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

 

Present:                     R Graham (Chairman)

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

 

 


1.       Welcome/ Apologies/Notices 

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

RC26/16

Resolution

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.

Barker/Beaven

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.

 

5.

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.

RC27/16

Resolution

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

Beaven/Bailey

CARRIED

 

6.

Call for Any Minor Items not on the Agenda

 

Recommendation

That Council accepts the following minor items not on the Agenda, for discussion as Item 19:

1.   Whaka iwi (Wilson)

2.   Electric vehicles (Belford)

3.   RMA Bill (Belford)

 

7.

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 466

          DP 9059

          CT  150/81

-      Agreement for Sale and Purchase

 

1.1.2     Lot 40

          DP 7201

          CT  B4/941

-      Agreement for Sale and Purchase

 

1.1.3     Lot 2

          DP 14400

          CT  G1/1304

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.4     Lot 417

          DP 11432

          CT  B4/1127

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.5     Lot 102

          DP 12692

          CT  E1/67

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.6     Lot 56

          DP 11779

          CT  C3/432

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.7     Lot 65

          DP 10912

          CT  D4/920

-     Transfer

 

1.1.8     Lot 92

          DP 7201

          CT  B4/813

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.9     Lot 1

          DP 4307

          CT  55/200

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.10  Lot 173

          DP 10990

          CT  C1/369

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.11  Lot 202

          DP 11967

          CT  D1/89

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.12  Lot 336

          DP 8803

          CT  C2/494

-      Agreement for Sale and Purchase

 

1.1.13  Lot 220

          DP 11194

          CT  B3/82

-      Agreement for Sale and Purchase

-     Transfer

 

1.1.14  Lot 35

          DP 14447

          CT  G2/661

-      Agreement for Sale and Purchase

 

1.1.15  Lot 9

          DP 13899

          CT  F4/431

-      Agreement for Sale and Purchase

 

1.1.16  Lot 66

          DP 14450

          CT  G2/724

-      Agreement for Sale and Purchase

 

 

 

1.1.17  Lot 2

          DP 10513

          CT  C1/1352

-      Agreement for Sale and Purchase

-     Transfer

 

 

 

 

4022

 

 

 

 

4023

 

 

 

 

4024

4048

 

 

 

 

4025

4049

 

 

 

 

4027

4047

 

 

 

 

4028

4029

 

 

 

 

4030

 

 

 

 

4031

4060

 

 

 

 

4050

4063

 

 

 

 

4051

4065

 

 

 

 

4053

4059

 

 

 

 

4054

 

 

 

 

4055

4064

 

 

 

 

4056

 

 

 

 

4057

 

 

 

 

4058

 

 

 

 

 

 

4061

4062

 

 

 

 

29 September 2016

 

 

 

 

29 September 2016

 

 

 

 

29 September 2016

13 October 2016

 

 

 

 

5 October 2016

13 October 2016

 

 

 

 

10 October 2016

13 October 2016

 

 

 

 

10 October 2016

10 October 2016

 

 

 

 

10 October 2016

 

 

 

 

10 October 2016

14 Nocember 2016

 

 

 

 

13 October 2016

16 November 2016

 

 

 

 

26 October 2016

17 November 2016

 

 

 

 

2   November 2016

14 November 2016

 

 

 

 

2 November 2016

 

 

 

 

2 November 2016

16 November 2016

 

 

 

 

7 November 2016

 

 

 

 

9 November 2016

 

 

 

 

10 November 2016

 

 

 

 

 

 

16 November 2016

16 November 2016

1.2                                                                                       

1.2.1    W. Wright

          B. Horrocks

          B. Strachan

          D. Norman

          I. Lilburn

          M. Tere

          M. Neal

          N.Faulknor

          R. Duncan

          R. Webb

          W. Lorentz

          J. Hole

          I. Gosling

          P. Freeman

          H. Moffitt

            (Delegations under Section 33G(a) of the Maritime Transport Amendment Act 2013)

4032

4033

4034

4035

4036

4037

4038

4039

4040

4041

4042

4043

4044

4045

4046

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

14 October 2016

1.3

Waipatiki campsite purchase Deed of Nomination between Hastings District Council and Hawke’s Bay Regional Council

4026

11 October 2016

1.4                                                                                  HB

Hawke’s Bay Regional Investment Company Limited Proxy

4052

26 October 2016

 

 

RC28/16

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 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.

Bailey/Wilson

CARRIED

 

8.

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

RC29/16

Resolutions

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 ProceduresOpening 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.

Beaven/Barker

CARRIED unanimously

 

9.

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

RC30/16

Resolutions

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.

Dick/Barker

CARRIED unanimously

 

10.

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.

RC31/16

Resolution

That Council adopts the 2017 Schedule of Meetings as proposed.

Barker/Belford

CARRIED

 


 

11.

Recommendations from the Regional Planning Committee

 

The Chairman introduced the item, outlining discussions on the day.

RC32/16

Resolutions

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

Bailey/Beaven

CARRIED

 

12.

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.

RC33/16

Resolutions

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.

Graham/Belford

CARRIED

 

The meeting adjourned at 10.30am and reconvened at 10.50am

 

13.

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.

RC34/16

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.

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.

Hewitt/Graham

For: Dick, Hewitt, Bailey, Beaven, Wilson, Kirton, Graham

Against: Barker, Belford

CARRIED

 

14.

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.

RC35/16

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.

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.

Dick/Beaven

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

 

15.

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.

RC36/16

Resolutions

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.

Barker/Belford

CARRIED

 

16.

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.

RC37/16

Resolution

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.

Barker/Bailey

CARRIED

 

17.

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

RC38/16

Resolution

That Council receives and takes note of the Annual Plan Progress Report for the first four months of the 2016-17 financial year.

Kirton/Dick

CARRIED

 

Resolution

RC39/16       That the meeting continues past the six hour limit.

Wilson/Beaven

CARRIED

 

18.

HBRC Staff Work Programme over December 2016 - January 2017

 

The paper was taken as read.

RC40/16

Resolution

That Council receives the HBRC Staff Work Programme over December 2016 - January 2017 report.

Dick/Beaven

CARRIED

 

19.

Minor Items Not on the Agenda

 

 

Item

Topic

Councillor / Staff

1.      

Whaka iwi

Councillor Wilson enjoyed the day, when the fifth largest settlement to date was signed.

Cr Wilson

2.      

Electric vehicles

Meeting hosted at HBRC last week where people interested in accelerating the use of electric vehicles in HB.

It was suggested that meetings of this type be advised to all councillors so that others interested can attend if they wish.

Cr Belford

3.      

RMA Bill

Would appreciate an update on the RMA reform process

Cr Belford

4

CHB wastewater treatment plants

Charges have been laid in relation to non compliance with their resource consent conditions

Mr Newman

 

 

 

 

 

20.

Napier Port Director Appointments

RC41/16

Resolutions

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:

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Napier Port Director Appointments

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.

 

2.     That Dr Andy Pearce remains in attendance as the representative of the HBRIC Ltd Board of Directors seeking confirmation of the appointments.

Beaven/Belford

CARRIED

 

21.

Discussion on Chairman’s Letters dated 7 and 23 November 2016

RC42/16

Resolution

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:

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Discussion on Chairman’s Letters dated 7 and

23 November 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.

 

Beaven/Belford

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: ...............................................