Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

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

The Chairman advised that Decision Item 11 would be considered right after item 7 to allow for the Chief Executive to appear before the Maori Select Committee.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 28 January 2015

RC1/15

Resolution

Minutes of the Regional Council Meeting held on 28 January 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Dick/Scott

CARRIED

4. Matters Arising from Minutes of the Regional Council Meeting Held on 28 January 2015

In relation to item 16 High Court Decision – Tukituki Plan Change 6 and the 8 principles underpinning the submission to the Board of Inquiry, concerns were raised about the wording of a submission point relating to the use of MCI as an indicator of ecological health triggering the need for a resource consent. The amount and level of detailed information available to Councillors at the time, in particular any draft version of the submission itself was questioned. It was reiterated that the original intention was to consider the item in Public Excluded so that legally privileged information could be shared with Councillors, but given the decision for the item to be discussed in open session the information discussed excluded legally privileged detail. This was explained to the Councillors at the time.

There were no further matters arising from the minutes.

Follow-up Items from Previous Regional Council Meetings

Mr Maxwell provided an update on the Mussel Farm consent; advising that the consent is considered to have been exercised and that the consent holder has indicated no intent to surrender the consent. Mr Maxwell also advised, in response to a query, that there has been nothing further to a ‘threat to sue’ Councillors in relation to the CHB wastewater treatment plant. He also confirmed that a more detailed update will be provided to the Environment & Services Committee on the treatment systems’ compliance since entering a formal legal process of the Abatement Notice served on CHB by Council.

RC2/15

Resolution

1. That Council receives the report “Follow-up Items from Previous Regional Council Meetings”.

Scott/Beaven

CARRIED

Call for any Minor Items Not on the Agenda

Resolution

That Council accepts the following minor items not on the Agenda, for discussion as Item 16:

(Cr Belford) Bottled water

(Cr Belford) Cows in the Tukituki

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 128

DP 13055

CT E2/1297

- Agreement for Sale and Purchase

1.1.2 Lot 83

DP 13055

CT 279074

- Agreement for Sale and Purchase

1.1.3 Lot 27

DP 6391

CT E2/442

- Agreement for Sale and Purchase

1.1.4 Lot 41

DP 4488

CT 55/141

- Agreement for Sale and Purchase

1.1.5 Lot 128

DP 13055

CT E2/1297

- Transfer

3824

3825

3826

3827

3828

26 January 2015

4 February 2015

13 February 2015

16 February 2015

18 February 2015

1.2

Subvention Agreement

Port of Napier Limited

3823

18 December 2014

It was queried, how many of the sales were for cross lease properties or single lease.

RC3/15

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/Dick

CARRIED

11.

Establishment of the Permanent Hawke's Bay Regional Investment Company Board

Mrs Lambert updated the Councillors on the legal advice received in response to queries raised when this item was previously considered on 28 January relating to conflict of interest and Council decision making options, as well as cost implications. Mrs Lambert also drew attention to the legal advice attached, from Stuart Webster in 2013, relating to real and perceived conflict of interest, and pre-determination issues for Councillor Directors. There was discussion about the options in relation to when Financial Close might be reached for RWSS, options for dealing with perceived conflicts of interest for Councillor directors and delaying appointing a permanent board until after Financial close is reached.

Mrs Lambert introduced Lauren Hibberd, Sainsbury Logan and Williams, to respond to queries in relation to the Conditions Precedent for RWSS, setting up any subsidiary of HBRIC Ltd, and the decision making implications for Councillor Directors. Actual conflict may be avoided by abstaining from voting, however a perception of conflict may still occur. A greater degree of certainty would be had if a Councillor Director left the room and took no part in the decision making process, leaving the decision entirely to the independent directors on the Board.

It was reiterated that the recommendation today is to set an establishment date for the Permanent Board and not about any options that may be considered should Financial Close not be reached prior to the establishment of that Board.

Mrs Lambert left the meeting at 9.46am

Further discussion traversed options for the decision making process should financial close not be achieved prior to a permanent board being in place, the make-up and qualifications of directors to be appointed to the permanent board, the ‘investments’ HBRIC Ltd is responsible for, and the uncertainty for potential independent directors given the delays with the RWSS reaching financial close.

RC4/15

Resolutions

That Council:

2. Agrees that the Transition Board of the Hawke’s Bay Regional Investment Company will be replaced by a permanent Board of Directors to take effect from 1 July 2015, provided that the Financial Close decision point has been achieved by that date.

