MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 27 April 2016

Time:                          9.00 am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     F Wilson - Chairman

R Barker (until 10am)

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

J Palmer – Group Manager Strategic Planning

P Drury – Group Manager Corporate Services

I Maxwell – Group Manager Resource Management

L Hooper – Governance & Corporate Administration Manager

A Redgrave – Transport Manager

M Collings – Corporate Accountant

A Newman – HBRIC Ltd Chief Executive

A Pearce – HBRIC Ltd Chairman

J Scotland – HBRIC Ltd Director

S Robinson – HBRIC Ltd Director

D McLeod – HBRIC Ltd

J Greer – CHB Farmer

M Lawson – Solicitor, Lawson Robinson

 

 


1.       Welcome/Prayer/Apologies/Notices

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

Council was advised that the timing of items is due to staff availability, and the Chairman will work through the items accordingly.

Further, if there are issues needing legal input in regards to Item 16 Annual Plan Progress, the CE advised that Mr Lawson will not be available to speak until after 2.30pm.

Councillor Barker advised he will need to leave the meeting at 10am to attend a funeral.

Resolution

RC1/16       That the apology for lateness from Cr Debbie Hewitt is accepted.

Graham/Beaven

CARRIED

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Regional Council Meeting held on 30 March 2016 and the Extraordinary Regional Council Meeting held on 20 April 2016

RC2/16

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 30 March 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Pipe/Dick

CARRIED

 

RC3/16

Resolution

Minutes of the Extraordinary Regional Council Meeting held on Wednesday, 20 April 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Pipe/Dick

CARRIED

 

4.       Matters Arising from Minutes of the Regional Council Meeting held on 30 March 2016 and the Extraordinary Regional Council Meeting held on 20 April 2016

There were no matters arising from the minutes.

 

5.

Follow-up Items from Previous Regional Council Meetings

 

Mr Maxwell spoke to the update, advising the investigations into Waihi Dam are continuing and that staff will update councillors on the process in a public excluded session once they have reached the stage of making a decision whether to prosecute, likely by the end of May.

Councillor Hewitt arrived at 9.08am

There was discussion around the role of councillors in prosecution investigations and proceedings, and the HBRC staff, in this particular instance, being the ‘client’ seeking and receiving legal advice.

In relation to the Water User Agreement, legal advice has been sought pertaining to HBRC should Council sign an agreement for environmental flows, and a meeting between Council’s legal representative, Mrs Lambert and HBRIC legal representative to review the proposed HBRIC-HBRC agreement is scheduled next week. There was a query about the legal review of the updated agreement as part of Council’s due diligence.

In relation to the independent geotechnical panel for the RWSS, Mr Maxwell added detail in relation to the appointment process, for the panel, around ensuring the independence of panel members while maintaining councils’ (CHBDC & HBRC) access to the information. It was queried whether the RWSS is meeting the requirements of the consent regarding the work the panel is required to carry out.

RC4/16

Resolution

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

Scott/Dick

CARRIED

Under Standing order 3.8.11 Councillor Hewitt addressed an accusation publically made, that she stood to benefit from the RWSS and therefore had a conflict of interest.

Councillor Hewitt, clearly stated her residential address as 227 Porgangahau Road Waipukurau, and further stated that contrary to these suggestions, she does not have a conflict of interest in the Ruataniwha Water Storage Scheme and never has. Neither does she have an interest greater than any other resident of Central Hawke’s Bay.

6.

Call for Any Minor Items Not on the Agenda

 

Recommendation

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

1.     Manuka Research Partnership (Cr Graham)

2.     Use of local services (Cr Graham)

3.     Anzac Day (Cr Wilson & others)

 

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 12110

          CT  L2/235

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.2     Lot 486

          DP 2451

          CT  55/118

-     Transfer

 

1.1.3     Lot 6

          DP 14665

          CT  G3/323

-     Transfer

 

 

1.1.4     Lot 4

          DP 14227

          CT  G1/24

-      Agreement for Sale and Purchase

 

1.1.5     Lot 1

          DP 14592

          CT  H1/227

-      Agreement for Sale and Purchase

 

