MINUTES OF A meeting of the Regional Council
Date: Wednesday 26 October 2011
Time: 9.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
T Gilbertson
N Kirton
E McGregor
L Remmerswaal
K Rose
C Scott
E von Dadelszen
F Wilson - Chairman
In Attendance: A Newman – Chief Executive
M Mohi – Chairman – Maori Committee
H Codlin – Group Manager Strategic Development
M Adye – Group Manager Asset Management
P Drury – Group Manager Corporate Services
EA Lambert – Group Manager External Relations
L Hooper – Governance & Corporate Administration Manager
Chairman Wilson welcomed everyone to the meeting, and Councillor Remmerswaal offered the prayer.
Councillor Rose put forward a Motion, which was seconded by Councillor von Dadelszen, being:
RC1/11 Resolution
The Hawke’s Bay Regional Council congratulates the New Zealand Rugby Union on the magnificent achievement of the All Blacks in winning the Rugby World Cup, and acknowledges the leadership of team Captain Ritchie McCaw. It further thanks those responsible for the organising of the most successful Rugby World Cup Tournament.
Council requests that the Chairman conveys this resolution to the Rugby Union.
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 21 September 2011
Minutes of the Regional Council Meeting held on Wednesday, 21 September 2011, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record. CARRIED |
4. Matters Arising From Minutes of the Regional Council Meeting held on Wednesday 21 September 2011
There were no matters arising from the minutes.
Action Items From Previous Regional Council Meetings |
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Mr Newman provided Council with an update on the status of the various actions on the list. |
1. That the Council receives the report “Action Items from Previous Meetings”. CARRIED |
Pauline Elliott - Oil And Gas Exploration and Extraction In Hawke's Bay |
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Mrs Elliott introduced Mr David Appleton, who was attending in support as a member of the . An information document was tabled in support of the presentation. Citizens concerned about the ‘blanket’ permit issued by Central Government given the potential environmental effects of exploration drilling processes. Seeking details relating to the exploration and drilling be made public, and that Council consider their regulatory role under the RMA. Details sought relate to water use, disposal of chemical waste and fracking. Mrs Elliott introduced Dawn Hariata Bennett, of Ngati Mihiroa hapu, who spoke about her and her mother’s concerns. |
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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.
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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. CARRIED |
Adoption of the Audited 2010-11 Annual Report |
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Mr Drury provided Council with an overview of the end of year results, and the process for making the Annual Report available to the public. |
That Council: 1. Adopts the 2010/11 Annual Report, under Section 98 of the Local Government Act 2002, including amendments from this meeting, and authorises the Chairman and Chief Executive to sign the Annual Report on behalf of Council. 2. Amends the Council's Policy Handbook Section 2.2.2 to reflect the above resolution. CARRIED |
Recommendation from the Regional Transport Committee |
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The paper was taken as read. |
Adoption of Draft Annual Report 2010/11 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. Approves the 2010/11 Annual Report on the Regional Land Transport Programme and the Regional Land Transport Strategy. CARRIED |
Recommendations from the Maori Committee |
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A document containing further recommendations from the Maori committee meeting held yesterday (25 October) was tabled in addition to the paper included with the initial Agenda papers which contained recommendations from the meeting held on 20 September. Mr Mohi provided background and rationale for the recommendations from the Committee meetings. There was discussion surrounding Council’s policy on Significance, contained within council’s Regional Policy Statement. Members of the Committee asked that mana whenua replace the term tangata whenua in Council documents. |
The Maori Committee recommends that Council: Replacement Maori Committee Member on the Environmental Management Committee 1. Agrees that Mr Marei Apatu replaces Mr Morry Black as one of the two Maori Committee representatives on the Environmental Management Committee. Maori Constituency 2. Agrees not to promote or support the establishment of a Maori Constituency for the 2013 local authority elections. Update on Unwanted Agrichemical Collection Programme 3. Requests that Central Hawke’s Bay and Wairoa District councils consider supporting the implementation of the Hazmobile collection in their areas. Hawke’s Bay Land and Water Strategy 4. Adopts the Hawke’s Bay Land and Water Strategy, as amended by feedback received at the Environmental Management Committee meeting. 5. Endorses the second Regional Land and Water Symposium event to be held on Wednesday, 30 November 2011 as the key engagement event. 6. Notes concern expressed by the Maori Committee at the lack of progress by Council to keep stock out of Council managed flood scheme areas. Update on Taharua Strategy Feedback and Project Review 7. Notes the public feedback received on the ‘Taharua and Upper Mohaka Draft Strategy.’ 8. Receives the van Voorthuysen report, 9. Notes the van Voorthuysen report’s conclusion that “Notification of a Taharua – Upper Mohaka plan change by the end of 2011 is unrealistic.” 10. Notes the complexity of the planning environment with respect to managing land uses for water quality enhancement purposes. 11. Agrees that staff continue to compile the information required in order to prepare a robust statutory plan change and associated section 32 evaluation. 12. Agrees that for future Environmental Management Committee meetings, staff present updates outlining progress on significant work streams and that at the February 2012 meeting a comprehensive programme for completion of a robust statutory plan change is prepared for the Committee’s consideration. CARRIED |
Hawke's Bay Tourism First Quarter Update |
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Mr George Hickton (Chairman), Ms Annie Dundas (General Manager), and Mr Sam Orton (Director & Deputy Chairman) provided Council with a presentation outlining HB Tourism’s activities and results for the first three months of the 2011-12 financial year, including progress toward meeting their agreed Key Performance Indicators. |
1. That Council receives the report from Hawke’s Bay Tourism Limited for the three months ending 30 September 2011. CARRIED |
The meeting adjourned at 10.45am and reconvened at 11.05am.