3. Affirms that the final decision to invest in RWSS (subject to conditions precedent being met) is the responsibility of HBRC.

Dick/Barker

CARRIED

Recommendations from the Maori Committee

Mr Mohi was satisfied for the item to be taken as read.

RC5/15

Resolutions

The Maori Committee recommends that Council:

Incorporating Tangata Whenua Views

2. Agrees to undertake a review of HBRC’s practices to incorporate tangata whenua values to determine how HBRC can best incorporate tangata whenua values and how it can best support the Regional Planning Committee.

3. Agrees to establish a working group of tangata whenua representatives from the Maori Committee (2) and the Regional Planning Committee (2) and Councillors (2) to assist staff in the Review Project, principally:

3.1. to agree the Terms of Reference for the Phase 1 Review

3.2. to agree the selection criteria and process for appointment of the consultant.

4. Endorses the following Maori Committee members for the working group:

4.1 Mr Mike Mohi (Chair of Maori Committee)

4.2 Marei Apatu (Maori Committee member)

5. Considers provisional funding in the draft Long Term Plan for the implementation of Phase 2

6. Provides funding for a 2^nd tier position as part of the LTP 2015-25 process and finalises the functions as agreed between Council and the Maori Committee.

Iwi Hapu Management Plans

7. Notes that iwi/hapu management plans must be received and are considered to be lodged at the moment the document is passed to the Council via a staff member or other duly authorised person (e.g. the Chairman) acting on behalf of the Council; and cannot be declined or returned to tangata whenua if the relevant iwi authority has acknowledged the iwi/hapu management plan.

8. Amends the Council’s process for receiving iwi/hapu management plans so that any such plans are presented to the Regional Planning Committee and copies of plans are provided to members of the Maori Committee.

9. Agrees that the Council continues to offer the opportunity for groups to present their iwi/hapu management plan(s) to the Regional Planning Committee at a location of the Group’s choosing or at a Regional Planning Committee meeting.

10. Compiles and reviews, in association with the Regional Planning Committee and Maori Committee, a list of ‘iwi Authorities’ for the purpose of RMA processes.

Maori Committee Representative on Corporate and Strategic Committee

11. Appoints Dr Roger Maaka as a member of the Corporate and Strategic Committee, replacing Shaun Haraki.

Reports Received

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

12.1 Update on Current Issues by HBRC Chairman

12.2 Parliamentary Commissioner's Update Report on Longfin Eels

12.3 Estuarine and Coastal Water Quality

12.4 February 2015 Statutory Advocacy Update

Scott/Barker

CARRIED

Recommendations from the Regional Planning Committee

Ms Codlin confirmed that the revised Terms of Reference for the Regional Planning Committee would be considered by the Regional Planning Committee in May in order to be put forward to Council for adoption following Committee agreement.

It was suggested, at the RPC meeting, that a retreat of all members of the committee be held to allow relationship building amongst the group.

In response to a query, Ms Codlin also advised that a list of Iwi Authorities would be developed and provided to the Regional Planning Committee and HBRC staff.

RC6/15

Resolutions

The Regional Planning Committee recommends that Council:

HBRC Committee Structure

2. Makes the following changes to its committee structure:

2.1. Amends the terms of reference for the Regional Planning Committee to incorporate resource management functions currently undertaken by the Environment and Services Committee.

3. Amends the revised Terms of Reference, with the proposed amendments to be brought back to the RPC for adoption, so that voting on the additional papers that the Regional Planning Committee would be considering as a result of incorporating additional resource management functions is based on:

3.1. Majority voting (80%); and

3.2. All members having voting entitlement.

4. Agrees to the appointment of the Maori Committee Chairman as an ex-officio member of the Regional Planning Committee and amends the revised Terms of Reference accordingly.

Incorporating Tangata Whenua Views

5. Agrees to undertake a review of HBRC’s practices to incorporate tangata whenua values to determine how HBRC can best incorporate tangata whenua values and how it can best support the Regional Planning Committee.

