Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 29 June 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 8 June 2016 and the Extraordinary Regional Council Meeting held on 15 June 2016

4.         Matters Arising from Minutes of the Regional Council Meeting held on 8 June 2016 and the Extraordinary Regional Council Meeting held on 15 June 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.         Legal Advice on the Ruataniwha Water Storage Scheme Documents and All Related Legal Matters                                                                                                               11

8.         HBRC Environmental Flows Proposal                                                                        23

9.         Adoption of the 2016-2017 Annual Plan                                                                      25

10.       Recommendations from the Regional Transport Committee                                     31

11.       Recommendations from the Regional Planning Committee                                      33

12.       Recommendations from the Corporate and Strategic Committee                             37

13.       Members' Allowances and Reimbursement Policy                                                    39

14.       Affixing of Common Seal                                                                                            47

15.       Hawke’s Bay Marine Information: Review and Research Strategy                           53

Information or Performance Monitoring

16.       Regional Sector Science and Technology Strategy                                                   55

17.       Monthly Work Plan Through July 2016                                                                       57

18.       Minor Items not on the Agenda                                                                                   63

Decision Items (Public Excluded)

19.       Confirmation of Public Excluded Minutes of the Regional Council Meeting held on 15 June 2016                                                                                                                    65

20.       RWSS Concession Deed and Project Agreement                                                     67

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 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 Regional Council Meetings

 

 

  


Follow-ups from Previous Regional Council Meetings

Attachment 1

 


Follow-ups from Previous Regional Council Meetings

Attachment 1

 




HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 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 resolved by the Council, for discussion as Agenda Item 18.

 

Recommendation

That Council accepts the following minor items not on the Agenda, for discussion as Item 18:

1.  

2.  

 

 

Leeanne Hooper

GOVERNANCE & CORPORATE ADMINISTRATION MANAGER

Fenton Wilson

CHAIRMAN

 

 

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: Legal Advice on the Ruataniwha Water Storage Scheme Documents and All Related Legal Matters

 

Reason for Report

1.      At its meeting on 25 June 2014 Council resolved to invest up to $80 million in the Ruataniwha Water Storage Scheme (RWSS) “subject to being satisfied with its own legal advice on the RWSS documents and all related legal matters”.

2.      Confirmation of its resolution to invest in the RWSS is also subject to a number of other conditions being met, but the purpose of this paper is to address the requirement around RWSS documentation.

Background

3.      There are three documents that are subject to a legal review on behalf of Council:

3.1.      Concession Deed Agreement

3.2.      Project Agreement

3.3.      Water User Agreement.

4.      The two key legal documents that set up the framework for the RWSS and ensure that the public good elements of the RWSS such as the environmental benefits, water access price and asset condition are embedded in the scheme, are the Concession Deed and the Project Agreement.

5.      The Concession Deed and Project Agreement have been circulated to Councillors under separate cover and in confidence. Should any specific reference need to be made to any clauses in the document provision has been made for Council to move into public excluded.

6.      The Concession Deed Agreement and the Project Agreement will be made public following financial close on the RWSS project.

7.      The Terms Sheet for the Concession Deed was approved by HBRC on 26 June 2013. At that time HBRC requested that the Terms Sheet of the draft deed be redrafted as two separate agreement - one between HBRC and the Ruataniwha Water Limited Partnership (the Concession Deed), and the second between HBRIC Ltd and the Ruataniwha Water Limited Partnership (the Project Agreement), for final consideration by Council.

8.      HBRC delegated HBRIC Ltd to negotiate the adoption of the Concession Deed with investors and to prepare the fully documented and legally binding agreement. 

9.      In April 2014 Stuart Webster of Sainsbury Logan & Williams provided advice on the then current versions of the Concession Deed and Project Agreement.  Latterly Andrew Wares of Sainsbury Logan & Williams has been acting on behalf of HBRC in discussions with HBRIC Ltd about the documents and he has provided a further legal review of those.

10.    A covering letter from Mr Wares is appended as Attachment 1 and he will be attending the meeting to answer questions.

Concession Deed Agreement

11.    Through the Concession Deed the public good elements of the RWSS such as the environmental benefits and asset condition are embedded. It establishes and entrenches the objectives of the RWSS. It provides the Ruataniwha Water Limited Partnership (RWLP) with the concession rights necessary to design, build and operate the RWSS infrastructure. The deed also provides protection to Council in relation to the control, use and hand back of the RWSS infrastructure at the end of the 70 years under the BOOT structure.

12.    The earlier version of the Concession Deed contained provisions relating to water user agreements and dam construction among other matters. Now that these matters are covered by separate agreements they are no longer referenced in the Concession Deed.

13.    Instead the final Concession Deed focusses very much on the role of HBRC as a regulator and as the ultimate beneficiary of the infrastructure.

Legal Review of Concession Deed

14.    The commentary by Mr Wares on the Concession Deed is appended as Attachment 2.

15.    Mr Wares’ written commentary has traversed the matters that impact on Council’s governance role. As he has indicated in his covering letter there are some minor outstanding matters to be resolved and some specific inputs to be completed but Mr Wares has concluded that the Concession Deed is in a form that the Hawkes Bay Regional Council can sign the document.

Project Agreement

16.    The Project Agreement sets out the framework for investors in the RWLP. It is a document between Hawke’s Bay Regional Investment Company Ltd (HBRIC Ltd) and the RWLP and governs the licensing of consents from HBRIC Ltd to the RWLP, access to land, and other related management matters.

17.    The commentary by Mr Wares on the Project Agreement is appended as Attachment 2.

Water User Agreement

18.    The Water User Agreement is between RWLP and the landowner, not HBRC, but it was agreed that it would be legally reviewed by Council’s solicitors as part of the final due diligence process. As part of the final HBRC decision HBRIC Ltd’s legal advisers will provide HBRC with a certificate that summarises the terms of all executed Water User Agreements, identifies the water user parties who executed the Agreements and explains the enforceability or otherwise of the Agreements.

19.    A summary of the main points of the Water User Agreement are appended as Attachment 3. From a Council perspective the key clauses relate to:

19.1.    Condition Subsequent – “The Water User must provide Ruataniwha with an acceptable Farm Environmental Management Plan prior to HBRIC Ltd first supplying water under the Agreement. Limited termination rights exist if regulatory constraints mean that an acceptable Farm Environmental Management Plan cannot be established”.

