Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 30 September 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 26 August 2015

4.         Matters Arising from Minutes of the Regional Council Meeting held on 26 August 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.         Adoption of the Audited 2014-15 Annual Report                                                         13

9.         Proxy for the HBRIC Ltd Annual General Meeting                                                     15

10.       Recommendations from the Regional Planning Committee                                      19

11.       Recommendations from Corporate and Strategic Committee                                   21

12.       Management of Heretaunga Plains Groundwater                                                      25

Information or Performance Monitoring

13.       HBRIC Ltd September 2015 Update                                                                          39

14.       Monthly Work Plan Looking Forward Through October 2015                                    49

15.       Chairman's Monthly Report for September 2015 (to be tabled)

16.       Minor Items not on the Agenda                                                                                   55

Decision Items (Public Excluded)

17.       HBRIC Ltd Financial Structuring                                                                                 57

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 September 2015

Subject: Follow-up Items from Previous Regional Council Meetings

 

Reason for Report

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

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 report “Follow-up Items from Previous Regional Council meetings”.

 

 

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

Attachment 1

 




HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 30 September 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 16.

 

Recommendation

That Council accepts the following minor items not on the Agenda, for discussion as Item 16:

1.  

2.  

 

 

Leeanne Hooper

GOVERNANCE & CORPORATE ADMINISTRATION MANAGER

Fenton Wilson

CHAIRMAN

 

 

  


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 30 September 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 94

          DP 13216

          CT  E4/376

-     Agreement for Sale and Purchase

 

1.1.2     Lot 4

          DP 6391

          CT  D4/1412

-     Agreement for Sale and Purchase

-     Transfer

 

 

1.1.3     Lot 2

          DP 19085

          CT  L2/403

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.4     Lot 19

          DP 13066

          CT  E3/400

-     Agreement for Sale and Purchase

-     Transfer

 

 

 

 

 

3696

 

 

 

 

3697

3700

 

 

 

 

 

3698

3699

 

 

 

 

3701

3702

 

 

 

 

25 August 2015

 

 

 

 

1 September 2015

10 Septemer 2015

 

 

 

 

 

7 September 2015

7 September 2015

 

 

 

 

16 September 2015

16 September 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.

 

 

 

Liz Lambert

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 September 2015

SUBJECT: Adoption of the Audited 2014-15 Annual Report

 

Reason for Report

1.      The purpose of this paper is for Council to resolve to adopt the 2014-15 audited Annual Report, and to authorise the signing of this report.

Background

2.      The draft Annual Report was considered by Council on Wednesday 26 August 2015 and adopted for audit. It is now necessary for Council to consider the audited 2014-15 Annual Report, for formal adoption and publication.

3.      This document will be proof-read over the next week and, subsequent to Council approval, will be printed, covered and bound for distribution.  Copies will be sent out to interested parties from 15 October 2015.

4.      Section 98 of the Act states:

       (4)     A Local Authority must, within one month of the adoption of its Annual Report, make publicly available:

(a)     its Annual Report; and

(b)     a summary of information contained in its Annual Report

(5)     The summary must represent, fairly and consistently, the information regarding the major matters dealt with in the Annual Report.

5.      Section 99 (2) also states that the Summary Annual Report must contain the Auditor's report on whether the summary represents, fairly and consistently, the information regarding the major matters dealt within the Annual Report.

6.      The Summary Annual report for year ending 30 June 2015 will be published in the daily newspapers on Saturday 17 October 2015. This approach is considered to be an effective method to advise the public on Council’s performance against the LTP.  This date is within the statutory timelines for publication of Annual Report results after approval by Council.

7.      Both the Annual Report and Summary Annual report will be published on Council’s website no later than Thursday 15 October 2015.

8.      The final audited Annual Report is appended to this paper as Attachment 1 (sent under separate cover to Councillors only).

Hawke’s Bay Regional Investment Company (HBRIC Ltd)

9.      At its Board meeting on 14 September 2015 the HBRIC Ltd Board approved the audited annual statements for year ending 30 June 2015.  HBRIC Ltd’s group accounts, which include the Port of Napier Limited (Napier Port), have already been included in Council’s Annual Report.

Audit

10.    Discussions with Audit New Zealand have established it is their expectation that they will have completed their audit by the date of this Council meeting, and staff will have copies of the audit report available to circulate at the meeting.

