MINUTES OF A meeting of the Regional Council
Date: Wednesday 27 May 2015
Time: 9.00 am
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Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
R Barker
P Beaven
T Belford
A J Dick
R Graham
D Hewitt
D Pipe
C Scott
In Attendance: M Mohi – Chairman – Maori Committee
E Lambert – Chief Executive
P Drury – Group Manager Corporate Services
I Maxwell – Group Manager Resource Management
L Hooper – Governance & Corporate Administration Manager
The Chairman welcomed everyone to the meeting and Councillor Beaven offered the prayer.
The Chairman gave notice that the Governor General is in HB on 10 June and has requested that the Chairman attend a meeting with him that morning. As a result, the Chairman extends his apology for absence from the Long Term Plan submissions Hearing for the morning of Wednesday 10 June 2015.
With
the permission of the Chairman, Councillor Scott, under standing order 3.8.12,
read a personal statement relating to events over the previous weekend. Cr
Scott advised that a protest group was directed to her residence by another
Councillor who incorrectly advised the Group that Cr Scott is responsible for
degradation of the Tukituki and that certain identified councillors are
‘in favour’ of water bottling. Cr Scott advised that in her role as
Hearings Commissioner, all decisions on resource consents over the years have
been upheld when challenged through the Environment Court – a record to
be proud of and a KPI to which staff work. Council has a duty to process
consent applications in accordance with the RMA and environmental effects based
on scientific evidence. Any change to the ‘first come, first serve’
granting of water take consents must be done through the RMA.
Amended by Council resolution on 24 June 2015.
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 29 April 2015
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Minutes of the Regional Council Meeting held on Wednesday, 29 April 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record as amended. CARRIED |
4. Matters Arising from Minutes of the Regional Council Meeting Held on 29 April 2015
There were no matters arising from the minutes.
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Follow-up Items from Previous Regional Council Meetings |
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Mr Maxwell clarified the advice provided to Councillors in relation to Council liability in its role as regulator for dam consents, and further advised that because the building consents are issued by Waikato Regional Council under delegation from all North Island regional councils, WRC holds liability. In response to a query around resource consent applications to take water, Mr Maxwell explained that the TANK process being ‘worked through’ as it relates to water take resource consents and related policy could be communicated more widely to the public to better inform the community. Mrs Lambert further advised that Council will undertake a ‘communications’ exercise to get the information about the policies and processes around this issue out into the public domain. Mrs Lambert and Mr Maxwell further explained the RMA and Regional Resource Management Plan requirements on notification and limited notification (to those directly affected) which must be adhered to. It is not possible to ‘publicly’ notify all applications to take water, for example, if there is not an RMA or an RRMP requirement to do so.
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1. That Council receives the report “Follow-up Items from Previous Regional Council Meetings”. CARRIED |
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Call for Any Minor Items Not on the Agenda |
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That Council accepts the following minor items not on the Agenda, for discussion as Item 15 1. A Farmers Guide (Cr Wilson) 2. Energy Futures meeting (Cr Belford) 3. Appointment of Alternative to Coastal Strategy Joint Committee (Cr Scott) 4. Massey University Forum (Cr Graham) |
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Affixing of Common Seal 1. The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.
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That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Confirms the action to affix the Common Seal. CARRIED |
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Recommendations from the Environment & Services Committee |
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Councillor Beaven, as Deputy Chairman of the E&S Committee, introduced the paper, which was taken as read. |
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The Environment and Services Committee recommends that Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 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).