This is consistent with the requirement for Plan Change 6 as approved by the Environmental Protection Authority, and administered by HBRC. 

19.2.    Take or Pay – The Water User will be required to take or pay for its Annual Quantity in each Supply Year.  The payment obligation is not forgiven by any failure to take the Annual Quantity except in the relief situations specified in the Agreement.

The take or pay provision places a payment obligation on the Water User that provides a guarantee for HBRC, through its investment company, of income from the investment.

19.3.    Water Priority Regime - Priority over water distribution will operate in descending order as follows:

First, Environmental Flows and Safety Flows

Secondly, Contracted Water

Thirdly, Spot Water

The water priority regime locks into the Water User Agreement, the priority of the environmental flows required by the Board of Inquiry in granting resource consents.

19.4.    Farm Environmental Management Plans – “Under Plan Change 6, the vast majority of properties in the Tukituki catchment are required to secure approved FEMPs from the Regional Council. For scheme members each farm’s FEMP is managed by Ruataniwha as a part of its overall consent package”.

By 1 June 2018 Plan Change 6 requires that properties greater than 4 ha in area must complete Farm Environment Management Plans. The Water User Agreement anticipates that this process is managed for Scheme members by the consent holder – RWLP.

Decision Making Process

20.    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:

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

20.2.   The use of the special consultative procedure is prescribed by legislation for the decision of Council’s investment in RWSS, and was undertaken during May 2014, with this legal advice satisfying Council’s resolution following that process.

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

20.4.   The persons affected by this decision are the parties to the Concession Deed, Project Agreement and Water User Agreements, and the ratepayers of Hawke’s Bay.

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

20.6.   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 this specific decision without consulting directly with the community or others having an interest in the decision.

 

Recommendations

That Council:

1.      Receives and takes note of the “Legal Advice on the Ruataniwha Water Storage Scheme Documents and All Related Legal Matters” report.

2.      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.

3.      Resolves that it has received and is satisfied with the legal advice obtained by Hawke’s Bay Regional Council on the Ruataniwha Water Storage Scheme and all related legal matters

4.      Delegates to the Chairman, authority to sign the Concession Deed on behalf of Council, noting that this will only be undertaken once resolution or completion of the minor outstanding matters has been reached.

 

 

Liz Lambert

Chief Executive

 

 


Attachment/s

1

22 June Legal Advice Cover Letter from Sainsbury Logan & Williams

 

 

2

SLW Notes on the Concession Deed

 

 

3

SLW Main Points on Water User Agreement

 

 

  


22 June Legal Advice Cover Letter from Sainsbury Logan & Williams

Attachment 1

 


SLW Notes on the Concession Deed

Attachment 2

 





SLW Main Points on Water User Agreement

Attachment 3

 



HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: HBRC Environmental Flows Proposal

 

Reason for Report

1.      At the 8 June meeting of Council a motion was passed to leave the matter of the proposed Amendment of the 2015-16 Long Term Plan to lie on the table pending receipt of further information, to be provided at the Regional Council meeting on 29 June 2016.

2.      This paper sets out a process by which the required further information can be obtained.

Discussion

3.      At the 8 June 2016 Council meeting, councillors were asked to voice comments and views on the proposal for Council to invest in environmental flows through the purchase of 4 million m3 per annum from 2026-27 onward, with 34 million m3 available at no cost for the first seven years of the Scheme.  A consistent theme in the views was a lack of clarity or certainty of the location and scale of the problems in the catchment that environmental flows might address and how and when the proposed flows would provide solutions to the identified problems.

4.      Clarity around the options and specific detail for the use of environmental flow water has therefore been requested to enable an informed final decision on whether or not to invest in the environmental flows to be made by 30 November 2016.

Proposed process

5.      Currently there is not any spare capacity in the HBRC science team to complete this work to the required level in the timeframes set.  Staff are fully committed to ongoing SOE monitoring, TANK and Mohaka work, alongside implementation work in the Tukituki.

6.      An external consultant with requisite qualifications and experience in ecohydraulics (environmental flows) and aquatic ecology will be sourced to work with key HBRC staff to complete this work.  Staff may use a Request for Proposal (RfP) process through the Government Electronic Tendering System (GETS).  This will allow providers to consider the work required and offer options for tools or methods for assessing the scale, location and timing of the problems in the catchment and then outline their method for determining where and when the best value options are for providing flows.

7.      Key environmental science and land management staff will work with the selected consultant to inform the ‘what’ (scale of the problem related to water quantity) ‘where’ and the ‘when’.  Staff have a good understanding of the locations and types of water quantity and habitat related problems that exist across the catchment and so are able to help pinpoint areas of concern.

8.      Associated with this, the provider will need to interview HBRIC staff to ascertain the proposed distribution network, its location and limitations. This will help inform the ‘where’ element as there are likely to be limits of where and how much water can be delivered across the catchment.

9.      It is envisaged that the provider will draw on national and international examples of how environmental flows have been used for improving instream outcomes or providing solutions to known problems.

10.    Given the requirement to provide Council with the detail of the options and solutions as discussed above in time for its December 2016 meeting staff propose the following timeline:

10.1.    Develop RfP and advertise via GETS – Early July 2016

10.2.    Assess proposals and contract provider – Early August 2016

10.3.    Field assessments, workshops, staff and HBRIC interviews – Late August 2016 to Late September 2016

10.4.    Draft Report – Early October 2016

10.5.    Final Report – Late October

10.6.    Report back to Council – November 2016.

11.    Staff estimate that this work could be completed for between $30-50,000.

Financial discussion

12.    This work is not currently funded in the 2016-17 Annual Plan.

13.    Given the scale of funding required (less than $50,000) staff suggest that the contingency fund may be used to fund the work.

Decision Making Process

14.    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:

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

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

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

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

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

14.6.   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.      Notes and agrees to the process for determining the options and best value projects for providing environmental flow benefits across the Tukituki catchment.

3.      Agrees to fund the work through the remaining funding in the contingency fund for the 2016-17 year up to a maximum of $50,000 and amends the Annual Plan as necessary to reflect this decision.

