MINUTES OF A meeting of the Regional Council
Date: Wednesday 30 November 2016
Time: 9.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
PB Bailey
R Barker
P Beaven
T Belford
A J Dick
DH Hewitt
NK Kirton
FW Wilson
In Attendance: M Mohi – Chairman, Maori Committee
A Newman – Chief Executive
M Adye – Group Manager Asset Management
J Palmer – Group Manager Strategic Planning
L Lambert – Group Manager External Relations
P Drury – Group Manager Corporate Services
L Hooper – Governance & Corporate Administration Manager
W Wright – Manager Resource Use
N Heath – Acting Manager Land Management
M Collings – Corporate Accountant
The Chairman welcomed everyone to the meeting, and Councillor Debbie Hewitt offered the prayer.
There were no apologies, nor notices.
2. Conflict of Interest Declarations
Councillor Neil Kirton declared that his employer, Hohepa, is in discussions with HBRC for a small contract of less than $5000 for works on Taipo Stream.
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 9 November 2016
RC25/16 |
Resolutions 1. That the minutes be corrected to include the following wording under “Matters Arising” 1.1 “Councillor Hewitt volunteered her correspondence in response to Councillor Belford’s LGOIMA request (OIR-16-120), and Councillor Belford has appealed Council’s decision to refuse that request in accordance with LGOIMA section 17.(h).” 2. That the minutes be corrected to include the following resolution on page 12 2.1 “10.3 Agrees to further discuss remuneration of Maori Committee representatives” 3. That the minutes be corrected to include the following on page 12, item 3 of Minor Items Not on the Agenda: 3.1 Tukituki gravel extraction. Disappointed that CHBDC gravel extraction allowed in Tukituki when significant benefits would have resulted from extraction 5km up stream. Barker/Beaven CARRIED |
Minutes of the Regional Council Meeting held on Wednesday, 9 November 2016, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record as amended. CARRIED |
4. Matters Arising from Minutes of the Regional Council Meeting held on 9 November 2016
In relation to item 4 Matters Arising on pg 2 and LGOIMA requests, it was suggested that the delegation to respond to requests for information held by Councillors that the delegation to respond is more properly held by the HBRC Chairman rather than staff. There was discussion around the requirements of the Act and the presumption that information is to be provided to requesters unless there is legitimate reason to withhold under LGOIMA. It was agreed to invite the Ombudsman’s office to Hawke’s Bay to provide a workshop for councillors, and that Mrs Hooper will upload the Ombudsman’s Guide to LGOIMA to the portal. Further discussion traversed Councillor Belford’s view on responding to requests for councillor correspondence and whether Council should have a shared view in support of his complaint to the Ombudsman.
There were no further matters arising from the minutes.
Follow-up Items from Previous Regional Council Meetings |
|
|
The paper was taken as read. Mr Mohi arrived at 9.20am There was general agreement that the Water Symposium be delayed and re-shaped, and suggestions for what should be included on the agenda are to be provided by councillors to James Palmer via email by the end of February 2017. |
That Council receives the report “Follow-up Items from Previous Regional Council meetings”. CARRIED |
Call for Any Minor Items not on the Agenda |
|
|
That Council accepts the following minor items not on the Agenda, for discussion as Item 19: 1. Whaka iwi (Wilson) 2. Electric vehicles (Belford) 3. RMA Bill (Belford) |
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.
