded session at 3.00pm

Closure:

There being no further business the Chairman declared the meeting closed at 3.00pm on Wednesday, 25 May 2011.

Signed as a true and correct record.

DATE: ................................................               CHAIRMAN: ...............................................