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Recommendations
1. That Council receives and notes the “Proposed Governance
Structure for the 2016-19 Triennium”.
2. Establishes the following committee structure and adopts the Terms
of Reference, membership, meeting frequency and Council Executive responsible
for each committee as detailed following.
3. Regional Transport Committee (RTC)
Councillor Kirton nominated Councillor Alan Dick to the role of Regional Transport
Committee Chairperson, seconded by Councillor Bailey. There being no further
nominations, Councillor Dick was elected unopposed.
3.1 Elects Councillor Alan Dick as Chairman of the Regional Transport
Committee
Kirton/Bailey
CARRIED
Councillor Dick nominated Councillor Fenton Wilson to the role of Regional Transport
Committee Deputy Chairperson, seconded by Councillor Hewitt. There being no
further nominations, Councillor Wilson was elected unopposed.
3.2 Elects
Councillor Fenton Wilson as Deputy Chairman of the Regional Transport
Committee
Dick/Hewitt
CARRIED
3.3 Terms of Reference being:
Regional Transport Committee
Terms of Reference
(adopted by
resolution of Council 9 November 2016)
1. Prepare the Regional Land Transport Plan (RLTP) for approval by
the Regional Council, in accordance with the Land Transport Management Act 2003.
2. Prepare the Regional Public Transport Plan (RPTP) for approval by
the Regional Council, in accordance with the Land Transport Management Act 2003.
3. Monitor the implementation of the Regional Land Transport Plan and
the Regional Public Transport Plan.
4. Advocate to Government on transport issues of concern to the
region.
5. Undertake governance of RoadSafe Hawke’s Bay.
6. Monitor passenger transport objectives and make recommendations to
the Regional Council on public transport policies.
7.
Provide the Regional Council with any advice
and assistance it may request in relation to its transport responsibilities.
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Members
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a. Voting Members
Two elected
members of the Regional Council
One
representative, as appointed by Council, from each of the following
organisations (which are able to propose short term replacements to the
Committee if they are unable to attend any meeting).
Wairoa District
Council
Hastings District
Council
Napier City Council
Central Hawke's Bay
District Council
New Zealand
Transport Agency
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b. Advisory Nominees (non- voting)
New Zealand Police – representing
road safety
Automobile Association (AA) –
representing access and mobility, including private motorists, pedestrians,
cyclists and public transport users
Port of Napier – representing the
Port and coastal shipping
KiwiRail – representing rail
issues
Road Transport Association NZ – representing
the road transport industry
Cultural interests representative, also
representing environmental issues
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Chairman
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One Regional Council elected member,
being: Councillor Alan Dick
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Deputy Chairman
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One Regional
Council elected member, being: Councillor Fenton Wilson
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Quorum
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A quorum of
the Regional Transport Committee shall be four voting members
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Voting
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In accordance
with section 105(7) of the Land Transport Management Act 2003, at any
meeting of the RTC, the Chairman, or any other legislated person presiding
at the meeting:
(a) has a
deliberative vote; and
(b) in the case of an
equality of votes, does not have a casting vote (and therefore the act or
question is defeated and the status quo is preserved).
Regional
Council, Territorial Authority and NZ Transport Agency representative
members have full speaking and voting rights on all matters
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Advisory Members
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Advisory members are non-voting nominees.
The role of advisory members is to:
Provide advice to
the Regional Transport Committee on matters pertaining to their advisory
portfolios, when requested by the Committee Chairman
Report on relevant
activities or events pertaining to their advisory portfolios.
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Meeting Frequency
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Three monthly, or as required
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Staff Executive
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Transport Manager
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Technical
Advisory Group (TAG)
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The Transport Committee considers
advice relating to strategic transport issues from a Technical Advisory
Group (TAG), generally comprising roading and infrastructural planning
officers from NZTA and the Territorial Authorities, and is chaired by the
HBRC Transport Manager. TAG members attend but do not vote at the Regional
Transport Committee meetings. TAG members may provide advice at meetings
when invited to do so by the Committee Chairman
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Dick/Barker
CARRIED
4. Environment and Services Committee
Councillor Graham nominated Councillor Tom Belford to the role of
Chairperson of the Environment and Services Committee, seconded by Councillor
Barker. There being no further nominations, Councillor
Tom Belford was elected unopposed.
4.1 Elects Councillor Tom Belford as Chairman of the Environment and
Services Committee.
