MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 29 March 2017

Time:                          9.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     R Graham - Chairman

P Bailey

P Beaven

T Belford

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

G Ide – Manager, Strategy and Policy

D Broadley – Community Engagement & Communications Manager

 

 


1.       Welcome/Prayer/Apologies/Notices

The Chairman welcomed everyone to the meeting. As a mark of respect for staff member Michael Taylor’s passing, Mr Mohi led everyone in the singing of Whakaria Mai.

Resolution

RC28/17     That the apologies for absence from Crs Rick Barker and Alan Dick be accepted.

Wilson/Bailey

CARRIED

 

2.       Conflict of Interest Declarations

Councillors Beaven and Hewitt expressed an interest in item 20 HBRIC Ltd Draft Statement of Intent 2017-18 as Councillor Directors on the HBRIC Ltd Board of Directors.

There were no further conflict of interest declarations.

 

3.1     Confirmation of Minutes of the Regional Council Meeting Held on 22 February 2017

RC29/17

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 22 February 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Wilson/Beaven

CARRIED

 

3.2     Confirmation of Minutes of the Regional Council Meeting Held on 1 March 2017

RC30/17

Minutes of the Extraordinary Regional Council Meeting held on Wednesday, 1 March 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Belford/

CARRIED

 

4.

Follow-up Items from Previous Regional Council Meetings

 

Mrs Lambert updated councillors on the status of the various items listed, including advising that the Triennial Agreement is awaiting the signature of the Taupo District Council and will then be completed. In response to a query, it was agreed that an item on the recent OECD State of the Environment report and Lincoln University survey will be presented to the Environment & Services Committee prior to being considered by the Regional Planning Committee.

RC31/17

Resolution

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

Bailey/Belford

CARRIED

 

5.

Call for Items of Business Not on the Agenda

 

Recommendations

1.     That Council accepts the following Urgent item of Business (supported by tabled CE or Chairpersons’ report) for discussion as Item 18:

 

 

Item Name

Reason not on Agenda

Reason discussion cannot be delayed

1.           

Additional Appointment to the CE Appointments Sub-committee

Result of recent discussions

Recruitment process is already under way, with shortlisting likely to be undertaken

 

1.2.   Minor items for discussion only

Item

Topic

Councillor / Staff

1.   

Balance farm environment awards

Cr F Wilson

2.   

FEMP support

Cr D Hewitt

3.   

Attendance at Michael Taylor’s funeral

Mr M Mohi

 

 

 

6.

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 467

          DP 9059

          CT  752725

-       Transfer

 

1.1.2     Lot 108

          DP 14449

          CT  G2/704

-       Transfer

 

1.1.3     Lot 42

          DP 4488

          CT  55/143

-       Transfer

 

1.1.4     Lot 181

          DP 12611

          CT  D4/1105

-       Transfer

-        

 

 

 

 

4104

 

 

 

 

4105

 

 

 

 

4106

 

 

 

 

4108

 

 

 

 

20 February 2017

 

 

 

 

22 February 2017

 

 

 

 

27 February 2017

 

 

 

 

8 March 2017

1.2

Deed of Lease

Tutira B Section 8 Block

CE D3/1027

(leasehold interest over the land being 0.4122 hectares is required for river control and soil conservation purposes. The lease land is ineffective vacant land of irregular shape.  The land is predominantly level, with rough grass covering and established willow trees)

4107

6 March 2017

 

 

 

 

 

RC32/17

Resolutions

That Council:

1.      Agrees that the decision to be made is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy and that Council can exercise its discretion and make this decision 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.

Recommendations from the Regional Planning Committee

 

The Chairman, as Co-Chair of the Regional Planning Committee, introduced the item and added underlying commentary on discussions relating to Oil & Gas exploration, outstanding water bodies and the GMO item considered at the meeting. There was a suggestion that more consideration needs to be given to regulation around Oil and Gas exploration prior to embarking on an expensive Plan Change process.

RC33/17

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 in principle to the indicative work programme considered at the 1 March 2017 Regional Planning Committee meeting, subject to enhancements to be finalised between Staff and the contractor engaged to prepare a Plan Change.

3.      Agrees to the amendment of the Regional Resource Management Plan to incorporate minor technical matters recommended by the van Voorthysen Environmental Limited and the Environmental Management Services Limited reports into the draft plan change; being in relation to:

3.1     Clarifying the process of obtaining a bore permit; and

3.2     The inclusion of two additional matters for control (i.e. ‘type of drilling fluid’ and ‘casings’) in relation to bore permits in RRMP Rules 1 and 2.

Bailey/Beaven

For: Belford, Bailey, Beaven, Kirton Graham

Against: Hewitt, Wilson

CARRIED

Reports Received

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

4.1     Indicative Milestones and Approach for Identifying Outstanding Waterbodies in Hawke’s Bay (RPC resolved “request further advice to assist it with consideration of the direction the Committee will recommend to Council”).

