MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 29 June 2016

Time:                          9.00 am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     F Wilson - Chairman

R Barker

P Beaven

T Belford

A J Dick

R Graham

D Hewitt

D Pipe

C Scott

 

In Attendance:          M Mohi – Chairman – Maori Committee

E Lambert – Chief Executive

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 Wares – Sainsbury Logan & Williams

A Newman – CE, HBRIC Ltd

T Skerman – Economic Development Manager

J Scotland – HBRIC Ltd Director

S Robinson – HBRIC Ltd Director

O Wade – Environmental Scientist Water Quality & Ecology

 

 


1.       Welcome/Prayer/Apologies/Notices

The Chairman welcomed everyone to the meeting and Mr Mohi offered a karakia.

The Chairman advised that item 12 Recommendations from Corporate and Strategic Committee will be presented at 1pm, as Directors of HBRIC Ltd are available then to speak to any further changes to the Statement of Intent; and that item 15, Hawke’s Bay Marine Information will be presented following this as the out of town scientist is available to speak.

 

2.       Conflict of Interest Declarations

Cr Hewitt stated, in relation to Ruataniwha Water Storage Scheme, that the Auditor General has responded to her enquiry with the declaration:

“The Auditor-General declares, under section 6(4) of the Local Authorities (Members’ Interests) Act 1968, that section 6(1) of the Act will not apply with respect to discussion or voting on decisions about whether the conditions on Council’s $80 million investment have been met before the Hawke’s Bay Regional Council or any of its committees.. This declaration will continue in effect until the next triennial elections of the Council.”

 

3.       Confirmation of Minutes of the Regional Council Meeting Held on 8 & 9 June 2016 and the Extraordinary Regional Council Meeting Held on 15 June 2016

RC37/16

Resolution

Minutes of the Regional Council Meeting held on Wednesday 8 & Thursday 9 June 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record as amended.

Scott/Pipe

CARRIED

 

RC38/16

Resolution

Minutes of the Extraordinary Regional Council Meeting held on Wednesday, 15 June 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record as amended.

Beaven/Scott

CARRIED

 

4.       Matters Arising from Minutes of the Regional Council Meeting Held on 8 & 9 June 2016

In relation to item 6 on page 17, it was advised that councillors received a request from Hohepa Trust to reconsider its 9 June 2016 ‘make no change to the annual plan’ decision. In response, Mrs Lambert advised that staff have an ongoing working relationship with groups involved in Ahuriri Estuary and Taipo Stream enhancement projects reflected in the Groups of Activities levels of service and performance targets.

Matters Arising from Minutes of the Extraordinary Regional Council Meeting Held on 15 June 2016

In relation to item 3 on page 2, councillors were updated on the process for recruiting a Chief Executive.

There were no further matters arising from the minutes.

 

5.

Follow-up Items from Previous Regional Council Meetings

 

Mr Iain Maxwell provided additional detail relating to the expert independent panel requirements set out in the consent conditions from the Board of Inquiry for the RWSS dam safety, including:

·         the Dam Construction Expert Panel has met and reviewed and certified the dam type which had changed

·         three regulating councils (HDC, CHBDC & HBRC) provided Trevor Natushka (Category A Registered Dam Engineer) as a member of that Panel to represent those councils’ interests in the discussions so they understand what’s going on

·         view of regulatory staff is that the Independent Review Panel needs to convene post financial close when detailed drawings and design are available to them – which will also fit into the construction environment management plan process

·         Independent Review Panel is convened by and reports to the consent holder, with no requirement to report back to HBRC, however staff have reached a verbal agreement with HBRIC that Trevor Natushka be on the panel to provide Council with a channel, or view, back into that process

·         Council does not consider that RWSS has breached any consent conditions in this regard, nor that there is any risk to dam safety – which has been confirmed by legal advice sought and provided

·         To meet Building Act requirements for dam safety, Waikato Regional Council will also convene experts to review the design, the construction, etc of the dam from a dam safety perspective – which will convene post financial close when they know there is something to review. At this stage there is no project to review as nothing has been confirmed.

