MINUTES OF A meeting of the Regional Council
Date: Wednesday 26 August 2015
Time: 9.00 am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
R Barker (from 12pm)
P Beaven
T Belford
A J Dick
R Graham
D Hewitt
D Pipe
C Scott
In Attendance: M Mohi – Chairman – Maori Committee
I Maxwell – Group Manager Resource Management
E Lambert – Chief Executive
M Adye – Group Manager Asset Management
H Codlin – Group Manager Strategic Planning
P Drury – Group Manager Corporate Services
L Hooper – Governance & Corporate Administration Manager
S Swabey – Manager Science
M Miller – Manager Consents
G Ide – Manager Strategy and Policy
The Chairman welcomed everyone to the meeting and then Councillor Hewitt offered the prayer.
Councillor Barker’s apology for lateness was extended and Mr Mohi advised the need to excuse himself at 12.30pm.
Councillor Beaven advised that he will take leave to attend an overseas conference in late September and so will not be in attendance for the September Council meeting.
Chairman Wilson advised that he has requested an update on the Panpac Kiln, to be provided as a minor item (agenda item 20).
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 29 July 2015
Minutes of the Regional Council Meeting held on Wednesday, 29 July 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. CARRIED |
4. Matters Arising from Minutes of the Regional Council Meeting Held on 29 July 2015
There were no matters arising from the minutes.
Follow-up Items from Previous Regional Council Meetings |
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Mr Maxwell updated the Council on the status of the follow-ups from previous meetings. In response to a query, Councillors were advised that ‘explanations’ are not required to be provided under LGOIMA. |
1. That Council receives the report “Follow-up Items from Previous Regional Council meetings”. CARRIED |
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 20: 1. Pan Pac kiln (Wilson) 2. Nature preservation zones (Belford) 3 Radio NZ (Belford) 4 Year of Soils (Scott) 5 River mouths (Beaven) |
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 |
Save Our Aquifer Petition to Hawke's Bay Regional Council |
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Mr Bailey opened by congratulating HBRC staff for the successful Symphony of Soils event held last night. In introducing the Petition, Mr Bailey outlined the concerns voiced around Council’s granting of water take consents for water bottling that gave rise to the petition. Mr Bailey stated that he realises a ‘moratorium’ is legally challenging, and that the intent of the petition is to support the Notice of Motion moved by Councillor Beaven at the 29 July Regional Council meeting. The petition seeks to have Council put a hold on issuing any new consents to take water and any applications to vary the amounts taken under current consents. In the absence of applications being put ‘on hold’ or a moratorium, Mr Bailey stated support for Option 4 in the Item 9 report.
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1. That Council formally receives the Save Our Aquifer Petition. 2. That Council declines the request to impose a moratorium on any new or amended water take consents from the Heretaunga Aquifer for the reasons noted in this paper. CARRIED |
Heretaunga Plains Groundwater |
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Mr Maxwell, GM Regional Resources, explained the resource consent process and that resource consents are not perpetual, but expire within a set period and are subject to review clauses. Dr Stephen Swabey explained the science underlying the water model being developed, along with the extent and reliability of the data available. Queries and discussions traversed: · Science about the water resource available in different parts of the ‘TANK’ catchments · Opinions about the best use of water and differing ‘views’ held by different sectors in the community · Implications of using external resources to ‘boost’ the science team · the defensibility in the Environment Court, of appeals to resource consent decisions not supported by scientific evidence, but rather political influence or community perceptions · The use of resource consent ‘review’ clauses and requirements for initiating a review in relation to RMA section 104c |
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. Beaven/Belford CARRIED 2 Instructs staff that all newly granted water consents or variations of water consents on the Heretaunga Plains be advised to applicants as Class B water until such time as the TANK process recommends the volume of extra water that is available and any hierarchy of priorities for water use, subject to legal advice in support of this process. Beaven/Belford For: Scott, Beaven, Belford, Wilson Against: Dick, Hewitt, Graham, Pipe Chairman used his Casting Vote and the motion was CARRIED
