MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 18 April 2012

 

Time:                          9.30am

 

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     A J Dick

T Gilbertson

N Kirton

E McGregor

L Remmerswaal

K Rose

C Scott

F Wilson  - Chairman

 

In Attendance:          A Newman – Chief Executive

M Mohi – Chairman – Maori Committee

P Drury – Group Manager Corporate Services

EA Lambert – Group Manager External Relations

I Maxwell – Group Manager Resource Management

M Miller – Manager Consents

M Adye – Group Manager Asset Management

J Peacock – Corporate Accountant

L Hooper – Governance & Corporate Administration Manager

 


1.       Welcome/Prayer/Apologies/Notices

Deputy Chairman McGregor welcomed everyone to the meeting, and Councillor Dick offered the prayer.

Resolution

RC19/12    1.     That the apologies for lateness from Councillor Wilson and absence from Councillor von Dadelszen be received.

RoseScott/

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 March 2012

RC20/12

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 21 March 2012, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/Kirton

CARRIED

 

4.       Matters Arising from the Minutes of the Regional Council Meeting Held on Wednesday 21 March 2012

It was noted that HB District Health Board was undertaking a study relating to health effects arising from the process of fracking.

There were no further matters arising from the minutes.

 

5.

Action Items From Previous Regional Council Meetings

 

Mr Newman provided a brief update on recent happenings relating to the Ruataniwha Water Storage project. It was suggested that an update newsletter distribution be extended to include wider national and international audience.

Mr Drury advised that the financial model for reporting internal time, consultant, contractor, contributions and legal costs per group or activity/project was being developed for the first three years of the LTP.

There was mention that there had been very positive feedback on the open day held yesterday, 17 April, at the Dalton Street office and

RC21/12

Resolution

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

Rose/Scott

CARRIED

 

6.

Call for General Business Items

 

1.        Future of the East coast Rail Service (Cr Dick)

2.        Tractor (Cr Rose)

3.        Council position on East Coast Rail (Cr Remmerswaal)

 

4.        Trust for the elderly (Cr McGregor)

5.        James Hunter’s field day (Cr Gilbertson)

6.        Upcoming Committee meeting dates (Mrs Lambert)

 

 

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 108

          DP 2172

          CT  P3/1244

-     Transfer

 

1.1.2     Lot 91

          DP 12692

          CT  E1/63

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

-     Transfer

 

1.1.3     Lot 94

          DP 13039

          CT  E2/1241

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.4     Lot 29

          DP 12309

          CT  D2/503

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.5     Lot 17

          DP 12309

          CT  D2/498

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

-     Transfer

 

1.1.6     Lot 455

          DP 11559

          CT  C1/1463

-     Transfer

 

1.1.7     Lot 88

          DP 13696

          CT  F2/1337

-     Transfer

 

 

 

 

 

 

1.1.8     Lot 129

          DP 2172

          CT  55/190

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.9     Lot 337

          DP 11329

          CT  B3/1312

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.10  Lot 188

          DP 11149

          CT  B1/1217

-     Transfer

 

1.1.11  Lot 167

          DP 13096

          CT  E3/537

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.12  Lot 70

          DP 9684

          CT  B3/1015

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.13  Lot 9

          DP 11689

          CT  C3/13

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

-     Transfer

 

1.1.14  Lot 181

          DP 11149

          CT  B1/1215

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

-     Transfer

 

1.1.15  Lot 78

          DP 13695

          CT  F2/1325

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.16  Lot 91

          DP 13380

          CT  F1/612

-     Agreement for Sale and Purchase

      (discount 17.5% resides at property)

 

1.1.17  Lot 232

          DP 10728

          CT  C1/301

-     Agreement for Sale and Purchase

      (discount 10% landlord)

 

 

 

1.1.18  Lot 485

          DP 2451

          CT  55/117

-     Transfer

 

1.1.19  Lot 110

          DP 12692

          CT  E1/69

-     Transfer

 

1.1.20  Lot 83

          DP 7201

          CT  B4/807

-     Agreement for Sale and Purchase

      (discount 10% landlord)

 

 

1.1.21  Lot 187

          DP 7756

          CT  C2/450

-     Agreement for Sale and Purchase
      (discount 17.5% resides at property)

 

 

 

 

 

3260

 

 

 

 

3261

 

3262

 

 

 

 

3263

 

 

 

 

 

3264

 

 

 

 

 

3265

 

3272

 

 

 

 

3267

 

 

 

 

3268

 

 

 

 

 

 

 

 

 

3269

 

 

 

 

 

3270

 

 

 

 

 

3271

 

 

