Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 24 February 2016

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 27 January 2016

4.         Matters Arising from Minutes of the Regional Council Meeting held on 27 January 2016

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.         Report and Recommendations from the Regional Planning Committee                   17

9.         Report and Recommendations from the Corporate and Strategic Committee          31

10.       HBRC Environmental Flows                                                                                       35

Information or Performance Monitoring

11.       HBRIC Ltd February 2016 Verbal Update                                                                  41

12.       Verbal Report from the Maori Committee Meeting held 15 February 2016

13.       Monthly Work Plan Looking Forward Through March 2016                                       43

14.       Chairman's Report for January-February 2016                                                          49

15.       Minor Items not on the Agenda                                                                                   51

16.       Verbal Update on CHB Wastewater Consents Monitoring Compliance  

Decision Items (Public Excluded)

17.       RWSS Private Funding                                                                                               53

18.       HBRIC Ltd 2015 Board Performance Review                                                            55

19.       Confirmation of Public Excluded Meeting held on 27 January 2016                         57

 


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

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 Council Meetings

 

 

  


Follow-ups from Previous Council Meetings

Attachment 1

 


Follow-ups from Previous Council Meetings

Attachment 1

 



HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

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 15.

 

Recommendation

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

1.  

2.  

 

 

Leeanne Hooper

GOVERNANCE & CORPORATE ADMINISTRATION MANAGER

Fenton Wilson

CHAIRMAN

 

 

  


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

Subject: Affixing of Common Seal        

 

Reason for Report

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 1

          DP 18490

          CT  L1/645

-     Transfer

 

1.1.2     Lot 10

          DP 11626

          CT  C2/604

-     Transfer

 

1.1.3     Lot 1

          DP 15176

          CT  G4/1277

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.4     Lot 185

          DP 13217

          CT  E4/433

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.5     Lot 5

          DP 14655

          CT  G3/322

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.6     Lot 201

          DP 12611

          CT  D4/1111

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.7     Flat 1 and Flat 2 DP 15962

Lot 2

          DP 11893

          CT  C4/361

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.8     Lot 144

          DP 6598

          CT  C2/324

-     Transfer

 

 

 

 

3892

 

 

 

 

3893

 

 

 

 

3900

3908

 

 

 

 

3901

3910

 

 

 

 

3903

3911

 

 

 

 

3904

3909

 

 

 

 

 

3906

3912

 

 

 

 

3907

 

 

 

 

22 January 2016

 

 

 

 

25 January 2016

 

 

 

 

27 January 2016

9 February 2016

 

 

 

 

27 January 2016

12 February 2016

 

 

 

 

1 February 2016

16 February 2016

 

 

 

 

2 February 2016

10 February 2016

 

 

 

 

 

5 February 2016

17 February 2016

 

 

 

 

9 February 2016

1.2                                                                                    

Staff Warrants

1.2.1   Todd Redman

          Mary-Anne Baker

          Nicole McAulay

          James Palmer

          (Delegations under Resource Management Act 1991; Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174)

 

1.2.2    Campbell Hall

             Mark Smith

          (Delegations under Soil Conservation and Rivers Control Act 1941; Resource Management Act 1991; Land Drainage Act 1908; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

 

1.2.3   Michelle Beedell

          Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

 

3896

3897

3898

3899

 

 

 

 

 

 

 

3895

3913

 

 

 

 

 

 

 

 

3894

 

 

25 January 2016

25 January 2016

25 January 2016

25 January 2016

 

 

 

 

 

 

 

25 January 2016

17 February 2016

 

 

 

 

 

 

 

 

25 January 2016

1.3

Subvention Agreement

Port of Napier Limited

 

3902

 

29 January 2016

1.4

Purchase of Land for flood control

Part Section 17 SO 4303 and Section 52 SO9012

CT 633349.1

(map attached)

 

 

 

3903

 

 

 

3 February 2016

 

Decision Making Process

2.       Council is required to make every decision in accordance with the provisions of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

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.

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 processes.

 

Recommendations

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to have an interest in the.

2.      Confirms the action to affix the Common Seal.

 


 

Diane Wisely

Executive Assistant

Liz Lambert

Chief Executive

 

Attachment/s

1

Map showing area purchased (Item 1.4)

 

 

  


Map showing area purchased (Item 1.4)

Attachment 1

 


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

Subject: Report and Recommendations from the Regional Planning Committee        

 

Reason for Report

1.      The following matters were considered by the Regional Planning Committee on 3 February 2016 and are now presented for consideration and approval.

