Meeting of the Hawke's Bay Regional Council

Date:                 Wednesday 21 September 2011

Time:                9.00am

Venue:

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

Agenda

Item       Subject                                                                                                                  Page

1.         Welcome/Prayer/Apologies/Notices 

2.         Conflict of Interest Declarations  

3.         Confirmation of Minutes of the Regional Council Meeting held on 24 August 2011

4.         Matters Arising from Minutes of the  Regional Council Meeting held on 24 August 2011

5.         Action Items from Meetings

6.         Call for General Business Items

Decision Items

7.         Affixing of Common Seal

8.         Draft Strategic Plan Summary and Communication
Plan 2011-12

9.         Recommendations from the Corporate and Strategic Committee

10.       Adoption of the Regional Public Transport Plan

11.       Chief Executive Appointment

Information or Performance Monitoring

12.       September 2011 Work Plan - Looking Forward

13.       Chairman's Monthly Report (to be tabled)

14.       General Business

Decision Items (Public Excluded)

15.       Chief Executive Remuneration

16.       Confirmation of Public Excluded Minutes from the Regional Council Meeting Held on Wednesday 24 August 2011

17.       Matters Arising from Public Excluded Minutes of the Regional Council Meeting held on Wednesday 24 August 2011

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT: Action Items from Meetings

INTRODUCTION

1.      Attachment 1 lists items raised at Council meetings that require actions or follow-ups. All action items indicate who is responsible for each action, when it is expected to be completed and a brief status comment. Once the items have been completed and reported to Council they will be removed from the list.

DECISION MAKING PROCESS

2.      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 the Council receives the report “Action Items from Previous Meetings”.

Andrew Newman

Chief Executive

Attachment/s

1View

Action Items from Previous Meetings

Action Items from Previous Meetings

Attachment 1

Actions from Regional Council Meetings

Agenda Item

Action

Person Responsible

Due Date

Status Comment

1. 

9 month Annual Report Progress

Develop a strategic approach to Appeals to the Environment Court on consent Decisions, using risk analysis

AN/MM

November

Consents Manager to investigate further.

2. 

Ruataniwha Plains Water Storage Project

Regular updates to Council or Committee when each milestone is achieved

AN/GH

Ongoing

3. 

Affixing of Common Seal

Feedback on the potential costs of applying the discount retrospectively – to those Sale and Purchase agreements pre-dating Council’s discount resolution

PD

On 27 July 2011 Council approved discounts to be given to lessees for any leasehold land freeholded between the date of the resolution and 30 June 2012.

During July 2011 there were two lessees that had settlement dates up to 27 July 2011 and settled on those dates.  These settlements covered Sale and Purchase Agreements signed during June (settlement date is up to one month after the signing of a Sale and Purchase Agreement).

The details of these two transactions were:

Sale Price	Sale and Purchase Agreement Signed	Settlement  Date
$99,900	9 June 2011	1 July 2011
$98,790	27 June 2011	26 July 2011

There were no lessees signing a Sale and Purchase Agreement prior to Council’s decision on 27 July 2011 and having a settlement date post 27 July 2011.

It is important to have a cut off point for the integrity of Council’s decision, and this cut off point was settlement date 27 July 2011.

Clarification of Lessees Residing in Rest Homes

Where a lessee is residing in a rest home or long term continuing care and has had to vacate their property, then to attract the higher discount of 17.5% they must prove that either the property has not been rented out or if it has been rented out that they had previously tried to market unsuccessfully, the sale of the property.

4. 

Annual Report

report on how the Te Taiwhenua o Heretaunga relationship is working

LL

Verbal update to be provided at meeting

5. 

Work Plan Looking Forward

Update Councillors on status of appeals – AFFCO in particular

MM

Email

6. 

Work Plan Looking Forward

Policy for the decision of which discount rate to apply - either 10% (investor) or 17.5%

PD

Residential

A 17.5% discount on Council’s current freeholding price (ie, lessor’s interest) is offered to:

•    Leaseholders who are occupying the leasehold land.

•    Leaseholders who have rented the property to family members, where any rents charged are below market rates.