Report From Delegation to Xuzhou, China |
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The Chairman welcomed Mr Ron Massey and Mr Murray Douglas who were members of the recent delegation that visited Xuzhou, China. Mrs Lambert highlighted the goals of the visit as detailed in the report. Mr Massey congratulated the Councillors and staff who were members of the delegation on representing themselves and the region well. Councillors acknowledged the contributions of Mr Massey and Mr Douglas and the benefits their planing, expertise and organisation provided, and the contributions of staff (Mrs Lambert and Mr Adye) to the success of the visit. Councillors also acknowledged the role of the Chairman and his wife and how that contributed to how the delegation was received. |
1. That Council receives the report. CARRIED |
Regional Sport and Recreation Strategy - Terms of Reference |
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Mrs Lambert introduced three new members of the External Relations Team: Helen Shea, Communications Specialist, Philippa Green, Community Engagement Coordinator, and Anthony Gouder, Digital Media Coordinator.
Mrs Lambert provided Councillors with the history related to the Terms of Reference for the Regional Sport and Recreation Strategy and why their approval was being sought. The Terms of Reference had been approved by Hastings District Council and required adoption by all the contributing Council’s prior to going back to the Sports Council for further development and refinement of the details. The Strategy is expected to cost approximately $50,000. Council asked that the philosophy of collaboration as opposed to coordination be embodied in the Strategy, and sought a Terms of Reference document that provided more detail around the outcomes the Strategy was expected to achieve. |
1. Council agrees that this agenda item does lie on the table. CARRIED |
Recommendations from the 12 October 2011 Environmental Management Committee |
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Ms Codlin provided Councillors with an opportunity to provide feedback on the Draft Land and Water Management Strategy and agreed to some amendments relating to more clearly expressing the high level environmental outcomes to be achieved. Councillor Dick exited the meeting at 12.10pm. It was confirmed that any of the Air Quality Plan Change (Change 2) rules that are ‘beyond legal challenge’ (i.e. open fire ban date) cannot be changed or altered by Council at this stage without going through an entirely new Statutory Plan Change process as the decisions are the result of a Hearing process. Discussions staff have had with the mayors of Hastings and Napier relating to issues of implementation and enforcement of the rules included how smoke related complaints would be managed by TLAs. A change to the date for Change 2 to become operative (from 2012 to 2014 as suggested) would affect some rules, e.g. the Time of Sale Rule (18h) but not those already beyond legal challenge or those containing a specific date (e.g. phase out dates). It was reiterated that this was a procedural step and was not an opportunity to re-debate the content of Change 2. If Council wanted to modify any of the content of Change 2 a separate plan change following due process would be required. Councillor Dick rejoined the meeting at 12.45pm. |
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. Hawke’s Bay Land And Water Strategy 2. Adopts the Hawke’s Bay Land and Water Management Strategy as amended by feedback received at the Environmental Management Committee. 3. Endorses the second Regional Land and Water Symposium event to be held on Wednesday 30 November 2011 as the key engagement event.
