Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed everyone to the meeting, and Councillor Gilbertson offered the prayer.

Resolution

RC33/12 That the apology for absence from Councillor Dick be accepted.

Remmerswaal/McGregor

CARRIED

Notice was given that due to the volume of submissions received and the number of submitters wishing to be heard, a fourth day had been added to the schedule for hearings. Submissions on the Long Term Plan 2012-22 would now be heard on Monday 11, Tuesday 12, Wednesday 13, and Thursday 14 June. Meetings would commence at 9am each day, and finish at 5pm. It was further suggested that, if need be, evening sessions may be required and would be advised.

Notice was given that the Horticultural Field Day is scheduled on Wednesday 6 June 2012, which Council was a sponsor of and to enable councillors to attend it was agreed that the start time for the Environmental Management Committee would be changed to 1pm.

2. Conflict of Interest Declarations

Councillor von Dadelszen expressed an interest in item 10. There were no other conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 1 May 2012

RC34/12

Resolution

Minutes of the Regional Council Meeting held on Tuesday, 1 May 2012, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/Rose

CARRIED

4. Matters Arising from the Minutes of the Regional Council Meeting Held on Monday 18 April 2012

There were no matters arising from the minutes.

Action Items from Previous Regional Council Meetings

Mr Newman updated Council on the status of the RWS feasibility study and advised that the 5 economic impact studies would be available over the next 3 months.

RC35/12

Resolution

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

McGregor/von Dadelszen

CARRIED

Call for General Business Items

The following items of General Business were raised.

Hearings (Cr Scott)

Roundup in waterways (Cr Remmerswaal)