1.1.6     Lots  34 & 333

          DP 10632 & DP10728

          CT  B3/180

-      Agreement for Sale and Purchase

 

 

 

 

 

3917

3920

 

 

 

 

3919

 

 

 

 

3921

 

 

 

 

 

3923

 

 

 

 

3924

 

 

 

 

3925

 

 

 

 

22 March 2016

6  April 2016

 

 

 

 

6 April 2016

 

 

 

 

7 April 2016

 

 

 

 

 

15 April 2016

 

 

 

 

18 April 2016

 

 

 

 

20 April 2016

1.2                                                                                    

Staff Warrants

1.2.1   R. Douglas

          (Delegations under Resource Management Act 1991; Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174).

 

1.2.2   J. Tetlow

             (Delegations under Section 318(1) of the Maritime Transport Act 1994 in accordance with appointments made in Section 2 of the Tier II Oil Spill Contingency Plan adopted by the Hawke’s Bay Regional Council on 21 February 2007; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174))

 

 

3922

 

 

 

 

 

3918

 

11 April 2016

 

 

 

 

 

29 March 2016

 

 

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 this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

2.      Confirms the action to affix the Common Seal.

Scott/Beaven

CARRIED

 

8.

Recommendations from the Corporate and Strategic Committee

 

Councillor Hewitt, as Chairman, provided an overview of discussions at the meeting including an update on the RWSS Regional Economic Development Assessment and the HBRIC Ltd draft 2016-17 Statement of Intent.

RC6/16

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 Significance and Engagement Policy and that Council can exercise its discretion and make decisions on these issues without conferring directly with the community.

 

Local Government Elections 2016

2.      Reconfirms the appointments of Mrs Leeanne Hooper as the Hawke’s Bay Regional Council Electoral Officer and Mrs Barbara Mear as the Deputy Electoral Officer pursuant to Section 12 of the Local Electoral Act 2001.

3.      Resolves that the order that each candidate’s name will appear on a voting paper is in alphabetical order of surname.

HBLASS Ltd Draft Statement of Intent 2016-17

4.      Undertakes to provide any comments on the Draft SOI to HB LASS Ltd by 1 May to enable delivery of the completed Statement of Intent to Council on or before 30 June 2016.

HBRIC Ltd Draft Statement of Intent 2016-17

5.      Notes the recommendation included in the report from Deloitte that HBRIC Ltd, in order to meet the dividend required by the shareholder to meet LTP levels, may require HBRIC Ltd to request a modest increase in the level of dividend from Napier Port or to take on some short term borrowing, subject to the amendment of the SOI to include loans for working capital purposes.

6.      Given the need to finalise the forecast HBRIC Ltd dividend for the SOI 2016-17, that under the authority provided by the Local Government Act, schedule 8 section 5, the Council as shareholder requires HBRIC Ltd to modify the Statement of Intent to include:

6.1.      A dividend level for 2016-17 of $11,534,000 (if scenario 1 RWSS proceeds under current timelines) and $9,500,000 (if scenario 2 RWSS does not proceed or scenario 3 RWSS is delayed by approximately 1 year).

6.2.      In accordance with requirements of the Local Government Act, the SOI is to include “to be advised” (TBA) for the forecast dividends to be paid in the years 2017-18 and 2018-19.

6.3.      Under section 4 “Nature and Scope of Activities to be Undertaken”, provides authority for HBRIC Ltd to raise funds and that the purpose of raising of funds includes not only investment, but also working capital.

7.      Undertakes to provide any further comments on the Draft Statement of Intent to HBRIC Ltd by 1 May 2016 (LGA Sch8 cl3) to enable delivery of the completed Statement of Intent to Council on or before 30 June 2016.

Reports Received

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

8.1.      Health and Safety Update Report for the Period 1 February - 31 March 2016

8.2.      April 2016 Public Transport Update

8.3.      Update of RWSS Regional Economic Assessment (Butcher Report).

Hewitt/Scott

CARRIED

 

9.

Proposed Changes to Napier-Hastings Bus Service

 

Ms Anne Redgrave, Transport Manager, introduced the item and provided councillors with maps showing the bus routes under discussion.

