Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 27 May 2015

Time:                9.00 am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Agenda

 

Item       Subject                                                                                                                  Page

 

1.         Welcome/Prayer/Apologies/Notices 

2.         Conflict of Interest Declarations  

3.         Confirmation of Minutes of the Regional Council Meeting held on 29 April 2015

4.         Matters Arising from Minutes of the Regional Council Meeting held on 29 April 2015

5.         Follow-up Items from Previous Regional Council Meetings                                         3

6.         Call for any Minor Items not on the Agenda                                                                 9

Decision Items

7.         Affixing of Common Seal                                                                                            11

8.         Recommendations from the Regional Transport Committee                                     13

9.         Recommendations from Environment & Services Committee                                  15

10.       Recommendations from the Regional Planning Committee                                      19

11.       HBRIC Ltd 2015-16 Statement of Intent                                                                     21

Information or Performance Monitoring

12.       HBRIC Ltd May 2015 Update                                                                                     43

13.       Monthly Work Plan Looking Forward Through June 2015                                         53

14.       Chairman's Monthly Report for May 2015 (to be tabled)

15.       Minor Items not on the Agenda                                                                                   61

Decision Items (Public Excluded)

16.       Confirmation of Public Excluded Minutes of the Regional Council Meeting held on 29 April 2015                                                                                                                     63

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

Subject: Follow-up Items from Previous Regional Council Meetings

 

Introduction

1.   On the list attached are items raised at Council meetings that require follow-ups. All items indicate who is responsible for following up, and a brief status comment. Once the items have been reported to Council they will be removed from the list.

Decision Making Process

Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that as this report is for information only and no decision is required in terms of the Local Government Act’s provisions, the decision making procedures set out in the Act do not apply.

 

Recommendation

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

 

 

Leeanne Hooper

Governance & Corporate Administration Manager

Liz Lambert

Chief Executive

 

Attachment/s

1

Follow-ups from Previous Regional Council Meetings

 

 

  



Follow-ups from Previous Regional Council Meetings

Attachment 1

 

Follow-ups from previous Regional Council Meetings

 

Meeting Held 29 April 2015

 

 

Agenda Item

Action

Person Responsible

Status Comment

1

HBRIC update

Explore liability risk for HBRC as consent authority for the dam structure – should the dam owner subsequently find the dam to be faulty.

I Maxwell

Discussions with Waikato Regional Council have revealed the following.

Anyone can be named in a Court action and there is no guarantee that such action won’t be initiated for some reason or by anyone. However WRC believe that adequate steps have been taken to prevent any successful action being taken against either ourselves or themselves.

·    WRC are an accredited Building Consent Authority [since 2008] and undergo audit by IANZ as part of that ongoing accreditation.

·    The Deed of Transfer between WRC and the other North Island RCs addresses insurance and that is outlined below

Insurance

11  WRC will at all material times have in place insurance cover (Public Liability and Professional Indemnity) against all actions, claims, proceedings and demands made by any third party in respect of WRC's performance and/or non-performance, whether negligent or otherwise, of the Scheduled Functions set out in this Deed in relation to any dams in any region of the Transferring Regional Councils or WRC subject only to the terms, conditions and exclusions of the insurance which will be consistent with standard practice in the Local Government Sector in New Zealand.

·    Because the dam will be classified as a high PIC [potential impact classification] Dam, the design will have been peer reviewed prior to it being received by WRC.

·    3 highly skilled international engineers will be involved in the design and review of the Ruataniwha design.

2

Annual Plan Progress Report

Wairoa Dairy Market Validation study – to be made available if report finalised

T Skerman

The Validation Study has been completed and a meeting to discuss the outcomes and next steps is scheduled for 26 May, after which copies will be distributed to Councillors.

3

Minor Items not on the Agenda

Resource consent application and decision making processes to be explained

I Maxwell

Paper to RPC 20 May meeting

 

 

 


Follow-ups from Previous Regional Council Meetings

Attachment 1

 

LGOIMA Requests Received between 21 April and 20 May 2015

 

Request Status

Date

Received

Request ID

Requested By

Request Summary

Active

18/05/2015

OIR-15-029

Fred Robinson

Sale of leasehold cashflows to ACC

Active

13/05/2015

OIR-15-028

Jonathan Dine

Copies any reports, documents, memoranda, correspondence, legal advice or emails, both internal and external regarding:
#of council meetings held in the calendar year for 2014, 2013, 2012, 2011 and 2010.
#of council meetings held in 2015 up to May 12.
# of these meetings that excluded members of the public in the years 2014, 2013, 2012, 2011, 2010.
# of public excluded meetings held so far in 2015 up to May 12.
Copy of policy for holding a meeting that excludes the public.

Completed

5/05/2015

OIR-15-027

Derek Williams

Liquefaction study
1) ground plan & report copies pertaining to NCC administered area from Puketapu Rd entrance to Dobell Reserve to the Motorway Meeanee flyover and from the Dobell Reserve entrance to the EIT to HBRC work shop in Guppy Rd at the Tutaekuri River Park entrance 
2) data held pertaining to operational & capped wells in the Puketapu Rd Dobell reserve to the EIT within the area contained by Lee Rd (sufficient to identify well site locations and known springs)

Completed

1/05/2015

OIR-15-026

Gina-Marie Dugdale

All communication between the Council and Whakatu Woolscourers in regard to their renewal of application (DP140591) as well as explanation around extension of time under S37

Completed

28/04/2015

OIR-15-025

Derek Williams

Daily rainfall from CHB sites for 6th to 11th April 2015

Completed

24/04/2015

OIR-15-024

Kathryn Bayliss

a printed copy of the evidence and data supporting the claim that 80% of HB want the dam/ RWSS to go ahead