Mrs Liz Lambert noted that a Clean Heat milestone was recently achieved with the 10,000th property accessing the grant scheme.

In relation to LGOIMA requests, some details of requestors was requested and an update provided on the resource consent application process for tranche 2 water in the Tukituki catchment.

RC39/16

Resolution

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

Beaven/Scott

CARRIED

 

6.

Call for Any Minor Items not on the Agenda

 

Recommendation

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

1.     Cr Hewitt – Argyll East School Community Planting Day

2.     Cr Scott – Business Hub First Anniversary

3.     Cr Beaven – Water Bottling Consents

4.     Cr Belford – Burning Rubber

5.     J Palmer – Strategic Plan Refresh

 

7.

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

 

The Chairman advised that councillors will be provided an opportunity to ask questions specifically related to the Concession Deed and Project Agreement contents in public excluded session due to the commercially sensitive nature of those as still being subject to negotiations.

Mrs Liz Lambert introduced Mr Andrew Wares, Council’s legal advisor on RWSS legal matters, who responded to a question, advising that the Concession Deed is able to be amended at any time by way of contract agreed by the parties. Mr Wares then ran through his notes, detailing what he believes to be of relevance to Council’s governance role.

Discussions and queries traversed:

·         Council’s regulatory capacity, monitoring of the RWLP’s performance, and financial liability and obligations

·         Insurance requirements and where liability lies – public liability measures included in Concession Deed whereas Project Agreement details more extensive insurance requirements

·         Obligations in terms of ‘functioning dam’ upon expiry of the Concession Deed and transfer of the dam to Council

·         Financial security provided by water users in the Water User Agreement

·         The Tamatea Agreement between HBRIC Ltd and Te Taiwhenua o Tamatea in relation to employment and educational opportunities for tangata whenua

·         Project Agreement more mechanical, dealing with transfer of rights, property, etc and Council is party to the agreement as HBRIC Ltd shareholder

·         Definition of Environmental Flows, Council’s step-in rights in emergency situations

The meeting adjourned at 10.35am and reconvened at 10.50am

Further discussions traversed:

·         security for Water User Agreements, letter of credit facility and advice from ‘bank’ re risk of water users defaulting on payments being that there have been no defaults to date elsewhere and do not foresee future eventuality

·         Risk of reservoir not able to provide water – 95% reliability based on records, and a curtailment regime will be agreed with water users post financial close

·         Insurance for catastrophic failure of the dam and public liability, costs and risk associated – for the limited partnership, investors, banks

·         WUA requirements relating to FEMPs and nutrient budgets and obligations on water users to meet those prior to water being supplied – advice re exercise, enforceability, etc will come from Bell Gully (certificate) as part of the HBRIC recommendations for the Council’s final investment decision

The item was adjourned at 11.12am – to be reconvened later in the afternoon

 

8.

HBRC Environmental Flows Proposal

 

Mr Iain Maxwell introduced the item, outlining what staff are proposing and where funding for the work might be sourced from. Discussions traversed:

·         Other sources of funding to be investigated as alternatives to “contingency” funds

·         assess environmental flows required under the RWSS consent conditions, and if inadequate then identify problem(s) to be addressed

·         consultant provides benefits of independence and ability to take a fresh holistic view

·         evidence put before Board of Inquiry was that more water than that provided for in resource consent conditions (determined to be sufficient for sustainable management of flows) would definitely benefit the catchment, however where it would be of most benefit and how much is required need to be determined

·         intention to use requirements of RWSS consent conditions and PC6 (for sustainable management) as baseline to identify if there are ‘issues’ that could be mitigated or solved over and above ‘sustainable’ provided for by BoI decision and whether there is opportunity to address those through additional environmental flows

·         Desktop modelling expertise will be used to determine where and how much water, then if the decision is to sign the WUA then the ‘free water’ can be used to fine tune the best volumes, timing, etc

·         Consider whether the $36M (or $23.5M + CPI adjustment) could be spent to better effect elsewhere

·         Opportunity costs were not included in the scope of this request

·         Assurance sought that the additional flows are not intended to relieve any pollution issues created by farmers or others, but are solely for environmental enhancement

·         Clarity on scope of work for consultant to reflect discussions about what information is being sought to inform the decision to be made

RC40/16

Resolutions

That Council:

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

2.      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.

