MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 30 April 2014

 

Time:                          9.00am

 

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     F Wilson - Chairman

R Barker

P Beaven

T Belford

A J Dick

R Graham

D Hewitt

D Pipe

C Scott

 

In Attendance:          M Mohi – Chairman – Maori Committee

E Lambert – Chief Executive

L Hooper – Governance & Corporate Administration Manager

A Newman – HBRIC Ltd Chief Executive

G Hansen – Group Manager Water Initiatives

H Caldwell – Management Accountant

 

 


1.       Welcome/Prayer/Apologies/Notices

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

Mr Mohi advised that he would need to be excused from the meeting at 12.30pm to attend another meeting.

There were no notices, nor apologies.

 

2.       Conflict of Interest Declarations

As per a request made at the 26 February Regional Council meeting, councillors’ Members’ Interest declarations were tabled for confirmation. Councillors Barker, Beaven, Dick, Graham and Wilson advised of updates for action, while Councillors Scott and Hewitt and Mrs Lambert confirmed theirs.

There was discussion in relation to ‘Other Interests’ and whether or not Councillor Belford’s membership on Transparent Hawke’s Bay and representation of that group at the Environmental Protection Authority hearing on Plan Change 6 should be included. Councillor Belford stated that he chooses not to declare his membership on the various interest groups to which he belongs.

Following further discussion it was agreed that further clarification of what ‘other interests’ should be declared in accordance with advice from the Auditor General’s office.

The following are the Members’ Interests confirmed as at 30 April 2014.

 

Councillor Richard Barker

Property Ownership in Hawke’s Bay

 

409 Burnett Street, Hastings

 

409A Burnett Street, Hastings

 

18 Thorn Place, Onekawa

 

Shareholding/Partnerships/Trusts or Trading Interests

 

Barker Family Trust

 

Directorships or Trusteeships

 

Barker Family Trust

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared

Councillor Peter Beaven

Property Ownership in Hawke’s Bay

 

35A McHardy Street, Havelock North

 

Shareholding/Partnerships/Trusts or Trading Interests

 

None declared

 

Directorships or Trusteeships

 

Lagoon Family Trust

 

Prevar Ltd

 

Pipfruit NZ

 

100% Pure NZ Ltd

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared


 

Councillor Thomas Belford

Property Ownership in Hawke’s Bay

 

40 Raratu Road, RD 14, Havelock North

 

Shareholding/Partnerships/Trusts or Trading Interests

 

Belford Partnership – interest 50%

 

BayBuzz Ltd – interest 100%

 

Directorships or Trusteeships

 

None declared

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared

Councillor Alan Dick

Property Ownership in Hawke’s Bay

 

3 Newbury Place, Taradale, Napier

 

227 Taradale Road, Greenmeadows, Napier

 

Shareholding/Partnerships/Trusts or Trading Interests

 

Aliz Investments Ltd (not trading)

 

Directorships or Trusteeships

 

Aliz Investments Ltd (not trading)

 

Napier Academy Trust Inc (Trustee)

 

ME/CFS Support HB (Committee member and Treasurer)

 

Other Interests

 

Gisborne Rail Establishment Group (Interim Chairman)

 

Directorships or Businesses of partners/spouses

 

Elizabeth Dick, Director of Aliz Investments Ltd and employed as part-time co-ordinator for ME/CFS Support HB, also part-time field officer (Napier) for the Stroke Foundation

Councillor Rex Graham

Property Ownership in Hawke’s Bay

 

Eastella, 232 St Georges Road, Hastings

 

Shareholding/Partnerships/Trusts or Trading Interests

 

Graham Greene Ltd

 

RGA Holdings Ltd

 

Fresh New Zealand Ltd

 

NZ Fruit Tree Company Ltd

 

Zeesweet Ltd

 

John Morton Ltd

 

Shennong Variety Management Ltd

 

Graham Family Trust

 

Eastella Trust

 

Directorships or Trusteeships

 

Gladeye Ltd (Chairman)

 

Te Aranga Ltd (Director

 

Te Aranga-O-Heretaunga Marae Charitable Trust (Trustee)

 

HB Regional Sports Park Trust (Trustee)

 

Te Matau a Mau Voyaging Trust (Trustee)

 

U-Turn Charitable Trust (Chairman)

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared


 

Councillor Deborah Hewitt

Property Ownership in Hawke’s Bay

 

227 Porangahau Road, Waipukurau

 

238 Pourerere Beach Road, Aramoana

 

Shareholding/Partnerships/Trusts or Trading Interests

 

None declared

 

Directorships or Trusteeships

 

Hewitt Agribusiness Ltd

 

Hewitt Livestock Ltd

 

Hewitt Family Trust

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared

Councillor David Pipe

Property Ownership in Hawke’s Bay

 

25 Vigor Brown Street, Napier

 

Shareholding/Partnerships/Trusts or Trading Interests

 

Napier Community House Trust – Chair (Charitable Trust)

 

Directorships or Trusteeships

 

Hawke’s Bay Tourism

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared

Councillor Christine Scott

Property Ownership in Hawke’s Bay

 

43 Napier Terrace, Napier

 

Shareholding/Partnerships/Trusts or Trading Interests

 

RM & CH Family Trust

 

Directorships or Trusteeships

 

ACW Ltd

 