Discussions covered how bus stops for express services are determined and marketing for new services.

RC7/16

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 be affected by or to have an interest in the decision.

2.      Agrees to the proposed changes to the Napier-Hastings Bus Service being implemented from 1 August 2016.

Barker/Dick

CARRIED

 

10.

Councillor Remuneration

 

Mr Manton Collings introduced the item and outlined the determination for 2016-17 from the Remuneration Authority, as well as explaining the decisions being sought in relation to positions with additional duties.

Discussions traversed:

·         discretion for a new Council to determine a different Governance Structure (resulting in either more or fewer positions of additional duties) which it would then put to the Remuneration Authority for approval

·         the 2% cost of living increase is “in common” with pay increases budgeted for staff, is budgeted for in the Annual Plan, and that as this level has been set by the Remuneration Authority as base salary it is not optional

·         impacts on Council budgets will be included in final 2016-17 Annual Plan budgets prior to Council adoption.

RC8/16

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 be affected by or to have an interest in the decision.

2.      Notes the level of remuneration to be paid to the Chairman of $116,943 and councillors (without additional duties) of $49,470 as set out in the Remuneration Authority’s letter to councils dated 17 March 2016, effective from 1 July 2016.

3.      Approves the payment for additional duties continues to be paid, inclusive of a 2% cost of living increase and being $61,838 effective from 1 July 2016.

4.      Resolves that the level of remuneration for the Chairman of the Maori Committee be set at the same level as the payment to councillors with additional duties, being $61,838 effective from 1 July 2016.

Scott/Pipe

CARRIED

 

12.

Appointment of Regional On-Scene Commander

 

Mr Maxwell introduced the item, seeking the appointment of an additional On-Scene Commander given the recent appointment of a suitably qualified staff member who is experienced in the role.

There was discussion around the costs of managing spills, which are tiered by the level of clean-up response required and include costs for staff, equipment, boats, and contractors.

RC9/16

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 be affected by or to have an interest in the decision.

2.      Appoints Jim Tetlow as Regional On-Scene Commander in accordance with Section 318 of the Maritime Transport Act 1994, and subject to the approval of the Director of Maritime New Zealand.

3.     Notes the previous appointments of Ian Lilburn, Iain Maxwell and Don Scott as Regional On-Scene Commanders.

Barker/Beaven

CARRIED

Councillor Barker was excused at 10.00am

14.

Monthly Work Plan Through May 2016

 

Queries and discussions traversed:

·         the establishment of the Rocket Lab operation at Mahia in relation to regional tourism and associated economic activities

·         opportunities to increase visitor numbers and visitor spending in the Wairoa area

·         the Te Mata Mushrooms decision

·         the development of a Regional Business Support plan for Maori businesses

·         the status of the Regional Economic Development Study, efforts to finalise the REDS document, Council’s role, regional social wellbeing which is substantially the responsibility of Central Government agencies, and opportunities for HBRC councillors to receive the Strategy

·         driver licensing in areas where there are no longer opportunities to sit licensing tests or communities where socio-economic deprivation is an issue, and targeting younger people as driver licensing is a barrier to obtaining employment

·         coastal hazards drop-in community sessions, and extending invitations to Councillors to attend these.

Further discussion covered:

·         expertise available at the public consultation meetings for the Annual Plan and proposed LTP amendments

·         work on options for farming peat soils and monitoring results of different

·         Roadsafe Expo week 16-20 May at Pettigrew Arena in Taradale invitations to be extended to Councillors

·         FEMP requirements in relation to Plan Change 6, and insufficient ‘resource’ nationally to process the number of FEMPs required

·         air quality source apportionment study at Awatoto, where salt spray is a source of PM10

·         new staff appointments in specialist roles and difficulties experienced during the amalgamation decision process

·         issues around tree felling in Havelock North and community consultation held

·         gravel review report on consenting and funding issues for ongoing management will go to the 11 May Environment and Services Committee meeting

·         Employment of Maori in Council roles, and efforts to increase the number of Maori employees including in the areas of science monitoring

 

RC10/16

Resolution

1.      That Council receives the Monthly Work Plan Through May 2016 report.

Hewitt/Scott

CARRIED

The meeting adjourned at 10.40am and reconvened at 11.05am

16.

