MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 22 February 2017

Time:                          9.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     R Graham - Chairman

P Bailey

R Barker

P Beaven

T Belford

A J Dick

D Hewitt

N Kirton

F 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

I Maxwell – Group Manager Resource Management

L Hooper – Governance Manager

 


1.       Welcome/Prayer/Apologies/Notices 

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

There were no apologies, nor notices.

A query was raised in relation to attendance at councillor-only workshops by non-elected (appointed) members of the Regional Planning Committee and Maori Committee. Various opinions were expressed, and agreement reached that this topic and associated implications need further discussion and consideration prior to making any formal decisions if required.

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Regional Council Meeting Held on 25 January 2017

RC18/17

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 25 January 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Bailey/Wilson

CARRIED

 

4.

Follow-up Items from Previous Regional Council Meetings

 

Mrs Lambert introduced the item and sought any queries. In relation to Stage 2 of the Government Inquiry, an additional follow-up item was requested to track the resolution from the 9 November Regional Council meeting. Mr Palmer advised that an item on Electric Vehicles will be on the 15 March Environment & Services Committee agenda for consideration, and will not be going forward through the annual plan process. It was noted that the status of LGOIMA requests is to be included on the table, that HBRC publishes LGOIMA requests received on its website and that private property addresses are not released as part of any response to a LGOIMA request.

RC19/17

Resolution

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

Barker/Beaven

CARRIED

 

5.

Call for Items of Business Not on the Agenda

 

Recommendations

That Council accepts the following “Items of Business Not on the Agenda” for discussion as Item 10:

Minor items for discussion only

Item

Topic

Councillor / Staff

1.    

Lincoln Survey

Cr Belford

2.    

Minimum Living Wage

Cr Beaven

3.    

Taniwha Dragon Summit

Cr Graham

 

 

 


The Chairman formally announced that the Chief Executive, Andrew Newman, is resigning from the role. The Chairman asked to record that “Andrew and the Council have come to a mutual agreement on his future, he’s been in some very big intense projects for us in Ruataniwha and recently the water crisis, and he’s been at the forefront of these and it’s been a major challenge but he has handled it extraordinarily well.” Further “Andrew and I haven’t always been on the same side of these issues. I’ve always found him to be as combative as I am. And so it quite often was a duel, but I have to say that over the last 4 months he has been the consummate professional and we have really worked well together. But for various reasons as outlined in the press release he has decided to move on and we have come to a mutual agreement around that and we wish him luck for the future.”

 

The Chairman stepped down from the Chair and left the meeting to speak to the media, and the Deputy Chairman, Councillor Barker, assumed the Chair at 9.23am

 

6.

Affixing of Common Seal

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 223

          DP 10728

          CT  C1/302

-     Transfer

 

1.1.2     Lot 13

          DP 13899

          CT  F4/432

-     Transfer

 

1.1.3     Lot 40

          DP 7201

          CT  B4/941

-     Transfer

 

1.1.4     Lot 285

          DP 10775

          CT  211863

-     Agreement for Sale and Purchase

-     Transfer

 

1.1.5     Lot 108

          DP 14449

          CT  G2/704

-     Agreement for Sale and Purchase

 

1.1.6     Lot 42

          DP 4488

          CT  55/143

-     Agreement for Sale and Purchase

 

 

 

 

 

 

4097

 

 

 

 

4098

 

 

 

 

4099

 

 

 

 

4100

4101

 

 

 

 

4102

 

 

 

 

4103

 

 

 

 

 

 

24 January 2017

 

 

 

 

24 January 2017

 

 

 

 

31 January 2017

 

 

 

 

2 February 2017

8 February 2017

 

 

 

 

13 February 2017

 

 

 

 

13 February 2017

 

1.2

Partial Surrender of Easement

Kenny Road North – Te Awa Stage 8C Subdivision

Plan 505589

CT 743853

 

4096

20 January 2017

 

 


 

RC20/17

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.      Confirms the action to affix the Common Seal.