3 Commences discussions with central Government with regard to introducing legislation enabling the charging of royalties for water exported and sold offshore. Beaven/Belford CARRIED 4 To better inform any further water modelling related to the Heretaunga aquifer and the TANK programme, staff are requested to report on the potential need to commission the drilling of deep bores to establish the full extent and capacity of the aquifer and its sub-aquifers, and their relationships to surface water. CARRIED |
The meeting adjourned at 10.40am and reconvened at 11am
Recommendations from the Regional Transport Committee |
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Councillor Dick, Committee Chairman, outlined the changes to the Terms of Reference of the Regional Transport Committee as agreed by that Committee at its meeting, including the assignment of ‘portfolio’ responsibilities and the role of advisory members. |
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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. Terms of Reference for the Regional Transport Committee 2. Approves the (following) amended Terms of Reference for the Regional Transport Committee. Regional Transport Committee Terms of Reference 1. Prepare the Regional Land Transport Plan (RLTP) for approval by the Regional Council, in accordance with the Land Transport Management Act 2003. 2. Prepare the Regional Public Transport Plan (RLTP) for approval by the Regional Council, in accordance with the Land Transport Management Act 2003. 3. Monitor the implementation of the Regional Land Transport Plan and the Regional Public Transport Plan. 4. Advocate to Government on transport issues of concern to the region. 5. Undertake governance of RoadSafe Hawke’s Bay. 6. Monitor passenger transport objectives and make recommendations to the Regional Council on public transport policies. 7. Provide the Regional Council with any advice and assistance it may request in relation to its transport responsibilities.
Reports Received 3. Notes that the following reports were provided to the Regional Transport Committee meeting. 3.1 Public Transport Update 3.2 National Land Transport Programme 2015-18 3.3 NZTA Central Region - Regional Director's Report for August 2015 3.4 August 2015 Roadsafe Update Report 3.5 August Transport Manager's Report 3.6 Update on Napier Port Access Business Case 3.7 Verbal Reports From Advisory Representatives. CARRIED |
Recommendations from the Environment and Services Committee |
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Councillor Graham, Chairman of the Committee, outlined discussions at the meeting. There was a query about the review of the ‘governance’ of the Works Group as part of the review of the service delivery arrangements. |
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. HBRC Works Group 2. Endorses the findings of the independent review of Council’s service delivery arrangements of its infrastructure functions completed in accordance with Section 17(A) of the Local Government Act 2002, and agrees to retain the existing service delivery arrangements for Council’s infrastructure functions through annual contracts between the Group Manager Asset Management and the HBRC Works Group. 3. Notes the performance of the HBRC Works Group for the 2014-15 year. 2015-16 Land Management Operational Plan 4. Endorses the Land Management Team Operational Plan for the 2015-16 financial year. Regional Park Network Improvement Programme 5. Endorses the following projects totalling $141,111 and proposed to be funded from the $160,000 Borrowing Provision budgeted in the 2015-16 financial year; being: 5.1 Pekapeka, $33,000 for - Western wetland enhancement (tree & rubbish removal) - Land swap provision (Waireporepo Pa) - Poukawa Stream riparian planting - Island Pa fencing - CANTEEN table installation 5.2 Pakowhai, $22,295 for - Gateway signage - Toilet installation - Tree enclosures 5.3 Waitangi, $58,021 for - Gateway signage - East Clive / Tukituki Estuary interpretive signage - East Clive erosion control plantings (trial) - Detailed plans for Waitangi Estuary Enhancement - Bird viewing hide upgrade and pathway 5.4 Tutira, $17,795 for - Gateway signage - Walking track directional signage - Boundary fencing 5.5 Ouepoto Reserve at Aramoana, $10,000 for development of the Reserve. Reports Received 6. Notes that the following reports were provided to the Environment and Services Committee meeting. 6.1 2015 National Horticultural Field Days Event 6.2 Cape to City project update 6.3 CHBDC Wastewater Treatment 6.4 Clifton to Tangoio Coastal Hazards Committee Update 6.5 HB Hazards Portal CARRIED |
Hearings Committee Terms of Reference |
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Mr Maxwell outlined the proposed changes to the Terms of Reference for the Committee and the rationale for those. |
