1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed everyone present to the meeting before Councillor Pipe offered the prayer.

There were no notices, nor apologies, although the Chairman requested that all Councillors respect the formality of the Regional Council meetings by dressing appropriately including ties for the male councillors.

2. Conflict of Interest Declarations

Chairman Fenton Wilson declared a conflict in relation to item 13.

Councillor Debbie Hewitt declared a conflict in relation to item 15.

There were no further conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 23 October 2013

RC17/13

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 23 October 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record as amended.

Scott/Pipe

CARRIED

4. Matters Arising From Minutes of the Regional Council Meeting Held on Wednesday 23 October 2013

There were no matters arising from the minutes.

Action Items From Previous Council Meetings

Ms Lambert explained the purpose of this ‘standing’ item, which follows up on requests for information or other actions from previous Council meetings.

In relation to the funding for the Regional Sports Park Trust tier 1 hockey turf at the park, Mr Drury and Ms Lambert provided an overview of what Council’s requirements for the funding were.

Ms Lambert advised the charging regime for LGOIMA requests, in accordance with the Act itself and Local Government Act provisions for the recovery of ‘actual and reasonable’ costs of providing information.

RC18/13

Resolution

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

Dick/Scott

CARRIED

Call For Any Minor Items Not on the Agenda

Recommendations

That Council accepts the following minor items not on the agenda, for discussion as item 14:

1. When Councillors will receive full briefing on state of RWS and project progress

Adoption of Standing Orders

There was discussion traversing the provision of a casting vote for the Chairman’s use in cases where a decision is required, as there are some situations where there is no ‘status quo’ and legislation requires something specific be in force, for example Long Term and Annual Plan adoption. There was also discussion in relation to the receipt of Agendas in electronic format as well as physically.

RC19/13

Resolutions

That Council:

1. Adopts the New Zealand Standard Model Standing Orders NZS 9202:2003 for meetings of Local Authorities and Community Boards, including the following amendments as developed by previous councils and today’s meeting.

1.1 Insert Standing Order – In Part 2 Constitutional & Legislative Matters – 2.19:

“Use of Common Seal

a. The Chief Executive shall hold the Common Seal of the Council and be responsible for the use of the same.

b. The Common Seal is to be used for all land and property transactions; contracts that exceed the Chief Executive’s delegation; all agreements executed by Council that have a term of more than five (5) years; and for validating warrants.

c. The Common Seal is to be affixed with the consent of the Chairman or Deputy Chairman and all such actions reported to the Council.

d. Every document affixed with the Common Seal of the Council shall be carried out by the Chief Executive or a Group Manager, and the affixing of the Common Seal shall be witnessed by the Chief Executive or a Group Manager, and by the Chairman or Deputy Chairman, other than when the document is a warrant issued under Section 174(1) of the Local Government Act 2002, or Section 38(5) of the Resource Management Act 1991, in which case the Common Seal of the Council shall be witnessed by only the Chief Executive.”

1.2 Delete Standing Order - Part 1 - Constitutional & Legislative Matters – 3.4.3 and replace it with:

“The quorum at any meeting of a local authority shall consist of half the members (including vacancies) if the number of members is even, and a majority if the number is odd other than for the Tenders Committee of Council where the quorum shall consist of a majority of members of the Committee.”

1.3 Delete Standing Orders 2.5.1(2) and 3.14.2 and replace with:

“The Chairman at any meeting has a deliberative vote and, in the case of equality of votes, also has a casting vote.”

1.4 Amend 2.12.4 to read:

“In the case of each meeting to which Standing Order 2.12.1 applies, an agenda detailing the business to be brought before that meeting together with relevant attachments must be received by every member electronically not less than three days and physically not less than two clear working days before the day appointed for the meeting unless the Council or a Committee resolves to accept receipt of attachments later than two clear working days before the day appointed for the meeting.”

1.5 Amend 2.16 to add 2.16.6, being:

“2.16.6 The Maori Committee Chairman may remain for items discussed during the public excluded part of all Council meetings.”

1.6 Amend Standing Order 3.3.4 - Members to speak in places and address the chair, to read:

“Members granted the right to speak at meetings are to address the Chairman, and may not leave their place without the leave of the Chairman. Members may remain seated when speaking at ordinary and extraordinary meetings of the local authority and at committee meetings.”

1.7 Amend Standing Order 3.19 - Deputations and Public Presentations to include:

Deputations and Public Presentations 3.19.1.a

The chairman may refuse any request for a public presentation or deputation on any item that appears on the agenda for the day on which the presentation or deputation is requested.

1.8 Amend Standing Order 3.20 – Petitions to include:

Petitions where heard 3.20.1.a

Petitions made to the local authority or any of its committees must be lodged with the Chief Executive at least 2 working days before the date of the meeting concerned, and be approved by the Chairman. The Chairman may refuse petitions which are repetitious or offensive.

Procedures for Petitions 3.20.1.b

Except with the approval of the local authority or committee, not more than 2 members of a deputation may address the meeting. After a presentation is received, members may put to the deputation any question pertinent to the subject heard, but no member may express an opinion upon, or discuss the subject, until the deputation has completed making its submissions and answering questions (see Standing Order 3.15.2 regarding qualified privilege).

Petition where presented by petitioner 3.20.5

Where a petition is presented by a petitioner, unless the local authority determines otherwise, a limit of 10 minutes is placed on that person (see Standing Orders 3.15.1 and 3.15.2 regarding qualified privilege).

If the Chairman has reason to believe that the petitioner is disrespectful or offensive, or has made statements with malice, the Chairman shall terminate the presentation of the petition.

1.9 Replace SO 13.17.3 with:

“Discussion on matters arising from the Minutes of the previous meeting are to be allowed under the separate agenda item: Matters Arising from the Minutes of the Meeting held on (insert date).”

2. Approves the development of the Hawke’s Bay Regional Council’s specific set of Standing Orders by the Governance & Corporate Administration Manager, collaboratively with Councillors, the Chief Executive and professional advice when required, for adoption by Council by the end of April 2014.

Dick/Pipe

CARRIED

Code of Conduct for Elected Representatives

Ms Lambert provided an overview of the Code of Conduct and recommendations from the outgoing Council as well as the principles and purpose of having a Code.

There was discussion traversing councillor-staff relationship or contact protocols, acting in the best interests of the Region and not to advantage any persons or group of persons, expectations of the Chief Executive role, and consequences should there be a breach of the Code. Several amendments were suggested in relation to the discussion and agreement that several of those be included in the final Code being adopted today.

RC20/13

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. Adopts the following Code of Conduct, including amendments agreed at the meeting, for inclusion in Council’s Policy Handbook – Section 1.10.

Part One: Introduction

1.1 Schedule 7 of the Local Government Act 2002 (the Act) requires each local authority to adopt a Code of Conduct. Once adopted, all elected members are required to comply with the code.

This Code of Conduct provides guidance on the standards of behaviour that are expected from the Chairman and elected members of the Hawke’s Bay Regional Council. The Code applies to elected members in their dealings with:

§ each other

§ the Chairman of Council or whoever is in the Chair

§ the Chief Executive

§ all staff employed by the Chief Executive on behalf of the Council

§ the media

§ the general public.

1.2 The objective of the Code is to enhance:

§ the effectiveness of the Council as an autonomous local authority with statutory responsibilities for the good governance of the Hawke’s Bay Region

§ the credibility and accountability of the Council within its community

§ mutual trust, respect and tolerance among the elected members as a group and between the elected members and management.

1.3 This Code of Conduct seeks to achieve its objectives by establishing:

§ an agreed statement of roles and responsibilities (recorded in Part Two of the code)

§ agreed general principles of conduct (recorded in Part Three of the code)

§ specific codes of conduct applying to particular circumstances or matters (also recorded in Part Three of the code).

1.4 Elected members are primarily accountable to the electors of the Region through the democratic process. Before taking office after election, each declares that he or she will “faithfully and impartially, and according to my best skill and judgment, execute and perform in the interests of the Hawke’s Bay Region the statutory powers, authorities and duties vested in or imposed upon me as a member of the Hawke’s Bay Regional Council”.

However members must note that the Auditor-General may hold them to account for unlawful actions or expenditure or for breaches of the Local Authorities (Members’ Interests) Act 1968.

1.5 General Principles of Good Governance:

This Code of Conduct is based on the following ten principles:

§ Public interest. Members should serve only the interests of the region as a whole and should never improperly confer an advantage or disadvantage on any one person.

§ Honesty and integrity. Members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

§ Objectivity. Members should make decisions on merit including making appointments, awarding contracts, or recommending individuals for rewards or benefits. Elected members should also note that while representing their constituency, once elected their primary duty is to the interests of the entire region.

§ Accountability. Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should cooperate fully and honestly with the scrutiny appropriate to their particular office.

§ Openness. Members should be as open as possible about their actions and those of the Council, and should be prepared to justify their actions.