Changes to the Annual Report from the draft presented to Council

11.    There were a few adjustments made by Audit which have changed the Annual Report slightly from the draft version presented to Council on Wednesday 26 August 2015.  Details are given following.

12.    There were audit adjustments made for an additional accrual for the Regional Resources group of activity of $23,000 and the reduction in Income in Advance for the Governance group of activity of $8,000.  These adjustments reduce the operating surplus by $31,000 as reflected in the table below:

13.    Audit has advised of various other adjustments and additional disclosures which have been made to the notes in the accounts

Decision Making Process

14.    Council is required to make every decision in accordance with provisions of Part 6, sub‑part 1 of the Local Government Act 2002 (the Act). Staff have assessed requirements contained in the sections of the Act in relation to this item and have concluded that the decision making provisions of the Act do not apply as the Annual Report is a statutory report required to be adopted by Council no later than 31 October 2014, under Section 98 of the Act.

15.    Council must, within one month after adoption of its Annual Report, make copies available to the public.

 

 

Recommendations

1.      Adopts the 2014-15 Annual Report, under Section 98 of the Local Government Act 2002, and authorises the Chairman and Chief Executive to sign the Annual Report on behalf of Council.

 

 

Paul Drury

Group Manager
Corporate Services

Liz Lambert

Chief Executive

 

Attachment/s

1

Audited 2014-15 Annual Report

 

Under Separate Cover – provided in hard copy to Councillors only

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 September 2015

SUBJECT: Proxy for the HBRIC Ltd Annual General Meeting

 

Reason for Report

1.      The purpose of this report is for Council to appoint a proxy, and alternate, to vote at the fourth Annual General Meeting of Hawke’s Bay Regional Investment Company Limited (HBRIC Ltd).

Summary

2.      HBRIC Ltd is intending to hold its Annual General Meeting on Monday 12 October 2015 at the Century Theatre of the MTG Hawke’s Bay. The Council (as the shareholder) is required to appoint a proxy and alternate to attend this meeting and vote on the Council’s behalf at the meeting.

3.      All Councillors are invited to the Annual General Meeting which will be held at 4.00pm at the Century Theatre of the MTG Hawke’s Bay. A copy of the Notice of the fourth Annual General Meeting of HBRIC Ltd is set out in Attachment 1.

4.      With regards to appointing a proxy to attend this meeting, it is recommended that the proxy be given to the Chairman of the Council, with the alternate being the Deputy Chairman of the Council.

Decision Making Process

5.      Decisions covering the Annual General Meeting of HBRIC Ltd are required to be made under the Companies Act 1993.

 

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 the date of the Hawke’s Bay Regional Investment Company Limited Annual General Meeting.

3.      Agrees that the Chairman of Hawke’s Bay Regional Council, Mr Fenton Wilson, be appointed as Council’s proxy at the fourth Annual General Meeting of the Hawke’s Bay Regional Investment Company Limited to be held at 4.00pm on Monday 12 October 2015, and to vote as proxy holder on behalf of the Council, and that the Deputy Chairman of the Hawke’s Bay Regional Council, Mrs Christine Scott, act as alternate.

 

Liz Lambert

Chief Executive

 

 

Attachment/s

1

Notice of HBRIC Ltd Fourth Annual General Meeting

 

 

  


Notice of HBRIC Ltd Fourth Annual General Meeting

Attachment 1

 


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 30 September 2015

Subject: Recommendations from the Regional Planning Committee

 

Reason for Report

1.      The following matters were considered by the Regional Planning Committee on   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.

Clean Air Compliance Strategy

2.      Approves the proposed actions regarding communication and enforcement, including:

Proposal

Maintain the scheme until target achieved for five years

Continue with education and new behavior change initiatives

Promote dry wood scheme

Maintain Pollution hot line for reporting Nuisance burning (Bylaw 13 Napier and Hastings) and continue with enforcement visits

Circulate all home owners in targeted areas with reminder letter that records show they are likely to have a non-compliant fire and what action to take

Investigate No visible smoke rule

Spotter teams – in house and outsourced

 

3.      Instructs staff to investigate the efficacy of a ‘no visible smoke’ rule.

Petroleum Exploration Proposed Block Offer 2016

4.      Lodges revised comments on New Zealand Petroleum and Mineral’s proposed Block Offer 2016 by the 30 October 2015 deadline, following circulation amongst Regional Planning Committee members for further feedback and final approval by Council at its 28 October 2015 meeting.