2.      In relation to Resource Legislation Amendment Bill, a revised draft of the submission is attached (Attachment 1) for Council’s consideration, to be lodged before the 14 March 2016 deadline. Staff recommend that delegated authority be given to the Chief Executive to sign and submit the final submission (including any amendments arising at the Council meeting) on behalf of the Hawke's Bay Regional Council.

Decision Making Process

3.      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 significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council may need to consult directly with the community about these matters.

Heretaunga Plains Groundwater Science Investigations

2.      Continues to develop the coupled groundwater/surface water model to full scenario testing capability with urgency.

3.      Requests staff bring back to Council, for consideration for the 2018 LTP, a cost/benefit analysis for a staged programme of deep drilling of the Heretaunga aquifer.

Ngaruroro River and Clive River Water Conservation Order Application

4.      Notes the Committee’s concerns and supports the Committee’s expression of those concerns in writing to the Minister for the Environment and Minister of Treaty of Waitangi Negotiations; being:

4.1.      respectfully requests that the Minister for the Environment decline the WCO application for the Ngaruroro and Clive Rivers, but note the potential for a future application once the Plan Change process has been completed

4.2.      informs the Minister of the Committee’s concerns described in this report and any other matters arising at the meeting, particularly in relation to:

4.2.1.      The Regional Planning Committee’s own role and responsibilities regarding planning documents prepared under the RMA

4.2.2.      the impact of a WCO process on existing Council-led initiatives including the TANK process and science programme

4.2.3.      the desirability of waiting for outputs from the current work programme to better inform land and freshwater management planning decisions

4.2.4.      the risk to integrated land and water management of the Ngaruroro and other connected rivers and groundwaters

4.2.5.      the risk to the Council and community efforts to implement the NPSFM 2014

4.2.6.      the CEF-funded project being led by the Regional Council to develop criteria and methodology for use in identifying values of outstanding water bodies in NPSFM 2014 terms

4.2.7.      the potential inefficient use of resources as Council, iwi and stakeholders are diverted by a process that seeks the same outcomes as existing processes to progressively and fully implement the NPSFM before 31 December 2025

4.2.8.      the limitations to consider the full range of management options available under the RMA to manage land and water use in the subject catchments.

Future of the Greater Heretaunga/Ahuriri (TANK) Collaborative Stakeholder Group

5.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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 future of the Greater Heretaunga/Ahuriri Collaborative Stakeholder Group (a.k.a. the ‘TANK Group’).

6.      Agrees that the TANK science work programme and the TANK Science Technical Advisory Group continue their work as a matter of priority for the Council.

7.      Requests that the Group Manager Strategic Development:

7.1.      reports back to the Regional Planning Committee meeting in April 2016 with a draft ‘master plan’ for the TANK plan change project outlining critical deliverables and dependencies between now and the plan change becoming operative

7.2.      reports back to the Regional Planning Committee meeting in April 2016 with a framework to clarify the relationship between the Regional Planning Committee and any collaborative regional plan development processes undertaken in the region, including protocols around membership

7.3.      reports back to the Regional Planning Committee meeting in April 2016 with a proposed approach to the TANK Group’s operations, including on matters of leadership and facilitation

7.4.      reports back to the Regional Planning Committee, upon enactment of the Resource Legislation Amendment Bill, with an analysis of options for any statutory recognition of past or future collaborative planning within the TANK project.

Tutaekuri and Ngaruroro Catchments – Nutrient Limitation of Algal Growth

8.      Approves the “Tutaekuri and Ngaruroro Catchments – Nutrient Limitation of Algal Growth report for publication.

Karamu Catchment – Ecological Health of Lowland Streams

9.      Approves the “Karamu Catchment – Ecological Health of Lowland Streams” report for publication.

Resource Legislation Amendment Bill

10.    Makes a submission on the Resource Legislation Amendment Bill, which is broadly supportive of the Local Government New Zealand (LGNZ) submission (draft attached), and raises points requiring further explanation and consideration of particular concerns from a local Hawke’s Bay perspective.

Marine Protected Areas Consultation Document

11.    Supports Local Government New Zealand’s preparation of a submission on the Marine Protected Areas consultation document, on behalf of the Local Government sector.