6. Agrees to establish a working group of tangata whenua representatives from the Maori Committee (2) and the Regional Planning Committee (2) and Councillors(2) to assist staff in the Review Project, principally:

6.1. Agreeing the Terms of Reference for the Phase 1 Review

6.2. Agreeing the selection criteria and process for appointment of the consultant.

7. Endorses the following RPC members and Councillors for the working group:

7.1. Cr Fenton Wilson (HBRC Chairman and co-Chair of Regional Planning Committee)

7.2. Mr Toro Waaka (co-Chair of Regional Planning Committee)

7.3. Cr Rex Graham (HBRC Councillor)

7.4. Ms Tania Hopmans (Regional Planning Committee member).

8. Considers provisional funding in the draft Long Term Plan for the implementation of Phase 2.

Mohaka Engagement Plan

9. Approves the Mohaka Engagement Plan for the Mohaka Plan Change, subject to:

9.1. finalisation by staff, including any minor amendments arising from stakeholder feedback; and

9.2. any major proposed amendments being brought back to the Committee for further recommendation.

TANK Engagement Plan

10. Approves the TANK Stakeholder Engagement Plan for the Greater Heretaunga / Ahuriri Plan Change development process.

Iwi Hapu Management Plans

11. Notes that iwi/hapu management plans must be received and are considered to be lodged at the moment the document is passed to the Council via a staff member or other duly authorised person (e.g. the Chairman) acting on behalf of the Council; and cannot be declined or returned to tangata whenua if the relevant iwi authority has acknowledged the iwi/hapu management plan.

12. Amends the Council’s process for receiving iwi/hapu management plans so that any such plans are presented to the Regional Planning Committee and copies of plans are provided to members of the Maori Committee.

13. Agrees that the Council continues to offer the opportunity for groups to present their iwi/hapu management plan(s) to the Regional Planning Committee at a location of the Group’s choosing or at a Regional Planning Committee meeting.

Reports Received

14. Notes that the following report was received by the Committee:

14.1. February 2015 Resource Management Planning Project Update.

Scott/Beaven

CARRIED

10.

Recommendations from Corporate & Strategic Committee

Cr Hewitt provided an overview of items considered at the meetings held on 11 and 18 February, highlighting items dealing with the establishment of a Finance, Audit and Risk sub-committee, reports from Business Hawke’s Bay and HB Tourism as well as a presentation by Cranford Foundation. On the 18^th of February, the only item for consideration was a business case for the establishment of a Wairoa-Napier rail freight service and whether HBRC will lease the line from KiwiRail.

RC7/15

Resolutions

That Council:

1. 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.

Establishment of a Finance, Audit and Risk Sub-committee

2. Establishes a Finance, Audit and Risk Sub-committee of the Corporate & Strategic Committee, and adopts the Terms of Reference (following resolution 16. below), with the appointees to be determined at the March Council meeting.

5. Amends the Terms of Reference for the Corporate and Strategic Committee to include the functions that will be carried out by the new Finance, Audit and Risk Sub-committee.

Cranford Foundation

6. Agrees that Chairman Fenton Wilson enters into further discussions with the Cranford Foundation around the concept of a Partnership between the two organisations.

Napier-Gisborne Rail Group Proposal

7. Receives the abridged NGR Business Case Report from the Napier-Gisborne Rail Group.

8. Notes that commendably good progress has been made in a short time, three months less the unavoidable down time for the Christmas break.

9. Notes that the business case supports the opening of a rail service, initially from Wairoa to Napier, for the principle purposes of moving export logs from a Wairoa hub to the Napier Port, and that the initial findings of the business case provide justification for HBRC to continue work on the proposal to lease the Napier Gisborne railway line.

10. Advises KiwiRail that, in principle, it agrees to a lease of the line subject to the terms of the lease and a number of operational matters involving KiwiRail and a rail operator being resolved to the satisfaction of both KiwiRail and HBRC.

11. Seeks from KiwiRail a reasonable extension of the time to resolve the few remaining issues that were unable to be completed due to the compressed time and loss of opportunity with the Christmas break, with the prospect that with continuation of the goodwill and cooperation by all parties a successful conclusion can be arrived at.

12. Sets the new and final deadline of 30 June 2015 to resolve all outstanding issues between HBRC and KiwiRail to their mutual satisfaction and for an operator to confirm the availability of funding, including equity funding, and for the operator to be able to commence initiating the business of operating the rail service.

13. Provides adequate resourcing for the remaining investigative tasks, to be under control of the Chief Executive and Chairman, and to be from and within the present budget allocation.

