Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

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

There were no apologies.

Mrs Lambert advised that staff will provide an update on the investigation into the source of Havelock North water contamination under the Minor Items Not on the Agenda item.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

Councillor Beaven arrived at 9.04am

3. Confirmation of Minutes the Extraordinary Regional Council Meeting Held on 8 July 2016

RC31/16

Resolution

Minutes of the Extraordinary Regional Council Meeting held on Friday, 8 July 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

4. Matters Arising from Minutes of the Extraordinary Regional Council Meeting Held on 8 July 2016

There were no matters arising from the minutes.

Follow-up Items from Previous Regional Council Meetings

Mr Maxwell provided an update on the provision of the legal advice, currently in draft, in relation to the RWSS independent panel, advising that due to workload issues presentation of a public excluded item for Council has been delayed until the 28 September meeting.

In response to a query in relation to RMA delegations, it was confirmed that the Council is the body that makes delegations, not the Regional Planning Committee, and that is the rationale for the item on that topic being provided to Council at the 28 September meeting.

RC32/16

Resolution

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

Scott/Beaven

CARRIED

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 19:

1. stock and effluent in the Tukituki (Cr Graham)

2. questions from community meeting in Havelock North (Cr Graham)

3. stock on feedlots and stock in waterways (Cr Barker)

4. energy futures meeting (Cr Belford)