Reports Received

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

12.1.    Verbal Presentation of Ngati Kahungunu Iwi Incorporated’s Perspectives on Change 5 to the Regional Resource Management Plan

12.2.    February 2016 Resource Management Planning Project Update

12.3.    November 2015 - January 2016 Statutory Advocacy Update

 

 

Iain Maxwell

Group Manager
Resource Management

James Palmer

Group Manager
Strategic Development

 

Attachment/s

1

Draft Resource Legislation Amendment Bill Submission

 

 

  


Draft Resource Legislation Amendment Bill Submission

Attachment 1

 



Draft Resource Legislation Amendment Bill Submission

Attachment 1

 









HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

Subject: Report and Recommendations from the Corporate and Strategic Committee        

 

Reason for Report

1.      The following matters were considered by the Corporate and Committee on 17 February 2016 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 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 Significance and Engagement Policy and that Council can exercise its discretion and make decisions on these issues without conferring directly with the community.

Draft Councillor Meeting Attendance Records Policy

2.      Adopts the Recording and Publication of Councillor Meeting Attendance Policy (attached).

Reports Received

3.      Notes that the following reports were provided to the Corporate and Strategic Committee meeting:

3.1.      Report and Recommendations from the Finance Audit & Risk Sub-committee, including approval of the Finance Audit and Risk Sub-committee Charter, the HBRC Risk Management Policy and Risk Management Framework, and undertaking of a Cyber Security internal audit within existing budgets.

3.2.      Napier City Council Multi-use Velodrome Proposal

3.3.      Health and Safety Update Report for the Period 1 November 2015 - 31 January 2016

3.4.      February 2016 Public Transport Update.

 

 

Paul Drury

Group Manager
Corporate Services

Liz Lambert

Chief Executive

 

Attachment/s

1

Councillor Meeting Attendance Policy

 

 

  


Councillor Meeting Attendance Policy

Attachment 1

 



HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

Subject: HBRC Environmental Flows        

 

Reason for Report

1.      A letter has been received from HBRIC Ltd in relation to a proposal previously traversed at a Council workshop on HBRC accessing additional flows from the RWSS for environmental purposes. The letter is appended as Attachment 1.

Discussion

2.      The forecast water uptake curve developed by HBRIC Ltd indicates that there is substantial “surplus” water stored in the early years of the Scheme. Access to this water or a portion of it, will have environmental value.

3.      The Concession Deed Agreement between HBRC and HBRIC Ltd currently allows for 4 million m3 of water for HBRC to access if paid for at that time. Note that this water is in addition to the 4 million m3 of water required by the Scheme for flushing flows as part of its resource consent conditions.

4.      HBRIC Ltd is proposing to HBRC that HBRC removes the provision described above from the Concession Deed agreement and replaces it with a 35 year Water User Contract, based on the Foundation Water User Agreement. In exchange HBRC will receive a total of 30 million m3 of water between Years 4 – 10 at no cost.

5.      From year 10 onwards HBRC will purchase 4 million m3 per annum on the same terms as a Foundation Water User, except HBRC would not pay the variable energy charge. HBRIC advise that their detailed financial analysis of the financial model base case for HBRC is significantly cash flow positive from year 10.

6.      It is anticipated that the additional water would be available for use by HBRC at its discretion for the purposes and at a time prescribed by HBRC without restriction.

Environmental benefits of proposal

7.      HBRC staff have undertaken a high-level initial assessment of the possible use of surplus water from the RWSS. This assessment is initially a qualitative one but it is envisaged that, should Council agree to the proposal, that a more detailed quantitative assessment of environmental benefits and environmental projects would be developed.

8.      The options identified by staff that would benefit from additional flows include:

8.1.      Augmenting flows in small streams – Generally speaking small streams benefit more from small flow increases than do large rivers. Therefore flow augmentation for the Papanui or Mangatarata (Hatuma fed), would probably make more difference than augmenting the Tukituki River. Benefits for the stream would include increased oxygen concentration for the duration of augmentation.

8.2.      Lake Hatuma reduced residence time and flushing – The Mangatarata Stream is fed by Lake Hatuma. Flow augmentation of the Mangatarata Stream could also benefit Lake Hatuma. Benefits for the lake would include reduced residence time to reduce risk of cyanobacterial bloom. Another benefit for Lake Hatuma would be reduced phosphorous concentrations through flushing.

8.3.      Increased flushing flows for the mainstem rivers - Another potential use of the surplus volumes would be to support experimental investigations of flushing flows for the Makororo, Waipawa and Tukituki Rivers. We expect the largest source of uncertainty in the flushing flow investigations was the flow required to scour algae.