Wilson/Beaven

CARRIED

 

7.

2016-19 Triennial Agreement Adoption

 

Mrs Lambert outlined the process of developing and agreeing the Triennial Agreement, and provided two suggested additions to the agreement, being:

·      Inclusion of an additional ‘Principle” reading “Acknowledge that local authorities are required to meet their obligations in relation to compliance with any resource consent issued."

·      Inclusion of an additional point under “General Approach to Communication and Coordination” reading "Agree to establish resource consent management committee's between HBRC and each local authority."

 

Queries and discussions traversed:

·         Primary parties to the agreement meeting today to consider adoption of the version attached to the Agenda

·         Mrs Lambert sought feedback from primary parties on the suggested additions – received queries why the need for additional principle as required under Resource Management Act and general agreement to a committee of staff, however concerns about elected representatives getting politically involved in regulatory processes. Further feedback suggested that the Agreement be adopted as attached and then a request by made for the Mayoral Forum to specifically consider additional clauses

·         Additions sought to fix perceived failings of the resource consent and compliance systems and processes manifested by the recent Havelock North water contamination and CHB wastewater discharge issues

·         Suggested that resource consents and compliance with those need to be communicated between staff and elected representatives more effectively, to ensure governors are properly informed about what

·         Semi-judicial resource consent application and regulatory processes must remain separate from political interference

·         Suggestion that a liaison type committee between local councillors and regional constituency representatives could provide a platform for these types of discussions, including broader issues as well

RC21/17

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.      Adopts the 2016-19 Triennial Agreement that has been prepared in accordance with the requirements contained within the Local Government Act 2002 and the Resource Management Act 1991 as agreed to by the Mayors and Chair of the seven parties to the agreement, with the inclusion of:

2.1     Under the heading “General Approach to Communication and Coordination” and sub-heading “Key priorities within existing co-operative arrangements” additional bullet point reading “the Clifton to Tangoio Coastal Hazards Strategy Joint Committee”

2.2     Under the “General Approach to Communication and Coordination” heading, and sub-heading of an additional bullet point reading “agree to establish regular liaison meetings between the relevant HBRC councillor(s) and the local primary party”

Kirton/Bailey

CARRIED

Councillor Graham re-joined the meeting at 9.50am and resumed the Chair

8.

Recommendations from the Maori Committee

 

Mr Mohi introduced the item, extending the Committee’s appreciation for the attendance of councillors and adding detail around discussions at the meeting including representation for Mana Ahuriri, Maungaharuru Tangitu and Te Taiwhenua O Te Whanganui-a- Orotū. Mr Mohi then extended a whakatauki expressing the Committee’s appreciation for Andrew Newman’s work with the committee over the years of his tenure as Chief Executive. Further discussions at the committee meeting covered clarification of Regional Council functions in relation to public water supply and water quality of public supplies, and reports provided on Lake Tutira and re-release of Rabbit Calicivirus.

RC22/17

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.

Māori Committee Charter And Terms of Reference

2.         Notes that the Māori Committee Charter and Terms of Reference” will be finalised at the Māori Committee meeting on 11 April 2017, for then recommending to Council for adoption and signing.

Confirmation of Māori Committee Representation

3.      That Council confirms the appointments of:

3.1       Mr Peter Eden as the Māori Committee representative for Te Taiwhenua O Te Whanganui-a- Orotū

3.2       Mr Rangi Puna as the Māori Committee representative for Mana Ahuriri Trust

3.3       Ms Charmaine Butler as an interim representative for Maungaharuru Tangitu Trust pending a permanent appointment

3.4       Mr Paora Sciascia as the Māori Committee representative for Te Taiwhenua o Tamatea.

and updates the membership list in the Māori Committee Terms of Reference accordingly.

Reports Received

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

5.1     Verbal Update on Current Issues by CE

5.2     Identification of Tangata Whenua in Resource Consent Application and Notification Decision Processes.

5.3     Lake Tutira Ecological Modelling Report

5.4     Re-release of Rabbit Calicivirus (RCD)

5.5     Statutory Advocacy Update.

Wilson/Bailey

CARRIED

 

9.

