MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 29 July 2015

Time:                          9.00 am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     F Wilson - Chairman

R Barker

P Beaven

A J Dick

R Graham

D Hewitt

D Pipe

C Scott

 

In Attendance:          M Mohi – Chairman – Maori Committee

P Drury – Group Manager Corporate Services

I Maxwell – Group Manager Resource Management & Acting CE

L Hooper – Governance & Corporate Administration Manager

G Ide – Manager, Strategy & Policy

H Caldwell – Management Accountant

A Uytendaal – Team Leader Water Quality & Ecology

T Wilding – Senior Scientist

 


1.       Welcome/Prayer/Apologies/Notices

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

Resolution

RC19/15     That the apology for absence from Councillor Tom Belford is accepted, and that Mrs Lambert’s absence on leave is noted.

Barker/Beaven

CARRIED

The Chairman distributed an information card about nutrient management provided by Beef & Lamb, and advised the launch last night of a book about Tutira. The Chairman then introduced Dean Roughton and Rod Dickson, who showed Councillors the national award HBRC received for the urban pest control programme.

Councillor Scott gave notice that a Hearings Committee meeting will be held immediately following the Council meeting today, to confirm membership of the Pan Pac hearing panel.

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Regional Council Meeting Held on 24 June 2015

RC20/15

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 24 June 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record as amended.

Hewitt/Dick

CARRIED

 

4.       Matters Arising from Minutes of the Regional Council Meeting Held on 24 June 2015

There were no matters arising from the minutes.

 

5.

Follow-up Items from Previous Regional Council Meetings

 

Mr Iain Maxwell updated the Council on the status of the follow-ups. In relation to the Te Mata Mushrooms prosecution, and in response to a query, Mr Maxwell advised that when considering enforcement action, meeting the requirements of conditions of consent are considered based on their individual merits and circumstances.

RC21/15

Resolution

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

Scott/Pipe

CARRIED

 

6.

Call for any Minor Items not on the Agenda

 

Recommendation

That Council accepts the following minor items not on the Agenda, for discussion as Item 17:

1.   Coastal Hazards (Cr Beaven)

2.   Upper Tukituki Scheme Review (Cr Hewitt)

 

7.

Affixing of Common Seal

1.       The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.

 

 

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1     Lot 279

          DP 10775

          CT  B2/1134

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.2     Lot 136

          DP 2172

          CT  55/213

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.3     Lot 87

          DP 12780

          CT  E1/747

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.4     Lot 105

          DP 10572

          CT  E2/395

-     Transfer

 

1.1.5     Lot 61

          DP 14451

          CT  G2/749

-     Transfer

 

1.1.6     Lot 198

          DP 10728

          CT  C2/1017

-     Agreement for Sale and Purchase

 

1.1.7     Lot 186

          DP 13217

          CT  E4/434

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.8     Lot 69

          DP 13693

          CT  F2/11296

-     Agreement for Sale and Purchase

-     Transfer

 

 

 

 

3859

3689

 

 

 

 

3860

3861

 

 

 

 

3862

3863

 

 

 

 

3864

 

 

 

 

3685

 

 

 

 

3686

 

 

 

 

3687

3688

 

 

 

 

3690

3691

 

 

 

 

 

19 June 2015

3 July 2015

 

 

 

 

19 June 2015

19 June 2015

 

 

 

 

19 June 2015

19 June 2015

 

 

 

 

26 June 2015

 

 

 

 

2 July 2015

 

 

 

 

2 July 2015

 

 

 

 

1 July 2015

3 July 2015

 

 

 

 

15 July 2015

15 July 2015

 

 

RC22/15

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Confirms the action to affix the Common Seal.

Scott/Beaven

CARRIED

 

8.

Karamu Catchment - In-stream Flows for Oxygen

 

Mr Iain Maxwell introduced Dr Thomas Wilding, Senior Scientist, author of the report. Dr Wilding advised that this investigation will help to inform the TANK process, outlined the findings of the report and explained what those findings mean in practical terms.

There was discussion around possibilities for ‘augmenting’ the flow in the Karamu from dams or other sources to increase flows or to create obstacles to provide increased aeration in order to improve oxygen levels in the catchment.

RC23/15

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Formally approves the Karamu Catchment - In-stream Flows for Oxygen report for publication and public release.

Graham/Beaven

CARRIED

 

9.

Hawke's Bay Biodiversity Strategy

 

Mr Maxwell provided an overview of development of the Strategy, the document itself,  the outcomes the Strategy is seeking and the vision going forward in implementing and delivering the strategy.