Graham/Barker
CARRIED
Councillor Belford nominated Councillor Peter Beaven to the role
of Deputy Chairperson of the Environment and Services Committee, seconded by
Councillor Kirton. There being no further
nominations, Councillor Peter Beaven was elected unopposed.
4.2 Elects
Councillor Peter Beaven as
Deputy Chairman of the Environment & Services Committee.
Belford/Kirton
CARRIED
4.3 Terms of Reference being:
Environment
and Services Committee
Terms
of Reference
(adopted
9 November 2016)
1)
Policy
1.1
To consider and recommend to Council policies
with regard to Council responsibilities or involvement with land drainage and
river control under the Local Government Act 2002, Land Drainage and Rivers
Control Act 1954 and Land Drainage Act 1908
1.2
To consider and recommend to Council policies
with regard to Council’s responsibilities for biosecurity under the
Local Government Act 2001 and the Biosecurity Act 1993.
1.3
To consider and recommend to Council
strategies, policies and by-laws and compliance and enforcement programs
relating to maritime and navigational safety under the Maritime Transport
Act.
2)
Environmental
Monitoring and Research
2.1
To consider and recommend to Council
environmental monitoring strategies and research and investigation
programmes, including the State of the Environment Reports.
2.2
To consider technical reports on the findings
of research and investigations into the impact of activities and recommend to
Council the development of new policy frameworks based around such
information.
3)
Implementation
3.1
To periodically review the effectiveness of
Council's work programmes within the ambit of the Committee and make
recommendations to Council for any changes.
3.2
To recommend to Council management plans or
any similar such documents for the effective implementation of these
programmes of Council.
3.3
To assist staff, where appropriate, in
identifying a preferred option and funding mechanism for Council
consideration for any biosecurity initiative or infrastructure asset
construction or improvement work and in promoting the preferred option to the
beneficiaries.
3.4
To consider and recommend to Council all other
policy implementation issues of Council.
4)
Compliance and
enforcement
4.1
To consider reports on the effectiveness of
Council’s compliance monitoring and enforcement activities, and to
recommend to Council the response to issues arising from such reports.
5)
Financial
Authority
5.1
To recommend to Council, consideration of
possible financial implications of specific initiatives.
6)
Advocacy and
Liaison
6.1
To receive reports and liaise with Territorial
Authorities on any issues dealt with through the Environment and Services
Committee, as necessary.
6.2
To assist with the coordination of services
between the Regional Council, other relevant local authorities and other
entities/groups.
7)
Statutory
Process
7.1
To consider and authorise the lodging of an
appeal or referral to the Environment Court against a decision of a
territorial authority or an application or designation or proposed plan or
plan change or variation on which the Regional Council had lodged a formal
submission.
8)
Use of
Delegated Powers for the Environment and Services Committee
This committee may, without
confirmation by the local authority that made the delegations, exercise or
perform them in the like manner and with the same effect as the local
authority could itself have exercised or performed them, provided that the
decision deserves urgency and the decision to make the resolution a decision
of Council is carried unanimously.
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Members:
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·
All
Councillors being: Alan Dick, Debbie Hewitt, Fenton Wilson, Neil
Kirton, Paul Bailey, Peter Beaven, Rex Graham, Rick Barker and Tom Belford
·
Two
appointed members of the Maori Committee being:
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Chairman:
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A member of the Committee as elected by the
Council being: Councillor Tom Belford
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Deputy
Chairman:
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Meeting
Frequency:
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Staff
Executive:
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Group Manager
Resource Management
Group Manager
Asset Management
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5. Biosecurity Working Party (as a sub-committee of the Environment
and Services Committee)
5.1 Terms of Reference to be developed and confirmed by the Environment
and Services Committee
5.2 Councillor representatives on the Biosecurity Working Party to be
elected by the Environment and Services Committee
Hewitt/Graham
CARRIED
6. Hearings Committee
6.1 Terms of Reference being:
Hearings Committee
Terms of Reference
(adopted 9
November 2016)
1.
Pursuant to Section 34(1) of the Resource
Management Act (RMA) the Hawke's Bay Regional Council delegates the following
functions, powers and/or duties under the RMA:
1.1. To hear and make decisions on applications arising out of the
Council's regulatory responsibilities on:
1.1.1.
notified applications where submissions have
been made and submitters wish to be heard;
1.1.2.
reviews of conditions (s.128) where consent
holder and/or submitters wish to be heard;
1.1.3.
notified applications where submissions have been
made and where the Committee considers it necessary to hold a hearing;
1.1.4.
objections to decisions made under delegated
authority by staff, where they wish to be heard (s.357);
1.1.5.
where the staff recommendation is to decline
any application for reasons other than inadequate information;
1.2. To determine other related discretionary process matters that may
be associated with a hearing such as waivers of time, as appropriate under
the Resource Management Act 1991.
