Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

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

There were no apologies nor notices.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 27 August 2014

Resolution

Minutes of the Regional Council Meeting held on Wednesday 27 August 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

4. Matters Arising From Minutes of the Regional Council Meeting Held on 27 August 2014

There were no matters arising from the minutes.

Follow-ups From Previous Council Meetings

Mrs Lambert provided an update on the status of each of the items on the follow-ups list. Mrs Lambert also clarified that the Members Interests Register is for pecuniary as well as non-pecuniary interests. Non-pecuniary interests are to be provided for transparency including when elected representatives are involved in community or interest groups with responsibility more than general membership, such as Chairman, Treasurer or similar.

RC2/14

Resolution

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

Beaven/Scott

CARRIED

Call for Any Minor Items Not on the Agenda

Cr Graham – off-site meetings

Cr Belford – HBRIC Ltd

Cr Scott – new MP

Cr Scott – Oil & Gas in Ahuriri

Affixing of Common Seal

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

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 587

DP 2497

CT 55/132

- Agreement for Sale and Purchase

1.1.2 Lot 131

DP 13096

CT E3/528

- Agreement for Sale and Purchase

- Transfer

1.1.3 Lot 10

DP 4488

CT 55/88

- Transfer

3799

3800

3801

3802

10 September 2014

RC3/14

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/Barker

CARRIED

Adoption of the Audited 2013-14 Annual Report

Mr Manton Collings explained that Audit required some amendments regarding revision of accrued interest and uncollected rates that positively affected the ‘bottom line’ for the Annual Report prior to giving their Unqualified Clearance, provided there are no significant changes from this meeting.

In response to a query, Mr Paul Drury explained that the statutory audit process is not contestable and cost approximately $90k this year, which was not significantly more than past audits.

Also in response to a query, Mr Adye provided an explanation of the process for ‘valuing’ stopbanks as assets.

In response to a query, Mr Drury explained that the (prevention of) Fraud Policy includes the operational processes and procedures to mitigate the risks such as insuring separation of functions.

Further discussion traversed Councillors particular concerns surrounding audit and fraud issues and procedures.

It was suggested that, for future annual reports, the CE & Chairman write separate introductions and that a ‘summary’ of the report is included to give readers an overview of the main achievements or issues to enable them to then delve into specifics of interest. There was further discussion on the language used in the report and how to be more ‘engaging’ for public reading.

RC4/14

Resolutions

1. Adopts the 2013-14 Annual Report, under Section 98 of the Local Government Act 2002, and authorises the Chairman and Chief Executive to sign the Annual Report on behalf of Council.

2. Amends the Council's Policy Handbook Section 2.2.2 to reflect the above resolution.

Scott/Pipe

CARRIED

Recommendations from the Maori Committee

Mrs Lambert explained that this paper formalises the recommendations from the Maori Committee, and Mr Mike Mohi provided additional context to those in relation to funding for marae upgrades, and proposals for scholarships and cadetships for upskilling Maori. There was a request for detailed funding information in relation to the request for commissioning the recording of Maori history in Pakowhai Park.

RC5/14

Resolutions

The Maori Committee recommends that Council:

Planning for the Development of the Next Long Term Plan 2015-25

2. Considers proposals from the Maori Committee as part of the Long Term Plan development process after they are finalised by a sub-committee of the Maori Committee.

Update on Karamu Enhancement Work

3. Commissions the recording of the Maori history of Pakowhai Park and the immediate area, and displays this history for public viewing in an appropriate manner as part of the park’s ongoing development.

Reports Received

4. Notes that the following reports were received at the Maori Committee meeting.

4.1. Follow-ups from Previous Committee Meetings

4.2. Mana Ake Iwi Management Plan

4.3. East Coast Hill Country Resilience Proposal

4.4. Update on Karamu Enhancement Work

4.5. Land Science Soil Quality Update

4.6. Kaitiaki Liaison Group Compliance

4.7. Statutory Advocacy Update.

Graham/Barker

CARRIED

10.

Recommendations From the Corporate and Strategic Committee

Councillor Hewitt, as Chair of the Committee, provided an overview of discussions at the meeting, making note of the Operations Group verbal presentation and ongoing reporting of its activities in future, the establishment of a Council Audit and Risk Committee and a Councillors’ workshop on the functions of such a Committee, as well as the Human Resources report.

There was a query about the Risk Register, and Mrs Lambert advised that this will most likely evolve through review by the Audit and Risk Committee. Mr Adye further explained that this is a ‘work in progress’ which will be progressed through the Audit and Risk Committee once established. It was suggested that the Committee may carry out a rolling review of individual risk issues over time.