4.      Subject to the Terms of Reference or Scope of Work being brought back to Council for agreement.

Dick/Belford

For: Dick, Hewitt, Scott, Pipe, Belford, Wilson

Against: Graham, Beaven, Barker

CARRIED

 

9.

Adoption of the 2016-2017 Annual Plan

 

Mr Paul Drury introduced the item, outlining the amendments made to the plan to reflect Council’s decisions on submissions.

There was discussion around the possibility of changing Council’s decision of 9 June and granting $150k to the CHB District Community Trust in an effort to enable them to apply for a Lotteries Grant.

RC41/16

Resolutions

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.

Hewitt/Dick

CARRIED

4.      Rescinds the Council decision of 9 June to make no change to the Annual Plan and amends the Annual Plan to provide a $150,000 funding contribution to the CHB District Community Trust for development of the CHB Multi-use Turf – to be drawn down in the last quarter of the 2016-17 financial year.

Hewitt/Dick

for: Dick, Hewitt, Graham

Against: Scott, Beaven, Pipe, Barker, Belford, Wilson

LOST

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.

Hewitt/Dick

CARRIED

 

The meeting adjourned at 12.40pm and reconvened at 1.15pm.


 

12.

Recommendations from the Corporate and Strategic Committee

 

The paper was taken as read, however further discussions in relation to the HBRIC Ltd Statement of Intent traversed:

·         Public concerns around impacts of dairying even though not highest leaching landuse activity

·         Appointment of a specialist ‘environmental’ director to the limited partnership to balance the ‘commercial’ nature of the board of directors, and providing Council with the opportunity to nominate a candidate to that selection process

RC42/16

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy and that Council can exercise its discretion and make decisions on these issues without conferring directly with the community.

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.

Barker/Graham

CARRIED

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, with the addition of:

3.1     A new sub-clause be added to the HBRIC Ltd 2016-17 Statement of Intent under the Ruataniwha Water Storage Scheme heading, being;

            “The HBRIC-appointed directors of the Ruataniwha Water General Partner will use all reasonable endeavours to ensure that all decisions of the enterprise are consistent with the objectives of Plan Change 6, and that all farmers have a complying Farm Environmental Management Plan in place before supplying irrigation water for agricultural intensification on, in particular, the light soils in the Ruataniwha Basin for farming types currently known to have high nitrogen leaching such as dairying.

3.2.    In its letter to HBRIC Ltd on the amended 2016-17 Statement of Intent, includes a request that, in the event that the Limited Partnership for the Ruataniwha Water Storage Scheme is created, HBRIC Ltd will use its best endeavours in negotiating and agreeing the Shareholders’ Agreement with other Limited Partners, that one of the independent directors of the General Partner is to be appointed for their credibility and knowledge of environmental considerations, with some preference being given to a Hawke’s Bay resident, and that Hawke’s Bay Regional Council has an ongoing right to nominate such a person it thinks has these qualities as a candidate in the director selection and appointment process when such an appointment is being made.

Barker/Graham

CARRIED

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.

Barker/Graham

CARRIED

 

15.

Hawke’s Bay Marine Information: Review and Research Strategy

 

Mr Iain Maxwell introduced Dr Oliver Wade (HBRC Coastal Scientist) and Dr Tim Haggitt (eCoast Ltd) as well as members of Department of Conservation, LegaSea HB (representing recreational interests), Ministry for Primary Industries, the newly established Napier Fisherman’s Association and tangata whenua in the gallery – all of whom contributed to the Review and Research Strategy report.