The surplus water could be used to trial releases of larger magnitudes/durations to test their effectiveness. Alternatively, they could simply allow for more flushing releases per year at the prescribed magnitude.

8.4.      Temperature refugia – Water temperatures get high in the Tukituki. Increasing flow would increase the distance it takes for the river to heat up to equilibrium with air temperatures. Global temperatures have risen over the last century and will continue to rise. Any tools we have to increase the length of viable habitat for cold water species will be beneficial. Such releases would take the form of increased low flows during the hottest times of year.

8.5.      Opening/enlarging of river mouths – closed river mouths can reduce fish access and impair estuarine water quality. Flushing flows could be a useful tool in dealing with this problem. This could be combined with digging at the mouth and natural flow events.

Financial discussion

9.      The proposal is based on the premise by HBRIC Ltd that by the time HBRC is required to pay for the 4 million m3 per year the scheme will already be significantly cash flow positive for the HBRC-Group investment even after paying for the environmental flows. 

10.    As the cash flows from RWSS to HBRIC are still being finalised and will form part of the RWSS financial model, the recommendations from this paper include a condition that Deloittes confirm, as part of their due diligence process on the RWSS, that these cash flows can provide funding to HBRC for the purchase of 4 million m3 from year 10.

11.    Also depending on the demand and uptake for water by year 10, there could be an opportunity for HBRC to on-sell this water to farmers. 

Decision Making Process

12.    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:

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

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

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

12.4.   The persons affected by this decision are all persons with an interest in the management of the Tukituki catchment. 

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

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

Recommendations

That Council:

1.    Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to have an interest in the decision.

2.    Acknowledges the potentially significant environmental benefits of an additional 30 million m3 of water for the Tukituki system over the next ten years and an additional 4 million m3 of water per annum from Years 10-35.

3.    Approves, in principle, entering into a 35 year Water User Contract with RWLP, as proposed in the letter from HBRIC Ltd, subject to:

3.1.       The RWSS proceeding; and

3.2.       Advice from Deloittes, as part of its due diligence process, that it is satisfied that the cash flows from the RWSS will provide for the costs of the purchase of 4 Million m3 of water per annum from Year 10 onwards.

 

 

Paul Drury

Group Manager
Corporate Services

Iain Maxwell

Group Manager
Resource Management

 

Liz Lambert

Chief Executive

 

 

Attachment/s

1

Letter to HBRC on Concession Deed and Environmental Flows

 

 

  


Letter to HBRC on Concession Deed and Environmental Flows

Attachment 1

 

18 February 2016

 

Mrs L Lambert

Hawke’s Bay Regional Council

Private Bag 6006

NAPIER 4110

 

Dear Liz

 

CONCESSION DEED AND HBRC FLOWS

Introduction

At the HBRC/HBRIC Ltd Council Workshop in January 2016, held in commercial confidence, it was tabled that a revised proposal with respect to HBRC Flows would be made at the next council meeting. This paper sets out the proposal for discussion and a decision at the 24 February 2016 Council meeting.

HBRC Flows: Current Position

The Concession Deed sets out the current position with respect to HBRC FLOWS. The key features are:

·      HBRC has an option, but no obligation, to purchase up to 4m3 per annum at the infrastructure charge in the Foundation Water User Agreements i.e., at 23c escalated at CPI. (section 25.4 Concession Deed); and

·      HBRC Flows rank ahead in terms of priority of delivery of all contracted and spot water in (section 24.1 Concession Deed).

·      The “HBRC Flows” are not under this construct available unless paid for which in a practical sense means they are likely to be problematic to budget for.

·      Conversely the Scheme needs to reserve the water regardless of whether or not it is used

HBRC Flows: Proposal

The following is the revised proposal with respect to HBRC Flows;

·      HBRC enters into a 35 year HBRC Water User Contract, which is based on the Foundation Water User Agreement;

·      HBRC will receive 30Mm3 in total of water at zero cost up until Year 10 as per the profile in Table 1. This water will have the same priority of distribution as Foundation Water Users; and

·      From year 10 onwards HBRC will purchase 4Mm3 per annum of water on the same terms as Foundation Water Users except the cost will be calculated only on the volumetric charge and excludes the variable energy charge.  

