MINUTES OF A meeting of the Environment and Services Committee

 

 

Date:                          Wednesday 11 March 2015

 

Time:                          9.00 am

 

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                       R Graham (Chair)

                                      P Beaven

A Dick

F Wilson

D Hewitt

T Belford

B Gregory

R Barker

C Scott

D Pipe

 

In Attendance:            R Spooner – Maori Committee Member

M Adye - Group Manager, Asset Management

I Maxwell – Group Manager, Resource Management

G Clode – Manager, Engineering

S Moffitt - Environmental Officer, Compliance

G Ide - Team Leader, Policy

M Hulena – Executive Assistant

 

 


1.       Welcome/Apologies/Notices 

The Chairman welcomed everyone present to the meeting. He advised that the agenda items 7 and 8 would be discussed out of order due to time restraints by some meeting participants. 

Karakia - Mr B Gregory.

 

ESC1/15

Resolution:

That apologies from Ms Maihi-Carroll be accepted.

Wilson/Beaven

CARRIED

 

There were two notices from Councillor Wilson.

Climatic Conditions in Hawke’s Bay; meeting scheduled for Thursday 12 March to discuss the climatic conditions in the region, a drought will be declared if no rain falls in the region within the week.

LGNZ Conference 2015 scheduled at Rotorua Energy Events Centre, Rotorua on 19-21 July 2015. Expressions of Interest are sought from Councillors interested in attending.

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Environment and Services Committee Meeting Held on 10 December 2014

ESC2/15

Resolution:

Minutes of the Environment and Services Committee held on Wednesday, 10 December 2014, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Wilson/Pipe

CARRIED

 

4.       Matters Arising from Minutes of the Environment and Services Committee Meeting Held on 10 December 2014

There were no matters arising from the minutes.

 

5.

Follow-Ups From Previous Committee Meetings

 

Mr Adye updated the follow up items as set out in the agenda item. The Committee noted that the CHB Wastewater Update will be discussed as agenda item 10 and a report on Resource Consents for Bottling Plants will be provided at a future meeting.

ESC3/15

Resolution:

1.      That the Environment and Services Committee receives the report “Follow-up Items from Previous Meetings”.

Scott/Beaven

CARRIED

 

 

6.

Call for any Minor Items not on the Agenda

 

The following items not on the agenda, will be discussed as item 12:

1.     Balance Farm Awards (Councillor Wilson)

2.     TANK (Councillor Belford)

3.     Awatoto Clean Up (Councillor Scott)

4.     Hole Punch Facilities (Councillor Dick)

 

8.

Hawea Park

 

Mr Adye introduced Mr Clode, who provided an update on the progress with landowner negotiations relating to the Pakowhai/Pakiaka area at the junction of Karamu Stream, Raupare Stream and Clive River. Negotiations have reached a stage with Māori landowners (historically linked with the area) where creation of a community place, to be known as Hawea Park, is an agreeable solution to resolve all the associated issues.

Mr Clode tabled an updated map showing the seven parcels of land in question where HBRC and Ngati Hawea can enter into a commitment to achieve joint ownership of land within the proposed Hawea Park area.

Councillor Hewitt arrived at 9.11 am

Mr Clode discussed the scope of the work; there are seven parcels of land, six (parcels 1,2,3,5,6,7) were acquired under the Public Works Act and one (parcel 4) which is held as a local Purpose Reserve for Soil Conservation and River Control purposes. Properties will require Section 40 Public Works Act 1981 (PWA) clearance in order for HBRC to ‘dispose’ of part of the land to Ngāti Hawea. The disposal of part of the ownership triggers the offer back obligations under the PWA. Once the Section 40 clearance has been confirmed and the Reserve Land transferred to HBRC then it can declare the seven parcels of land surplus to requirements and dispose the half share to Ngāti Hawea.

A formal agreement will be required for how the ownership structure and management of the park will operate and assign appropriate authority, power, responsibility and liability accordingly. This agreement needs to be in place before any transfer occurs and certainly before HBRC declares the land surplus to its requirements in order to dispose of the half share.

There are additional matters including river diversion, HBRC’s powers and authority, the old bed of Ngaruroro River, land surplus to HDC requirements and Rangitane Road which will need to be worked through over time.