Completed

23/04/2015

OIR-15-023

Lindsay Smith

Copies of info provided to Colin Riden OIR-15-011

Active

22/04/2015

OIR-15-020

Ben Craven, Campaigns Coordinator, NZ Taxpayers Union Inc

details of any contracts, arrangements or agreements with Iwi or Maori organisations, entered into since 1 July 2013, under which they acquire land or property or rights where the fair market value of the land or property or rights is over 15% more than the monetary consideration or price paid by those iwi or organisations

Active

22/04/2015

OIR-15-022

Jordan Williams, Executive Director, NZ Taxpayers Union Inc

1. any advice, policy document or other summary that records HBRC's understanding of its obligations, if any, under the Treaty.
2. whether HBRC requires, as Auckland’s Unitary Plan provisions now do, ‘cultural impact assessments’ (or similar) on matters which are metaphysical or purely spiritual in nature. If yes, provide details on the extent of those requirements

Completed

22/04/2015

OIR-15-021

Gina-Marie Dugdale

1. any and all records including emails, letters and registers relating to complaints made about the wool scour operations situated in Railway Road, Whakatu since resource consent was granted to Wool Services International (WSI)
2. copies of any renewal application for resource consent by WSI received by HBRC
3. correspondence including emails between HBRC and WSI about the air management plan and complaints made by residents
4. notes of any meetings held involving HBRC in relation to the complaints and renewal of resource consent for WSI's Whakatu operations


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

Subject: Call for any Minor Items not on the Agenda

 

Reason for Report

1.      Under standing orders, SO 3.7.6:

“Where an item is not on the agenda for a meeting,

(a)   That item may be discussed at that meeting if:

(i)    that item is a minor matter relating to the general business of the local authority; and

(ii)   the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b)   No resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

2.      The Chairman will request any items Councillors wish to be added for discussion at today’s meeting and these will be duly noted, if accepted by the Chairman, for discussion as Agenda Item XX.

Recommendations

That Council accepts the following minor items not on the Agenda, for discussion as Item 15:

  1.  …
  2. ….

 

Leeanne Hooper

GOVERNANCE & CORPORATE ADMINISTRATION MANAGER

Liz Lambert

CHIEF EXECUTIVE

 

 

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

Subject: Affixing of Common Seal

 

Comment

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 126

          DP 11027

          CT  3/1367

-     Agreement for Sale and Purchase

 

1.1.2     Lot 1

          DP 12606

          CT  D4/1329

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.3     Lot 33

          DP 13898

          CT  F4/410

-     Transfer

 

1.1.4     Lot 232

          DP 16756

          CT  C2/635

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.5     Lot 188

          DP 13217

          CT  E4/435

-     Agreement for Sale and Purchase

 

 

 

 

 

3842

 

 

 

 

3843

3845

 

 

 

 

3844

 

 

 

 

3846

3847

 

 

 

 

3848

 

 

 

 

 

4 May 2015

 

 

 

 

6 May 2015

14 May 2015

 

 

 

 

13 May 2015

 

 

 

 

14 May 2015

19 May 2015

 

 

 

 

19 May 2015

 

 

Decision Making Process

2.       Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

2.1   Sections 97 and 88 of the Act do not apply

2.2   Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided

2.3   That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.


 

Recommendations

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.

 

 

Diane Wisely

Executive Assistant

Liz Lambert

Chief Executive

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

Subject: Recommendations from the Regional Transport Committee

 

Reason for Report

1.     The following matters were considered by the Regional Transport Committee on Friday 08 May 2015 and are now presented for consideration and approval.

Decision Making Process

2.     These items have all been specifically considered at the Committee level.

 

Recommendations

The Regional Transport 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.

Regional Transport Committee Membership

2.    Amends the Regional Transport Committee Terms of Reference in regard to advisory members’ portfolio responsibilities

3.    Notes the discussion on infrastructure priorities and forward planning.

Variation to the Regional Land Transport Programme 2012-15

4.      Agrees to vary the 2012-15 Regional Land Transport Programme to include the Mangahohi Bridge Replacement project; and

5.      Agrees that this is not a significant variation to the Programme and does not need to undergo public consultation. 

Reports Received

6.     Notes that the following reports were provided to the Regional Transport Committee meeting.

6.1     NZTA Regional Director’s Report

6.2       May 2015 Transport Manager’s Report

6.3       May 2015 RoadSafe Hawke’s Bay Update

6.4       Draft Regional Cycle Plan

6.5       Public Transport Update

6.6       Verbal Reports from Advisory Representatives

 

 

Anne  Redgrave

Transport Manager

Liz Lambert

Chief Executive

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

Subject: Recommendations from Environment & Services Committee

 

Reason for Report

1.    The following matters were considered by the Environment and Services Committee on Wednesday 13 May 2015 and are now presented for consideration and approval.

Asset Management Plans

2.    The following tables detail amendments made to the Asset Management Plans as agreed at the meeting.

Heretaunga Plans Flood Control and Drainage Scheme

Section

Paragraph

Changes made

Glossary

Second column-

Optimised Replacement Cost (ODRC)

Definition of NAMS, LAPP has been added.

8.7.1 Public Amenity Assets

First paragraph

A word ‘cycle’ has been added into the first sentence.

9.5 Asset Description and Condition

Tutaekuri River table

More detailed explanation on Lennox Park section added

10.8.1 Channel

Figure 22 Utility Drain and Enhanced Watercourse/Stream

 

Pictures have been replaced with HBRC enhanced project.

12.6 .1 Overview Karamu Drainage

Point 5 –second paragraph

Clarification on roles and responsibilities between HBRC and HDC. 

A paragraph has been added to highlight limitation on channel capacity.

12.7.3 Asset Description Condition- Twyford Drainage

Table 48

Column with capacity restriction has been added.