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 43 DP 12692 CT E1/59 - Transfer 1.1.2 Lot 22 DP 14228 CT G1/44 - Transfer 1.1.3 Lot 22 DP 6391 CT D4/1432 - Transfer 1.1.4 Lot 14 DP 4488 CT 55/91 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.5 Lot 297 DP 10632 CT B4/416 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.6 Lot 29 DP 12309 CT D2/503 - Transfer 1.1.7 Lot 62 DP 13039 CT E2/1232 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.8 Lot 160 DP 6598 CT C4/387 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.9 Lot 74 DP 6598 CT C2/303 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.10 Lot 29 DP 13693 CT F2/1291 - Agreement for Sale and Purchase (cross-lease 2 x 10% discount landlord and 1 x 17.5% discount resides at property) 1.1.11 Lot 94 DP 13039 CT E2/1241 - Transfer 1.1.12 Lot 129 DP 2172 CT 55/190 - Transfer 1.1.13 Lot 1 DP 12517 CT D4/964 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.14 Lot 99 DP 13055 CT E2/1291 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.15 Lot 23 DP 4488 CT 56/286 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.16 Lot 1 DP 13384 CT F1/1022 - Transfer 1.1.17 Lot 78 DP 13695 CT F2/1325 - Transfer 1.1.18 Lot 112 DP 12692 CT E1/70 - Agreement for Sale and Purchase (discount 10% landlord) - Transfer 1.1.19 Lot 62 DP 13495 CT F3/185 - Agreement for Sale and Purchase (discount 10% landlord) - Transfer 1.1.20 Lot 167 DP 13096 CT E3/537 - Transfer 1.1.21 Lot 83 DP 7201 CT B4/807 - Transfer 1.1.22 Lot 38 DP 12309 CT D2/505 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.23 Lot 2 DP 14972 CT G4/574 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.24 Lot 19 DP 7872 CT D3/879 - Agreement for Sale and Purchase (discount 10% landlord) 1.1.25 Lot 11 DP 4488 CT 55/86 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.26 Lot 442 DP 11447 CT B4/1220 - Agreement for Sale and Purchase (discount 10% landlord) - Transfer 1.1.27 Lot 24 DP 11689 CT C3/28 - Transfer 1.1.28 Lot 40 DP 6391 CT E2/1454 - Agreement for Sale and Purchase (cross-lease 1 x 10% discount landlord and 2 x 17.5% discount resides at property) 1.1.29 Lot 197 DP 2172 CT G1/524 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.30 Lot 337 DP 11329 CT B3/1312 - Transfer 1.1.31 Lot 1 DP 4318 CT 54/220 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.32 Lot 159 DP 12611 CT D4/1096 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.33 Lot 70 DP 9684 CT B3/1015 - Transfer 1.1.34 Lot 61 DP 11717 CT C3/78 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.35 Lot 232 DP 10728 CT C1/301 - Transfer 1.1.36 Lot 187 DP 7756 CT C2/450 - Transfer 1.1.37 Lot 115 DP 11999 CT D1/456 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.38 Lot 63 DP 14224 CT F4/1499 - Agreement for Sale and Purchase (discount 10% landlord) 1.1.39 Lot 3 DP 14665 CT G3/320 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.40 Lot 91 DP 13380 CT F1/612 - Transfer 1.1.41 Lot 4 DP 11626 CT C2/598 - Agreement for Sale and Purchase (discount 10% landlord) 1.1.42 Lot 277 DP 10775 CT 211860 - Agreement for Sale and Purchase (discount 10% landlord) 1.1.43 Lot 60 DP 10121 CT c3/1178 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.44 Lot 33 DP 10513 CT D2/1140 - Agreement for Sale and Purchase (cross-lease 1 x 10% discount landlord and 1 x 17.5% discount resides at property) 1.1.45 Lot 44 DP 14448 CT G2/680 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.46 Lot 1 DP 13899 CT F4/425 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.47 Lot 88 DP 13696 CT F2/1337 - Transfer 1.1.48 Lot 3 DP 4531 CT 55/207 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer 1.1.49 Lot 71 DP 2172 CT 56/251 - Agreement for Sale and Purchase (discount 10% landlord) 1.1.50 Lot 144 DP 2172 CT 55/192 - Agreement for Sale and Purchase (cross-lease 1 x 10% discount landlord and 2 x 17.5% discount resides at property) 1.1.51 Lot 110 DP 13039 CT E2/1251 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.52 Lot 10 DP 4221 CT c2/403 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.53 Lot 19 DP 7872 CT D3/879 - Transfer 1.1.54 Lot 17 DP 12780 CT E1/739 - Agreement for Sale and Purchase (discount 10% landlord) 1.1.55 Lot 133 DP 13096 CT E3/529 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.56 Lot 140 DP 6598 CT C2/322 - Agreement for Sale and Purchase (discount 17.5% resides at property)	3291 3292 3293 3294 3332 3295 3345 3296 3297 3342 3298 3350 3299 3300 3301 3302 3303 3304 3366 3305 3367 3306 3307 3309 3310 3311 3330 3312 3313 3314 3315 3318 3353 3319 3351 3320 3321 3337 3322 3356 3323 3324 3326 3335 3327 3328 3354 3329 3348 3331 3333 3334 3336 3338 3360 3339 3340 3341 3343 3344 3346 3347 3349 3352 3355 3357 3358 3359 3361 3362 3363 3364 3365 3368 3369	13 April 2012 13 April 2012 13 April 2012 16 April 2012 7 May 2012 16 April 2012 10 May 2012 17 April 2012 17 Apirl 2012 9 May 2012 17 April 2012 16 May 2012 17 April 2012 17 April 2012 19 April 2012 20 April 2012 20 April 2012 23 April 2012 22 May 2012 23 April 2012 22 May 2012 23 April 2012 23 April 2012 23 April 2012 24 April 2012 24 April 2012 3 May 2012 24 April 2012 24 April 2012 24 April 2012 24 April 2012 24 April 2012 16 May 2012 27 April 2012 16 May 2012 27 April 2012 27 April 2012 7 May 2012 30 April 2012 16 May 2012 1 May 2012 1 May 2012 1 May 2012 7 May 2012 1 May 2012 3 May 2012 16 May 2012 3 May 2012 11 May 2012 4 May 2012 7 May 2012 7 May 2012 7 May 2012 7 May 2012 18 May 2012 9 May 2012 9 May 2012 9 May 2012 10 May 2012 10 May 2012 11 May 2012 11 May 2012 16 May 2012 16 May 2012 16 May 2012 18 May 2012 18 May 2012 18 May 2012 21 May 2012 21 May 2012 21 May 2012 21 May 2012 22 May 2012 23 May 2012 23 May 2012
1.2	Staff Warrants 1.2.1 C. Ormsby (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 J. Shanks (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) 1.2.3 J. Tantrum (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) 1.2.4 N. Hudson (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) 1.2.5 T. Wilding (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)	3288 3289 3308 3316 3317	13 April 2012 13 April 2012 23 April 2012 23 April 2012 23 April 2012
1.3	Apiculture Harvest Agreement HBRC and Comvita (Tutira Country Park)	3290	13 April 2012
1.4	Specification Waikatuku River Stopbank Upgrading Whakaki Marae (Contract No: 11-04-4295C)	3325	1 May 2012

RC36/12

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.