•    Leaseholders who could not afford the lease cost, who have unsuccessfully attempted to sell, and have since moved residence in order to rent the property out In the last two situations, evidence of the rental or attempted sale (by a real estate agent) will be required to secure the higher discount.

There may be other circumstances not covered here, where leaseholders want to freehold. We will be happy to discuss these with owners on a case by case basis.

Investors

Council is offering a 10% discount on the purchase price of freeholding for leaseholders who own the property primarily as an investment (ie, for rent at market rates).

7. 

General Business

Councillors to be informed of the goals of the trip to China, along with the final costs to Council.

MA

November

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 21 September 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 31           DP 13217           CT  E4/416 -     Transfer 1.1.2     Lot 102           DP 13039           CT  E2/1248 -     Transfer 1.1.3     Lot 87           DP 10121           CT  C3//180 -     Agreement for Sale and Purchase       (discount 17.5% resides at property) 1.1.4     Lot 130           DP 12207           CT  D1/1451 -     Agreement for Sale and Purchase       (discount 10% landlord) -     Transfer 1.1.5     Lot 31           DP 6391           CT  E2/1446 -     Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.6     Lot 1           DP 4578           CT  195287 -     Agreement for Sale and Purchase       (discount 17.5% resides at property) 1.1.7     Lot 38           DP 14451           CT  G2/746 -     Agreement for Sale and Purchase       (discount 10% landlord) 1.1.8     Lot 89           DP 13380           CT  F1/610 -     Agreement for Sale and Purchase (discount 17.5% resides at property) -     Transfer 1.1.9     Lot 138           DP 7201           CT  B4/939 -     Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.10  Lot 50           DP 11103           CT  J3/449 -     Agreement for Sale and Purchase (discount 17.5% resides at property)	3068 3069 3070 3071 3073 3074 3075 3076 3077 3078 3079 3080	19 August 2011 22 August 2011 25 August 2011 25 August 2011 30 August 2011 1 September 2011 7 September 2011 7 September 2011 9 September 2011 9 September 2011 13 September 2011 14 September 2011
1.2	Deed of Grant of Easement Lot 1-2 DP 10515 CT A1/964 (Clive River)	3072	25 August 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.

RECOMMENDATIONS

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.

Diane Wisely Executive Assistant

Andrew Newman Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT: Draft Strategic Plan Summary and Communication
Plan 2011-12

REASON FOR REPORT

1.      The purpose of this report is for Council to consider and adopt the Draft Strategic Plan Summary document and the associated Communication Plan 2011-12. 

Strategic Context

2.      The Draft Strategic Plan Summary document and the resulting Strategic Plan is a non-statutory document. 

3.      It is a communication tool to inform key stakeholders and the general community of the strategic direction Hawke’s Bay Regional Council (HBRC) is considering for the next Ten Year Plan (TYP) and to engage in a conversation about that direction early in the TYP development process.

4.      The proposed strategic direction has evolved from dialogue HBRC has had with the community via:

4.1.   the current TYP and subsequent Annual Plans,

4.2.   the Embracing Future Thinking breakfast networking,

4.3.   the development of the futures Scenario Report and the interviews undertaken as part of that process,

4.4.   the Water symposium and the Water Reference Group, and

4.5.   targeted stakeholder meetings.

5.      The key strategic outcomes and focus areas identified in the Draft Strategic Plan Summary document have been developed over three workshops since December 2010.

6.      They build on the strategic goals and objectives set out in the 2008 Embracing Futures Thinking document and the current TYP.

Draft Strategic Plan Summary

7.      The Draft Strategic Plan Summary document (Attachment 1) sets out where HBRC has come from and the key statutes which direct its powers and functions.  It articulates HBRC’s purpose as being:

7.1.   Natural Resource Knowledge and Management;

7.2.   Natural Hazard Assessment and Management;

7.3.   Regional Strategic Planning;

7.4.   Regional Scale Infrastructure and Services.

8.      This statement of purpose provides the framework and scope of the HBRC’s activities.

9.      The Draft Strategic Plan Summary document also paints a picture of what we think the 2050 future might look like as a result of the strategic direction set out in each of the key focus areas.  The story is another way for the community to understand what HBRC is trying to achieve.

