MINUTES OF A meeting of the Regional Council
Date: Wednesday 27 February 2013
Time: 9.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
T Gilbertson
N Kirton
E McGregor
L Remmerswaal
K Rose
C Scott
F Wilson - Chairman
In Attendance: M Mohi – Chairman – Maori Committee
A Newman – Chief Executive
E Lambert – General Manager (Operations)
H Codlin – Group Manager Strategic Development
I Maxwell – Group Manager Resource Management
L Hooper – Governance & Corporate Administration Manager
H Caldwell – Corporate Accountant
M Adye – Group Manager Asset Management
P Drury – Group Manager Corporate Services
B Riley – Senior Planner
1. Welcome/Prayer/Apologies/Notices
The Chairman welcomed all those present before offering the prayer.
It was noted that Councillor von Dadelszen was absent, on leave of absence.
Resolutions
RC6/13 1. That the apologies for lateness from Councillor Rose and Mr Mohi be accepted.
McGregor/Gilbertson
CARRIED
RC7/13 2. That the late item “Consequences of Land Transport Management Act Amendments ” be added, as agenda item 23, to the agenda under standing orders 3.7.5; the reason being that the recent advice from NZTA and Ministry of Transport in regard to implications of the LTMA Bill for the procurement of public transport services, needs to be taken into account as a matter of urgency for our tendering process as current PT contracts are due to expire.
3. That Council waives the requirement of Standing Order 2.12.4, “an agenda detailing the business to be brought before that meeting together with relevant attachments must be received by every member not less than two clear working days before the day appointed for the meeting” in order to consider the item at the meeting today.
Dick/Wilson
CARRIED
The Chairman advised that agenda items may be considered out of order to allow for presentations at specific times, and that Mr Newman would need to leave at noon.
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 20 February 2013
Minutes of the Regional Council Meeting held on Wednesday, 20 February 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record. CARRIED |
4. Matters Arising From Minutes of the Regional Council Meeting Held on Wednesday 20 February 2013
There were no matters arising from the minutes.
Action Items From Previous Regional Council Meetings |
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Ms Lambert provided an update on the status of the action items. Councillor Kirton tabled a document relating to Nature Green, for investigation into possible associations of Council to be taken forward as an action item by the Chief Executive. Cr Kirton was advised that staff would endeavour to make enquiries to enable a response to be provided before the end of today’s meeting.
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1. That Council receives the report “Action Items from Previous Meetings”. CARRIED |
Call for General Business Items |
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Affixing of Common Seal 1. The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.
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That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Confirms the action to affix the Common Seal. CARRIED |
Draft Tukituki Plan Change for Adoption and Notification |
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Ms Codlin introduced draft Change 6, which reflects several years of work on science investigations, public and stakeholder consultation, and policy development, and provided an overview of the timeframes. Ms Codlin then outlined the contents of the documents provided, and how they related to each other in terms of information sourcing. Councillor Rose arrived at 9.27am Ms Codlin highlighted policy TT3 point source discharge limiting policy, which refers to a change in water clarity – noting that it will be amended to include zone 4 prior to release for public consultation. In relation to the use of ‘stock unit’ numbers Ms Codlin advised that there had not been any challenges to its use through the consultation undertaken. A legal review to ensure that any policies, rules, etc meet the requirements of any National Environmental Standards has been undertaken to ensure that Change 6 complies, i.e. NES for Drinking Water Standards. Mr Mohi arrived at 9.52am Monitoring the effectiveness of the plan change will be ongoing and environmental monitoring in the catchment will continue to be extensive in order to provide the data necessary to ‘measure’ what’s happening in the catchment. There was discussion about the exclusion of Lake Hatuma and the possibility of unintended consequences as a result. The approach takes account of the P and N loads being managed in different ways. Plan Change 6 is a stand-alone document which will not change if the Ruataniwha Water Storage project does not go ahead. Should the scheme not proceed, it will however impact on the community’s ability to meet the requirements. It was noted that there are currently no nutrient limits in the catchment, and Change 6 is putting limits in place. The nitrate nitrogen limits set provide for a high level of species protection, while still allowing for some increases on current levels. Ms Codlin explained that Zone 4 was not managed within