RC24/15

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Endorses the Hawke’s Bay Biodiversity Strategy and signs the Biodiversity Accord at the highest level of commitment possible.

3.      Facilitates the Strategy’s launch through a public function in August or September 2015.

Pipe/Hewitt

CARRIED

 


 

10.

Notice of Motion from Councillor Peter Beaven

 

Notice of Motion moved by Cr Peter Beaven and seconded by Cr Barker.

Cr Peter Beaven provided the rationale for moving the Notice in response to messages he took away from attendees at a recent hui in Hastings. Those messages were: 1. HBRC has not consulted properly with iwi on water and how it should be managed; 2. Frustration that HBRC is not showing leadership on water; and 3. concern at proliferation of consents granted for water bottling plants on a non-notified basis. Council needs to step up and buy time to get management of the region’s water right. Need to agree priorities for the water through the TANK process. Notice of motion is intended to establish some constraints around the issuing of significant further consents for water and buy Council time to give the TANK process some validity to consider more accurate science and better information from the community on what they consider their priorities for water are.

Questions and discussions traversed:

·         Possible impacts on the TANK collaborative process and the science required to inform that process, including the TANK group’s evaluation of community values and possible ‘priorities’ for the use of the water.

·         Mr Maxwell’s understanding is that a report back to Council will provide ‘options’ for Council to consider whether it’s possible to establish interim groundwater limits, including resources required and impacts on existing science work programmes, specifically any that may delay the TANK process further.

·         Science information on the amount of water being ‘used’ is being provided by the water metering system, with the majority of takes now having had meters installed and returning water use volumes.

·         Issues around community perceptions and lack of understanding in relation to water, water take resource consent processes, the amount of water available and what water is used for, particularly bottled water going overseas.

RC25/15

Resolutions

That Council instructs staff to:

1.      investigate options for developing an interim limit for groundwater on the Heretaunga Plains

2.      report back with options available to achieve this by the end of August 2015.

Beaven/Barker

CARRIED

 

The meeting adjourned at 10.35am and reconvened at 10.50am

 

12.

RWSS Resource Consents Legal Opinion

 

Mr Maxwell introduced Matt Conway, Senior Associate with Simpson Grierson, who first provided background information and explanation of terms such as plan provisions, planning framework, permitted activity rules, and resource consents and resource consent conditions.

In response to queries, there was discussion and clarification in relation to:

·         RWSS must meet conditions of the resource consents that have been granted, farmers outside the scheme will need to meet the permitted activity rule TT(1)(j) or apply for a resource consent and then meet the conditions of that resource consent as granted

·         LUC leaching limits (set for each farm in its Farm Environment Management Plan) are the primary control for achieving the DIN targets in the receiving environment by 2030

·         The 5 year rolling average period commencing 24 months prior to any water being taken from the RWSS

·         Technical assessments and procedural guidelines will be developed for assessing whether a ‘material contribution’ is made to increased DIN levels

·         DIN target applies in the waterway, at monitoring points, and not on individual farms

·         LUC leaching rates and how those are used to determine whether an activity is ‘permitted’ or needs to apply for a resource consent

·         Nitrogen pathways into waterways, lag times, and capture zones and what HBRC as ‘regulator’ needs to know or determine in order to manage nutrient levels in the waterways and possible actions farmers will need to take to address exceedences of nutrient limits

·         RWSS will also monitor ecosystem health using MCI, of which DIN is 1 of several measures and not the primary measure

·         Monitoring data is provided by consent holders, for Council (regulator) to assess and ‘confirm’ when assessing compliance with resource consent conditions, as will be the case with RWSS

RC26/15

Resolution

1.      That Council receives and takes note of the RWSS Resource Consent Legal Opinion received from Simpson Grierson.

Scott/Dick

CARRIED

 

13.

HBRIC Ltd and RWSS June-July 2015 Update

 

Dr Andy Pearce, HBRIC Ltd Chairman, first introduced Mr Robinson – HBRIC’s legal counsel for RWSS Board of Inquiry consents process.

Dr Pearce then spoke to the re-valuation of Napier Port carried out by Deloitte and the HBRIC recommendation that Council adopts the mid-point valuation recommended by Deloitte.

Dr Pearce spoke to the RWSS condition precedent of workable consents, and the HBRIC Board’s recommendation that Council accepts that the condition has been met, providing an overview of the land use consent conditions and considerations of the Board in determining that the resource consents granted by the Board are ‘workable’, including different scenarios used in those considerations.