The review came about from discussions around concerns about the region’s fisheries and the need to be informed by scientific evidence and knowledge and was funded by investment from Council, MPI and Ngāti Kahungunu Iwi Incorporated.

Collaborative effort to carry out a gaps analysis to identify what the real issues were that needed to be mitigated, addressed, or managed differently into the future, ranging broadly across the Hawke’s Bay coastal waters.

Dr Haggitt ran through the report and its findings, highlighting:

·         objectives of the collation exercise to: understand how various pressures resulting from land-based activities within the region may have changed HB’s coastal habitats, identify gaps in the information base, and to develop a strategy that could be applied to the CMA to bridge those information gaps alongside other agencies (MPI, Iwi, DoC) and various stakeholder groups into the future

·         A GIS database collating available information on the different habitat types and their spatial extents within the CMA was also produced

·         much of the habitat-related information for coastal environments was limited to isolated or ad hoc studies with the exception of State of the Environment (SoE) Monitoring undertaken by HBRC, which has increased in scope and intensity from 2006 onwards

·         stakeholder interviews carried out in relation to coastal habitats revealed consistent themes of:  variation in the oceanographic climate – especially a decline in the intensity of spring NW equinox offshore winds, significant region- wide decline in water quality since the mid-1970s  – predominantly underwater visibility; reduction of inshore and estuarine bivalve beds, particularly pipi and tuatua; and perception of increased sediment loading and sedimentation throughout rivers and estuarine systems

·         Iwi of Hawke’s Bay have a strong and extensive affinity with the moana (sea) and awa (rivers) of Hawke’s Bay and are deeply concerned over the present day state of the coastal environment including fisheries. Many feel disenfranchised with respect to the management of the CMA, but several hapu are being extremely proactive in terms of their restoration and monitoring of key (taonga) species

·         Hawke’s Bay region, since the early 1900s, has shown evidence of boom and bust phases associated with climatic variation and over-fishing. There is widespread concern over the current state of the fishery across all sectors (commercial, customary, and recreational). Some of the more prominent changes emanating from the interview process were:  the absence of historically abundant species, particularly hoki; inability for Tangata Whenua to collect enough kaimoana to feed marae; mixed fishery status becoming less prominent; reduction in gurnard numbers in the nearshore regions over the last 5 years, and an increase in spiny dogfish; absence of baitfish and the decline of observed kahawai feeding fronts at the ocean surface; reduction in paddle-crab numbers; and changes in the faunal composition of the inshore benthos surrounding Napier

·         There were a range of gaps in the information-base identified with respect to marine habitats, fisheries, Tangata Whenua values, and effects of land- and sea-based pressures on the CMA.

·         8 key strategy/research components were identified as being important for the variety of agencies (HBRC, MPI, Iwi, DoC) and additional stakeholders (community groups, recreational fishing groups, commercial fishers) to consider and implement into the future – in an effort to achieve improved integrated management of the Hawke’s Bay coastal environment so that the effects of various land-based activities can be minimised/better regulated. They are:

1.         Formalisation of inter-agency and stakeholder collaboration to work through and prioritise strategies

2.         Maintenance of exiting SoE monitoring and explore ways to amalgamate and develop customary (Matauranga Maori) monitoring linkages based on cultural knowledge

3.         Develop integrated management plans for major estuarine systems

4.         Incorporate subtidal monitoring into the SoE framework and undertake larger-scale surveys of important fisheries habitat

5.         Development of a hydrodynamic model

6.         Evaluate effectiveness of fisheries spatial management areas

7.         Determine fisheries habitats-linkages within Hawke’s Bay

8.         Continue to develop the GIS database developed for this project

Next steps in the process are critical, and Mr Maxwell invited Mr James Palmer to comment on the institutions and legislation involved with managing the CMA, there being 26 pieces of statute and nearly that number of organisations. Marine Protected Environments legislation is before Government, however it is not expected that the legislation will be enacted before the next general election.