1.3. To hear and make decisions on objections against costs under
Section 36(6) of the Act and objections to the levying of Financial
Contributions under Section 108 of the Act.
1.4. To hear and make decisions on lapsing of consents under Section
125 of the Act where a decision of an officer acting under delegated authority
is subject to an objection.
1.5. The appointment of Hearings Committee members or independent
commissioners to a Hearing Panel to undertake the functions set out above in
1.1 to 1.4 pursuant to s 34A RMA and the appointment of the Chairperson of
the Hearing Panel.
2.
Pursuant to section 82 of the Biosecurity Act
(BA) the Hawke’s Bay Regional Council delegates the following
functions, powers and/or duties under the BA:
2.1. To hear and make decisions on submissions received on any
statutory documents prepared by Council which have been subject to a formal
submission process under the Biosecurity Act.
2.2. To authorise the resolution and settlement of appeals and
references through formal hearings or mediation before the Environment Court
or any other judicial body which relate to the preparation of any statutory
documents prepared under the Biosecurity Act by the Council and to either
generally or from time to time delegate to officers the authority to resolve
and settle appeals and references through formal mediation.
3.
The Hawke’s Bay Regional Council
delegates to the Hearings Committee Chairperson and Council Chairperson, the
ability to appoint Hearings Committee members or Independent Commissioners to
a Hearing Panel to undertake the functions set out above in 1 and 2 above and
the appointment of the Chairperson of the Hearing Panel.
Members:
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Up to five elected “RMA Making Good
Decisions” accredited Members of Council; being: Councillors
Paul Bailey, Peter Beaven and Rick Barker
And up to four
“RMA Making Good Decisions” accredited members of the Maori
Committee as nominated by the Chairperson of the Maori Committee; being:
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Hearing
Panel Composition:
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The Hearing Panel sitting to make decisions
relating to 1. and 2. above
shall comprise any combination of:
The Chairperson sitting alone
Up to three members of the Hearings
Committee
Up to five accredited Commissioners
If considered advisable in any
particular case by the Chairman of the Hearings Committee, a member of the
Council’s Maori Committee.
Also, when appropriate, the Chairman of
the Standing Committee when hearings directly relate to policy originating
from that Committee.
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The
Hearing Panel Chairperson has a Casting vote.
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Chairman:
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An “RMA Making Good Decisions”
Accredited member of the Committee as elected by the Council being: Peter
Beaven
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Deputy
Chairperson:
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A member of the Committee as elected by the
Council being: Paul Bailey
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Meeting
Frequency:
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As is
required
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Quorum:
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The
Chairman of the Hearings Committee plus one other member of the Hearings
Committee or the Chairman of the Regional Council
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Staff
Executive:
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Group
Manager Resource Management and Group Manager Asset Management
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Qualifications:
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In
accordance with s39B all persons appointed to a Hearing Panel shall be
accredited, except that where there is a group, and over half of all the
persons in the group are accredited and there are exceptional circumstances
that do not provide the time or opportunity to ensure that all persons in
the group are accredited.
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Belford/Kirton
CARRIED
Councillor
Graham nominated Councillor Beaven to the role of Chairman of the Hearings
Committee, seconded by Councillor Barker. Councillor Hewitt nominated
Councillor Barker for Chairman of the Hearings Committee, seconded by
Councillor Wilson – Councillor Barker declined. There being no further
nominations, Councillor Beaven was elected unopposed.
6.2 Elects Councillor Peter Beaven as Chairman of the Hearings
Committee.
Graham/Barker
CARRIED
Councillor
Beaven nominated Councillor Paul Bailey to the role of Deputy Chairman of the
Hearings Committee, seconded by Councillor Belford. There being no further
nominations, Councillor Bailey was elected unopposed.
6.3 Elects Councillor Paul Bailey as Deputy Chairman of the Hearings
Committee.
Beaven/Belford
CARRIED
Councillor
Wilson nominated Councillor Barker to the role of member of the Hearings
Committee, seconded by Councillor Beaven.