Recommendations from the Corporate and Strategic Committee

 

Cr Kirton, Committee Chairman, introduced the item and outlined the additional detail provided as requested in relation to the Council Chamber upgrades and Finance, Audit and Risk Sub-committee work programme. Queries and discussions traversed:

·      Efficiency review of Council’s operational activities will be undertaken by an independent consultant and will be initiated immediately with terms of reference, scope and process to be circulated to councilors via email

·      Review of the Capital Structure and investment strategy to be undertaken, including dividend revenue implications on Council activity funding and risk allocation, alongside HBRIC Ltd and Napier Port with scope still to be confirmed by CE

·      Number of members on the Council Appointments Committee to include 2 or 3 councillors and the fact that the Committee makes a recommendation to Council on the appointment of directors and Chairperson to HBRIC Ltd.

·      There was one name put forward, circulated via email by the Chairman, for the independent director member of the Appointments Committee

 

Recommendations

That Council:

1.      Receives and takes note of the Recommendations from the Corporate and Strategic Committee report.

2.      Requests that the CE provide the outlines of the scope and processes for the reviews of Council activities and expenditure, and Council’s capital structure.

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

Kirton/Wilson

CARRIED

Councillor Dick moved a motion, seconded by Councillor Wilson, being:

4.      The Council will establish a Council Appointments Committee after the triennial Council election to recommend to the Council the appointment of Council and independent Directors to HBRIC Ltd. This committee will be comprised of five members who are not seeking appointment to the HBRIC Ltd Board. Where possible the committee members will include the current Chair of HBRIC Ltd, three current councillors, and an external experienced director.

Dick/Wilson

For: Dick, Hewitt, Wilson

Against: Bailey, Barker, Beaven, Belford, Kirton, Graham

LOST

The motion was LOST and therefore the substantive motion was put

That Council:

HBRIC Ltd Independent Director Recruitments and Appointments

4.      Amends the Policy on Appointment and Remuneration of Directors to reflect the composition following; being:

4.1       The Council will establish a Council Appointments Committee after the triennial Council election to recommend to the Council the appointment of Council and independent Directors to HBRIC Ltd. This committee will be comprised of four members who are not seeking appointment to the HBRIC Ltd Board. Where possible the committee members will include the current Chair of HBRIC Ltd, two current councillors, and an external experienced director.

5.      Commences the process for recruiting a Chairman of HBRIC Ltd with urgency using the process, coordinated through the HBRC Chief Executive, of:

5.1       The HBRC CE meets with the Council Appointments Committee to establish an agreed position on the key criteria (required skills, knowledge and experience necessary for an effective board) for the role the HBRIC Ltd Chairman

5.2       Upon agreement of those criteria, expressions of interest in the role of the HBRIC Ltd Chairman are sought by way of advertisements in both local and potentially national media

5.3       On receipt of expressions of interest a short list of candidates is compiled

5.4       Shortlisted candidates are interviewed by the Council Appointments Committee with the preferred candidate being recommended to the full Council for ratification

5.5       Given the significance of the role it may be that the preferred candidate meets with the full Council prior to finalisation of the process

5.6       Councilors may have possible candidates in mind for this role and if this is the case, they should draw the Council Appointments Committee’s attention to potential candidates and encourage the person(s) to express interest through the process.

Recommendations from the Finance, Audit & Risk Sub-committee

Six Monthly Report on Risk Assessment Management

6.      Undertakes a comprehensive review of the HBRC Risk Assessment and Management process to ensure major strategic risks to the public and environment are appropriately managed.

Wairoa-Gisborne Rail Corridor

7.      Continues to offer its support for the preservation and preferably restoration of rail freight options for the Wairoa to Gisborne section of the Napier-Gisborne rail line.

Council Chambers Upgrades

8.      Approves the upgrades of the Ahuriri Room and Council Chamber including replacement of the chairs and tables and repainting of the Council Chamber to be carried out over the remainder of the current financial year and ensuing years as budgeted.