the same framework as the other zones in Table 9, and therefore had not been included in that table. It was suggested that Zone 4 may be included for completeness. There was discussion around nutrient budgets in light of different methods/models of determining those. Cyanobacteria and impacts on that by Nitrogen are the subject of a section in the S32 report, extensive discussions with experts and reports referenced and available to the public. The meeting adjourned at 1030am and reconvened at 1045am. It was reiterated that the accompanying Section 32 Report and Implementation Plan documents provided significant information to inform submitters throughout the upcoming consultation processes. Further, early adoption should provide the public with ‘extra’ time to develop their knowledge and understanding of Change 6 and to develop submissions. Councillors acknowledged the extensive science investigations and consultation that were undertaken in developing Change 6. Staff were commended for their excellent contributions to Change 6 and reaching this stage of the process. |
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 because the Resource Management Act allows people to have an opportunity to submit on the proposed Change following a decision by Council to publicly notify them. 2. Adopts the “Section 32 Evaluation Summary Report”, after amendment of section 9.6.2 to explain nitrogen limits for Zone 4, which will then be made available for public inspection at the same time Change 6 is publicly notified. 3. Adopts Change 6 to the Regional Resource Management Plan for public notification subject to minor editorial changes, amendment of Policy TT3(1)e(i) to include Zone 4, and clarification of consequential changes. 4. Agrees that Rules TT1 to TT5 and amended Rules 47, 50, 54, 55, 61 and 62 in Change 6 protect or relate to water or soil and so come into immediate effect from the date of public notification of Change 6. 5. Endorses the draft Tukituki Catchment Implementation Plan as a complementary non-statutory document. 6. Instructs staff to prepare other communication material to help stakeholders understand the provisions of Change 6. 7. Agrees that the following parties are considered to be directly affected by Change 6 and so will be given direct notice of Change 6: 7.1 Owners and occupiers of land within the Tukituki catchment 7.2 Persons holding resource consents (i.e. only water permits and permits to discharge contaminants to land or water) within the Tukituki catchment 7.3 Hawke's Bay Regional Investment Company Limited. 8. Agrees that direct notice of Change 6 also be given to at least the following interested parties: 8.1 Groups and individuals who made written comments on ‘Tukituki Choices’ discussion document 8.2 Groups and individuals who were members of the various stakeholder groups (i.e. Ruataniwha Leadership Group, Ruataniwha Stakeholder Group, Tukituki Stakeholder Group, Tukituki Liaison Group, Pan Sector Group) 8.3 Groups and individuals who have lodged submissions and/or further submissions on RPS Change 5 (Land and Freshwater Management) 8.4 Owners and occupiers of land adjacent to the Tukituki catchment. 9. Agrees that notification of Change 6 should align with the lodging of the Tukituki Catchment Proposal request to the Environmental Protection Authority. CARRIED |
Recommendations From the Corporate and Strategic Committee |
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Dr Andy Pearce, HBRIC Ltd Board of Directors Chairman, advised that the ‘transfer’ of the RWS project to HBRIC Ltd was now complete and that further milestones in the process would be reported via regular reporting to the Corporate and Strategic Committee via the template being considered today. He further provided an overview of the process undertaken to engage subject matter experts. Dr Pearce’s set out his own previous work and research experience as being relevant to the environmental aspects of the Board’s work. Mr Newman highlighted various strands of work detailed in the Update Report and progress to date, including making specific note of the fact that any contracts entered into will be subject to consent being granted and the project being proved financially viable. It was suggested that engaging Maori subject matter expertise should be considered by HBRIC Ltd. |
The Committee recommends 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. HBRIC Ltd Reporting Template 2. Receives the template for the regular reporting of HBRIC Ltd activities to the Corporate and Strategic Committee, which includes transactions, work streams, timelines and execution risks, and financial updates. CARRIED |
Hawke's Bay Tourism Quarterly Report |
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Ms Annie Dundas provided Councillors with a presentation highlighting HB Tourism’s achievements, marketing campaigns and regional statistics for the first half of the current financial year as well as current and upcoming events planned. In relation to concerns raised by Napier Tourism via an email (tabled by Cr Dick), it was suggested that HB Tourism investigate the concerns and the statistics underlying their claims so that the reasons for changes in Tourism and visitor numbers can be explained and/or investigated further. It was noted however, that HB Tourism’s mandate was Regional rather than focused on one specific area. |
