MINUTES OF A meeting of the Regional Council
Date: Wednesday 17 December 2014
Time: 9.00am
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Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
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
T Skerman – Economic Development Manager
I Maxwell – Group Manager Resource Management
The Chairman welcomed everyone to the meeting and Councillor Pipe offered the prayer.
Resolution
RC13/14 That the apology for absence from Councillor Barker be received.
Graham/Beaven
CARRIED
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 26 November 2014
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Minutes of the Regional Council Meeting held on Wednesday, 26 November 2014, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record. CARRIED |
4. Matters Arising from Minutes of the Regional Council Meeting Held on 26 November 2014
In relation to pg 12 Minor Items Not on the Agenda, it was confirmed that a paper will go to an Environment & Services Committee meeting in the new year about resource consent applications for ‘bottling plants’.
In relation to Napier-Gisborne rail, the Chief Executive updated Councillors on development of the business case, and confirmed that work started immediately and is well under way to meet the tight timeframes.
There were no further matters arising from the minutes.
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Follow-ups From Previous Council Meetings |
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Ms Lambert provided an update on the status of the follow-ups from previous meetings. In relation to receiving notice of new resource consent applications received, Mr Maxwell advised that he was awaiting confirmation that Councillors had their @hbrc emails set up and having received that confirmation would commence emailing this information out each week. |
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1. That Council receives the report “December 2014 Follow-ups from Previous Council Meetings”. CARRIED |
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Call for any Minor Items not on the Agenda |
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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.
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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. CARRIED |
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17. |
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Mr Mike Mohi, Chairman of the Maori Committee provided feedback from the Committee, as requested via resolution by the Committee, on proposals put forward to be considered by Council through the LTP process and through the Big Six consultation. Committee members expressed disappointment that Council hasn’t committed to funding the proposals put forward by the Maori Committee through the Big Six process relating to senior management roles for Maori; Te Reo and Councillors availing themselves of opportunities to better educate themselves on Te Reo and the Treaty (recommends Councillors attend workshop with Robert Consedine); as well as funding scholarship (tawera) for Maori to upskill in areas of Resource Management and environmental studies. The Committee also received a presentation from Piri Prentice on the establishment of a statutory Ahuriri Estuary Management Committee. |
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That the Council receives the December Maori Committee update. CARRIED |
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Legal Review of RWSS Water User Agreement |
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Ms Lambert introduced Mr Tom Skerman, HBRC Economic Development Manager, who provided an overview of the commercial principles and structure of the Water User Agreement, including specific terms of the agreements, water priority regime, water supply protocols and provisions, and resource consent requirements. Mr Stuart Webster and Ms Lauren Hibberd, of Sainsbury Logan and Williams, provided a summary of the findings of the legal review. In response to queries, there was an explanation of the point (at 60 M m3) when indexing of the water price will begin and how HBRIC Ltd must comply with the resource consent conditions in relation to Farm Environmental Management Plans. There was further discussion about the clauses in the agreement relating to failure of HBRIC to supply water, the Letter of (Credit Support Arrangement) provisions and the circumstances where the Water User Agreement is held by a lessee or a landowner sells the land linked to a WUA. It was reiterated that Financial Close occurs when all conditions precedent have been met, and is not a specific date. There was discussion around how Council can make the provisions of the Water User Agreement and related explanations more visible to the public and a suggestion made to make Mr Skerman’s presentation and the SLW legal review available on the RWSS page on the HBRC website. |
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That Council: 1. Agrees that the decision to be made is 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. 2. Receives, and is satisfied with, the legal review of the Foundation Water User Agreement prepared by Stuart Webster of Sainsbury, Logan and Williams. CARRIED |
The meeting adjourned at 10.35am and reconvened at 1050am
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He Toa Takitini Post Settlement Governance |
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Mr Mohi welcomed He Toa Takitini (HTT), represented by Dr David Tipene-Leach (Chairman), Ms Liz Munro (Chief Negotiator), and Mr Peter Paku. HTT represents Ngati Kahungunu (includes {from North to South} Te Wairoa, Ngati Pahauwera, Ngati Hineuru, Maungaharuru Tangitu, Mana Ahuriri, Heretaunga Tamatea, Ngati Kahungunu ki Wairarapa Tamaki Nui a Rua and Rangitane) and covers 1.475M acres. This settlement will be 5th largest in the country and will be the largest of the Kahungunu settlements. Dr Tipene-Leach provided an overview of the key settlement planks, which include sustainable marae, education and Te Reo, river quality, economic development, key sites (Cape Kidnappers, Pukeora Forest, Lake Whatuma, Conservation reserves, name change to Heretaunga) and facility to invest in RWSS. Current priorities for He Toa Takitini are to establish the Post Settlement Governance Entity, to receive settlement money on account, complete settlement negotiations and prepare for post settlement. Dr Tipene-Leach went on to explain the three articles of the Treaty – Article 1 relating to sovereignty / kawana tanga; Article 2 Tino rangatiratanga over our whenua, kainga and other taonga; and Article 3 Rights and privileges as citizens of England. Ms Munro outlined the PSGE’s very robust and transparent election process that is being undertaken. |
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1. That the Council receives the He Toa Takitini Post Settlement Governance presentation. CARRIED |
Mr Mohi thanked He Toa Takitini for their presentation with a korero.
