Agenda of Regional Council Meeting

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 15 August 2012

SUBJECT: Representation Review

Reason for Report

1. This paper is to provide Council with representation arrangement proposals for their consideration.

2. At the Regional Council meeting held on 14 December 2011, Council was advised of the need for a representation review prior to the 2013 Local Body elections, including the underlying statutory principles and requirements and the timeline to undertake this review. Council passed the following resolution to initiate the review at that meeting.

That Council:

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 to be developed and brought back to Council for consideration.

3. Although no specific advice was provided at the December meeting, it was suggested that staff consider the make-up of the Hastings constituency and there was general consensus that the number of elected representatives (9) was reasonable and that Wairoa’s ‘community of interest’ status should be retained.

4. At the 25 July Regional Council meeting, Council was provided with two alternatives for representation arrangements and, after discussion, requested that staff investigate three additional alternatives.

5. As a result, five proposals are presented here for Council to consider.

6. Once Council has decided its preferred arrangement, the proposal will be publicly notified and open for public submissions.

Proposal 1

7. Proposal 1 was developed from the suggestion to consider the make-up of the Hastings Constituency and the effectiveness of representation for that area.

8. The proposal is for retention of nine councillors and the Wairoa constituency as a special community of interest. The current Hastings and Central Hawke’s Bay boundaries have been amended to create a fifth constituency, Hastings South. In addition, the Central Hawke’s Bay constituency is proposed to be a special community of interest.

9. The proposed names and boundaries of each of the five proposed constituencies as depicted on Map 1 (following and attached) are:

9.1. Central Hawke’s Bay; the constituency boundary being the same as that for the Central Hawke’s Bay District Council area and apply for this to be a ‘community of interest’.

9.2. Hastings South (name to be confirmed); the constituency boundary being that area which encompasses the wards of Kahuranaki and Havelock North along with parts of Heretaunga within the Hastings District Council area.

9.3. Hastings; the constituency boundary being that area which encompasses the wards of Mohaka, Flaxmere, Hastings and most of Heretaunga within the Hastings District Council area, as well as area units within the Regional boundary belonging to Rangitikei and Taupo District councils.

9.4. Napier; the constituency boundary being the same as that for the Napier City Council area.

9.5. Wairoa; the constituency boundary being the same as that for the Wairoa District Council area and retaining the ‘community of interest’ for that area.

10. Council is to also consider whether there is a more appropriate name for the proposed ‘Hastings South’ constituency, to be reflected in the resolutions if amended.

11. The boundaries of the current Central Hawke’s Bay and Hastings constituencies have been altered to ensure that the final population figures for the proposed Hastings South and Hastings constituencies fall within the requirements of Section 19V(2) of the Local Electoral Act (LEA).

12. The proposed number of members to be elected in each constituency is shown in Table 1.

Table 1 Proposal 1 Population Statistics

Name of Constituency	Number of Members	Population*	Population per Member	% Population Parameter
Central Hawke’s Bay	1	13,430	13,430	-22%
Hastings South	1	15,630	15,630	-9%
Hastings	3	60,000	20,000	+16%
Napier	3	57,780	19,260	+12%
Wairoa	1	8,430	8,430	-51%
Regional Total	9	155,270	17,252

* based on 2011 rounded population estimates from the Government Statistician

13. Using the proposed boundaries, the representation of the Central Hawke’s Bay and Wairoa constituencies fall well short of the stipulated population parameters, being 13,430 and 8,430 respectively. Staff consider that the factors of community of interest and effective representation of community of interest cannot be met within the +/-10% requirement, however, and therefore propose to apply for those two constituencies to be treated as ‘special communities of interest’.

14. Staff considered the key factors of community of interest, effective representation of communities of interest and fair representation and have concluded that the boundary changes and proposed application of ‘community of interest’ for Wairoa and Central Hawke’s Bay will allow the key factors to be met.