Annual Plan Progress Report for the First Nine Months of the 2015-16 Financial Year and Reforecasting to 30 June 2016

 

The Chairman noted that if Councillors wanted additional advice relating to Cityscape lease from Mr Lawson , that specific discussion would need to be put off until later in the afternoon when Mr Lawson is available.

Mr Drury introduced the item, and provided the detail underlying the reforecasting of regional income and council activities to 30 June as well as the variances from budgets.

Discussions traversed:

·      new source of renourishment material for Westshore Beach has increased costs for the project

·      HBRIC dividends and borrowing

·      settlement of claims Cityscape claims re Tourism House accommodation for HB Inc dating back to 2004. Agreement was reached between NCC (head lessee & 11% occupier) and HBRC (sub-lessee & 89% occupier), that HBRC would fund 60% of the costs. Reinstatement of the property would mean putting it back to inferior quality space so is unlikely to happen. Questions remain for legal counsel so discussions will continue later.

Further discussion covered:

·      interpretation of the “On Track” “Variance” and “Off Track” performance indicators

·      gravel management in the Tukituki catchment and in relation to Westshore renourishment

·      number of FEMPs being developed, lack of experienced, qualified resources required to process the volumes required nationally as well as timeframes for farmers/land owners to achieve the requirement of having a FEMP in the Tukituki catchment

·      nutrient transport model for the Mohaka catchment

·      HeatSmart and media campaign in line with the Communications and Regulatory strategies for air quality as well as progress on reaching the targets

·      Pathways maintenance costs and the works carried out including specific resurfacing and other works in response to community feedback or complaints

·      HB Biodiversity Strategy implementation and development of an implementation plan as well as establishment of the Forum and Biodiversity Trust, and the role, if any, for the Steering Group that worked on developed the Strategy

The item was adjourned to reconvene.after 2pm to allow Council’s legal counsel to address any queries relating to the Tourism House accommodation litigation.

 

 

 

20.

Recommendations from the Regional Planning Committee

 

Mr James Palmer provided an overview of the discussions that took place at the meeting, acknowledging the level of preparation by committee members enabled the committee to deal with all of the items on the agenda.

 

RC11/16

Resolutions

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.

Riparian Assessment for Tukituki and TANK Catchments

2.      Approves the Riparian Assessment for Tukituki, and Tutaekuri Ahuriri Ngaruroro Karamu (TANK) catchments” reports for publication and release.

Groundwater Level Changes in the Heretaunga and Ruataniwha Basin from 1994-2014

3.      Approves the Groundwater Level Changes in the Heretaunga and Ruataniwha Basin from 1994-2014” report for publication.

TANK Stakeholder Group: Terms of Reference and Master Plan

4.      Agrees that the Master Plan for the Greater Heretaunga and Ahuriri (TANK) Plan Change outlines critical deliverables and dependencies for the Plan Change process between now and the Plan Change becoming operative.

5.      Agrees to the Terms of Reference for the TANK Group (following).

6.      Endorses the Roles and Responsibilities Collaborative Principles document, as the approach to the relationship between the Council, its committees and any stakeholder-led collaborative planning groups for preparation of Regional Plans/Plan Changes under the Resource Management Act.

7.      Agrees, in principle, to appoint a Hearings Commissioner-Accredited Panel comprised of equal numbers of councillors and tangata whenua members from the Regional Planning Committee, representing the Greater Heretaunga and Ahuriri (TANK) Plan Change planning area, to hear and make recommendations on submissions received as part of any Schedule 1 process following the TANK Plan Change development process.

Next Steps for Freshwater Discussion Document

8.      Approves the submission, as amended at the 20 April meeting, for lodging with the Ministry for the Environment.

Reports Received

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

9.1.      Revised Regional Planning Committee Terms of Reference

9.2.      Verbal update on Iwi - Hapu Engagement Plan for the Development of the Greater Heretaunga (TANK) Plan Change

9.3.      Verbal update on the Ngaruroro Water Conservation Order Application

9.4.      Verbal Whangawehi Catchment Management Group presentation about the Whangawehi project

9.5.      April 2016 Resource Management Planning Project Update

9.6.      February-March 2016 Statutory Advocacy Update

Scott/Graham

CARRIED

 

 

 

21.