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Hawke's Bay Regional Planning Committee Bill |
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Ms Lambert explained that the Bill permanently establishes the Committee and establishes the key principles of membership. |
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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. Lodges a submission to the Maori Affairs Select Committee in support of the Hawke’s Bay Regional Planning Committee Bill. CARRIED |
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Recommendations from the Environment and Services Committee |
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Councillor Graham, Chairman of the Committee, provided an overview of discussions at the meeting. |
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The Environment and Services Committee recommends 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. East Coast LAB Project 2. Agrees to contribute $25,000 (from project 877-2395 (contributions)) toward assisting with the rebranding of the education room at the National Aquarium, including understanding tsunami risk, in collaboration with other partners involved in the mutli-agency East Coast LAB initiative. Petroleum Exploration Proposed Block Offer 2015 3. Agrees to forward the comments, with suggested amendments as approved by the Environment and Services Committee on 10 December 2014, to New Zealand Petroleum and Minerals on the proposed Block Offer 2015. Open Spaces - Individual Park Plans 4. Adopts the draft Individual Park Plans for Pekapeka, Pakowhai and Waitangi Regional Parks. Te Matau A Maui - Cape To City Project 5. Approves the funding of $1.5m, including $300,000 of staff time for project management, over the next five years from existing biosecurity budgets to implement Te Matau A Maui project. Feral Goat Management 6. Instructs staff to scope out the options and value of a Rule for managing the externality effects of feral goats within the region through the Regional Pest Management Plan review. Reports Received 7. Notes that the following reports were received at the Environment and Services Committee meeting. 7.1. Works Group Background and Financial Presentation 7.2. Twyford Global Consent Update 7.3. Central Hawke’s Bay Wastewater Treatment 7.4. Long Term & Integrated View of the Hawke's Bay Hill Country 7.5. Statutory Advocacy Update CARRIED |
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HBRIC Ltd Update |
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Mr Jim Scotland and Ms Danelle Dinsdale, HBRIC Ltd directors, Mr Andrew Newman, HBRIC Ltd CE and Mr Heath Caldwell, HBRIC Ltd Company Manager were present to provide the update. Mr Scotland and Mr Newman explained the steps involved in the uptake process and what it means in terms of getting to the stage of signing a Water User Agreement. As of today, the amount of water ‘in the contracting process’ sits at just under 22M m3. There was discussion of the BoI process for reconsidering the points referred back to it by the High Court and implications of further delays caused by that decision and possibly by the process the BoI decides to undertake. Staff understand that the Board will convene in early February 2015 to decide what process it will undertake to ‘reconsider’ the specific PC6 rule and RWSS resource consent conditions relating to Dissolved Inorganic Nitrogen. There was further discussion, and Mr Newman explained the process that irrigators go through once receiving the initial Water User Agreement from HBRIC Ltd as well as the regulatory requirements of the Farm Environment Management Plans, the RWSS resource consent conditions and how those need to meet the Plan Change 6 provisions. In response to a query, Mr Newman explained that the hydrological evidence presented to the Board of Inquiry was provided by experts at Tonkin and Taylor and accepted through the BoI process as being accurate. Mr Caldwell provided an overview of the financial position of HBRIC Ltd. |
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1. That Council receives the “HBRIC Ltd and RWSS December 2014 Update” report. CARRIED |
The Chairman vacated the Chair and left the meeting at 12.45pm
Deputy Chairman Scott assumed the Chair
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Monthly Work Plan Looking Forward Through January 2015 |
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The paper was taken as read, with the exception of a query in relation to CHB wastewater treatment, to which Mr Iain Maxwell advised that staff will be travelling to CHB early next week to look at recent infrastructure upgrades at the plant which it is hoped will improve treatment standards. |
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1. That Council receives the Monthly Work Plan Looking Forward Through January 2015 report. CARRIED |
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Chairman's Monthly Report |
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The report was taken as read. |
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That the Chairman’s monthly report for December 2014 be received. CARRIED |
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Minor Items Not on the Agenda |
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Confirmation of the Minutes of Public Excluded Meeting Held on 26 November 2014 |
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That the Council exclude the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 16 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:
CARRIED |
16. Confirmation of the Minutes of Public Excluded Meeting Held on 26 November 2014
RC26/14 Resolution
Minutes of the Regional Council Meeting held on Wednesday, 26 November 2014, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.
Hewitt/Graham
CARRIED
Matters Arising from the Public Excluded Minutes of the Meeting Held on 26 November 2014
There were no matters arising.
RC27/14 Resolution
That the meeting moves out of public excluded session.
Pipe/Beaven
CARRIED
The meeting went into public excluded session at 12.48pm and out of public excluded session at 12.50pm
Closure:
There being no further business the Chairman declared the meeting closed at 12.50pm on Wednesday 17 December 2014.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................