15. The LEA s19V(2) population parameter requirements, once Wairoa and Central Hawke’s Bay are treated as a ‘community of interest’ become 155,270 – 8,430 (estimated Wairoa area population) – 13,430 (estimated Central Hawke’s Bay population) = 133,410 ÷ 7 (9 councillors less 1 representative each for Wairoa and Central Hawke’s Bay) = 19,059 per complying constituency. Taking the +/-10% into account, this requires each of the remaining three constituency’s number of electors to be within the range of 17,153 – 20,965 (+/- 10% of 19,059) as reflected in Table 2.

Table 2 Proposal 1 Population Statistics with Wairoa & CHB being ‘community of interest’

Name of Constituency	Number of Members	Population*	Population per Member	% Population Parameter
Central Hawke’s Bay	1	13,430	13,430	n/a
Hastings South	1	18,570	18,570	-3%
Hastings	3	57,060	19,020	-0.2%
Napier	3	57,780	19,260	+1%
Wairoa	1	8,430	8,430	n/a

* based on 2011 rounded population estimates from the Government Statistician

16. The Wairoa constituency was accepted by the Local Government Commission in 2007 as a ‘community of interest’, with the size and diversity of the constituency and reasonable access to representation having been proved. In releasing their decision, the Commission specifically ruled:

16.1.
“We first addressed the issue of the proposed Wairoa Constituency and its non-compliance with the +/- 10% rule. After carefully considering the points raised by the Council and also those made by the Mayor of Wairoa and the Wairoa Constituency Councillors, as set out earlier in this determination, we agree that a separate Wairoa Constituency is necessary to ensure effective representation of this community of interest. In summary we agree that:

16.1.1. Wairoa has a community of interest distinct from the rest of the region, both physically and socio-economically, and this presents particular challenges for community consultation and provision of services;

16.1.2. The physical realities of the area give rise to particular issues not experienced elsewhere including hill country erosion, pressure on coastal development, pest management, transport infrastructure, biodiversity protection, wetland enhancement, flooding and other natural hazards;

16.1.3. Effective representation is most unlikely to be achieved by merging Wairoa into another constituency in order to comply with the +/- 10% rule as this would result in a very large area (70% of the land area of the region) with few commonalities of interest and still eligible for only one councillor;

16.1.4. Effective representation would be compromised in terms of both access to a councillor and representation of the diversity of the constituency; and

16.1.5. The demands on a councillor servicing an enlarged area would be unreasonable.”

17. In respect to the Central Hawke’s Bay constituency, staff believe there is a case for applying for a distinct ‘community of interest’ status, and that the size of the constituency would compromise reasonable access of the electors to an elected member for this area if enlarged to include areas of Hastings District to meet the +/-10% rule. The elected member would be unlikely to realistically be able to attend public meetings throughout the area and provide reasonable opportunities for constituents to have face to face meetings due to long distances having to be travelled given the size of the constituency required to meet the population parameters.

18. The physical realities of the area give rise to particular issues including hill country erosion, pressure on coastal development, biodiversity protection, flooding and other natural hazards. Several communities suffered extensive damage in the 2011 Easter floods and recovery work continues 18 months later.

19. In addition to the physical challenges associated with that area, the community is also the site for the proposed Ruataniwha Water Storage Dam, and should this proceed will be faced with land use intensification challenges not faced elsewhere in the Region.

Proposal 2

20. This proposal is for retention of the status quo, that being nine councillors representing the four constituencies of Wairoa (1), Napier (3), Hastings (4) and Central Hawke’s Bay (1).

21. The proposed names and boundaries of each of the four constituencies as depicted on Map 2 (following and attached) are:

21.1. Central Hawke’s Bay; the constituency boundary being the same as that for the Central Hawke’s Bay District Council area as well as encompassing most of the Hastings District Kahuranaki ward (not including the Waimarama area unit).

21.2. Hastings; the constituency boundary being that area which encompasses the Hastings District Council area, except the majority of the Kahuranaki ward but including the Waimarama area unit, as well as area units within the Regional boundary belonging to Rangitikei and Taupo District councils.

21.3. Napier; the constituency boundary being the same as that for the Napier City Council area.

21.4. Wairoa; the constituency boundary being the same as that for the Wairoa District Council area, retaining the ‘community of interest’ status for that area.