Discussions traversed:

·         need to integrate freshwater and land issues into any research or future work in the coastal marine environment

·         stakeholder engagement in relation to determining where information may exist and how to integrate that into the picture to fill current knowledge gaps

·         research funding and sources to be explored, interest from Crown Research institutes

·         interface between land and water and sediment management, in terms of freshwater reform and aligning that work with the impacts on marine environments

·         encouraged staff to seek funding to enable the next steps of bringing together a broader group to develop a long term strategy and research plan to begin

RC43/16

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.      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.

Graham/Barker

Councillor Scott moved an amendment, seconded by Councillor Hewitt, being an additional resolution 4:

4.       Requests that staff actively pursue appropriate research and development funding to lead a multi-agency approach to develop the next stages in enabling integrated management of the coastal marine environment and land-sea interface.

Scott/Hewitt

the amendment was CARRIED

 and therefore became part of the Substantive Motion

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.

4.       Requests that staff actively pursue appropriate research and development funding to lead a multi-agency approach to develop the next stages in enabling integrated management of the coastal marine environment and land-sea interface.

Graham/Barker

CARRIED

 

10.

Recommendations from the Regional Transport Committee

 

Councillor Dick, as Regional Transport Committee Chairman introduced the item, highlighting the substantive issues addressed through the recommendations.

RC44/16

Resolutions

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy and that Council can exercise its discretion and make decisions on these issues without conferring directly with the community.

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.

Dick/Barker

CARRIED

 

11.

Recommendations from the Regional Planning Committee

 

Mr Palmer introduced the item advising that the Iwi-Hapu Engagement Plan for the TANK process is nearly finalised, awaiting feedback from iwi.

RC45/16

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.

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, 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

Dick/Barker

CARRIED

 

Item - 12. Recommendations from the Corporate and Strategic Committee - was moved to immediately follow item 9 and the meeting reconvening at 1.15pm.

 

13.

Members' Allowances and Reimbursement Policy

 

Mr Manton Collings provided an overview of the changes to the Remuneration Authority’s policy relating to allowances and expenses.

RC46/16

Resolution

That Council:

1.      Adopts the Elected Members Allowances and Expenses Policy following, and submits this policy to the Remuneration Authority for their approval.

Barker/Graham

CARRIED

Elected Members’ Expenses and Allowances Policy

Staff Responsible - Group Manager Corporate Services

Commencement Date:  9 October 2016

Rationale:  Council’s policy and rules for expenses (including reimbursement allowances) for the electoral tenure commencing 9 October 2016.

1.       Authentication of Expense Reimbursement and Allowances

The principles and processes under which Hawke's Bay Regional Council ensures that expense reimbursements and allowances are payable are as follows.

1.1.   Principles

1.1.1.   Are in line with Council policies.

1.1.2.   Have a justified business purpose.

1.1.3.   Are payable under clear rules communicated to all claimants.

1.1.4.   Are approved by a person able to exercise independent judgement.

1.1.5.   Are adequately documented.

1.1.6.   Are reasonable and conservative in line with public sector norms.

1.1.7.   Are, in respect of allowances, a reasonable approximation of expenses incurred on behalf of the local authority by the elected member.

1.1.8.   Support administrative efficiency by the payment, where possible, of standard allowances based on fair and reasonable value of costs incurred, rather than requiring elected members to continue to make numerous claims.

1.2.   Processes

1.2.1.   Councillors are issued with an explanatory memorandum explaining their entitlements and how they should claim them.

1.2.2.   Councillors are required to make expenditure claims for all allowances, other than agreed regular payments, which are approved by the Chief Executive prior to payment.

1.2.3.   All reimbursement costs will be based on actual and reasonable expenditure with claims to be supported by appropriate invoices to substantiate the claim and will be approved as part of the Council’s normal creditor payment process.

2.       Vehicle Provided

2.1.   Where the Chairman decides to take up the entitlement to a Council vehicle then the terms and conditions for the supply of a vehicle will be determined by the Chief Executive Officer in line with policies set out by the Remuneration Authority.

