MINUTES OF A meeting of the Regional Council

Date:                          Wednesday 24 February 2016

Time:                          9.00 am

Venue:

Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER

Present:                     F Wilson - Chairman

R Barker

P Beaven

T Belford

A J Dick

R Graham

D Hewitt

D Pipe

C Scott

In Attendance:          M Mohi – Chairman – Maori Committee

E Lambert – Chief Executive

P Drury – Group Manager Corporate Services

I Maxwell – Group Manager Resource Management

L Hooper – Governance & Corporate Administration Manager

J Palmer – Group Manager Strategic Development

M Adye – Group Manager Asset Management

1. Welcome/Prayer/Apologies/Notices 

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

2. Conflict of Interest Declarations

There were no declarations of interest.

3.       Confirmation of Minutes of the Regional Council Meeting Held on 27 January 2016

RC1/16

Resolution Minutes of the Regional Council Meeting held on Wednesday 27 January 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. Hewitt/Scott CARRIED

4.       Matters Arising from Minutes of the Regional Council Meeting Held on 17 February 2016

In relation to Item 4 (pg 2) Matters Arising, an update was sought on legal advice in relation to the sale of land at Marewa Shops. Mrs Lambert advised that the advice confirmed that due process had been followed by Council, and a letter communicating that advice was sent to the person who had enquired.

Item 16 minor items (pg 8), Water Symposium, an update was sought. Mr James Palmer advised it will be held in March, and the Minister for the Environment has been invited to speak on his proposed Water Reforms either as part of the Symposium or the day before/after as a separate function. In relation to submissions on the Water Reforms discussion document, Mr Palmer advised that input will be sought from all members of the Regional Planning Committee in advance of the next meeting on 20 April to enable a submission to be lodged by the deadline.

There were no further matters arising from the minutes.

5.	Follow-up Items from Previous Regional Council Meetings
	Mrs Lambert provided an update on the status of the items being followed up, including discussion around the Water Symposium and future discussions around charging royalties for water and the Water Reforms discussion document. Mr Iain Maxwell provided an update on the investigation into how the events at Waihi Dam came about and works to mitigate the damage of ongoing silt discharge into the river. Two gabion baskets have been put into the river to stop the flow of sediment into the Waiau River while work on getting the gates shut is carried out. An Abatement Notice was issued 24 December 2015, which was temporarily suspended when Eastland Group sought and was granted a suspension due to concerns raised about the dam’s stability, and subsequently re-enacted 5 January 2016 after a public risk assessment carried out showing that risk level was low.
RC2/16	Resolution 1.      That Council receives the report “Follow-up Items from Previous Regional Council meetings”. Wilson/Barker CARRIED

6.	Call for any Minor Items not on the Agenda
	Recommendation That Council accepts the following minor items not on the Agenda, for discussion as Item 15: 1.     Wellington Water Forum (Cr Beaven)

7.

Affixing of Common Seal

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

		Seal No.	Date
1.1	Leasehold Land Sales 1.1.1     Lot 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	3903	3 February 2016

RC3/16

Resolutions

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.

Scott/Dick

CARRIED

8.	Report and Recommendations from the Regional Planning Committee
	The paper was taken as read. Discussion and debate traversed the cost-benefit analysis for a deep groundwater drilling programme on the Heretaunga Plains and whether that work is able to be brought forward given the importance of the aquifer to the region. It was reiterated that the rationale for decision by RPC to delay until next LTP was that the Greater Heretaunga Plan change (TANK) process and science work for that need to be prioritised and completed with urgency, and redirecting resources (money and staff) to a deep drilling programme would result in delays to that. It was also noted that given it would be a ‘material variation’ to what is in the current LTP, if the work is brought forward to this year (2016) public consultation through the 2016-17 Annual Plan is required and there is not time available to undertake the detailed cost-benefit analysis required in time for that to happen.
RC4/16	Resolutions 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 and persons likely to be affected by or to have an interest in those decisions. 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 Long Term Plan, 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. Scott/Hewitt For: Hewitt, Scott, Beaven, Pipe, Wilson Against: Graham, Barker, Belford Abstained: Dick CARRIED