22. In its 2007 determination (attached), the Commission determined that this representation arrangement provided effective Local Government, recognising the diversity of New Zealand communities. Specifically:

“Under section 19R of the Local Electoral Act 2001, the Commission determines that for the election of the Hawke’s Bay Regional Council to be held on 13 October 2007, the following representation arrangements will apply -

(1) The Hawke’s Bay Region, as delineated on S.O. Plan 10572 deposited with Land Information New Zealand, shall be divided into four constituencies;

(2) Those four constituencies shall be –

(a) the Wairoa Constituency, comprising the area delineated on SO Plan 9853 deposited with Land Information New Zealand;

(b) the Napier Constituency, comprising the area delineated on SO Plan 9855 deposited with Land Information New Zealand;

(c) the Hastings Constituency, comprising the area delineated on SO Plan 9854 deposited with Land Information New Zealand; and

(d) the Central Hawke’s Bay Constituency, comprising the area delineated on SO Plan 386632 deposited with Land Information New Zealand;

(3) The Hawke’s Bay Regional Council shall comprise nine councillors elected as follows –

(a) One councillor shall be elected by the electors of the Wairoa Constituency;

(b) Three councillors shall be elected by the electors of the Napier constituency;

(c) Four councillors shall be elected by the electors of the Hastings Constituency; and

(d) One councillor shall be elected by the electors of the Central Hawke’s Bay Constituency.

As required by section 19U(b) of the Local Electoral Act 2001, the boundaries of the above constituencies comply with the boundaries of current statistical meshblock areas determined by Statistics New Zealand and used for Parliamentary electoral purposes.”

23. The Local Electoral Act (LEA) section 19V(2) requires the population of each constituency divided by the number of members to be elected by that constituency to be no more than 10% greater or less than the population of the region (155,270) divided by the total number of elected members unless particular ‘community of interest’ considerations justify otherwise. Based on updated statistics, the range which applies to the current representation arrangement is 15,527 – 18,977 (17,252 +/- 10%), as shown in Table 3.

Table 3 Proposal 2 Population Statistics

Name of Constituency	Number of Members	Population*	Population per Member	% Population Parameter
Central Hawke’s Bay	1	16,370	16,370	-5%
Hastings	4	72,690	18,173	+5%
Napier	3	57,780	19,260	+11%
Wairoa	1	8,430	8,430	-51%
Regional Total	9	155,270	17,252

* based on 2011 rounded population estimates from the Government Statistician

24. The LEA s19V(2) population parameter requirements, once Wairoa is treated as a ‘community of interest’ become 155,270 – 8,430 (estimated Wairoa area population) = 146,840 ÷ 8 (9 councillors less 1 representative for Wairoa) = 18,355 per complying constituency. Taking the +/-10% into account, this requires each of the remaining three constituency’s number of electors to be within the range of 16,519 – 20,191 (+/- 10% of 18,355) as reflected in Table 4.

Table 4 Proposal 2 Population Statistics with Wairoa ‘community of interest’ retained

Name of Constituency	Number of Members	Population*	Population per Member	% Population Parameter
Central Hawke’s Bay	1	16,370	16,370	-11%
Hastings	4	72,690	18,173	-1%
Napier	3	57,780	19,260	+5%
Wairoa	1	8,430	8,430	n/a

* based on 2011 rounded population estimates from the Government Statistician

25. When considered in 2006, the Napier Constituency did not comply with the +/-10% rule, with a slight excess of 2,000 (+13.28%). The Commission determined that the proposed Napier Constituency, reflecting Napier City in its entirety, should be retained notwithstanding its deviation from the fair representation requirement.

26. When factoring current population estimates into the equation, the Central Hawke’s Bay Constituency is now not compliant with the +/-10% rule, by 1%. It is staff’s expectation that the Commission will not consider 1% non compliance to be significant enough to warrant compromising the principles of fair and effective representation. On the other hand, the Commission could decide to move the boundary between CHB and Hastings further into the Hastings constituency to include the population required to meet the parameter.