1. That Council receives the report. CARRIED |
The meeting adjourned at 12.40pm and reconvened at 1.20pm
Hawke's Bay Regional Investment Company Draft 2013-14 Statement of Intent |
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That Council excludes the public from this section of the meeting, being Agenda Item 22 Hawke's Bay Regional Investment Company Draft 2013-14 Statement of Intent (1.00pm) 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:
2. That Dr Andy Pearce be present for discussion of this item in to provide information in his capacity of Chairman of the HBRIC Ltd Board of Directors. For: Dick, McGregor, Scott, Gilbertson, Rose, Kirton, Wilson Against: Remmerswaal CARRIED |
Hawke's Bay Regional Investment Company Ltd - Resolutions and Proxy for First Annual General Meeting |
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2. That Dr Andy Pearce be present for discussion of this item in to provide information in his capacity of Chairman of the HBRIC Ltd Board of Directors. CARRIED |
24. Confirmation of the Public Excluded Minutes of the Regional Council meeting held 20 February 2013
Resolutions
RC16/13 1. That Council excludes the public from this section of the meeting, being Agenda Item 24 Confirmation of the Public Excluded Minutes of the Regional Council meeting held 20 February 2013 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 the Public Excluded Minutes of the Regional Council meeting held 20 February 2013 |
7(2)(g) 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 maintain legal professional privilege.
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. |
Scott/Rose
CARRIED
Consequences of Land Transport Management Act Amendments |
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That Council excludes the public from this section of the meeting, being Agenda Item 20 Consequences of Land Transport Management Act Amendments 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:
CARRIED |
The meeting went into public excluded session at 1.20pm and out of public excluded session at 2.20pm
Friend of Dairy Accord |
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Mr Maxwell provided an overview of the Accord and the levels of Commitment described in that document, as well as how the accord stands alongside the Council’s regulatory framework. |
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 support, in principle, the Sustainable Dairying: Water Accord and agrees to become a “Friend of the Accord”. CARRIED |
Recommendations From the Environment and Services Committee |
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Mr Adye provided some details to clarify the costs associated with the Makara Dam statement of proposal, and what the impacts might be on individual landowner’s rates. |
The Environment and Services Committee recommends 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. RMA Reform Bill Submission 2. Agrees to lodge the submission on the Resource Management Amendment Bill 2012 after including any amendments suggested by the Committee. Rose/Kirton CARRIED Makara Dam Statement of Proposal Councillor Gilbertson moved an amendment, that being to replace resolutions 3, 4 and 5 with the following (3), which was seconded by Councillor Remmerswaal: 3. That Council reinstates the Makara Dam and that the costs to complete that work be paid 80% by Council and 20% by the Makara Scheme ratepayers, subject to consultation and agreement with the Makara Scheme ratepayers. For: Remmerswaal, Gilbertson Against: Dick, McGregor, Scott, Rose, Kirton, Wilson The amendment was LOST and therefore the original motion became the substantive motion. 3. Endorses the Statement of Proposal and summary of the Statement of Proposal for remedial work on the Upper Makara Scheme, after inclusion of any changes arising from comments and amendments suggested at the meeting. 4. Approves the contribution to the remedial works from the Regional Disaster Reserve of approximately $565,000 with the final amount to be calculated in accordance with the formula set out in this briefing paper once the final costs of the remedial work are known. 5. Notes that submissions on the Statement of Proposal will be heard by a Hearing Panel made up of Councillor Scott (Chairman) and councillors Wilson and Rose. Rose/Kirton The substantive motion, when put, was CARRIED 6:2
Making the Regional Pest Management Strategies 6. Agrees to make the Regional Pest Management Strategy 2011 and the Regional Phytosanitary Pest Management Strategy 2011 in accordance with Section 77 of the Biosecurity Act 1993 by affixing the Council’s seal to those plans. Local Government Mandatory Performance Measures for Flood Protection and Control Work 7. Endorses, subject to any comment or amendments made by the Committee, the submission on Local Government Mandatory Performance Measures for Flood Protection and Control Works. Ngati Hori Freshwater Resources Management Plan 8. Notes that the Ngati Hori Freshwater Resources Management Plan will be considered as an iwi/hapu management plan for purposes of decision-making under the Resource Management Act.