9.	Report and Recommendations from the Corporate and Strategic Committee
	Councillor Hewitt, Chairman of the Corporate and Strategic Committee, provided an overview of the discussions and considerations at the meeting on 17 February, and also the Finance, Audit and Risk Sub-committee meeting held on 11 February.
RC5/16	Resolutions 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. Councillor Meeting Attendance Records Policy 2.      Adopts the Recording and Publication of Councillor Meeting Attendance Policy (following). 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 as amended at the meeting, 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. Dick/Hewitt CARRIED Recording and Publication of Councillor Meeting Attendance Policy First Introduced: February 2016 Person Responsible for Reviewing Policy: CEO Next Review Due: February 2017 Rationale This policy outlines Hawke’s Bay Regional Council’s (HBRC’s) policy on the recording and publication of councillor meeting attendance. Policy 1. Local Government Act 1.1. In accordance with section 39 of the Local Government Act, the Hawke’s Bay Regional Council will act in accordance with the following principles: 1.1.1. Ensuring that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; and 1.1.2. Ensuring that the governance structures and processes are effective, open and transparent 2. Long Term/Annual Plans and Annual Reports 2.1. Audit New Zealand requires that Council and Committee meeting attendance overall is reported against the specific performance measures in the Long Term/Annual Plan for the Governance, Community Engagement and Services Activity; Activity 3 “Community Representation and Regional Leadership”. 2.2. In the 2015-2025 Long Term Plan the relevant level of service measure for this activity is: “Councillors’ attendance at monthly Council and committee meetings achieving at least 90% attendance of elected and appointed members” with the required action to achieve the performance target being the monitoring and recording of meeting attendance. 2.3. Council’s Annual Reports must include a report on the remuneration that was received by, or payable to the chairperson and each of the other elected members of Council 3. Remuneration and Audit 3.1. In accordance with the Public Records Act Audit New Zealand requires that there be a record of attendance at meetings as relates to travel claims for mileage to and/or from Council and Committee meetings, and any other meetings to functions that Councillors are paid a travel allowance for, as part of the disclosure of remuneration outlined in 2.3 3.2. Section 5 of Council’s Policy on Elected Members Allowances and Expenses states that a vehicle mileage allowance is payable to an elected member for travel if the travel is on Council business. 3.3. “Council business” is defined as “official Council business whereby elected members are invited or required to attend both informal and formal meetings or events related to Council. These do not include meetings with constituents, or the elected member’s own initiatives to familiarise or better inform themselves in any way with Council business, or where a Council function is primarily entertainment.“ 4. Recording of Councillor Attendance on Council business 4.1. Where an elected member is attending a meeting or an event that falls within the definition of Council business their attendance shall be recorded. This meets the requirements of the Public Records Act as outlined in 3.1 4.2. For the purpose of clarity ‘Council Business’ includes Council workshops, field trips, seminars and meetings of outside organisations to which an elected member has been appointed by Council. 5. Publication of Councillor Attendance on Council business 5.1. The HBRC Annual Report is required to include remuneration paid to elected members including travel expenses. 5.2. Records of meeting attendance are not required to be published in the Annual Report and any inclusion of this information in an Annual Report will be subject to Council approval. 5.3. Records of councillor attendance on Council business are held as ‘official information’ under the Local Government Official Information and Meetings Act 1987.