Proposal 3

27. Proposal 3 has been developed specifically to insure that the population parameters are met by all constituencies within their District Council boundaries, with the exception of Wairoa which would retain its status as a special community of interest. This proposal is for 11 elected representatives to represent 4 constituencies, and to amend the Central Hawke’s Bay and Hastings constituency boundaries to reflect the related District Council boundaries.

28. The proposed names and boundaries of each of the four proposed constituencies as depicted on Map 3 (following and attached) are:

28.1. Central Hawke’s Bay; the constituency boundary being the same as that for the Central Hawke’s Bay District Council area.

28.2. Hastings; the constituency boundary being the same as that for the Hastings District Council area, as well as area units within the Regional boundary belonging to Rangitikei and Taupo District councils.

28.3. Napier; the constituency boundary being the same as that for the Napier City Council area.

28.4. Wairoa; the constituency boundary being the same as that for the Wairoa District Council area and retaining the ‘community of interest’ for that area.

29. The proposed number of members to be elected in each constituency is shown in Table 5.

Table 5 Proposal 3 Population Statistics

Name of Constituency	Number of Members	Population*	Population per Member	% Population Parameter
Central Hawke’s Bay	1	13,430	13,430	-9.4%
Hastings	5	75,630	15,126	+2%
Napier	4	57,780	14,445	-2.5%
Wairoa	1	8,430	8,430	N/A
Total	11	155,270	14,115

* based on 2011 rounded population estimates from the Government Statistician

30. To meet the +/-10% population requirement, each representative community must be within the range of 13,341 – 16,305 (+/- 10% of 14,823). As shown in Table 6, all proposed constituencies except Wairoa fall within the required parameters.

31. As this proposal retains Wairoa’s status as a ‘special community of interest’ no further boundary amendments would be required for the proposal to meet LEA population requirements.

Proposal 4

32. Proposal 4 was developed from the suggestion to consider the make-up of the Hastings Constituency and the effectiveness of representation for that area.

33. The proposal is for retention of nine councillors and the Wairoa constituency as a special community of interest. The Central Hawke’s Bay boundaries have been amended to reflect the District Council boundaries and application will be made for this constituency to be a special community of interest. The boundaries of the Hastings District Council have then been split into two in order to create a fifth constituency.

34. The proposed names and boundaries of each of the five proposed constituencies as depicted on Map 4 (following and attached) are:

34.1. Central Hawke’s Bay; the constituency boundary being the same as that for the Central Hawke’s Bay District Council area and apply for this to be a ‘community of interest’.

34.2. Hastings South (name to be confirmed); the constituency boundary being that area which encompasses the wards of Kahuranaki and Havelock North along with parts of Heretaunga within the Hastings District Council area as well as area units within the Regional boundary belonging to Rangitikei District Council.

34.3. Hastings North (name to be confirmed); the constituency boundaries being the area which encompasses the wards of Mohaka, Flaxmere, Hastings and most of Heretaunga within the Hastings District Council area, as well as area units within the Regional boundary belonging to Taupo District Council.

34.4. Napier; the constituency boundary being the same as that for the Napier City Council area.

34.5. Wairoa; the constituency boundary being the same as that for the Wairoa District Council area and retaining the ‘community of interest’ for that area.

35. Council is to also consider whether there is a more appropriate name for the proposed ‘Hastings North’ and ‘Hastings South’ constituencies, to be reflected in the resolutions if amended.

36. The LEA s19V(2) population parameter requirements, once Wairoa and Central Hawke’s Bay are treated as a ‘community of interest’ become 155,270 – 8,430 (estimated Wairoa area population) – 13,430 (estimated Central Hawke’s Bay population) = 133,410 ÷ 7 (9 councillors less 1 representative each for Wairoa and Central Hawke’s Bay) = 19,059 per complying constituency. Taking the +/-10% into account, this requires each of the remaining three constituency’s number of electors to be within the range of 17,153 – 20,965 (+/- 10% of 19,059) as reflected in Table 6.