Scott/Rose

CARRIED

Transfer of Port of Napier Ltd Shares to Hawke's Bay Regional Investment Company

Mr Drury sought Council’s agreement to conclude the transfer process by completing the necessary documentation.

RC37/12

Resolutions

That Council:

2. Notes that a special consultative process was undertaken during April and May 2011 on the proposal to consider the establishment of an investment company and the proposed transfer of its 100% shareholding in the Port of Napier Limited to this investment company.

3. Authorises the Chairman and Deputy Chairman of the Council, acting on the Council’s behalf, to execute the documentation transferring the Council’s shareholding in PONL to HBRIC, in accordance with Council’s decisions made on 29 February and 18 April 2012.

Rose/von Dadelszen

CARRIED

Replacement Maori Committee Representative

The paper was taken as read.

RC38/12

Resolution

That Council:

1. Appoints Dr Benita Wakefield as the Maori Committee representative on the Environmental Management Committee to replace Marei Apatu.

Gilbertson/Scott

CARRIED

10.

Mexted and Williams Resource Consent Appeal

Councillor von Dadelszen expressed an interest in this item so did not participate in discussion, nor vote on the matter.

Mrs Charlotte Drury explained the outcomes of the mediation and appeal processes, and the implications for Council.

RC39/12

Resolutions

That Council:

2. Revoke the decision made by Council on 10 June 2010 and acknowledges that staff who attend the Environment Court hearing will adopt a neutral position that is supported by the evidence that the Regional Council’s experts have prepared.

Scott/Rose

CARRIED

11.

Resolution of the AFFco Appeal

Mrs Charlotte Drury reviewed the history of this appeal, and updated Council on the resolution being considered today, and the rationale for staff’s recommendation to not seek costs through the Environment Court. It was noted that the consent order stated that neither party would be applying for costs.

Concerns relating to water quality in the river were expressed, and it was noted that there were conditions requiring AFFco to further improve the quality of the effluent being discharged.

RC40/12

Resolutions

That Council:

2. Authorises Regional Council’s counsel to sign a draft consent order on behalf of the Regional Council that will settle the AFFCo appeal.

3. Agrees that an application for costs should not be lodged with the Environment Court in relation to these appeal proceedings.

Scott/McGregor

CARRIED

12.

Change 3 & Variation 3 (On-Site Wastewater) - Hearing Panel Recommendations

Mr Gavin Ide provided Council with an overview of the recommendations, and an explanation of the principles of natural justice. Mrs Drury provided some more technical explanations for clarity in relation to groundwater tables and design specifications.

Council’s attention was drawn to Rule 37 (a)(b) in particular.

RC41/12

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 submissions 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. Further, the decisions to be made are part of a public submission process required under the Resource Management Act 1991.

2. Adopts the recommendations (and reasons stated) including the correction of ‘winter’ to ‘highest seasonal’ in RRMP Rule 35e.i. and RCEP Rule 26d.i. of the Hearing Panel as set out in Attachment 2.

3. Authorises Council officers to undertake the administrative work necessary to issue the decisions of Council to submitters.

4. Notes that by issuing decisions on submissions, this milestone does not alter Council’s earlier resolution that the modified on-site wastewater rules will only come into force after the completion of the submissions > hearing > decisions > appeal proceedings and declared operative.

Scott/Kirton

CARRIED

14.

Recommendations from the Asset Management and Biosecurity Committee

The paper was taken as read.

RC42/12

Resolutions

That Council:

Biosecurity Operational Plans 2012/2013

2. Adopt the:

2.1. Animal Pest Operational Plan 2012/13.

2.2. Plant Pest Operational Plan 2012/13.

2.3. Phytosanitary Operational Plan 2012/13.

In accordance with the requirements of the Biosecurity Act 1993; after the inclusion of any amendments made as a result of the Committee’s consideration.

Land Management Operational Plan 2012/13

3. Approves the proposed 2012/13 Operational Plan for the Land Management section. Taking into consideration the feedback received at today’s meeting.

Rose/Scott

CARRIED

15.

Recommendations from the Corporate and Strategic Committee

The paper was taken as read.

It was suggested that Oil and Gas exploration be investigated for inclusion on the list of risks to Council.

RC43/12

Resolutions

That Council:

Risk Assessment

2. 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.

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

Additional Expense Disclosures in the Long Term Plan 2012-22

4. Does not include additional expense disclosures, as detailed and discussed at the 16 May 2012 Corporate and Strategic Committee meeting, in the final Long Term Plan document.

von Dadelszen/McGregor

CARRIED

16.

Election of the Environment and Services Committee Chairman

The disestablishment of the Environmental Management and Asset Management & Biosecurity committees provided for formation of the single Environment & Services Committee.