 

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 29 June 2016

Subject: Adoption of the 2016-2017 Annual Plan

 

Reason for Report

1.      The purpose of this paper is to set out the final changes to the Annual Plan 2016-17 (AP).  These changes were made subsequent to the decisions Council made at the Annual Plan Hearing meetings held on 8 & 9 June 2016 when submissions on the Consultation Document were heard. Further, to formally adopt this Plan which, as required by the Local Government Act 2002, is to be adopted not later than 30 June 2016.

Background

2.      Reflecting the recent amendments of the Local Government Act 2002 (the Act) Council, at its meeting on Wednesday 30 March 2016, was not required to formally adopt the Draft Annual Plan for 2016-17.  However it was required under the Act to adopt a Consultation Document which summarised any issues included in the Annual Plan that were considered to be material and significant changes to the same financial year included in the Long Term Plan 2015-2025 (LTP). Council also approved Annual Plan accountability documents to support the Consultation document which were available on Council’s website.

3.      Although the Act does not require a draft AP to be issued, it does require that the final AP is to be adopted no later than 30 June 2016, the approval of the final AP being subsequent to the consultation and consideration of submissions on the Consultation Document.

Consultation

4.      During the Council meetings on 8 and 9 June 2016 Council considered 195 written submissions and considered presentations from 46 submitters.

5.      Subsequent to the adoption of this Plan, letters and/or emails will be sent to all submitters to communicate Council’s resolutions and decisions in response to the submissions.

Changes to the Annual Plan in Response to Internal/External Submissions

6.      Amendments have been made to the AP to reflect the resolutions passed and decisions made at the abovementioned Council meetings on both the internal and external submissions.

7.      A number of Council’s resolutions addressed the issues raised in the Consultation Document as “Our Plan” issues, on which feedback was specifically sought.  The final AP (Part 1 Introduction) includes, under each of the “Our Plan” topics, the resolutions made by Council in response to the consultation.

Final Financials

8.      The AP financials and associated rating implications have been amended to reflect:

8.1.   The internal submission to the Plan which covered a number of operating account carry forwards of expenditure from 2015-16.

8.2.   The impacts of resolutions made by Council when considering when considering the external submissions:

8.2.1.  The proposed rate increase of 4.95% as set out in the Consultation Document was left unamended.

8.2.2.  An investment of $300,000 to purchase a third share in the Waipatiki camping ground, funding to be made available from the Open Space capital fund.

8.2.3.  A sum of $200,000 was approved for Te Matatini Kapa Haka Festival in 2017.  Funding was from the community targeted assistance project ($60,000), Council’s contingencies ($50,000) and Council’s operating account ($90,000).  At this stage this $90,000 will increase Council’s 2016-17 operating deficit, however as reforecast exercises proceed during that financial year, an analysis will be undertaken of possible areas within Council’s operations that are tracking under budget or can be reduced in order to fund the $90,000.

8.2.4.  A sum of $40,000 was allocated to Wairoa Whangawehi Catchment Management group for ongoing operational costs contributing to hill country management, funding for this was from the Regional Landcare provision for the 2016-17 year.

8.2.5.  A sum of $5,000 was allocated to Nga Tukemata O Kahungunu Charitable Trust to assist with Waitangi Day celebrations, funding for this payment to be made from Council’s targeted assistance project.

9.      These adjustments are shown in the table below which reconciles the underlying deficit/surplus from the Consultation Document/supporting accountability documents adopted by Council on 30 March 2016, to the final deficit/surplus to be included in the AP 2016-17.

Annual Plan General Funded Surplus/(Deficit)

 

Expenditure

 

Associated Revenue (Loans/Fees/Reserves etc)

General Funded Surplus/ (Deficit)

2016/17 Draft Annual Plan Surplus/(Deficit)

 

 

$5,000

Staff Carry Forwards

 

 

 

Operating

 

 

 

Strategy & Planning

($165,000)

-

($165,000)

Strategy & Planning (Energy Futures)

($145,000)

$145,000

-

Regional Groundwater Research

($231,000)

$80,500

($150,500)

Regional Surface Water Ecological Research & Investigations

($40,000)

$14,000

($26,000)

Regional Land Research & Investigation

($30,000)

$10,500

($19,500)

Air Quality

($40,000)

-

($40,000)

Sustainable Land Management

($100,000)

-

($100,000)

Total Operating

($751,000)

$250,000

($501,000)

Public Submissions

 

 

 

Ngati Kahungunu Iwi

- Te Matatini (Total $200,000)

($90,000)

-

($90,000)

2016/17 Revised Annual Plan Surplus/(Deficit)

 

 

($586,000)

 


9.1.      Decisions were also made to carry forward expenditure relating to capital projects from 2015-16 to 2016-17.  A summary of these are outlined in the table below.

Annual Plan Capital

 

Expenditure

 

Associated Revenue (Loans/Fees/Reserves etc)

General Funded Surplus/ (Deficit)

Proposed Carry Forwards

 

 

 

Capital

 

 

 

Regional Park Network

($37,000)

$37,000

-

Systems Integration Projects

($115,000)

$115,000

-

Science Capital

($180,000)

$180,000

-

Building Capital

($30,000)

$30,000

-

Total Capital

($362,000)

$362,000

-

 

Audit of Annual Plan

10.    The Act does not require that an Annual Plan be audited.

Final Annual Plan

11.    Copies of the final AP documents are attached to this paper for Councillors.  This Plan is still being proofread and grammar/spelling and other minor adjustments may be made.

12.    The content of the final AP is divided up into three parts, being:

12.1.   Part 1 – Introduction (including the Chairman/Chief Executive report and Council’s decisions on the options set out in “Our Plan”).

12.2.   Part 2 – HBRC Activities (including Strategic Goals, Service Levels and Performance Targets)

12.3.   Part 3 – Financial Information (including RMA and Navigation Safety charges)

13.    Where changes have been made in the final Plan from the supporting accountability documents approved by Council on 30 March 2016, these are shown in the documents by coloured italics.  It is hoped that, for the most part, this will make it easier for councillors to determine what changes have been made.  However this does not apply to Part 1 as this material is new and was not included in the supporting accountability documents and in Part 3 for figures in the financial statements.

14.    The in-house production and printing of the final document will commence after approval of this Plan (with changes, if any) from this meeting.