 

Upper Tukituki Flood Control Scheme

Section

Paragraph

Changes made

4.3 Ecological Best Practice Changes

Whole section

Wording changed

5.4.1 Earthquake

Whole section

Earthquake information relevant for Upper Tukituki added.

5.4.3 Tsunami

Whole section

Removed – not relevant for this AMP.

11.3 UTTFCS Financial table

Whole table

Clarification required from Finance

 


Small Schemes

Section

Paragraph

Changes made

12.4 Assets

Text under table 10: Makara Scheme Assets

Clarification required from Liaison Committee

Opoho AMP

Contents

Errors removed

Ohuia AMP

Contents

Errors removed

Paeroa Drainage Scheme

Contents

Errors removed

Northern Minor Works

Contents

Errors removed

Te Ngarue Flood Control Scheme

Contents

Errors removed

Esk River and Whirinaki Drainage

Contents

Errors removed

Te Awanga

Contents

Errors removed

Poukawa

Contents

Errors removed

Upper Makara

1.3 History

Last paragraph

Spelling correction

 

3.3.4 Flood warning

Whole section changed and updated with current flood warning.

 

Decision Making Process

3.    These items have all been specifically considered at the Committee level.

 

Recommendations

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.

Board of Inquiry Draft Decision on Plan Change 6

2.      Lodges comments with the Board of Inquiry indicating its support for the Draft Decision as issued in relation to Rule TT(1)(j).

Infrastructure Insurance

3.     Considers and decides whether to delegate authority, to the Interim Chief Executive, determination and commitment to the most cost effective insurance deal for mitigating the financial exposure risk to Council of repairing and/or reinstating infrastructure assets following a significant natural disaster.

Biosecurity Operational Plans

4.     In accordance with the requirements of the Biosecurity Act 1993 adopts, including any amendments agreed by the Committee, the:

4.1       Animal Pest Operational Plan 2015-16

4.2       Plant Pest Operational Plan 2015-16

4.3.      Phytosanitary Operational Plan 2015-16.

 

 

Asset Management Plans

5.     Adopts, including amendments agreed by the Committee, the Asset Management Plans for:

5.1       Heretaunga Plans Flood Control and Drainage Scheme

5.2       Upper Tukituki Flood Control Scheme

5.3       Small Schemes.

TBfree

6.      Endorses the transitional arrangements for HBRC provision of funding to Ospri and agrees to changes being made to the final LTP 2015-25 to reflect these arrangements.

Te Mata Park

7.     Agrees in Principle to retain the allocation of $500,000 pending completion of the Long Term Plan process for further development of Te Mata Park for the period to 31 December 2015 pending consideration of a 10 year Management Plan for Te Mata Park to be prepared and presented to Council prior to that date.

8.     Appoints Stephen Cave as the staff nominee on the Te Mata Park Planning Steering Committee.

Reports Received

9.     Notes that the following reports were received at the Environment and Services Committee meeting.

9.1     Environmental Monitoring & Reporting and Land & Water Aotearoa Website Update

9.2     CHBDC Wastewater Treatment Compliance Update

9.3     Te Matau a Maui – Cape to City Project Update

 

 

Mike Adye

Group Manager
Asset Management

Iain Maxwell

Group Manager
Resource Management

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

Subject: Recommendations from the Regional Planning Committee

 

Reason for Report

1.      The following matters were considered by the Regional Planning Committee on Wednesday 20 May 2015 and are now presented for consideration and approval.

Decision Making Process

2.      These items have all been specifically considered at the Committee level.

 

Recommendations

The Regional Planning 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.

Mana Ake – Collective Iwi Management Plan For Heretaunga Hapu

2.      Acknowledges the role of Mana Ake in the Greater Heretaunga / Ahuriri policy development process under the Resource Management Act.

Regional Planning Committee - Terms of Reference

3.      Agrees with the proposed amendments, and any further amendments agreed at the 20 May 2015 Committee meeting.

4.      Notes that the Amended Terms of Reference, as agreed, will be considered by the Tāngata Whenua representatives at a hui called for that purpose, before being considered at a Council meeting for formal adoption.

Reports

5.     Notes that the following reports were considered at the Regional Planning Committee meeting.

4.1.      Water Quantity Allocation Policy And Consenting Processes

4.2.      Tukituki Plan Change 6 – Update on Board of Inquiry Review Process

4.3.      Environment Court Decision On Change 5 Appeal

 

 

Liz Lambert

Chief Executive

 

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

SUBJECT: HBRIC Ltd 2015-16 Statement of Intent

 

Reason for Report

1.      To meet Local Government Act 2002 legislative timeframes, the Hawke’s Bay Regional Investment Company Limited (HBRIC Ltd) is required to present its final Statement of Intent (SOI) to Council (as shareholder) for approval by 30 June.

2.      The Council’s investment company (HBRIC Ltd) is a Council Controlled Trading Organisation (CCTO) and a strategic asset in terms of the Local Government Act 2002 (the Act).

3.      HBRIC Ltd’s first draft of its SOI was submitted to the Corporate and Strategic Committee on 22 April 2015 in accordance with the requirements of the Act to submit a draft SOI.

4.      The draft was further refined by HBRIC Ltd at its Board Meeting held on 11 May 2015, and is now presented for Council’s final comment and approval.

5.      A copy of the correspondence from the HBRIC Ltd Board, including the amended SOI, is attached as Attachment 1.

Changes from Draft SOI – Requested by Council

6.      HBRIC Ltd has amended the SOI to incorporate changes advised by Council when the draft SOI was presented to the Corporate and Strategic Committee on 22 April 2015 and Council on 29 April 2015.  These changes have been addressed by the Board Chairman in his covering letter accompanying the SOI.

Changes from Draft SOI – Further Changes by HBRIC Ltd

7.      The HBRIC Ltd Board, at its meeting held on 11 May 2015, has further refined the SOI that was presented to the Corporate and Strategic Committee on 22 April 2015 and council on 29 April 2015as follows.