6.4 Elects Councillor Rick Barker as a member of the Hearings Committee
Beaven/Belford
CARRIED
7. Corporate and Strategic Committee
Councillor Graham nominated Councillor Neil Kirton to the role of
Chairman, seconded by Councillor Wilson. There being no further nominations,
Councillor Kirton was elected unopposed.
7.1. Elects
Councillor Neil Kirton as Chairman of the Corporate and Strategic Committee.
Graham/Wilson
CARRIED
Councillor Kirton nominated Councillor Debbie Hewitt to the role
of Deputy Chair, seconded by Councillor Wilson. There being no further
nominations, Councillor Debbie Hewitt was elected unopposed.
7.2. Elects
Councillor Debbie Hewitt as Deputy Chairwoman of the Corporate and Strategic
Committee.
Kirton/Wilson
CARRIED
7.3 Terms of Reference being:
Corporate and Strategic Committee
Terms of Reference
(adopted 9 November 2016)
1.
Responsible for considering and recommending
to Council strategic planning initiatives including development of the
Council’s Strategic Plan and other strategic initiatives with external
stakeholders including District and City councils.
2.
To consider the resourcing implications of
strategic initiatives.
3.
To consider major financial matters arising
from other Committees’ recommendations.
4.
To consider and recommend to Council the
strategic direction for Council's investment portfolio.
5.
To consider and recommend to Council, where
appropriate, the sale or acquisition of Council investments.
6.
Use of Delegated Powers for the Corporate
and Strategic Committee – this committee
may, without confirmation by the local authority that made the delegations,
exercise or perform them in the like manner and with the same effect as the
local authority could itself have exercised or performed them, provided that
the decision deserves urgency and the decision to make the resolution a
decision of Council is carried unanimously.
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Members:
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All Councillors being: Alan Dick,
Debbie Hewitt, Fenton Wilson, Neil Kirton, Paul Bailey, Peter Beaven, Rex
Graham, Rick Barker and Tom Belford
Two appointed members of the Maori Committee
being:
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Chairman:
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A Councillor as elected by the Council
being: Councillor Neil Kirton
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Deputy Chairwoman:
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A Councillor as elected by the Council
being: Councillor Debbie Hewitt
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Meeting Frequency:
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Generally on the second Wednesday of every second
month
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Staff Executive:
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Chief Executive, Group Manager Strategic
Development, Group Manager Corporate Services and other staff as required.
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Kirton/Barker
CARRIED
8. Finance, Audit & Risk Sub-committee of Corporate and Strategic
Committee
Councillor Dick
nominated Councillor Neil Kirton to the role of Chairman of the Finance,
Audit and Risk Sub-committee, seconded by Councillor Hewitt. There being no
further nominations, Councillor Kirton was elected unopposed.
8.1 Elects Councillor Neil Kirton as Chairman of the Finance, Audit
and Risk Sub-committee.
Dick/Hewitt
CARRIED
8.2 Agrees
that Finance, Audit and Risk remains a sub-committee of the Corporate and
Strategic Committee, with the Terms of Reference, as amended, being:
Finance, Audit and Risk Sub-committee
Terms of Reference
Adopted by Council resolution 9 November
2016
a) Purpose
The purpose of the
Audit and Risk Sub-committee is to report to the Corporate and Strategic
Committee to fulfil its responsibilities for:
1.
The robustness of risk management systems,
processes and practices
2.
The provision of appropriate controls to
safeguard the Council’s financial and non-financial assets, the
integrity of internal and external reporting and accountability arrangement
3.
The independence and adequacy of internal and
external audit functions
4.
Compliance with applicable laws, regulations,
standards and best practice guidelines
5.
The review of Council’s revenue and
expenditure policies and the effectiveness of those policies.
b) Specific Responsibilities
The Audit and
Risk Sub-committee shall have responsibility and authority to:
1.
Consider the appropriateness of the
Council’s existing accounting policies and principles and any proposed
changes
2.
Enquire of internal and external auditors for
any information that affects the quality and clarity of the Council’s
financial statements and statements of service performance, and assess
whether appropriate action has been taken by management in response to this
3.
Satisfy itself that the financial statements
and statements of service performance are supported by adequate management
signoff and adequate internal controls and recommend adoption of the Annual
Report by Council
4.
Confirm that processes are in place to ensure
that financial information included in Council’s Annual Report is
consistent with the signed financial statements
5.
