Minutes of Regional Council Meeting

1. Welcome /Prayer /Apologies /Notices

Chairman Wilson welcomed everyone to the meeting and Councillor McGregor offered the prayer. Councillor Remmerswaal was ‘in attendance’ via Skype internet link.

Councillor Rose requested that a letter of congratulations be written on Council’s behalf by the Chairman, to Craig Foss and Chris Tremain for their being re-elected, and their ministerial appointments.

Resolution

RC20/11 1. That the apologies from Councillor Neil Kirton for absence, and Councillor Remmerswaal’s apologies for absence from the meeting after item 9 Investment Company Establishment be accepted.

Scott/Rose

CARRIED

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

Councillor Dick arrived at 9.45am

3. Confirmation of Minutes of the Regional Council Meeting Held on 23 November 2011

RC21/11

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 23 November 2011, a copy having been circulated prior to the meeting, were taken as read and 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 23 November 2011

There were no matters arising from the minutes.

Action Items From Council Meetings

Mr Newman and Mr Maxwell spoke about the section 36 charges and the communication with land owners/consent holders. A memo including all of the correspondence to date was distributed to Councillors. Councillor McGregor declared an interest in the item as a consent holder. It was suggested that although a comprehensive set of information had been sent out, the clarity of the information being provided to consent holders needed to be sharpened up so that it was clear who was paying for what, and what they were getting for their money.

Mr Newman stated that Council was awaiting formal signing of an Irrigation Acceleration Fund grant from the government which has pledged a contribution to the Water Storage feasibility project.

It was suggested that, in order to keep Mayors up to date with the projects HBRC was progressing, a copy of the monthly Looking Forward report be sent out to them.

Mr Drury provided an overview of the additional information provided as an attachment to the item in relation to Leasehold property sales.

Mr Wilson expressed his desire that members of the community take every opportunity offered to them in relation to the discounted freehold offering which would only be available until the end of June 2012.

RC22/11

Resolution

1. That Council receives the report “Action Items from Council Meetings”.

Rose/Gilbertson

CARRIED

Consideration of General Business Items

Water information trip (McGregor)

Peter Dunn 1080 (Gilbertson)

Hydrology Conference (Scott)

The Port presentation (Scott)

Maori Committee Meeting Held 13 December 2011

Mr Mohi advised that the Committee had discussed a hui with Tag-Apache representatives, held in relation to their oil and gas exploration activities in the Porangahau area. The committee has requested that a Cultural Impact Assessment be undertaken for any applications for resource consent.

Maritime NZ had thanked Maori representatives for their assistance during the Rena event, and this had brought about discussion relating to marae assistance during civil defence emergencies and the importance of keeping those networks involved.

Mr Mohi suggested that science staff be encouraged to meet with him prior to presenting to the Maori Committee for advice on how to ‘pitch’ the information.

Mr Mohi also expressed the importance of keeping the ‘tentacles’ of Maoridom informed of water management and other strategies Council was involved in, and involved with their development.

RC23/11

Resolution

1. That the report be received.

Scott/Gilbertson

CARRIED

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 20

DP 12309

CT D2/499

- Transfer

1.1.2 Lot 179

DP 11149

CT B1/113

- Transfer

1.1.3 Lot 29

DP 12692

CT E1/52

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

- Transfer

1.1.4 Lot 28

DP 13693

CT F2/1290

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.5 Lot 84

DP 11780

CT C3/512

- Agreement for Sale and Purchase

(discount 10% landlord)

1.1.6 Lot 11

DP 13039

CT E2/1214

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

- Transfer

1.1.7 Lot 5

DP 4488

CT 55/123

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.8 Lot 104

DP 14450

CT G2/730

- Transfer

1.1.9 Lot 224

DP 11194

CT B3/86

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

- Transfer

1.1.10 Lot 7

DP 13899

CT F4/429

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.11 Lot 44

DP 13216

CT E4/371

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.12 Lot 117

DP 11717

CT C3/82

- Agreement for Sale and Purchase

(discount 17.5% resides at property)

1.1.13 Lot 5

DP 7201

CT B4/920

- Transfer

1.1.14 Lot 57

DP 12226

CT D2/162

- Transfer

1.1.15 Lot 99

DP 11780

CT C3/520

- Agreement for Sale and Purchase

(discount 10% landlord)

3159

3160

3161

3171

3163

3164

3165

3166

3170

3172

3173

3180

3174

3175

3176

3177

3178

3179

18 November 2011

19 November 2011

25 November 2011

23 November 2011

25 November 2011

1 December 2011

6 December 2011

2 December 2011

6 December 2011

1.2

Staff Warrants

1.4.1 K. Sigglekow (Delegations under Biosecurity Act 1993; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

3162

21 November 2011

1.3

Proxy

Port of Napier Limited

3169

23 November 2011

RC24/11

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.

McGregor/Gilbertson

CARRIED

Establishment of Investment Company

Councillor Remmerswaal was ‘in attendance’ at the meeting via Skype in order to participate in this item.