WASSTB

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared

Chairman Fenton Wilson

Property Ownership in Hawke’s Bay

 

141 Maromauku Road, Wairoa

 

80 Maromauku Road, Wairoa

 

Shareholding/Partnerships/Trusts or Trading Interests

 

Oruru Land Company Ltd (5%>)

 

Directorships or Trusteeships

 

Wairoa Community Development Trust

 

St Vedas Trust/AH Gordon Trust/Gary Wilson Family Trust

 

Other Interests

 

Smedley Advisory

 

Directorships or Businesses of partners/spouses

 

None declared


 

Elizabeth Lambert (CE)

Property Ownership in Hawke’s Bay

 

1 Eton Street, Taradale, Napier

 

34A Kensington Drive, Napier

 

Shareholding/Partnerships/Trusts or Trading Interests

 

None declared

 

Directorships or Trusteeships

 

HB Local Authority Shared Services Ltd (Director)

 

Other Interests

 

None declared

 

Directorships or Businesses of partners/spouses

 

None declared

 

There were no conflict of interest declarations for the meeting today.

 

3.       Confirmation of Minutes of the Regional Council Meeting Held on 26 March 2014

RC4/14

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 26 March 2014, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Pipe/Beaven

CARRIED

 

4.       Matters Arising from the Minutes of the Regional Council Meeting Held on Wednesday 26 March 2014

Mrs Lambert advised, in relation to Item 9 Recommendations from the Corporate and Strategic Committee on page 16, that section 2 of the Local Governance Statement was updated to reflect the LGA amendment of the purpose of Local Government “to meet the current and future needs of the HB community for good quality infrastructure, local public services, and performance of regulatory functions in a way that is most cost effective for households and businesses” prior to the document going to publication.

There were no further matters arising from the minutes.

 

5.

Call for Any Minor Items Not on the Agenda

 

There were no items raised

 

6.

Follow-ups From Previous Council Meetings

 

Mrs Lambert updated the Councillors on the status of the items on the follow-ups list, including appointments to the Council Appointments Committee which would be considered at the 28 May Regional Council meeting and future use of the ‘Monthly Work Plan Looking Forward’ item to promote upcoming Council events such as field days in addition to advising Council of work programmes being undertaken.

RC5/14

Resolution

1.      That Council receives the report “Follow-ups from Previous Council Meetings”.

Hewitt/Belford

CARRIED

 

7.

Affixing of Common Seal

1.       The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.

 

 

 

Seal No.

Date

1.1

Residential Leasehold Land Sales

1.1.1     Lot      12

          DP      4488

          CT      55/87

-         Transfer

 

1.1.2     Lot      31

          DP      12692

          CT      E1/53

-         Transfer

 

1.1.3     Lot      406

          DP      11483

          CT      C1/801

-         Agreement for Sale and Purchase

-         Transfer

 

1.1.4     Lot      457

          DP      9059

          CT      K1/164

-         Agreement for Sale and Purchase

-         Transfer

 

1.1.5     Lot      2

          DP      17073

          CT      J3/1403

-         Agreement for Sale and Purchase

 

1.1.6     Lot      2

          DP 13384

          CT      F1/1023

-         Agreement for Sale and Purchase

 

 

 

 

 

3769

 

 

 

 

3770

 

 

 

 

3771

3775

 

 

 

 

3772

3773

 

 

 

 

3774

 

 

 

 

3776

 

 

 

 

 

25 March 2014

 

 

 

 

26 March 2014

 

 

 

 

4 April 2014

23 April 2014

 

 

 

 

14 April 2014

14 April 2014

 

 

 

 

14 April 2014

 

 

 

 

23 April 2014

 

 

In response to a query about how the process of freeholding affects ACC payments it was agreed that the information contained in a previous Council paper would be distributed to Councillors.

RC6/14

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Confirms the action to affix the Common Seal.

Beaven/Scott

CARRIED

 

19.     Verbal report from the Maori Committee meeting held 29 April meeting

Mr Mike Mohi provided an overview of discussions at the Maori Committee meeting yesterday, including an update on Napier-Gisborne rail, a presentation by Des Ratima about Nga Marae o Heretaunga which highlighted ongoing water management issues and iwi/hapu management plan development for marae. There was also a presentation about the Clean Heat programme and discussion about how the programme could be targeted to address the air quality exceedences in Hastings airshed.

In relation to the upcoming Council review and future of the Maori Committee, it was agreed that a workshop will be held prior to the next committee meeting and will include taiwhenua chairs providing input into possible options for continuation of the Committee.

It was noted that the Maori Committee submitted to the Local Government Commission on its draft HB Reorganisation proposal, with hearings scheduled to begin during the week of 13 May 2014 in Hawke’s Bay.

Resolution

RC7/14       That Council receives the verbal update on the 29 April Maori Committee meeting from the Chairman, Mr Mike Mohi.

Barker/Pipe

CARRIED

 

8.

Recommendations from the Environment and Services Committee Meeting Held 9 April 2014

 

Councillor Graham provided an overview of the recommendations as Chairman of the Committee.

RC8/14

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.

Infrastructure Asset Insurance

2.       Adopts the HBRC Disaster Damage Risk Management Policy, included following recommendation 11.

Coastal Strategy

3.     Agrees to work with in collaboration with Napier City Council, Hastings District Council and Treaty of Waitangi settlement groups with mana whenua mandate over the portion of coast being considered, on the development of a strategy for the management of the coast between Clifton and Tangoio.