Chairman's Report for April 2016

 

The Chairman provided an overview of the trip and asked other members of the delegation to give their views.

Cr Scott outlined the history of the Sister City relationship with Xuzhou, initially with a focus and development of agriculture expertise and trade, and how the expectations of achieving outcomes from the relationship have changed.

Cr Hewitt spoke about the trip from her perspective, including opportunities for cross cultural exchanges and tourism and observations of where environmental and educational exchange opportunities might be beneficial.

Mr Mohi expressed an interest in pursuing cultural exchanges for the Treaty Settlement groups.

Further discussions about the sister city relationship and exchanges traversed tangible results, the costs associated with hosting and sending delegations as well as the importance to the Chinese of the personal relationships.

RC12/16

Resolution

1.      That Council receives the April 2016 Chairman’s report.

Graham/Scott

CARRIED

The meeting adjourned at 12.32pm and reconvened at 1.30pm

11.

Modification to the HBRIC Ltd Statement of Intent 2015-16

 

Mr Paul Drury introduced the item, advising that this paper follows on from the amendment, considered at the 13 April Corporate and Strategic Committee meeting, to the 2016-17 HBRIC Statement of Intent, and approved earlier in Item 8 Recommendations from the Corporate and Strategic Committee, to modify the 2015-16 Statement of Intent in the same way. The modification related to the ability to borrow for working capital.

RC13/16

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 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.

2.     Approves the proposal by HBRIC Ltd to modify its Statement of Intent 2015-16, on page 3 of the printed document, in the third bullet point, in the right hand column (which commences “raise funds for investment…”), inserts the words “and/or working capital” in line 1 after the word “investment”.

Scott/Dick

for: Dick, Hewitt, Scott, Beaven, Pipe, Wilson

Against: Graham, Belford

CARRIED

 

13.

Dividend Payments by HBRIC Ltd Based on Funds Invested in the Ruataniwha Water Storage Scheme

 

Dr Pearce provided the rationale for this report to demonstrate the ability of HBRIC Ltd to pay dividends to HBRC at a flat rate of 6% from year zero as resolved by the Regional Council on 25 June 2014, and the means by which this can happen with a focus on the first 15 years prior to CIIL exiting the scheme.

Discussions traversed:

·         the Deloitte review of the draft HBRIC 2016-17 Statement of Intent recommended that HBRIC Ltd pay a flat 6% dividend to HBRC to even out the revenue stream and Council approved (earlier today) the required amendment of the HBRIC SoI in accordance with that recommendation

·         the flat 6% dividend will be paid through a combination of cash generated by the RWSS, special (not ordinary) dividends from Napier Port, and borrowing (as approved by Council – to raise funds for investment, and/or working capital”

·         during the construction phase, when no cash is being generated by the RWSS, HBRIC signalled (2014 business case) those dividends would be provided to Council at least partially through special dividends from Napier Port

·         in order to pay a flat 6% dividend to Council while there is no cashflow from the RWSS, HBRIC will borrow any additional funds required rather than seek additional special dividends from Napier Port

·         current rates of return from Napier Port is 5.6% (based on shareholders funds), 4.5% on Napier Leasehold Land, 6.8% on its Wellington Leasehold property, and short term deposits at 3.1%

·         historically the Napier Port dividends to Council changed from a percentage of net profit to a percentage of shareholder funds to ensure a more constant cash flow

·         security for HBRIC Ltd borrowing would be provided by all its assets including Napier Port and the investment in the RWLP

·         the overall debt level across Napier Port, RWLP and HBRIC Ltd – in the severe downside case would result in overall debt in the order of 32% which is not unusual for an infrastructure company

·         the variable levels of cashflows and lump sum payments are part of the re-gearing of the limited partnership, in order to repay CIIL (within 15 years) more bank debt is taken (based on cashflows and RWLP company valuation) and to repay some of the capital investment to the Limited Partners and prudently reduce debt

·         how reasonable the uptake scenarios for RWSS are in light of irrigation schemes elsewhere in the country, and the difficulty of such comparisons as none were established with CIIL funding or under the same financial structure

RC14/16

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 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.