Nga Hapu o Tutaekuri Hapu Management Plan

5.      Acknowledges the role of Tutaekuri Awa Management and Enhancement Plan in the Greater Heretaunga / Ahuriri policy development process under the Resource Management Act.

Reports Received

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

6.1.      Regional Planning Committee Annual Activity Report 2014-15

6.2.      Matatini 2017

6.3.      Forestry Policy Issues

6.4.      September 2015 Resource Management Planning Project Update

6.5.      May-September 2015 Statutory Advocacy Update.

 

 

 

Gavin Ide

Manager, Strategy and Policy

Liz Lambert

Chief Executive

 

Attachment/s

There are no attachments for this report.


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 September 2015

Subject: Recommendations from Corporate and Strategic Committee

 

Reason for Report

1.    The following matters were considered by the Corporate and Strategic Committee on Wednesday 23 September 2015 and are now presented for consideration and approval.

Decision Making Process

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

 

Resolutions

The Corporate and Strategic 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 engagement 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.

Hawke’s Bay Tourism 2015-16 Proposed KPIs

2.     Approves the key performance indicators for Hawkes Bay Tourism Ltd for 2015-16; contained in the following table.

 

 

Activity

HBRC KPIs

Consumer Marketing

Deliver an annual consumer marketing plan to ensure Hawke's Bay maximises all media opportunities both paid and unpaid.

 

Brand

Manage and protect the Hawke's Bay brand to ensure the brands integrity in all use by all parties

Manage and protect the Hawke's Bay brand to ensure the brands integrity

Campaign

The development and delivery of an annual media plan that is based around a Seasonal Campaign Strategy

Campaign activity will deliver Increased website traffic to www.hawkesbaynz.com by 50% annually

 

 

Increase social channel footprint within Facebook, Twitter, Instagram. Each by 50% per annum

PR/Media

The delivery of the Hawke's Bay Tourism International and Domestic Media Programme

Host a minimum of 30 international  and domestic media per annum

 

 

Deliver stories and Hawke’s Bay content to over 100m people per annum

 

 

Coverage received will have the equivalent EAV of $10m per annum

Digital

The delivery of a strong digital platform to share Hawke's Bay content and information for visitors.

The development of one visitor website for Hawke's Bay. To be completed by June 2016.

 

 

Increased website traffic to www.hawkesbaynz.com by 50% annually

 

 

Increase social channel footprint within Facebook, Twitter, Instagram. Each by 50% per annum

 

 

Deliver 60,000 leads directly to member websites in year one. Grow by 50% per annum.

Collateral & Promotional Material

Deliver a series of promotional material both digital and printed to serve the needs of visitors and in line with the overall brand positioning for Hawke's Bay

Produce and deliver the annual Hawke's Bay Visitor Guide.  Produce the Hawke's Bay Trails Map as well as other regional collateral as required.

Content

Deliver a consumer content strategy for all channels used by HBT

 Pull together a content calendar for year round seasonal content for all cities and districts

Research

Deliver an annual research programme to monitor and measure the regions visitor performance

Provide the industry with up to date data pertaining to the visitor industry in Hawke's Bay. This will be distributed via the industry website.

Events

Deliver the Regional Events Strategy

Implement the Regional Events Strategy via joint collaboration with all Councils, Sport Hawke's Bay and other relevant agencies. Key outcomes - a regional events calendar updated, a well balanced portfolio of events year round, off-season events developed

 

FAWC! Food and Wine Classic Hawke’s Bay

Deliver both Summer and Winter F.A.W.C!  FAWC! to deliver at least 40-50% of participants from out of town each year. Continue to grow the event in terms of numbers -10,000 tickets available by 2018.

 

The Big Easy

Deliver The Big Easy at Easter to ensure the event captures at least 40-50% of participants from out of town each year. Continue to grow the event to

2000 participants by 2017.

Hawke’s International Bay Marathon

Deliver a world class event alongside organisers Lagadere for three years. This will involve a starting base of 2500 competitors in year one to grow to 4,000 by 2018.

Trade Marketing

Deliver the annual trade marketing plan to ensure Hawke's Bay is well represented within the distribution channel both offshore and in New Zealand.

International  Marketing Alliances

Maintain membership of both Explore Central North Island Alliance which promotes the Pacific Coast Highway and Thermal Explorer Highway. (8 North Island regions) and Classic New Zealand Wine trail Alliance (4 regions) to ensure international presence for Hawke’s Bay.