10.    The plan recognises and responds to the following characteristics of the Hawke’s Bay Economy. The regional economy in generating export earnings, i.e., wealth, is dominated by the primary sectors and primary processing capacity. It is therefore export exposed. Given that the primary sectors are based on natural resources, there is also substantial exposure to climatic and natural hazard volatility also. Over the past ten years the regional economy has generally performed well when benchmarked against both New Zealand and comparator region performance. However, to build on this performance further resilience and further efficiency needs to added to the primary sectors and the economy would benefit from diversification, noting however in both cases, to do so is a long-term and challenging task.

11.    There are 10 key focus areas.  These have been grouped under a Strategic Goal statement as follows:

Strategic Goal	Resilient Ecosystems	Resilient Economy	Resilient Communities
Key Outcome Areas	Land Water Quality Water Allocation	Water Security Natural Hazard Management and Infrastructure	People and Communities
	Enablers
Key Enabling Activities	Statutory Planning, Investment for Sustainable Growth, Strategic Alliances, Fit for Purpose Organisation

12.    The information contained in the Draft Strategic Plan Summary document for each key focus area includes:

12.1. The proposed strategic outcome;

12.2. What will success look like;

12.3. Proposed Strategic Approach;

12.4. What will we do in three years;

12.5. What will we do in ten years;

12.6. Key achievements to date.

13.    Given the integrated nature of land and water, many of the issues identified in the ‘natural resource’ based focus areas overlap and the proposed approach can achieve multiple outcomes. A description of the key issue / approach / question for each focus area is provided below:

Focus Area	Summary
Land	Much of the region’s steep hill country is prone to erosion and would benefit from increased planting of trees.  Much of this land is on private land as it is estimated that some 150,000 hectares is farmed with little or no tree or bush cover. Should Council invest in ‘within’ farm afforestation on erosion prone land Diffuse discharges from intensive land use can impact on water quality and improved land management is required to mitigate those effects.  This will include more applied research into understanding intensive farming systems, reducing nutrient and soil loss, more effective use of water within the landscape. Should the current Regional Landcare scheme focus more on intensive land use research and mitigation.
Water quality	There is increasing focus on the link between land use and water quality.  A more proactive integrated catchment based approach is proposed, firstly dealing with the catchments with known risks, then catchments or areas with potential risk. The National Policy Statement for Freshwater Management requires the setting of water quality standards and this will result in a much higher profile in statutory plan frameworks.  Integrated catchment plans will feed into statutory plans.
Water allocation	HBRC has already committed to reviewing allocation limits and minimum flows to provide more policy direction and certainty for stakeholders.  It is possible that in order to provide better protection of aquatic habitats for key species, higher flows will be required to be maintained in some catchments.  This will create further tensions around irrigation and water security and will drive more change and costs for the irrigators.  Constrained water supplies requires water to be used more efficiently and there will need to be a shift from thinking and acting as individuals to thinking and acting collectively, sharing the resource to the benefit of all users and the environment. There are some public good vs private sector issues associated with the costs associated with water management that need to be considered as part of this process.
Water Security	On a catchment water balance basis, there is enough water within all catchments to meet potential demands, The issue is one of distribution and timing.  HBRC has committed to a feasibility study for Ruataniwha storage with the go / no go decision to be made in June 2012.  The water supply and demand situation is more complex in the Heretaunga Plains / Ngaruroro catchment area and the role of storage to improve water security whilst less clear merits detailed examination beyond the feasibility work undertaken so far.  Review of the groundwater model and minimum flow requirements over the next year or so will provide more information on the likely available supply, and the impact on water security for existing users.
Natural Hazard Management and Infrastructure	HBRC will continue to improve and disseminate our knowledge of natural hazard risks and use that information to mitigate those risks and improve community resilience.  Increasing the level of protection in our major flood control scheme areas to a 1 in 500 year event (up from 1 in 100 year event) is being considered.  Is there an opportunity to better integrate this work and infrastructure with other strategic objectives such as water quality and soil conservation through integrating wetlands and planting more trees within the catchment and if so, could the current targeted flood protection scheme rate fund part of this?
People and Communities	In many areas of the work that we do (eg natural resource management, natural hazard management, significant behavioural changes will be required and HBRC’s challenge is to enhance the community’s understanding of the need for the change.  Other areas of work such as public transport and delivering the Heat Smart and Clean Heat programmes meet social outcomes as well as the environmental outcomes.  There may be some volatility in funding of central government services and this may in turn place pressure on service levels.  HBRC has signalled that there is unlikely to an increase to community development funding for open spaces or major community assets once the current provisions are invested.
Statutory Planning	While much of the required changes to the resource management plans have been identified or under development, the formal planning process is still too slow. Further streamlining is required and there is active engagement with central government on this matter by the regional sector group.  Spatial planning is also on the horizon.  In the Auckland context this has superseded the Regional Policy Statement and is being used for major decisions across both the Auckland Council and Central Government.  It is realistically an intra regional level planning framework but if it were to be applied further, it might be done on a Central and Southern North Island basis.
Investment for Sustainable Regional Growth	The challenge for HBRC is to provide funding for its strategic agenda, which in turn is explicitly targeted at building increased resilience and productivity into the regional economy, specifically in the areas of natural resource management (water, land use and regional scale infrastructure).  This will require an adjustment to the investment portfolio to increase the range of investments and in the long-term, return on investments.
Strategic Alliances and Fit for Purpose Organisation	External factors will lead to changes in how HBRC’s role is delivered.  These factors include changes in legislation and government policy, stakeholder involvement and economic, environmental and financial drivers. Council’s culture needs to be flexible and adaptable, open, ready and able to collaborate with other organisations to deliver services more efficiently and effectively. Such alliances might relate to joint strategic planning, joint funding, resource alignment, co location of staff, both intra and inter region.