§ Personal judgment. Members can and will take account of the views of others, but should reach their own conclusions on the issues before them, and act in accordance with those conclusions.

§ Respect for others. Members should promote equality by not discriminating unlawfully against any person and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation, or disability.

§ Respect for staff. Members should respect the impartiality and integrity of the Council staff.

§ Duty to uphold the law. Members should uphold the law, and on all occasions, act in accordance with the trust the public places in them.

§ Stewardship. Members must ensure that the Council uses resources prudently and for lawful purposes, and that the Council maintains sufficient resources to meet its statutory obligations.

§ Leadership. Members should promote and support these proposals by example, and should always endeavour to act in the best interests of the region.

Part Two: Roles and Responsibilities

This part of the Code describes the roles and responsibilities of elected members, the additional roles of the Chairman and Deputy Chairman, and the role of the Chief Executive.

2.1 Elected Members

Elected members, acting as the Council, are responsible for:

§ development and adoption of Council policy

§ monitoring the performance of the Council against its stated objectives and policies

§ prudent stewardship of Council resources

§ employment of the Chief Executive

§ representing the interests of the residents and ratepayers of the Hawke’s Bay Regional Council. (On election, the primary responsibility of members is to the Region as a whole.)

Unless otherwise provided in the Local Government Act 2002 or in standing orders, the Council can act only by majority decisions at meetings. Each member has one vote other than in the situation where there is a deadlock in voting in which case the Chairman can exercise a casting vote if so provided. Any individual member (other than the Chairman who has authority to act on behalf of the Council as reasonable needs require) has no authority to act on behalf of the Council unless the Council has expressly delegated such authority.

2.2 Chairman

The Chairman is elected by the members of the Council at the first meeting following the triennial election. The Chairman may be removed from office by resolution of Council.

As one of the elected members the Chairman shares the same responsibilities as other members of Council. In addition to this the Chairman has the following roles as a:

§ presiding member at Council meetings. The Chairman is responsible for ensuring the orderly conduct of business during meetings (as determined in standing orders)

§ advocate on behalf of the community. This role may involve promoting the community and representing its interests. Such advocacy will be most effective where it is carried out with the knowledge and support of the Council

§ ceremonial head of Council

§ provider of leadership and feedback to other elected members on teamwork and Chairmanship of committees

§ Justice of the Peace (while the Chairman holds office).

The Chairman has a special working relationship with the Chief Executive Officer.

The Chairman is obliged to follow the same rules as other elected members in regard to making public statements and committing the Council to any particular course of action, unless acting in accordance with the rules for media contact on behalf of the Council under a delegation of authority from the Council.

2.3 Deputy Chairman

The Deputy Chairman must be elected by the members of Council, at the first meeting following the triennial election. The Deputy Chairman may be removed from office by resolution of Council.

The Deputy Chairman exercises the same roles as other elected members. In addition he or she must perform all the responsibilities and duties and may exercise all the powers of the Chairman (as summarised above), if the Chairman is temporarily absent, or is prevented by illness or other causes from performing duties, or while there is a vacancy in the office of Chairman.

2.4 Committee Chairman

The Council may create one or more committees of Council.

A Committee Chairman presides over all meetings of the committee, ensuring that the committee acts within the powers delegated by Council, as set out in the Council’s Policy Handbook. A Committee Chairman may be called on to act as an official spokesperson on a particular issue. A Committee Chairman has a special working relationship with the Group Manager(s) with responsibilities for the areas covered by the relevant committee.

A Committee Chairman may be removed from office by resolution of Council.

2.5 Chief Executive

The Chief Executive is appointed by the Council in accordance with section 42 of the Local Government Act 2002. The Chief Executive is responsible for implementing and managing the Council's policies and objectives within the budgetary constraints established by the Council. In terms of section 42 of the Act, the responsibilities of the Chief Executive are:

§ implementing the decisions of the Council

§ providing advice to the Council and committees

§ ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Chief Executive, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised

§ managing the activities of the Regional Council effectively and efficiently

§ maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Regional Council

§ providing leadership for the staff of the Regional Council

§ employing staff on behalf of the Regional Council (including negotiation of the terms of employment for the staff of the Regional Council)

§ acting with integrity and impartiality on all matters and ensuring that the Council’s staff act in accordance with the highest standards of public service neutrality.

Under section 42 of the Local Government Act 2002 the Chief Executive employs all other staff on behalf of the Regional Council.

Part Three: Ethics, Relationships and Behaviour

This part of the Code sets out the Council’s agreed standards of behaviour. Some of the matters described in this part of the Code reflect other legislation such as the Local Authorities (Members’ Interests) Act 1968. The majority of the Code is material that the Council has decided to include on its own initiative.

3.1 Ethics

Hawke’s Bay Regional Council seeks to promote the highest standards of ethical conduct amongst its elected members. Accordingly, elected members will:

§ claim only for legitimate expenses as laid down by any determination of the Remuneration Authority then in force, and any lawful policy of Council developed in accordance with that determination

§ not influence, or attempt to influence, any Council employee to take actions that may benefit the member, or the member’s family or business interests

§ not use Council resources for personal business (including campaigning)

§ not solicit, demand, or request any gift, reward or benefit by virtue of their position

§ where a gift to the value of $100 or more is offered to a member, immediately disclose this to the Chief Executive for inclusion in the publicly available register of interests.

§ be respectful when referring to each other or to other people

§ not use offensive or derogatory language when referring to the Council, other Councillors, any employee of the Council or any member of the public.

3.2 Relationships with Other Members

Successful teamwork is a critical element in the success of any democratically elected organisation. No team will be effective unless mutual respect exists between members. With this in mind elected members will conduct their dealings with each other in ways that:

§ maintain public confidence in the office to which they have been elected

§ are open and honest

§ focus on issues rather than personalities

§ avoid aggressive, offensive or abusive conduct.

3.3 Relationships with Staff

The effective performance of Council also requires a high level of cooperation and mutual respect between elected members and staff. To ensure that level of cooperation and trust is maintained, elected members will:

§ recognise that the Chief Executive is the employer (on behalf of Council) of all Council employees, and as such only the Chief Executive may hire, dismiss, instruct or censure an employee

§ make themselves aware of the obligations that the Council and the Chief Executive have as employers and observe those requirements at all times

§ treat all employees with courtesy and respect (including the avoidance of aggressive, offensive or abusive conduct towards employees)

§ observe any guidelines that the Chief Executive puts in place regarding contact with employees

§ do nothing which compromises, or could be seen as compromising, the impartiality of an employee

§ avoid publicly criticising any employee in any way, but especially in ways that reflect on the competence and integrity of the employee

§ raise concerns about employees only with the Chief Executive, and concerns about the Chief Executive only with the Chairman.

Elected members should be aware that failure to observe this portion of the Code of Conduct may compromise the Council’s obligations to act as a good employer and may expose the Council to civil litigation and audit sanctions.

3.4 Relationships with the Community

Effective Council decision-making depends on productive relationships between elected members and the community at large.

Members should ensure that individual citizens are accorded respect in their dealings with the Council, and have their concerns listened to, and deliberated on in accordance with the requirements of the Act.

Members should act in a manner that encourages and values community involvement in local democracy.

3.5 Contact with the Media

The media plays an important part in local democracy. In order to fulfill this role the media needs access to accurate, timely information about the affairs of Council. The Hawke’s Bay Regional Council will continue to be proactive in disseminating accurate and informative information through the Chief Executive to the media. From time to time, however, an individual member might be approached to comment on a particular issue either on behalf of Council, or as an elected member in his or her own right. This part of the Code deals with the rights and duties of Councillors when speaking to the media on behalf of Council, or in his or her own right.

The following rules apply for media contact on behalf of Council:

The Chairman of the Council or of any Committee of the Council, is able to make media releases on behalf of the Council or the Council Committees. In order to ensure that:

i) these are factually correct

ii) they send a consistent message so there is no confusion in the eyes of the public

iii) they reflect Council policy, or are sufficiently qualified where the Council may not have considered the matter.

All press releases and comments should be coordinated and developed through the Council’s Communications Coordinator who will ensure the appropriate staff input is obtained and, where appropriate, the Chief Executive has input into the process.

Where the Communications Coordinator is not available, the Chairman’s Executive Assistant should be the point of contact.

The Councillor spokesman for the Committees of the Council should be the Chairman of the Committee concerned.

Elected members are free to express a personal view in the media, at any time, provided the following rules are observed:

§ media comments must not state or imply that they represent the views of Council

§ where an elected member is making a statement that is contrary to a Council decision or Council policy, the member must not state or imply that his or her statements represent a majority view

§ media comments must observe the other requirements of this Code of Conduct. For example, they should not disclose confidential information, or compromise the impartiality or integrity of staff, and at all times should demonstrate respect for fellow Councillors and their views, opinions and lawful actions, and should not use language which might be deemed offensive, derogatory or embarrassing to the Council, other Councillors, any employee of the Council or any member of the public.