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 CARRIED |
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Recommendations from the Regional Planning Committee |
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Mrs Lambert provided an overview of the discussions at the meeting relating to Mana Ake – Collective Iwi Management Plan for Heretaunga Hapu and the RPC Terms of Reference. |
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The Regional Planning 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. Mana Ake – Collective Iwi Management Plan for Heretaunga Hapu 3. 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 4. Agrees with the proposed amendments, and any further amendments agreed at the 20 May 2015 Committee meeting. 5. 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; 5.1. Water Quantity Allocation Policy and Consenting Processes 5.2. Tukituki Plan Change 6 – Update on Board of Inquiry Review Process 5.3. Environment Court Decision On Change 5 Appeal and notes that the motions to receive 5.1 and 5.2 were defeated by the Committee. CARRIED |
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HBRIC Ltd 2015-16 Statement of Intent |
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Mr Drury stepped through the amendments made to the updated version of the 2015-16 Statement of Intent as per the ‘track changes’ version provided to Councillors. It was agreed that Council will develop a definition of ‘Ethical’ investment, which will then be shared with HBRIC Ltd for its adoption and possible insertion in the 2016-17 Statement of Intent. Discussions traversed the RWSS rate of return to Council, responsibilities of HBRIC Ltd and its directors as different to HBRC’s responsibilities, and Parent versus Group performance targets, as well as the limits for borrowing. Secretarial note requested by Chairman for clarity: · 25 March 2015 resolution “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 $2 million for ongoing operational expenses up to financial close, ...” does not relate to the SoI clause 4. Nature and Scope of Activities, which states “Raise funds for investment by raising 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 in …” · Further 25 March 2015 resolution specifically relates to RWSS, being “Notes that if expenditure on geotechnical works is required prior to financial close HBRIC Ltd will bring a formal proposal to Council for approval of such expenditure.” |
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That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. 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. Cr Barker moved amendment, seconded by Cr Belford; being: 3. Considers the issues discussed in this paper and, if appropriate, approves, subject to the inclusion of the amendment of section 4, bullet point 9 to read “raise funds for investment by issuing bonds, mortgages, preference shares and other debt instruments (with the approval of Council for any sum greater than 1% of the value of HBRIC Ltd), 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. Barker/Belford For: Graham, Beaven, Barker, Belford Against: Dick, Hewitt, Scott, Pipe, Wilson LOST The amendment was LOST and therefore the substantive MOTION was put. 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. For: Dick, Hewitt, Scott, Beaven, Pipe, Wilson Against: Graham, Barker, Belford CARRIED |
The meeting adjourned at 10.30am and reconvened at 10.50am
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HBRIC Ltd May 2015 Update |
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Dr Andy Pearce, HBRIC Ltd Chairman, Mr Andrew Newman, HBRIC Ltd Chief Executive and Mr Heath Caldwell, HBRIC Ltd Company Manager spoke to the report updating Council on HBRIC and RWSS activities over the last month. Dr Pearce provided an overview of the RWSS consent process to date, including the appeals to the High Court and subsequent re-consideration of the consent conditions by the Board of Inquiry as well as HBRIC’s offer to the BoI to ‘caucus’ the comments received on the new Draft decision. There was a query in relation to the comments HBRIC Ltd legal counsel submitted to the Board of Inquiry relating to the contribution of the scheme to DIN levels in terms of establishing a base line so that RWSS is ‘responsible for’ the difference between the baseline and any levels above that. Mr Newman, in response to a query, explained the use of the ‘published threshold of 40M m3’ as a measure of progress against the uptake threshold. Further discussion traversed gaining and losing reaches and water from the RWSS getting to users in the lower reaches of the Tukituki, an explanation of the 0.8 DIN limit requirements for farms on the scheme (already consented) as different to requirements or farms outside the scheme who will need a consent if they don’t meet the permitted activity rule TT1(j), a price revalidation process with the D&C company given the one year start delay, and the HBRIC financials. In response to a query, Mr Newman provided an explanation of the Department of Conservation land exchange process and the current status. |
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1. That Council receives the “HBRIC Ltd and RWSS March 2015 Update” report. CARRIED |
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Monthly Work Plan Looking Forward Through June 2015 |
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Responding to queries, Mr Maxwell explained the Ngaruroro water take consents renewal process, Cawthron’s MCI research work as part of a national programme being led by NIWA, and the ability of the St John’s air quality monitoring station to monitor for PM2.5. Mr Adye was able to advise that ‘financial’ queries raised at the Environment and Services Committee meeting relating to the Upper Tukituki scheme have been resolved, and how Council’s bulk purchasing of plants is able to assist community-led planting projects through savings on the costs of the plants. Further discussion traversed the Te Mata Mushrooms resource consents, a recent flooding event at Kopuawhara and the forestry harvesting practices that contributed to the log-jam as well as any possible damage to the Kopuawhara Scheme infrastructure. Mr Ayde shared photos taken by staff who did a fly-over of the area. It was suggested that KiwiRail should be advised of a culvert washout shown in the photos. |
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1. That Council receives the Monthly Work Plan Looking Forward Through June 2015 report. CARRIED |
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Chairman's Monthly Report for May 2015 |
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The Chairman spoke to his tabled report, adding detail in relation to meetings with Craig Foss and Citizens Environmental Advocacy Centre, as well as the Treaty Workshop, the Roadsafe Youth Alcohol Expo and the Wairoa LTP public meeting. |
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1. That the Chairman's Monthly Report for May 2015 be received. CARRIED |
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Minor Items Not on the Agenda |
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Confirmation of Public Excluded Minutes of the Regional Council Meeting Held on 29 April 2015 |
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That the Council exclude the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 16 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:
CARRIED |
16. Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 29 April 2015
RC43/15 Minutes of the Regional Council Meeting held on Wednesday, 29 April 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.
Scott/Hewitt
CARRIED
17. Matters Arising from the Public Excluded Minutes of the Regional Council Meeting Held on 29 April 2015
There were no matters arising
Resolution
RC44/15 That the meeting moves out of Public Excluded session.
Scott/Beaven
CARRIED
The meeting went into public excluded session at 12.30pm and out of public excluded session at 12.35pm
Closure:
There being no further business the Chairman declared the meeting closed at 12.35pm on Wednesday 27 May 2015.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................