Options

14.    There are a number of options to the Council with respect to community engagement on the development of the TYP.  These include:

14.1. Option 1: Undertake formal consultation only through the Long-term Plan process.

14.2. Option 2: Undertake pre-consultation starting with a draft strategic direction (the proposed approach)

15.    While Option 1 represents the legal requirements, it is not considered best practice for a document of this significance.

16.    Option 2 is the preferred option as it recognises current strategic direction in the TYP and builds on that.  Stakeholders and the community are still free to suggest alternative strategic directions or approaches

Communication Plan

17.    Council has already built some profile and awareness in the area of strategic planning with its Embracing Futures Thinking and Future Scenarios activities.  The Draft Strategic Plan Summary document will build on that context to be distinct from the Land and Water Strategy and Long Term Plan.  Communication will emphasise the interactive nature of the strategic planning papers and Council’s focus on integrated and ‘networked’ outcomes.

18.    Communication activities will be mainly through existing channels: stakeholder meetings, Council’s website, Council newsletters, media releases, additional media liaison and events.  Attached is the Communication Plan 2011-12 (Attachment 2) for more information.

Conclusion

19.    Following a series of three Council workshops that have benefited from community input via a range of events and engagement opportunities over the last three years, and building on the strategic direction outlined in the current TYP, Council has identified a number of key strategic areas to be considered in the next TYP.

20.    The proposed Draft Strategic Plan Summary document is a communication tool for Councillors and staff to use to engage with stakeholders and the general community early in the TYP process.  The proposed approaches and key actions are not set in stone however they are based on the local, regional and national context within which the Council operates.  Therefore they provide context for stakeholder as to why Council is suggesting a particular approach.

21.    Over the next three months, Council will engage directly with key stakeholders, encourage comment from the wider community and will hold a public workshop to facilitate discussions between stakeholders as well.

22.    Feedback will be considered and, where appropriate, incorporated into the Draft TYP for formal consultation over the April- May 2012 period.

DECISION MAKING PROCESS

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

23.1. The decision does not significantly alter the service provision or affect a strategic asset.

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

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

23.4. The persons affected by this decision are all sectors of the business community and the general community.

23.5. Options that have been considered include not undertaking any informal consultation leading up to the Long Term Plan development and the associated special consultative procedure. The proposal to consult on a Draft Strategic Plan Summary document gives an early indication to key stakeholders and the general community of the direction that Council is considering for the Long Term Plan.

23.6. The decision is not inconsistent with an existing policy or plan.

23.7. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

RECOMMENDATIONS

That 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.    Considers the Draft Strategic Plan Summary document and adopts it subject to any amendments.

