Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed all those present prior to Councillor von Dadelszen offering the prayer.

Resolution

RC27/13 That Council receives Mr Mohi’s apology for lateness and Cr Remmerswaal’s apology for being excused from the meeting early.

Rose/Scott

CARRIED

The Chairman and Ms Lambert advised that this meeting was the first to be recorded for webcasting.

2. Conflict Of Interest Declarations

Councillors Scott, Dick and Wilson declared an interest in item 11; those portions of the paper addressing payment for Councillor directors.

Cr von Dadelszen declared an interest in item 9.

There were no further conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 20 March 2013

RC28/13

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 20 March 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

McGregor/von Dadelszen

CARRIED

4. Matters Arising from Minutes of the Regional Council Meeting Held on Wednesday 20 March 2013

In relation to item 5 on page 2, being that the Environment and Services Committee meeting had been cancelled the RMA Delegations paper would be put to the June Environment and Services Committee for consideration.

In relation to item 9 on page 6, a paper following on from the resolutions relating to the Environment awards, a paper would be put to the June Environment and Services Committee meeting for consideration.

In relation to item 11 on page 6, feedback on attendance at the cafe sessions would be provided as part of a report on the overall effectiveness of the draft Annual Plan consultation process.

In relation to page 2 and the Marauder exploration activities in New Zealand, Mr Maxwell advised that current consents were not within the Hawke’s Bay region’s boundaries and so were not subject to any input from HBRC or subject to any HBRC consultation processes.

Regarding item 4 on page 2, Cr Scott advised that the Hearing Panel consisted of Mr Nugent, Mr Mohi and Dr Maaka, and that the Hearing had been held and recommendations to Council expected to go to the 29 May Regional Council meeting.

5. Deputation by Transparent Hawke’s Bay

Tom Belford, John Cheyne and Pauline Elliott, members of Transparent Hawke’s Bay addressed Council.

Pauline Elliott, speaking on behalf of the Group, stated that they don’t believe there has been sufficient public consultation on the Ruataniwha Water Storage Scheme and have lodged objections with the Minister for the Environment and the Auditor General. Further, it was stated that the Group has the support of Ngati Kahungunu, Friends of the Tukituki, Fish & Game and other groups.

The Group is seeking a three to six month delay in lodging consent application. They are also seeking Council funding (approx $25k) for the peer reviews and consultation the Group is requesting on the basis that, in their opinion, the peer review reports already completed are deficient.

In response to a query asking for the best estimate of a minimum period for delay along the lines suggested, Tom Belford responded that the group believed that to be three months.

Council queried whether the peer review process the group was seeking could run concurrent to the Council and HBRIC Ltd processes already under way. Mr Belford stated that the Group was not satisfied with a concurrent process.

Mr Maxwell explained the peer review process used for the RWSS – and normally used for scientific reports. It was queried how an ‘independent’ peer reviewer would be chosen, given that independent peer reviews had already been undertaken.

Action Items from Previous Regional Council Meetings

Mr Maxwell advised that a meeting had been held with representatives of the Port in relation to Harbourmaster Liability Insurance and there would be a further meeting in the next two weeks to review options available to enable a staff submission to be brought to the Annual Plan hearings.

Mr Lawrence advised that out of the 70 un-metered water takes stated in the March report, 20 remained and were the subject of staff attention. Mr Maxwell explained that clear signals have been sent to water meter installers about Council expectations for operators and meeting the requirements of an approved installer.