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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. Agrees to modify the Terms of Reference of the Hearings Committee as proposed; as following. CARRIED Hearings Committee Terms of Reference 1. Pursuant to Section 34(1) of the Resource Management Act (RMA) the Hawke's Bay Regional Council delegates the following functions, powers and/or duties under the RMA[1]: 1.1. To hear and make decisions on applications arising out of the Council's regulatory responsibilities as follows: 1.1.1. notified applications where submissions have been made and submitters wish to be heard; 1.1.2. reviews of conditions (s.128) where consent holder and/or submitters wish to be heard; 1.1.3. notified applications where submissions have been made and where the Committee considers it necessary to hold a hearing; 1.1.4. objections to decisions made under delegated authority by staff, where they wish to be heard (s.357); 1.1.5. where the staff recommendation is to decline any application for reasons other than inadequate information; 1.2. To determine other related discretionary process matters that may be associated with a hearing such as waivers of time, as appropriate under the Resource Management Act 1991. 1.3. To hear and make decisions on objections against costs under Section 36(6) of the Act and objections to the levying of Financial Contributions under Section 108 of the Act. 1.4. To hear and make decisions on lapsing of consents under Section 125 of the Act where a decision of an officer acting under delegated authority is subject to an objection. 1.5. The appointment of Hearings Committee members or independent commissioners to a Hearing Panel to undertake the functions set out above in 1.1 to 1.4 pursuant to s 34A RMA and the appointment of the Chair of the Hearing Panel. 2. Pursuant to section 82 of the Biosecurity Act (BA) the Hawke’s Bay Regional Council delegates the following functions, powers and/or duties under the BA: 2.1. To hear and make decisions on submissions received on any statutory documents prepared by Council which have been subject to a formal submission process under the Biosecurity Act. 2.2. To authorise the resolution and settlement of appeals and references through formal hearings or mediation before the Environment Court or any other judicial body which relate to the preparation of any statutory documents prepared under the Biosecurity Act by the Council and to either generally or from time to time delegate to officers the authority to resolve and settle appeals and references through formal mediation. 3. The Hawke’s Bay Regional Council delegates to the Hearings Committee Chairman and Council Chairman, the ability to appoint Hearings Committee members or Independent Commissioners to a Hearing Panel to undertake the functions set out above in 1 and 2 above and the appointment of the Chairman of the Hearing Panel.
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Report and Recommendations from the Maori Committee |
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Mr Mohi, Committee Chairman, provided an overview of the discussions traversed at the Committee meeting including thanking Ms Codlin for her contributions over the years working with the Committee, especially through the recent Plan Change 6 process. |
The Maori 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. Hearings Committee Appointments 2. Confirms the appointment of the following accredited members of the Maori Committee who are available to stand, as members of the Hearings Committee. 2.1 Mr Marei Apatu 2.2 Dr Roger Maaka 2.3 Mr Brian Gregory 2.4 Mr Mike Mohi. Reports Received 3. Notes that the following reports were provided to the Maori Committee meeting. 3.1 2015-16 Land Management Operational Plan 3.2 Karamu Catchment - In-stream Flows for Oxygen 3.3 Pataka Update 3.4 August 2015 Statutory Advocacy Update 3.5 Clifton to Tangoio Coastal Strategy Development. CARRIED |
Tukituki Plan Change 6 Adoption |
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Ms Codlin advised the Board of Inquiry’s final decision was released on 25 June 2015 as the outcome of the 3 year process which began in 2012, and is now ready for Council to make the Tukituki Plan Change 6 Operative and for staff to give effect to it. Ms Codlin provided her view that the Plan Change processes are complex and rigid, and the ability to use a variety of approaches in addition to plan rules and policies to address issues adds further complexity and work however enables the achievement of better outcomes. There was discussion traversing: · Only option is to adopt the plan change and make it operative · Implementation is where the focus shifts to – with draft implementation plan going to the Regional Planning Committee in September · Implications of the increased minimum flows on consents to take water which are tied to those limits, minimum flows as a trigger for bans and the reliability of supply for irrigators · Specific requirements of policy TT3 and the review of the CHB wastewater consents against those, policies TT1 and TT4 and the development of Procedural Guidelines, encouraging Industry Good Practice, and consent review requirements. |