4.      Agrees that the project will be governed by a Coastal Strategy Development Joint Committee made up of 2 elected members from each of Napier City, Hastings District and Hawke’s Bay Regional Councils and up to three Iwi representatives.

5.      Agrees to continue discussions with He Toa Takitini, Mana Ahuriri Inc, and Maungaharuru Tangitū Trust, seeking their agreement to participate in the Strategy development process and nominate one representative from each organisation to sit on the Coastal Strategy Development Joint Committee to oversee the project

6.      Agrees that the Coastal Strategy Development Joint Committee will be delegated the authority to determine its terms of Reference, the Terms of Reference for a Technical Advisory Group, and the scope and timeline for the project, taking into account the size of the project and the resource available to it.

7.      Notes that resourcing requirements for HBRC’s involvement in the development of the Strategy will be included in the draft LTP 2015-25.

8.      Appoints Councillor Beaven and Councillor Scott as the HBRC representatives on the Joint Committee.

Regional Pest Plan review

9.      Establishes a working group of 3-5 councillors to assist staff in:

9.1       Establishing a timeline and scope for reviewing the Regional Pest Management plans, and

9.2       Completing the review process.

10.    Appoints the following Councillors to the Regional Pest Plan Review working group:

10.2    Councillor Christine Scott

10.3    Councillor Rex Graham

10.4    Councillor Dave Pipe

10.5    Councillor Fenton Wilson

10.6    Councillor Rick Barker.

11.   Notes that the following reports were received at the Environment and Services Committee meeting on Wednesday 9 April:

11.1    Follow-ups from previous Environment and Services Committee meetings

11.2    Nimmo-Bell Alternative Investments Report

11.3    Karamu Characterisation Report

11.4    National Horticultural Field Days

11.5    QEII National Trust Presentation

11.6    Statutory Advocacy.

Graham/Beaven

CARRIED

HBRC Disaster Damage Risk Management Policy

1.     Background

This policy supersedes HBRC’s Disaster Damage Risk Management Policy adopted by Council in 2007, and subsequent decisions regarding this issue.

This review (March 2014) has confirmed that HBRC continues to face considerable ongoing financial risk from a natural disaster event.

This policy deals specifically with disaster damage risks to HBRC owned or administered infrastructure assets, and the requirement for HBRC to respond to an event that causes major disruption to the community.

In addition to its role as the manager of flood control and drainage schemes throughout the region, HBRC will play a significant role in any response as a result of its civil defence responsibilities including resourcing to the civil defence emergency coordination centre, and the provision of reconnaissance and hazard information to input to the response planning and decision making. There may also be a significant cost in securing information and data arising from the event, especially a flood event. Significant flood events provide a valuable source of data to enable verification of models and assumptions made as part of HBRC staff flood hazard assessment and flood control and drainage activities.

HBRC may qualify for Central Government assistance for the reinstatement of HBRC infrastructure assets in the event of a disaster however such assistance is more likely to be forthcoming following a significant disaster affecting the Heretaunga Plains. Central government assistance is less likely to be available for a disaster event impacting a small portion of the region.

While HBRC should meet the expectations of central government by implementing this policy, HBRC acknowledge that central government and LAPP funding may not be available to cover the costs of every disaster. This policy also makes some provision to cover that risk.

2.     Financial Risk Management Initiatives

HBRC will mitigate its financial risk associated with a disaster event. The following will make up HBRC risk mitigation approach.

2.1   Disaster damage to Council-owned fixed assets

·   Insurance policies will be held with appropriate indemnity or replacement value cover; and

·   Assets will continue to be effectively maintained.

2.2   Disaster damage leading to Third Party liability

·   The employment of suitably qualified and experienced staff and robust decision making processes.

·   Appropriate and relevant HBRC policy and sound technical practices for maintaining HBRC assets thereby minimising any exposure through negligence.

·   An insurance policy will be held to cover this risk.

2.3   Disaster impact on Council’s Business Continuance Capability

·   A Business Continuance Plan will be maintained and regularly updated which contains specific actions and ongoing requirements to help check systems to enable HBRC to continue to operate after a disaster.

2.4   Sound maintenance of infrastructure assets

·   Infrastructure assets will be maintained in accordance with asset management plans.  This will include an annual programme of maintenance and a regular assessment of asset condition.

·   Where feasible and economic this may include improvements to increase asset resilience to damage from a natural disaster.

2.5   Use of surplus operating funds and reprioritisation of maintenance and capital works

·   Following any disaster event the first call to fund the reinstatement costs of infrastructure assets will be any surplus operating funds held by the Scheme under which the assets are administered.

·   The second call will be through the reprioritisation of the maintenance or capital expenditure programme for that Scheme.

·   Scheme depreciation reserves will only be utilised where a depreciable asset requires replacement, in which case the difference between the depreciated value of that asset and its replacement cost can be sourced from the relevant depreciation reserve.  Note that if the new asset results in an increase in the level of service provided by the Scheme, the difference between the cost of the new asset and the replacement cost of the current asset will be a cost on the Scheme.

·   Only after these options have been fully assessed and funding from these sources committed, will Council agreement to funds from other financial reserves being drawn on be sought. 