RC29/13

Resolution

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

Scott/Rose

CARRIED

Call For General Business Items

Cr Scott - Confidentiality

Cr McGregor – visit by Wairarapa Councillors

Cr Gilbertson – Mayor Arnott’s decision to step down

Cr Remmerswaal – Issue of cattle in rivers

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 10

DP 14960

CT G4/484

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

1.1.2 Lot 98

DP 11780

CT C3/519

- Transfer

1.1.3 Lot 85

DP 13096

CT E3/524

- Transfer

1.1.4 Lot 12

DP 7310

CT B2/75

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

1.1.5 Lot 55

DP 13096

CT E3/510

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

1.1.6 Lot 83

DP 12226

CT D2/164

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

- Transfer

1.1.7 Lot 85

DP 13096

CT E3/524

- Transfer (name change on document only)

1.1.8 Lot 26

DP 13899

CT F4/438

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

- Transfer

1.1.9 Lot 10

DP 14960

CT G4/484

- Transfer

1.1.10 Lot 167

DP 7894

CT E2/229

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

- Transfer

1.1.11 Lot 12

DP 7310

CT B2/75

- Transfer

3674

3675

3676

3677

3678

3681

3682

3683

3684

3685

3686

3687

3691

3690

14 March 2013

19 March 2013

22 March 2013

26 March 2013

28 March 2013

5 April 2013

9 April 2013

17 April 2013

16 April 2013

1.2 Co

Contracting Agreement

(Grazing Lease Tutira Country Park)

3679

26 March 2013

1.3 Dee

Deed of Covenant

(Cave Trust Forestry Rights)

3680

26 March 2013

1.4

Deed of Grant of Easement

(Clive River Stopbank Reconstruction)

3688

10 April 2013

1.5

Deed of Grant of Easement

(Clive River Stopbank Reconstruction)

3689

10 April 2013

1.2

Staff Warrants

1.2.1 V. Byrne

(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)

3692

17 April 2013

Planting out of Tutira has reduced the grazing available, however agreed reduced stock levels are still considered viable.

Noted that leasehold land sales continue to be made even with the discounts no longer available.

RC30/13

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/Dick

CARRIED

11.

Proposal for an Increase in Hawke's Bay Regional Investment Company (HBRIC Ltd) Directors’ Fees During the Period While the Ruataniwha Water Storage Scheme (RWSS) is Being Implemented

Cr Scott clarified that the sections relating to conflict of interest are section 1.4 and recommendation 5 – and that she would absent herself for discussion on those parts. Councillors Dick and Wilson confirmed that they had also declared their interest in relation to the same sections of the report and would also absent themselves from those parts of the discussion/debate.

The Board was not seeking a change to the Company’s constitution in relation to setting fees for the permanent HBRIC Ltd Board, but a change of fees relating specifically to the Interim (Transition) Board. Dr Pearce noted that the permanent Board has not been appointed yet, and so those fees have in fact not been set.

Mr Mohi arrived at 9.48am.

HBRIC Ltd Board considered the subject at its meeting in March, which further authorised Dr Pearce to present the paper to the Council. In the process of bringing the paper to Council, Dr Pearce provided a draft paper and the attachment to Mrs Lambert and Mr Newman for review.

Mrs Lambert advised that her understanding was that the paper was a request from Council’s company to its shareholder, to cover a specified period while the RWSS was being considered.

Dr Pearce explained that the increase would reflect an increase in the project costs, which would be apportioned through scheme optimisation the costs of running the company and the project.

The set-up of subsidiary/associate companies is the Council’s prerogative and not for HBRIC Ltd to do.

Councillors Scott and Wilson left the room at 10.10am. Councillor Dick took no part in debate and did not vote on the resolution. Councillor McGregor assumed the Chair.

Councillor Dick raised a point of order, that the mover speak to the motion under consideration and not unrelated matters. The Point of Order was upheld.

Concern was expressed that paper contained incomplete information. Prior to coming back to Council, further detail of political and strategic considerations needs to be included and it needs the review and input of the council’s Chief Executive and Chief Financial Officer. It was further suggested that the HBRIC Ltd also seek legal advice in relation to whether the request contravened the Company’s constitution.

In seconding the motion, Councillor von Dadelszen expressed a desire for the paper to be brought back as an early item on the next available Council agenda.

RC31/13

Resolution

That Council leaves the matter to lie on the table.