The meeting adjourned at 12.40pm and reconvened at 1.05pm

Mr Andrew Newman provided an update on water uptake for the RWSS scheme and on the status of discussions with investors, as well as where the DoC ‘land swap’ process is at.

Mr Heath Caldwell spoke to the financial report, which was taken as read.

Mr Newman, in response to a query, advised that the HBRIC communications approach moving forward will be more proactive in delivering accurate information and correcting misinformation.

RC27/15

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue.

2.      Receives and notes the HBRIC Ltd and RWSS June-July 2015 Update report.

For: Dick, Hewitt, Scott, Beaven, Pipe, Barker, Wilson

Against: Graham

CARRIED

3.      Accepts the HBRIC Ltd recommendation that Condition Precedent 1:

       “the EPA granting satisfactory resource consent conditions for RWSS infrastructure and operations, which in turn are recommended as being workable by all investors

has been met, subject only to confirmation by other investors.

Scott/Pipe

For: Dick, Hewitt, Scott, Pipe, Wilson

Against: Graham, Beaven, Barker

CARRIED

 

14.

Valuation of HBRIC Ltd

 

Mr Drury outlined the process carried out to determine the revaluation of Napier Port and the recommendation to Council from Deloitte to adopt the ‘mid-point’ of the range as the new value of Napier Port, being $$238.4M, and the subsequent revaluation of HBRIC Ltd shares at $235.22M.

RC28/15

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Agrees to revalue its shareholding in HBRIC Ltd from $177.50 million to $235.22 million as valued by Deloitte in accordance with Council’s policy for valuing its shareholding in HBRIC Ltd.

Beaven/Scott

CARRIED

 

11.

Proposed National Environmental Standard for Plantation Forestry

 

Mr Gavin Ide introduced the item, explaining the time constraints as the rationale for staff requesting that staff be delegated authority to lodge a submission.

There was discussion around the implications of the NES on existing plantation foresters and the process by which the final submission will be developed.

RC29/15

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Agrees that the process for determining the substance of the submission will be the circulation of a draft Submission to all councillors for feedback and input, with final approval by the Chairman.

Barker/Dick

CARRIED

 

15.

2015 Regional Residents' Survey

 

Mr Drew Broadley provided background information about how the survey is conducted before highlighting the results showing that the majority of the community feels that the work HBRC does is valuable and were satisfied with the service they received when dealing with the council.

RC30/15

Resolution

That Council receives and notes the “2015 Regional Residents' Survey” report.

Scott/Pipe

CARRIED

 

16.

Monthly Work Plan Looking Forward Through August 2015

 

Mr Maxwell responded to queries in relation to CHB wastewater discharges, dates for upcoming field trips/ workshops, NCC district plan change and the Pataka mapping tool.

RC31/15

Resolution

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

Hewitt/Dick

CARRIED

 

17.

Minor Items Not on the Agenda

 

 

Item

Topic

Councillor / Staff

1.   

Costal Hazards Strategy development

Meeting last week was presented with Richard Reinen-Hamill report which is now being peer reviewed. Final report expected to be made public after the September Joint Committee meeting.

Cr Beaven

2.   

Upper Tukituki Scheme Review has commenced and is progressing well

Cr Hewitt

 

 

 

18.

Chairman's Monthly Report - July 2015

 

There was no report for July.

RC32/15

Resolution

1.      That the Chairman’s Monthly Report for July 2015 be left to lie on the table.

Wilson/Pipe

CARRIED

  

19.

Confirmation of Public Excluded Minutes of Meeting Held on 24 June 2015

RC33/15

Resolution

That the Council exclude the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 19 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

Draft Interim Audit Findings for Annual Report Year Ended 30 June 2015

7(2)(g) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to maintain legal professional privilege

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

 

Beaven/Scott

CARRIED

 

The meeting went into public excluded session at 2.40pm and out of public excluded session at 2.45pm

 

19.     Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 24 June 2015

RC34/15     Minutes of the Regional Council Meeting held on Wednesday, 14 June 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Scott/Pipe

CARRIED

20.     Matters Arising from the Public Excluded Minutes of the Regional Council Meeting Held on 24 June 2015

There were no matters arising

 

Resolution

RC35/15     That the meeting moves out of Public Excluded session.

Scott/Beaven

CARRIED

 

Closure:

There being no further business the Chairman declared the meeting closed at 2.45pm on Wednesday 29 July 2015.

 

Signed as a true and correct record.

 

 

 

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