15.    Under the Act, the final AP must be published no later than one month after Council’s formal approval.  It is envisaged that this Plan will be completed over the next few weeks and sent out by mid July 2016.

LTP Amendment

16.    Included in the Consultation Document issued for the Annual Plan 2016-17 was a proposed LTP amendment for the purchase of environmental flows for the Tukituki River. It was resolved at the Annual Plan Hearings on 9 June 2016 that this LTP amendment proposal be left to “lie on the table”.   This Council meeting agenda includes a paper addressing issues raised at the hearing on the environmental flow proposal, and considers the scope of further studies to be undertaken into the use, benefits and options relating to the LTP amendment proposal.

17.    Council’s resolution on that paper will outline the performance measures for the “water management” Council activity to be undertaken in the 2016-17 Annual Plan year.


Decision Making Process

18.    Council is required to make every 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:

18.1.   Consultation on the Draft Annual Plan has been consistent with section 82(A)(3) of the Act which sets out the consultation that is required through the issue of a Consultation Document where there are significant or material differences between the proposed Annual Plan and the content of the LTP for that financial year to which the Annual Plan relates.

 

Recommendations

That Council:

1.      Agrees the decisions to be made on the issues submitted to the Draft Annual Plan 2016-17 Consultation Document are made after the provisions included in section 82(A)(3) of the Local Government Act 2002 have been followed.

2.      Agrees to fund the underlying deficit in the Plan, from cash operating balances which are estimated to be at a level which is sufficient to provide such funding.

3.      Adopts the following resolutions pursuant to Section 12 of the Local Government Act 2002:

3.1.   Council raises a loan or loans or facilitate loan funding through banks to fund the borrowing set out in the Annual Plan 2016-17 for the purposes of funding clean heat/ insulation/solar hot water advances to householders, public good capital assets, systems integration programme, Hydrology/Science and investment assets. These loans to be drawn down when required to fund the approved capital programmes.

3.2.   Delegates to the Chief Executive, authority to negotiate and agree on the terms of the loan including:

3.2.1.      Any future financing needs within the overall terms of borrowing, the interest rate payable by Council.

3.2.2.      The frequency of interest payments.

3.2.3.      The timing of drawdown.

3.2.4.      The institution(s) who will provide the loans.

3.2.5.      The number of loans which will make up the borrowing.

3.2.6.      All other terms and conditions of such loans and facilities as may be necessary in obtaining such loans and facilities in accordance with the Council’s Liability Management policy to execute any agreements, documents, and certificates in respect of such loans and facilities on behalf of Council.

4.      Adopts the Annual Plan 2016-17, in accordance with Section 95 and Section 82(A)(3) of the Local Government Act 2002, noting that the Consultation Document and supporting accountability documents issued in March 2016 for public consultation were amended:

4.1.      By Council at the meetings held on 8 & 9 June 2016.

4.2.      By Council at its meeting on 29 June 2016.

5.      Approves, in accordance with sections 82 and 150 of the Local Government Act 2002, the resource consent and user charges as adopted in the Annual Plan supporting accountability documents issued for public consultation and amended by Council at its meetings on 8 & 9 June 2016, and today, 29 June 2016.

6.      Instructs staff to make any necessary final amendments to the Annual Plan to reflect the changes agreed at the meetings on 8 & 9 June 2016, and today, 29 June 2016, and then to issue the published Plan in its final form.

 

 

Manton Collings

Corporate Accountant

Paul Drury

Group Manager
Corporate Services

Liz Lambert

Chief Executive

 

 

Attachment/s

1

2016-17 Annual Plan Part 1 Introduction

 

Under Separate Cover

2

2016-17 Annual Plan Part 2 Groups of Activities

 

Under Separate Cover

3

2016-17 Annual Plan Part 3 Financial Information

 

Under Separate Cover

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: Recommendations from the Regional Transport Committee

 

Reason for Report

1.      The following matter was considered by the Regional Transport Committee on 10 June 2016 and are now presented for consideration and approval.

Decision Making Process

2.      This item has all been specifically considered at the Committee level.

 

Recommendations

The Regional Transport 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.

Request for Variation to the Regional Land Transport Plan 2015-25

2.      Approves the variation to the Regional Land Transport Plan 2015-25 as follows.

Substitute the relevant columns of line 8 on page 18 and line 22 on page 22 with:

 

Organisation

Project Name and Description

Total Cost 6 years

Cost 2015

Cost 2016

Cost 2017

Cost 2018

NZTA HNO/ NCC

SH2/SH2B/Watchman Rd/HB Airport Entrance Intersection Improvements. Investigation and implementation of safety improvements at high risk intersections on a regional state highway.

$10,500,000

 

$200,000

$9,500,000

$800,000

 

Reports Received

3.      Notes that the following reports were provided to the Regional Transport Committee meeting:

3.1.      Napier-Wairoa Rail Proposal

3.2.      Regional Land Transport Plan Review

3.3.      NZTA Central Region - Regional Director's Report for June 2016

3.4.      June 2016 Public Transport Update

3.5.      June 2016 Transport Manager's Report

3.6.      June 2016 RoadSafe Update

3.7.      Advisory Representative Verbal Reports.

 

 

Anne  Redgrave

Transport Manager

Liz Lambert

Chief Executive

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: Recommendations from the Regional Planning Committee

 

Reason for Report

1.      The following matters were considered by the Regional Planning Committee meeting on 1 June 2016 and are now presented for Council’s consideration and approval.

Decision Making Process

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

 

Recommendations

The Regional Planning Committee recommends that Council:

1.      Agrees that the decisions to be made are 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.

Iwi - Hapu Engagement Plan for the Development of the Greater Heretaunga (TANK) Plan Change

2.      Endorses the Iwi - Hapu Engagement Plan for the Development of the Greater Heretaunga (TANK) Plan Change, subject to:

2.1.      finalisation by staff and the inclusion of any minor amendments arising from further iwi/hapu feedback

2.2.      any material proposed amendments being approved by the Regional Planning Committee for further recommendation to Council.

Effectiveness of Regional Plans for Managing Oil & Gas Activities

3.      Agrees that an assessment of a plan change is not necessary until the 2020-21 review of the Regional Resource Management Plan, or an earlier related plan change as it presents.