3.6 Representing the Council

Elected members who are invited or wish to represent the Council at an event such as a Seminar or Conference which will have a charge for attendance, must meet the following conditions:

§ The Chairman must approve the request.

§ Following their attendance the member must present a report to the Council summarising the event, and including the Councillor’s opinion of its potential significance to the Hawke’s Bay Regional Council.

3.7 Confidential Information

The presumption of Council business is that matters considered are to be open and to be in the public domain unless there are compelling legal reasons otherwise. Powers to exclude the public should be used only when absolutely necessary and for the reasons permitted by law. Business conducted where the public is excluded remains confidential and should not be disclosed to the public until either the Council decides by resolution to make it public or the Chief Executive determines in response to a request under the Local Government Official Information and Meetings Act 1987 or the Privacy Act 1993 that there is no longer good reason to withhold the information.

In addition, during the course of their duties members will occasionally receive information that may need to be treated as confidential. This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation.

Elected members must not use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the elected member.

Elected members should be aware that failure to observe these provisions will impede the performance of Council by inhibiting information flows and undermining public confidence in the Council. Failure to observe these provisions may also expose Council to prosecution under the Privacy Act 1993 and/or civil litigation.

3.8 Conflicts of Interest

Elected members must be careful that they maintain a clear separation between their personal interests and their duties as an elected member. This is to ensure that people who fill positions of authority carry on their duties free from bias (whether real or perceived). Members therefore need to familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 which concerns financial interests, and with other legal requirements concerning non-financial conflicts of interest.

The Act provides that an elected member is disqualified from office, or from election to office, if that member is concerned or interested in contracts under which payments made by or on behalf of the Council exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public. The same rules also apply where the member’s partner or spouse contracts with the authority or has a pecuniary interest. Members must declare their interests at Council meetings where matters in which they have a pecuniary interest arise.

Members shall annually make a general declaration of interest as soon as practicable after becoming aware of any such interests. These declarations are recorded in a register of interests maintained by Council. The declaration must notify the Council of the nature and extent of any interest, including:

§ any employment, trade or profession carried on by the member or the member’s partner or spouse for profit or gain

§ any company, trust, partnership etc for which the member or their partner or spouse is a director, partner, trustee or beneficiary

§ the address of any land in which the member has a beneficial interest and which is in the Regional Council’s area.

§ the address of any land where the landlord is the Hawke’s Bay Regional Council and:

- the member or their partner or spouse is a tenant, or

- the land is tenanted by a firm in which the member or partner or spouse is a partner, or a company of which the member or spouse is a director, or a trust of which the member or spouse is a trustee or beneficiary

§ any other matters which the public might reasonably regard as likely to influence the member’s actions during the course of his or her duties as a member.

If the member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the Chief Executive immediately.

Members may also contact the Audit Office for guidance as to whether that member has a pecuniary interest. If there is a pecuniary interest, the member may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote. The Chief Executive must also seek approval from the Audit Office for contractual payments to members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe the requirements of the Local Authorities (Members’ Interests) Act 1968 could potentially invalidate the particular decision made, or the action taken, by Council. Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authorities (Members’ Interests) Act 1968. In the event of a conviction elected members can be removed from office.

3.9 Standing Orders

Elected members must adhere to any standing orders adopted by Council under the Local Government Act 2002. These standing orders are subject to the same legal requirements as a Code of Conduct with regard to their adoption and amendment.

3.10 Disqualification of Members from Office

Elected members are automatically disqualified from office if they are convicted of a criminal offence punishable by two or more years imprisonment, or if they cease to be, or lose their status as a parliamentary elector or if they are convicted of certain breaches of the Local Authorities (Members’ Interests) Act 1968.

Under the Local Government Act 2002, local authorities, when adopting a Code of Conduct, must consider whether or not they will require members to declare whether they are undischarged bankrupts. This Council believes that it should not require a member or newly elected member to decide whether or not the member or newly elected member is an undischarged bankrupt.

Part Four: Compliance and Review

This part deals with ensuring that elected members adhere to the Code of Conduct and mechanisms for the review of the Code of Conduct.

4.1 Compliance

Elected members must note that they are bound to comply with the provisions of this Code of Conduct (Local Government Act 2002, Schedule 7, section 15(4)).

Members are also bound by the Local Government Act 2002, the Local Authorities (Members’ Interests) Act 1968, the Local Government Official Information and Meetings Act 1987, the Secret Commissions Act 1910, the Crimes Act 1961 and the Securities Act 1978. The Chief Executive will ensure that an explanation of these Acts is made at the first meeting after each triennial election an that copies of these Acts are freely available to elected members. A brief explanation about the obligations that each of these has with respect to conduct of elected members is attached in the Appendix to this code.

Compliance will be monitored by the Council as a whole. All alleged breaches of the Code will be reported to the Chairman. Any allegation of a breach of this Code of Conduct must be in writing, make a specific allegation of a breach of the Code of Conduct, and provide corroborating evidence.

The Chairman will investigate the alleged breach and prepare a report for the consideration of Council.

Before beginning any investigation, the Chairman will write to the elected member(s) involved, advising about the complaint and will explain when and how there will be an opportunity to respond to the complaint. Where a breach is alleged to have occurred by the Chairman, the Deputy Chairman of Council will assume responsibility for the management of any subsequent investigation.

The Council will consider the report in open meeting of Council, except where the alleged breach relates to the misuse of confidential information or could impinge on the privacy of an elected member, member of staff or of the general public.

4.2 Responses to Breaches of the Code

The exact nature of the action the Council may take depends on the nature of the breach and whether there are statutory provisions dealing with the breach.

Before initiating any action or consideration in response to a breach of this Code by an elected member, the Council will ensure that the natural justice rights and obligations are understood by the elected members and that all the attendant issues are provided for.

Where there are statutory provisions:

§ breaches relating to members’ interests render members liable for prosecution by the Auditor-General under the Local Authority (Member’s Interests) Act 1968

§ breaches which result in the Council suffering financial loss or damage may be reported on by the Auditor-General under the Local Government Act 2002, which may result in the member having to make good the loss or damage

§ breaches relating to the commission of a criminal offence may leave the elected member liable for criminal prosecution.

In these cases the Council may refer an issue to the relevant body, any member of the public may make a complaint, or the body itself may take action of its own initiative.

Where there are no statutory provisions, the Council may take the following action:

§ censure

§ removal of the elected member from Council committees and/or other representative type bodies

§ dismissal of the elected member from a position as Deputy Chairman or Chairman of a committee.

A decision to apply one or more of these actions requires a Council resolution to that effect.

4.3 Review

Once adopted, a Code of Conduct continues in force until amended by the Council. The Code can be amended at any time but cannot be revoked unless the Council replaces it with another code. Once adopted, amendments to the Code of the Conduct require a resolution supported by at least 75 per cent of the members of the Council present.

Council will formally review the Code prior to the end of each three year term and any suggestions for improvement and recommended amendments will be noted and referred to the new Council. As soon as practicable after the triennial election, results of that review will be presented to the new Council for consideration and adoption.

APPENDIX TO THE CODE OF CONDUCT

Legislation Bearing on the Role and Conduct of Elected Members

This is a summary of the legislation requirements that has some bearing on the duties and conduct of elected members. Copies of these statutes are available from the office of the Chief Executive.

Local Authority (Members’ Interests) Act 1968

This Act regulates situations where a member’s personal interests impinge, or could be seen as impinging on, his or her duties as an elected member.

The Act provides that an elected member is disqualified from office if that member is concerned or interested in contracts under which payments made by or on behalf of the regional Council exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or voting on any matter in which they have a pecuniary interest, other than an interest in common with the general public. The same rules also apply where the member’s spouse contracts with the authority or has a pecuniary interest.

Members may also contact the Audit Office for guidance as to whether that member has a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote. The Chief Executive must also seek approval from the Audit Office for contractual payments to members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authority (Members’ Interests) Act 1968. In the event of a conviction elected members can be ousted from office.

(The Office of the Auditor-General publication Guidance for members of local authorities about the law on conflicts of interest (2010) provides further guidance on this Act).

Local Government Official Information and Meetings Act 1987

The Local Government Official Information and Meetings Act 1987 sets out a list of meeting procedures and requirements. Of particular importance for the roles and conduct of elected members is the fact that the Chairman has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate. No elected member should:

§ create a disturbance or a distraction while another Councillor is speaking

§ be disrespectful when referring to each other or to other people

§ use offensive language about the Council, other Councillors, any employee of the Council or any member of the public.

Secret Commissions Act 1910

Under this Act it is unlawful for an elected member (or officer) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to Council.

If convicted of any offence under this Act a person can be imprisoned for up to 2 years, or fines up to $1000, or both. A conviction therefore would trigger the ouster provisions of the Local Government Act 2002 and result in the removal of the member from office.