Review whether Council management has a
current and comprehensive risk management framework and associated procedures
for effective identification and management of the council’s
significant risks in place
6.
Undertake periodic monitoring of corporate
risk assessment, and the internal controls instituted in response to such
risks
7.
Undertake systematic reviews of Council
operational activities against Council stated performance
criteria to determine efficiency/effectiveness of delivery of Council
services
8.
Confirm the terms of appointment and
engagement of external auditors, including the nature and scope of the audit,
timetable, and fees
9.
Receive the external audit report(s) and
review actions to be taken by management on significant issues and audit
recommendations raised within the report(s)
10.
Conduct a sub-committee members-only session
with external audit to discuss any matters that the auditors wish to bring to
the Sub-committee’s attention and/or any issues of independence
11.
Review the effectiveness of the system for
monitoring the Council’s compliance with laws (including governance
legislation, regulations and associated government policies), Council’s
own standards, and best practice guidelines; including health and safety.
c) Membership
· Four
members of Council, being: Councillors Alan Dick, Neil Kirton, Paul Bailey
and Rick Barker
·
An external
appointee, being: David Benham
d) Chairman
A member of
the Committee as elected by the Council, being Councillor Neil Kirton
e) Meeting Frequency
The Committee
shall meet quarterly, or as required
j) Quorum
The quorum at
any meeting of the Committee shall be not less than 3 Councillor members of
the Committee.
k) Accountability
The Finance,
Audit and Risk Sub-committee is not delegated to make any decisions unless by specific delegation of Council.
l) Officers Responsible
·
Chief Executive
·
Group Manager Corporate Services
Dick/Barker
CARRIED
Councillors Rick Barker, Paul Bailey and Alan Dick were nominated
to be members of the Finance, Audit and Risk Sub-committee.
8.3 Elects Councillors Rick Barker, Paul Bailey and Alan Dick as Finance,
Audit and Risk Sub-committee members.
Graham/Wilson
CARRIED
8.4 Agrees
that confirmation of the Appointment of the Independent Member of the
Finance, Audit and Risk Sub-committee will be considered at the first meeting
of the Corporate and Strategic Committee.
Kirton/Barker
CARRIED
9. Hawke’s Bay Regional Planning Committee (RPC)
9.1 Agrees that the Terms of Reference for the Regional Planning
Committee, as amended to reflect the RPC Act and agreed by Tangata Whenua,
will be adopted by March 2017
Councillor Wilson nominated Councillor Rick Barker
to the role of Co-Deputy Chairman of the Regional Planning Committee,
seconded by Councillor Belford.
9.2 Elects Councillor Rick Barker as Deputy Co-Chairman of the
Regional Planning Committee.
Wilson/Belford
CARRIED
Councillor Hewitt nominated Chairman Rex Graham to
the role of Co-Chairman of the Regional Planning Committee, seconded by
Councillor Wilson.
9.2 Elects Councillor Rex Graham as Co-Chairman of the Regional
Planning Committee.
Hewitt/Wilson
CARRIED
10. Māori Committee
10.1. Agrees that the Terms of Reference will be confirmed by Council by
March 2017, including membership, as agreed by the Māori Committee.
Councillor Hewitt nominated councillor Fenton Wilson to the role
of Māori Committee
representative, seconded by Councillor Graham
Hewitt/Wilson
CARRIED
Councillor Hewitt nominated Councillor Graham to the role of Māori Committee representative, seconded
by Councillor Wilson
Hewitt/Wilson
CARRIED
Councillor Graham nominated Councillor Rick Barker to the role of
Māori Committee
representative, seconded by Councillor Wilson
Graham/Wilson
CARRIED
10.2. Elects Councillors Fenton Wilson, Rex Graham and Rick Barker as Council’s
representatives on the Māori Committee
10.3 Agrees to further discuss remuneration of Maori Committee
representatives
Graham/Hewitt
CARRIED
11. Tenders Committee
11.1. Terms of Reference being:
Tenders
Committee
Terms
of Reference
(adopted 9 November 2016)
1.
To consider and accept tenders which exceed
the delegated authority of the Chief Executive.
2.
To consider and decide on exemptions to
Council’s Contracts and Tenders policy.
3.
The quorum is a majority of members of the
Committee.