3.    Adopts the Communication Plan 2011-12 for the Strategic Plan subject to any amendments.

Helen Codlin Group Manager Strategic Development

Andrew Newman Chief Executive

Attachment/s

1	Strategic Plan Summary Document	Under Separate Cover
2	Communication Plan 2011-12	Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT: Recommendations from the Corporate and Strategic Committee

REASON FOR REPORT

1.      The following matters were considered by the Corporate and Strategic Committee on Wednesday 14 September 2011 and are now presented to Council for consideration and approval.

DECISION MAKING PROCESS

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

RECOMMENDATIONS

That Council:

Opportunities for further improvement of Regional Council Services

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 investment of $40,000 for efficiency and effectiveness studies be invested in the following three areas.

2.1       Further scoping of the opportunities for and value of inter-Regional Council and natural resource sector Government Department collaboration.

2.2       In collaboration with the TLAs and potentially Business Hawke’s Bay, further analysis and definition of how the Hawke’s Bay economy might be further diversified and made more resilient and if so, what targets would need to be set.

2.3       Assessment at a detailed level as, to what role Local Government in Hawke’s Bay plays in enabling socioeconomic development and/or impeding it. This work should examine local government structures, planning, consenting and compliance frameworks, their current state and also the pipeline of plan strategies and plan changes underway, the drivers for these and the value proposition. This study will also include an initial assessment as to whether adjustments in Local Government strategies and processes would add further value to the Hawke’s Bay Economy.

High Ultra Manuka Factor (UMF) Manuka Honey Trial

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.         Agrees to encourage the reversion of the steep slopes on the western side of Table Top within Tutira Country Park to revert to native bush, through the establishment of an initial area of approximately 45ha of high Unique Manuka Factor Manuka in April/May 2012, plus the costs of the 4ha trial block, at an estimated cost of $110,000 to be funded from Council’s Sale of Land Reserves which will include a charge for use of funds.

5.         Delegates to the Chief Executive, authority to finalise a contract with Comvita at terms and conditions acceptable to Council.

6.         Notes that appropriate budgets for the establishment of the remaining area of approximately 95ha in high UMF Manuka will be included in Council’s draft LTP 2012/22, subject to the satisfactory outcome of the outstanding issues.

Regional Planning Committee Terms of Reference

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.         Resolves to adopt the Terms of Reference for the Regional Planning Committee as amended from discussions at the Corporate and Strategic meeting.

9.         Resolves to endorse the Deed of Commitment and authorises the Chairman of Council to sign it on Council’s behalf.

10.     Invites the Treaty claimant group signatories to advise Council of their appointees to the Regional Planning Committee, for formal approval by Council.

11.     Instructs staff to bring back to Council, the proposals in relation to participation in voting.

Environment and Services Committee Terms of Reference

12.       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.

13.       Adopts the Terms of Reference for the Environment and Services Committee.

Risk Assessment

14. 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.

15.       Notes the top ten risks currently facing Council; the current and planned future position of the risk issue; the current situation and risk; the proposed mitigation approach; and the impact that mitigation approach will have on the level of risk.

16.       Approves the risk mitigation approach to each of the ten risk issues as set out.

New Zealand Cycle Trail Project - Funding Approval for Wineries Ride

17.     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.

18.       Approves the funding requirement of $590,260 for the residual section of the ‘Wineries Ride’ to be funded from the uncommitted provision of $1,505,000 remaining in the borrowing programme to cover Open Space and Community Facility initiatives, conditional on final acceptance of the Craggy Range Reallocation Proposal by the Ministry of Tourism and confirmation of all external funding contributions.

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 21 September 2011

SUBJECT: Adoption of the Regional Public Transport Plan

REASON FOR REPORT

1.      The purpose of this paper to present the Regional Public Transport Plan for 2011-2014 (RPTP) to the Council for adoption.

Background

2.      A project team, consisting of members from the Regional Transport Committee, were responsible for the drafting of the RPTP and heard submissions to the draft RPTP on 15 September 2011. The subcommittee members were Councillor Alan Dick, Councillor Kathy Furlong, Mr David Murray, Mr Oliver Postings, Ms Tracy Ashworth, Mr Mark Clews, Mrs Carol Gilbertson and Mrs Megan Welsby.