Deliver international trade initiatives alongside other regional partners. Attend a minimum of 3 international trade shows (see below) and participate in growing the touring routes Hawke’s Bay is part of. Full international focus of activity and all directed at the travel agent community.

Trade Famils

Deliver an international trade famil programme to educate the travel industry about Hawke's Bay with the aim to sell more of the region via the Distribution Channel

Host  a minimum of 50 travel agents, product managers and inbound tour operators in the region annually

Digital

Deliver and maintain a Tourism Industry Website for operators within Hawke's Bay.

www.hawkesbaytourism.nz

Keep updated the industry website with relevant press releases, research, presentations and industry news.

Workshops

Conduct a Workshop Series  to educate local operators

6 - 10 workshops to be held annually. Topics to include new markets, market segments, and  social channels

Trade Shows

Represent Hawke's Bay and its tourisms sector at a range of leisure/FIT (free and independent travellers) trade shows throughout the year in New Zealand and overseas

HBT to attend the following trade shows annually; TRENZ and Explore. HBT to represent Pacific Coast Highway (Explore Central North Island Alliance) at Kiwi Link events in China, USA, UK.

Business Tourism Events

Represent Hawke's Bay and the Conference and Meetings sector at a range of business trade shows throughout the year in New Zealand

HBT to attend the following business trade shows annually; Meetings and Convene

Tourism Awards

Deliver the annual Hawke's Bay Tourism Industry Awards

Generate at least 20 entries per annum into the Hawke's Bay Tourism Awards (September each year)

Tourism Development

Identify key tourism development projects to encourage economic growth to the region

Begin scoping of tourism opportunities in Wairoa/Waikaremoana.  Work with local iwi to understand Maori tourism product  - the gaps and opportunities

Markets

Develop a clear plan for  China tourism to Hawke's Bay

Develop and maintain Hawke's Bay content for the China market - to be distributed via Weibo. Build a China Marketing Group to develop join marketing opportunities

Membership

Manage and grow  the annual membership programme of the Hawke’s Bay Tourism Industry Association

 

 

Deliver an annual membership programme in order to generate additional funds for the organisation and develop a strong well educated and coordinated industry.

Generate a minimum of $100,000 in revenue from the annual membership programme.

Stakeholder Management

Deliver quarterly reports to the Hawke's Bay Regional Council

4 x Quarterly reports delivered as well as Financials

Financial Management

Manage all budgets and deliver monthly and quarterly financial reports to both the HBT, HBTIA Boards and to HBRC

Manage all budgets and deliver monthly and quarterly financial reports to both the HBT, HBTIA Boards and to HBRC

Staff Management

Manage all staff and conduct annual reviews

Annual reviews it be conducted for all staff. Training needs worked through and planned to improve staff skills

 

Forestry Investments

3.      Agrees that staff should progress the development of a concept for a walking/mountain bike track network within the Waihapua property, with the potential to link through Tangoio and to Tutira, in collaboration with interested groups and neighbouring properties.

4.      Agrees that HBRC enter into an Agreement with a community group for the establishment of a mountain bike park within the Waipukurau Forest for public recreation and enjoyment for the period of the current CHBDC wastewater consent (expiring 2030), and delegates authority to the Interim Chief Executive to determine the terms and conditions of such an Agreement, with the terms of the final agreement to be brought to Council for ratification.

5.      Agrees to the proposed management approach for the HBRC forest estate being:

5.1.      Pruning up to 50% of Pinus Radiata stands to give the option of pruned logs in the sales mix.

5.2.      Manage Eucalyptus regnans and E. fastigata and E. maidenii with a low cost regime of thinning only, with some targeted pruning of extremely productive areas to provide the option of higher grade saw logs at harvest

5.3.      Prune and thin between 80-100% of other species to provide high quality timber.

6.      Agrees to the development of a carbon sales protocol to allow informed and timely carbon trading decisions according to an agreed risk profile, and requests staff to progress its development for Council consideration during 2016.

7.      Notes the significant returns projected for harvesting the Tutira pine forest between 2019 and 2022 and that these returns have been included in HBRC LTP 2015/25 financial forecasts.

8.      Notes that on average over a full rotation the estimated long term return on HBRC’s investment in the forest estate is expected to be around 6-7% for full rotations (subject to variations in prices and harvest yields). The returns from Manuka honey are expected to be greater than 6% - 7% which reflects the limited further expenditure required on these crops.