5. Coastal Hazards Joint Committee meeting (Cr Beaven)

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 541

DP 11559

CT C1/146

- Transfer

1.1.2 Lot 17

DP 13899

CT F4/36

- Transfer

1.1.3 Lot 37

DP 13898

CT F4/412

- Transfer

1.1.4 Lot 1

DP 11873

CT D1/484

- Agreement for Sale and Purchase

- Transfer

1.1.5 Lot 1

DP 11873

CT D1/484

- Agreement for Sale and Purchase

1.1.6 Lot 36

DP 13692

CT F2/1275

- Transfer

1.1.7 Lot 28

DP 12309

CT D2/502

- Transfer

1.1.8 Lot 120

DP 13111

CT E3/560

- Agreement for Sale and Purchase

1.1.9 Lot 72

DP 13695

CT F2/132

- Transfer

1.1.10 Lot 1

DP 14400

CT G1/1303

- Agreement for Sale and Purchase

1.1.11 Lot 102

DP 7201

CT B4/820

- Agreement for Sale and Purchase

1.1.12 Lot 55

DP 13692

CT V3/674

- Agreement for Sale and Purchase

- Transfer

1.1.13 Lot 24

DP 10513

CT HBC2/637

- Agreement for Sale and Purchase

1.1.14 Lot 53

DP 4488

CT H355/177

- Agreement for Sale and Purchase

1.1.15 Lot 120

DP 13111

CT HBE3/560

- Agreement for Sale and Purchase

1.1.16 Lot 102

DP 7201

CT HB44/820

- Agreement for Sale and Purchase

1.1.17 Lot 58

DP 11604

CT HBC2/568

- Agreement for Sale and Purchase

1.1.18 Lot 1

DP14400

CT HBG1/1303

- Agreement for Sale and Purchase

1.1.19 Lot 33

DP 14227

CT G1/28

- Agreement for Sale and Purchase

1.1.20 Lot 23

DP 14228

CT G1/45

- Agreement for Sale and Purchase

- Transfer

1.1.21 Lot 9

DP 14228

CT B1/42

- Agreement for Sale and Purchase

- Transfer

1.1.22 Lot 29

DP 14227

CT G1/27

- Agreement for Sale and Purchase

- Transfer

1.1.23 Lot 343

DP 8803

CT D4/1376

- Agreement for Sale and Purchase

- Transfer

1.1.24 Lot 275

DP 10775

CT B2/876

- Agreement for Sale and Purchase

- Transfer

1.1.25 Lot 260

DP 7074

CT C4/332

- Agreement for Sale and Purchase

- Transfer

1.1.26 Lot 2

DP 10780

CT C2/350

- Agreement for Sale and Purchase

3967

3968

3969

3970

3971

3972

3973

3974

3975

3976

3977

3978

3987

3996

3988

3989

3990

3991

3992

3993

3997

3998

3999

4000

4001

4002

4003

4004

4005

4006

4009

4007

4008

4010

20 June 2016

27 June 2016

29 June 2016

1 July 2016

5 July 2016

8 July 2016

3 August 2016

14 July 2016

19 July 2016

20 July 2016

27 July 2016

3 August 2016

5 August 2016

9 August 2016

15 August 2016

18 August 2016

22 August 2016

18 August 2016

23 August 2016

1.2

Staff Warrants

1.2.1 T. Norris

C. Drury

E. Petuha

G. Shirras

L. Tinker

R. O’Leary

P. Barrett

G. Rushworth

(Delegations under Resource Management Act 1991; and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174)

1.2.2 G. Rushworth

T. Norris

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

1.2.3 Martin Moore

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

1.2.4 Martin Moore

(Delegations under Section 177 of the Local Government Act 2002 (s.171 and 172))

3980

3981

3982

3983

3984

3985

3986

3979

3980

3994

3995

6 July 2016

6 July 3016

6 July 2016

27 July 2016

RC33/16

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.

Scott/Pipe

CARRIED

Setting of Rates for the 2016-17 Financial Year

Mr Paul Drury provided an overview of the formal process for Council to set the rates in accordance with the Funding Impact Statement each year.

In response to a query, Mr Drury and Mrs Lambert advised that HB LASS is exploring opportunities to consolidate the provision of legal advice in relation to operational matters such as the setting of rates.

The rationale for the 30% maximum stated in legislation for Uniform Annual General Charges was explained as being that these are considered a ‘regressive’ way of levying rates that has a high impact on low income ratepayers.

It was confirmed that clarity in relation to the proportion of rates subsidised by investment income (i.e. HBRIC and PONL) is stated on each individual Rates notice and it was suggested that this information be provided to Councillors via the rates setting paper each year.

RC34/16

Resolutions

That Council:

1. Agrees that the decisions to be made on the setting and assessing of rates cover information in the Funding Impact Statement for the 2016-17 year which was included in the LTP 2015-25 and the Annual Plan 2016-17 as required by Section 95 of the Local Government Act 2002. These decisions require special consultative procedures under Section 83 of the Act, such special consultative procedure having been previously carried out on the 2016-17 year which was included in the LTP 2015-25 and the Annual Plan 2016-17.

2. Resolves the setting of rates for the 2016-17 financial year and sets the following rates under the Local Government (Rating) Act 2002, on rating units in the region for the financial year commencing on 1 July 2016 and ending on 30 June 2017. These rates are set in accordance with the relevant provisions of the Long Term Plan 2015-25 and Funding Impact Statement for the financial year included in the Annual Plan 2016-17.

2.1. A general rate is set under sections 13 and 131 of the Local Government (Rating) Act 2002 on land value as set out following.

2.2. A uniform annual general charge is set per separately used or inhabited part of a rating unit under section 15(1)(b) of the Local Government Rating Act 2002 as set out following.

2.3. The following differential targeted rates are set under section 16 of the Local Government (Rating) Act 2002 as set out following.

2.4. The following uniform targeted rate is set under section 16 of the Local Government (Rating) Act 2002 as set out following.

3. Agrees that the due date for payment of rates as set by the Hawke’s Bay Regional Council for the financial year commencing 1 July 2016 and ending on 30 June 2017 be 1 October 2016.

4. Agrees that, under sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, a 10% penalty be applied to unpaid current rates as at 1 February 2017.

5. Agrees that the rates set for the financial year commencing on 1 July 2016 and ending on 30 June 2017 as set out, are inclusive of GST.

Dick/Scott

CARRIED

Financial Report for 12 Months Ended 30 June 2016
including Draft Annual Report 2015-16 Adoption for Audit

Mr Paul Drury introduced the item, outlining the purpose of the covering paper and attachments.