The Committee discussed the ownership under 50/50 joint partnership and what that entails, including costs associated with the project. Staff will need to come back to Council with estimated costs, however much of the proposed work is included in the capital works programme for Te Karamu.

ESC4/15

Resolutions:

1.      That the Environment and Services Committee receives the ‘Hawea Park report.

The Environment and Services Committee recommends that Council:

2.      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.

3.      Endorses the approach staff have taken to date and delegates authority to the Chief Executive to enter into commitments with parties associated with the land in question (Part Lot 1 DP 5302, Part Clive River Bed, Pakowhai Maori Reserve 5A2 Block, Section 1 SO 9684, Part Section 15 Block XVI Heretaunga SD, Lot 4 DP 400033 and Part Lot 3 DP 12384) and Ngāti Hawea, to achieve joint ownership of land within the proposed Hawea Park area.

Scott/Wilson

CARRIED

 

7.

Upper Tukituki Flood and Drainage Scheme Review Project

 

Mr Adye provided an overview of the Upper Tukituki Flood Control Scheme which was established under the Soil Conservation and Rivers Control Act 1941. 

Mr Adye advised the Committee that a number of concerns have been raised by ratepayers regarding the fairness of the way rates are allocated compared to the benefit they receive.

A preliminary review of the Scheme has been completed, which confirmed significant changes since the establishment of the classification in both land use and technology (used for assessing areas of benefit) and that a review of the Scheme is justified. Consultant John Philpott (John Philpott and Associates Ltd) prepared a draft brief for the development of a new differential rating system for the Upper Tukituki Scheme.   The outcome of the review will need to be concluded through a Special Consultative Procedure in accordance with the Local Government Act 2002. 

Mr Adye also advised the Committee, that the review is expected to take the remainder of the 2015 calendar year to complete and the Special Consultative Process will be held early in 2016, with the agreed rating system to be implemented in the 2016-17 financial year. It is proposed a meeting be held in the near future in Central Hawke’s Bay to advise the Scheme ratepayers of Council’s intention to undertake a review of the Scheme. 

In response to a query on gravel, Mr Clode advised that Council is half way through a 7 year project reviewing gravel allocation.

In response to a query on communicating information to the public, Mr Adye advised that the Scheme will be reviewed this year and any changes will need to align with a beginning of a financial year.

ESC5/15

Resolutions:

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.

2.     Agrees to proceed with a review of the Upper Tukituki Scheme and the development of a new differential rating Scheme that will provide a fair and equitable rating system to fund 82.5% of the cost of maintaining and improving the Upper Tukituki Scheme.

3.     Commits to a Special Consultative Procedure in accordance with the Local Government Act 2002 prior to implementing the outcome of the review.

Scott/Wilson

CARRIED

 

The meeting adjourned at 10.41 am and reconvened at 10.57 am.

9.

Update on Progress of Upgrading Awanui Stream Stopbanks

 

Mr Clode gave a verbal update on the progress of upgrading the Awanui Stream stopbanks which is part of the Karamu Catchment.

The most at risk portion was Crystall Road which prior to upgrade could barely contain a 5 year return period flood.

A map was displayed on screen to show the stages of work. Stages 1-4 are completed. Landowner negotiations are completed on stage 5 (left bank), ready for the next stage of construction in 2015/16 construction season. 

It has taken time to work through the various land issues including involvement of the Māori land court and these are mostly completed or underway. The final stage of the stopbanking work will be to complete the left and right banks up to Paki Paki.

ESC6/15

Resolution:

1.      That the ‘Update on Progress of Upgrading Awanui Stream Stopbanks‘ verbal report be received.

Scott/Wilson

CARRIED

 

10.

CHB Wastewater Update

 

Mr Iain Maxwell and Mr Simon Moffitt updated the Committee on progress with Central Hawke’s Bay District Council meeting their obligations in accordance with the abatement notice issued 26 January 2015.

CHBDC is installing Lamella clarifiers that will remove excess organic matter that is preventing the sand filters from operating correctly. On confirmation of the performance of the clarifier at Waipawa, another Lamella clarifier will be built and installed at the Waipukurau plant. Modifications at the Waipukurau plant have resulted in an improvement in the ammoniacal nitrogen concentration discharge, attributed to an increase in the efficiency of the curtains installed in the ponds to aid bacterial growth.