Mr Drury introduced Mr Andrew Weir and Ms Lauren Hibberd who were in attendance to provide clarification in relation to the Statement of Objectives and the Constitution, prior to providing a general overview of the contents of the report.

In response to a question relating to distribution of dividends to shareholders and company running costs, Mr Drury stated that the dividends estimated in the paper were less the projected running costs. It was further asked whether there were any specific clauses within the documentation which provided ‘exceptional’ protection against investment in questionable enterprises, to which the response stated that clause 1.3 limits the ambit of the company to align with the strategic goals of Council, preventing their investing in ventures that don’t meet that requirement.

Councillor McGregor assumed the Chair for Recommendation 4 appointment of directors. Councillors Alan Dick, Liz Remmerswaal, Christine Scott and Fenton Wilson submitted CVs (attached) in support of their applications to serve on the Transition Board of Directors for the Investment Company. Voting, by show of hands was undertaken, with results following.

To appoint Councillor Alan Dick: 7 votes (Dick, McGregor, Scott, Rose, von Dadelszen, Wilson, Remmerswaal)
To appoint Councillor Liz Remmerswaal: 2 votes (Dick, Remmerswaal)
To appoint Christine Scott: 6 votes (Dick, McGregor, Scott, Rose, von Dadelszen, Wilson)
To appoint Fenton Wilson: 6 votes (McGregor, Scott, Rose, von Dadelszen, Wilson, Remmerswaal)

The councillors to be appointed to the transition board are therefore Alan Dick, Christine Scott and Fenton Wilson.

RC25/11

Resolutions

That Council:

1. Notes the further information contained in this report.

von Dadelszen/Rose

CARRIED

2. Approves the draft Statement of Objectives as Council’s Statement of Objectives for the Investment Company from 1 February 2012.

von Dadelszen/Rose

CARRIED

3. Approves the draft Constitution of the Investment Company as its constitution.

von Dadelszen/Rose

CARRIED

4. Approves the appointment of three Councillors as members of the Transition Board as elected through voting, those being:

4.1. Councillor Alan Dick

4.2. Councillor Christine Scott

4.3. Councillor Fenton Wilson

5. Agrees that the appointment of three independent directors to the Investment Company Transition Board, does lie on the table.

von Dadelszen/Rose

CARRIED

6. Subject to any decisions to be made on valuation, approves the transfer of its shareholding in the Port of Napier Limited to the Investment Company with effect from 1 February 2012.

7. Notes that the Investment Company will submit its Statement of Corporate Intent to Council no later than 30 March 2012.

Rose/McGregor

CARRIED

Councillor Remmerswaal logged off at 10.45am.

The meeting adjourned at 10.45am and reconvened at 11.05am.

10.

Regional Planning Committee Revised Terms of Reference

Ms Lambert responded to a question of setting the quorum of 75% and whether that was achievable and appropriate. It was suggested by Council that the quorum be re-set at 50% + 1 (of those present and eligible to vote). A requirement of membership of the Committee was signing of the Deed of Commitment.

The Terms of Reference under consideration was an interim document that would be superseded once the Committee was established under legislation, at which time the legislated Terms of Reference would apply.

RC26/11

Resolutions

That Council:

2. Resolves to retain the definition of i) Quorum as being 50% +1 of the members of the Committee, amends the date contained in h) Term of Membership to 2013, and adopts the remainder of the revised Terms of Reference for the Regional Planning Committee, noting that this Terms of Reference is interim until the permanent Committee is established through legislation.

Scott/Dick

CARRIED

11.

Representation Review

Ms Hooper explained that it was required by legislation, that Council carry out a representation review prior to the 2013 elections, and sought guidance as to what issues Councillors would suggest be investigated as part of that review.

It was queried whether it might be time to reconsider the communities of interest in terms of ‘fair representation of the rural voice’ and whether there may be an appetite for investigation of the rural representation.

Some expressed a belief that Council should support the status quo unless there was evidence of significant changes in population statistics.

Ideally representation should reflect the proportion of the communities’ interests in the issues and work programmes.

Concern was expressed about the size of the Hastings constituency, and whether the communities of interest could be grouped to form 2 constituencies.

Ensuring that the rural voice is heard is very important, and equity for all ratepayers.

RC27/11

Resolutions

That Council:

1. Exercises its discretion under Section 79(1)(a) and 82(3) of the Act, and makes 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 the option available to the public to demand a poll under the Local Electoral Act should they choose to do so and can obtain the necessary number of signatures (5% of the electors).

2. Commences the representation review process by considering the matters raised in this paper and provides direction to Council staff on the scope of any proposals for alternatives to the current representation arrangements developed and brought back to Council for consideration.

Scott/Rose

CARRIED

12.

Chief Executive Appointment

The report was taken as read, and reflected the result of a robust process resulting in the reappointment of Mr Newman.

The support of Councillors for Mr Newman was noted.