3.       Vehicle Mileage Allowance

3.1.   A vehicle mileage allowance is payable to an elected member for travel by that member each day, but only if:

3.1.1.   The member is not otherwise provided with a vehicle by the Council; and

3.1.2.   The travel is:

·       In a private vehicle; and

·       On Council business; and

·       By the most direct route that is reasonable in the circumstances, and

3.1.3.   The distance travelled by the member to the Council Head Office on the day exceeds the threshold distance (all other approved travel by elected members has no threshold adjustment).

3.2.   The maximum vehicle mileage allowance payable in any one twelve month period is the rate per kilometre as set out in the current Remuneration Authority determination:

3.2.1.   $0.74 per kilometre for the first 5,000 kilometres.

3.2.2.   $0.37 per kilometre for any distance over 5,000 kilometres.

3.3.   Restrictions on mileage claims for travel to and from the Council Head Office – NB: the threshold distance means the shorter of the following distances:

3.3.1.   The distance equivalent to a round trip between the member’s residence and the Council Head Office by the most direct route that is reasonable in the circumstances; and

3.3.2.   30 kilometres, if the distance equivalent to a round trip between the member’s residence and the Council Head Office is greater than 30 kilometres by the most direct route that is reasonable in the circumstances.

3.4.   ''Council business'' is defined as ''Official Council business whereby elected members are invited or required to attend both informal or formal meetings or events related to Council. These do not include meetings with constituents, or the elected member's own initiatives to familiarise or better inform themselves in any way with Council business, or where a Council function is primarily entertainment”.

4.       Travel Time Allowance

4.1.   Council may pay a Councillor a travel time allowance if the office of the Councillor cannot be properly regarded as a full-time position.

4.2.   An allowance may be paid to a Councillor under sub clause (4.1) for each day within the period of this determination that:

4.2.1.   The Councillor is travelling on Council business and by the quickest form of transport reasonable in the circumstances; and

4.2.2.   The travel time of the Councillor exceeds one hour.

4.3.   The allowance is payable, in relation to each day for which the Councillor qualifies under sub clause (4.2):

4.3.1.   At no more than $37.50 per hour; but

4.3.2.   Only in respect of the travel for that day that exceeds 1 hour.

4.4.   In this clause, on the Council’s business includes:

4.4.1.   Travel between a Councillor’s residence and the Council Head Office.

5.       Travel and Accommodation - (Mileage Claims – refer Section 3)

5.1.   Taxis and Other Transport

5.1.1.   Elected members will be reimbursed for the actual and reasonable cost of any expenditure on taxis and other transport incurred where such expenditure is considered reasonable and necessary for the attendance at conferences, seminars and business related meetings attended at the request of Council, or approved by the Chairman.

5.2.   Carparks

5.2.1.   Individual carparks are allocated to each elected member for use on Council and Committee meeting days only. In addition, the Chairman has a permanent car park and one other car park is permanently available for any other elected member to attend Council business at the Council offices.

5.3.   Use of Rental Cars

5.3.1.   Elected members will be reimbursed for the actual and reasonable cost of any expenditure on rental cars where this is considered necessary to attend conferences, courses and business meetings attended at the request of Council, or approved by the Chairman. If rental cars are used they are to be cheaper than mileage allowance or air fare.

5.4.   Air Travel – Domestic

5.4.1.   All domestic travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

5.5.   Air Travel – International

5.5.1.   All international travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

5.5.2.   Council will meet the cost only of economy class airfares unless specifically approved otherwise by the Chairman or Chief Executive.

5.5.3.   Stopovers for long distance flights will be at the discretion of the Chairman or Chief Executive, and where approved, will be paid or reimbursed.

5.6.   Airline Clubs/Airpoints/Airdollars

5.6.1.   The Chairman is provided with a Koru Club membership on the basis of frequency of air travel. Airpoints or Airdollars earned on travel, accommodation etc, paid for by the Council are available for the private use of members.