Year post Financial Close

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

HBRC Flows

Annual Water supplied (Mm3)

0

0

0

8

6

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

Price payable under Foundation Water Agreement (real volumetric charge c/m3)

0

0

0

17

17

17

17

23

23

23

23

23

23

23

23

23

23

23

23

23

HBRC Water Price payable (real volumetric charge c/m3)

0

0

0

0

0

0

0

0

0

23

23

23

23

23

23

23

23

23

23

23


Letter to HBRC on Concession Deed and Environmental Flows

Attachment 1

 

A summary of the new proposal for HBRC is as follows:

·      35 year value of the water if sold to other parties = $52.2m (calculated as Annual Volumes * Foundation Water nominal volumetric price)

·      35 year cost of the water to HBRC = $43.1m  (calculated as Annual Volumes * nominal HBRC Water Price Payable)

·      Revenue foregone by RWLP to deliver HBRC flows for environmental benefits =  $9.1m – a proxy value for the environmental benefits delivered

Affordability

HBRIC Ltd have undertaken detailed analysis of the financial model base case for the HBRC Group from both its investment in the RWSS and its payments for environmental flows. This demonstrates that on a net basis the HBRC Group-level investment in the RWSS is still significantly cash flow positive for HBRC/HBRIC Ltd after paying for the environmental flows from year 10.

Recommendations

HBRIC Ltd believes there is a sound environmental and financial case for:

1.   Removing the provision of HBRC flows from the Concession Deed, and;

 

2.   Entering into a conditional water user agreement with HBRIC Ltd subject to the scheme proceeding.

 

Yours sincerely

 

 

SC450 - 21508040817190

 

 

Andrew Newman

Chief Executive

HBRIC Ltd

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 February 2016

Subject: HBRIC Ltd February 2016 Verbal Update        

 

Reason for Report

1.      HBRIC Ltd will verbally update Council on its activities over the late January-February 2016 period.

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

Decision Making Process

3.      Council is required to make every decision in accordance with the Local Government Act 2002 (the Act).  Staff have assessed the 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 February 2016 Update” report.

 

 

Liz Lambert

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

SUBJECT: Monthly Work Plan Looking Forward Through March 2016        

 

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

 

1.    Consultant continues to develop HBRC/HBRIC Alternative Proposal for Rail Freight service Napier-Wairoa. If service is feasible paper will be brought to March Council meeting.

2.    Ongoing liaison with Eastland Group on repair of Waihi Dam

3.    Development of Annual Plan Consultation Document

4.    Initial preparation for Candidates Information Evening for Local Body elections

 

External Relations

Communications

5.    Our Place has migrated to a bi-monthly one-page newsletter, targeted to CHB Mail, Napier-Hastings Mail and Wairoa Star - the pilot release date was 16 February.

6.    Staff are assisting with resource development for Waitangi Estuary Enhancement, Tukituki implementation, Water Symposium, Biodiversity Strategy launch, Share the Road campaign, ‘We Are.’ LGNZ campaign.

 

Transport

7.    Investigations are underway into potential bus service improvements to be implemented starting with new contract in August 2016, with focus on improving journey times and reliability on Route 12 between Napier and Hastings.

8.    Progress made with potential re-direction of unused road safety funding into driver licensing programmes. A proposal has been prepared and circulated to the Intersectoral Group.  Member organisations have agreed in principle to fund the local share, and permission will now be sought from NZTA to use its allocation for this purpose.

9.    Cycle Trails Manager role is being established as a shared resource between HBRC, HDC and NCC to coordinate infrastructure, draw funding investment to HB, promote the network and advocate behaviour change.

10.  Nationwide consultation is underway on changes to :

·    the allocation of funding for the SuperGold card transport scheme

·    rules for the operation of small passenger services such as taxis, shuttles and private hire services (e.g. Driving Miss Daisy, Uber).

Corporate Services

 

11.  Annual Plan to be covered in Council workshop on 2 March 2016.

12.  Annual Plan Consultation Document to workshop on 16 March 2016.

13.  Adoption of final Consultation Document at Council Meeting on 30 March 2016.

Asset Management & Biosecurity

Coastal

14.  Coastal Strategy Joint Committee meeting scheduled 10 March.  The Committee expects to receive the finalised technical report quantifying the hazards and risks associated with those hazards, and agree to the process for completing the Strategy document and developing a range of options for mitigating the hazards.

 

Biosecurity

15.  Six out of eight wireless trapping trials underway with community groups or individuals will be finished in March. The trials have delivered valuable information. Two trials will continue.

16.  A range of completed research reports will be received from LCR for the C2C project including urban and rural surveys into community views and values around predator control.