8.      On page 10 of the attached SOI under “Distribution to Shareholder” an amendment has been made to NPAT projected in the original SOI from $8.58m to now read $7.56m.  In this regard the Chairman of HBRIC Ltd has written:

“Rather than project a dividend amount which is uncertain by being subject to PONL dividends to HBRIC Ltd, and also subject to yet to be agreed arrangements regarding HBRC funding of HBRIC Ltd for an RWSS investment which is yet to be confirmed, we have shown a projected NPAT figure.  As set out in the immediately preceding part of the paragraph, the dividend paid will be no less than the actual NPAT.”

9.      Council has received from HBRIC Ltd, revised cash flows for the RWSS which reflect the considerable delay in the financial close in the RWSS and the eventual construction of the Dam.  When these cash flows are used to calculate the increase in annual distributions from HBRIC Ltd to Council to provide a 6% return to Council on the funds HBRIC Ltd draws from Council for the RWSS (refer to page 7 of the attached SOI), the dividend distribution from HBRIC Ltd would need to be approximately $300k greater than the dividend proposed in the SOI.  However it must be acknowledged that it is difficult to calculate this shortfall with any certainty given the decisions yet to be made on whether there will be an appeal (if any) on the Environment Protection Agency (EPA) decision, the timing of the financial close and the timing of commencement of construction.  If there is eventually a shortfall in the dividend distribution required by Council, then this needs to be the subject of a discussion between Council and HBRIC Ltd at a time that these calculations of return can be finalised with some accuracy.


Other Clarifications on the Proposed Statement of Intent

10.    The first bullet point on page 6 of the SOI states:

“Raise funds for investment by issuing bonds, mortgages, preference shares and other debt instruments (with the approval of Council for any sum greater than 5% of the value of HBRIC Ltd) or by reducing its holdings and equity investments in its subsidiary and associated companies.”

11.    The shareholder value of HBRIC Ltd for the opening 2014-15 year is approximately $200m which would mean that under the proposed SOI HBRIC Ltd would have the ability, without Council approval, to raise 5% of this sum - ie, approximately $10m.

12.    The last resolution Council made on this issue was at the meeting on 25 March 2015, when discussing RWSS financing request of the Regional Council by HBRIC Ltd.  Council resolved:

“-  Approves HBRIC Ltd being able to borrow up to the lesser of 1% of the value of its balance sheet equity on 30 June 2015, or the sum of $2m for the ongoing operation expenses up to the financial close, either from Council or from banking sources, or from CIIL; whichever provides the best combination of financial terms and other requirements.

-    Notes that, if the proposed borrowing is approved by Council, HBRIC Ltd will report on the extent of drawdown of debt finance and the purpose for which it has been used as part of its regular reporting to Council.

-    Notes that if expenditure on geotech works is required to financial close, HBRIC Ltd will bring a formal proposal to Council for approval of such expenditure.

Council Review

13.    Council officers have reviewed the Statement of Intent and confirm:

13.1.   It complies with the requirements of Schedule 8 Clause 9 of the Act

13.2.   It is consistent with and complies with the requirements of the Council’s Investment Policy as stated in the Long Term Plan 2015-2025.

Decision Making Process

14.    Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act).  Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

14.1.   The decision does not significantly alter the service provision or affect a strategic asset.

14.2.   The use of the special consultative procedure is not prescribed by legislation.

14.3.   The decision does not fall within the definition of Council’s policy on significance.

14.4.   The persons affected by this decision are all persons with an interest in the management of Council’s investments.

14.5.   There were no other options considered as the requirements and timeframes are legislated.

14.6.   The decision is not inconsistent with an existing policy or plan.

14.7.   Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

 


 

Recommendations

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.      Notes that this Statement of Intent for HBRIC Ltd, as a Council Controlled Trading Organisation, is required to be presented to Council as a shareholder of HBRIC Ltd under the provisions of the Local Government Act 2002.

3.      Considers the issues discussed in this paper and, if appropriate, approves HBRIC Ltd’s submitted Statement of Intent, and notes that the Statement of Intent reflects the Council’s objectives for HBRIC Ltd and has been prepared in accordance with the requirements of the Local Government Act 2002.

 

 

Liz Lambert

Chief Executive

Paul Drury

Group Manager Corporate Services

 

Attachment/s

1

HBRIC Ltd letter to Council re Amended Statement of Intent

 

 

  


HBRIC Ltd letter to Council re Amended Statement of Intent

Attachment 1

 

















   


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

SUBJECT: HBRIC Ltd May 2015 Update

 

Reason for Report

1.      Attached is the report of HBRIC Ltd to Council on its activities over the February, early March 2015 period.

2.      The HBRIC Ltd Chief Executive Andrew Newman, Company Manager Heath Caldwell, and Board of Directors Chairman Andy Pearce will be present at the meeting to speak to the Update.

Decision Making Process

3.      Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act).  Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

 

Recommendation

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

 

 

Liz Lambert

Chief Executive

 

 

Attachment/s

1

HBRIC Ltd May 2015 Update

 

 

  


HBRIC Ltd May 2015 Update

Attachment 1

 

 

HAWKE’S BAY REGIONAL INVESTMENT COMPANY LIMITED (HBRIC Ltd)

Report to Hawke’s Bay Regional Council

27 May 2015

Summary

There has limited activity, particularly on RWSS matters, since our March report.  This report briefly covers the following issues:

·      HBRIC Ltd Strategic Planning and Risk Assessment process;

·      RWSS

·      Progress on debt financing arrangements.

HBRIC LTD Strategic Plan and Risk assessment process

 

A workshop on the HBRIC Ltd draft strategic plan is scheduled for 3 June.

 

In addition to the Strategic Planning process we have had a capital structure assessment undertaken and some aspects of this will also be discussed on 3 June.