5.7.   Accommodation Costs While Away at Conferences, Seminars, etc

5.7.1.   Elected members will be reimbursed for the actual and reasonable cost of any expenditure incurred where this expenditure is incurred for attendance at the request of Council or approved by the Chairman or Chief Executive. Travel is to be approved in advance and all bookings are to be made through Council Corporate Services. This provision also applies to Councillors who normally live at a distance from Napier who stay overnight prior to or between Council or committee meetings.

5.8.   Meals and Sustenance, Incidental Expenses

5.8.1.   The reasonable cost of meals and sustenance will be paid or reimbursed where such expenditure is incurred for attendance at conferences, courses and business meetings attended at the request of Council, or approved by the Chairman or Chief Executive. A light lunch is generally provided to Councillors on Council and Committee meeting days.

5.9.   Private Accommodation Paid for by Local Authority

5.9.1.   An allowance of $50 per night can be claimed by elected members where they decide to stay privately when attending a conference, course or business meeting where their attendance is at the request of the Council or approved by the Chairman or Chief Executive. Reasonable additional costs associated with staying privately can be claimed only if the prior approval of the Chairman or Chief Executive has been received.

6.       Entertainment and Hospitality

6.1.   There are no hospitality or entertainment allowances paid to elected members. Where entertainment or hospitality is required at the request of the Council, or on the approval of the Chairman or Chief Executive, reimbursement can be claimed of an actual and reasonable basis.

7.       Equipment and Technology Provided to Elected Members

7.1.   The following allowances are paid to elected members to assist with the costs of equipment and technology provided by the elected member. Where Council requires members to use the following equipment the allowances below will be paid:

Item

Annual Allowance

Use of personal computer

$150

Use of an electronic tablet

$150

Use of a printer (with or without scanner)

$40

Use of a mobile phone

$60

Use of an internet connection

$250

Council related toll and mobile phone charges

$400

TOTAL

$1,050

7.2.   Elected Members will be limited to a total payment in any one financial year of $1,050.

7.3.   If elected members choose not to use their own equipment then Council may provide the equipment and technology required.  All equipment provided by the Council will be subject to approval by the Chairman.  This equipment continues to be the property of the Council.  The communications allowances which refer to the equipment provided will not be paid. 

8.       Professional Development, Clubs and Associations

8.1.   Council pays for the cost of professional development courses, seminars, etc approved by Council or the Chairman, within a specified annual budget.

8.2.   No expenses or allowances in respect of subscriptions to Clubs or associations are paid other than professional bodies specific to their role with Council – e.g. RMLA for Hearings Committee Members.

9.       Other Expense Reimbursements and Allowances

9.1.   The following are reimbursed or provided to elected members:

9.1.1.   Clothing

·       Elected members will be supplied with a rain jacket bearing the Council's logo.

9.1.2.   Stationery

·       Stationery and printer cartridges are available on request for use on Council business.

9.1.3.   Elected Members' Office

·       Elected members are entitled to use the Councillors' Office, located next to the Council Chamber on the ground floor of the Regional Council building. The office is equipped with desks, phone and a computer.

9.1.4.   Chairman’s Office

·       The Chairman is provided with an office at the Council’s offices in Napier. This office includes a direct dial telephone extension, a mobile phone with associated costs and a networked computer. Full secretarial assistance is also provided.

10.    Taxation of Allowances

10.1. Withholding tax will be deducted from all allowances (as distinct from reimbursements of actual business expenses).

11.    Signature

11.1. I seek approval from the Remuneration Authority, in relation to the electoral tenure commencing 8 October 2016, of the expense reimbursement rules and payments of allowances applicable to elected members as set out in this document which was adopted by Council on 29 June 2016.

11.2. The approved document and any attachments will be available for public inspection in accordance with the Remuneration Authority's determination.

 

14.