That Council: 1. Receives and adopts the amended Tukituki Plan Change (Plan Change 6) and consequential amendments to the Regional Resource Management Plan as per the final decision of the Board of Inquiry in accordance with s149W(2)(a) of the Resource Management Act. 2. Makes operative the amended Tukituki Plan Change and consequential amendments to the Regional Resource Management Plan as per the final decision of the Board of Inquiry on Thursday 1 October 2015 by giving public notice in accordance with s149W(2)(b)(ii) of the Resource Management Act. CARRIED |
Councillor Barker arrived at 12.00pm
Mr Mohi was excused at 12.02pm
Setting of Rates for the 2015-16 Financial Year |
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Mr Drury, GM Corporate Services, introduced the paper which is the legal confirmation of Council’s decisions made through the Long Term Plan process. |
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That Council: 1. Agrees that the decisions to be made on the setting and assessing of rates cover information in the Funding Impact Statement for the 2015-16 year which was included in the LTP 2015-2025 as required by Section 95 of the Local Government Act 2002. These decisions require special consultative procedures under Section 83 of the Act, such special consultative procedure having been previously carried out on the 2015-16 year which was included in the LTP 2015-2025. 2. Resolves the setting of rates for the 2015-16 financial year and sets the following rates under the Local Government (Rating) Act 2002, on rating units in the region for the financial year commencing on 1 July 2015 and ending on 30 June 2016. These rates are set in accordance with the Funding Impact Statement 2015-16 which forms part of the Long Term Plan 2015-25. 2.1. A general rate is set under sections 13 and 131 of the Local Government (Rating) Act 2002 on land value as set out following.
2.2. A uniform annual general charge is set per separately used or inhabited part of a rating unit, set under section 15(1)(b) of the Local Government (Rating) Act 2002 as set out following.
2.3. The following differential targeted rates are set under section 16 of the Local Government (Rating) Act 2002 as set out following.
2.4. The following uniform targeted rates for Economic Development and Emergency Management are set under section 16 of the Local Government (Rating) Act 2002 as set out following
3. Agrees that the due date for payment of rates as set by the Hawke’s Bay Regional Council for the financial year commencing 1 July 2015 and ending on 30 June 2016 be 1 October 2015. 4. Agrees that, under sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, a 10% penalty be applied to unpaid current rates as at 1 February 2016. 5. Agrees that the rates set for the financial year commencing on 1 July 2015 and ending on 30 June 2016, as set out, are inclusive of GST. CARRIED |
Financial Report for 12 Months Ended
30 June 2015 |
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Mr Drury, Group Manager Corporate Services, introduced the report of the results for the 2014-15 financial year. Queries and discussion traversed: · Operations group profit wholly transferred to Council · Investment in HBRIC Ltd · Funds drawn down from Open Spaces loan provision for Energy Futures work – as will be the case in 2015-16 · The value of the Nature Central alliance between DoC, HBRC, Horizons and Wellington regional councils, and its role in delivering the Cape to City project · Oil & Gas now included in ‘Energy Futures’ work streams · Invitation to the Parliamentary Commissioner for the Environment to be re-extended – to come and meet with Council to discuss the findings of her Oil & Gas Exploration reports · Progress on delivery of Farm Environmental Management Plans and getting HBRC staff and industry consultants qualified to write them Councillor Dick left the meeting at 12.33pm · Launch of the Biodiversity Strategy · Dam safety legislation and delays introducing the Dangerous Dams legislation, which Central Government has now advised will be included in the RMA review · Regional Pest Management Strategy requirements and process moving forward, and the criteria for plants to be categorised as a pest and the process of developing control programmes for those pest plants · Numbers of Staff with degrees and post-graduate qualifications to be included in the salary band information to provide some context. |