2.6   HBRC held financial reserves

·   Financial reserves will be held to mitigate HBRC’s financial exposure to natural hazards.  The following reserves will be held by HBRC

o The Wairoa District Flood Reserve

o The small schemes disaster reserve

o The Heretaunga Plains Schemes disaster reserve

o The Regional Disaster Reserve

2.7   Membership of LAPP

·   HBRC will maintain its membership of the Local Authority Protection Programme (LAPP) and meet the requirements of LAPP.

2.8   Maintain proper planning for risk management

·   In order to comply with the criteria set out in the National Civil Defence Emergency Management Plan, HBRC will maintain proper planning for risk management.  Implementation of this policy will demonstrate this.

3.     Criteria for Contributions and Withdrawals From Reserves

Criteria for contributions and withdrawals from these reserves are:

3.1   The Wairoa Flood Reserve

The reserve will be managed such that the capital purchasing power of the reserve sum, less any capital authorised to be withdrawn from the reserve by HBRC, shall be maintained by increasing the reserve each year by 2.5% from interest earned by the reserve.

The balance of interest earned by the reserve shall be used to subsidise work undertaken through the Wairoa Rivers and Streams Scheme to manage and reduce flood risk to public and/or community infrastructure within the Wairoa District.

Council may authorise capital sums to be drawn from the reserve to undertake specific major flood mitigation or erosion protection projects within the Wairoa District or for flood recovery works in the same area.

3.2   The Small Schemes Disaster Reserve

The small schemes disaster reserve shall provide for the following flood control and drainage schemes:

·   Upper Tukituki Flood control scheme

·   Upper Makara flood control scheme

·   Paeroa Scheme

·   Porangahau flood control Scheme

·   Poukawa Drainage Scheme

·   Ohuia – Whakaki Drainage Scheme

·   Esk River flood control Scheme

·   Whirinaki Flood Control Scheme

·   Maraetotara River Control Scheme

·   Kopuawhara Flood Scheme

·   Te Ngarue River Control Scheme

·   Opoho Scheme

·   Kairakau Community Scheme

The following assets within the Wairoa Rivers and Streams Scheme:

o Tawhara Flood detention dam and outlet channel

o Tuhara Drain

o Nuhaka Railway Drain

The reserve shall be made up of all of the current Scheme disaster reserves held by each of the above Schemes.  As at 30 June 2013 the combined balance was $680,768.

Each Scheme will contribute annually to the reserve in proportion to the value of Scheme assets, the vulnerability of the scheme assets (vulnerability factor) and the vulnerability of the Scheme (scheme factor). Annual contributions will be calculated as follows.

(Value of asset class) x (vulnerability factor) x (scheme factor)/1000

All Schemes with no assets, e.g. Te Ngarue and Porangahau shall contribute a fixed amount of $20 per km, x a scheme vulnerability factor, of river channel under the Scheme.

Annual contributions shall be made to the reserve as set out in Table 6 each year that the reserve balance is below the LAPP excess (i.e. currently $1,259,000).  Interest earned by the reserve shall be credited to the reserve. Annual contributions may increase each year in accordance with inflation.

When the reserve balance is above the LAPP excess the Group Manager Asset Management and Group Manager Corporate Services may agree to a discount on the annual contribution from each scheme. No annual contributions from schemes will be made if the reserve balance is in excess of 2 times the LAPP excess. If the reserve is over 2.5 times the LAPP excess the Group Managers may agree to return money from reserve income to the Schemes.

At Council discretion individual schemes will be eligible to draw up to 100 times their annual contribution from the reserve, provided the reserve holds adequate funds.

The following costs may be eligible for payment from this Reserve.

·   The cost of reinstatement of assets identified on the LAPP asset schedule, or their replacement with alternative assets that will reinstate a similar level of service provided by the original assets, less any provision held within the Scheme depreciation fund for reinstatement of that asset, up to a maximum of the LAPP excess or central government threshold, whichever is the greater.

·   The cost of repair works within a scheme area (excluding district wide schemes).  Eligible repair works may include channel works which improve flood flow capacity, bank protection works where this work will assist in protecting a residential dwelling (however this could be subject to a contribution from the building’s owner to recognise any private good, and may be subject to the owner providing details of other insurance claims made or received), or any other works subject to Council approval. The Reserve will not be used for the purchase of land. Where land upon which an asset has been sited is lost, the asset should be relocated.

3.3   The Heretaunga Plains Scheme Disaster Reserve

The Heretaunga Plains Schemes disaster reserve shall provide for the following flood control and drainage schemes.

·   The Heretaunga Plains Scheme – Rivers

·   Napier Meeanee Drainage area

·   Brookfields Awatoto Drainage area

·   Pakowhai Drainage area

·   Muddy Creek Drainage area

·   Haumoana Drainage area

·   Karamu and Tributaries Drainage area

·   Raupare Twyford drainage area

·   Tutaekuri-Waimate Drainage area

·   Puninga Drainage area

The reserve shall be made up of all of the current Scheme disaster reserves held by each of the above Schemes. As at 30 June 2013 the combined balance was $1,799,022.