10.	HBRC Environmental Flows
	Mrs Liz Lambert outlined the option the investment company has offered to Council, as an alternative means of making an additional 4M m^3 of water available to the Council for Environmental benefits or enhancement in the Tukituki catchment. The proposal is to remove the current provision in the Concession Deed (access to up to 4M m3 per year if paid for at the time at 23¢/m^3 plus CPI adjustments), and instead sign a 35-year Water User Agreement (WUA). Under the WUA Council would be able to take an additional 4 M m^3 of water each year at no cost in years 4-9 (6yrs x 4M m^3 = $0) and then pay the same charge per cubic meter (23¢/m^3) as agreed for Foundation WUA holders, excluding the variable energy charge (4M m^3 x 23¢ = $$920,000 per year), from year 10. The meeting adjourned at 10am and reconvened at 10.15am, with Councillor Barker absent Dr Andy Pearce explained that the resource consent requires the minimum flow at the base of the dam be maintained at 1.23 m^3 per second, maintain flows of 2% above minimum flows further downstream at the measuring stations on the Waipawa and Tukituki rivers, and that the flushing flows, of four 1 m^3 to be released over a 5 month period from 1 December at intervals of not more than 30 days, are in addition to the 4M m^3 being offered in the proposal being considered today. Discussions outlined: · The Concession Deed sets out flow priorities first for human safety and second for environmental flows (including the 4 m/m3 flushing flows and the HBRC flows included in the Concession Deed clause currently). Councillor Barker re-joined the meeting at 10.25am Mr Iain Maxwell explained the flushing flow volumes in the RWSS resource consent conditions were determined through, and based on, the evidence provided to the Board of Inquiry process. Ecologists agree that there is absolutely value in acquiring additional flows to be used for environmental benefits, whatever the amount. It was suggested that during the years until year 10, HBRC would be able to experiment with the 30 M m3 available at no cost, to establish the exact amounts of water required, when, to maximise environmental benefits. Examples of options Council might explore include augmenting flows in small streams, increased flushing flows for the Makaroro, Waipawa and Tukituki rivers, and increasing flows to extend the length of viable habitat for cold water fish species during the hottest times of the year. Mrs Lambert explained the clause in the Concession Deed requires that Council pays for any water taken for environmental purposes from day one. This alternative proposal would mean that water taken by HBRC for environmental flows will be free up until year 10, at which time Council will pay for the water whether or not they take it – at the same rate as those who have ‘Foundation’ WUAs, not including the variable energy charge. Further discussions traversed: · Cashflows from RWSS will be variable due to ‘re-gearing’ at different times, with estimates of HBRIC income (up to 2033) being $3.5M at the lowest and the cost of the water to Council between $1.3M and $1.5M per year ($32.5m - $37.5m) of forgone dividends (and retaining at least $2M in dividend payments each year) from the RWSS over the years 10-35 (2026-2051) of the WUA term under the proposed scenario. · Foundation WUA holders can trade with other Foundation WUA holders, and the price of water under the FWUA is guaranteed to be the ‘best’ price, and not to be ‘under sold’ to users of agreements signed after financial close. · Key driver for RWSS has always been for environmental benefits in the Tukituki catchment – this is an alternative to the (concession deed originally drafted) way HBRC might achieve environmental benefits over and above those guaranteed through the resource consent conditions. · The RWSS special consultative process in 2014 was about the proposal to invest up to $80M capital, whereas this decision is in principle and subject to further advice from Deloitte before any commitment is made by Council. Advice will be sought from Audit New Zealand on the type and timing of consultation that may be required before any WUA can be drafted and then signed.
RC6/16	Resolutions 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 m^3of water for the Tukituki system over the next ten years and an additional 4 million m^3of water per annum from Years 10-35 over and above the flushing and other flows provided for by the resource consent. 3.     Approves, in principle, entering into a 35 year Water User Contract with Ruataniwha Water Limited Partnership, as proposed in the letter from HBRIC Ltd, subject to: 3.1        The Ruataniwha Water Storage Scheme proceeding; 3.2        Advice from Deloitte, as part of Council’s 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 m^3 of water per annum from Year 10 onwards; and 3.3 Confirmation from staff and HBRIC Ltd that the net position of dividend paid by HBRIC Ltd less the cost of the HBRC flows will be consistent with the HBRIC Ltd Statement of Intent 4. Notes that by entering into a Foundation Water User Agreement Council will be creating an asset which at any future time it may sell all or any part of its available water. Scott/Dick For: Dick, Hewitt, Scott, Pipe, Wilson Against: Graham, Beaven, Barker, Belford CARRIED

11.	HBRIC Ltd February 2016 Update
	Dr Andy Pearce and Andrew Newman spoke to the report, noting that the water contracting process is converting consented groundwater to stored water which will positively impact on flows, and adding that the decision from the High Court upholding the DoC land exchange decision had been released and HBRIC is pleased that the judge’s decision is ‘in favour’ of the DoC decision to approve the exchange. Discussion traversed: · No update on contracted water as not currently acting on approaches for additional water, and the ‘sales force’ having been suspended until a preferred investor announcement is made · Clarification that expenditure on landowner negotiations was related to land acquisition within the dam footprint and headrace, and water uptake expenditure was for a permanent employee who has been carrying out detailed technical (water application and flow rates in the secondary distribution network) and legal work as part of the final contracting process · Number of consents still to be applied for. Additionally, Resource consents for additional production landuse have been granted, to enable the scheme to deliver irrigation water to additional landowners – the expanded zones now include 438 farming enterprises (over 20 hectares in size) · The distribution network details, including pipe sizes, flow and irrigation application rates, river release and out-take efficiency for the primary distribution network and headrace, being worked through to finalise details of the D&C contract · Impacts of inflation given the delays to date, on the price of water and the D&C contract · Changes to resource consent conditions and nutrient management requirements require amendment and re-signing of all Water User Agreements signed to date · Current forecast based on current contracted land uses is for 28,000 ha of mostly mixed red meat/arable land use with some existing dairy, plus additional horticultural production land · Analysis shows that there is substantially more land that ‘would like to be irrigated’ than can be supplied with water · Landowners ‘hedging’ in two ways: by not irrigating all the irrigable land on their farm and initially contracting for 70% of the optimum amount of water to leave room for expansion · Updated regional economic analysis to be made available to Council before the end of March · Subject to Investor completing due diligence and governance processes, preferred investor announcement should be made within next few weeks · Reconfirmed that geotechnical work HBRIC sought additional loan funding for in January is not part of dam construction, but necessary to finalise the design of the dam structure
RC7/16	Resolution 1.      That Council receives and takes note of the “HBRIC Ltd February 2016 Update” report. Dick/Hewitt For: Dick, Hewitt, Scott, Beaven, Pipe, Barker, Belford, Wilson Against: Graham CARRIED