14. Continues to consider all options for the re-opening of the rail line in the interim.

15. Authorises the Chairman of HBRC to liaise with all interested parties, including NGR, Port of Napier, HBRIC Ltd, other transport interests and KiwiRail to explore what other configurations would be possible to enhance the prospects of this initiative succeeding.

Reports Received

16. Notes that the following reports were received at the 11 and 18 February Corporate and Services Committee meetings:

16.1. Follow-ups from Previous Corporate and Strategic Committee meetings

16.2. February 2015 Public Transport Update

16.3. Cranford Foundation

16.4. HB Tourism Quarterly Update Report

16.5. Business Hawke's Bay Six Monthly Update

Hewitt/Beaven

CARRIED

Finance, Audit and Risk Sub-committee

Terms of Reference

Adopted by Council resolution 25 February 2015

a) Purpose

The purpose of the Audit and Risk Committee is to report to the Corporate and Strategic Committee on matters that will assist the Council to fulfil its responsibilities for:

1. The robustness of risk management systems, processes and practices;

2. The provision of appropriate controls to safeguard the Council’s financial and non-financial assets, the integrity of internal and external reporting and accountability arrangement

3. The independence and adequacy of internal and external audit functions

4. Compliance with applicable laws, regulations, standards and best practice guidelines.

5. The review of Council’s expenditure policies and the effectiveness of those policies.

b) Specific Responsibilities

The Audit and Risk Committee shall have responsibility and authority to:

· Consider the appropriateness of the Council’s existing accounting policies and principles and any proposed changes;

· Enquire of internal and external auditors for any information that affects the quality and clarity of the Council’s financial statements and statements of service performance, and assess whether appropriate action has been taken by management in response to this;

· Satisfy itself that the financial statements and statements of service performance are supported by adequate management signoff and adequate internal controls and recommend adoption of the Annual Report by Council;

· Confirm that processes are in place to ensure that financial information included in Council’s Annual Report is consistent with the signed financial statements;

· Review whether Council management has in place a current and comprehensive risk management framework and associated procedures for effective identification and management of the council’s significant risks;

· Undertake periodic monitoring of corporate risk assessment, and the internal controls instituted in response to such risks;

· Undertake systematic reviews of Council operational activities against Council stated criteria

· Confirm the terms of appointment and engagement of external auditors, including the nature and scope of the audit, timetable, and fees;

· Receive the external audit report(s) and review action to be taken by management on significant issues and audit recommendations raised within the report(s);

· Conduct a committee members-only session with external audit to discuss any matters that the auditors wish to bring to the Committee’s attention and/or any issues of independence;

· Review the effectiveness of the system for monitoring the Council’s compliance with laws (including governance legislation, regulations and associated government policies), Council’s own standards, and best practice guidelines; including health and safety.

c) Membership

· Four members of Council, being: …..(to be determined at a subsequent meeting)

An external appointee, being…..(to be determined at a subsequent meeting)

d) Chairman

A member of the Committee as elected by the Council, being Councillor Debbie Hewitt

e) Meeting Frequency

The Committee shall meet quarterly, or as required

j) Quorum

The quorum at any meeting of the Committee shall be not less than 3 Councillor members of the Committee.

k) Accountability

The Finance, Audit and Risk sub-committee is not delegated to make any decisions. All recommendations of the sub-committee must be considered by the Corporate and Strategic Committee prior to any decision of Council.

l) Officers Responsible

· Chief Executive

· Group Manager Corporate Services

14.

Monthly Work Plan Looking Forward Through March 2015

In relation to a query about the Wairoa River mouth blockage covered by the media, Mr Iain Maxwell advised that the Wairoa District Council had closed the river despite there being no indications of unacceptable bacteria levels according to the monitoring programme in place. Mr Maxwell advised that a meeting with WDC staff will be organised, to discuss the process in place and how information sharing can avoid this situation in future.

In relation to a query about cattle in the Tukituki River, Ms Codlin advised that the rule in PC6 comes into effect in 2020, meaning that no stock will be allowed to be in the river except under specific circumstances as allowed by the Plan. Mr Maxwell added that it would be helpful if the public rang the pollution hotline if observing a specific incident so that staff could follow up with the landowner. In relation to the Tukituki incident under discussion, Mr Maxwell advised that staff have had ongoing discussions with the landowner in question, to no avail.

In relation to Energy Futures, Ms Codlin explained that Tom Skerman is in discussions with two parties in this space, including use of a stakeholder engagement tool being used by one of those parties.