Each Scheme will contribute annually to the reserve in proportion to the value of Scheme assets, the vulnerability of the scheme assets (vulnerability factor) and the vulnerability of the Scheme (scheme factor). Annual contributions will be calculated as follows:

Value of asset class x vulnerability factor x scheme factor/1000.

Annual contributions shall be made to the reserve as set out in Table 7 at any time that the reserve balance is below the LAPP excess. (i.e. currently $1,259,000).  Annual contributions may increase each year in accordance with inflation.

When the reserve balance is above the LAPP excess the Group Manager Asset Management and Group Manager Corporate Services may agree to a lesser amount being contributed from each scheme or a contribution from this reserve being made to the regional disaster reserve.  No Scheme contributions will be made if the reserve balance is in excess of 1.5 times the LAPP excess.  If the reserve is over 2.0 times the LAPP excess the Group Managers may agree to return money from the reserve income to the Schemes.

At Council discretion individual schemes will be eligible to draw from the reserve up to 100 times their annual contribution from the reserve, provided the reserve holds adequate funds.

Withdrawal from the reserve will only be considered after consideration of deferment of routine annual maintenance and programmed capital works. Any payments from the reserve shall be at the discretion of Council.

The following costs may be eligible for payment from this Reserve.

·      The cost of reinstatement of assets identified on the LAPP asset schedule, or their replacement with alternative assets that will reinstate a similar level of service provided by the original assets, less any provision held within the Scheme depreciation fund for reinstatement of that asset, up to a maximum of the LAPP excess or central government threshold, whichever is the greater.

·      The cost of repair works within a scheme area. Eligible repair works may include channel works which improve flood flow capacity and bank protection works, however where this work will assist in protecting a residential or commercial building this may be subject to the owner providing details of other insurance claims made or received and agreeing to an appropriate contribution, or any other works subject to Council approval.

3.4   The Regional Disaster Reserve

This reserve is to be managed such that the value of its investments (including any cash) remains within the range of $2.75m - $3.75m and that its investments exceed $3.75m in value and some investments may be sold and the proceeds credited to Council’s general funding operating account.

A return of 2.5% on average balance held by the reserve during the year will accrue as an increase in the value of the reserve, when the Reserve has a value in excess of $3M.  The earnings in excess of the 2.5% per annum will be credited to Council’s general funding operating account.

The regional disaster reserve may, at Council discretion, provide for the following.

a.     The cost of responding to and managing an event. This could include:

·     Unbudgeted staff time

·     Plant and equipment hire including helicopters

·     Employment of unbudgeted external resource to support staff in the response.

b.    The cost of reinstatement of any uninsured assets. This includes recreational assets that are not part of a flood protection and drainage Scheme, i.e. pathways and associated assets that are not constructed on a stopbank, and assets within open space areas.

c.    Any difference between the deductable (excess) on any insurance or LAPP policy and the threshold for eligibility for central government assistance, which is unable to be funded through Scheme disaster Reserve or other funds.

d.    Any unfunded reinstatement costs above the excess of any insurance policy and the threshold for eligibility for central government assistance because central government determines that HBRC is not eligible for central government assistance because the disaster does not trigger the criteria set out in the Guide to the National Civil Defence Plan, and/or LAPP is unable to provide cover for whatever reason.

e.    The possibility of the cost of reinstating the level of service provided by the assets costs considerably more than their estimated replacement or optimised replacement value, and central government and/or HBRC’s insurers refuse to cover a portion of that cost.

f.     The cost of any works that are considered betterment but are necessary to reinstate community protection, or because the community demands a higher level of protection.

g.    Liability as a member of LAPP in the event that the LAPP fund is exhausted.

4.     Criteria for the Build Up, Use and Maintenance of Disaster Damage Insurance Excess Reserves

·   Reserves will always be a funding call of last resort e.g. if priorities can be re-established to cover the expenditure, or if unbudgeted income is received these sources of funds will be used.

·   All efforts will be made to maximise any disaster recovery contributions from Central Government or any other sources.

5.     Provision to Meet Disaster Damage Insurance Excesses and Commitments

5.1   Regional Disaster Reserve

The required reserve will be managed in accordance with HBRC’s investment policies.

5.2   Flood and Drainage Schemes

The Group Manager, Asset Management and Group Manager Corporate Services have delegated authority to manage the Small Scheme disaster reserve and the Heretaunga Plains Scheme Disaster reserve in accordance with HBRC’s investment policy.

6.    Frequency of Disaster Damage Risk Management Reviews

Reviews will be carried out at least once every six years.

 

 

9.

Recommendations from the Corporate and Strategic Committee

 

Councillor Debbie Hewitt, as Chairman of the committee, provided an overview of the recommendations from the Corporate and Strategic Committee held on 16 April.

In response to a query, Mrs Lambert explained that the comments from Councillors in relation to the plan for public consultation on the Ruataniwha Water Storage Proposition had been taken on board by staff and that the recommendation from the committee deals specifically with the funding for the Special Consultative Process.

In relation to a review of Standing Orders, Mrs Lambert reiterated the discussion that had taken place at the Committee meeting which covered staff and councillor workloads and the options presented, to either undertake a full review beginning in July or to continue to amend the Standing Orders as the need arises. In that regard, the ‘consultation with Councillors’ has not been undertaken as a full review has not been initiated.

RC9/14

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.