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 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

-     Transfer

 

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

-     Transfer

 

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

-     Transfer

 

1.1.15  Lot 1

          DP 11873

          CT  D1/484

-     Agreement for Sale and Purchase

 

 

 

 

 

3951

 

 

 

 

3952

3953

 

 

 

 

3954

 

 

 

 

3955

 

 

 

 

3956

3967

 

 

 

 

3957

 

 

 

 

3958

3698

 

 

 

 

3959

 

 

 

 

3960

3973

 

 

 

 

3961

 

 

 

 

3962

3972

 

 

 

 

3964

 

 

 

 

3965

 

 

 

 

3966

3969

 

 

 

 

3970

 

 

 

 

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

27 June 2016

 

 

 

 

9 June 2016

 

 

 

 

10 June 2016

27 June 2016

 

 

 

 

16 June 2016

 

 

 

 

16 June 2016

 

 

 

 

16 June 2016

27 June 2016

 

 

 

 

27 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

 

 

RC47/16

Resolutions

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.

Barker/Pipe

CARRIED

 

Item - 15. Hawke’s Bay Marine Information: Review and Research Strategy – was moved to immediately following item 12, the second item considered after the meeting reconvened at 1.15pm.

 

The meeting adjourned at 3.05pm and reconvened at 3.20pm

 

16.

Regional Sector Science and Technology Strategy

 

Mr Iain Maxwell introduced the item, advising the Strategy for the regional council sector will soon be released nationally.

RC48/16

Resolution

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

Scott/Beaven

CARRIED

 

17.

Monthly Work Plan Through July 2016

 

There was discussion around the proposed move of the Eastbourne bus terminus in Hastings, a briefing session for HDC, HBRC and NCC councillors about the next stage of the HPUDS review by the Implementation Working Group, and the meeting proposed for 8 July.

RC49/16

Resolution

That Council receives the Monthly Work Plan Through July 2016 report.

Dick/Beaven

CARRIED

 

18.

Minor Items Not on the Agenda

RC50/16

 

Item

Topic

Councillor / Staff

1.

Argyll East School Community Planting Day

Planting day held last Saturday, where 1400 native plants were planted along the creek (HBRC, Project Crimson & Mazda Foundation joint project with the community). The children and their biodiversity knowledge and enthusiasm were very inspiring.

Cr Hewitt

2.

Business Hub First Anniversary

First anniversary celebrated last week and guest speakers highlighted their experiences of relationship building through introductions made by way of the Hub.

Cr Scott

3.

Water Bottling Consents

Councillors were advised of an application for change of purpose for use of a water take and Cr Beaven sought clarification of the process for making Notification decisions, and queried whether Council should retain the delegation to make ‘notification decisions’ for specific activities.

Cr Beaven

4.

Burning Rubber

Meeanee Speedway holds burnout events where smoke from tyres has been raised as a health issue by nearby residents. HBRC staff working with NCC and DHB to determine what can be done to resolve issues.

Cr Belford

5.

Strategic Plan Refresh

Currently under way, and will seek current councillors’ views as part of the information gathering process.

J Palmer

 

 

  

19.

Confirmation of Public Excluded Minutes of the Regional Council Meeting Held on 15 June 2016

RC51/16

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

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.

 

Scott/Pipe

CARRIED

 

20.

RWSS Concession Deed and Project Agreement

RC52/16

Resolutions

1.     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.

 

2.        That Council’s legal counsel in this matter, Mr Andrew Wares, attends this part of the meeting.

Scott/Pipe

CARRIED

 

The meeting went into public excluded session at 3.50pm and out of public excluded session at 5.00pm

 

7.

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

 

The item reconvened at 5pm, Councillors having had the opportunity to ask commercially sensitive queries in relation to the Concession Deed and the Project Agreement in public excluded session.

RC53/16

Resolution

That Council:

1.      Receives and takes note of the “Legal Advice on the Ruataniwha Water Storage Scheme documents and 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, with the changes as agreed, on behalf of Council, noting that this will only be undertaken once resolution or completion of the minor outstanding matters has been reached.

Scott/Dick

CARRIED

 

Closure:

There being no further business the Chairman declared the meeting closed at 5.05pm on Wednesday 29 June 2016.

 

Signed as a true and correct record.

 

 

 

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