Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed everyone present to the meeting and Councillor McGregor offered the prayer.

Councillor Gilbertson’s absence, on leave, was noted.

Resolutions

RC1/13 1. That the late item “Councillor Appointment to the Tutaekuri Ahuriri Ngaruroro Karamu (TANK) Stakeholder Group” be added, as agenda item 17, to the agenda under standing orders 3.7.5; the reason being that an appointment, if made, needs to be made prior to the next meeting scheduled 13 August.

2. 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.

3. That the apologies from Councillor Kirton for absence and Councillor Scott for lateness be accepted.

Rose/McGregor

CARRIED

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 26 June 2013

RC2/13

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 26 June 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

McGregor/Douglas

CARRIED

4. Matters Arising From Minutes of the Regional Council Meeting Held on Wednesday 26 June 2013

There were no matters arising from the minutes.

Call for General Business Items

Cr Rose – Dairy Liaison Group

Cr Remmerswaal - Leave

Action Items from Previous Regional Council Meetings

Ms Lambert updated Councillors on the status of action items arising from previous Council meetings.

RC3/13

Resolution

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

Rose/McGregor

CARRIED

Affixing of Common Seal

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 15

DP 3976

CT 54/88

- Transfer

1.1.2 Lot 10

DP 10513

CT E2/369

- Transfer

1.1.3 Lot 164

DP 6598

CT C2/363

- Agreement for Sale and Purchase

- Transfer

1.1.4 Lot 7

DP 14665

CT H2/147

- Agreement for Sale and Purchase

1.1.5 Lots 31 & 33

DP 921

CT B3/1152

- Agreement for Sale and Purchase

- Transfer

1.1.6 Lot 247

DP 10728

CT C2/1022

- Agreement for Sale and Purchase

- Transfer

3701

3702

3703

3704

3705

3706

3707

3709

3710

20 June 2013

28 June 2013

2 July 2013

3 July 2013

5 July 2013

16 July 2013

1.2 N

Creation of New Lease

Lot 1 DP 464306

CT 616416

(subdivided property)

3708

8 July 2013

RC4/13

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.

Rose/Dick

CARRIED

Monthly Work Plan Looking Forward Through August 2013

In response to a query, Mr Adye advised that the Makara dam remediation work is currently in the process of detailed design and drawing up Tender documents.

Councillors were advised that because the Group Manager Resource Management was away when the Agenda was being prepared a ‘Looking Forward’ update for that Group was not provided.

In response to a query, Mr Adye provided clarification of the situation in relation to Herbert Construction’s recent liquidation. A request for an update on the remediation programme was made.

Ms Lambert advised that the candidate information evening held 29 July was successful, and was attended by 11 people.

Councillor Scott arrived at 9.28am

A request was also made for an update on programmes underway in the area of water management using global consents, rostering and rationing, etc.

RC5/13

Resolution

1. That Council receives the Monthly Work Plan Looking Forward Through August 2013 report.

Remmerswaal/Douglas

CARRIED

17.

Councillor Appointment to the Tutaekuri Ahuriri Ngaruroro Karamu (TANK) Stakeholder Group

The recommendation from staff was to appoint a replacement to the stakeholder group with a Hastings elected representative, given the resignation of the previous Hastings representative from Council.

RC6/13

Resolutions

That Council:

2. Appoints Councillor Murray Douglas to participate as a full member of the TANK stakeholder group, replacing Mrs von Dadelszen.

McGregor/Scott

CARRIED

10.

Hawke's Bay Tourism Report for the Year Ending 30 June 2013

Ms Annie Dundas and Mr George Hickton provided councillors with an overview of HB Tourism’s work and results for the past 12 months, as well as work anticipated in the future.

RC7/13

Resolution

1. That the Regional Council receives the “Hawke’s Bay Tourism Report for the year ending 30 June 2013”.

Scott/Remmerswaal

CARRIED

The meeting adjourned at 10.25am and reconvened at 10.42am

Regional Council Survey Results

Mr Broadley provided an overview of the results of the recent survey of households in the Region, and provided additional detail for clarity.

RC8/13

Resolution

1. That Council receives the Regional Council Survey Results report.

Douglas/Scott

CARRIED

11.

LGOIMA Requests Received by Council Staff

Ms Annette Brosnan spoke to the item and provided additional clarification as queried in relation to how requests are received and when costs are charged.