 

 

3273

 

 

 

 

 

3274

 

 

 

 

 

3276

 

3277

 

 

 

 

3278

 

3279

 

 

 

 

3280

 

 

 

 

 

3281

 

 

 

 

 

3282

 

 

 

 

 

 

 

3283

 

 

 

 

3284

 

 

 

 

3285

 

 

 

 

 

 

3286

 

 

 

 

21 March 2012

 

 

 

 

21 March 2012

 

21 March 2012

 

 

 

 

21 March 2012

 

 

 

 

 

22 March 2012

 

 

 

 

 

26 March 2012

 

3 April 2012

 

 

 

 

26 March 2012

 

 

 

 

29 March 2012

 

 

 

 

 

 

 

 

 

29 March 2012

 

 

 

 

 

30 March 2012

 

 

 

 

 

30 March 2012

 

 

 

 

3 April 2012

 

 

 

 

 

3 April 2012

 

 

 

 

 

3 April 2012

 

3 April 2012

 

 

 

 

3 April 2012

 

3 April 2012

 

 

 

 

5 April 2012

 

 

 

 

 

5 April 2012

 

 

 

 

 

5 April 2012

 

 

 

 

 

 

 

5 April 2012

 

 

 

 

10 April 2012

 

 

 

 

10 April 2012

 

 

 

 

 

 

12 April 2012

1.2                                                                                   

Staff Warrants

1.2.1   N. Berry

          (Delegations under Resource Management Act 1991; Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174)

 

1.2.2.  L. Christison

             (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))

 

1.2.3    I Maxwell

             (Delegations under Resource Management Act 1991; Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174)

 

 

3266

 

 

 

 

 

 

 

 

3275

 

 

 

 

 

 

 

 

3287

 

 

 

 

 

 

26 March 2012

 

 

 

 

 

 

 

 

02 April 2012

 

 

 

 

 

 

 

 

12 April 2012

 

 

 

 

 

RC22/12

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.

Gilbertson/Scott

CARRIED

 

8.

RMA Delegations

 

Mr Maxwell provided some background about how these delegations had been dealt with in the past. The intention of this paper is to bring all of the delegations together, rather than piecemeal as had been done in the past. These delegations are not new, the purpose of this is to bring everything together.

Mr Miller stated that changes to the delegations had been made to reflect changes in officer titles and to clarify where the delegation sat, i.e. specifically the delegations to the CE. In 2003, the ability for the CE to delegate his delegations further – to members of staff – was revoked. An overview and explanation of the changes to the delegations was provided by the covering paper.

It was noted that the process for enforcement action started at officer level and CE had final sign-off to proceed with significant actions.

In response to a query in relation to the transfer of water take and use consents, it was noted that there were provisions and delegations under RMA section 136 to enable efficiency in dealing with those.

Delegations for gravel extraction permits are held by specialist staff with specialist knowledge and skills.

It was suggested that a central Delegations Register be developed.

RC23/12

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.     Pursuant to section 34A (1) of the Resource Management Act 1991, the Hawke’s Bay Regional Council delegates its powers, duties and functions to the officers’ positions listed in attachment one.

3.     Revokes all previous delegations to officers of powers, duties or functions under sections 22, 36, 37, 37A, 38,1B, 41C, 42, 42A, 87, 88, 91, 92, 92A, 95, 95A, 95B, 99, 100, 101, 102, 103, 104, 104A, 104B, 104C, 104D, 104F, 105, 107, 108, 114, 124, 124A, 124B, 124C, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 134, 135, 136, 137, 138, 138A, 139, 139A, 165B, 245, 289, 357A, 357B, 357C, 357D of the Resource Management Act 1991.

Scott/Rose

CARRIED

 

9.

Councillor Remuneration 2012/13

 

Mr Peacock provided an overview of the process for determining the distribution of the pool and changes from the Remuneration Authority.

 

RC24/12

Resolutions

That Council:

1.      Resolves the level of payments to be made to Councillors with and without Chair responsibilities for the 2012/13 financial year, consistent with the remuneration pool as advised by the Remuneration Authority covering that period, and recommend to the Remuneration Authority that these payment levels be included in the determination for the 2012/13 financial year.

2.      Replaces (subject to the approval of the Remuneration Authority) Section 1.4.2 (Remuneration) of Council’s Policy Handbook with the following from 1 July 2012, and with elected members only ever being eligible for one salary with that salary being the highest applicable from the following table.