Queries and discussion traversed:

· Disaster recovery insurance levels and pending changes due to Central Government discussions reviewing the 60% cover and that once that is complete Council will undertake a complete review of the Disaster Reserve provisions

· CE-Chairman commentary in draft form and will be substantially updated prior to release of the final Annual Report

· Valuations of Council-owned land/buildings are carried out each year by Telfer Young, and in future those valuation analysis will be provided individually for transparency

· Value of Leasehold land in Wellington ($14M up 20%) and freeholding of leasehold land in Napier ($36M up 6%)

· Review of carbon sequestered in forests to be carried out by the end of 2017, and l a carbon policy will be brought to Counci early in 2017 to adopt in relation to sales processes for Carbon

· Operations Group oversight and reporting to Council, including the need for a section 17A review

· Clarification of information in relation to Building Act costs, Regional Infrastructure assistance funding, specific non-financial narratives including solar hot water business case, the CE and Chairman’s introduction, Waimarama flood control scheme consultation with the community, Ngaruroro Water Conservation Oder and possible implications for the TANK plan change process, Upper Tukituki gravel extraction, Tutaekuri flood event, pest management, staff resource for responding to LGOIMA requests, as well as the Massey-HBRC memorandum of understanding.

RC35/16

Resolutions

That Council:

1. Confirms the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and Council can exercise its discretion under Section 79(1)(a) of the Local Government Act 2002 and make decisions on those issues without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

2. Adopts the Draft Annual Report for the period 1 July 2015 to 30 June 2016, subject to any adjustments required by Council, for the purposes of audit, with a view to Council adopting the final report at its meeting on 28 September 2016.

3. Resolves that $210,000 profit on external work undertaken by Council's Operations Group during the year ended 30 June 2016 be transferred to Council’s cash operating balances available to fund general funded operating expenditure.

Pipe/Scott

CARRIED

10.

Recommendations from the Regional Planning Committee

Mr Maxwell advised that due to the quorum being lost, recommendations in relation to “Working Toward Tukituki Plan Change 6 Implementation” were not considered by the RPC and have been brought forward directly to Council.

Mr James Palmer advised that the RPC’s annual activity report has been produced as a video, which will be adopted in its final form at the September meeting of the Committee.

RC36/16

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 decisions.

Greater Heretaunga, Tukituki and Coastal SOE Water Quality and Ecology Reports

2. Approves the following reports for publication and release:

2.1. State of the Hawke’s Bay Coastal Environment: 2008 – 2013

2.2. Ngaruroro, Tutaekuri, Karamu and Ahuriri Estuary Catchments – State and Trends of River Water Quality and Ecology 2004-2013

2.3. Tukituki River Catchment – State and Trends of River Water Quality and Ecology 2004-2013.

Reports Received

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

3.1. Regional Planning Committee 2015-16 Annual Activity Report

3.2. Greater Heretaunga Plan Change (TANK) Iwi Engagement Plan update

3.3. Statement of Principles Regarding Potential Oil and Gas Development in Hawke’s Bay

3.4. Working Toward Tukituki Plan Change 6 Implementation

3.5. Tukituki Implementation Delivery

3.6. Update on the Clifton to Tangoio Coastal Hazards Strategy

3.7. August 2016 Resource Management Planning Project Update

3.8. May - July 2016 Statutory Advocacy Update.

Dick/Pipe

CARRIED

11.

Recommendations from the Maori Committee

Mr Mike Mohi, Chairman of the Maori Committee, provided commentary in relation to the meeting and discussions including the recommendations in relation to the future composition of the Committee and thanks to Mr Viv Moule for his contributions to the Committee over the last 15 or so years.

RC37/16

Resolutions

That Council:

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

Representation Nominations and Committee Membership

2. Supports the Maori Committee decision for one of the HBRC Maori Committee representatives to attend the meetings of the Wairoa District Council Maori Committee.

3. Supports the Maori Committee decision that each rohe will decide the composition of its representation on the next HBRC Maori Committee.

4. Supports the Maori Committee decision to have the next HBRC Maori Committee consider an appropriate protocol for any other Council’s Maori Committee or Marae group to become actively involved in meetings of HBRC Maori Committee.

Reports Received

5. Notes that the following reports were provided to the Maori Committee meeting.

5.1. Working Toward Tukituki Plan Change 6 Implementation

5.2. Greater Heretaunga, Tukituki and Coastal State of the Environment Water Quality and Ecology Reports

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

5.4. Statutory Advocacy Update.

Scott/Graham

CARRIED

The meeting adjourned at 10.27am and reconvened at 10.45am

12.