RC28/11

Resolutions

That Council:

1. Agrees that the decision to be made is 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. Ratifies the appointment of Andrew Newman as Chief Executive for a 5 year term effective from the date of signing the employment agreement.

3 Council confirms the key performance indicators as negotiated, for the years 2012-2016.

Wilson /von Dadelszen

CARRIED

14.

Environment Court Appeals - Using a Risk Analysis Framework

Mr Newman introduced the item prior to Mr Miller providing an overview of the report’s findings, as well as costs accrued to date this financial year. Staff processes to respond to appeals were in place to be as efficient and cost effective as possible if an appeal was unavoidable.

RC29/11

Resolution

1. That Council receives the report on Environment Court appeals and referrals.

Scott/Rose

CARRIED

15.

Annual Plan Progress Report for First Five Months of 2011/2012 from 1 July 2011 to 30 November 2011

Mr Drury and Mr Peacock provided Councillors with the key budget variations and the reasons for those variances.

RC30/11

Resolution

1. That Council receives the Annual Plan Progress Report for the first five months of the 2011/12 financial year be received.

Rose/Gilbertson

CARRIED

16.

Update on Regional Sector Freshwater Management Initiatives

Mr Newman introduced the item, which was provided in order to update Councillors on progress in this area nationally and what impacts that may have on the regional scene.

Ms Lambert then provided further detail on the progression of the Land and Water Forum recommendations and how those might be carried forward to implementation.

Policy Agility is a relatively new area of work, looking at how the regional sector might be able to improve their ability to implement RMA policy changes more quickly.

RC31/11

Resolution

1. That Council receives the report.

Scott/Dick

CARRIED

The meeting adjourned at 12.45pm and reconvened at 1.15pm.

13.

Rugby World Cup 2011 Report

Mr Peter Mooney and Mr Ross Bramwell provided highlights from the Hawke’s Bay Regional Coordination Group report on the Rugby World Cup 2011.

Mr Newman expressed Council’s thanks for all of the hard work and efforts they had put into the coordination of the events.

RC32/11

Resolution

1. That Council receives the report.

Rose/McGregor

CARRIED

17.

Update on Tag-Apache Oil Exploration Programme

By way of introduction, Mr Newman made note that the oil exploration permits were issued nationally and that the Council’s role related to managing environmental effects. Given the importance of a single regulatory approach, Council staff were working with Taranaki, Horizons, Tararua, Gisborne and Central Hawke’s Bay council staff.

Mr Lawrence explained that the current exploration programme was working toward completion by October 2012. It was acknowledged that there was risk associated with fracking, but staff felt that, from the research done to date, those risks were not significantly greater than the other risks associated with drilling activities. The types of permits likely to be needed related to well construction, monitoring the integrity of the well and stormwater management.

It is intended that Tag-Apache make a presentation to the 25 January 2012 Corporate and Strategic Committee meeting.

RC33/11

Resolution

1. That Council receives the report.

Gilbertson/Rose

CARRIED

18.

December 2011 Work Plan Looking Forward

The Chairman confirmed that this report would be sent out to Mayors in future in an effort to keep TLAs updated on the activities of Council.

RC34/11

Resolution

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

Scott/Rose

CARRIED

19.

Chairman's Monthly Report (to be tabled)

The Chairman had not prepared a report, due to the short time between this and the last Council meeting.

RC35/11

Resolution

That the Chairman’s verbal report be received.

Gilbertson/Rose

CARRIED

20.

General Business

Item	Topic	Councillor / Staff
1.	Water information trip Councillor McGregor advised that a public field trip to CHB to look at the Tukituki River had been organised for 2 February as an information sharing day.	McGregor
2.	Peter Dunn and 1080 Councillor Gilbertson read recently that Peter Dunn was vehemently opposed to the use of 1080. It was suggested that if that was the case, Council should write to Mr Dunn to suggest that he reconsider his stance in light of recent research findings.	Gilbertson
3.	Hydrology Conference A report on the conference was tabled for Councillors.	Scott
4.	The Port presentation At the Institute of Directors breakfast presentation this morning, it was noted that the Port had achieved exceptional results in difficult circumstances.	Scott

21. Confirmation of the Public Excluded Minutes of the Regional Council Meeting held 23 November 2011.

Resolution

RC36/11 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 23 November 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 23 November 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.

McGregor/Scott

CARRIED

The meeting went into public excluded session at 2.35pm

Resolution

RC37/11 1. The Public Excluded minutes of the Regional Council Meeting held on Wednesday, 23 November 2011, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/McGregor

CARRIED

22. Matters arising from the Public Excluded Minutes of the Regional Council Meeting held 23 November 2011

There were no matters arising.

Resolution

RC38/11 1. That Council moves out of public excluded session.

Scott /Gilbertson

CARRIED

The meeting moved out of public excluded session at 2.40pm

Closure:

There being no further business the Chairman declared the meeting closed at 2.42pm on Wednesday, 14 December 2011.

Signed as a true and correct record.

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