CHBDC is investigating whether or not a small number of point source discharges to their sewage system may be contributing adversely to their plant operation.

In response to a question, Mr Maxwell confirmed that CHBDC advise they are running both plants through the filtration and UV treatment process but are not chemically dosing for phosphorus until the clarifiers are installed.

Mr Maxwell advised the Committee, Council is working with CHBDC to meet the requirements of the resource consent.

ESC7/15

Resolution:

1.     That the Environmental Services Committee receives the CHB Wastewater Updatereport.

Scott/Wilson

CARRIED

 

11.

March 2015 Statutory Advocacy Update

 

Mr Ide provided an update on proposals forwarded to the Regional Council as part of the Council’s Statutory Advocacy project between 30 November 2014 and 1 March 2015.

Mr Ide advised the Committee one notable update was in relation to the resource consent application to subdivide part of the Evans Family Trust property at 996 State Highway 2, Whirinaki into 15 residential sites.  That application was granted consent by Hastings District Council subject to various conditions and consequently declined HBRC’s submission.  HBRC has lodged an appeal in the Environment Court against that decision.  HBRC’s submission and subsequent appeal opposes the application principally because the site is in an area that has been determined as inappropriate for future residential greenfield development over the 2015-2045 period in both the Regional Policy Statement and the 2010 Heretaunga Plains Urban Development Strategy.

In response to a question, Mr Ide updated the Committee on the application made on behalf of Rongomaiwahine for Protected Customary Rights Order and a Customary Marine Title in the Nuhaka/Mahia/Mahanga area. The High Court has set a timetable for the preparation and exchange of evidence between the applicant and submitters.  HBRC and other submitters have almost a further 4 months to prepare their statements of evidence in response to the applicant’s evidence.  Submissions were also made by the Crown and Gisborne District Council, both seeking clearer specificity of the scope and nature of the orders being applied for. The High Court has not yet set a hearing date.

ESC8/15

Resolution:

1.      That the Environment and Services Committee receives the ‘March 2015 Statutory Advocacy Update report.

Beaven/Barker

CARRIED

 

12.

Minor Items Not on the Agenda

 

 

Item

Topic

Councillor / Staff

1.    

Balance Farm Awards

Councillor Wilson attended the East Coast Environment Farm Awards on 5 March. 

Alastair and Tracy Ormond & Daniel Ormond of Te Umuopua in the Hatuma district of Central Hawke’s Bay were the Regional Supreme Winners.

A field day will be held at the 2015 Supreme Winner’s property on Thursday 19 March 2015.

Information to be provided to Councillors.

Councillor Wilson

2.    

TANK

First TANK Group meeting of 2015 held on 10 March.  Discussions raised five issues for Councillor Belford:

1.    Pace of progress was slowing and process has further two years to plan change notification

2.    Currently limited information and clarity regarding economic impacts

3.    Decisions are being made while TANK Group discussions and process continues (e.g. consenting processes for Twyford irrigation and water bottling activities)

4.    Research team involved in TANK Project has recently published a 6-page paper on Maori participation, with TANK project being a case study.  This paper should prove useful to inform discussions about how HBRC can better incorporate Maori perspectives.

5.    Project leadership was discussed.  Staff Project Leader has changed with resignation of Tim Sharp.  A minority of TANK Group members suggested the need for an “independent commissioner” who has sufficient ‘mana’ to operate and influence the Group’s progress without any political or organisational constraints.

Councillor Belford

3.    

Awatoto Clean Up

Councillor Scott recently attended the beach clean-up at Awatoto and acknowledged staff efforts for a well organised and run day. Large public interest and a large amount of rubbish was collected.

Councillor Scott

4.    

Hole Punch Facilities

A request was made to replace the missing hole punch from the Councillors Room and Chambers and that any additional material circulated after the agenda is distributed to be hole punched.

Councillor Dick

 

 

  

Closure:

 

Karakia - Mr B Gregory

There being no further business the Chairman declared the meeting closed at 12.08pm on Wednesday, 11 March 2015.

 

Signed as a true and correct record.

 

 

 

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