4.      Requests that staff bring a statement of principles regarding potential oil and gas development in Hawke’s Bay to the Regional Planning Committee.

Tukituki Implementation Principles

5.      Adopts the Tukituki Implementation Principles (attached), inclusive of amendments agreed by the Regional Planning Committee, for development of the Plan Change 6 Implementation Plan.

Regional State and Trends of River Water Quality and Ecology

6.      Approves publication and release of the:

6.1.      Waikare, Aropaoanui and Esk Catchments: State and Trends of River Water Quality and Ecology report

6.2.      Wairoa and Northern Catchments: States and Trends of River Water Quality and Ecology report

6.3.      Porangahau and Southern Coastal Catchments: State and Trends of River Water Quality and Ecology report.

Reports Received

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

7.1.      Ngaruroro Water Conservation Order Update

7.2.      Verbal Update on the TANK Project

7.3.      Verbal Presentation on the TANK Information Portal

7.4.      June 2016 Resource Management Planning Project Update

7.5.      March 2016 - May 2016 Statutory Advocacy Update

7.6.      Presentation of Pataka - A Resource Management Tool

 

 

Iain Maxwell

Group Manager
Resource Management

James Palmer

Group Manager
Strategic Development

 

 

Liz Lambert

Chief Executive

 

 

Attachment/s

1

Draft TANK Plan Change Iwi Engagement Plan

 

Under Separate Cover

2

Tukituki Plan Change 6 Implementation Principles

 

 

  


Tukituki Plan Change 6 Implementation Principles

Attachment 2

 



HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: Recommendations from the Corporate and Strategic Committee

 

Reason for Report

1.      The following matters were considered by the Corporate and Strategic Committee meeting on 15 June 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.

HBRIC Ltd Draft Statement of Intent 2016-17

2.      Notes that this Statement of Intent for HBRIC Ltd, as a Council Controlled Trading Organisation, is required to be presented to Council as a shareholder of HBRIC Ltd under the provisions of the Local Government Act 2002.

3.      Approves HBRIC Ltd’s submitted Statement of Intent, and notes that the Statement of Intent reflects the Council’s objectives for HBRIC Ltd and has been prepared in accordance with the requirements of the Local Government Act 2002.

Annual Bus Fares Review

4.      Agrees to implement Option D, being:

4.1.      No fare increases, Express adult fares remain at current levels and Route 12 2- zone fares are decreased to match these. Concessions introduced on Express services, zone boundary introduced for Clive.

Reports Received

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

5.1.      Report and Recommendations from the 18 May 2016 Finance Audit & Risk Sub-committee

5.2.      HB Tourism Quarterly Update

5.3.      June 2016 Public Transport Update

5.4.      Health and Safety Update Report for the Period 1 April - 31 May 2016.

 

 

Paul Drury

Group Manager
Corporate Services

Liz Lambert

Chief Executive

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

SUBJECT: Members' Allowances and Reimbursement Policy

 

Reason for Report

1.      The Remuneration Authority has informed Council of the new rates for elected member allowances for mileage, travel time and communication as well as changes to the application of the 30 kilometre threshold distance.  These directives will form part of the Local Government Elected Members (2016/17) determination which will be issued in the new financial year.

2.      Council has a policy in place on elected members allowances and expenses which needs to be amended to reflect these changes and to be formally adopted by Council and sent to the Remuneration Authority for approval.

3.      This paper proposes that Council’s policy on elected member allowances and expenses be amended to reflect these changes.

Background

Elected Member Allowances and Expenses

4.      The Elected Members Allowances and Expenses policy was last amended in October 2013. The Remuneration Authority has informed Council of some updates to the elected member allowances for mileage, travel time and communication. A summary of these changes follows.

Allowance

Current

New

Mileage Allowance (first 5,000 kms)

$0.77 per km

$0.74 per km

Mileage Allowance (after 5,000 kms)

$0.37 per km

No change

Travel Time Allowances

$35.00 per hour

$37.50 per hour

Communication Allowance

Limited to $1,050 per year

No change

 

5.      The reduction in the mileage allowance follows the IRD mileage rate and reflects the reduction in fuel costs over the last few years.

6.      There has also been a change to the 30 kilometre threshold distance which will now only apply to travel to and from the Council Head Office.  For all other travel by a member which meets the reimbursement criteria no threshold distance will apply.

7.      The paper proposes that Council amends its policy on Elected Members Allowances and Expenses (Sections 3.2, 3.3 and 4.3) to reflect the increase in vehicle mileage rates travel time allowances and the threshold distance application. The amended policy is appended as Attachment 1, changes are highlighted.

Decision Making Process

8.      Council is required to adopt a policy on Elected Members Allowances and Expenses which are consistent with the relevant sections of the Local Government Elected Members Determination. This policy requires the approval of the Remuneration Authority once it has been approved by Council.

 

Recommendations

That Council:

1.      Adopts the Elected Members Allowances and Expenses Policy which is appended to this paper as Attachment 1, and submits this policy to the Remuneration Authority for their approval.

 

 

Manton Collings

Corporate Accountant

Paul Drury

Group Manager
Corporate Services

 

Attachment/s

1

Councillor Policy - Elected Members Allowances and Expenses - June 2016

 

 

  


Councillor Policy - Elected Members Allowances and Expenses - June 2016

Attachment 1

 






HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 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 2

          DP 10573

          CT  A1/1134

-     Transfer

 

1.1.2     Lot 1

          DP 6177

          CT  B3/1167

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.3     Lot 1

          DP 36594

          CT  157/43

-     Transfer

 

1.1.4     Lot 48

          DP 13693

          CT  F2/1293

-     Transfer

 

1.1.5     Lot 541

          DP 11559

          CT  C1/146

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.6     Lot 192

          DP 11149

          CT  B1/1221

-     Transfer

 

1.1.7     Lot 17

          DP 13899

          CT  F4/36

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.8     Lot 3

          DP 12425

          CT  D4/644

-     Transfer

 

1.1.9     Lot 28

          DP 12309

          CT  D2/502

-     Agreement for Sale and Purchase

 

1.1.10  Lot 195

          DP 12611

          CT  D4/1109

-     Transfer

 

1.1.11  Lot 36

          DP 13692

          CT  F2/1275

-     Agreement for Sale and Purchase

 