17.  The Cape to City project work programme continues with preparation for initial predator control to start in April. 1-1 Landowner contact within the project will start regarding initial control.

18.  Conversations continue with Comvita about the potential for a partnership in high performance manuka plantations as a tool for driving better hill country economic and environmental outcomes will continue. A draft MOU is being prepared for Council to consider in May.

 

Land Management

19. The main priority for the team this month is to continue to visit larger farmers in the priority sub-catchments of the Tukituki. Approximately 50 farm visits have occurred in late January and February. The team is raising awareness of PC6 and discussing the implications of that on landholders in areas with greater issues around water quality. Opportunities for early uptake of FEMPs and the future sub-catchment community work programs are key points of discussion.

20. There is a second nutrient budget working group meeting being held in March to consider a range of issues around meeting the requirements for all farmers needing nutrient budgets in the Tukituki by 2018. This meeting includes nutrient budget providers from the primary sector and private consultants.

21. There has been a raft of communication materials promoting various aspects of PC6 implementation put together and circulated to landholders in the Tukituki over the last few months that have involved significant Land Management Team input. Staff have noted that there is a noticeable increase in landholder awareness around both PC6 and their individual obligations within that.

22. The Farm Forester of the Year field day will be on the 19th of March with the winner to be announced shortly.

 

Engineering & Asset Management

23.  Start the Awanui Stopbank contract construction.

24.  Tenders to be called for Ebbett’s stopbank (2.5 km) on the Tutaekuri River ready and start construction, 8 week contract.

25.  Kopuawhara Stopbank rebuilding contract to begin.

26.  Project management for $M15 Waipoa River stopbank upgrade programme (Gisborne DC) ongoing. Risk workshop planned with GDC.

27.  City revetments design and contract project for GDC and other smaller projects.

28.  Upper Tukituki scheme rating review ongoing.

29.  Hydrology review HPFCS phase 1.

30.  Flood protection condition assessments.

31.  River maintenance contracts ongoing.

32.  Drainage maintenance contracts ongoing.

Asset Management & Biosecurity

Open Spaces

33.  Te Karamu Enhancement Strategy Review and Draft Implementation Plan update to E&SC March 2016.

34.  Lotteries application being submitted 24th February to support the Waitangi Estuary Enhancement. Appx value 300k.

35.  Pakowhai Regional Park toilet construction underway expected completion late February.

36.  Tutira Regional Park stakeholder field trip scheduled for 18th February. Management plan draft to commence.

37.  Waitangi Regional Park bird hide and track construction commencing February.

38.  HDC / Te Mata Park Trust have completed draft Te Mata Park plan. Update to E&SC March 2016.

Resource Management

Compliance

39.  The prosecution of the Te Mata Mushroom Company for discharge of odour continues with the defended hearing set down for April 2016.

40.   The investigation into the discharge of silt into the Waihi Stream from the Waihi Dam will continue. Running parallel to this will be the repair of the dam and the mitigation of any possible continuing discharge. Repairs have been consented and began on 17th February. Estimated time of completion is approximately 3 weeks. Dependent on weather and no further complications.

Resource Management

Science

General Science

41.  Draft metadata template for discovering Regional Council publications on HBRC website will be populated by staff.

Water Quality and Ecology

42.  Work continues on 6 technical SoE reports by June 2016

43.  Further work on Waihi Dam incident continues – looking at water clarity and sedimentation effects downstream of the discharging slurry.

44.  Science support for TANK work continues

45.  Science support for the Tukituki Plan Change – longitudinal investigation in the Porangahau & Maharakeke, and preparing interpretation material for farm environmental management plans

46.  Environmental scientist will start in next two months (to backfill Andy Hicks’ appointment as Team Leader)

47.  Finalising Tutira water quality modelling with University of Waikato, to identify potential remediation options to avoid algal blooms

48.  Twin investigations by summer interns at Massey University – investigating materials suitable for absorbing phosphorus, and evaluating options for treatment wetlands at sites with high DIN (with Land Science)

Coastal

49.   The Recreational Water Quality Monitoring programme continues.  Recent cyanobacteria growths on the Tukituki River and in Lake Tutira continue to be the focus for monitoring and liaison

50.  SoE 5-yearly reporting is being completed to draft stage.

51.  Upper Ahuriri Estuary investigations being scoped.

Land Science

52.  Review of new draft Land Science Strategy completed, and revisions being undertaken

53.  Meeting with Brownrigg farming held to discuss Land Management and Land Science work programmes in Papanui, and collaborative work on peat soils will be proposed