3.      The draft RPTP was publicly notified in local media on 30 July 2011 for public consideration as required by the Local Government Act 2002.

4.      The availability of the RPTP was notified through local media and on Hawke’s Bay Regional Council's (HBRC) website from 30 July 2011. Copies of the draft RPTP were widely distributed to interested parties in accordance with the formal consultation procedures under the Local Government Act 2002 and the Public Transport Management Act. 

5.      A requirement of the Local Government Act 2002 is to have a Summary of the RPTP. This Summary paper was available as a separate document to those who requested it and was sent to those receiving the draft RPTP.

6.      An initial discussion document was also sent to targeted interested parties, again as outlined in the Local Government Act on 22 March 2011. Twenty responses were received to the initial discussion document and these responses were summarised and provided to the Regional Transport Committee (RTC) at their meeting on 20 April 2011. Relevant comments and suggestions were included in the draft RPTP.

7.      Submissions to the draft RPTP closed on 4 September 2011 and 14 submissions were received.

8.      Following the hearing and consideration of submissions the draft RPTP was revised to incorporate any agreed amendments. The final document is now presented (Attachment 1) to the Council for their adoption and will be presented to the Regional Transport Committee for endorsement at their meeting on 22 September 2011. The final RPTP will be distributed within one month of the date of its adoption, as required under Section 93 (10) of the Local Government Act 2002.

DECISION MAKING PROCESS

9.      The Committee 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:

9.1.         Sections 83 and 84 of the Act set out the requirements of the Act where special consultative procedure applies with consideration of the draft Regional Public Transport Plan for 2011-2014.

RECOMMENDATIONS

That the Regional 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.    Adopts the final Regional Public Transport Plan for 2011-2014, noting the public consultation process undertaken and that the Plan will be provided to the Regional Transport Committee for endorsement.

Carol Gilbertson Transport Manager

Alan Dick Chairman Regional Transport Committee

Attachment

1

Copy of printer’s proof final Regional Public Transport Plan

Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT: Chief Executive Appointment

REASON FOR REPORT

1.      The incumbent Chief Executive Officer’s employment agreement is due to expire on 14 May 2012.

2.      This paper is to indicate the legislative requirements of the Local Government Act 2002 regarding the appointment of a Chief Executive Officer and to provide Council the opportunity to formally commence the process for appointing to the upcoming vacancy.

COMMENT

3.      At least six months before the expiry date of the first employment agreement the Council shall carry out a review of the employment of the Chief Executive.

4.      After completing that review the Council must resolve to either appoint the Chief Executive for a further two year term or advertise the vacancy.

5.      A review of the Chief Executive Officer’s employment has recently been undertaken by Council.

6.      For the purposes of this paper it is assumed that the Council intends to advertise the position.

7.      When the vacancy is advertised the Act states that the incumbent Chief Executive may apply for the position and the local authority must give due consideration to any application for the position by the incumbent Chief Executive.

8.      Despite the provisions of any other enactment or rule of law, a Chief Executive has no right or expectation of renewed employment at the end of any term.

9.      There is no procedure set out in relevant legislation regarding the recruitment process other than that the vacancy must be advertised.

10.    The Knowhow Guide to Governance provides the following principles in terms of the process of recruiting a chief executive:

10.1.   All local authorities should consider legal requirements and “good practice” in designing a process;

10.2.   Clarity of process and expectations is important;

10.3.   There should be a commitment to procedural fairness at all times;

10.4.   Confidentiality is paramount;

10.5.   All members must be involved in and committed to the process (this does not mean that all members need to be involved at every stage).

11.    Council needs to decide whether to adopt an ‘in house’ or external process for the recruitment. The ‘in house’ process would be predominantly run by appropriate Council staff with external advice as required and in close liaison with the Chairman of Council while the external process would involve retaining an appropriate consultant to run the entire process.

12.    It is also appropriate for Council to decide which Councillors will be involved in which part of the process. It seems appropriate that the Chairman is delegated to work with the in house staff on the advertising process.