1.1.12  Lot 2

          DP 457858

          CT  G3/319

-     Agreement for Sale and Purchase

 

1.1.13  Lot 72

          DP 13695

          CT  F2/1322

-     Agreement for Sale and Purchase

 

1.1.14  Lot 37

          DP 13898

          CT  F4/412

-     Agreement for Sale and Purchase

 

 

 

 

 

3951

 

 

 

 

3952

3953

 

 

 

 

3954

 

 

 

 

3955

 

 

 

 

3956

3967

 

 

 

 

3957

 

 

 

 

3958

3698

 

 

 

 

3959

 

 

 

 

3960

 

 

 

 

3961

 

 

 

 

3962

 

 

 

 

3964

 

 

 

 

3965

 

 

 

 

3966

 

 

 

 

26 May 2016

 

 

 

 

30 May 2016

30 May 2016

 

 

 

 

30 May 2016

 

 

 

 

30 May 2016

 

 

 

 

2 June 2016

20 June 2016

 

 

 

 

9 June 2016

 

 

 

 

9 June 2016

20 June 2016

 

 

 

 

9 June 2016

 

 

 

 

9 June 2016

 

 

 

 

9 June 2016

 

 

 

 

10 June 2016

 

 

 

 

16 June 2016

 

 

 

 

16 June 2016

 

 

 

 

16 June 2016

1.2

Acquisition of Land for flood control – for part of the Upper Tukituki Flood Control Scheme

Lot 21 DP 476982

CT 660602

(map attached)

 

 

 

 

 

3963

 

 

 

 

15 June 2016

 

Decision Making Process

2.       Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

2.1   Sections 97 and 88 of the Act do not apply

2.2   Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided

2.3   That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.

 

Recommendations

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Confirms the action to affix the Common Seal.

 

 

Diane Wisely

Executive Assistant

Liz Lambert

Chief Executive

 

Attachment/s

1

Map - Acquisition of Land - Upper Tukituki for Flood Control Scheme

 

 

  


Map - Acquisition of Land - Upper Tukituki for Flood Control Scheme

Attachment 1

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: Hawke’s Bay Marine Information: Review and Research Strategy

Reason for Report

1.      This report details the findings of a report titled “Hawke’s Bay Marine Information: Review and Research Strategy”. This report, along with an associated geodatabase was commissioned by HBRC, MPI and NKII and delivered by Dr Tim Haggitt of ECoast Ltd.

2.      This report summarises available information on marine habitats within the Hawke’s Bay coastal marine area, and also contains a gaps analysis based on the collation of current information including eight recommendations focused on addressing these gaps.

Background

3.      Very recently there has been active discussion and publicity about the state of fish stocks and marine habitats in Hawke’s Bay. Staff have been working with a range of individuals and agencies for the past 12-18 months on gaining a greater understanding of the marine environment.  This began as a series of meetings to discuss solutions and ways to begin addressing perceived declines in the region’s fisheries.

4.      Staff saw an opportunity to bring together a group comprising key initial interests in the area (Central Govt agencies, tangata whenua fisheries interests, commercial and recreational interests) to begin a discussion on options to inform the debate.

5.      A key aspect of the collaboration was to conduct an initial piece of work that established the scale of the ‘problem’.  The ‘problem’ being what the gaps are with our current understanding of our coastal environment that could contribute to improved outcomes with regards the broader management of the coastal environment.

6.      HBRC facilitated the production of this report, with investment from HBRC, MPI and Ngati Kahangunu Iwi Incorporated.  Dr Haggitt will explain the report and the processes he used to obtain the information in it.

7.      Prior to this report, the current state of knowledge around the marine environment of Hawke’s Bay was uncertain as the investment by most agencies has been sporadic and not strategic. This report provides a synthesis of current available information around the marine habitats of Hawke’s Bay, both scientific, anecdotal and customary. The report is not exhaustive but provides a good stepping stone from which to identify key knowledge gaps and important marine habitats in Hawke’s Bay.

8.      An understanding of the scale and extent of the ‘problem’ will then potentially allow the key agencies to continue to collaborate to develop a strategic approach to an investment in further science to fill the gaps.  A collaborative approach to this will avoid duplication of effort, make investment in the region attractive and obtain answers to key research priorities early to inform future decision making.

9.      For example, relatively little is known about the distribution and condition of significant habitats within our Coastal Marine Area. This is a major gap which affects council’s ability to identify and maintain biodiversity, and to understand and manage land-based impacts on marine ecosystems.

Financial and Resource Implications

10.    Gaining an understanding now of the scale of the ‘problem’ (gaps in the science) and then developing a strategy and list of research priorities will allow the various agencies and partners to think about a way forward to begin funding the science.  This will allow staff to bring back to Council information and proposals for the next Annual Plan and Long Term Plan. 

11.    Aligned with this work will, in time, be the requirement for changes in policy.  Staff have been discussing this and are aware that currently any required changes are not planned or resourced.  The provision of the further science will allow this to be reviewed and for any required policy change processes to be brought back into Council’s financial planning cycles.

Decision Making Process

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

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 region’s management of natural resources.

12.5.   Options that have been considered include to do nothing.

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

12.7.    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 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.      Receives and notes the “Hawke’s Bay Marine Information: Review and Research Strategy”.

3.      Adopts the “Hawke’s Bay Marine Information: Review and Research Strategy” for publication.

 

 

Oliver Wade

Environmental Scientist WQ&E

Dr Stephen Swabey

Manager, Science

 

 

Iain Maxwell

Group Manager
Resource Management

 

 

Attachment/s

1

Hawke’s Bay Marine Information: Review and Research Strategy

 

Under Separate Cover

     


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: Regional Sector Science and Technology Strategy

Reason for Report

1.      The Science Advisory Group (SAG) of the Regional Sector has over the past 12 months been engaged in a review of the Regional Council Research, Science and Technology Strategy (RSTS).

2.      This paper is to inform Council of this work and to socialise the existence of the RSTS and its role in informing the broader science investment from central and local Government.

Background

3.      The original RSTS was developed in 2009 and has proven instrumental for guiding and influencing the science investment in matters affecting Regional Council work.  It has also been a catalyst for the improved coordination and alignment of the science spend across the sector.