Primary Producer's Roundtable - Councillor Representative

2.      Appoints two Councillor representatives to the Hawke’s Bay Primary Producers Round Table; being Councillors Rex Graham and Fenton Wilson.

RWSS Evaluation - Operating Position and Rates Impacts

3.      Recommends to HBRIC Ltd that it continues to negotiate with investors regarding the timing of draw downs.

Draft Ruataniwha Water Storage Scheme Investment Statement of Proposal

4.      Approves the content of the draft Statement of Proposal covering the proposed investment in the Ruataniwha Water Storage Scheme, subject to receipt of a satisfactory business case independent review report and subject to any additions and amendments sought at the Corporate and Strategic Committee meeting.

Ruataniwha Water Storage Proposition Consultation

5.      Approves the expenditure of $50,000 from Project 876 (Unspecified Projects) for the Ruataniwha Water Storage Proposition Consultation if Council decides to recommend investment in the Scheme.

Review of Standing Orders

6.      Continues to amend the New Zealand Standard NZS 9202:2003 Model Standing Orders for meetings of Local Authorities and Community Boards as the need arises.

 

7.      Notes that the following reports were received at the Corporate and Strategic Committee meeting:

7.1       Follow-ups From Previous Corporate and Strategic Committee Meetings

7.2     Environmental Protection Authority Board of Enquiry Draft Decisions on Plan Change 6 and RWSS Consents

7.3     Deloitte Peer Review of HBRIC Ltd RWSS Business Case - Interim Report

7.4       RWSS Evaluation - Operating Position and Rates Impacts

Hewitt/Scott

CARRIED

 

10.

Adoption of the RWSS Investment Statement of Proposal for Public Consultation

 

Mrs Lambert introduced the item and reiterated previous Council decisions and resolutions and the dates those were made in relation to the process. Mrs Lambert also referred to a letter (tabled) from the Office of the Auditor General, dated 29 April 2014 and addressed to Tom Belford, which states:

“We note that Council decided on 31 October 2012 that it would not make an investment commitment to the Ruataniwha Dam project until a number of steps had been taken, including a further special consultative procedure. Completion of all of these steps, or criteria, is intended to lead Council to a position where it can make a well-informed investment decision. This means that a number of processes are running in parallel, with the result that community consultation will take place while some questions are still unresolved.”

Mrs Lambert provided an overview of the various reports and documents Council has considered throughout this process, leading up to entering into the Special Consultative Procedure to seek input from the community.

Discussion and questions covered the timing of the Deloitte peer review, the Special Consultative Procedure being one element of the six-part investigations that Council will consider when deciding whether or not to invest, as well as Conditions Precedent needing to be met prior to any money changing hands at financial close, and that Council’s decision today was whether to initiate the public consultation phase and not a decision on whether or not to invest.

In relation to the content of the Statement of Proposal it was suggested that it needs to be ‘fit for purpose’ to inform submissions. It was further suggested that there are several questions that ratepayers want ‘answered’ in the Statement to fulfil that requirement. Those questions were determined to be:

1.      How much money is being invested? What is the return? Is it fair in relation to other investors?

2.      What environmental issues does this solve or create?

3.      What benefits will this project generate for Hawke’s Bay?

4.      What risks are there that this might not work?

5.      Under what circumstances will HBRC proceed with investment?

6.      What are contingency risks/liabilities for ratepayers?

There was a suggestion that a glossary of terms and/or list of acronyms be included.

Mrs Lambert explained that if Council votes to initiate the Special Consultative Procedure, public notice will be in newspapers tomorrow  and first public information will be appearing in print on Saturday. Following amendment from this meeting, it’s expected that the Statement of Proposal and Summary will be ready for distribution early next week.

The meeting adjourned at 10.30am and reconvened at 10.45am

Discussions in relation to:

1.     How much money is being invested? What is the return? Is it fair in relation to other investors?

The HBRC investment is up to $80M for capital, which includes what’s already been spent. Ongoing operational expenses will be met by the company that owns the infrastructure (Ruataniwha Water Limited Partnership), of which HBRIC Ltd will be approximately 1/3 shareholder. Frame the explanation of the ‘returns’ for Council in a clear, understandable way – which for Council include social, economic and environmental returns in addition to commercial returns. Suggest may be able to use excerpt from the HBRIC Ltd Statement of Intent. Include the rate of return at full uptake and explain the ‘return to Council (public) ownership’.

2.     What environmental issues does this solve or create?

Suggested that they are covered, but ensure ‘flushing flows’ included in the full statement. There was some discussion around the Plan Change 6 nutrient limits for phosphorous and nitrogen in the BoI draft decision and the workability of the draft decision for the RWSS.

3.     What benefits will this project generate for Hawke’s Bay?

There was discussion around the more recent growth, GDP and employment figures provided by Nimmo-Bell and whether the figures used in the Statement of Proposal should be the more conservative.

4.     What risks are there that this might not work?

The risks and how HBRIC Ltd has addressed mitigating those are considered to be sufficiently covered.

Councillor Barker left the meeting at 11.30am

5.     Under what circumstances will HBRC proceed with investment?

Covered under the conditions precedent section. Suggestion to include a question: Will it work? Suggestion that target (provisional) date for Financial Close be included.

6.     What are contingency risks/liabilities for ratepayers?

Can the risks be quantified? Investor risks need to be acceptable to the investors themselves. There are always going to be commercial risks in any business. Suggested the biggest risk is slower uptake (beyond the 40 million m3 threshold).