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Members:
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The Chairman of the Council
being: Rex Graham
The Deputy Chairman of the Council
being: Rick Barker
The Chairs of the Corporate &
Strategic and Environment & Services committees; being: Neil
Kirton (C&S) and Tom Belford (E&S)
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Chairman:
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Chairman of the Council being: Rex Graham
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Meeting Frequency:
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As required
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Staff Executive:
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Chief Executive
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11.2. Confirms
that the Committee membership is made up of Councillor Tom Belford as Chairman
of the Environment and Services Committee, Councillor Neil Kirton as Chairman
of the Corporate and Strategic Committee, the Deputy Chairman of Council, Rick
Barker, and Regional Council Chairman Rex Graham.
Belford/Bailey
CARRIED
12. Joint Civil Defence Emergency Management Committee
12.1. Agrees the Terms
of Reference will be confirmed at the first meeting of the Committee.
12.2. Confirms
Chairman Rex Graham as HBRC’s representative on the Committee, and
Deputy Chairman Rick Barker as alternate.
Bailey/Barker
CARRIED
13. Clifton to Tangoio Coastal Hazards Strategy Joint Committee
13.1. Confirms the
Terms of Reference adopted by the Joint Committee, being:
Terms of Reference for the Clifton to
Tangoio Coastal Hazards Strategy Joint Committee
As at 6 March 2015
Definitions
For the
purpose of these Terms of Reference:
•
“Act” means the Local Government Act 2002.
•
“Administering
Authority” means Hawke’s Bay Regional
Council.
•
“Coastal
Hazards Strategy” means the Coastal Hazards
Strategy for the Hawke Bay coast between Clifton and Tangoio[2].
•
“Council Member”
means an elected representative appointed by a Partner Council.
•
“Hazards” means natural hazards with the potential to affect the coast,
coastal communities and infrastructure over the next 100 years, including,
but not limited to, coastal erosion, storm surge, flooding or inundation of
land from the sea, and tsunami; and includes any change in these hazards as a
result of sea level rise.
•
“Joint
Committee” means the group known as the
Clifton to Tangoio Coastal Hazards Strategy Joint Committee set up to
recommend both draft and final strategies to each Partner Council.
•
“Member” in relation to the Joint Committee means each Council
Member and each Tangata Whenua Member.
•
“Partner
Council” means one of the following local
authorities: Hastings District Council, Napier City Council and Hawke’s
Bay Regional Council.
•
“Tangata
Whenua Appointer” means:
o The trustees of the Maugaharuru-Tangitu Trust, on behalf of the
Maugaharuru-Tangitu Hapu;
o Mana Ahuriri Incorporated, on behalf of Mana Ahuriri Hapu;
o He Toa Takitini, on behalf of the hapu
of Heretaunga and Tamatea.
•
“Tangata
Whenua Member” means a member of the Joint
Committee appointed by a Tangata Whenua Appointer
Name and status of Joint
Committee
2.1 The
Joint Committee shall be known as the Clifton to Tangoio Coastal Hazards Strategy
Joint Committee.
2.2 The
Joint Committee is a joint committee under clause 30(1)(b) of Schedule 7 of
the Act.
Partner Council
Members
3.1 Each
Partner Council shall appoint two Council Members and alternates to the Joint
Committee. If not appointed directly as Council Members, the Mayors of
Hastings District Council and Napier City Council and the Chairperson of
Hawke’s Bay Regional Council are ex officio Council Members.
3.2 Under
clause 30(9) Schedule 7 of the Act, the power to discharge any Council Member
on the Joint Committee and appoint his or her replacement shall be
exercisable only by the Partner Council that appointed the Member.
Tangata Whenua Members
4.1 Each Tangata Whenua Appointer may appoint one member to sit on the
Joint Committee.
4.2 Each Tangata Whenua Appointer must make any appointment and notify
all Tangata Whenua Appointers and Partner Councils in writing of the
appointment.
4.3 The
Tangata Whenua Members so appointed shall be entitled to vote.
4.4 Under clause 30(9) Schedule 7 of the Act, the power to discharge
any Tangata Whenua Member on the Joint Committee and appoint his or her
replacement shall be exercisable only by the Tangata Whenua Appointer that
appointed the Member.
Purpose of Terms of
Reference
5.1 The purpose of these Terms of Reference is to:
5.1.1 Define the responsibilities of the Joint
Committee as delegated by the Partner Councils under the Act.
5.1.2 Provide for the administrative
arrangements of the Coastal Hazards Strategy Joint Committee as detailed in
Appendix 2.
Meetings
6.1 Members, or their confirmed
alternates, will attend all Joint Committee meetings.