Mrs Lambert noted that a workshop immediately following the October Regional Council meeting would specifically consider Audit and Risk Committee functions and form, along with a set of draft Terms of Reference which would then be further developed with Councillor input, for formal, public consideration at the November Corporate and Strategic Committee meeting.

RC6/14

Resolutions

That Council:

Significance and Engagement Policy

1. Adopts the Draft Significance and Engagement Policy, including amendments agreed at the 10 September Corporate and Strategic Committee meeting, for public consultation commencing 29 September.

2. Agrees that the following 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.

Strategic Priority Topics for Pre Long Term Plan Discussion Document

3. Approves the Engagement Plan for the Pre-Long Term Plan Discussion Document.

4. Approves the content of the Pre-Long Term Plan discussion document, as amended to include Councillor feedback provided at the 10 September Corporate and Strategic Committee meeting and subsequently approved for publication by the Chairman, for community consultation.

Top 10 Corporate Risks Assessment

5. Notes the top 10 risks facing Council.

6. Approves the risk mitigation approach to each of the 10 risk issues as set out.

7. Requests that HBRIC Limited better defines the risks associated with the assets under its control, and advises HBRIC Ltd that HBRC will request that a specific risk assessment and mitigation reporting procedure be included in the HBRIC Ltd 2015-16 Statement of Intent.

8. Agrees in principle to establish an Audit and Risk Committee and instructs staff to develop draft Terms of Reference, for consideration by a workshop prior to consideration at the Corporate and Strategic Committee at its meeting on 12 November 2014.

Regional Cycle Plan

9. Endorses the Terms of Reference for the Regional Cycle Plan Governance Group as received at the 10 September Corporate and Strategic Committee meeting.

10. Notes that the Governance Group agendas and minutes will be distributed to members of the Regional Transport Committee.

11. Confirms the appointment of Cr Christine Scott as the HBRC representative on the Regional Cycle Plan Governance Group.

Reports Received

12. Notes that the following reports were received at the Corporate and Services Committee meeting:

12.1 Follow-ups from Previous Corporate and Strategic Committee meetings

12.2 September 2014 Public Transport Update

12.3 Human Resources Update

12.4 Hawke's Bay Civil Defence and Emergency Management Group Plan

12.5 Minor Items Not on the Agenda

Hewitt/Dick

CARRIED

11.

Regional Marine Oil Spill Contingency Plan Approval

Mr Iain Maxwell provided an overview of the salient points of the paper, acknowledging the work of Lisa Pearse, HBRC Emergency Management Coordinator, in preparing the Oil Spill plan in conjunction with Maritime New Zealand.

Mr Maxwell explained, in response to queries, how an oil spill exercise is carried out, details of submissions received from Heritage New Zealand and the District Health Board, and the financial delegation provided to the Regional On-scene Commander. Mr Maxwell also explained the response that would address ‘other types’ of spills by the Pollution Response team.

Mr Maxwell also explained that staff in the organisation are trained in various aspects of spill response such as wildlife rescue, shore clean-up and the On-scene Commander role, and have experience dealing with spill incidents including the Jody F Millennium, the Rena and recently in the inner harbour and Port of Napier.

RC7/14

Resolutions

That Council:

2. Adopts the Regional Marine Oil Spill Contingency Plan for Hawke’s Bay (Tier 2 Plan) as approved by Maritime New Zealand on 14 August 2014.

3. Agrees that, notwithstanding the Council’s resolution under Section 2.1.4.1 of the Financial Delegations Policy, the Regional On-Scene Commander be delegated financial authority pursuant to Section 4 of the Public Bodies Contracts Act 1959 to expend up to $250,000 and that Team Managers may expend up to $5,000 in response to a Tier II event in accordance with the provisions within the Council’s Tier II Oil Spill Contingency Plan and subject to the provisions of the Maritime Transport Act 1994.

Scott/Barker

CARRIED

The meeting adjourned at 10.40am and reconvened at 10.55am

12.

Napier Port Amended Constitution

Mrs Lambert outlined the process that Napier Port underwent in amending its Constitution, with the intention of adopting the updated Constitution at its upcoming AGM. There were queries seeking clarification in relation to several clauses.

RC8/14

Resolutions

That Council:

2. Notes the updated Port of Napier Limited Constitution.

3. Receives the updated Port of Napier Limited Constitution and the suggested changes provided by Hawke’s Bay Regional Investment Company Limited.