54.  Development of land use models for TANK nutrient modelling will commence

Hydrology

55.   Water level sites on the upper Mohaka and Maharakeke rivers continue to be developed

56.  Low flows are increasing in number, and will continue to be monitored

57.  GNS are studying temperature along the Ngaruroro River using an optical fibre system

58.  Northern back country rain gauge sites serviced, southern sites to be serviced

59.  Refurbished Tukipo weir is being quality checked

Groundwater

60.  Continued development of groundwater model for Heretaunga Plains

61.  Analysis of water use data reveals it is of limited value, alternative methods for estimating water use being developed

62.  Upper TANK catchment surface water modelling being commissioned, contractor starts work shortly

Air/Climate

63.  Climate analysis for SoE reporting on hydrology to be completed shortly

64.  Scenarios for climate change being developed for TANK

65.  Tailored seasonal forecasts being developed with LM

 

Consents

66.   Notified or limited notified consents in process.

a.   Terry Longley and Son Limited (DP150280A - to discharge to air from a crematorium - Havelock North - submissions closed 26 January 2016 6 submissions received. On hold while applicant meets submitters.)

b.  Twyford (WP140331T - global consent to take emergency water from groundwater with stream depletion effect on the Ngaruroro), Ngaruroro group (expiring consents taking from Ngaruroro surface water or adjacent stream depleting groundwater). Prehearings have been held for these two applications and are near resolving without the need for a hearing. Consents likely to be issued in February. 

67.   Environment Court Appeals

a.             Pan Pac (CD96033Wf to extend their outfall and discharge further out to sea). ). Mediation was unsuccessful. Tentative appeal hearing date – May / June.

b.             CPM Asphalt (DP150070A to discharge to air from an asphalt plant). Awaiting instructions from Environment Court.

68.  All Resource Consents received are circulated weekly to all Councillors and can be viewed on the HBRC website.

Strategic Development

Resource Management Planning

69.  Further report on review of TANK Group and wider TANK plan change project to be presented to Regional Planning Committee meeting in April.

70.  Awaiting next steps regarding Minister for the Environment’s handling of the Water Conservation Order application for the Ngaruroro and Clive rivers.

71.  Submissions invited on Resource Management Amendment Bill.  Following February’s RPC meeting, staff are preparing comments to forward to LGNZ for incorporation in sector-wide submission (submission deadline is 14 March).  Also refer to separate report in Regional Council agenda for 24th Feb meeting.

72.  Submissions invited on proposed amendments to Marine Protected Areas legislation by 11 March 2016.  Comments have been forwarded to LGNZ for incorporation into sector-wide submission.

73.  Review of Heretaunga Plains Urban Development Strategy (HPUDS) is underway.  Consultant has been engaged to project manage Phase 1 of the Review.  HPUDS Implementation Working Group meeting is scheduled 29 March 2016 to cover preliminary Review Phase 1 outputs.

74.  Ongoing involvement in 10 appeal proceedings for proposed Hastings District Plan review.  2016 likely to involve Environment Court-assisted mediation for several of those appeals.

75.  Emerging involvement in HastingsDC’s preparation of four draft District Plan variations relating to zoning and land use at Howard Road, Iona (both residential areas); and Omahu Road and Irongate (both industrial areas).

76.  Official launch of the Regional Biodiversity Strategy is scheduled for 17th March at Elwood Function Centre.

Strategic Development

Economic Development

77.  Continuing to work with NZT&E and Callaghan to implement new RBP initiatives and establish new operational protocols with HB Chamber now that it is sub-contracted to HBRC do provide services for the program. A national training programme for all RBP Advisors commences mid March.

78.  Reviewing RBP systems and processes, customer experience, service visibility and team capability

79.   Working with BHB on next steps for Frost & Sullivan report on future value-add F&B opportunities for the region (BHB project with HBRC support). We have undertaken a learning journey visit to Venture Taranaki, acknowledged in the network having best practice systems. 

80.  Support REDS process, particularly recent Maori-led engagement initiative with 3 regional hui, and now moving to support the development of the Action Plan for submission to central government.

81.  Support RWSS work streams as required.

Hawke’s Bay Civil Defence Emergency Management Group

Developing Capability

82.  Three new staff members have recently commenced over the next month and the focus will be on inducting them into HBRC and the CDEM Group.