9.      Notes Council’s continued direct ownership of the forest estate will provide the following benefits:

9.1.      Continued integrated Council management of the open space policy on these lands together with achieving a reasonable positive return from their commercial operations

9.2.      Significant financial returns over the long term; and

9.3.      These financial returns will be received free of income tax whilst the forest estate continues to be directly owned by the Council.

Reports Received

10.   Notes that the following reports were provided to the Regional Planning Committee meeting.

10.1     HB Tourism 2014-15 Year End Report

10.2    Implications of New Health and Safety Legislation

10.3    Human Resources 2014-15 Annual Report

10.4    Gravel Resource Inventory and Gravel Demand

10.5     Recommendations from the Finance Audit and Risk Sub-committee

10.6     September 2015 Public Transport Update

 

 

 

Liz Lambert

Chief Executive

 

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 September 2015

Subject: Management of Heretaunga Plains Groundwater

 

Reason for Report

1.      At the Regional Council meeting on 26 August 2015, Council resolved that it:

1.1.      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.

2.      This report conveys the legal advice received from Simpson and Grierson in relation to that resolution.

3.      The legal advice does not support the Class B type approach that was recommended at the August Council meeting. The full advice is attached. A summary is set out below.

Summary of Advice

4.      “In the absence of suitable plan provisions and clear evidence that such an approach is necessary to avoid adverse effects on the quantity of groundwater and to manage groundwater in a manner that does not adversely affect existing groundwater takes, we do not consider that the Council resolution on its own would provide a defensible basis for granting a Class B consent.

5.      “In our opinion, the most legally robust approach to implementing the intent of the resolution would be to await further evidence and the introduction of a plan change before changing the way in which the Council treats applications for groundwater take permits. The mechanism and its appropriateness could therefore be tested and justified through the Schedule 1 process.

6.      “If a plan change resulted in maximum or minimum levels or flows or rates of use of water, the Council could initiate a review of any existing water permits under section 128(1)(b) of the RMA, whether or not more recently granted consents had been marked differently. The Council has the ability to make rules that allocate water, and some flexibility in the manner in which it allocates water.”

Discussion

7.      In providing this advice the legal advisors have observed that

7.1.      there is no scientific evidence to indicate that the groundwater aquifers are being managed unsustainably

7.2.      given this they indicate that it would not be appropriate or defensible to create this separate water permit class approach

7.3.      that the Plan Change that the Council are developing for this area will be able to address the issues that are of public concern.

8.      Given that the legal advice does not support this approach, the Council staff recommend that Council reconsider this matter.

9.      In seeking this advice staff asked for comment on options for establishing allocation rules and reviewing or replacing consents in accordance with these. The final paragraph of the legal advice comments on this and there is more discussion through the letter.

10.    In developing a plan change Council has a degree of flexibility when establishing allocation rules and there are tools that would allow Council to consider a “last on first off” approach or other allocation approaches to water permits in the future.


Decision Making Process

11.    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:

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

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

11.3.   This decision does not fall within the definition of Council’s policy on significance.

11.4.   Options were requested through the legal advice sought.

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

 

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.      Receives the legal opinion, accepts that the resolution of 26 August 2015 in respect of this matter is not able to be implemented and notes that there is provision in the RMA Plan Change process underway in the Greater Heretaunga catchment to deal with the matters raised in the original notice of motion.

 

 

 

Malcolm Miller

Manager Consents

Liz Lambert

Chief Executive

 

Attachment/s

1

SLW Legal Opinion on Interim Approach to Water Consenting

 

 

  


SLW Legal Opinion on Interim Approach to Water Consenting

Attachment 1

 










   


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 September 2015

Subject: HBRIC Ltd September 2015 Update

 

Reason for Report

1.      Attached is the report of HBRIC Ltd to Council on its activities over the September 2015 period.

2.      The HBRIC Ltd Chief Executive Andrew Newman, Company Manager Heath Caldwell, and Board Directors Jim Scotland and Sam Robinson 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 and takes note of the “HBRIC Ltd September 2015 Update” report.