4.      The RSTS brings together the range of strategies that the various Special Interest Groups (SIG) of the Regional Sector have in operation.

5.      The RSTS identifies and sets out strategic priorities, they are;

5.1.      Better science utilisation

5.2.      Policy effectiveness

5.3.      Integrated land and water science for enhanced sustainable production

5.4.      Biosecurity/biodiversity

5.5.      Hazard risk management

5.6.      Coastal

5.7.      Retaining and building science capability and capacity.

6.      Council’s own Science and Technology Strategy adopted on 27 January 2016 is based on the 2011 version of the RSTS.  Although our strategy was developed in advance of the 2016 version of the RSTS, it is consistent with it.

7.      The RSTS has been widely circulated to central government and science providers via the sectors’ normal communication channels, and is available electronically on the Envirolink website, at (http://www.envirolink.govt.nz/).

Decision Making Process

8.      Council is required to make every decision in accordance with Part 6 Sub-Part 1, of 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 to be made, the decision making provisions of the Local Government Act 2002 do not apply.

 

Recommendation

1.      That Council receives and notes the “Regional Sector Science and Technology Strategy” report.

 

 

Iain Maxwell

Group Manager
Resource Management

 

 

Attachment/s

1

Regional Council Research, Science
and Technology Strategy 2016

 

Under Separate Cover

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

SUBJECT: Monthly Work Plan Through July 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.    Strategic Plan Refresh process – initial stage with staff

2.    National Horticulture Field Day

3.    Relationship meeting with Ngai Tuhoe

4.    Attendance at LGNZ Annual Conference

External Relations

Communications

5.     Ongoing social media and video delivery focus

6.     Our Place in-paper placement (19 July)

7.     Primary sponsorship of National Horticultural Field Day, with a presentation by James Palmer on TANK (8 July)

8.     Staff are assisting with resource development for RPC annual report, Pre-Election Report, strategic plan refresh (pre-work), TANK Plan Change, Tukituki implementation, HPUDS web refresh, Coastal Hazards strategy and Local Elections 2016.

 

Transport

9.    A decision by Hastings District Council to move the Hastings bus terminus in Eastbourne Street may delay the implementation of planned bus changes by one month. We are working with HDC staff to determine the timing of the move.

10.  Funding for the Cycle Network Coordinator role has now been confirmed and recruiting will get underway in early July.

11.  The Driver Licensing Training Fund has now been advertised, with good early interest. Applications to the fund close on 15 July.

12.  Regional Land Transport Plan – New Zealand Transport Agency guidelines for the preparation of the next Plan have now been released. A timeline for the preparation of the next Plan (which must be complete by April 30, 2018) was presented to the Regional Land Transport Committee this month. 

13.  The RoadSafe   Hawke’s Bay team has won a national Department of Corrections award for their innovative road safety programme in the Hawke’s Bay Prison. Linda Anderson, RoadSafe HB manager, will be presented with the award at Parliament in August.

Corporate Services

 

14.  Deloitte Peer Review on RWSS – 8 July 2016 Extraordinary Council Meeting.

15.  Commence compiling of the Annual Report for year ending 30 June 2016.

Asset Management & Biosecurity

Coastal

16.  Stage 2 – the development of decision making framework is progressing and programmed for completion in time for adoption by the Joint Committee on 8 August.

Asset Management & Biosecurity

Land Management

17.  The team has organized a meeting with community members in Wairoa as part of an AgResearch funded Sustainable Land Management and Climate Change (SLMACC) project. The project is looking at how the effect of decision making “on-farm” and “in-town” can positively or negatively influence the overarching resilience of the community.

18.  Staff are continuing to put together the 2016-17 Operational Plan and Land Management Strategy. The team are also heavily involved in end of financial year project planning and reporting for the Tukituki Plan Change 6 Implementation program.

19.  Ian Millner has resigned from HBRC and will finish on 1 July 2016. We will be looking to find a replacement for Ian and appoint an additional new staff member as proposed in the annual plan early in the next financial year.

 

Engineering & Asset Management

20.  Ebbett’s stopbank (2.5 km) on the Tutaekuri River under construction – Land swapping and legal.

21.  Project management for $15M Waipaoa River stopbank upgrade (Gisborne DC) ongoing.

22.  GDC small projects – flood hazard mapping for Whatatutu Water supply, Wainui Beach small wall.

23.  Gravel Review –EMS to complete consenting issues section and draft final report including for ongoing management regime. Morphological model being calibrated.

24.  Heretaunga Plains Flood Control Scheme – Hydrologic review under way as initial stage in level of service improvement project.

25.  Hastings District Council – assisting with Iona triangle residential development, Omahu Industrial, Irongate Industrial.

26.  Repair groyne at Tukituki River mouth.

 

Biosecurity

27.  Cape to City initial 6,000ha control of predators has been completed with over 70 feral cats being caught.

28.  Cape to City research programme for 16-17 is being finalised with Landcare Research. The total research programme for 16-17 is $750k with $50k from HBRC. Research topics will span operational, outcomes, social and Maori based research proposals.

29.  Staff continue to progress a range of high UMF Manuka plantation initiatives with Comvita. Eight small scale planting trials to test flowering timing of cultivars will be planted.

30.  Staff resource has been appointed to help drive the RPMP process over the next 18 months. Early planning for the RPMP due in March 2018 is underway and will be brought to Council over the next 3-4 months for initial discussion.

Asset Management & Biosecurity

Open Spaces

31.  Waitangi Estuary Enhancement funding: 950k target, 913k raised. Next stage design confirmation and contractor procurement. Aiming to commence construction October 2016.

32.  Tutira Regional Park track signage installation underway.

33.  Open Space Community and Public underway.

34.  Waitangi Regional Park F&B Planting Saturday 30 July, 1900 plants.

35.  Taipo Stream planting in progress.

36.  Feasibility and design Papakiri Stream low flow connect and Kahikanui Stream Peak Flow runoff June / July

37.  Negotiations for Waireporepo Pa transfer to Pekapeka Regional Park to commence July.

38.  Tutira Regional Park Management Plan delayed, focus currently on Tutira mai nga Iwi project with MTT

Resource Management

Compliance

39.  Two parties have been prosecuted in regard to the Waihi Dam sediment discharge. Those parties will make their first appearance in the Wairoa District Court on the 7th July 2016.