Recommendations from the Corporate and Strategic Committee

Councillor Hewitt, as Chairman of the Corporate and Strategic Committee, introduced the item, highlighting the discussion around the Regional Economic Development Strategy.

Discussion traversed:

· Recommendations in relation to committee structure to the incoming council in relation to Maori Committee and the Finance, Audit & Risk Sub-committee

· Attached version of Matariki is the updated version which includes SH2 and broadband initiatives as required by councillors

· The rocket tourism scoping report and possible opportunities for tourism around the Mahia Peninsula launches

· The roles of NZTA and the Regional Transport Committee in relation to impacts of roading projects to economic development in the region

RC38/16

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.

Rocket Tourism In Wairoa

2. Approves the Group Manager Strategic Development contributing up to $20,000 to fund further market research on Rocket Tourism and related-infrastructure challenges and opportunities, from the Economic Development consultancy budget.

Hewitt/Scott

CARRIED

Elected Representatives Register of Interests Policy

3. Adopts the Policy on Register of Interests for Elected Members (attached).

Code of Conduct for Elected Representatives Review

4. Recommends the adoption of the Code of Conduct (adopted by Council on 30 July 2014) by the incoming Council for the 2016-19 triennium, subject to any changes made to enhance the effectiveness of the Code through the development of effective sanctions for breaches.

Hewitt/Scott

CARRIED

Proposed Governance Structure Recommendation to the Incoming Council for the 2016-19 Triennium

5. Notes to the incoming Council that the Regional Planning Committee, the Regional Transport Committee and the Civil Defence Emergency Management Group Joint Committee are all required by statute and their establishment is not subject to a decision of Council.

Hewitt/Scott

CARRIED

6. Requests staff provide a report with recommendations on the future role of the Māori Committee for consideration at the 28 September 2016 Council meeting.

Hewitt/Scott

CARRIED

7. Recommends to the incoming Council that the current Committee Structure be retained, with the exception of the Finance, Audit and Risk Sub-committee being established as a Committee reporting directly to Council.

Hewitt/Scott

CARRIED

Regional Economic Development Strategy and Action Plan: Matariki

8. Notes the role of the Land Transport Strategy in deciding the priorities for roading development and draws this to the attention of the REDS Governance Group

9. Requires the REDS strategy to include the rollout of Rural broadband as originally agreed in the earlier version of the Strategy.

10. Endorses the “Regional Economic Development Strategy and Action Plan: Matariki” which includes the additional elements of rural broadband and the State Highway 2 Upgrade but requests the correction of the lead agency in Table 4 to Regional Transport Committee.

Hewitt/Scott

CARRIED

Reports Received

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

11.1. Napier Port Presentation of 2015-16 Year End Results

11.2. August 2016 Public Transport Update

11.3. Human Resources 2015-16 Annual Report

11.4. Regional Economic Development Strategy and Action Plan: Matariki.

Hewitt/Scott

CARRIED

13.

Recommendations from the Environment and Services Committee

Councillor Graham, as Environment and Services Committee Chairman, introduced the item, highlighting a presentation by the Maraetotara Tree Trust.

RC39/16

Resolutions

That Council:

Regional Pest Management Plan Process, Timelines and Key Issues

2. Endorses HBRC staff taking a proactive role in exploring how HBRC and the Hawke’s Bay region can assist central government in achieving their predator free NZ 2050 vision, and specifically consider how HBRC is able to determine the feasibility of wide scale control of predators through inclusion of the concept and appropriate incentives and regulations into the proposed Regional Pest Management Plan for consultation with the community.

3. Endorses the further consideration of the inclusion of changes to Chilean Needle grass, privet and feral goats; and the potential inclusion of bees and apiary management, wasps, marine biosecurity and regional coordination for the horticulture sector into the proposed Regional Pest Management Plan through informal stakeholder engagement.

4. Endorses the proposed approach and timeline for the Regional Pest Management Plan review, including the establishment of a Biosecurity Working Party, made up of 2 or 3 elected members and an equal number of representatives from tangata whenua, as a subcommittee of the Environment and Services Committee.