|
|||||||||||||||||||||
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 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. CARRIED |
Adoption of Standing Orders |
|
|
Queries and discussion traversed: · Feedback received from councillors · New Standing Orders requires vote of at least 75% for adoption · Timeframes for creation and delivery of agendas · Receipt of Notices of Motion from councillors is 5 clear working days in advance of a meeting in order to allow staff ‘processing’ time within requirements of Standing Orders to deliver electronically 3 clear working days prior to the meeting · Process of approval for Leave of Absence, and recording of apologies while on leave · Time allocations for deputations specifically, and treating everyone fairly and how time allocations are applied for submissions to annual plans · Casting vote · Committee Chair input into agenda setting in cooperation with the Executive responsible, the purpose of a Chairman’s report (SO9.6) and the responsibility for the Agenda in accordance with LGA lies with the Chief Executive |
That Council: 1. Agrees that in accordance with the Local Government Act, Council is required to adopt a set of Standing Orders, and can therefore make this decision without consulting directly with the community. 2. Adopts the HBRC Standing Orders as attached, and including amendments agreed by at least 75% of those present and voting at the 30 November 2016 Regional Council meeting; being: 2.1. 9.1 Preparation of the agenda. When preparing business items for an agenda the chief executive or Group Manager responsible will consult the relevant Chairperson. 2.2. 9.10 Distribution of the agenda. The chief executive must send the agenda to every member of a meeting at least two clear working days before the day of the meeting, except in the case of an extraordinary meeting (see Standing Order 8.4). “The chief executive will provide the agenda, and other materials relating to the meeting or other Council business, to members by electronic means at least 3 clear working days before the meeting – except in the case of an extraordinary meeting, in which case SO 8.4 applies. 2.3. 9.12 Items of business not on the agenda which cannot be delayed. A meeting may deal with an item of business that is not on the agenda where the meeting resolves to deal with that item and the Chairperson provides the following information during the public part of the meeting: (a) the reason the item is not on the agenda; and (b) the reason why the discussion of the item cannot be delayed until a subsequent meeting. Items not on the agenda may be brought before the meeting through a report from either the chief executive or the Chairperson. Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002 with regard to consultation and decision making. 2.4. 9.13 Discussion of minor matters not on the agenda. A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion. 2.5. Meeting Procedures – Opening and closing. Local authorities may, at the start of a meeting, choose to recognize the civic importance of the occasion through some form of reflection. 2.6. 12.3 Leave of absence. The Chairperson will grant a member leave of absence following an application from that member. The Chairperson will advise all members of the Council, the Chief Executive and the Governance Manager whenever a member has been granted leave of absence, and the period of that leave, under delegated authority. Meeting minutes during the period of leave will record that a member has leave of absence as an apology for that meeting. 2.7. 15 Deputations, 15.1 Time limits. Speakers can speak for up to 10 minutes, however the Chairperson has the discretion to extend the speaking time with the agreement of the majority of members present 2.8. 18.3 Chairperson has no casting vote. The Chairperson or any other person presiding at a meeting has a deliberative vote, however in the case of an equality of votes, has no casting vote. 2.9. 23.3 Requirement to give notice. A member must give notice to the chief executive at least 5 working days before the meeting at which it is proposed to consider the motion. The notice is to be signed by not less than one third of the members of the local authority, including vacancies. Notice can be sent via email and include the email signatures of members. If the notice of motion is lost, no similar notice of motion which is substantially the same in purpose and effect may be accepted within the next twelve months. 2.10. SO 26.1 Notice of intended motion to be in writing. Notice of the intended motions must be in writing signed by the mover, stating the meeting at which it is proposed that the intended motion be considered, and must be delivered to the chief executive at least 5 clear working days before such meeting. [Notice of an intended motion can be sent via email and include the email signature of the mover.] Once the motion is received the chief executive must give members notice in writing of the intended motion at least 2 clear working days’ notice of the date of the meeting at which it will be considered. CARRIED unanimously |