 

 

Liz Lambert

Chief Executive

 

 

Attachment/s

1

September 2015 HBRIC Ltd Update

 

 

  


September 2015 HBRIC Ltd Update

Attachment 1

 









HAWKE’S BAY REGIONAL COUNCIL

Wednesday 30 September 2015

SUBJECT: Monthly Work Plan Looking Forward Through October 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

CE’s Office

 

-    HBCDEM Joint Committee meeting 2 October and CEG meeting later in month

-    Hawkes Bay Intersectoral Leadership Group meeting

-    Project Management implementation  discussions with Bay of Plenty Regional Council

-    HB LASS meeting

Corporate Services

 

-    Development of the 2016 Schedule of Council & Committee Meetings

-    Publication and distribution of the 2014-15 Annual Report

External Relations

 

-    Final arrangements for NZ ShakeOut, 0915 on 15 October

-    Preparation of Our Place for release early November

-    Preparations for Cape to City exhibit at HB A&P Show 21-23 October, in the Environment Shed.

Asset Management & Biosecurity

Coastal

-     Clifton to Tangoio Coastal Strategy technical work progressing.  Meetings with all ‘collaborator’ stakeholder groups programmed for 27 October.  Hazard information will be released to the public shortly after that date.

 

Biosecurity

-     Cape to City continues with a range of activities ongoing including the second tranche of wireless trap trials that will be delivered in the field

-     Council continues to participate in the high performance manuka primary growth partnership through its shareholding in Manuka Research Partnership Limited (MRPL). MRPL is currently going through a process to commercialise the PGP outputs.

-     The annual aerial regional rook control programme is underway and will be completed in October (weather permitting).

 

Engineering

-     Meeting with gravel extractors planned for 5 October.  Issues for discussion include reports received by C&S Committee on 23 Sept, and approaches to increasing gravel extraction from Upper Tukituki Rivers.

-     Tenders for Westshore renourishment work closes 25th Sept.  Work will commence during October.

-     Tenders for Taipo realignment project will be called shortly and close during October.

-     Major river stopbank upgrade works on Waipoa River, Gisborne (GDC) due to start this year with project management structure to be formalised at workshop in October.

Asset Management & Biosecurity

Land Management

-     East Coast Hill Country Conference to be held on 29-30 October. Further details @ http://www.imthere.co.nz/event/111-east-coast-hill-country-conference-2015.html

-     LM team members will attend the annual NZ Association of Resource Managers Conference, in Waikato this year. Hawke’s Bay will be hosting the NZARM conference next year.

-     The final Papanui Sub-catchment Strategy completed and will be circulated to the wider Papanui catchment community, in culmination of a significant body of science and community input into the priorities and actions identified. A wider community meeting will be held early November to discuss the strategy.

-     Ongoing work with primary sector to get Farm Environmental Management Plans done in priority areas. Letter on behalf of Fonterra and HBRC went out to all dairy farmers in the Tukituki in September and a number of follow up on-farm visits by staff will ensure property data is accurate to enable accurate estimating of the nitrogen leaching limits for each property. A Beef & Lamb farm planning workshop is planned for October in the Ashley Clinton area.

-     A significant investigation to be initiated in October in collaboration with HorticultureNZ, PipfruitNZ, potentially Foundation for Arable Research and HB Winegrowers, to benchmark nutrient leaching losses, typical crop rotational systems, and land use practices being employed for a range of crops and horticulture enterprises in the region.

 

Open Spaces

-     Pakowhai Regional Park toilet is to be constructed December / January.  Rotary Club of Stortford Lodge is fundraising for a toilet at Pekapeka

-     CANTEEN picnic table installation underway at Pekapeka. Media release pending.

-     HBRC Regional Park Network Plan has been nominated for the New Zealand Recreation Association “Outstanding Plan award”. If successful, awards evening will be held Thursday 19th November, Wellington.

-     Waitangi Estuary Enhancement detailed planning is in progress. When completed and costed the fund raising strategy will be confirmed (November / December 2013)

-     Tutira Regional Park Individual Park Plan is underway. Completion date extended to end of 1516 financial year. A stakeholder field trip is planned for October / November – date to be confirmed.

-     Maungaharuru-Tangitu Trust Te Mana o Te Wai fund application decision expected in October for Lake Tutira riparian enhancement.

Resource Management

Compliance

-      The prosecution of the Te Mata Mushroom Company has now progressed to the stage where a not guilty plea has been entered. There is a case review hearing on the 10th November and from there a not guilty hearing date will be set.