Resource Management

Consents

40.  Consent applications have been lower than normal allowing staff to work on some applications that have been on hold and to work on process improvements. This will include providing for on line applications and access to more consent information via the web site.

Notified or limited notified consents in process

41.  Whakatu Wool Scours Ltd. This is a replacement consent and it is anticipated that if granted it will only continue for a limited period as the operation is likely to be transferred to Awatoto if merger plans are followed through. It has been limited notified because of adverse environmental effects (odour and dust) arising from its current operation. A prehearing was held in April which while constructive did not lead to any resolution of issues. A hearing is now scheduled for 16 July 2016. Clr Christine Scott and Mr Brian Gregory have been appointed as the hearing panel members.

42.  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.)

43.  Twyford (WP140331T - global consent to take emergency water from groundwater with stream depletion effect on the Ngaruroro). A prehearing has been held for this and submitters concerns are now resolved without the need for a hearing. Global consent not issued yet. On hold awaiting applications to transfer water into the global consent.

44.  Ngaruroro group (expiring consents taking from Ngaruroro surface water or adjacent stream depleting groundwater). A prehearing has been held for this and concerns of all but 1 of the submitters are now resolved without the need for a hearing. Seeking to resolve matters with final submitter.

Environment Court Appeals

45.  Pan Pac (CD96033Wf to extend their outfall and discharge further out to sea). Mediation was unsuccessful. Appeal hearing date – 22nd August.

46.  CPM Asphalt (DP150070A to discharge to air from an asphalt plant). Parties have attended a Court assisted mediation. Awaiting submitter to respond to conditions set out at the mediation meeting.

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

Strategic Development

Resource Management Planning

48.  Next TANK Collaborative Stakeholder Group meetings scheduled 28 June (#21) and 9 August (#22).  Topics at Meeting #21 include confirming values & measurable attributes for freshwater in TANK catchments, with particular focus on Ngaruroro.  Smaller working groups are beginning to get into their tasks (currently working groups established for wetlands, stormwater, economics, communications, and mana whenua).

49.  Awaiting next steps regarding Minister for the Environment’s handling of the Water Conservation Order application for the Ngaruroro and Clive rivers.  Application was lodged in Dec 2015.  Meanwhile, senior staff continue to liaise with WCO co-applicants agents about TANK and WCO process compatibility.

50.  MFE-funded project on criteria and methodology for assessing NZ’s outstanding freshwater bodies has been re-oriented.  Project’s overall outputs now differ from what was originally intended, and project to be completed in August.

51.  Stage 2 (of 3 stages) is nearing completion on the Heretaunga Plains Urban Development Strategy 5-year review.  Next meeting of the HPUDS Implementation Working Group is scheduled 30 June to consider Stage 2 reporting and next steps.  Seminar for briefing HDC, HBRC and NCC councillors (incl. RPC members) being scheduled early July prior to wider Stage 3 community engagement on a revised Strategy.

52.  Reviewing proposed NPS for Urban Development Capacity and drafting comments.  Staff working with TLA planning staff on possible shared submission.  Submission deadline is 15th July, so timeframe doesn’t allow submission to be considered at 3 August RPC meeting, but draft submission will be pre-circulated to RPC members for feedback.

53.  Part of the last remaining appeal (by Fish & Game) relating to wetlands in the RRMP and Plan Change 5 is unresolved.  Parties have exchanged statements of their respective positions on F&G’s revised appeal points.  Potential still exists for out-of-court resolution prior to parties needing to prepare and exchange evidence ahead of a possible Court hearing end of August or later.

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

55.  Draft revisions to RPC’s Terms of Reference were presented to RPC for feedback and further revisions to be presented to RPC’s meeting in August.  Revisions follow enactment of the Hawke's Bay Regional Planning Committee Act 2015.

56.  Scoping work commenced on preparation of an HBRC/Maori strategic relationships plan.

57.  Work commenced on refreshing the HBRC Strategic Plan with staff workshops beginning in July.

58.  Supporting Stage 2 community engagement programme on Clifton to Tangoio Coastal Hazard Management Strategy project as required.

59.  Continuing to support preparation of a plan and establishment of a Trust to implement the Regional Biodiversity Strategy, including in regional planning documents where relevant.

60.  Supporting preparation of planning to implement PC6 for the Tukituki River catchment.

61.  A meeting with key stakeholders on a draft Regional Energy Strategy is planned for 12th July and presentation to the Council thereafter.

62.  Upcoming reports to Regional Planning Committee meetings likely to cover:

a) RPC’s revised terms of reference

b) Ngaruroro water conservation order application update

c) TANK project update

d) Tangoio to Clifton Coastal Hazards Management Strategy project update

e) Annual report on progressive implementation of NPSFM

f) Annual report on RPC’s activities during 2015-16 year

g) Principles for HBRC managing effects of oil and gas activities.

Strategic Development

Economic Development

63.  Finalising the Regional Economic Development Strategy and Action Plan with regional partners and central government, and scoping projects proposed for HBRC lead. Preparation for Stakeholder briefings.

64.  Ongoing support of study of tourism opportunities related to Rocket Lab’s Mahia Peninsula operations in partnership with Wairoa and Gisborne district councils, HB Tourism and the Ministry of Business, Innovation and Employment.

65.  Ongoing review of the Regional Business Partner delivery model and performance.

66.  Support RWSS work streams as required.

 

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 Through July 2016 report.

 

 

Mike Adye

Group Manager
Asset Management

Paul Drury

Group Manager
Corporate Services

 

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 29 June 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 29 June 2016

SUBJECT: CONFIRMATION OF PUBLIC EXCLUDED MINUTES OF THE REGIONAL COUNCIL MEETING HELD ON 15 JUNE 2016

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

Napier-Wairoa Log Freight Service

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.

Confirmation of Public Excluded Meeting held on 25 May 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.

 

 

 

 

Leeanne Hooper

Governance & Corporate Administration Manager

Liz Lambert

Chief Executive

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 June 2016

Subject: RWSS Concession Deed and Project Agreement

That Council excludes the public from this section of the meeting, being Agenda Item 20 RWSS Concession Deed and Project Agreement 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

RWSS Concession Deed and Project Agreement

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).

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

 

 

 

Liz Lambert

Chief Executive