Remmerswaal/von Dadelszen

CARRIED

The meeting adjourned at 10.33am and reconvened at 10.50am

Local Government Commission - Invitation for Alternative Proposals

Ms Lambert provided an overview of the contents of the paper to aid Council’s consideration of whether or not to lodge an alternative proposal to the Better HB proposal for HB local government reorganisation. Ms Lambert then high-lighted the sections discussing the powers of Community Boards and fair and effective rural representation.

There was discussion around what an alternative proposal was required to contain and/or consider – with some of what needs inclusion being how the alternative provides increased efficiencies/effectiveness and/or cost (operational) savings.

A suggestion was made for an alternative based on an existing Regional Council and a second enlarged TLA composed of the 4 HB district and city councils.

A further query was whether or not an alternative could ‘only’ address Regional Council functions within the current arrangement and not include any consideration of TLA structure – to which the response was no, an alternative could not remain silent.

The onus is on the LGC to assess the information provided in all alternative proposals, the status quo and the Better HB proposal in developing its Draft proposal.

Should Council choose not to submit an alternative, the future opportunity would be for Council to submit on the LGC Draft Proposal.

Discussion surrounded preservation and prioritisation of Regional Council functions and resources within a local government structure for the region. Concern that the larger an organisation becomes, the less likely an ordinary person will be to interact with that organisation.

Concern expressed in relation to any alternative put forward by Council which would ‘tell’ the TLAs of the region what they should do or how they should be organised. Would rather that an alternative for retention of RC functions but remaining silent on TLA organisation.

Concerns in relation to Maori representation were also raised, which would undoubtedly be considered by the LGC in making their decisions. It was noted that the Regional Planning Committee legislation was currently being considered by government.

Suggested alternative of an East Coast Regional Council is for an area smaller than Canterbury or Otago Regional council areas and moves considerations beyond ‘just’ Hawke’s Bay. Opportunity to deal with regional council issues to a greater extent. Deliver better outcomes for the people of the East Coast, sits within the boundaries of Ngati Kahungunu and would fit better with Maori rohe, treaty settlement partners and mana whenua/ kai tiaki. Some support from farming, organisations Some concerns expressed in relation to such a proposal included whether such an entity would disrupt water management work programmes, cause the loss of specialised staff resources from smaller centres, costs of implementation and operation, and possible loss of the ability for local decision making.

In summing up, Chairman Wilson expressed his view that an alternative of this nature would place increased scrutiny on issues of reorganisation including cost savings by combining similar functions as opposed to merging organisations with differing functions.

RC32/13

Resolutions

That Council:

2. Decides to submit an alternative proposal to the Government Commission, based upon the following features:

2.1. Retention of the Hawke’s Bay Regional Council in its current form

2.2. Amalgamation of the 4 TLAs; being NCC, HDC, CHBDC and WDC.

Remmerswaal/Kirton

For: Remmerswaal, Kirton

Against: Dick, McGregor, Scott; Gilbertson, Rose, von Dadelszen, Wilson

LOST

That Council:

2. Decides to submit an alternative proposal to the Government Commission, based upon the following features:

2.1. Explores the opportunity of an East Coast Regional Council [from Wharerata Range to Palliser Bay and (for clarity) including Wairoa District, Napier City, Hastings District, Central Hawke’s Bay District; Tararua District (within Horizons Region); Masterton, South Wairarapa, and Carterton districts (parts of Greater Wellington RC) and parts of Taupo and Rangitikei districts]

2.2 Has no view on the structure necessary to deliver TLA functions.

Wilson/Kirton

For: Dick, McGregor, Scott, Rose, von Dadelszen, Wilson

Against: Remmerswaal, Gilbertson, Kirton

CARRIED

3. Council will consider the final alternative proposal for lodging with the LGC at a Council meeting to be scheduled on 1 May 2013.

Rose/Scott

CARRIED

16. General Business

Item	Topic	Councillor / Staff
1.	Request staff report on options and cost implications for exclusion of stock from HBRC controlled/owned waterways	Cr Remmerswaal

Meeting adjourned at 12.25pm and reconvened at 1.00pm, with Cr Remmerswaal being absence.