In relation to resource consents for bottling water, Mr Maxwell advised that the recent media coverage of a bottling plant was for an operation that was granted consent in 2010, and reviewed in 2012. Mr Maxwell also provided an update on another consent recently granted, and gave an undertaking to provide details in an email to Councillors on the relevant issues.

Ms Codlin confirmed that changes to rules and policies relating to water allocation are being discussed through the TANK plan change process and that there are investigations into alternatives to a ‘first come, first serve’ allocation process. It was suggested that a high level paper be prepared for Council to enable further discussions about allocation and alternative allocation methods, and staff agreed that this would be valuable information for the Regional Planning Committee to receive and discuss in line with its functions and responsibilities relating to RMA plan changes and plan change issues; particularly leading up to the TANK plan change.

RC8/15

Resolution

1. That Council receives the Monthly Work Plan Looking Forward Through March 2015 report.

Scott/Belford

CARRIED

The meeting adjourned at 10.45am and reconvened at 10.55am

12.

HBRIC Ltd February 2015 Update

Dr Andy Pearce (Chairman), Mr Jim Scotland (HBRIC Ltd director), Mr Andrew Newman (HBRIC Ltd CE) and Mr Heath Caldwell (HBRIC Ltd Manager) were present to provide the update.

Dr Pearce updated the Council on the Board of Inquiry process, advising that there is a meeting of all parties tomorrow to discuss proposed changes to TT1(j) and subsequent changes to be reflected in the RWSS consent conditions in an effort to find common ground and report back to the Board within 3 days on any agreement reached. The only outstanding issue for the RWSS is the way changes to rule TT1(j) are reflected in the consent conditions.

Mr Newman confirmed the progress on the water uptake process as provided in the update report. In response to a query, it was confirmed that the a final recommendation relating to meeting the 40M m³ will be based on a minimum ‘cashflow’ threshold being met, which will ultimately be more than the 40M m³, with the final figure dependent on the ‘mix’ of different types of takes. There has been reluctance by some to sign water user agreements until the Board of Inquiry process has been resolved.

Mr Scotland updated Council on the process of negotiating with interested institutional investors, stating that there are 3 parties in negotiations; 1 NZ domiciled company and 2 Australian, with one of those having an EU parent company.

Dr Pearce provided information in relation to progress to fund Geotechnical work required to commence prior to 31 March and current negotiations with CIIL. He answered questions in relation to OHL carrying out the Geotech work, and the reasons for the timing of it, which was initially programmed to occur after financial close.

Mr Caldwell provided an overview of the balance sheet and responded to queries relating to a monthly budget being provided, a balance sheet just for HBRIC Ltd separate from the Port, and cash on hand sufficient to take HBRIC through to the end of June.

Further discussion traversed Financial Close and impacts on budgets, the deferral of non-essential work to minimise expense prior to Financial Close due to delays caused by other parties through the appeals process and outside HBRIC’s control, as well as the final detail of the dam design being reliant on the Geotech work under discussion, therefore making it a critical task.

The residual benefits of work done to date, including intellectual capital and the value of the knowledge gained through the pre-feasibility and feasibility stages, and its value to future enterprises has not been assessed.

It was reiterated that Council delegated the tasks of achieving the four conditions precedent to HBRIC Ltd, and not to explore alternative schemes.

It was reiterated that HBRIC had not ‘found’ excess money in the budget, but instead deferred work not essential to the project proceeding. If the project is delayed too long, the construction start date will be delayed with the knock-on effects arising from the inability to deliver stored water in 2018.

Hydrological investigations in January using soil moisture, river flow and rainfall statistics, determined that the dam reservoir, having provided 100% water for the highest irrigation use and flushing flows, would be sitting at 60% full at the end of January.

RC9/15

Resolution

1. That Council receives the “HBRIC Ltd and RWSS February 2015 Update” report.

Hewitt/Pipe

CARRIED

13.

Tukituki Catchment Proposal – Board of Inquiry Update

Ms Helen Codlin advised that there are 14 parties attending the meeting scheduled tomorrow, with points for resolution narrowed down to 6.

A request for there to be an independent facilitator was received by the Board, and staff seriously considered the option of engaging an independent facilitator prior to that request being made, however because of the need for understanding of the complexity of the issues and implications traversed throughout the process it was decided against, and to adhere to the Board’s direction for Council to organise and facilitate the meeting.