There was discussion covering ‘financial close’ and whether a specific date should be assigned. It was clarified that ‘financial close’ is when all the conditions precedent are met, and not the date when Council makes its decision on whether to invest. Council’s  decision date is one of the milestone dates that leads up to Financial Close.

Councillor Barker re-joined the meeting at 11.45am

It was suggested that the Risks section include the risk of early exit by the Crown and what that might mean financially.

Mrs Lambert noted that amendments to the full Statement would flow through to the Summary, and gave an undertaking to circulate the final version to Councillors for their feedback prior to publication.

RC10/14

Resolution

1.      That Council adopts the Summary of Statement of Proposal and the Statement of Proposal, as amended, covering the proposed Hawke’s Bay Regional Council investment of up to $80 million in the Ruataniwha Water Storage Scheme and approves these as the basis for public consultation to be undertaken under the Special Consultative Procedure provisions of the Local Government Act 2002.

Scott/Hewitt

For: Dick, Hewitt, Graham, Scott, Pipe, Beaven, Barker, Wilson

Against: Belford

CARRIED

 

 

11.

HBRIC Ltd RWSS Budget Reforecast

 

Mr Newman outlined the rationale for HBRIC Ltd reforecast budget requirements through to 30 June 2014, which are primarily the result of internal staff time involved in the EPA process, work associated with analysis and negotiation of the Design & Construction contract, and increased level of costs levied by the EPA for hearing costs as the consent applicant.

There was discussion of the level of public good provided, and whether Council should be paying those costs rather than HBRIC Ltd. It was further suggested that council be provided with a budget reflecting the expenditure on the EPA process.

It was reiterated that the additional $2M being requested by HBRIC Ltd is included in the HBRC investment of up to $80M.

Mr Caldwell explained the process of HBRC staff time being billed to HBRIC Ltd, and the impact of the additional expenditure on the rate of interest Council will receive.

An outline of projected HBRIC Ltd budgets over the period 30 June to 30 September was requested, along with indications of whether any additional unbudgeted expenditure is expected to require further requests to HBRC for more advances.

There was additional discussion about identifying HBRIC Ltd specific and HBRC specific costs associated with the Plan Change 6 and RWSS hearing processes in order to properly attribute costs to where they lay.

RC11/14

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.      Makes an advance to HBRIC Ltd of $2,000,000 to cover the costs which will cover the period until financial close on the Ruataniwha Water Storage Scheme. These advances will cover HBRIC Ltd’s costs in relation to costs associated with Plan Change 6.

3.      Notes that the advance to be paid to HBRIC Ltd as set out above has been provided for in HBRC’s Long Term Plan 2012-22

4.      Notes that:

4.1.      a substantial portion of the increased costs in the RWSS budget reforecast are in relation to Council’s Plan Change and that as part of the EPA Process that the applicant is obliged to pay.

4.2.      the additional budget provision will form part of Council’s total investment quantum in the RWSS should the project proceed.

4.3.      HBRIC Ltd have received the relevant RWSS resource consents.

4.4.      there is good momentum in water uptake discussions post the draft Board of Inquiry decision.

4.5.      the confirmed water uptake of 40M cubic metres is essential to making progress in confirming the capital raising, and thus HBRIC Ltd should continue with the water uptake process during the period between draft and final decisions of the Board of Inquiry.

 

5.    Requests that HBRIC Ltd identifies the true cost of the application for Plan Change 6 and advises Council of the amount of the deficit that HBRIC Ltd has been funding.

Dick/Scott

CARRIED

 

The meeting adjourned at 12.30pm and reconvened at 1.05pm with Mr Mohi absent

 

12.

Draft HBRIC Ltd 2014-15 Statement of Intent

 

Mrs Lambert introduced the paper, which has been provided to give councillors an opportunity to continue discussions (from the 26 February meeting) and put forward suggestions for amendment to HBRIC Ltd.

There was discussion about when the ‘interim’ Transition Board would be replaced with the permanent board, and suggested that the SoI be amended to include the RWSS financial close target date to reflect Council’s intention that the Transition Board continue until RWSS is ‘settled’ and the SPV established (if the investment goes ahead).

In terms of Strategic Planning, it was queried whether a plan further ahead than 2-5 years should be the performance target. It was explained that the Council’s investment strategy would be reviewed during development of the 2015-25 Long Term Plan and may then require HBRIC Ltd to amend its longer term strategy to achieve Council’s objectives.

A consideration would need to be made, about the right mix of skills on the Permanent HBRIC Ltd Board ‘after’ RWSS. It was suggested that Council needs to make a specific decision to extend the term of the Transition Board if that is what it wants, and then proceed with the appointments process for the Permanent Board.

It was reiterated that the role of HBRIC Ltd was ‘managing’ Council’s investments, including all operational aspects of those for Council. HBRIC Ltd reports subsidiary companies’ results to Council, and the same applies to their Statement of Intent and “matters of material importance” to the shareholder.

There was a suggestion that the Port of Napier Limited (Napier Port) section of the SoI be amended by deleting the words ‘a majority of’ from the sentence “Council’s strategic objective is for HBRIC Ltd to continue ...” in the second paragraph under the section heading.