Tukituki Plan Change 6

Cr von Dadelszen declared an interest in the item, was excused from the meeting and left the room at 1pm.

Ms Codlin outlined the process of plan change processes under way and consequential amendments to Plan Change 6 brought to light through the Plan Change 5 notification process. Purpose of the amendments to proposed Change 6 is to remove any changes included as part of Plan Change 5 as identified by Ms Codlin.

RC33/13

Resolutions

That Council:

2. Agrees to insert the revised amendments to Chapter 5.6 into the Proposed Tukituki Plan Change 6 as adopted on 27 February 2013.

3. Adopts the Proposed Tukituki Plan Change 6 (so amended) for public notification on Saturday 4 May 2013.

4. Adopts the Section 32 Report without further amendment.

Scott/Rose

CARRIED

Councillor von Dadelszen re-joined the meeting at 1.10pm.

10.

Appointments to the Regional Planning Committee

Ms Lambert advised the rationale for the replacement appointment.

RC34/13

Resolutions

That Council:

2. Appoints Peter Paku, representing He Toa Takitini, as a member of the Regional Planning Committee.

Gilbertson/Rose

CARRIED

12.

Annual Plan 2012-13 Progress Report for Nine Months Ending 31 March, Including Reforecasting

Mr Drury and Mr Collings provided clarity and detail underlying the report. Mr Adye provided more detailed comment updating the Councillors in relation to the Makara and Ohuia schemes.

RC35/13

Resolution

1. That Council receives the Annual Plan Progress Report for the first nine months of the 2012/13 financial year.

Rose/Gilbertson

CARRIED

13.

Local Government Commission Determination of Hawke's Bay Regional Council Representation Arrangements for the 2013 Elections

It was suggested that staff investigate the possibility of a more suitable name for the Rural Hastings constituency with the LGC.

RC36/13

Resolution

1. That Council receives the report.

Kirton/von Dadelszen

CARRIED

14.

Work Plan Looking Forward Through May 2013

Mr Adye provided an update on the MTI treaty claim process and implications for the Tangoio Soil Conservation reserve funds, and would provide Council with final details as they became known.

RPC legislation currently being finalised and Ms Lambert’s intention is to update Councillors at the 8 May Corporate and Strategic Committee meeting.

RC37/13

Resolution

1. That Council receives the Work Plan Looking Forward through May 2013 report.

Dick/Scott

CARRIED

15.

Chairman's Monthly Report

The Chairman’s report, as tabled, was taken as read.

RC38/13

Resolution

That the report be received.

Gilbertson/Rose

CARRIED

16.

General Business

Item	Topic	Councillor / Staff
2.	Wairarapa Councillors visit to RWS dam site Councillors were unaware of a visit having taken place as advised by LG online emai.	Cr McGregor
3.	Mayor Barbara Arnott advised that she will not be running in the 2013 elections; and it was suggested that Council send a card recognising her many years of public service	Cr Gilbertson
4.	To clarify information in Dominion Post article in today’s paper re Ngati Kahungunu not having been formally consulted with about the RWS dam project, Mr Mohi advised that Ngati Kahungunu is 1 of 4 in HB.	Mr Mohi
5.	Webcast today unsuccessful in that transmission to Christchurch VPN hasn’t gone through. Staff will work to solving this technical issue so that the meeting on 1 May can be recorded for webcasting.	Cr Wilson

17.

Consequences of Land Transport Management Act Amendments

RC39/13

Resolutions

That Council excludes the public from this section of the meeting, being Agenda Item 17 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:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Consequences of Land Transport Management Act Amendments	7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

McGregor/von Dadelszen

CARRIED

18. Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 20 March 2013

RC40/13 That Council excludes the public from this section of the meeting, being Agenda Item 18 Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 20 March 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 on 20 March 2013	7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

McGregor/von Dadelszen

CARRIED

The meeting went into public excluded session at 2.20pm and out of public excluded session at 2.30pm.

Closure:

There being no further business the Chairman declared the meeting closed at 2.30pm on Wednesday, 24 April 2013.

Signed as a true and correct record.

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