Table 6 Proposal 4 Population Statistics with Wairoa & CHB being ‘community of interest’

Name of Constituency	Number of Members	Population*	Population per Member	% Population Parameter
Central Hawke’s Bay	1	13,430	13,430	n/a
Hastings South	2	37,190	18,595	-2.4%
Hastings North	2	38,440	19,220	+0.8%
Napier	3	57,780	19,260	+1%
Wairoa	1	8,430	8,430	n/a

* based on 2011 rounded population estimates from the Government Statistician

37. In respect to the Central Hawke’s Bay constituency, staff believe that the area is a distinct community of interest as discussed previously (proposal 1) in paragraphs 17-19, and that the size of the constituency would compromise reasonable access of the electors to an elected member for this area if enlarged to include areas of Hastings District to meet the +/-10% rule.

Proposal 5

38. Proposal 5 considers the make-up of the Hastings Constituency in terms of the effectiveness of representation for that area, using an urban/rural split.

39. Proposal 5 is for retention of nine councillors and the Wairoa constituency as a special community of interest. The Central Hawke’s Bay boundaries have been amended to reflect the District Council boundaries and application will be made for this constituency to be a special community of interest. The boundaries of the Hastings District Council have then been split into predominantly urban and predominantly rural constituencies to create a fifth constituency.

40. The proposed names and boundaries of each of the five proposed constituencies as depicted on Maps 5 (following and attached) and 5A (attached) are:

40.1. Central Hawke’s Bay; the constituency boundary being the same as that for the Central Hawke’s Bay District Council area and apply for this to be a ‘community of interest’.

40.2. Hastings Urban (name to be confirmed); the constituency boundary being that area which encompasses the wards of Hastings and Flaxmere within the Hastings District Council area.

40.3. Hastings Rural (name to be confirmed); the constituency boundaries being the area which encompasses the wards of Havelock North, Heretaunga, Kahuranaki, and Mohaka within the Hastings District Council area, as well as area units within the Regional boundary belonging to Rangitikei and Taupo District councils.

40.4. Napier; the constituency boundary being the same as that for the Napier City Council area.

40.5. Wairoa; the constituency boundary being the same as that for the Wairoa District Council area and retaining the ‘community of interest’ for that area.

41. Council is to also consider whether there is a more appropriate name for the proposed ‘Hastings Urban’ and ‘Hastings Rural’ constituencies, to be reflected in the resolutions if amended.

42. The LEA s19V(2) population parameter requirements, once Wairoa and Central Hawke’s Bay are treated as a ‘community of interest’ become 155,270 – 8,430 (estimated Wairoa area population) – 13,430 (estimated Central Hawke’s Bay population) = 133,410 ÷ 7 (9 councillors less 1 representative each for Wairoa and Central Hawke’s Bay) = 19,059 per complying constituency. Taking the +/-10% into account, this requires each of the remaining three constituency’s number of electors to be within the range of 17,153 – 20,965 (+/- 10% of 19,059) as reflected in Table 7.

Table 7 Proposal 5 Population Statistics with Wairoa & CHB being ‘community of interest’

Name of Constituency	Number of Members	Population*	Population per Member	% Population Parameter
Central Hawke’s Bay	1	13,430	13,430	n/a
Hastings Urban	2	40,520	20,260	+6%
Hastings Rural	2	35,110	17,555	-8%
Napier	3	57,780	19,260	+1%
Wairoa	1	8,430	8,430	n/a

* based on 2011 rounded population estimates from the Government Statistician

Summary Table of Proposals

Proposal 1	Proposal 2 (Status Quo)	Proposal 3	Proposal 4	Proposal 5
5 Constituencies	4 constituencies	4 Constituencies	5 Constituencies	5 Constituencies
9 Councillors	9 Councillors	11 Councillors	9 Councillors	9 Councillors
CHB CoI (1)	CHB (1)	CHB (1)	CHB CoI (1)	CHB CoI (1)
Hastings Sth (1) Hastings (3)	Hastings (4)	Hastings (5)	Hastings Sth (2) Hastings Nth (2)	Hastings Urban (2) Hastings Rural (2)
Napier (3)	Napier (3)	Napier (4)	Napier (3)	Napier (3)
Wairoa CoI (1)	Wairoa CoI (1)	Wairoa CoI (1)	Wairoa CoI (1)	Wairoa CoI (1)
Map 1	Map 2	Map 3	Maps 4 & 4A	Maps 5 & 5A

* CoI = Community of Interest

Process and Timelines

43. Council needs to consider which proposal for representation arrangements is preferred, and adopt that proposal at this meeting.