13.    All Councillors may wish to be involved in any short listing process and interviews of appropriate candidates.

14.    An appropriate remuneration package and Employment Agreement, including appropriate KPIs, for the successful candidate could be decided by all Councillors based on work recently done by Strategic Pay. Council also needs to decide on the process for negotiating that package and agreement with the successful candidate.

DECISION MAKING PROCESS

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

15.1.   The decision does not significantly alter the service provision or affect a strategic asset.

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

15.3.   The decision does not fall within the definition of Council’s policy on significance as this is an internal governance matter for which elected members are responsible.

15.4.   There are no persons directly affected by the decisions in this paper as the position is budgeted and a statutory requirement.

15.5.   There are no options open to Council as the Council is required by section 42 to appoint a Chief Executive in accordance with clauses 33 and 34 of Schedule 7. These Clauses require that the position be advertised and that a Chief Executive be appointed.

15.6.   The decision is not inconsistent with an existing policy or plan.

15.7.   Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

RECOMMENDATIONS

That 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 commence the process of advertising a vacancy for the position of Chief Executive.

3.    Delegates the advertising process to the Chairman of Regional Council along with either appropriate internal staff or an external consultant depending on which is decided appropriate by Council.

4.    Confirms that all Councillors will be involved in short-listing and interviews of candidates, with professional support

5.    Confirms that all Councillors will be involved in establishing an appropriate Employment Agreement including relevant KPIs.

6.    Confirms that the Chairman of Council and ex-Chairpersons, Councillors Dick and von Dadelszen, will be delegated to negotiate a remuneration package and appropriate employment agreement with the successful candidate.

Viv Moule Human Resources Manager

Fenton Wilson Chairman

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT:  September 2011 Work Plan - Looking Forward

REASON FOR REPORT

1.      This report is provided in order to update Councillors about significant work activities under way over the next month in each area of Council.