Crimes Act 1961

Under this Act it is unlawful for elected members (or officers) to:

§ accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of Council

§ use information gained in the course of their duties for their, or another persons, monetary gain or advantage.

These offences are punishable by a term of imprisonment of 7 years or more. Elected members convicted of these offences will also be automatically ousted from office.

Securities Act 1978

The Securities Act 1978 essentially places elected members in the same position as company directors whenever Council offers stock to the public. Elected members may be personally liable if investment documents such as a prospectus contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

Barker/Graham

CARRIED

10.

Councillor Remuneration and Allowances

Mr Drury provided an overview of how the Remuneration Authority determined the proposed salaries and allowances.

The allocation of remuneration amounts for councillors in positions of responsibility was explained, and that only one payment is paid no matter how many positions are held, i.e. the Chairman does not receive extra payment if he chairs 1 or more committees in addition to being Chairman of Council.

Mr Collings provided detail in response to specific queries relating to travel allowances, and also explained the changes from the previous policy.

RC21/13

Resolutions

That Council:

1. Notes the remuneration levels for Councillors as included in the Remuneration Authority determination 2013 and the implications on this determination if there are variations to positions of responsibility from that used by the Remuneration Authority in setting that determination.

2. Adopts the Elected Members Allowances and Expenses Policy following, and submits this policy to the Remuneration Authority for their approval.

Beaven/Dick

CARRIED

ELECTED MEMBERS ALLOWANCES AND EXPENSES

Council’s policy and rules for expenses (including reimbursement allowances) for the electoral tenure commencing 13 October 2013.

ELECTED MEMBERS ALLOWANCES AND EXPENSES

Hawke's Bay Regional Council has resolved to adopt the following policy as provided to the Remuneration Authority.

Section 1 – Name of Local Authority

Hawke's Bay Regional Council

Contact person for enquiries: Paul Drury, Group Manager Corporate Services

Email: pdrury@hbrc.govt.nz Telephone: 06 835 9205

Section 2 – Documentation of Policies

Rules and procedures relating to the expenses and allowances payable to elected members are recorded in the following document:

HBRC Policy Handbook, Section 1.4 Councillors, Last Updated 6 November 2013.

Section 3 – Authentication of Expense Reimbursements and Allowances

The principles and processes under which Hawke's Bay Regional Council ensures that expense reimbursements and allowances are payable are as follows.

Principles

· Are in line with Council policies

· Have a justified business purpose

· Are payable under clear rules communicated to all claimants

· Are approved by a person able to exercise independent judgement

· Are adequately documented

· Are reasonable and conservative in line with public sector norms

· Are, in respect of allowances, a reasonable approximation of expenses incurred on behalf of the local authority by the elected member

· Support administrative efficiency by the payment, where possible, of standard allowances based on fair and reasonable value of costs incurred, rather than requiring elected members to continue to make numerous claims.

Processes

1 Councillors are issued with an explanatory memorandum explaining their entitlements and how they should claim them.

2 Councillors are required to make expenditure claims for all allowances, other than agreed regular payments, which are approved by the Chief Executive prior to payment.

3 All reimbursement costs will be based on actual and reasonable expenditure with claims to be supported by appropriate invoices to substantiate the claim and will be approved as part of the Council’s normal creditor payment process.

Section 4 – Vehicle Provided

Where the Chairman decides to take up the entitlement to a Council vehicle then the terms and conditions for the supply of a vehicle will be determined by the Chief Executive Officer in line with policies set out by the Remuneration Authority.

Section 5 – Vehicle Mileage Allowance

1. A vehicle mileage allowance is payable to an elected member for travel by that member each day, but only if:

a. the member is not otherwise provided with a vehicle by the Council; and

b. the distance travelled by the member on the day exceeds the threshold distance; and

c. the travel is:

i. in a private vehicle; and

ii. on Council business; and

iii. by the most direct route that is reasonable in the circumstances.

2. The maximum vehicle mileage allowance payable in any one twelve month period is the rate per kilometre as set out in the current Remuneration Authority determination:

a. $0.77 per kilometre for the first 3,548 kilometres;

b. $0.37 per kilometre for any distance over 3,548 kilometres.

3. Restrictions on mileage claims:

a. The threshold distance means the shorter of the following distances:

i. the distance equivalent to a round trip between the member’s residence and the nearest office of the Council by the most direct route that is reasonable in the circumstances; and

ii. 30 kilometres, if the distance equivalent to a round trip between the member’s residence and the nearest office of the Council is greater than 30 kilometres by the most direct route that is reasonable in the circumstances.

b. ''Council business'' is defined as ''official Council business whereby elected members are invited or required to attend both informal or formal meetings or events related to Council. These do not include meetings with constituents, or the elected member's own initiatives to familiarise or better inform themselves in any way with Council business, or where a Council function is primarily entertainment”.

Section 6 – Travel Time Allowance

1. Council may pay a Councillor a travel time allowance if the office of the Councillor cannot be properly regarded as a full-time position.

2. An allowance may be paid to a Councillor under subclause (1) for each day within the period of this determination that:

a. the Councillor is travelling

i. on Council business; and

ii. by the quickest form of transport reasonable in the circumstances; and

b. the travel time of the Councillor exceeds 1 hour.

3. The allowance is payable, in relation to each day for which the Councillor qualifies under subclause (2),

a. at no more than $35 per hour; but

b. only in respect of the travel for that day that exceeds 1 hour.

4. In this clause, on the Council’s business includes:

a. travel between a Councillor’s residence and an office of the local authority.

Section 7 – Travel and Accommodation

(Mileage Claims – refer Section 5)

Taxis and other transport

Elected members will be reimbursed for the actual and reasonable cost of any expenditure on taxis and other transport incurred where such expenditure is considered reasonable and necessary for the attendance at conferences, seminars and business related meetings attended at the request of Council, or approved by the Chairman.

Carparks

Individual carparks are allocated to each elected member for use on Council and Committee meeting days only. In addition, the Chairman has a permanent car park and one other car park is permanently available for any other elected member to attend Council business at the Council offices.

Use of rental cars

Elected members will be reimbursed for the actual and reasonable cost of any expenditure on rental cars where this is considered necessary to attend conferences, courses and business meetings attended at the request of Council, or approved by the Chairman. If rental cars are used they are to be cheaper than mileage allowance or air fare.

Air Travel – Domestic

All domestic travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

Air Travel – International

All international travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

Council will meet the cost only of economy class airfares unless specifically approved otherwise by the Chairman or Chief Executive.

Stopovers for long distance flights will be at the discretion of the Chairman or Chief Executive, and where approved, will be paid or reimbursed.

Airline Clubs / Airpoints / Airdollars

The Chairman is provided with a Koru Club membership on the basis of frequency of air travel.

Airpoints or airdollars earned on travel, accommodation etc., paid for by the Council are available for the private use of members.

Accommodation costs while away at conferences, seminars, etc

Elected members will be reimbursed for the actual and reasonable cost of any expenditure incurred where this expenditure is incurred for attendance at the request of Council or approved by the Chairman or Chief Executive. Travel is to be approved in advance and all bookings are to be made through Council Corporate Services. This provision also applies to Councillors who normally live at a distance from Napier who stay overnight prior to or between Council or committee meetings

Meals and sustenance, incidental expenses

The reasonable cost of meals and sustenance will be paid or reimbursed where such expenditure is incurred for attendance at conferences, courses and business meetings attended at the request of Council, or approved by the Chairman or Chief Executive. A light lunch is generally provided to Councillors on Council and Committee meeting days.

Private accommodation paid for by local authority

An allowance of $50 per night can be claimed by elected members where they decide to stay privately when attending a conference, course or business meeting where their attendance is at the request of the Council or approved by the Chairman or Chief Executive. Reasonable additional costs associated with staying privately can be claimed only if the prior approval of the Chairman or Chief Executive has been received.

Section 8 – Entertainment and Hospitality

There are no hospitality or entertainment allowances paid to elected members. Where entertainment or hospitality is required at the request of the Council, or on the approval of the Chairman or Chief Executive, reimbursement can be claimed of an actual and reasonable basis.

Section 9 – Communication Allowances

Equipment and technology provided to elected members

The following allowances are paid to elected members to assist with the costs of equipment and technology provided by the elected member. Where Council requires members to use the following equipment the allowances below will be paid.

Use of a personal computer $110

Use of an electronic tablet $110

Use of a printer (with or without scanner) $30

Use of a mobile phone $45

Use of an internet connection $185

Council related toll and mobile phone charges $295

Limitation to Total Communications Allowance Payable

Councillors will be limited to a total payment in any one financial year of $775.

If elected members choose not to use their own equipment then Council may provide the equipment and technology required. All equipment provided by the Council will be subject to approval by the Chairman. This equipment continues to be the property of the Council. The communications allowances which refer to the equipment provided will not be paid.