44. Once a decision has been made by Council, the proposed representation arrangements will be publicly notified (Saturday 18 August) and the public invited to make submissions. The submission period closes one calendar month after public notification as required.

45. Council will consider the submissions received (proposed Hearing date Wednesday 24 October) and finalise its proposal, which may be different in light of any submissions received. The final proposal must then be publicly notified with six weeks of the closing of the submission period (Saturday 27 October), and if there are any objections from the public those appeals (close of public appeals period Tuesday 27 November) will go to the Local Government Commission for hearing and determination along with Council’s final proposal.

46. Regardless of whether any appeals are received, Council’s final proposed representation arrangements will be referred to the Local Government Commission for its determination as any arrangements that include ‘community of interest’ considerations must be determined by the Commission in accordance with LEA 19(V)(4). Staff intend to lodge Council’s final proposed Representation Arrangements, including any appeal documentation, by Friday 21 December 2012.

47. The timelines for representation matters are as follows.

Date	Action Required
By Fri 31/08/12 (or earlier) *HBRC 15 August*	Local authority determines proposed representation arrangements including provision of Maori wards/constituencies if they are to be established [Sec 19H and Schedule 1A Clause 1, LEA]
By Sat 8/09/12 (or earlier) *HBRC 18 August*	Public notice of proposed representation arrangements within 14 days of passing of resolution under Sec 19H LEA [Sec 19M LEA]
By Mon 8/10/12 (or earlier) *HBRC 18 September*	Close of public submissions to proposed representation arrangements not less than one month after date of public notice [Sec 19N LEA]
By Mon 19/11/12 (or earlier) *HBRC 24 October* *HBRC 27 October*	Public submissions on proposed representation arrangements heard by local authority within 6 weeks of closing date for submissions [Sec 19N LEA] Public notice of ‘final’ representation arrangements following consideration of submissions within 6 weeks of closing date for submissions [Sec 19N LEA]
By Thurs 20/12/12 (or earlier) *HBRC 27 November*	Close of public appeals/objections to ‘final’ representation arrangements not less than one month after date of public notice [Secs 19O & 19P LEA]
By Tues 15/01/13 (or earlier) *HBRC 21 December*	Any appeals/ objections/ material on representation arrangements review to LGC [Sec 19Q LEA]
By Wed 10/04/13 (or earlier)	Determinations by LGC on representation arrangements review [Sec 19R LEA]
By Sat 11/05/13	Determination subject to appeal to High Court on a point of law (Schedule 5 Clause 4 LGA). Appeal must be lodged within one month of determination.

Decision Making Process

48. Once Council has made a decision on what the proposed representation arrangement will be, that proposal will be subject to the consultative procedures under the Local Electoral Act (LEA) sections 19M and 19N, which include a full public notification process and then the opportunity for submissions to be received from any member of the public on the proposal, with an ultimate right of appeal to the Local Government Commission. Therefore the specific requirements of the Local Government Act 2002 in respect to decision making are fully accounted for through the process specified in the LEA.

Recommendations

That Council:

1. Acknowledges the consultation procedures required for Representation Reviews under the Local Electoral Act (sections 19M and 19N).

2. Specific resolution for proposal chosen as Council’s preferred Representation Arrangement as attached.

Leeanne Hooper

Governance & Corporate Administration Manager

Carol Gilbertson

Transport Manager

Paul Drury

Group Manager Corporate Services

Attachment/s

Local Government Commission Determination, April 2007

3 Maps for all Proposals Attached