Delegated authority
7.1 The
Joint Committee has the responsibility delegated by the Partner Councils for:
•
Considering and recommending a draft strategy
to each of the Partner Councils for public notification;
•
Considering comments and submissions on
scenarios and the draft strategy and making appropriate recommendations to
the Partner Councils;
•
Considering and recommending a final strategy
to each of the Partner Councils for approval.
Powers not delegated
8.1 The following powers are not delegated to the Joint Committee:
•
Any power that cannot be delegated in
accordance with clause 32 Schedule 7 of the Local Government Act 2002.
•
The determination of funding for undertaking
investigations, studies and/or projects to assess options for implementing
the Coastal Hazards Strategy.
Remuneration
9.1 Each
Partner Council shall be responsible for remunerating its representatives on
the Joint Committee and for the cost of those persons' participation in the
Joint Committee.
9.2 The Administering Authority shall be responsible for remunerating
the Tangata Whenua Members.
Meetings
10.1 The New Zealand
Standard for model standing orders (NZS 9202:2003), or any New Zealand
Standard substituted for that standard, will be used to conduct Joint
Committee meetings as if the Joint Committee were a local authority and the
principal administrative officer of the Hawke’s Bay Regional Council or
his or her nominated representative were its principal administrative
officer.
10.2 The Joint
Committee shall hold all meetings at such frequency, times and place(s) as
agreed for the performance of the functions, duties and powers delegated
under this Terms of Reference.
10.3 Notice of
meetings will be given well in advance in writing to all Joint Committee
Members, and not later than one month prior to the meeting.
10.4 The quorum shall
be 5 Members.
Voting
11.1 In accordance
with clause 32(4) Schedule 7 of Act, at meetings of the Joint Committee each
Council Member has full authority to vote and make decisions within the
delegations of this Terms of Reference on behalf of the Partner Council
without further recourse to the Partner Council.
11.2 Where voting is
required, all Members of the Joint Committee have full speaking rights.
11.3 Each Member has
one vote.
11.4 Best endeavours
will be made to achieve decisions on a consensus basis.
11.5 Standing Orders
2.5.1(2) and 3.14.2 which state: The Chairperson at any meeting has a
deliberative vote and, in the case of equality of votes, also has a casting
vote” do not apply to the Joint Committee.
Election of Chairperson and
Deputy Chairperson
12.1 On the formation
of the Joint Committee the members shall elect a Joint Committee Chairperson
and may elect up to two Deputy Chairpersons. The Chairperson is to be
selected from the group of Council Members.
12.2 The mandate of
the appointed Chairperson or Deputy Chairperson ends if that person through
resignation or otherwise ceases to be a member of the Joint Committee.
Reporting
13.1 All reports to
the Committee shall be presented via the Technical Advisory Group[3]
or from the Committee Chairperson.
13.2 Following each
meeting of the Joint Committee, the Project Manager shall prepare a summary
report of the business of the meeting and circulate that report, for
information to each Member following each meeting. Such reports will be in
addition to any formal minutes prepared by the Administering Authority which
will be circulated to Joint Committee representatives.
Good faith
14.1 In the event of any circumstances arising
that were unforeseen by the Partner Councils, the Tangata Whenua Appointers,
or their respective representatives at the time of adopting this Terms of
Reference, the Partner Councils and the Tangata Whenua Appointers and their
respective representatives hereby record their intention that they will
negotiate in good faith to add to or vary this Terms of Reference so to
resolve the impact of those circumstances in the best interests of the
Partner Councils and the Tangata Whenua Appointers collectively.
Variations to these Terms of
Reference
15.1 Any Member may
propose a variation, deletion or addition to the Terms of Reference by
putting the wording of the proposed variation, deletion or addition to a
meeting of the Joint Committee.
15.2 Amendments to the
Terms of Reference may only be made with the approval of all Members.
16.