2.      Notes:

2.1.      HBRIC’s projections of dividends reflecting a 6% return on the RWSS do not require funding from ordinary dividends received by HBRIC Ltd from Napier Port;

2.2.      In each uptake case, Council approval will be required in year 3 or 4 of operations for HBRIC debt to exceed 5% of HBRIC’s value;

2.3.      HBRIC’s peak gearing (debt to debt+equity ratio) that would be required to fund the projected dividend, is projected to be 7.3% in the Base case, 11.5% in the Downside case, and 18.4% in the Severe Downside case

2.4.      Dividend levels will be projected for each year (and the subsequent 2 years) in the Draft SoI for HBRIC Ltd, to be agreed with Council in each year; and

2.5.      The returns projected to year 15, and over the 70 year period, are consistent with the Objectives of HBRIC’s 2015-16 SoI, which states “In order to balance these objectives, HBRIC Ltd may, in appropriate circumstances, recommend to Council that HBRIC Ltd accepts lower return or slower route to profitability.”

3.      Agrees that HBRIC Ltd has demonstrated that it will be able to fund the payment of $4.8 million of dividends per year, being consistent instalments reflecting a flat rate of return of 6% on the $80 million of funds invested in the RWSS, as required by Council’s resolution 8.5 of 25 June 2014, subject to the Council of the day approving a debt level exceeding 5% of HBRIC Ltd’s value, approximately 6 or 7 years after the project commences.

Scott/Dick

for: Dick, Hewitt, Scott, Beaven, Pipe, Wilson

Against: Graham, Belford

CARRIED

 

15.

HBRIC Ltd April 2016 Update

 

Dr Andrew Pearce introduced the item, stating that he believes that HRIC will have the support of other investors to achieve financial close based on the level of water uptake achieved to date.

Mr Andrew Newman provided the water uptake amounts achieved through signed water user agreements to date, being 196 agreement for 42.8 M m3 with a further 3 M m3 in advanced negotiations and 2.7 M m3 call options for agreements adding up to 48.2 M m3 today, which will realistically result in 50 M m3 by the end of June.

Mr Newman noted that 8.4 million m3 of deep water is included in the contracted water, which directly benefits the environment by leaving the water in the aquifer, and represents about 45% of the total water taken in the Ruataniwha Basin in the 2012-13 drought year.

Mr Newman introduced Mr Duncan McLeod, who advised that if those 196 contracted properties chose to irrigate all of the area they could, at the volume per hectare that science suggests they should, this would equate to 85% of the total volume of water available from the scheme. He then provided an overview of the land (15,700 ha) that will be irrigated and what the associated landuses will be under irrigation, by volume (49% arable, 22% Dairy, 8% Dairy Support, 18% Red Meat, 2% trees & vines, 1% other) and by farm enterprise (6% trees & vines; 11% dairy, 38% arable, 11% dairy support, 32% Red Meat, 2% other).

Mr McLeod then introduced Mr Jeremy Greer, a farmer in CHB (beef finishing). Mr Greer explained his farming enterprise and the rationale for his decision to sign 3 contracts to take water for irrigation of feed crops, and to grow the business.

Dr Pearce reiterated his confidence that the RWSS will achieve financial close with co-investors based on the uptake achieved, and be cashflow positive in its first year at the current volume.

Discussions and queries traversed:

·         all 196 signed contracts are within the distribution network and cover 25,700 hectares of irrigated land spread across the command zone

·         not all of the 3 M m3 in advanced negotiations is associated with land

·         increased uptake initially is expected to be Foundation Water Users taking more water to increase the amount of land being irrigated, or to put more water on the land once they’ve established the irrigation infrastructure

·         increased uptake is also expected from additional farming enterprises as the dam and distribution network is built

·         the concession deed sets the upward bound (105M m3) of the amount of contracted water allowed to be sold, and sets the rules around priorities for providing water

·         the leadership and resolve of the CHB farming community, and the hard work of CHB professionals and HBRIC sales and support staff was acknowledged

·         call option agreements involve paying a significant fee (approx. $600k for 2.7M m3) to have the right to a Foundation Water User Agreement that is forfeited if they don’t exercise their right and sign an agreement. The earlier the option is called, the more of the initial fee gets refunded to them.