Section 10 – Professional Development, Clubs and Associations

Council pays for the cost of professional development courses, seminars, etc, approved by Council or the Chairman, within a specified annual budget.

No expenses or allowances in respect of subscriptions to Clubs or associations are paid other than professional bodies specific to their role with Council, e.g. RMLA for Hearings Committee members.

Section 11 – Other Expense Reimbursements and Allowances

The following are reimbursed or provided to elected members.

Clothing

Elected members will be supplied with a rain jacket bearing the Council's logo.

Stationery

Stationery and printer cartidges are available on request for use on Council business.

Elected Members' Office

Elected members are entitled to use the Councillors' Office, located next to the Council Chamber on the ground floor of the Regional Council building. The office is equipped with desks, a telephone and a computer.

Chairman’s Office

The Chairman is provided with an office at the Council’s offices in Napier. This office includes a direct dial telephone extension and networked computer. Full secretarial assistance is also provided.

Section 12 – Taxation of Allowances

Withholding tax will be deducted from all allowances (as distinct from reimbursements of actual business expenses)

Section 13 – Signature

I seek approval from the Remuneration Authority, in relation to the electoral tenure commencing 13 October 2013, of the expense reimbursement rules and payments of allowances applicable to elected members as set out in this document which was adopted by Council on 6 November 2013.

The approved document and any attachments will be available for public inspection in accordance with the Remuneration Authority's determination.

The meeting adjourned at 10.35am and reconvened at 10.55am

HBRC Governance Structure

Ms Lambert provided an overview of the current committee structure, which is proposed for adoption.

The Council then reviewed the terms of reference and membership requirements for each of the committees under the current structure, discussing matters such as quorum, delegations, formulation of agendas and Chair responsibilities and relationships with staff and other members of Council and Committees.

RC22/13

Resolutions

That Council:

1. Considers and, if in agreement, establishes the following committee structure and adopts the Terms of Reference, membership, meeting frequency and Council Executive responsible for each committee as detailed following.

1.1 Regional Council

1.1.1 Confirms the Terms of Reference for the Regional Council, being:

Hawke’s Bay Regional Council

Terms of Reference

(Adopted 6 November 2013)

1. To develop or approve all major policy of Council and to deal with all other issues concerning the Council’s responsibilities which have not otherwise been delegated to Committees of Council or the Council’s Chief Executive and which are not the responsibility of the Chief Executive but require Council consideration.

Members:	All elected members of the Council
Chairman:	Chairman of the Council being: Fenton Wilson
Deputy Chairman:	Elected Deputy Chairman being: Christine Scott
Meeting Frequency:	Generally the last Wednesday of each month
Staff Executive:	Chief Executive

1.2 Environment and Services Committee

1.2.1 Nominates Councillor Rex Graham for the position of Chairman of the Environment and Services Committee

Wilson/Beaven

Elects Councillor Rex Graham unopposed to the position of Chairman of the Environment and Service Committee.

CARRIED

1.2.2 Nominates Councillor Peter Beaven for the position of Deputy Chairman of the c Committee

Wilson/Dick

Elects Councillor Peter Beaven unopposed to the position of Deputy Chairman of the Environment and Services Committee.

CARRIED

1.2.3 Confirms the Terms of Reference for the Environment and Services Committee, being:

Environment and Services Committee

Terms of Reference

(adopted 6 November 2013)

1) Policy

1.1 To consider and recommend to Council policies with regard to Council responsibilities or involvement with land drainage and river control under the Local Government Act 2002, Land Drainage and Rivers Control Act 19541 and Land Drainage Act 1908

1.2 To consider and recommend to Council policies with regard to Council’s responsibilities for biosecurity under the Local Government Act 2001 and the Biosecurity Act 1993.

1.3 To consider and recommend to Council strategies, policies and by-laws and compliance and enforcement programs relating to maritime and navigational safety under the Maritime Transport Act.

2) Environmental Monitoring and Research

2.1 To consider and recommend to Council environmental monitoring strategies and research and investigation programmes, including the State of the Environment Reports.

2.2 To consider technical reports on the findings of research and investigations into the impact of activities and recommend to Council the development of new policy frameworks based around such information.

3) Implementation

3.1 To periodically review the effectiveness of Council's work programmes within the ambit of the Committee and make recommendations to Council for any changes.

3.2 To recommend to Council management plans or any similar such documents for the effective implementation of these programmes of Council.

3.3 To assist staff, where appropriate, in identifying a preferred option and funding mechanism for Council consideration for any biosecurity initiative or infrastructure asset construction or improvement work and in promoting the preferred option to the beneficiaries.

3.4 To consider and recommend to Council all other policy implementation issues of Council.

4) Compliance and enforcement

4.1 To consider reports on the effectiveness of Council’s compliance monitoring and enforcement activities, and to recommend to Council the response to issues arising from such reports.

5) Financial Authority

5.1 To recommend to the Corporate and Strategic Committee consideration of possible financial implications of specific initiatives.

6) Advocacy and Liaison

6.1 To receive reports and liaise with Territorial Authorities on any issues dealt with through the Environment and Services Committee, as necessary.

6.2 To assist with the co-ordination of services between the Regional Council, other relevant local authorities and other entities/groups.

7) Statutory Process

7.1 To consider and authorise the lodging of an appeal or reference to the Environment Court against a decision of a territorial authority or an application or designation or proposed plan or plan change or variation on which the Regional Council had lodged a formal submission.

Members:	· All Councillors being: Alan Dick, Christine Scott, Dave Pipe, Debbie Hewitt, Fenton Wilson, Peter Beaven, Rex Graham, Rick Barker and Tom Belford. · Two appointed members of the Maori Committee being: and .
Chairman:	A member of the Committee as elected by the Council being: Rex Graham
Deputy Chairman:	A member of the Committee as elected by the Council being: Peter Beaven
Meeting Frequency:	Two-monthly, generally on the second Wednesday of the month
Staff Executive:	Group Manager Resource Management Group Manager Asset Management

1.3 Corporate and Strategic Committee

1.3.1 Nominates Councillor Debbie Hewitt for the position of Chairman of the Corporate and Strategic Committee.

Wilson/Scott

Elects Councillor Debbie Hewitt unopposed to the position of Chairman of the Corporate and Strategic Committee.

CARRIED

1.3.2 Nominates Councillor Dave Pipe for the position of Deputy Chairman of the Corporate and Strategic Committee.

Scott/Wilson

Elects Councillor Dave Pipe unopposed to the position of Deputy Chairman of the Corporate and Strategic Committee.

CARRIED

1.3.3 Confirms the Terms of Reference for the Corporate and Strategic Committee, being:

Corporate and Strategic Committee

Terms of Reference

(adopted 6 November 2013)

1. Responsible for considering and recommending to Council strategic planning initiatives including development of the Council’s Strategic Plan and other strategic initiatives with external stakeholders including District and City Councils.

2. To consider the resourcing implications of strategic initiatives.

3. To consider major financial matters arising from other Committees’ recommendations.

4. To consider and recommend to Council on risk and audit issues.

5. To consider the issues raised in the Audit Reports on the LTCCP and Annual Report as provided by Council's Audit provider, Audit New Zealand.

6. To consider and recommend to Council the strategic direction for Council's investment portfolio.

7. To consider and recommend to Council, where appropriate, the sale or acquisition of Council investments.

8. Use of Delegated Powers for the Strategic Planning and Finance Committee – this committee may, without confirmation by the local authority that made the delegations, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them, provided that the decision deserves urgency and the decision to make the resolution a decision of Council is carried unanimously.

Members:	All Councillors; being: Alan Dick, Christine Scott, Dave Pipe, Debbie Hewitt, Fenton Wilson, Peter Beaven, Rex Graham, Rick Barker and Tom Belford. Two appointed members of the Maori Committee being: the Chairman of the Maori Committee, Mike Mohi, and one other nominee
Chairman:	A Councillor as elected by the Council being: Debbie Hewitt
Deputy Chairman:	A Councillor as elected by the Council being: Dave Pipe
Meeting Frequency:	Generally on the second Wednesday of every second month
Staff Executive:	Chief Executive, Group Manager Strategic Development and Group Manager Corporate Services and other staff as required.

1.4 Regional Planning Committee

1.4.1 Confirms continuation of the Committee under the current Terms of Reference; being:

Regional Planning Committee

Terms of Reference

[adopted 6 November 2013]

a) Introduction

Through its Treaty of Waitangi settlement negotiations with the tāngata whenua of the Hawke’s Bay[1], in conjunction with the Council, the Crown has committed to introduce legislation to establish a permanent Regional Planning Committee (Permanent Committee) to draft and recommend to the Council plan and policy changes that affect natural resources in the Hawke’s Bay region.