That Council: 1. Confirms the decisions to be made are not significant under the criteria contained in Council’s adopted "policy on significance and engagement", and Council can exercise its discretion under Section 79(1)(a) of the Local Government Act 2002 and make decisions on those issues 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. Adopts the Draft Annual Report for the period 1 July 2014 to 30 June 2015, as amended, for the purposes of audit, with a view to Council adopting the final report at its meeting on 24 September 2015. 3. Resolves that $180,000 profit on external work undertaken by Council's Operations Group during the year ended 30 June 2015 be transferred to Council’s cash operating balances available to fund general funded operating expenditure. CARRIED |
The meeting adjourned at 12.45 and reconvened at 1.15pm, with Councillor Dick absent
HBRIC Ltd August 2015 Update |
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Dr Pearce, HBRIC Ltd Chairman, provided an overview of the governance work the Board is doing in working toward financial close. Mr Newman, HBRIC Ltd CE, provided additional detail in relation to the work being carried out in respect of the D&C contract, investor negotiations, water uptake, dam water volume/drawdown modelling and the DoC land swap process. Mr Caldwell, HBRIC Ltd Manager, outlined the company’s financials for the last month. |
1. That Council receives and takes note of the “HBRIC Ltd August 2015 Update” report. CARRIED |
Councillor Dick re-joined the meeting at 1.55pm
Monthly Work Plan Looking Forward Through September 2015 |
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There were queries and discussions in relation to resource consent applications being processed, a proposal for an application for Regional Research Institute funding, Cawthron work on MCI modelling, and the Te Mata Mushrooms enforcement action. |
1. That Council receives the Monthly Work Plan Looking Forward Through August 2015 report. CARRIED |
Chairman's Monthly Report |
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The Chairman tabled (as following) his report, highlighting the Comvita report and the final reading of the Regional Planning Bill. General Comments · Traditionally July is a very quiet month on the Council agenda. The LGNZ conference was a highlight with our pest team winning a National award for the outstanding work on Napier Hill and the resulting return of the birdsong. · Another highlight of the trip was a visit to the headquarters of Comvita in the Bay of Plenty. A fantastic success story that HBRC are now a part of with the Manuka planting at Lake Tutira. I enclose a copy of their Annual Report and if there is enough interest I would like to take a field trip to visit the headquarters to understand their business better. · Final reading of the Regional Planning bill at Parliament. A day well attended by our treaty partners and kind words on our progress by Minister Finlayson, Meka Whaitiri and Stuart Nash. This gives us good mandate to get on and ramp up the work programme for this Committee. Chaired Meetings 29/7/15 Regional Council 8/7/15 Work Safe meeting 15/7/15 Tenders Committee 4/8/15 Primary Producers Meeting Other Activities 17&18/7/15 Regional Sector Tour 19-21/7/15 LGNZ Conference 24/7/15 Clifton to Tangoio Coastal Hazards Joint Committee 28/7/15 Council Field Trip – Heretaunga Plains 30/7/15 Rail Tender meeting 4/8/15 Rail Strategy Meeting 4/8/15 Shane Walker meeting 5/8/15 Meeting with Mayor of Wairoa 6/8/15 Earthquake Hazard Workshop 12/8/15 Third Hearing of the Regional Planning Bill 13/8/15 Tripartite MOU with Wairoa District – Council and Te Tira Whakaemi o te Wairoa initial discussions and a copy to come back to Council for ratification in September 17/8/15 Attended Robert McGregor’s funeral 18/8/15 Maori Committee Delegations (other commitments) 10/8/15 Crs Scott and Pipe – Ruawharo Marae to discuss forestry slash with locals Priorities in Month Ahead · Amalgamation Outcome · Horizons Field Trip · Ongoing updates on Ruataniwha Water Storage |
1. That Council receives and notes the Chairman’s report for August 2015. CARRIED |
Minor Items Not on the Agenda |
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The Chairman, before closing, acknowledged and thanked Helen Codlin, Group Manager Strategic Planning, for her hard work and contributions to the regional community, and extended best wishes for the future on behalf of Council.
Closure:
There being no further business the Chairman declared the meeting closed at 2.20pm on Wednesday 26 August 2015.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................
[1] NOTE: For the avoidance of doubt, the Hearings Committee is not delegated the functions, powers and duties to hear and make decisions on submissions made in relation to a proposed plan, policy statement, plan change or variation under the RMA. Such functions, powers and duties are delegated to a Panel of accredited RMA hearings commissioners appointed by the Council on an as needed basis, based on recommendations from the Regional Planning Committee.