The following issues in relation to the Terms of Reference for the Committee were raised.

Where does Land Management fit
Matters around consent hearings and appeals
Statutory Advocacy
Environmental Education

It was confirmed that full the terms of reference includes the Committee Membership and meeting frequency information.

Councillor von Dadelszen nominated Councillor Rose for the position of Chairman of the Environment and Services Committee. Councillor Wilson seconded the nomination.

RC44/12

Resolutions

That Council:

2. Notes that the Terms of Reference will be amended to include the additional matters for the Committee’s work programme as noted, in relation to Land Management, consent hearings and appeals, Statutory Advocacy, Environmental Education.

3. Appoints all members of the Council to the Environment and Services Committee.

4. Appoints Cllr Rose as Chairman of the Environment and Services Committee.

5. Notes that the two Maori committee representatives on the Environment and Services Committee will be appointed at the June Maori committee meeting for recommendation to Council at the 27 June Regional Council meeting.

von Dadelszen/Wilson

CARRIED

The meeting adjourned at 10.30 and reconvened at 10.55am.

13.

Variation 1: Rivermouth Hazard Areas - Hearing Panel Recommendation

Mr Ide provided an overview of the Hearing Panel’s recommendations and the rationale for those.

RC45/12

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 submissions 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. Further, the decisions to be made are part of a public submission process required under the Resource Management Act 1991.

2. Adopts the recommendations (and reasons stated) of the Hearing Panel as set out in Attachment 1.

3. Agrees that the increased extents of the Taylors Bay, Blackhead Beach and Te Apiti Stream rivermouth hazard areas be considered as part of the Council’s future review of coastal erosion and coastal inundation hazards; and notes that that review is scheduled for the 2014-15 period in the 2012-22 Draft Long Term Plan.

4. Authorises Council officers to undertake the administrative work necessary to issue the decisions of Council to submitters.

Gilbertson/McGregor

CARRIED

17.

May 2012 Work Plan - Looking Forward

Ms Lambert updated Council on the status of key stakeholder groups and strategic alliances which is one of the Right Debate topics being considered through the LTP submissions process.

RC46/12

Resolution

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

Rose/McGregor

CARRIED

18.

Systems Integration Project - Web Update

Mr Kahl Olsen provided council with an update on the Systems Integration project which was on track in terms of progress and budgets. In addition, the benefits and quality aspects of the new system are already exceeding initial expectations.

Mr Anthony Gouder provided Council with a presentation of the new website, which is scheduled to go live on 18 June.

RC47/12

Resolution

1. That the report be received.

Scott/Rose

CARRIED

19.

Chairman's Monthly Report (Tabled)

Chairman Wilson provided further details on key activities he’s been involved with over the past few weeks.

RC48/12

Resolution

1. That the report be received.

McGregor/Scott

CARRIED

20.

General Business

Item	Topic	Councillor / Staff
1.	There is a Hearing scheduled in the Council Chamber on Tuesday 5 June to hear an objection to conditions by a resource consent applicant.	Cr Scott
2.	Roundup in waterways – it was asked that staff provide councillors with any policy and/or rules relating to the discharge of chemicals into waterways.	Cr Remmerswaal

21.

Confirmation of Public Excluded Minutes of the Meeting Held on 18 April 2012

RC49/12

Resolution

1. That Council excludes the public from this section of the meeting, being Agenda Item 21 Confirmation of Public Excluded Minutes of the Meeting Held on 18 April 2012 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 of the Meeting Held on 18 April 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).

7(2)(j) 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 prevent the disclosure or use of official information for improper gain or improper advantage.

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

Scott/Gilbertson

CARRIED

22.

Integration of Freshwater Activities - Supporting Information

RC50/12

Resolution

1. That Council excludes the public from this section of the meeting, being Agenda Item 22 Integration of Freshwater Activities - Supporting Information 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

Integration of Freshwater Activities - Supporting Information

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

Scott/Rose

CARRIED

23.

Public Excluded Recommendations from the Corporate and Strategic Committee

RC51/12

Resolution

1. That Council excludes the public from this section of the meeting, being Agenda Item 23 Public Excluded Recommendations from the Corporate and Strategic Committee 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 Recommendations from the Corporate and Strategic Committee

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

Scott/McGregor

CARRIED

The meeting went into public excluded session at 12.10pm and out of public excluded session at 2.40pm

Closure:

There being no further business the Chairman declared the meeting closed at 2.40pm on Wednesday, 30 May 2012.

Signed as a true and correct record.

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