Role

 

Comment

Salary

Chairman of Council

Salary

After deduction for full use of Council supplied vehicle

$105,715

Deputy Chairman of Council

Salary

Representing a differentiation of $4,500 between a Councillor with no committee chair responsibilities or Deputy Chairman responsibilities

$50,330.50

Chair of:

-    Hearings Committee

-    Regional Transport Committee

-    Environment and Services Committee

-    Regional Planning Committee

-    Corporate and Strategic Committee

Salary

Representing a differentiation of $4,500 between a Councillor with no committee chair responsibilities or Deputy Chairman responsibilities

50,330.50

Elected Members of Council

Salary

 

$45.830.50

 

3.      Resolves the level of remuneration for the Chairman of the Maori Committee be set for the 2012/13 financial year at the salary for an elected member of Council without committee chair responsibilities and note that this payment of this salary is not funded from the net Council remuneration pool as advised by the Remuneration Authority.

4.      Resolves that the level of meeting fees and travel allowance paid to members of the Maori Committee remain unchanged at $265 per day and $0.74 per kilometre respectively from 1 July 2012.

5.      Resolves that tangata whenua appointed members of the Maori Committee (excluding the Chairman of the Maori Committee) who are appointed to Plan hearings that are not related to resource consent hearings be remunerated at the rates set out in the applicable Local Government Elected Members Determination for all hearing time, as defined in that determination.

Rose/Dick

CARRIED

 

 

10.

Port of Napier Limited Valuation

 

Mr Drury provided the rationale for the recommendations presented. The valuation is for determining the market value of the company to the shareholder and is reflected on Council’s books. It was noted that Council’s dividend policy needed to be very clear, and reflected in the returns expected for HBRIC.

The valuation, even at the conservative end of the scale, represents a very significant increase in the value.

RC25/12

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 revalue its shareholding in PONL from $120.54 million to $177.4 million as recommended by the Board of Directors of PONL and as valued by Deloitte in accordance with the Council’s policy for valuing its shareholding in PONL.

3.      Notes this revaluation will affect the investment policy performance targets contained in the Draft LTP2012-2022, and that changes will be made to the final version of the Plan to reflect the impact of the revaluation.

4.      Sets the value at which its 100% shareholding in PONL will be transferred to HBRIC at $177.4 million consistent with its resolution on 29 February 2012 to make the transfer at the revalued price determined by Deloitte as at 31 March 2012.

5.      Notes that HBRIC will issue 177.4 million $1.00 fully paid ordinary shares to the Council in settlement of this transfer.

6.      Notes HBRIC will be seeking advice on the accounting and taxation implications for HBRIC (if any) of the higher valuation at which it acquires PONL.

Rose/Scott

CARRIED

 

11.

Hawke's Bay Wine Country - Dissolution

 

Mr Drury provided an overview of the steps to be taken to dissolve the HB Wine Country Trust and transfer the brand to HBRC as detailed in the paper.

RC26/12

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.      Approves that the Hawke’s Bay Wine Country Brand be transferred from the Hawke’s Bay Wine Country Trust to HBRC.

 

 

3.      Approves Council including a licence agreement with Hawke’s Bay Tourism as part of the funding agreement for as long as there is a HB Tourism – HBRC funding agreement in existence, at a licence fee of $1.00 per annum, noting that the current funding agreement is for a period of three years.

4.      Authorises the Chief Executive to sign all documents to put these resolutions into effect.

Kirton/Dick

CARRIED

 

The meeting adjourned at 1035 and reconvened at 1050am, with Councillor Wilson assuming the Chair.

 

14.

Hawke's Bay Tourism Nine Monthly Update

 

Mr George Hickton (Chairman) and Ms Annie Dundas (General Manager) provided background to the financial figures provided as part of the report on the HB Tourism Limited results for the 9 months to 31 March 2012.

RC27/12

Resolution

1.      That Council receives the report from Hawke’s Bay Tourism Limited for the nine months ending 31 March 2012.

Gilbertson/McGregor

CARRIED

 

12.

Leasehold Land Freeholding Progress

 

Mr Keenan provided an overview of the figures and what they represented, as well as a proposal to assist more cross-lease property owners to seek freehold titles.

RC28/12

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.      Approves that a letter be sent to all cross lessees of Napier leasehold property providing information on options that can be considered to facilitate cross lease freeholding.  One of these options will be for subdivision of the cross lease property and that in order to facilitate the subdivision process for cross lessee properties, Council will provide the following concessions.

2.1    Council will cover the legal costs to create the new leases affected by the subdivision and will cover the valuation fees on the new leases when drawn up.

2.2    That subsequent to the subdivision being finalised, the freeholding price will be calculated using the valuations prior to the subdivision being affected.