83.  Work will also begin on implementing the Group Work Programme, in particular a program for the development of Community Response Plans has commenced with Hasting and Wairoa District and Napier City Councils.

84.  Work has also commenced on incorporating corrective actions from the Final Report Exercise Te Matau-a-Māui into the Group Work Programme – in particular an ongoing training and exercise programme.

 

Decision Making Process

2.      Council is required to make every decision in accordance with the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded that as this report is for information only and no decision is required, the decision making requirements of the Act do not apply.

 

Recommendation

1.      That Council receives the Monthly Work Plan Looking Forward Through March 2016 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

James Palmer

Group Manager
Strategic Development

Liz Lambert

Chief Executive

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL 

Wednesday 24 February 2016

Subject: Chairman's Report for January-February 2016        

 

Reason for Report

1.      This report presents the month’s activities, meetings etc. attended by the Chairman, along with discussion points and the thoughts/perceptions in relation to issues facing the Council and/or the Region.

Chaired Meetings

27/1/16       HBRIC Ltd and Regional Council Workshop

27/1/16       Regional Council

3/2/16         Regional Planning Committee

17/2/16       Annual Plan Workshop

22/2/16       Hawke’s Bay Local Government Leaders Forum

Discussion Points

Regional Parks

2.      In recent times the legislation around Regional Parks only included Wellington and Auckland. As this was relaxed seven years ago all regional councils formed or (in most cases) renamed their outdoor areas regional parks. Hawke’s Bay was no exception and we have a variety of parks, both established and under development, close to the main urban areas of Napier and Hastings.

3.      I am conscious, however, that we have no such areas in the North or South of the region. I would like to see the Council consider growing our register of regional parks and place particular emphasis on Wairoa and Central Hawke’s Bay.

Rail

4.      The discussion on resuming a service on the Napier Gisborne rail line has been ongoing since the mothballing of the line in 2011. The mothballing was a result of significant track failure following a storm and washouts on the line north of Opoutama. This report is an update on where we are today in our discussions with Kiwi rail.

4.1.      HBRC is still in negotiations with KiwiRail

4.2.      The deadline for completion has been extended to the end of March 2016

4.3.      HBRC is considering taking a form of lease over the track and engaging KiwiRail to provide a service on the line

4.4.      KiwiRail has provided a number of service options for the HBRC to consider

4.5.      HBRC is working through these options

4.6.      Logs would be the major commodity carried

4.7.      No decisions or commitments have been made at this point

4.8.      Negotiations are commercially sensitive and ongoing

4.9.      KiwiRail has been very constructive and helpful with this round of discussions.

Regional

2/2/16         Regional Sector SIG Conveners’ Plenary Session with CE

5/2/16         LGNZ National Council meeting

12/2/16       Regional Sector Group meeting with CE


HB

1/2/16         HB Intersectoral Leadership Meeting

22/2/16       Meeting with HB Mayors re High Level Discussion as the Governance Group of the Intersectoral Forum on Draft Regional Plan

22/2/16       HB Local Government Leaders’ Forum   

Iwi

5.      Attended Regional Council MAORI committee meeting with the Wairoa Taiwhenua at the Wairoa Community Centre

Decision Making Process

5.       As there are no decisions to be made, the decision making process does not apply.

 

Recommendation

1.      That Council receives the January-February 2016 Chairman’s report.

 

 

Fenton Wilson

Chairman

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

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 24 February 2016

Subject:      RWSS Private Funding      

That Council excludes the public from this section of the meeting, being Agenda Item 17 RWSS Private Funding 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

RWSS Private Funding

7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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).

7(2)(j) 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 prevent the disclosure or use of official information for improper gain or improper advantage.

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

 

 

 

Paul Drury

Group Manager
Corporate Services

 

  


HAWKE’S BAY REGIONAL COUNCIL  

Wednesday 24 February 2016

SUBJECT: HBRIC Ltd 2015 Board Performance Review      

That Council excludes the public from this section of the meeting, being Agenda Item 18 HBRIC Ltd 2015 Board Performance Review 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 2015 Board Performance Review

7(2)(a) 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 protect the privacy of natural persons.

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

 

 

 

Liz Lambert

Chief Executive

 

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 February 2016

SUBJECT: Confirmation of Public Excluded Minutes of Regional Council Meeting Held 27 January 2016

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

Confirmation of Public Excluded Meeting held on 16 December 2015

7(2)(a) 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 protect the privacy of natural persons

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

 

 

 

 

Liz Lambert

Chief Executive