Group	Area of Activity	Report to go to Council or Committee as indicated
Asset Management	·    Asset Management Plan reviews	Reviews of Asset Management Plans commenced. Committee approval for reviewed plans will be sought by November 2011.
	·    Biosecurity	Draft proposed strategy to be presented to November AM&B Committee meeting.
	·    Land Management	A number of strategies to improve effectiveness of Council land management investment being developed for Council Ten Year Plan consideration.
	·    CHB District Council Wastewater project	System design and consenting progressing.  Consent application planned to be completed for lodgement by CHBDC October 2011.
	·    Mahia Wastewater project	Land purchase expected to be finalised and forest planted.
	·    Tangoio and Tutira	20-30 ha of planting on Waihapua expected to be completed.  Recreational plan for area being developed.
	·    Accommodation	On hold pending further discussions with stakeholders..
Resource Management	·    Appeal mediation processes underway for:	Twyford November mediation dates have been set. AFFCO Environment Court to set further mediation dates. Opoutama Wastewater Decision to decline the appeal has been issued (upholding HBRC’s decision). Mexted & Williams Environment Court date to be scheduled, expected in the next month.
Strategic Development	·    Development of the Water Strategy with input from the Reference Group.	Draft Land and Water Strategy to be presented to the Environmental Management Committee and Council in October for adoption.
	·    Schedule 1 RMA process for Variation 1 (Rivermouth Hazard Areas) to proposed Regional Coastal Environment Plan. Awaiting technical evidence then officers report will be prepared.	Hearings to be scheduled late 2011.
	·    Schedule 1 RMA process for Onsite Wastewater change, plus subsequent hearing process.	Notification 13 July 2011. Submissions closed 10 August 2011.  Further submissions to be invited Sept/Oct 2011. Hearings to be scheduled late 2011.
	·    Finalising objectives and policies for RPS to incorporate HPUDS and wider infrastructure matters. Also liaising with key stakeholders on draft provisions. Aiming to notify Change in November 2011.	Final draft growth and infrastructure RPS plan change to a Committee and Council in October for adoption as ‘proposed plan change’.
	Ÿ Review feedback on Taharua Strategy and project progess,	Feedback results to the October Environmental Management Committee meeting together with a comprehensive Taharua update.
Corporate Services	·    Freeholding of leasehold properties.	Ongoing
	·    Assessment of selling cashflows from Napier leasehold land.	Ongoing
	·    Revised report on establishment of Investment Company.	Environment and Services Meeting - 12 October 2011
	·    Final Annual Report.	Council Meeting - 28 October 2011
	·    Resource implications for Council’s strategy “investment for sustainable regional growth”.	Council workshop – 13 October 2011.
External Relations	·    Freshwater Governance and Management – Collaborative sector approach to Implementation of NPS	Ongoing
	·    Continuation of discussions with Treaty claimant groups on development of Regional Planning Committee Terms of Reference	Final version of Terms of Reference for Council approval in September
	·    Organisation of leasehold information centre at Marewa Shopping Centre	Lessees from 51 properties attended over the 12 hours the venue was opened from 1-3 September
Operations/ Water Group	·    Ruataniwha Water storage – Work over the next month involves:  Evaluation and award of tender for the significant elements of the environmental works programme which have been developed from 13 study scopes. Stakeholder, and leadership group meetings are programmed, while site visits are planned for landowners & CHBDC councillors. Site visits are also planned for the Engineering consultants and geologists as part of finalising geotechnical issues in early August.	Ongoing Milestones to be reported to Council as achieved
	·    Cycleways – Work is progressing on construction of the coastal section of the water trail, as tendered and supervised by Napier City Council. Work has also commenced on the HBRC section of the trail with the construction of  a bridge opposite Prebenson drive and delivery of limesand in preparation for trail works. ·    Work is being carried out on a revised bid process with the Ministry of Economic Development to include an additional section of the Water and Landscapes trails, as well as sections of the Winery ride.	Ongoing
	·    Final Pre Feasibility report for Ngaruroro Water storage project now complete	Ongoing Preliminary economic evaluation under way
CE’s Office	Ÿ Draft Strategic Plan to be developed post 10 May workshop and discussion document.	Council workshop held 12 September, with resulting Discussion Document and Communications Strategy for adoption at 21 September Council meeting.
	Ÿ    Freshwater Governance and Management – sector workshops on allocation, limit setting and regulatory agility aligned with NPS.	Ongoing
	Ÿ    Represent Regional Sector on Land and Water Forum “Small Group”	Ongoing Next meeting 5 October 2011
	Ÿ    Treaty Settlements – further work with Claimant Groups	Ongoing Joint Committee Terms of Reference done for sign off
	Ÿ    Investment Portfolio scenarios – further development of detailed business cases for 10 Year Plan.	November
	Ÿ    Ongoing engagement in regional water strategy and Water storage feasibility projects	Ongoing
	Ÿ    Commence work with TLA CEs on Study of Local Government Efficiency and Effectiveness	Ongoing
	Ÿ    Continue work with Regional Sector CEs Horizons, Greater Wellington and Government Department CEs as appropriate on southern North Island partnership	Ongoing
	Ÿ    Finalise Shared Services paper with Peter Winder	Ongoing
	Ÿ    Continue involvement with Ministry       of Agriculture and Forestry Peak       Group for implementation of the       ETS	Ongoing
	Ÿ    Attend the Advisory Committee on       Official Statistics	16 November 2011

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 to be made, the decision making provisions of the Local Government Act 2002 do not apply.

RECOMMENDATION

1.      That Council receives the September 2011 Work Plan Looking Forward report.

Andrew Newman Chief Executive

Mike Adye Group Manager Asset Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT: General Business

INTRODUCTION

This document has been prepared to assist Councillors note the General Business to be discussed as determined earlier in Agenda Item 6.

Item	Topic	Councillor / Staff
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT: Chief Executive Remuneration

That Council excludes the public from this section of the meeting, being Agenda Item 15 Chief Executive Remuneration with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being 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
Chief Executive Remuneration	7(2)(a) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to protect the privacy of natural persons.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Viv Moule Human Resources Manager

Fenton Wilson Chairman

HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 21 September 2011

SUBJECT: Confirmation of Public Excluded Minutes from the Regional Council Meeting Held on Wednesday                  24 August 2011

That Council excludes the public from this section of the meeting, being Agenda Item 16 Confirmation of Public Excluded Minutes from the Regional Council Meeting Held on Wednesday 24 August 2011 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
Confirmation of Public Excluded Minutes from the Regional Council Meeting Held on Wednesday                  24 August 2011	7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to 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.

Andrew Newman

Chief Executive