In line with the Board Minute, a factual account of points agreed and points not agreed is required within 3 days of the meeting – in the form of a joint memorandum signed by all parties.

Elements for the rule TT1(j) discussions tomorrow include:

· Sub-catchment versus whole of catchment approach to determine over allocation

· What land uses should be excluded from triggering the need for a consent; in terms of a threshold land size, definition of low intensity land use (based on stock units per hectare), plantation forestry and permanent horticulture/viticulture land uses to be excluded

· Whether an procedural guideline about advising landowners when the limit is approaching 80% be included in the Footnote to the rule – though inclusion of that in the rule was ruled out of scope by the Board.

Staff have circulated, with the agenda for the day, proposed further revised wording of the rule and policy in an effort to facilitate discussion on toward reaching agreement. This re-wording:

· effectively removes the 10 ha cap by providing for the exclusion for low intensity land uses by specifying stocking rates of 8 or less per hectare regardless of size – resulting in horticulture/viticulture exclusion being covered as well

· includes exception for Plantation Forestry established for commercial purposes.

In relation to using the MCI (Macro Invertebrate Index), as relates to the plan change it was ruled out of scope by the Board and so will not be part of the Plan Change discussions, however it is expected it will be the subject of discussions around the RWSS resource consent conditions tomorrow. It is intended that Plan Change issues will be considered first, followed by RWSS conditions.

Ms Codlin explained the details of Council’s proposed rule/policy re-wording, ruled outside scope by the Board, which sought exclusion from the resource consent requirement in circumstances where the 0.8 DIN limit is exceeded but the MCI (agreed measure of ecosystem health) indicates good ecosystem health.

Ms Codlin also, in relation to a query, outlined the process the Board is following, confirming that as part of that process all submitters have been provided with the opportunity to have input, enabling an open and transparent process.

It is envisaged that the Board’s decision will be made mid-March. That decision will be able to be appealed on points of law only, and it’s unlikely the Board will leave open any avenues for appeal given the current situation resulted from an error of law.

RC10/15

Resolutions

Councillor Belford did not declare a conflict in relation to this item as a submitter to Plan Change 6, participated in the discussion and voted on the matter.

Councillor Barker moved an amendment, seconded by Councillor Graham, being:

2. Resolves that the primary tool for measuring the health of the Tukituki River is the level of dissolved inorganic nitrogen measured in the waterway and that the acceptable upper limit for this is in accordance with the Board of Inquiry decision set at 0.8. All other measures such as MCI are to be used in support of managing and promoting the health of the river.

3. Invites both the Chairman of Fish and Game and the Chairman of the Environmental Defence Society to make presentations to the Council at its next meeting.

Barker/Graham

For: Graham, Beaven, Barker, Belford

Against: Dick, Hewitt, Scott, Pipe, Wilson

LOST

The amendment was LOST and therefore the substantive motion was put:

1. That Council receives the ‘Tukituki Catchment Proposal – Board of Inquiry Update’ report.

Dick/Scott

CARRIED

15.

Chairman's Monthly Report

The Chairman spoke to his report, providing additional context and information in relation to several meetings he attended, including those with the Regional Sector Group, the Mayoral Forum, and Greypower.

RC11/15

Resolution

That the Chairman’s monthly report for February 2015 be received.

Graham/Beaven

CARRIED

16.

Minor Items Not on the Agenda

Item

Topic

Councillor / Staff

Bottled water

Discussed under item 14.

Belford

Cows in the Tukituki

Discussed under item 14.

Belford

17.

Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 28 January 2015

RC12/15

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 17 Confirmation of the Public Excluded Minutes of the Regional Council Meeting held on 28 January 2015 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 Minutes of the Public Excluded Regional Council Meeting held on 28 January 2015	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.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Pipe/Belford

CARRIED

17. Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 28 January 2015

RC13/15 Public Excluded Minutes of the Regional Council Meeting held on 28 January 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Hewitt/Scott

CARRIED

18. Matters Arising from the Public Excluded Minutes of the Regional Council Meeting Held on 28 January 2015

There were no matters arising from the minutes.

Resolution

RC14/15 That the meeting moves out of Public Excluded session.

Pipe/Scott

CARRIED

The meeting went into public excluded session at 12.53pm and out of public excluded session at 12.57pm

Closure:

There being no further business the Chairman declared the meeting closed at 12.57pm on Wednesday 25 February 2015.

Signed as a true and correct record.

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