Adopted by
16.1 The Coastal Hazards Strategy Joint Committee, made up of the
following:
Napier
City Council represented by Cr T Jeffery and Cr F White
Refer to Council paper 21 May 2014 Refer to Council paper 17
December 2014
Hastings
District Council represented by Cr T Kerr and Cr G Lyons
Refer (HDC 14/510) of Planning & Regulatory
Committee paper 19 June 2014
Hawke’s
Bay Regional Council represented by Cr P Beaven and Cr C Scott
Refer to Council paper 30 April 2014
Maungaharuru-Tangitū
Trust (MTT) represented by Mrs
T Hopmans
Mana Ahuriri
Inc represented by Mr P Prentice
He Toa
Takitini represented by Mr P Paku
Appendix 1 – Project
Background
Project Goal
A Clifton to
Tangoio Coastal Hazards Strategy will be developed in cooperation with the
Hastings District Council (HDC), the Hawke’s Bay Regional Council
(HBRC), the Napier City Council (NCC), and groups representing Mana Whenua
and/or Tangata Whenua. This strategy will be developed to provide a
framework for assessing coastal hazards risks and options for the management
of those risks for the next 105 years from 2015 to 2120.
The long term
vision for the strategy is that coastal communities, businesses and critical
infrastructure from Tangoio to Clifton are resilient to the effects of
coastal hazards.
Project Assumptions
The Coastal
Hazards Strategy will be based on and influenced by:
• The long term needs of the Hawke’s Bay community
• Existing policies and plans for the management of the coast
embedded in regional and district council plans and strategies.
• Predictions for the impact of climate change
• The National Coastal Policy Statement
Project Scope
The Coastal
Hazards Strategy is primarily a framework for determining options for the
long term management of the coast between Clifton and Tangoio. This is
expected to include:
• An assessment of the risk from natural hazards with the potential
to impact on the coastal environment. This may
include a range of return periods for each hazard and a determination of
acceptable risk to the community for various return period events.
• Sea level rise and increased storminess predicted to occur as a
result of climate change and a determination of acceptable risk to the
community for various scenarios.
• Identification of areas of community risk and/or specific
community risks and opportunities for improving community resilience.
This may include a protocol for assessing community consequences and
comparing and prioritising mitigation approaches.
• Approaches to quantify the potential impacts including computer
modelling and specific underlying parameters and assumptions that are used in
the development of those models.
• Stakeholder involvement and participation.
• Protocols for expert advice and peer review.
• An action plan of ongoing activity assigned to various Members.
The Strategy
will:
• Describe a broad vision for the coast in 2120, and how the
Hawke’s Bay community could respond to a range of possible scenarios
which have the potential to impact the coast by 2120.
• Propose policies to guide any intervention to mitigate the impact
of coastal processes and hazards through the following regulatory and
non-regulatory instruments:
o Regional
Policy Statement
o District
Plans
o Council
long-term plans
o Infrastructure
Development Planning (including both policy and social infrastructure
networks).
Appendix 2 - Administering Authority and Servicing
The
administering authority for the Coastal Hazards Strategy Joint Committee is
Hawke’s Bay Regional Council.
The
administrative and related services referred to in clause 16.1 of the conduct
of the joint standing committee under clause 30 Schedule 7 of the Local
Government Act 2002 apply.
Until
otherwise agreed, Hawke’s Bay Regional Council will cover the full
administrative costs of servicing the Coastal Hazards Strategy Joint
Committee.
A technical
advisory group (TAG) will service the Coastal Hazards Strategy Joint
Committee.
The TAG will
provide for the management of the project mainly through a Project Manager.
TAG will be chaired by the Project Manager, and will comprise senior staff
representatives from each of the participating Councils and other parties as
TAG deems appropriate from time to time. TAG will rely significantly on input
from coastal consultants and experts.
The Project
Manager and appropriate members of the TAG shall work with
stakeholders. Stakeholders may also present to or discuss issues
directly with the Joint Committee.
Functions of
the TAG include:
o Providing technical oversight for the study.
o Coordinating agency inputs particularly in the context of the
forward work programmes of the respective councils.
o Ensuring council inputs are integrated.
Bailey/Barker
CARRIED
Councillor Graham nominated Councillor Peter Beaven to the role of
Clifton to Tangoio Coastal Hazards Strategy Joint Committee representative,
seconded by Councillor Belford
13.2. Elects
Councillor Peter Beaven as one of HBRC’s representatives on the Joint
Committee.
Beaven/Belford
CARRIED
Councillor Graham nominated Councillor Paul Bailey to the role of Clifton
to Tangoio Coastal Hazards Strategy Joint Committee representative, seconded
by Councillor Beaven
13.3 Elects
Councillor Paul Bailey as one of HBRC’s representatives on the Joint
Committee
Bailey/Beaven
CARRIED
14. Leaves the matter of Options for an additional member appointment to the Regional Planning Committee
to lie on the table until the 30 November 2016 Regional Council meeting.
Barker/Kirton
CARRIED
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