9. Notes that the following reports were received at the meeting held on 20 February 2013 9.1 Low Flow Notification and Strategy Update 9.2 Update on Water Measurement and Reporting Regulation Uptake 9.3 Napier Inner Harbour Science Report 9.4 Environmental Assessment of Intertidal Reefs at Kairakau 9.5 Puhokio Stream Science Report 9.6 Soft Sediment Ecological Monitoring 9.7 Longfin eel - Update on Progress to Date 9.8 Undaria 9.9 Blue Flag Update 9.10 Biodiversity Strategic Update 9.11 Verbal Update on Fonterra by Philippa Barriball. CARRIED |
Councillor Rose was excused from the meeting at 3pm
Recommendations on Submissions to Change 4: Managing The Built Environment |
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Ms Riley provided Council with an overview of the process undertaken to get Change 4 to this stage. |
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 Panel as set out. 3. Authorises Council officers to undertake the administrative work necessary to issue the decisions of Council to submitters. 4. Authorises Council officers to update the Regional Resource Management Plan in accordance with Change 4: Managing the Built Environment and the adopted decisions of Council when the appropriate appeals period has lapsed. CARRIED |
HB LASS Draft Statement of Intent 2012/13 |
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Ms Lambert advised this statement of intent was to carry the LASS through to the end of this financial year. There was discussion about the priorities for investigating opportunities for shared services. |
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. Considers the draft Statement of Intent of HB LASS for 2012/13 and: 2.1. Makes comments and recommendations for change; or 2.2. Adopts the HB LASS Draft Statement of Intent for 2012/13. For: Dick, Remmerswaal, McGregor, Scott, Wilson Against: Gilbertson, Kirton CARRIED |
Recommendation From the Regional Planning Committee |
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The paper was taken as read. |
The Regional Planning Committee recommends that Council: RPS Change 5 – Appointment of Hearing Commissioners 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. Appoints the following persons as Commissioners to hear and decide on submissions relating to the Regional Policy Statement Land Use and Freshwater Change (RPS Change 5): 2.1. Commissioner ‘A’: C Scott (Chair) 2.2. Commissioner ‘B’: E von Dadelszen 2.3. Commissioner ‘C’: Professor R Maaka 2.4 Commissioner ‘D’: M Mohi. 3 In the event of one or more of the named Commissioners being unavailable, then the Council’s Chairman may approve a suitably qualified substitute person in the role of a Panel Commissioner to hear and decide on submissions relating to RPS Change 5. CARRIED |
Recommendations from the Regional Transport Committee |
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Councillor Dick, as Regional Transport Committee, provided an overview of the recommendations and the Committee’s rationale for making those. |
The Regional Transport Committee recommends 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. Napier to Gisborne Rail Line Update 2. Notes that the Regional Transport Committee is requesting that the Ministry of Transport and the New Zealand Transport Agency address the roading issues on SH2 between Napier and Gisborne, in particular the establishment of SH2 as a HPMV route and look at future funding requirements on SH2 to ensure the security and safety of this route. The Year Ahead for the Regional Transport Committee 3. Requests that staff develop a Management Plan for Hawke’s Bay Cycle Trails embracing management, maintenance, promotion and development on an ongoing basis and that staff engage with stakeholders in the process. Further, that: 3.1 The Management Plan be considered as a subset of the Regional Cycling Plan; 3.2 The draft Management Plan be reported to both Council and the Regional Transport Committee. CARRIED |
Annual Plan Progress Report for the First Seven Months of the 2012/13 Financial Year |
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Mr Drury provided an overview of the report, and further details of clarification. |
1. That Council receives the Annual Plan Progress Report for the First Seven Months of the 2012/13 Financial Year. CARRIED |
Work Plan Looking Forward Through March 2013 |
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Ms Lambert provided clarity surrounding the Mexted appeals process and the NCC Whakarire Avenue Coastal Protection Structure, as well as further detail in relation to staff accommodation and the work programme for the Massey Business Development Manager. |
1. That Council receives the Work Plan Looking Forward – December 2012 and January 2013 report. CARRIED |
Chairman's Monthly Report |
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The Chairman provided additional detail around the various topic for discussion at some of the meetings he had participated in. |
That the report be received. CARRIED |
General Business |
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Closure:
There being no further business the Chairman declared the meeting closed at 3.55pm on Wednesday, 27 February 2013.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................