 

RWSS development

 

Consent Work-stream

Re: DRAFT BOARD OF INQUIRY DECISION

Introduction

Following the release of the draft BoI RWSS consent decision, we issued a press release indicating that in our view the decision was a significant positive milestone for the Scheme. We note our commentary was limited to the consent conditions aspects of the decision not the aspects concerning plan change 6. Council will have received a separate briefing on the change 6 aspects from HBRC Staff.  We also indicated in that press release that there were some aspects of that decision that we wished to clarify.

Our position based on subsequent more detailed analysis has not fundamentally changed. This is based on our interpretation of the draft decision that, while taking conservative positions wherever possible (presumably to minimise the prospects of a successful further appeal), the Board is indicating a clear wish to grant the RWSS useable consents. The Board emphasises in particular that only the conditions of consent are in issue, not the decision to grant consent (see paragraph [10]) and that, as discussed further below, it is not appropriate for consent applicants like HBRIC Ltd to be required to meet the DIN limit (see paragraphs [84]-[87] and that HBRIC Ltd is entitled to exercise its consents across the entire command area(see paragraph [95]).

RWSS Key Findings

The Board of Inquiry accepted our argument that the Board did not intend and is not bound to amend the RWSS conditions so that they mirror Rule TT1(j) (in its now revised form, and without the deeming provision). The Board stated that it was exercising a discretionary judgement under s104 of the RMA, whereby Change 6 was not determinative.

It also accepted our argument that although the High Court rejected the deeming provision in the former Rule TT1(j), the reasoning that had led the Board to insert the deeming provision (being that it was inappropriate for individual farmers or applicants for resource consent to be required to meet a DIN limit in the receiving water) was not disturbed, and should continue to guide the Board’s resolution of outstanding issues on RWSS conditions.

The Board rejected the conditions suggested by Fish & Game and others that would have required immediate compliance with the DIN limit, on the basis that HBRIC Ltd is entitled to “fully utilise” its consents, and found that those suggested conditions would frustrate the RWSS consents. These are important findings that we return to below.

The Board considered the alternative MCI based conditions that we had proffered on an Augier basis. It accepted that those conditions would have been beneficial to the environment, but found that it had no jurisdiction to impose them (in the absence of agreement by the other parties).

Having rejected the principal suggestions made to it by the appellants, the Board considered the alternative ‘fall-back’ position that Fish & Game had put up seeking to address the frustration argument. The Board agreed that there were “problems” with the condition as proposed by Fish & Game. However, it has applied aspects of the approach underpinning the Fish & Game suggested condition into three condition amendments set out in its draft decision that provide in summary:

a)     A process for reporting on DIN levels and the Scheme’s contribution to those levels;

b)    A process whereby, in the event RWSS is found to be making a material contribution to exceedance of the DIN limit, RWSS supplied farmers will be required to take action consistent with achieving the DIN limit by 2030;

c)     An additional 128 consent condition review power enabling reduction of the LUC leaching rates the Scheme is subject to where necessary to achieve the DIN limit by 2030.

 

Our comments on those draft conditions alongside comments from other parties can be found on the EPA website.  I should note that given the Boi’s confirmation that the MCI based conditions HBRIC Ltd had suggested would be beneficial to the environment, the HBRIC Ltd Board resolved to confirm to the BoI that the company would implement those proposals notwithstanding the Boi’s inability to impose them as conditions. 

We have complied a table setting out each party’s specific relief on the proposed conditions (attached).  Our assessment of the various parties indicates a fair degree of overlap on many issues as all are seeking better clarity.

The principal issues on which HBRIC Ltd has sought clarification are:

-       how RWSS’s contribution to in river DIN levels will be assessed and

-       what the obligation for RWSS farmers to take actions “consistent with” achievement of the DIN limit by 2030 might entail, given the BoI’s confirmation that consent holders should not be required to meet the DIN limit, and the likelihood that DIN contribution from third party activities will mean that achievement of the DIN limit is outside the control of RWSS and the farmers it supplies.

Forest and Bird and EDS’s joint submission helpfully confirms the latter point, seeking to anticipate and provide for that possibility.  Forest and Bird/EDS also seek to clarify how the RWSS contribution to in river DIN levels will be assessed.

Given the extent of overlap between submissions, we have filed a memorandum with the BoI suggesting a mediation session between the parties to reduce the issues that the BoI needs to consider to only those points that are genuinely in dispute.

The BoI has not advised a specific timeframe within which we might expect to receive its final decision.  While our suggestion of mediation on conditions will occupy some time if the BoI determines that that is a useful addition to its process and directs that it occur, we would still hope to have a Final Board decision by mid June or thereabouts.

 

Uptake

Since the draft decision face to face briefings have been undertaken with farmers who have either signed contracts or are in the contracting phase.

 

As of the time of writing this report the following stats are:

 

Pipeline stage

Number of Agreements expressed as Farm IDs

Water volume

% of progress towards target uptake*

Cumulative % against target*

Countersigned

41

15,722 mill m3

39%

 

In contracting process

54

16,299 mill m3

41%

80%

In negotiation & due diligence

160

23,821 mill m3

60%

140%

*Percentages are calculated against the published uptake threshold of 40 mill m3.  As discussed previously this threshold quantity is likely to rise based on contracting of additional deep water transfers.

 

Other relevant stats

 

Farm IDs in the database have been expanded to 408 with a few more to come

 

Irrigable hectares assessed to date are 37,000 ha. We expect that to top out at around 40,000 ha. and based on current projections we expect the RWSS to be able to supply between 27,000-28,000 ha. These data are relevant for water uptake post financial close.

 

To-date approximately 17% of potential properties are not proceeding at this time, representing approximately 4,000 ha of irrigable land. A number of these may well be irrigating in the future under differing tenure.