9.      Initiates discussions with tangata whenua representatives on the Maori Committee and Co-Chair of the Regional Planning Committee in relation to upgrading the foyer and Council Chamber to better represent the region and its culture.

Reports Received

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

10.1     HBRC – ACC: Sale of Leasehold Land Cashflows

Kirton/Belford

CARRIED

For membership on the Council Appointments Committee:  Cr Barker nominated Cr Rex Graham, seconded by Cr Beaven; Cr Wilson nominated Cr Alan Dick seconded by Cr Hewitt; Cr Belford nominated Cr Paul Bailey seconded by Cr Beaven

11.   Confirms the voting system to be used for determining Councillor representation on the Council Appointments Committee is paper ballot whereby all names are on a ballot and each councilor ticks up to 2 preferred candidates from those listed.

Graham/Barker

CARRIED

Cr Graham nominated Mr Kevin Atkinson to the Appointments Panel, seconded by Cr Barker. There being no further nominations, Council:

12.    Confirms the appointment of Mr Kevin Atkinson to the Independent external experienced director role on the Council Appointments Committee.

Graham/Barker

CARRIED

 

10.

Items of Business Not on the Agenda

 

Minor items (for discussion only)

Item

Topic

Councillor / Staff

1.    

Lincoln University (with partners including Irrigation NZ and Forest & Bird) sponsors comprehensive survey on public perceptions on the state of the environment, 8th in series, was released recently and requests precis of the survey findings relevant to HBRC to inform councillors’ LTP planning processes

Cr Belford

2.    

Minimum Living Wage

Listened to a recent news article and enquired whether Council employs any staff at less than that. Also query whether Council has a policy that contractors they use must pay their workers the minimum living wage.

Cr Beaven

3.    

Taniwha Dragon economic summit held recently, and Cr Graham attended the conference and the powhiri for visitors. Stunning presentations and valuable insights with excellent participation from Māoridom.

Cr Graham

 

 

Chairman Graham advised he would be leaving the meeting in time to attend the Matatini Powhiri at 11.00am

11.

Chairman's Monthly Report - February 2017

 

In response to a queries, Councillor Graham provided additional commentary on the recent Regional Sector Meeting he attended in Wellington and Matatini.

RC23/17

Resolution

That Council receives the Chairman’s report for Monday, 23 January to Sunday, 29 February 2017.

Belford/Beaven

CARRIED

 

9.

Recommendations from the Corporate and Strategic Committee

 

The votes for Councillor representation on the Council Appointments Committee were collected and counted by Mrs Leeanne Hooper, Electoral Officer, and checked by Mr James Palmer before being read out by Mrs Hooper; being:

·      5 votes in favour of Councillor Paul Bailey, 4 votes in favour of Councillor Dick, and 7 votes in favour of Councillor Graham

RC24/17

Resolutions

That Council:

13.    Confirms the composition of the Council Appointments Committee being two elected councilors, the current Chairman of HBRIC Ltd and one independent experienced director, being:

13.1     Mr Sam Robinson (current HBRIC Ltd Chairman)

13.2     Cr Rex Graham

13.3     Cr Paul Bailey

13.4     Independent external experienced director Mr Kevin Atkinson.

Belford/Wilson

CARRIED

 

12.    Recommendation from the Corporate and Strategic Committee

RC25/17     That Council excludes the public from this section of the meeting, being Agenda Item 12 Recommendation from the Corporate and Strategic Committee 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

Recommendation from the Corporate & Strategic Committee

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.

 

Belford/Kirton

CARRIED

Councillor Hewitt left the meeting at 10.45am

The meeting went into public excluded session at 10.45am and out of public excluded session at 10.48am

 

Councillor Hewitt re-joined the meeting at 10.47am

 

Closure:

There being no further business the Chairman declared the meeting closed at 10.50am on Wednesday 22 February 2017.

 

Signed as a true and correct record.

 

 

 

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