Land Management 2016-17 Operational Plan

5. Endorses the Land Management Team Operational Plan for the 2016-17 financial year (provided to Councillors with the E&S Agenda).

Reports Received

6. Notes that the following reports were provided to the Environment and Services Committee:

6.1. Verbal update on the Havelock North water contamination situation

6.2. Flood and Drainage Schemes 2015-16 Annual Report, including River Asset Audits

6.3. Upper Tukituki Scheme Review

6.4. Presentation by the Maraetotara Tree Trust

6.5. Regional Biodiversity Strategy Implementation

6.6. CHBDC Otane Wastewater Resource Consent Application Update

6.7. The Role of HBRC's Harbourmaster

6.8. Client Services 2015-16 Annual Report and 2016-17 Operational Plan

6.9. Science 2015-16 Annual Report and 2016-17 Operational Plan

6.10. Resource Use/Consents 2015-16 Annual Report and 2016-17 Operational Plan.

6.11. Verbal Update on PanPac

Graham/Beaven

CARRIED

14.

Scope for Environmental Flows Investigation Request for Proposal

Mr Maxwell outlined the criteria for the RFP which has been amended to include elements requested by councillors, and clearly states the baseline of PC6 policies and RWSS resource consent conditions being in force and complied with as the starting place for proposals. Discussions traversed:

· Basic justification for the need for any additional water given that RWSS conditions require specific flows at the dam base to augment minimum and the managed 4 M m3 environmental flows

· Dollar value of the water purchased from the RWSS over 35 years and the impact on the dividend

· Further public consultation depending on Council’s November decision.

RC40/16

Resolutions

That Council:

1. Receives and notes the “Scope for Environmental Flows Investigations Request for Proposal“ 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. Provides feedback on the proposed scope of works to be incorporated into any Request for Proposal document.

4. Agrees that the following points be added to a scope of works to be included within any Request for Proposal:

4.1. Any proposal submitted assumes that the baseline is that the required actions stipulated in Change 6 for the Tukituki Catchment are in place and are achieving the anticipated policy results including water quantity allocations and limits and water quality limits and targets; and that all of the relevant conditions of consent for the RWSS are fully complied with.

4.2. Any proposal considers, reviews and provides guidance on other programmes of work or projects that could be achieved and the benefits (environmental/social/cultural and economic) they would bring using the dollar value of the water purchased by HBRC over the life of the consent (35 years). These programmes of work or projects could be applied regionally, at a catchment or sub-catchment scale.

4.3. Any proposal investigates the benefits of the proposed purchase of water by HBRC over and above the water required by the resource consent conditions of the RWSS; specifically the environmental flows to be released to maintain the enhanced minimum flows required by Plan Change 6.

Dick/Wilson

CARRIED

15.

Working Toward Tukituki Plan Change 6 Implementation

Mr Maxwell introduced the item, advising that a presentation was provided to the Regional Planning Committee on 3 August and offered the opportunity for councillors to ask any questions they had been unable to ask at that meeting.

Queries and discussions traversed:

· the resources required across the region, including council staff resources, to implement the requirements of Plan Change 6

· this report will build onto the discussion to be had through the Long Term Plan process

· resources required in relation to the Tamatea agreement

RC41/16

Resolutions

That Council:

1. Receives and notes the report titled ‘Working Towards Tukituki Plan Change Implementation’ as previously provided to Councillors with the Regional Planning Committee 3 August 2016 Agenda.

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 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.

3. Subject to the inclusion of any changes agreed at today’s meeting, adopts the report titled ‘Working Towards Tukituki Plan Change Implementation’.

Graham/Barker

CARRIED

16.

Purchase of Waipatiki Holiday Park

Mr Mike Adye introduced the item, which updates Council on progress with the potential purchase of the holiday park in accordance with Council’s annual plan decision to invest $300,000 to joint purchase with Hastings District and Napier City councils and outlined the associated terms and conditions of the purchase.