 

 

 

2.3    To acknowledge that the subdivision process could take some time to investigate and complete, the discounts to freehold resolved by Council on 28 July 2011 will continue to be available to cross lessees who commence the process of subdivision prior to 30 June 2012.

3.     Resolves that the discounts to freehold resolved by Council on 28 July 2011 will continue to be available to all other lessees who initiate the freeholding process prior to 30 June 2012.

Dick/Kirton

CARRIED

 

13.

April 2012 Work Plan - Looking Forward

 

Mr Newman provided further detail and context in relation to the CHB wastewater discharge consent and the proposed alternative system, as well as the hill country afforestation proposal and the open day held to publicise the Long Term Plan 2012-22 and the activities of Council.

RC29/12

Resolution

1.      That Council receives the March 2012 Work Plan Looking Forward report.

Scott/Rose

CARRIED

 

16.

Chairman's Monthly Report (to be Tabled)

 

Chairman Wilson provided detail and context as requested, on the report tabled, including the HB prosperity study.

Councillor McGregor spoke about his experience representing Council at the recent Tuatara release.

RC30/12

Resolution

1.      That the report be received.

Rose/Scott

CARRIED

The meeting adjourned at 1235pm and reconvened at 1.10pm with Mr Mohi absent.

15.

Annual Plan 2011-12 Progress Report for the Nine Months Ending 31 March, Including Re-forecasting

 

Mr Peacock outlined the financial figures provided in the report, and explanations for the results presented. Mr Maxwell, Mr Drury and Mr Adye provided further details to clarify aspects of the reforecast budgets relating to non-recoverable costs of appeals, insurance and flood protection schemes.

RC31/12

Resolution

1.      That Council receives the Annual Plan Progress Report for the first nine months of 2011/12 financial year and adopts the reforecast budgets.

Dick/Kirton

CARRIED

 


 

17.

General Business

 

 

Item

Topic

Councillor / Staff

1.  

Future of the East Coast Rail Service
Councillor Dick believes that the result of not repairing damage to the line and closing it would be disastrous, and advocates strongly for maintaining this link into the future.

Councillor Wilson has had discussions with Mr Quinn (Kiwirail) about the future of the line, and has not heard any direct statements about closing it. In fact, indications are that meeting the future demands of moving increases in production from the rural sector are being considered.

Cr AJ Dick

2.  

Tractor           
Councillor Rose expressed his disappointment that Councillors weren’t informed of the purchase of such a significant, expensive piece of equipment prior to the acquisition being made public.
The funding for the purchase comes from the Operations Group asset replacement reserve.

Cr K Rose

3.  

Council Position on East Coast Rail
Following on from previous previous discussion, Councillor Remmerswaal suggested that Council publicly express its support for the Gisborne-Napier rail link.

Cr L Remmerswaal

4.  

Trust for the Elderly
As a Trustee, councillor McGregor advised that the Trust was changing its name to Ageing Positively in HB.

Cr E McGregor

5.  

James Hunter’s Field Day
Councillor Gilbertson attended the field day at the farm which was awarded the Ballance Award this year.

Cr T Gilbertson

6.

Upcoming Committee Meeting Dates
Tangata whenua and other councillors took part in training after the inaugural RPC meeting and there was a suggestion that the Committee hold a full Committee meeting to discuss the policy work programme, to get to know the Councillors better and discuss how the new committee will function.

Mrs EA Lambert

 


Councillor Kirton was excused at 2.34pm and left the meeting.

 

18.

Confirmation of Public Excluded Meeting Held on 21 March 2012

 

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 the Public Excluded Minutes of the Regional Council Meeting held 21 March2012

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.

 

19.

Matters Arising From Public Excluded Minutes of Meeting Held on 21 March 2012

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Matters Arising from  the Public Excluded Minutes of the Regional Council Meeting held 29 February 2012

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.

 

20.

Public Excluded Chairman's Report

RC32/12

Resolution

 

1.    That Council excludes the public from this section of the meeting, being Agenda Items 18 Confirmation of Public Excluded Meeting Held on 21 March 2012, 19 Matters Arising From Public Excluded Minutes of Meeting Held on 21 March 2012 and 20 Public Excluded Chairman's Report 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

Public Excluded Chairman's Report

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.

7(2)(c)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide and would be likely otherwise to damage the public interest.

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Rose/Gilbertson

CARRIED

 

The meeting went into public excluded session at 2.35pm and out of public excluded session at 2.55pm

 

 

Closure:

There being no further business the Chairman declared the meeting closed at 2.55pm on Wednesday, 18 April 2012.

 

Signed as a true and correct record.

 

 

 

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