RC9/13

Resolution

1. That the Council receives the report titled “LGOIMA Requests Received by Council Staff”.

McGregor/Douglas

CARRIED

16.

HBRIC Ltd Directors' Conflict of Interest Issues

The Chairman sought and gained Council’s agreement to consider this item in open public session.

Ms Lambert advised that this paper was a result of Council requesting advice on options relating to conflict of interest issues relating to Councillors being members of the HBRIC Ltd Board of Directors.

Mr Stuart Webster provided additional comment underlying his advice in relation to the Councillors’ roles on the HBRIC Ltd Board of Directors and the advice from the Office of the Auditor General relating to Holding companies.

Discussions covered the reasons why Councillor directors were appointed to the Board when the company was initially set up, differences between pecuniary and other interests, and political risk versus legal risk – which legal advice stated was very low.

An additional suggestion was made that perhaps the Councillor directors’ not participate in the HBRIC Ltd decision on the RWSS recommendation to Council, instead appointing ‘alternates’.

RC10/13

Resolutions

That Council:

2. Determines that action needs to be taken to reduce the perception of conflict of interest and/or pre-determination by councillor directors on the Board of HBRIC Ltd in relation to HBRC decisions on the Ruataniwha Water Storage Project.

3. Requests that a further report on options to reduce the perception of conflict of interest by councillor directors on the Board or HBRIC Ltd, including costs and implications associated with those options, be brought to the August Regional Council meeting for consideration.

Douglas/Rose

CARRIED

The meeting adjourned at 12.45pm and reconvened at 1.15pm

12.	Peter Winder Presentation: Potential Costs and Savings of Local Government Reform in Hawke’s Bay Report
	Mr Winder is unable to attend due to travel disruption, and so this item will be considered at a future date to be confirmed.

13.

Ruataniwha Water Storage Scheme and HBRIC Ltd Update

Mr Newman and Mr Caldwell provided an overview of the update report and the milestones achieved in the RWSS project.

Mr Newman highlighted some aspects of the work plan, including:

· the ‘bids’ from the two Design & Build consortia are expected in mid August, which then triggers a seven week tender assessment period

· a substantial amount of additional geotechnical work has been carried out as part of the Design & Build process, in order to provide more detail relating to seismic activity and geology in the area which both influence the construction of the dam itself

· the purpose of a dam break report is to provide a model to aid in determining the structure design criteria

· EPA process under way for resource consents, along with the Tukituki Plan Change 6

· work is well underway on farmer uptake with expressions of interest for 20M m³ from the industry, with the majority coming from the sheep & beef and arable farming sectors

· publication of incorrect or misleading information in the media is an ongoing issue, however the HBRIC Ltd Board and staff are concentrating on the task at hand – assessing all the relevant information in order to make a recommendation to Council on whether or not the project is feasible.

RC11/13

Resolution

1. That Council receives the Ruataniwha Water Storage Scheme and HBRIC Ltd Update report.

Dick/Rose

CARRIED

14.

Chairman's Monthly Report

The report was tabled, and the Chairman provided some additional information about discussions held at the various meetings.

RC12/13

Resolution

That the Chairman’s monthly report for July 2013 be received.

Rose/McGregor

CARRIED

15.

General Business

Item	Topic	Councillor / Staff
1.	Dairy Liaison Committee Met 22 July, a very successful meeting attended by 55 dairy farmers. Mostly discussion of industry matters and some concern expressed at some of the misinformation about the industry in the media.	Cr Rose
2.	Leave Councillor Remmerswaal sought leave for 14 August to attend the Environmental Defence Society conference on Council’s behalf.	Cr Remmerswaal
3.	Mana Whenua Environment Forum Attended this conference recently and was impressed by how well organised it was and the calibre of the speakers and discussions.	Cr Scott

17. Confirmation of the Public Excluded Minutes of the Regional council meeting held 26 June 2013

1. That Council excludes the public from this section of the meeting, being Agenda Item 17 Confirmation of the Public Excluded Minutes of the Regional Council meeting held 26 June 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 26 June 2013

7(2)(a) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to protect the privacy of natural persons.

7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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

The meeting went into public excluded session at 2.15pm and out of public excluded session at 2.20pm

Closure:

There being no further business the Chairman declared the meeting closed at 2.20pm on Wednesday, 31 July 2013.

Signed as a true and correct record.

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