Discussions traversed:

· HBRC will be “the owner”

· HDC will be responsible for wastewater systems

· Operational and legislative requirements relating to campgrounds and leases associated with them

· Building inspections and warrants of fitness

· Rationale for purchase is to secure Public access

RC42/16

Resolutions

That Council:

2. Agrees to be the owner of the Waipatiki Holiday Park, and once vested in Council that a report and resolution is prepared to Council to seek to declare the land to be a reserve held by Council as a Recreation Reserve subject to the provisions of the Reserves Act 1977.

3. Delegates authority to the interim Chief Executive to:

3.1. Finalise the sale and purchase agreement for the land and the holiday park.

3.2. Enter into a binding Heads of Agreement with Hastings District Council setting out respective roles and responsibilities of the two Councils with regard to the ongoing administration, management and possible improvement of the Holiday Park facilities.

Graham/Barker

CARRIED

The meeting adjourned at 12.30pm and reconvened at 1.00pm

17.

HBRIC Ltd July-August 2016 Update

Dr Andy Pearce, HBRIC Ltd Board Chairman, introduced the item advising that negotiations are progressing with the co-investor.

Dr Pearce advised that HBRIC made a submission to the Local Government Amendment Act in relation to the introduction of a new class of council controlled organisations called Substantive CCOs (infrastructure services providers and trading organisations) and lack of clarity around the associated definition, where HBRIC would be classified, and the ability of Councillors/Council to direct the CCO to change its Statement of Intent.

The decision on the Forest and Bird appeal to the Court of Appeals on the land swap has been released and directs the Director General of DoC to reconsider the revocation step of the process to revoke the Conservation status of the land in question, which was one of the three steps taken in the process of making the decision.

Design & Construct process allocates risks to different parties, and a detailed assessment of all of the parties assets is being undertaken to confirm that those parties are ‘capable’ of covering should an event occur

HBRIC not actively selling, however updated volume of water contracted to date is 45.6 million m³

In relation to expenditure, Other Consultants & Miscellaneous costs are mostly associated with payments for financial advisory.

In relation to director appointments to Ruataniwha Water General Partnership, Dr Pearce advised that there are recognised, highly qualified candidates from outside the HB region being discussed with the co-investors already.

RC43/16

Resolution

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

Wilson/Dick

Cr Belford moved an amendment, seconded by Cr Barker, to include an additional recommendation; being:

2. Before proceeding with further action, HBRIC Ltd present for Council approval, any plan to appeal or otherwise seek to secure the Ruahine Forest Park land.

Belford/Barker

For: Graham, Beaven, Barker, Belford

Against: Dick, Hewitt, Scott, Pipe, Wilson

LOST

The amendment was LOST and therefore the substantive motion put:

That Council receives and takes note of the “HBRIC Ltd July-August 2016 Update” report.

Wilson/Dick

CARRIED

18.

Monthly Work Plan Through September 2016

Discussions traversed:

· Tutira Mai nga iwi project leader appointment

· Wind damage at Pakowhai Regional Park from 6 August storm

· Panpac resource consent appeal was heard in the Environment Court and parties have been directed to provide final submissions

· Whakatu Woolscour consent decision has been issued for a period expiring at the end of 2017.

· Residential development of Iona triangle

· Majority of Science focus is providing information to feed into the TANK process

RC44/16

Resolution

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

Dick/Graham

CARRIED

19.