4. Conveys its appreciation to the members of the External Reference Group for the time and energy they have committed to the development of the Strategy over the last 12 months. Update on Taharua Strategy Feedback and Project Review 5. Notes the public feedback received on the ‘Taharua and Upper Mohaka Draft Strategy’. 6. Notes the van Voorthuysen report’s conclusion that “notification of a Taharua-upper Mohaka Plan Change by end 2011 is unrealistic”. 7. Notes the complexity of the planning environment with respect to managing land uses for water quality enhancement purposes. 8. Agrees that staff continue to compile the information required in order to prepare a robust statutory plan change and associated section 32 evaluation. 9. Agrees that for future Environmental Management Committee meetings, staff will present updates outlining progress on significant work streams and that at the February 2012 meeting a comprehensive programme for completion of a robust statutory plan change is prepared for the Committee’s consideration. Regional Policy Statement “Built Environment” Plan Change Update 10. Agrees to defer the adoption of a ‘Built Environment’ Change to the Regional Policy Statement (RPS) until after a meeting of the Environmental Management Committee scheduled following the Asset Management and Biosecurity Committee meeting on 16 November 2011. Plan Change Process For Heretaunga Zone - Integrated Catchment Management 11. Agrees that a plan change to review the allocation limits and minimum flows for the Karamu Stream be delayed to enable an integrated catchment approach to the Heretaunga Zone. 12. Instructs staff to work with stakeholders and consent holders of consents which expire in 2013 to find a mutually acceptable arrangement that would enable the consents to be processed on a non-notified basis. 13. Instructs staff to hold a scoping workshop for Integrated Management of the Heretaunga Zone. von Dadelszen/Kirton CARRIED Air Quality Plan Change Councillor Remmerswaal moved an amendment to 14.2, which Councillor Gilbertson seconded proforma, to: Agrees in-principle that Change 2 becomes operative from 1 January 2014’. Remmerswaal/Gilbertson 0 for: 8 Against: 1 (Remmerswaal) Abstained LOST 14. Subject to the Environment Court issuing a Consent Order settling the appeal by Solid Energy NZ Limited: 14.1 Agrees in-principle to approve Change 2 (Air Quality) to the Regional Resource Management Plan in accordance with Clause 17 Schedule 1 of RMA; and 14.2 Agrees in-principle that Change 2 becomes operative from 1 January 2012.
15. Receives the information about PM10 concentration trends within the Napier and Hastings Airsheds. Councillor Remmerswaal Abstained CARRIED |
The meeting adjourned at 12.55pm and reconvened at 1.30pm, with Councillor McGregor absent.
Annual Plan Progress Report to 30 September 2011 |
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Mr Drury provided Councillors with highlights of the financial results for the first 3 months of the current financial year. Councillor McGregor rejoined the meeting at 1.35pm. |
1. That Council receives the report. CARRIED |
Quarterly Significant Initiatives Update for Council |
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Mr Newman and Mr Adye responded to queries in relation to the Ruataniwha Stakeholder Group and Land Management Team resources. It was noted that future updates of the Water Metering information will include a trend line comparison of how many meters are required to be installed and how many have been installed to date. |
1. That Council receives the report titled ‘Quarterly Significant Initiatives Update for Council’. CARRIED |
October 2011 Work Plan - Looking Forward |
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Mr Newman responded to queries in relation to progress on mediation of the AFFCO appeal and the Environmental work programmes for the Ruataniwha Water Storage project. |
1. That Council receives the October 2011 Work Plan Looking Forward report. CARRIED |
Chairman's Monthly Report (Tabled) |
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Chairman Wilson provided details to the councillors in relation to the Poutiri Ao o Tane project steering group which includes DoC, iwi (Mangharuru) and Tutira land owners and is developing a strategy for biodiversity in the area. |
1. That the Chairman’s report for 21 September to 25 October 2011 be received. CARRIED |
General Business |
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21. Confirmation of the Public Excluded Minutes of the Regional Council Meeting held 21 September 2011.
Resolution
RC16/11 1. That Council excludes the public from this section of the meeting, being Agenda Item 21 Confirmation of Public Excluded Minutes from the Regional Council Meeting Held on Wednesday 21 September 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 21 September 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. |
Rose/Scott
CARRIED
The meeting went into public excluded session at 2.30pm
Resolution
RC17/11 1. The Public Excluded minutes of the Regional Council Meeting held on Wednesday, 21 September 2011, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.
Rose/Scott
CARRIED
22. Matters arising from the Public Excluded Minutes of the Regional Council Meeting held 21 September 2011
There were no matters arising.
Resolution
RC18/11 1. That Council moves out of public excluded session.
Scott/Rose
CARRIED
The meeting moved out of public excluded session at 2.35pm
Closure:
There being no further business the Chairman declared the meeting closed at 2.36pm on Wednesday, 26 October 2011.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................