Adoption of Code of Conduct for Elected Representatives |
|
|
Queries and discussion traversed: · Amend Chief Executive’s role to include the provision of advice to Council and its members as Chief Advisor to Council · Statements provided to media subject to interpretation |
That Council: 1. Agrees that the decision to be made is not whether to adopt a Code of Conduct being that Council has a statutory obligation to do so. 2. Notes that Council may review the Code at any time, notwithstanding the fact that 75% of those present and voting have to agree to amendments. 3. Adopts the Code of Conduct as amended and agreed, based on the LGNZ template. CARRIED unanimously |
Proposed Schedule of 2017 Council and Committee Meetings |
|
|
Suggested that Wednesdays unscheduled currently be set aside for potential workshops or fieldtrips, and that where TANK stakeholder meetings overlap with Regional Planning Committee or Regional Council meetings the dates scheduled for TANK be shifted if possible. |
That Council adopts the 2017 Schedule of Meetings as proposed. CARRIED |
Recommendations from the Regional Planning Committee |
|
|
The Chairman introduced the item, outlining discussions on the day. |
The Regional Planning Committee recommends that Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision Proposed Plan Change for Oil and Gas Exploration Activities 2. Agrees to progress a prohibition of oil and gas exploration activities within productive aquifers, aquifer recharge zones and surface water bodies through a standalone plan change spanning the whole region, and 2.2.1. at the outset, seeks an opinion from an expert RMA legal counsel on the extent to which such a prohibition would be justifiable under law. 2.2.2. Notes that there will be legal, administrative and resourcing costs associated with either option For: Dick, Bailey, Barker, Beaven, Belford, Kirton, Graham Against: Hewitt, Wilson CARRIED 3. Directs staff to report back to the Regional Planning Committee in early 2017 on details of a process to give effect to the Committee’s preferred option. Water Conservation Order Application (Ngaruroro River): Update and Draft 4. Adopts the draft submission to be further amended by delegated committee members, and which is to be lodged with the Special Tribunal to hear the Water Conservation Order application for the Ngaruroro and Clive Rivers (once it is notified). 5. Advises the TANK Group of the submission recommendations and also makes the submission publicly available once it has been finalised. Tangata Whenua Representation on Council Standing Committees 6. Accepts the following amendment to the membership as stated in the Terms of Reference for the Corporate and Strategic, and the Environment and Services committees to: 6.1. One appointed tangata whenua member of the Regional Planning Committee, being (name inserted) and One appointed member of the Maori Committee, being (name inserted) 7. Accepts the appointment of Dr Roger Maaka as the tangata whenua Regional Planning Committee representative on the Corporate and Strategic Committee 8. Accepts the appointment of Mr Allen Smith as the tangata whenua Regional Planning Committee representative on the Environment and Services Committee Estuaries of the TANK Catchments: Ahuriri and Waitangi Estuaries' Values, State and Trends 9. Requests that staff, with urgency, prepare a report summarising current and planned HBRC scientific and management activities relating to the Ahuriri and Waitangi estuaries, detailing expenditure over the next 3 year period, including a plan with full costings, to implement the recommendation made in section 9 of the “Estuaries of the TANK Catchments: Ahuriri and Waitangi Estuaries' Values, State and Trends” report. 10. Requests that staff prepare an assessment of all resource consenting and compliance management issues affecting these estuaries, including options for changes to the Regional Resource Management Plan (RRMP) for improved management of resource consenting processes, particularly with regard to both regulatory methods and those non-regulatory methods outlined in chapter 4.0 of the RRMP. 10.1 Requests that staff prepare a Communications and Stakeholder Engagement Plan around current and planned HBRC scientific and management activities relating to the Ahuriri and Waitangi estuaries in conjunction with the reports specified in 9. and 10. above. Reports Received 11. Notes that the following reports were provided to the Regional Planning Committee: 11.1 RMA Planning Cycle 11.2 Verbal Update on the Regional Planning Committee Terms of Reference Review 11.3 Update on the Greater Heretaunga and Ahuriri (TANK) Plan Change 11.4 Estuaries of the TANK Catchments: Ahuriri and Waitangi Estuaries' Values, State and Trends 11.5 Lake Tutira Ecological Modelling Report 11.6 Recreational Water Quality 2015-16 Final Report 11.7 November 2016 Resource Management Planning Project Update 11.8 Statutory Advocacy Update CARRIED |