Minor Items Not on the Agenda

Item	Topic	Councillor / Staff
1.	Stock and effluent in the Tukituki & Ngaruroro Has been provided photographs of feedlots and stock in rivers taken by David Parker	Cr Graham
2.	Questions from community meeting in Havelock North Has been provided with a list of questions from members of the community and will provide those to Mr Maxwell for response	Cr Graham
3.	Update on Havelock North water contamination Presentation given to community meetings, modified slightly to show Councillors Diagram of the features of water supply bores and how those work was shown and explained In the case of the Havelock North bores, potential pathways for contamination have been identified and now what’s being done is to follow those pathways to test to determine where the contaminated faeces originated from Testing first for Escherichia coli (E. coli) – an indicator of faecal contamination, and if present, then test for Campylobacter and if that’s positive then identify type (avian/human/ruminant) Key messages: 1. contamination unlikely to be from Tukituki confirmed by test results (E. coli is typical of monthly values, suitable for swimming); 2. no e-coli present in any of the surrounding bores; 3. high e-coli in surface water in the surrounding area (Te Mata Mushrooms drainage network & Mangateretere Stream to east of bore field). Campylobacter unlikely to survive travel over distance so source is most likely near the contaminated bore(s) – focus of current investigations to determine the source of the contamination are around possible connections between surface water and groundwater in: 1. Mangateretere Stream; 2. paddocks around the water supply bores and 3. chambers containing the water supply pipes and systems. HDC and GNS evidence that Mangateretere Stream is hydraulically linked to the Brookfield bores, and work is underway to move the water supply bore field elsewhere HBRC staff have a specific job code to charge their time spent on the investigations and external expenditure being tracked to enable provision of budget implications to Council at the September meeting. Focus of HBRC investigations is on determining the source and cause of the contamination in order to prevent this happening in future.	Dr Swabey
Councillor Dick was excused at 2.15pm
3	In relation to the HBRC investigation advised to HDC on 25 August, and subsequently advised to councillors, Mrs Lambert advised that Office of the Auditor General rulings are clear that any decisions about regulatory enforcement actions must be kept clear from political influence. HBRC is required to investigate potential breaches of consent conditions and has responsibilities under the RMA and any information that is relevant to the Government investigation will be fed into that process as well. Visibility of HBRC staff not evident to public, however staff have been working with the DHB & HDC since first learning of the issue and the CE offering assistance. Staff are working together while maintaining separation of responsibilities (RMA, Health Act) in line with benchmarks provided internationally from the Canadian Walkerton enquiry key recommendation that “local authorities with responsibilities for different parts of the regulatory framework including overseeing one another worked too closely together and did not keep due separation in their responsibilities”. The government investigation will scrutinise HBRC’s actions in response to the situation and whether it carried out its responsibilities appropriately. Finger pointing blame has been through the media, not within or between HDC, HBRC and the DHB. Data collected to date confirms that the source of contamination is not the Tukituki or dairy farming.	continued
4	Stock on feedlots and stock in waterways More and more livestock being held on feedlots and concerns around associated effluent discharges very close to waterways. Concerns about effluent outflows. Seeking advice about how HBRC manages such activities and whether operation of feedlots is notifiable. Issue of stock in waterways is of concern and needs to be addressed and suggestion that progress on fencing waterways be encouraged ahead of the PC6 deadlines	Cr Barker
5	Energy futures meeting Stakeholder meeting held recently to discuss how to develop a Strategy for the region and agreed next step for participating parties to identify what they are currently doing in the energy arena to address or fall within themes (affordability, resilience, lowering environmental footprint, energy efficiency, cultural interests), with interest in moving beyond that to identifying opportunities to do things better in those areas.	Cr Belford
6	Coastal Hazards Joint Committee meeting The Joint Committee met earlier in the week and held an information session for all councillors in the region, which was unfortunately not well attended. step 1 = identify the hazards and what might be at risk step 2 = create a framework to develop a response, which has arrived at decision to split the coastline into 2 cells, being Port North and Port South A proposed funding model has been developed and will be presented to new councils for adoption	Cr Beaven

20.

Confirmation of Minutes of the Public Excluded Regional Council meeting held on 8 July 2016

RC45/16

Resolution

That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 20 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Confirmation of Public Excluded Meeting held on 29 June 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.
HBRIC Ltd Report on RWSS Conditions Precedent – Confidential Documents	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.
Deloitte RWSS Business Case Peer Review – Confidential Information	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.

Pipe/Scott

CARRIED

21.

Chief Executive Appointment Process Update

RC46/16

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 21 Chief Executive Appointment Process Update 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
Chief Executive Appointment Process Update	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.

Pipe/Scott

CARRIED

22.

Appointment to Ruataniwha Water General Partnership

RC47/16

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 22 Appointment to Ruataniwha Water General Partnership 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
Appointment to Ruataniwha Water General Partnership	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.

Pipe/Scott

CARRIED

The meeting went into public excluded session at 2.40pm and out of public excluded session at 3.15pm

Closure:

There being no further business the Chairman declared the meeting closed at 3.15pm on Wednesday 31 August 2016.

Signed as a true and correct record.

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