 

Post the release of the draft BoI decision our focus has been on updating farmers face to face on what the decision means and where the process is at. We continue to spend significant time on clarifying what the 0.8 DIN limit does and does not mean for farmers who will supplied by the RWSS, in contrast with farmers who are not supplied by the RWSS. We will clearly have to repeat this process once a final decision is released.

 

Being able to set a firm deadline for financial close will materially speed up the contracting process however we continue to focus approx. 2 full time equivalents on this workstream and expenditure is running at 2/3rds of budget.

 

Design & Construct

As above we continue to brief the Constructors on the status and process associated with consents.

 

Financing workstream

We continue to brief Investors as necessary on the status and process associated with consents.  Further work is planned for assessing water uptake forecasts as our uptake information improves. With this in mind we are building deeper and much more accurate information in relation irrigable land, land type, landuse capability classes all of which is highly relevant to ultimate land use, environmental performance etc.

 

 

 

HBRIC Ltd Financial REPORT

Table 1 sets out the April 2015 Financial Report for HBRIC Ltd.

The report sets out the actual costs incurred for both the month and the year to date against the full year budget and reforecast to 30 June 2015 (operating) and project budget to 28 February 2016 (RWSS phase 2 development expenditure).

A summary of the key elements outlined in the report for the month of April is as follows:

 

OPERATING INCOME & EXPENDITURE

There was a total of $31,879 of operating expenditure in the month of April with a breakdown of these costs set out as follows:

-      $14,500 for Board Fees for the Chairman and four non-executive Directors.

-      $10,177 for Management Services provided by HBRC staff.

-      $2,000 for Consultancy Fees which includes costs associated with HBRIC Ltd’s strategic planning and formal risk assessment processes, and fees for the independent RWS Board Committee member for the month of April.

-      $5,202 for other expenditure which includes meeting expenses, travel and expenditure for HBRC Internal Staff, Directors and the independent RWS Board Committee member, and accruals for audit fees and insurance.

 

RWSS PHASE 2 DEVELOPMENT EXPENDITURE

The total RWSS Phase 2 Development Expenditure budget to 28 February 2016 reflects the most recent reforecast budget approved by Council on 25 March 2015.

 

Details of the expenditure for the month of April are set out below:

 

RWSS Phase 2 Costs ($143,991)

The $36,423 of HBRC internal staff time for April covers a number of work streams including:

-          Input into DOC land exchange and fish dispensation applications and processes.

-          Ongoing investor negotiations.

-          Work associated with environmental compliance.

-          Work associated with identifying and quantifying downstream user opportunities.

-          Input into various due diligence studies.

-          Ongoing project management.

 

$5,000 accrual for Commercial Legal & Tax Advisory services for the month of April.

 

$23,030 of costs for landowner negotiations which relates to work associated with the approvals for land exchange and fisheries dispensation which have been lodged with the Department of Conservation.

 

$19,421 of costs for environmental compliance mainly relating to costs associated with further analysis of channel efficiencies in the Tukituki and Waipawa Rivers as a means of conveying irrigation water to irrigation zones and other potential downstream users.

$15,298 of technical engineering support costs which includes general D&C support, management of the technical due diligence study, and oversight of the O&M review.

 

$38,351 of Water Contract & Sales Advisory costs which includes work undertaken by the sales team in progressing the water uptake work stream.

 

$6,468 of Other Consultants & Miscellaneous costs.

 

EPA Process Costs ($158,635)

$158,635 of costs for the month of April associated with the High Court’s decision to refer the matter back to the Board of Inquiry.

 

A total budget of $356k was provided in the most recent budget reforecast for the BOI referral process and any possible high court appeal. It was noted at the time that this budget was a best guess as the EPA had provided no indication as to the level of fees expected. The provision was based on the assumption that HBRIC Ltd would meet the entire cost of this process on behalf of itself and Council.

Now that we are four months through this BOI referral process it has become clear that this process has become a lot more complex and drawn out than when the budget reforecast was being developed. Along with the EPA Expenses the consultants costs for supporting this process have exceeded initial expectations. It is forecast that total costs for the BOI referral and any high court appeal will end up at approximately $646k.

HBRIC Ltd management has been in discussions with Council management regarding these cost overruns and has agreed in principle for Council to pick up $200k of these costs being the Plan Change related costs for the process.


HBRIC Ltd May 2015 Update

Attachment 1

 

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

SUBJECT: Monthly Work Plan Looking Forward Through June 2015

 

Reason for Report

1.      The table below is provided for Councillors’ information, to provide them with an indication of issues and activities coming up over the next month in each area of Council.

Group

Area of Activity

Activity Status Update

External Relations/
CE’s office

 

Long-Term Plan – preparation of responses to submissions, and hearings.

Key sponsor of National Horticultural Field Day to be held on Friday 5 June at A&P Showgrounds

HBRC/HBRIC Strategic workshop

Corporate Services

 

- Amending draft LTP financials to reflect changes since the draft was compiled – eg, interest rates.

- LTP consultation meetings on 8 – 10 June 2015.

- First meeting of Finance, Audit and Risk Committee on 3 June 2015.

- Finalising Pricewaterhouse Coopers internal audit.  Report to be presented to the Finance, Audit and Risk Committee.

Civil Defence & Emergency Management

Emergency Readiness & Response

 

 

 

 

 

Reduction

Review of the region’s control and coordination facilities including TLA emergency operations centres and Group emergency coordination centre now complete.  Implementation plan now being developed

In conjunction with these reviews developing detailed Group Work Programme to implement Group Plan.

Planning for major Group exercise 11-12 November 2015 is progressing well.  Training of staff in preparation for exercise has commenced.