Appointment of an Additional Council Member to the Regional Planning Committee |
|
|
Mrs Lambert outlined the rationale for the appointment of an additional Council representative to fulfil the ‘equal representation’ provision in the RPC Act. There was discussion about whether Council wishes to seek expressions of interest or whether to accept the suggestion made previously that Council asks the Maori Committee Chairman if he would be willing to accept that appointment. |
That Council: 1. Receives and notes the “Appointment Of An Additional Council Member To The Regional Planning Committee” staff report. 2. Considers Options A, B and C for additional member appointment to the Regional Planning Committee outlined in the report. 3. Offered the appointment as Council’s tenth representative on the Regional Planning Committee to Mr Mike Mohi, which Mr Mohi accepted. CARRIED |
The meeting adjourned at 10.30am and reconvened at 10.50am
Proposed Pathway Bridge Across Tukituki River |
|
|
Mr Adye, Group Manager Asset Management, introduced the item, responding to queries about the need for double debate and consideration by the Environment and Services Committee, health and safety considerations, urgency required to enable bridge construction as soon as possible, and the type of bridge proposed. There was further discussion about the timing of the decision falling outside Council’s annual plan process and one funder having made their funding subject to confirmation of the bridge ownership. |
That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision. 2. Agrees to be “owner” of the proposed bridge, and accordingly take responsibility for its ongoing maintenance and ultimate replacement; and accordingly requesting staff to include financial provision for this into future Annual and Long Term plans. For: Dick, Hewitt, Bailey, Beaven, Wilson, Kirton, Graham Against: Barker, Belford CARRIED |
Review of the Ruataniwha Water Storage Scheme |
|
|
Mr Palmer, Group Manager Strategic Planning, introduced Mrs Lara Blomfield who has provided legal advice in relation to the legal challenges to the DoC land swap. Mrs Blomfield provided a summary of her advice and the basis for that advice. In relation to the 9 November resolution that Council “Consults the Board of Directors of HBRIC Ltd on the issues arising from any direction to suspend all expenditure and work related to the Ruataniwha Water Storage Scheme by way of a shareholder’s resolution to modify HBRIC Ltd’s Statement of Intent” Mr Palmer sought Council’s direction about whether it wishes to pursue this. Feedback to be provided by way of email by 7 December 2016, including suggestions for membership of a community reference group. |
That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision. 2. Agrees that this review will not recommend to councillors whether to proceed, abandon or shelve the RWSS. 3. Agrees that the purpose of this review is to ensure the costs and benefits of the scheme, as well as risks and opportunities with decisions to proceed, abandon or shelve the scheme, are clearly identified and articulated in order to facilitate informed decision making. 4. Agrees that the approach to conducting the review should leverage the knowledge of internal staff and existing advisors to the greatest extent possible and ‘fresh’ eyes are used by exception where councillors identify this as being necessary. 5. Agrees to the work programme for the review being confirmed at the 14 December Regional Council meeting. 6. Requests the Group Manager reports back to the Council with the findings of the Review on either 29 March 2017 or 26 April 2017. 7. Agrees external costs of this review work programme including HBRIC staff time, estimated to be between $130,000 and $150,000, will be capitalised to the RWSS project. 8. Appoints a community reference group to assist staff with the review, membership of which to be confirmed at the 14 December Regional Council meeting. CARRIED The meeting adjourned at 12.30pm and reconvened at 1.00pm 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. 9. Requests HBRIC Ltd implement a moratorium on the Ruataniwha Water Storage Scheme (RWSS) project, to include: 9.1 Ceasing any further expenditure on the RWSS design, development or construction other than work currently committed or contracted 9.2 Not entering into any new arrangement that would commit either HBRIC Ltd or Hawke’s Bay Regional Council to future expenditure or obligations 9.3 Desisting from taking any further steps towards acquiring DOC land under the Public Works Act. 10. This moratorium is: 10.1 Subject to any consultation required between HBRIC Ltd and HBRC, with such consultation to be completed and reported upon to the 14 December Regional Council meeting 10.2 To continue until Council has received and considered the information and advice detailed in the RWSS review. Beaven/Kirton For: Bailey, Barker, Beaven, Belford, Kirton, Graham Against: Dick, Hewitt, Wilson CARRIED |
Councillor Director Appointments to the HBRIC Ltd Board |