RC12/14

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.      Receives the HBRIC Ltd Draft Statement of Intent.

3.      Undertakes to provide any comments on the Draft SOI to HBRIC Ltd by 1 May 2014 (LGA Sch8 cl3) to enable delivery of the completed Statement of Intent to Council on or before 30 June 2014.

Barker/Scott

CARRIED

 

13.

Annual Plan 2013-14 Progress Report for Nine Months Ending 31 March, including Reforecasting

 

Mr Manton Collings provided an overview of the accounts and the detail of reforecast costs, including in the Flood Risk, Sister City, Regional Groundwater Research and RLS projects.

It was confirmed that there would be additional cost associated with expert advice on implementation of the Plan Change 6 decisions, both for HBRIC Ltd and HBRC.

Mr Adye provided an explanation of the unfavourable variance for the Makara Dam project, and also the Upper Tukituki scheme capital works.

Mr Adye advised that all parties to the Dalton Street Building Remediation case have agreed to mediation and that the case may be resolved by the end of this financial year.

It was noted that the intent is to target Clean Heat efforts, including marketing, in the Hastings airshed to address the number of exceedences of the NES. Mr Maxwell advised that a Compliance monitoring report will be brought to Council at the end of the financial year, reporting on the effectiveness of Council’s compliance projects.

Mr Adye explained the implications of gravel extraction on the flood protection schemes and what is being done to compensate for decreased commercial gravel extraction, particularly Makaretu and Tukituki as well as discussions with Upper Tukituki ratepayers in relation to a possible rating classification review.

Councillor Dick was excused at 2.30pm

Some discussion occurred surrounding the Research & Development funding granted through the Economic Development project, the performance measure relating to Council’s monitoring its carbon emissions as a measure of increasing the community’s resilience to climate change and the solar hot water proposition.

Further discussion covered resource consents granted for dams, the costs associated with getting a resource consent to build a dam, as well as funding for building and maintenance of bus shelters through NZTA and ongoing plant and argentine ant pest control and destruction programmes.

It was suggested that HBRC may want to formalise the relationship with EIT, should the RWSS go ahead, as a strategic partnership.

RC13/14

Resolution

1.         That Council receives the Annual Plan Progress Report for the first Nine Months of the 2013-14 financial year including reforecasting.

Scott/Beaven

CARRIED

 

14.

Monthly Work Plan Looking Forward Through May 2014

 

Mrs Lambert advised that the Local Government Commission has confirmed one day of the hearings for the Reorganisation proposal will be held in the HBRC Council Chamber on Tuesday, 13 May, and that the upcoming RWSS consultation dates will be added into the Council calendar.

Ms Codlin, in response to a query, updated Council on the status of Plan Change 5 mediation of appeals, advising that mediation was completed and follow-up actions are being reported to the Environment Court today. It is expected that there may be another round of mediation and if there are still some matters unresolved, the may also be a hearing.

In response to a query, the Chairman confirmed that those Councillors who had expressed an interest in attending the LGNZ conference would be registered and details confirming that would be sent out to them.

RC14/14

Resolution

1.      That Council receives the Monthly Work Plan Looking Forward Through May 2014 report.

Scott/Graham

CARRIED

 

15.

Chairman's Monthly Report

 

The Chairman tabled his report before responding to queries and expanding on details of meetings, including the Six Nation Hockey Tournament at the Regional Sports Park, the Ballance Farm field day in Gisborne and the Annual Plan consultation meetings in Hastings (4 members of the public), CHB (50 members of the public), CHG Greypower (with CHB Mayor, no support for Rail), Wairoa (oil exploration, kai tiaki & water quality) and Napier (same issues as last year – Tourism).

RC15/14

Resolution

That the Chairman’s monthly report for April 2014 be received.

Hewitt/Graham

CARRIED

 

16.

Minor Items Not on the Agenda

 

Councillors Hewitt and Pipe attended a community meeting (invite sent to local businesses) in CHB last night, hosted by local farmers (Hugh Richie, Will Foley, Phil King, Graeme Anderson, Gerry Greer & Richard Daykins) which 25-40 people attended, about the RWS dam project process and the stories and challenges associated with it.

 

17.

Hawke's Bay Regional Investment Company Draft 2014-15 Statement of Intent

 

This item was dealt with entirely in open session.

 

18.     Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 26 March 2014

RC16/14       That Council excludes the public from this section of the meeting, being Agenda Item 18 Confirmation of the Public Excluded Minutes of the Regional Council meeting held on 26 March 2014 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Confirmation of the Public Excluded Minutes of the Regional Council meeting held on 26 March 2014

7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

 

Pipe/Scott

CARRIED

Resolution

RC17/14     The Public Excluded Minutes of the Regional Council Meeting held on Wednesday, 26 March 2014, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/Pipe

CARRIED

19.     Matters Arising From the Public Excluded Minutes of the Regional Council Meeting Held on Wednesday 26 March 2014

There were no matters arising.

 

Resolution

RC18/14       That the meeting moves out of public excluded session.

Graham/Scott

CARRIED

 

The meeting went into public excluded session at 3.10pm and out of public excluded session at 3.15pm

 

Closure:

There being no further business the Chairman declared the meeting closed at 3.15pm on Wednesday, 30 April 2014.

 

Signed as a true and correct record.

 

 

 

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