Ministry of Civil Defence Emergency Management monitoring and evaluation of the Hawke’s Bay Group commences in June

Asset Management & Biosecurity

Coastal

 

 

 

 

Biosecurity

 

Coastal strategy development continues.  The next milestone is the completion of hazards assessment to draft stage.  This is programmed for early July and is expected to be completed in accordance with the project programme

The Cape to City widescale predator control project is underway. The initial wireless trial will be expanded to 5-6 areas within the region and outcomes monitoring (birds, invertebrates, skinks, toxoplasmosis) will begin to be put in place.

HBRC staff continue help lead a collective Regional Pest Management Plan process with other RC staff. Possible opportunities for RPMP rule alignment are an early part of the collective discussion.

The National Policy Direction under the Biosecurity Act 1993 will be promulgated in early June/July 2015.

Asset Management & Biosecurity

Engineering

 

The gravel resource and supply and demand assessment reports expected to be completed and circulated to gravel extractors once they are to hand.

A programme for levels of service reviews for the Heretaunga Plains drainage areas is progressing.

Upper Tukituki Scheme review programme is being progressed. 

Asset Management & Biosecurity

 

Land Management

· Nathan Heath has been appointed Acting Land Manager for the next 15 months. Campbell Leckie will continue to cover the biosecurity and biodiversity aspects of the Land Services Group. This arrangement will enable Campbell to dedicate additional time to the Cape to City project over the next 15 months.

· Following on from meetings with experienced farm plan providers and Ecan, the LM team is coordinating the development of frameworks for the auditing of farm plans and the accreditation of farm plan providers.

· Approximately 20,000 plants are being delivered in early June for wider distribution as part of the riparian plant scheme.

· RLS project assessments for the next financial year’s on-ground funding grants will be carried out in June.

Resource Management

 

Compliance

The Central Hawke’s Bay District Council Wastewater Treatment plant at Waipawa is required to have a new clarifier refitted by 25 April and installed by 8th May. Will continue to work with CHBDC to ensure time frames [as set out in the abatement notice] are being met. The clarifier has been refitted and installed at the Waipawa site with promising results. An independent engineers report on the performance is to be provided by 8th July 2015.

The Central Hawke’s Bay District Council Wastewater Treatment plant at Waipukurau is required to have the installation of a new clarifier by 29 May. Will continue to work with CHBDC to ensure time frames [as set out in the abatement notice] are being met. CHBDC are on target with the completion.

Te Mata Mushrooms have ongoing odour discharge problems and have not completed the construction of an enclosed building as required by their resource consent. We continue to work with the company and residents to find a solution. Legal advice has been obtained, a compliance team recommendation made and enforcement action is being considered

- Work is continuing on a region wide risk assessment and review of the current navigational safety work programme due for completion by 1 July 2015.

Resource Management

 

Science

Environet Ltd is carrying out an Air Emissions Inventory, including a phone survey of residents.

PM10 monitoring at Port Ahuriri School is underway and will continue until April 2016.  Planning work continues to reconfigure the Awatoto and St John’s College PM10 monitoring sites to allow additional PM2.5 monitoring.

An Envirolink study looking at the drivers of extreme weather events (droughts, heavy rainfall) and should be completed in June.

Work on the 5 year State of the Environment Air Quality report continues.

Land use mapping continues in the TANK catchments

Ngaruroro Biodiversity report to be reviewed

S-mapping (soil mapping) to continue in the TANK catchments

Sediment modelling continuing in the TANK catchments

The land-science sections of the Mohaka Characterisation report are under review

Upgrade of iQuest loggers continues

Waiau at Otoi site will be transferred from NIWA to HBRC

Parks Peak rain gauge site will receive a full upgrade

Weed surveys will be undertaken to understand effect of diquat herbicide

Tukipo gauging weir will be repaired and refurbished

Envirolink medium advice grant focused on developing a decision support system for management of intermittently open and closed lake/lagoons (ICOLLs), specifically directed at Whakaki Lake will continue

Preliminary results of model simulations from University of Waikato Lake Tūtira work, investigating alternative management scenarios for the lake will be received

Ongoing trials will occur to test potential ramps for overcoming fish barriers – looking at designs for pre-fabricated fish ramps

Cawthron Institute is continuing to work on MCI regional optimisation, improving current MCI predictive models to suit regional studies and regional limit-setting

Stream Ecological Valuation (SEV) fieldwork on the Papanui Stream will be completed

Cawthron will progress analysis of impacts of Taharua outflows on trout food availability in the upper Mohaka River

Fieldwork investigating water quality and salinity of Whakaki Lake will progress

Work on State of Environment 5 year Water Quality and Ecology technical reports will continue

-       Work continues on developing the TANK steady-state groundwater model, including updating to a coupled groundwater/surface water flow model

-       Data on spatial-oxygen distributions in the Karamu catchment will be examined

Preparation of data and reports for surface water and groundwater State of the Environment technical reports continues

Resource Management

Consents

· NCC Thames Tyne stormwater consent application process – 13 submissions received. Prehearing held 26 February. Parties’ conferencing on conditions. Looking at a second prehearing.

· Twyford Global consent applications. Raupare semi-confined global issued. Ngaruroro – unconfined aquifer limited notified received 2 submissions. Prehearing was being organised for March but application has been placed on hold. An alternative application has been lodged which has removed the provision for emergency water. Issued on 19th May.

· Pan Pac application to extend their outfall from 440m to over 2,000 m off shore limited notified and received 3 submissions. Two prehearing meetings were held in March. Arising from these Pan Pac are undertaking tests of mussels found on, and in the vicinity of the current pipeline and are looking at commissioning a Cultural Impact Assessment. The reports are being prepared and due in June. A further prehearing is anticipated in June. 

· “Tranche 2” water. Applications have been received from HBRIC, Bostocks, Te Awahohonu Forest Trust (Gwavas Station), Ingleton Farms and R Jensen for Tukituki Tranche 2 water and are on hold.