|
|
Mrs Lambert and Mr Newman introduced the item and outlined the process for selection of Councillor Directors for the Board. |
That Council resolves that: 1. The decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision. 2. Confirms the composition of the Appointments Committee to recommend to Council the appointment of directors to HBRIC Ltd be comprised of the Chair of HBRIC Ltd or his alternate and three current HBRC councillors who do not intend to seek appointment as a Councillor Director. 3. Councillors Rex Graham, Paul Bailey and Alan Dick offered themselves as members of the appointments committee, and those offers accepted. 4. Requests those Councillors wishing to be considered for appointment as a director of HBRIC Ltd identify themselves to the HBRC Chairman in writing including their CVs by 5pm Friday 2 December 2016. 5. Requests that the Appointments Committee report back to the Regional Council meeting on 14 December 2016 with their recommendations for the appointment of up to three Councillor Directors on the HBRIC Ltd Board. CARRIED |
Update on Feedlot Compliance |
|
|
Mr Wayne Wright, Manager Resource Use, outlined the Council’s two pronged approach of Compliance and Land Management staff to these issues, involving education and regulation to ensure that rules in the Regional Resource Management Plan are being complied with and requirements met. Discussions traversed: · Rules that must be met in order to operate a feedlot without a resource consent – as a permitted activity · The number of feedlots operating across the region, and particularly in the Tukituki catchment · Compliance is proposing increased prescription for resource consent conditions · Compliance reporting to Council through the Annual Report performance measures and to the Environment and Services Committee through a detailed report which includes commentary on specific issues that have arisen and initiatives to improve compliance. |
That Council receives and notes the “Update on Feedlot Compliance” report, and notes that the Compliance Team gives notice of its determination to rigorously monitor and enforce the rules of the Regional Resource Management Plan regulating the operation of feedlots. CARRIED |
Annual Plan Progress Report for the First Four Months of the 2016-17 Financial Year |
|
|
Mr Paul Drury, Group Manager Corporate Services, provided an outline of the report on Council’s progress for the first four months of the 2016-17 financial year and interim reforecasting for costs relating to the Havelock North Water Contamination investigations and Government Inquiry. Queries and discussion traversed: · Language and terminology used in the financial statements · Compensation to ACC for the loss of rental income when a leasehold property is freeholded, with a report back to Council on 25 January 2017 with details of the ACC cashflows arrangement and related figures for freehold sales · Employee entitlements are treated differently than in the past in response to Audit requirement · Funding of the Government Inquiry costs, including legal costs, and how those are being funded from a different source than the technical investigation into HDC’s compliance with their resource consent conditions · Technical investigations into the Havelock North Water Contamination event are largely finished and so most costs have been incurred, and the investigation report is on the Inquiry’s website for public access · Timing of events throughout the Havelock North event, communications around what was happening, and then investigations to determine the cause of the contamination |
That Council receives and takes note of the Annual Plan Progress Report for the first four months of the 2016-17 financial year. CARRIED |
Resolution
RC39/16 That the meeting continues past the six hour limit.
Wilson/Beaven
CARRIED
HBRC Staff Work Programme over December 2016 - January 2017 |
|
|
The paper was taken as read. |
That Council receives the HBRC Staff Work Programme over December 2016 - January 2017 report. CARRIED |
Minor Items Not on the Agenda |
||||||||||||||||
|
|
Napier Port Director Appointments |
|||||||
1. That Council excludes the public from this section of the meeting, being Agenda Item 20 Napier Port Director Appointments 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:
2. That Dr Andy Pearce remains in attendance as the representative of the HBRIC Ltd Board of Directors seeking confirmation of the appointments. CARRIED |
Discussion on Chairman’s Letters dated 7 and 23 November 2016 |
|||||||
That Council excludes the public from this section of the meeting, being Agenda Item 21 Discussion on Chairman’s Letters dated 7 and 23 November 2016 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:
CARRIED |
The meeting went into public excluded session at 3pm and out of public excluded session at 4.15pm
Closure:
There being no further business the Chairman declared the meeting closed at 4.16pm on Wednesday 30 November 2016.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................