-      There have been community concerns raised in Whirinaki over the malfunctioning of a new kiln at the PanPac mill. We have been working with the Public Health Unit, Worksafe, PanPac and community representatives to allay fears that the operation of the kiln is a threat to the health of residents.  Significant modifications have been made to the kiln and monitoring by third parties, PanPac will not operate the kiln until all concerns have been met. While the kiln is operating as designed, there is no possibility of any emissions being discharged. The largest challenge is for both PanPac and the Public Health Unit to allay residents’ fears of possible health side effects. HBRC will continue to monitor to make sure the kiln operates correctly and within the terms of the PanPac resource consent.

 

Client Services

-     A series of meetings will be held in CHB, Wairoa and Hastings in October :

-     To consult with consent holders and form a view on a preferred charging methodology for Section 36 Science charges.

-     To inform consent holders about the science programme of work for the 2015 – 16 year

-     The results of the consultation will be delivered to Council in December

 

Science

-     PM2.5 monitoring will begin at St John’s College, Hastings, and Waitangi Road, Awatoto.

 

Consents

-     Pan Pac (CD960330Wf) decision was issued 16 September 2015. Appeal period closes about 9 October 2015.

-     C.P.M Asphalt Limited hearing scheduled for October 19 2015.

-     Ngaruroro consent group prehearing meeting was held on 2 September 2015. Information to be collated and circulated and a further prehearing is intended in October.

-     Twyford (WP140331T) global emergency water. To proceed to a pre hearing for discussion with the two submitters in October.

Strategic Development

Resource Management Planning

-     Tukituki Plan Change (PC6) will become operative on 1 October 2015.

-     Work continues on PC6 Implementation Plan across Council groups.

-     Change 5 wetland mapping project underway to map extent of six ephemeral wetlands to resolve parts of appeal by HB Fish and Game.  Mapping project to be completed in October then parties likely to reconvene mediation.

-     TANK Stakeholder Group meeting #18 tentatively scheduled for 10 or 17 November, subject to availability.

-     Revised programme to progressively implement the NPS for Freshwater Management is scheduled to be presented to the Regional Planning Committee’s 4 Nov meeting.

-     Hastings DC has issued decisions on proposed district plan submissions.  Period for lodging appeal closes late October.  Staff are assessing decisions for anything that may warrant appealing, or join other appeal proceedings.

-    Napier CC has issued its decisions on District Plan Change 10.  No appeal lodged by HBRC, but HBRC has joined as interested party to an appeal by Surveying the Bay Limited.

-     Heretaunga Plains Urban Development Strategy (HPUDS) Implementation Working Group meeting is scheduled for 14 October.  Working Group to principally consider scope of review of HPUDS during remainder of 2015-16 period.

 

Economic Development

-     Wairoa Taiwhenua - Presentation and Workshop on 9 October to complete stage 1 of the Wairoa Horizons Trust Business Development Scoping Project (which is being supported by HBRC).

-     Regional Economic Development Strategy – Review of first draft following Governance Group input and review.

Transport

-     Investigations begin in earnest into public transport improvements - requested through development of the Regional Public Transport Plan. May involve consultation with specific communities and some general publicity.

Hawke’s Bay Civil Defence Emergency Management Group

Developing Capability

-     Main effort of the Group is moving toward Ex Matau a Maui on 11&12 November.  This exercise, based on a MM7 earthquake will involve all councils and partner agencies.  At this stage there is a very high participation rate from agencies.  The National Crisis Management Centre in the Beehive will activate in support of HB, and the Gisborne, Waikato, Wellington and Manawatu-Wanganui CDEM Groups will also be involved in the exercise.

-     As well as administration and exercise inject development, October will also involve running a number of build-up training activities.

 

Hazard Reduction

-     The National Exercise Shakeout will run on 15 October.  On track to achieve our target of 50, 000 HB registrations.

 

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 October 2015 report.

 

 

Mike Adye

Group Manager
Asset Management

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 30 September 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 30 September 2015

Subject: HBRIC Ltd Financial Structuring

1.       That Council excludes the public from this section of the meeting, being Agenda Item 17 HBRIC Ltd Financial Structuring 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

HBRIC Ltd Financial Structuring

7(2)(i) 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 enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

 

2.       That Mr Sam Robinson and Mr Jim Scotland are present for the item as Directors of HBRIC Ltd, the party seeking Council’s decision on this matter.

 

 

Paul Drury

Group Manager
Corporate Services

Liz Lambert

Chief Executive