· Replacement and review of Ruataniwha groundwater consents is in process. 10 have requested a review of annual volumes calculated. This has been completed and annual volumes determined for each consent. Notices of review will be sent in May and July.

· Ngaruroro catchment consents that have Ngaruroro River minimum flow conditions are expiring at the end of May. All current consent holders have lodged applications to replace these. Staff will process these as a group. Notification decision is pending.

· CHBDC, Waipukurau and Waipawa wastewater treatment consents change of conditions and review in process but awaiting detail on additions to treatment.

· NCC application for coastal protection structure at Whakareri Ave remains on hold.

· TAG application for an oil exploration bore at Boar Hill remains on hold.

Strategic Development

 

Transport

The Napier Port Access Business Case is under preparation by NZTA – this investigation forms part of a programme of works around the country which the Government has fast-tracked through a special allocation of funding during 2014.  The Regional Transport Committee is taking a special interest in this due to emerging congestion issues on the Expressway and predicted growth in freight movement through the Port of Napier.

Presentations to all councils on the draft Regional Cycle Plan are now complete. Feedback has been positive and there has been good public interest also, with a number of suggestions for improvement. .

Tender documents are under preparation for the re-tendering of the Napier Hastings bus service during July. The new contract commences in July 2016.

The Hawke’s Bay Road Safety Expo  ran successfully again during May with all Year 11 students from the region’s high schools attending one of the twice daily sessions during the week of 11-15 May.

The “Just Another Saturday Night” road safety education programme has been selected as a finalist for a   national Police award. The Problem-Oriented Police Award - known as the POP Award – recognizes excellence in the skills needed to support long term sustainable crime prevention and reduction. Road Safe Hawke’s Bay manager Linda Anderson and police personnel will travel to Auckland for the award presentations in late May.

Strategic Development

 

Resource Management Planning

Comments on Draft decision from Board of Inquiry for Tukituki Plan Change 6 closed on 15 May.  Board’s final decision is expected end of May.

In relation to last points of Hawke's Bay Fish and Game’s appeal on Change 5 regarding wetland provisions, a wetland expert is to undertake mapping extent of six ephemeral wetlands in June/July.

Work continues on PC6 Implementation Plan across Council groups.

TANK Group meeting #16 scheduled for 30 June 2015. Further meetings are currently being scheduled to fit work programme.  ‘Drop-in’ workshop on identifying and mapping values was held on 19 May at HBRC.

Annual report on HBRC’s progressive implementation of the NPS for Freshwater Management will need to be prepared for consideration by the Regional Planning Committee at its meeting on 15 July 2015.

Annual report on the Regional Planning Committee’s activity will need to be prepared for consideration by the RPC at its meeting on 15 July 2015.

Setup phases continue for project funded by MfE’s Community Environment Fund ($80K) to develop criteria and methodology for the identification of ‘outstanding freshwater bodies’ in the context of the NPSFM2014.

Regional Biodiversity Strategy Steering Group has worked through public feedback received on the Draft strategy and the document is being finalised for Council’s consideration.

Independent commissioner appointed by HDC has approved applications for Whakatu arterial roading designation.

Hastings DC’s district plan hearings continue.  HDC’s decisions on all plan topics and submission are anticipated late August.

-  Napier CC District Plan Change 10 hearing held 23 March.  NCC’s decisions are pending.

- All parties involved in HBRC’s appeal against Hastings DC’s decision to grant consent for 15 lot subdivision at Whirinaki have agreed to participate in Environment Court-assisted mediation.  No date for mediation has been scheduled yet.

Strategic Development

 

Economic Development

Business Hub – Open Day on 22 May and continued promotion and support of the Hub.

REDS – Governance Group has been established and convened. Interview process underway. Innovation Café to be held on Friday 19 June.

Maori Economic Development – Finalise engagement of facilitator to conduct interviews with Maori organisations in a manner aligned with the REDS process. This data will feed into REDS as well as being the subject of a summary workshop with those organisations, with a view to identifying the preferred pathway (and resourcing requirements) to establish a regional Maori Economic Development Strategy.

Wairoa Agribusiness – Evaluation of Wairoa Horizon Trust’s request to fund a regional business development project.

Infant Formula (Non-bovine Dairy) – Symposium to be held in Napier on 2 July. BHB leading the management of this initiative.

RWSS – continue supporting RWSS workstreams where appropriate.

 

Decision Making Process

2.      Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that as this report is for information only and no decision is required in terms of the Local Government Act’s provisions, the decision making procedures set out in the Act do not apply.

 

Recommendation

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

 

 

Mike Adye

Group Manager
Asset Management

Helen Codlin

Group Manager
Strategic Development

Paul Drury

Group Manager
Corporate Services

Ian Macdonald

Group Manager/Controller  Hawke's Bay Civil Defence Emergency Management

Iain Maxwell

Group Manager
Resource Management

Liz Lambert

Chief Executive

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

Subject: Minor Items not on the Agenda

 

Reason for Report

This document has been prepared to assist Councillors note the Minor Items Not on the Agenda to be discussed as determined earlier in Agenda Item 6.

Item

Topic

Councillor / Staff

1.   

 

 

2.   

 

 

3.   

 

 

4.   

 

 

5.   

 

 

 

 

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 May 2015

SUBJECT: Confirmation of Public Excluded Minutes of the Regional Council Meeting held 29 April 2015

That the Council exclude the public from this section of the meeting being Agenda Item 16 Confirmation of Public Excluded Minutes of the Regional Council meeting held 29 April 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

159 Dalton Street Building Remediation Settlement

7(2)(c)(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 is subject to an obligation of confidence or which any person has been or could be compelled to provide and would be likely otherwise to damage the public interest

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.

 

 

 

 

Liz Lambert

Chief Executive