Legislation will be introduced to make the Permanent Committee permanent. Negotiations on terms of reference of the Permanent Committee are yet to be concluded. However, in the meantime, the Council and the Member Tāngata Whenua Groups have agreed to establish the Committee with interim terms of reference to begin working together on the matters set out at b) to d) following.

These terms of reference will be superseded by terms of reference of the Permanent Committee when legislation is enacted to give effect to agreements reached in respect of the Permanent Committee. These terms of reference may be amended by the Council and the Member Tāngata Whenua Groups in accordance with (n) following.

b) Purpose

To oversee the review and development of the Regional Policy Statement and Regional Plans for the Hawke’s Bay region, as required under the Resource Management Act 1991.

c) Process

The Committee is responsible for preparing Proposed Regional Plans and Proposed Regional Policy Statements, or any Plan Changes or Plan Variations, and recommending to the Council the adoption of those documents for public notification, as provided for further in paragraph (d) following. In the event that the Council does not adopt all or any part of any Proposed Regional Plan, Proposed Regional Policy Statement, Plan Change or Plan Variation or other recommendation, the Council shall refer such document or recommendation in its entirety back to the Committee for further consideration, as soon as practicable but not later than two months after receiving a recommendation from the Committee.

d) Specific Responsibilities

· To implement a work programme for the review of the Council’s Regional Plans and Regional Policy statements prepared under the Resource Management Act 1991.

· To prepare any changes to the Regional Resource Management Plan, including the Regional Policy Statement.

· To prepare any Plan Variations to the Proposed Regional Coastal Environment Plan.

· To prepare Plan Changes to the Regional Coastal Environment Plan as required, once it is operative.

· To oversee consultation on any draft Proposed Regional Plan, Proposed Regional Policy Statement, Plan Change or Plan Variation (prior to notification).

· To recommend to Council for public notification any, Proposed Regional Plans, Proposed Regional Policy Statements, Plan Changes or Plan Variations.

· In accordance with the process outlined above, to review any documents which the Council may refer back to the Committee for further consideration.

· To recommend to Council the membership of Hearings Panels, from appropriately trained and eligible commissioners, to hear and decide upon submissions on Proposed Regional Plans, Proposed Regional Policy Statements, Plan Variations and Plan Changes (which may include members of the Committee).

· To determine the scope for the resolution and settlement of appeals on Proposed Policy Statements, Proposed Regional Plans, Plan Variations and Plan Changes.

· When required, to recommend to Council that officers be delegated with the authority to resolve and settle any appeals and references through formal mediation before the Environment Court.

· To monitor the effectiveness of provisions of Regional Policy Statements and Regional Plans in accordance with section 35 of the Resource Management Act and incorporate the monitoring outcomes into a review of the Committee’s work programme

e) Membership

· Tāngata Whenua Representatives, each appointed by Council on nomination by a Member Tāngata Whenua Group.

· Councillor members equal to the number of Tāngata Whenua Representatives appointed at any time.

The principle which applies is that there shall be equal numbers of Councillor members and Tāngata Whenua Representatives on the Committee at any time.

f) Chairperson and Deputy Chairperson (Transition Period: April 2012 - December 2012)

During the transition period the Chair of the Committee will be appointed by Council from Councillor members. The Deputy Chairperson will be appointed by Council on nomination from the Tāngata Whenua representatives.

g) Chairperson (January 2013 – enactment of legislation and establishment of the Permanent Committee)

From the end of the transition period until the establishment of the Permanent Committee the Committee will have two Co-Chairs:

· a Councillor member of the Committee appointed by the Councillor members; and

· a Tāngata Whenua Representative appointed by Council on nomination from the Tāngata Whenua representatives.

Each Co-Chair shall preside at meetings of the Committee on a pre-arranged basis. This arrangement will presume that the Co-Chairs will be responsible for separate areas of policy development and each will preside over a meeting as their relevant portfolio areas are discussed.

h) Term of Membership

Membership of the Committee (both Councillor members and Tāngata Whenua representatives) shall be reviewed following the 2013 triennial election of Councillors, unless the Permanent Committee has already been established. The Council will review the appointment of its Council members, and Member Tāngata Whenua Groups will review the appointment of their respective Tāngata Whenua representatives. However, it is recognised that the Tāngata Whenua representatives are nominated for appointment by their respective Member Tāngata Whenua Groups from time to time (and not necessarily triennially), and in accordance with the processes of their respective Member Tāngata Whenua Groups.

i) Quorum

75% of the members of the Committee.

j) Voting Entitlement

Best endeavours will be made to achieve decisions on a consensus basis, or failing consensus, the agreement of 80% of the Committee members in attendance will be required. Where voting is required all members of the Committee have full speaking rights and voting entitlements.

Standing Orders 2.5.1(2) and 3.14.2 which state: “The Chairperson at any meeting has a deliberative vote and, in the case of equality of votes, also has a casting vote” do NOT apply to the Regional Planning Committee.

k) Special Terms of Reference

· The role of the Committee, and all members of the Committee, is to objectively overview the development and review of proposed policy statements, plans, variations and plan changes in accordance with the requirements of the Resource Management Act 1991. In particular the Committee must apply the purpose and principles of the Act and section 32 to its decision-making.

· The Committee, when recommending the appointment of hearings panels, shall recommend members for their particular skills, attributes or knowledge relevant to the work of the panel and shall so far as possible ensure that no member is open to perceptions or allegations of bias or predetermination.

· It is not intended that the participation of Tāngata Whenua representatives on the Committee be a substitute for any consultation with iwi required under the First Schedule of the Resource Management Act 1991.

l) Meeting Frequency and Notice

As required in order to achieve the Plan and Policy Development work programmes.

Notice of meetings will be given well in advance in writing to all Committee members, and not later than 1 month prior to the meeting.

m) Review of these Terms of Reference

The Terms of Reference for the Committee will be reviewed by the Councillor members and the Tāngata Whenua representatives in April 2013 to determine whether the Committee is fulfilling the objectives of the Council and Tāngata Whenua.

n) Amendments to these Terms of Reference

The Councillor members or Tāngata Whenua representatives may request changes to the Terms of Reference. Amendments to the Terms of Reference may only be made with the approval of:

· the Councillors at a Council meeting; and

· the Tāngata Whenua representatives at a hui called for that purpose.

o) Technical support

The Committee will have full access to Council staff, through the relevant Group Managers, to provide any technical support required in order to achieve the Committee’s purpose, as set out in paragraph (b) above.

q) Terms of Reference Interim

These Terms of Reference are interim only and will be superseded by the Terms of Reference for the Permanent Committee.

r) Officer Responsible

Group Manager Strategic Development

GLOSSARY

Proposed Regional Plan / Proposed Regional Policy Statement	A proposed regional plan or proposed regional policy statement is a document that has been issued by the Council and ‘proposed’ as the Council’s official position. To be legally proposed, a document must be publicly notified so people can make submissions.
Plan Variation	A plan variation is when a Council proposes a further change to a plan or policy statement that is still in the ‘proposed stage’ and has yet to be finalised.
Operative Regional Plan / Operative Regional Policy Statement	In relation to a regional plan or a regional policy statement, means that it has been through the public submission, hearings and Court processes and has full effect.
Plan Change	Is when a Council proposes changes to an operative plan or policy statement.
Hearings Panel	Is a panel appointed to hear public submissions on any Proposed Plan, Proposed Policy Statement, Plan Change or Plan Variation. It may be made up of any number of people, and may include Committee members, independent commissioners, or a mix of the two.
Member Tāngata Whenua Group	Means a Crown recognised mandated group representing tāngata whenua interests within the Hawke’s Bay region, mandated for the purpose of negotiating with the Crown for a settlement of claims under the Treaty of Waitangi, being: · Mana Ahuriri Incorporated (representing the Ahuriri Hapū); · Maungaharuru-Tangitu Incorporated (representing the Maungaharuru-Tangitu Hapū); · Ngāti Hineuru Iwi Incorporated (representing Ngāti Hineuru); · on an interim basis and only to the extent set out in the Deed of Commitment [ ] between HBRC, Tāngata Whenua Parties and the Crown, Te Toi Kura o Waikaremoana (representing Ruapani ki Waikaremoana); and · Any other group which becomes a Tāngata Whenua Party to the Deed of Commitment dated [ ] between HBRC, Tāngata Whenua Parties and the Crown by executing a Deed of Accession set out in Schedule 1 of that Deed.
PSGE	Means a post settlement governance entity which has taken over responsibility from a Member Tāngata Whenua Group for representing tāngata whenua interests, being: · The Trustees of the Ngāti Pāhauwera Development Trust (representing Ngāti Pāhauwera); and · Any other entity which becomes a Tāngata Whenua Party to the Deed of Commitment dated [ ] between HBRC, Tāngata Whenua Parties and the Crown by executing a Deed of Replacement set out in Schedule 2 of that Deed
Tāngata Whenua Representative	Means each representative nominated by: a. a Member Tāngata Whenua Group; or b. a PSGE.
The Council	Means the Hawke’s Bay Regional Council.
The Permanent Committee	Means the Permanent Regional Planning Committee referred to in the Deed of Settlement with Ngāti Pāhauwera signed 17 December 2010 (clause 5.22 and clauses 3.19-3.28 of the Provisions Schedule) and Agreement in Principle with Maungaharuru-Tangitu Hapū signed 22 September 2011 (clause 5.41 and Schedule 4).
Regional Resource Management Plan	Includes the Regional Policy Statement which relates to air, fresh water, gravel and land.
Regional Policy Statement	Is the document that sets the basic direction for environmental management in the region. This also includes the Māori Dimension. It does not include rules.
Regional Plan	A document that sets out how the Council will manage a particular aspect of the environment, like the coast, soil, rivers or the air. Can include rules.
Regional Coastal Environment Plan	A document that sets out how the Council will manage the coast. Can include rules.