Barker/Graham

CARRIED

13.

Proxy for the HBRIC Ltd Annual General Meeting

Mrs Lambert advised that the third AGM for HBRIC Ltd is scheduled on 6 October and that a proxy is required for voting as shareholder.

RC9/14

Resolutions

That Council:

2. Notes the date of the Hawke’s Bay Regional Investment Company Limited Annual General Meeting.

3. Agrees that the Chairman of Hawke’s Bay Regional Council, Mr Fenton Wilson, be appointed as Council’s proxy at the third Annual General Meeting of the Hawke’s Bay Regional Investment Company Limited to be held at 4.00pm on 6 October 2014, and to vote as proxy holder on behalf of the Council, and that the Deputy Chairman of the Hawke’s Bay Regional Council, Mrs Christine Scott, act as alternate.

Dick/Hewitt

CARRIED

14.

Collection of Rates

Ms Trudy Kilkolly provided an overview of the rates collected for the 2013-14 year. Mr Drury advised that the rates remission policies will be reviewed through the LTP process. Staff are currently going through a review process to determine whether debt collection may be better done in-house and considering shared service options. Further developments being considered including electronic rates billing.

RC10/14

Resolution

1. That Council receives the report on the collection of rates in 2013-14 and rate arrears as at 30 June 2014.

Beaven/Pipe

CARRIED

15.

Monthly Work Plan Looking Forward through October 2014

Mrs Lambert advised that the Regional Planning Committee meeting scheduled for 15 October will be a workshop starting at 10am, with the venue to be confirmed. The first meeting of the Coastal Hazard Strategy group held on 19 September was successful, with Councillor Beaven elected as Chair of that group and included discussion on the Terms of Reference for the group and the Reinen-Hamill report.

There was also discussion of isotope testing of groundwater to determine direction and time of groundwater travel for use in transport models; the recently drilled monitoring bore; the NCC application for a coastal protection structure at Whakarire Ave; the HBRC data available online on the LAWA site and alignment of BHB and TA economic development initiatives.

RC11/14

Resolution

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

Belford/Beaven

CARRIED

16.

Chairman's Monthly Report

The Chairman tabled his report and provided background detail in relation to the LGNZ sponsored session on Oil and Gas Royalties and the fieldtrip to Taranaki as well as the HB Intersector Leadership meeting.

It was noted that Councillor Scott attended the Mayoral Youth Forum on 4 September on behalf of the Chairman, at which discussions included child poverty and suggestions were made for local response and action options, such as setting up a social services hub near low decile schools. It was noted that Councillor Graham also attended part of the day.

RC12/14

Resolution

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

Wilson/Scott

CARRIED

17.

Minor Items Not on the Agenda

Item	Topic	Councillor / Staff
1.	Off-site (Dalton Street Council Chamber) meetings Keen for workshops and/or Committee meeting to be held in Wairoa, CHB or other locations.	Cr Graham
2.	HBRIC Ltd Query regular monthly meetings – normally at Council however this month there has not been sufficient activity to warrant a formal report. Query how questions from Due Diligence will be responded to – a date will be determined once all Councillors have been through the process, identified their questions, and are able to be present..	Cr Belford
3.	Briefing the MP Suggests that new MP for Napier be invited to meet with Chairman and local constituency councillors to be briefed on HBRC issues.	Cr Scott
4.	Oil & Gas in Ahuriri With reference to recent media coverage of NCC response and query how to ensure all councils in the region are up to date with developments and issues.	Cr Scott

18. Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 27 August 2014

RC13/14 1. 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 27 August 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 27 August 2014

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

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

7(2)(g) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to maintain legal professional privilege.

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

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

Scott/Pipe

CARRIED

Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 27 August 2014

RC14/14

Minutes of the Regional Council Meeting held on Wednesday 27 August 2014, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Dick/Scott

CARRIED

19. Matters Arising From the Public Excluded Minutes of the Regional Council Meeting Held on 27 August 2014

There was a suggestion in relation to the process for Council moving into Public Excluded session, and discussion of the matter arising was not deemed to remain in public excluded.

There were no further matters arising from the minutes.

Resolution

RC15/14 The meeting moves out of Public Excluded session.

Scott/Wilson

CARRIED

The meeting went into public excluded session at 12.25pm and out of public excluded session at 12.30pm

Closure:

There being no further business the Chairman declared the meeting closed at 12.30pm on Wednesday 24 September 2014.

Signed as a true and correct record.

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