·         Steps remaining in the process include negotiations with the Institutional Investor, the Regional Council investment decision, commitment of the investors, resolution of the DoC Land Swap court action, and initiation of the construction phase

RC15/16

Resolution

1.      That Council receives and takes note of the “HBRIC Ltd April 2016 Update” report.

Hewitt/Dick

CARRIED

 

18.

Confidential Supporting Documents for Dividend Payments by HBRIC Ltd Report

RC16/16

Resolutions

1.       That Council excludes the public from this section of the meeting, being Agenda Item 18 Confidential Supporting Documents for Dividend Payments by HBRIC Ltd report with the specific subject of the confidential attachments 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:

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Confidential Supporting Documents for Dividend Payments By HBRIC Ltd Report

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)(c)(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 is subject to an obligation of confidence or which any person has been or could be compelled to provide and would be likely otherwise to damage the public interest.

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

 

2.       That Dr Andy Pearce, HBRIC Ltd Chairman, and Mr Jim Scotland, HBRIC Ltd Director, attend for this item as the representative of the entity making the information available in support of the company’s undertaking to provide a specific rate of return from the RWSS to Council.

Scott/Beaven

CARRIED

 


 

19.

Confirmation of Minutes of the Public Excluded Regional Council Meetings held on 30 March and 20 April 2016

RC17/16

Resolution

That the Council excludes 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:

 

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 24 February 2016

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.

Proposed Director Appointments

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

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.

 

Scott/Beaven

CARRIED

 

The meeting went into public excluded session at 3.38pm and out of public excluded session at 4.15pm

 

Resolution

RC18/16     In accordance with standing order 3.3.7 continues the meeting past the six hour time limit.

 

 

17.

Minor Items Not on the Agenda

 

 

Item

Topic

Councillor / Staff

1.   

Manuka Research Partnership

Would like more information on the project

Cr Graham

2.   

Local Services

Analytical Research Laboratories is a local company, and suggested Council use local laboratory services if available

Cr Graham

 

 

 

 

 

 

 

3.   

Anzac Day

Tremendous services, both Napier and Hastings, well attended with outstanding performances and speakers

Dr Maaka attended a memorial in Raratonga, and Brian Gregory attended a service with Vietnam Vets in Whangarei

In Wairoa, a local machinist got the cannon working, there was standing room only and included a haka and presentation by the college rugby team who travelled to Passchendaele last year

 

Cr Graham

Cr Scott

Mr Mohi

Cr Wilson

 

 

 

16.

Annual Plan Progress Report for the First Nine Months of the 2015-16 Financial Year and Reforecasting to 30 June 2016

 

Mr Lawson attended this part of the meeting to respond to queries in relation to the Tourism House accommodation litigation including:

·      Contingent liability to reinstate from 2011, technically must be within 6 years of termination, which will expire in 2017 - payable upon completion of the work and presentation of the invoices

·      Reinstatement work unlikely to happen, as it will mean returning the space to an inferior state and also as the space is currently leased

·      CityScape is a Wellington based company

·      Terms of the Lease / Sub-lease and the Lease was signed prior to the commencement of the refurbishment

RC19/16

Resolutions

That Council:

1.      Receives the Annual Plan progress report for the first nine months of the 2015-16 financial year, including the reforecasting for the 12 months to 30 June 2016

2.      Notes the circumstances behind the litigation covering accommodation in Tourism House back in 2004, and that the settlement and restitution costs relating to this litigation (Council’s share estimated at $214,000) will be paid as unbudgeted expenditure and debited to Council’s contingency project.

Scott/Beaven

CARRIED

 

Closure:

There being no further business the Chairman declared the meeting closed at 4.40pm on Wednesday 27 April 2016.

 

Signed as a true and correct record.

 

 

 

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