1.4.2 Confirms, in accordance with the current Terms of Reference, Councillor Fenton Wilson as Chairman of the Regional Planning Committee, shared with Co-Chairman Toro Waaka.

Dick/Scott

CARRIED

1.5 Hearings Committee

1.5.1 Nominates Councillor Christine Scott for the position of Chairman of the Hearings Committee

Wilson/Pipe

Elects Councillor Christine Scott unopposed to the position of Chairman of the Hearings Committee.

CARRIED

1.5.2 Nominates Councillors Peter Beaven, Dave Pipe, Debbie Hewitt and Rick Barker as members of the Hearings Committee.

Scott/Wilson

Elects Councillors Peter Beaven, Dave Pipe, Debbie Hewitt and Rick Barker as members of the Hearings Committee.

CARRIED

1.5.3 Confirms the Terms of Reference for the Hearings Committee; being:

Hearings Committee

Terms of Reference

(adopted 6 November 2013)

1. Pursuant to Section 34(1) of the Resource Management Act (RMA) the Hawke's Bay Regional Council delegates the following functions, powers and/or duties under the RMA[2]:

· To hear and make decisions on applications arising out of the Council's regulatory responsibilities as follows:

1..1. notified applications where submissions have been made and submitters wish to be heard;

1..2. reviews of conditions (s.128) where consent holder and/or submitters wish to be heard;

1..3. notified applications where submissions have been made and where the Committee considers it necessary to hold a hearing;

1..4. objections to decisions made under delegated authority by staff, where they wish to be heard (s.357);

1..5. where the staff recommendation is to decline any application for reasons other than inadequate information;

· To determine other related discretionary process matters that may be associated with a hearing such as waivers of time, as appropriate under the Resource Management Act 1991.

· To hear and make decisions on objections against costs under Section 36(6) of the Act and objections to the levying of Financial Contributions under Section 108 of the Act.

· To hear and make decisions on lapsing of consents under Section 125 of the Act where a decision of an officer acting under delegated authority is subject to an objection.

2. Pursuant to section 82 of the Biosecurity Act (BA) the Hawke’s Bay Regional Council delegates the following functions, powers and/or duties under the BA:

· To hear and make decisions on submissions received on any statutory documents prepared by Council which have been subject to a formal submission process under the Biosecurity Act.

· To authorise the resolution and settlement of appeals and references through formal hearings or mediation before the Environment Court or any other judicial body which relate to the preparation of any statutory documents prepared under the Biosecurity Act by the Council and to either generally or from time to time delegate to officers the authority to resolve and settle appeals and references through formal mediation.

3. The Hawke’s Bay Regional Council delegates to the Hearings Committee, the appointment of Hearings Committee members to a Hearing Panel to undertake the functions set out above in 1. and 2. and the appointment of the Chair of the Hearing Panel.

Members:	Up to five elected and accredited Members of Council; and up to three accredited members of the Maori Committee, nominated by the Chairman of the Maori Committee; being: Councillors Christine Scott, Peter Beaven, Dave Pipe, Debbie Hewitt and Rick Barker Mike Mohi
Hearing Panel Composition:	The Hearing Panel sitting to make decisions relating to 1. and 2. above shall comprise any combination of: The Chairman sitting alone; Up to three members of the Hearings Committee; Up to five accredited Commissioners; If considered advisable in any particular case by the Chairman of the Hearings Committee, a member of the Council’s Maori Committee. Also when appropriate, the Chair of the Standing Committee when hearings directly relate to policy originating from that Committee.
	The Hearing Panel Chair has a Casting vote.
Chairman:	A Chairing Accredited member of the Committee as elected by the Council being: Christine Scott
Deputy Chairman:	A member of the Committee as elected by the Council being:
Meeting Frequency:	As is required
Staff Executive:	Group Manager Resource Management and Group Manager Asset Management
Qualifications:	In accordance with s39B all persons appointed to a hearing panel shall be accredited, except that where there is a group, and over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

1.6 Tenders Committee

1.6.1 Confirms the appointment of Councillors Fenton Wilson, Christine Scott, Rex Graham and Debbie Hewitt to the Tenders Committee.

1.6.2 Confirms the Terms of Reference for the Tenders Committee, being:

Tenders Committee

Terms of Reference

(adopted 6 November 2013)

1. To consider and accept tenders which exceed the delegated authority of the Chief Executive.

2. To consider and decide on exemptions to Council’s Contracts and Tenders policy as set out in section 2.1.4.2 of Council’s policy handbook.

3. The quorum is a majority of members of the Committee.

Members:	The Chairman of the Council being: Fenton Wilson The Deputy Chairman of the Council Councillor Christine Scott The Chairs of the Corporate and Strategic and Environment and Services committees; being: Debbie Hewitt (C&S) and Rex Graham (E&S)
Chairman:	Chairman of the Council being: Fenton Wilson
Meeting Frequency:	As required
Staff Executive:	Chief Executive

Scott/Wilson

CARRIED

1.7 Maori Committee

1.7.1 Nominates Councillors Rick Barker, Rex Graham, Dave Pipe and Tom Belford.

Scott/Wilson

Elects Councillors Rick Barker, Rex Graham, Dave Pipe and Tom Belford as Council representatives on the Maori Committee.

CARRIED

1.7.2 Confirms the Terms of Reference for the Maori Committee, being:

Maori Committee

Terms of Reference

(Adopted by Regional Council 6 November 2013)

1. To make recommendations to the Council on matters of relevance affecting the tangata whenua of the Region, and to help fulfil the Maori consultative requirements of the Council particularly with regard to the principles of the Treaty of Waitangi and the Local Government Act 2002.

2. To prepare, within the first six months of the Committee’s establishment, a work plan for the Committee which will set out in general terms what the Committee aims to achieve over its three year term.

Members:	Up to four elected members of the Council being: Rick Barker Rex Graham Dave Pipe Tom Belford The Chairman of the Council ex officio being: Fenton Wilson Twelve representatives nominated by the Tangata Whenua who are to be appointed at the first meeting of the Committee by the three elected members of the Council and with Tangata Whenua Members of the Maori Committee able to propose to the Committee short term replacements to attend in their place if they are unable to attend any meeting with one representative nominated from each of the following groups:
	(Yet to be confirmed)	Kaumatua (Wairoa) Kahungunu Executive (Wairoa) Wairoa Taiwhenua (Wairoa) Kaumatua (Hastings) Heretaunga Executive (Hastings) Heretaunga Taiwhenua (Hastings) Tamatea Executive (Central Hawke’s Bay) Kaumatua (Central Hawke’s Bay) Tamatea Taiwhenua (Central Hawke’s Bay) Kaumatua (Napier) Te Whanganui a Orotu Taiwhenua (Napier) Ahuriri Executive (Napier)
Chairman:	A Tangata Whenua member of the Committee as elected by the Committee.
Meeting Frequency:	Bi-monthly, but with the Chairman of the Committee authorised to arrange additional meetings should the need arise with the fourth Tuesday in the month being the normal meeting day.
Staff Executive:	Chief Executive

1.8 Regional Transport Committee

1.8.1 Nominates Councillor Alan Dick was nominated for the position of Chairman of the Regional Transport Committee

Wilson/Hewitt

Elects Councillor Alan Dick unopposed to the position of Chairman of the Regional Transport Committee.

CARRIED

1.8.2 Nominates Councillor Rick Barker for the position of Deputy Chairman of the Regional Transport Committee

Scott/Wilson

Elects Councillor Rick Barker unopposed to the position of Chairman of the Regional Transport Committee.

CARRIED

1.8.3 Confirms the Terms of Reference for the Regional Transport Committee, being:

Regional Transport Committee

Terms of Reference

(adopted 6 November 2013)

1. Oversee and monitor the current Regional Land Transport Strategy for 2012-2042; the Regional Land Transport Programme for 2012-2015; and the Regional Public Transport Plan for 2011-2014.

2. Monitor passenger transport objectives and make recommendations to the Regional Council on subsidised Public Transport policies.