12.	Verbal Report from the Maori Committee Meeting held 15 February 2016
	Mr Mike Mohi, Maori Committee Chairman, provided an overview of discussions at the meeting held in Wairoa highlighting main issues relating to forestry harvesting, Wairoa River flooding and mitigation options, the Waihi Dam and possible resource consent processes at Mahanga.
RC8/16	Resolution 1.      That the Verbal Report from the Maori Committee Meeting held 15 February 2016 be received. Scott/Beaven CARRIED

13.	Monthly Work Plan Looking Forward through March 2016
	Questions and discussions traversed: · Part of the groundwater modelling to understand water use includes the use of historical wateruse data, which has been found to contain gaps or errors making it less valuable and in some cases of no value. National project to establish standards for data collection, recording and use. · REDS moving to development of an Action plan for submission to central government, which includes the outcomes from recent Maori-led initiatives. Ongoing discussions with MBIE as an avenue for testing proposed initiatives for central government acceptance for funding partnership. Some concerns expressed about possible duplication of effort with parallel workstreams being undertaken by different people/agencies. · Importance of the Clifton to Tangoio Coastal Hazards Strategy · Development of phosphorous absorbing wetland treatment options by students, and whether this type of technology will assist in rectifying issues at Tutira and with the CHBDC wastewater discharges
RC9/16	Resolution 1.      That Council receives the Monthly Work Plan Looking Forward Through March 2016 report. Beaven/Belford CARRIED

14.	Chairman's Report for January-February 2016
	The Chairman spoke to his report, highlighting opportunities for regional parks in the Wairoa and Central Hawke’s Bay areas, e.g. Mokotahi Hill at Mahia, Lake Hatuma. Councillor Barker left the meeting at 12.25pm The Chairman mentioned Kiwirail is being helpful with ongoing discussions, however struggling to find resource to progress talks, as well as outlining where those discussions are at currently. Intersectoral Group undergoing a ‘restructure; as it is unwieldy in current form and may be able to optimise opportunities for the region if more ‘governance’ focussed.
RC10/16	Resolution 1.      That Council receives the January-February 2016 Chairman’s report. Wilson/Beaven CARRIED

15.

Minor Items not on the Agenda

Item	Topic	Councillor / Staff
1.	2 day Water Forum held in Wellington, which Cr Beaven attended, included discussions around ‘next steps’ water management discussion paper from MfE, collaborative processes councils now undertaking, and papers will be made available to those who wish to have them.	Cr Beaven

16.	Verbal Update on CHB Wastewater Consents Monitoring Compliance
	Mr Iain Maxwell provided an update on CHB wastewater consents monitoring compliance, having served abatement notices on the Waipawa and Waipukurau plants in December 2014 requiring immediate steps be taken to address the poor performance of the plants. CHB sought advice resulting in changes to the way the plants operate, mainly by installing and using lamella clarifiers to remove flocculated material out of the waste stream. Discharge still not meeting requirements in relation to ammonia, and CHBDC has now applied for a change of conditions to allow higher ammonia levels in the discharge. More recent ongoing issues with phosphorous and e-Coli. Waipukurau plant at the limits of its allowable exceedences, and Waipawa is two exceedences away from its ‘allowance’. Currently monitoring whether formal prosecution through the Environment Court is required if Waipawa and Waipukurau plants continue to exceed their discharge consents. Current review of consent conditions to achieve compliance with Plan Change 6 requirements under way.
RC11/16	Resolution 1.      That the Verbal Update on CHB Wastewater Consents Monitoring Compliance be received. Hewitt/Beaven CARRIED

  Councillor Barker re-joined the meeting at 12.50pm

17.

RWSS Private Funding

RC12/16

Resolutions

1.     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 specific grounds under the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

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.

2.     That Dr Andy Pearce, Mr Sam Robinson and Mr Jim Scotland, HBRIC Ltd Board of Directors, and Mr Andrew Newman, HBRIC Ltd Chief Executive, attend for this item as the HBRIC Ltd representatives subject to the report.

Beaven/Dick

CARRIED

18.

HBRIC Ltd 2015 Board Performance Review

RC13/16

Resolutions

1.    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 specific grounds under the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

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.

2.     That Dr Andy Pearce, Mr Sam Robinson and Mr Jim Scotland, HBRIC Ltd Board of Directors, attend for this item as the HBRIC Ltd representatives subject to the report.

Beaven/Dick

CARRIED

19.

Confirmation of Public Excluded Minutes of the Regional Council Meeting Held on 27 January 2016

RC14/16

Resolution

That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes of the Regional Council Meeting held on 27 January 2016 Agenda Item 19 with the general subject of the item to be considered while the public is excluded; the specific grounds under the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

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.
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.

Beaven/Dick

CARRIED

The meeting went into public excluded session at 12.50pm and out of public excluded session at 2.57pm

Closure:

There being no further business the Chairman declared the meeting closed at 2.57pm on Wednesday 24 February 2016.

Signed as a true and correct record.

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