3. Prepare, for Council approval, the Regional Cycling Plan.

4. Advocate to Government:

4.1 For future regional discretionary roading capital works funding after expiration of the Regional (“R”) funds; and

4.2 To re-open the Napier to Gisborne rail line.

5. Oversee governance of RoadSafe Hawke’s Bay through a subcommittee of the Transport Committee.

6. Prepare for approval by the Council a new Regional Land Transport Plan (RLTP) in accordance with the Land Transport Management Amendment Act 2013.

7. Provide the Regional Council with any advice and assistance it may request in relation to its transport responsibilities.

Members:	a. Voting Members Two elected members of the Regional Council being: Councillor Alan Dick Councillor Rick Barker One representative, as appointed by Council, from each of the following organisations who are able to propose to the Committee short term replacements to attend in their place if they are unable to attend any meeting:
		Wairoa District Council Hastings District Council Napier City Council Central Hawke's Bay District Council New Zealand Transport Agency
	b. Advisory Members (non voting)
		New Zealand Police Automobile Association (AA) Napier Port KiwiRail One road transport representative; and One cultural interest representative.
Chairman:	A member of the Committee as elected by the Council, being: Councillor Alan Dick
Deputy Chairman:	A member of the Committee as elected by the Council, being: Councillor Rick Barker
Quorum:	A quorum of the Regional Transport Committee shall be four members – three of whom shall be members able to vote on matters related to regional transport programmes.
Voting:	In accordance with section 105(7) at any meeting of the RTC, the chair, or any other legislated person presiding at the meeting,— (a) has a deliberative vote; and (b) in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved). All members have full speaking rights but only representatives of the Regional Council, Territorial Authorities and the Agency are entitled to vote on matters related to regional transport programmes.
Meeting Frequency:	Three monthly, or as required.
Staff Executive:	Transport Manager
Technical Advisory Group (TAG)	The Transport Committee considers advice relating to strategic roading issues from a Technical Advisory Group (TAG), generally comprising Roading and Infrastructural Planning officers from NZTA and the Territorial Authorities and is chaired by the HBRC Transport Manager. TAG members attend but do not vote at the Transport Committee meetings.

Scott/Wilson

CARRIED

1.9 Hawke’s Bay Civil Defence Emergency Management Group Joint Committee

1.9.1 Notes that the Terms of Reference will be reviewed and adopted by the Group at its first meeting.

1.9.2 Confirms that the current Terms of Reference requires the Chairman of Council to represent the Regional Council on the Hawke’s Bay Civil Defence Emergency Management Group Joint Committee.

Barker/Graham

CARRIED

2. Agrees to undertake a review of the committee structure, including terms of reference and membership, to align with the review of the Maori Committee by June 2014.

3. Agrees that there will be no reallocation of uncommitted responsibility increments (2) to allow for future additional positions of additional responsibility or, failing that, to return unallocated funds to the rating pool.

Dick/Scott

CARRIED

11.

Appointment of Members to Other Groups/Boards

Ms Lambert provided an overview of the types of appointments traditionally made by or requested of Council, and mentioned that these provided a base and some of these bodies may evolve into others, cease or additional bodies may be added from time to time.

Recommendations

That Council:

2. Appoints Councillor representatives to the following organisations or groups:

2.1 Two representatives on the Cycling Plan Governance Group; being Councillors Christine Scott and Rick Barker.

Dick/Graham

CARRIED

2.2 One representative on the TBfree Hawke’s Bay Committee; being Councillor Rex Graham.

Scott/Belford

CARRIED

2.3 One representative on the Hawke’s Bay Drought Committee; being Councillor Fenton Wilson.

Scott/Belford

CARRIED

2.4 Two representatives on the Biodiversity Strategy Steering Group; being Councillors Tom Belford and Dave Pipe.

Scott/Beaven

CARRIED

2.5 Three representatives on the Greater Heretaunga Plan Change (TANK) Collaborative Stakeholder Group; being Councillors Peter Beaven, Tom Belford and Christine Scott.

Graham/Wilson

CARRIED

2.6 Two representatives on the Heretaunga Plains Urban Development Strategy Implementation Working Group, being Councillors Alan Dick and Tom Belford.

Pipe/Beaven

CARRIED

2.7 One representative on the Upper Tukituki Facilitation Group; being Councillor Debbie Hewitt.

Scott/Beaven

CARRIED

2.8 One representative on the Hawke’s Bay Sports Council; being Councillor Barker

Wilson/Pipe

CARRIED

12.

Petroleum Exploration Proposed Block Offer 2014 Comments

Councillor Hewitt advised that she resides in the area subject to the Block Offer and under discussion today.

Mr Gavin Ide, Team Leader Policy, explained his role with Council and his background for the benefit of new Councillors and others unfamiliar with him.

Mr Ide provided an explanation of the process under way – of the Government’s ‘opening up’ areas for possible exploration activities to be put out for ‘tender’.

In seeking comment from Council, the Crown has sought very specific advice. The comments drafted also include additional comments in relation to aquifers and other sensitive areas.

Mr Ide and Mr Maxwell, in response to queries, explained the requirements related to the ‘activities’ involved in exploration and how rules in the Regional Resource Management Plan and consent conditions are able to be applied to ‘regulate the effects of the activities’, not the activities themselves.

It was suggested that the comments to New Zealand Petroleum and Minerals include reference to previous resolutions of Council relating to national regulations.

There was discussion surrounding public concerns relating to exploration activities. There was strong support for the Council taking a lead in developing Regional policy for these activities.

RC23/13

Resolutions

That Council:

2. Agrees to forward the attached comments to New Zealand Petroleum and Minerals on the proposed Block Offer 2014, subject to any further amendments arising at the meeting.

3. Requests that staff bring, to the December 2013 Council meeting, a report outlining possible processes that Council might undertake to engage with the public on the development of policy for petroleum exploration in the Region.

4. Reaffirms the statement contained within the comments to New Zealand Petroleum and Minerals, that “Council strongly urges the Minister not to include any Blocks or smaller grids thereof in or near any of the Heretaunga Plains, Ruataniwha or other known productive aquifer systems.”

Barker/Graham

CARRIED

13.

Chairman's Accommodation

Chairman Wilson vacated the Chair and left the room, as he had declared an interest in the item and would take no part in the discussion, nor voting.

Councillor Scott assumed the Chair.

Ms Lambert provided an explanation of the reasons for the recommendations in relation to providing local accommodation for the Chairman.

It was noted that it could be difficult to find reasonable accommodation within the proposed limits and that there was general acceptance that Council may need to commit to $400 (or thereabouts) per week to secure something of an acceptable, comfortable standard.

RC24/13

Resolutions

That Council:

2. Resolves to authorise the Chief Executive to enter into a contract for a modest long term rental property, at a cost of between $360 and $380 per week, for the Chairman’s accommodation over the next three years.

Graham/Pipe

CARRIED

Councillor Scott vacated the Chair and Councillor Wilson re-assumed the Chair.

14.

Minor Items Not on the Agenda

Item

Topic

Councillor / Staff

Requested that Council receives a full briefing on the state of RWS and how project is progressing before the end of the year.

It was suggested that the region’s mayors also be invited to such a briefing.

Cr Barker

15.

Confirmation of Appointments to Napier Port Board of Directors

RC25/13

Resolutions

1. That Council excludes the public from this section of the meeting, being Agenda Item 15 Confirmation of Appointments to Napier Port Board of Directors 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 Appointments to Napier Port Board of Directors	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.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

2. Confirms that Dr Andy Pearce, HBRIC Ltd Chairman, be in attendance at the meeting for the discussion of this item as the Company’s and Shareholder’s representative.

Scott/Pipe

CARRIED

The meeting went into public excluded session at 12.30pm and out of public excluded session at 12.45pm

Closure:

There being no further business the Chairman declared the meeting closed at 12.45pm on Wednesday, 6 November 2013.

Signed as a true and correct record.

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

[1] See Deed of Settlement with Ngāti Pāhauwera signed 17 December 2010, clause 5.22 and clauses 3.19-3.28 of the Provisions Schedule to the Deed; and Agreement in Principle with Maungaharuru-Tangitu Hapū signed 22 September 2011, clause 5.41 and Schedule 4. In addition, the Crown has made commitments to other Tāngata Whenua Representatives to establish the Committee, including Mana Ahuriri Incorporated (for the Ahuriri Hapū) and Ngāti Hineuru Iwi Incorporated (for Ngāti Hineuru).

[2] NOTE: For the avoidance of doubt, the Hearings Committee is not delegated the functions, powers and duties to hear and make decisions on submissions made in relation to a proposed plan, policy statement, plan change or variation under the RMA. Such functions, powers and duties are delegated to a Panel of accredited RMA hearings commissioners appointed by the Council on an as needed basis, based on recommendations from the Regional Planning Committee.