4.2     Summary of Legal Issues Associated with Placing a Moratorium on the Release in Hawke’s Bay of GMOs (RPC resolved “indicates its intention to explore a precautionary approach to GMO introduction in Hawke’s Bay, if the Supreme Court confirms Regional Council authority to take action”).

4.3     Proposed Plan Change for Oil and Gas Exploration Activities (RPC resolved “receives and notes the preliminary draft legal advice received from Simpson Grierson and, in particular, notes that this preliminary draft advice indicates that Council is empowered under the Resource Management Act to proceed with a Plan Change provided that it has clear, robust justifications and evidence to do so”).

Bailey/Beaven

CARRIED unanimously

 

8.

Recommendations from the Environment & Services Committee

 

Councillor Belford, as Chair, introduced the item which was taken as read.

There was discussion around the Tutira Regional Park – Pine Forest Harvest, and a suggestion that the decisions on the timing and method of harvest should be made by Council on a strategic basis, and to delay considering recommendations 9. Delegates the decision on the timing of harvest and construction of the associated infrastructure to the Chief Executive or interim Chief Executive, with the expectation that s/he will seek expert advice on forecast prices for harvested timber and the availability of construction resources, and 10. Agrees that proposals for harvesting of the blocks to be harvested between 2018 and 2020 and construction of Phase 2 of the infrastructure including sediment control and skidsites (estimated cost $660,000) should be sought from forest companies operating in Hawke’s Bay on the basis of a managed graded log sale approach, with specific attention on the methodologies proposed for mitigating the risk of sediment entering Lake Tūtira, noting that this expenditure will be repaid from the first harvest revenue.

Queries and discussions covered:

·      The timing and method of harvest are operational decisions which will consider expert industry advice and ‘governors’ are stepping too far into operational issues

·      The challenge has arisen from a lack of discussions around the options for the timing and methods of harvest at the Committee meeting, after elected representatives were provided with additional information by Chris Perley via email

·      The recommendations to Council from the E&S Committee are exactly as resolved by that Committee.

Mr Mohi left the meeting at 9.55am

Further discussions traversed:

·      Council currently approaches management of the Tutira forest blocks as a very small part of the whole catchment, and needs to be considered in that context

·      Land management officers have been working with farmers throughout the catchment and a number of planting projects have been carried out

·      A Strategy is being developed through the Strategic Plan process under way and through ongoing discussions with tangata whenua and stakeholders in the catchment

·      Suggestion that the decisions on harvest be delayed until the Strategy is completed so that the operational management of the Forest blocks fits into that

·      Staff very clearly outlined how the risks to the lake associated with harvest will be minimised through the process by taking expert advice into account in assessing harvest proposals

·      Resource and price pressures, including ordering plants for replanting

Mr Mohi re-joined the meeting at 10.05am

Mr Adye reiterated the staff rationale around assessment of the harvest proposals put forward, including consideration of the overall management of Tutira, advising that the re-planting proposals will be brought back to Council for consideration as per the recommendations in the paper. Further discussion traversed:

·      Overall forestry impacts in the catchment, and the size of the forestry issue

·      Funding for Big Picture integrated strategy for the Tutira catchment and Lake Tutira will be put forward for a freshwater improvement fund bid process

·      Implications of any delay on the Long Term Plan budgets will be a shortfall of the associated income forecast

·      Councillors seeking further assurance and information

·      Process proposed by staff is to request Harvest Proposals from key HB forestry companies which would then be treated on their merits and put through a weighted assessment process including how the environmental risks associated with that harvest will be managed. Forest companies are the ones with the expertise and are able to put forward what they consider the ‘best option’ for the Harvest Plan rather than Council limiting itself by providing only one option.

RC34/17

Resolutions

The Environment and Services 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 these issues without conferring directly with the community.

Riverbed Gravel Management Review

2.      Adopts the Special Consultative Procedure for the Proposed Hawke’s Bay Gravel Management Plan and Draft Environmental Code of Practice for River Control and Waterway Works - 2017 in accordance with the Local Government Act 2002.

3.      Adopts the Statement of Proposal, including the Executive Summary as a fair representation of the major matters in the Statement of Proposal, as part of the Special Consultative Procedure specified in Sections 83 and 83AA of the Local Government Act 2002.

4.      Requests that staff carry out the Special Consultative Procedure as outlined in Section 83 of the Local Government Act 2002 and in accordance with the Statement of Proposal.

5.      Agrees to the appointment of an Independent Panel under the Local Government Act, to hear submissions and make recommendations on the Proposed Hawke’s Bay Gravel Management Plan and Draft Environmental Code of Practice for River Control and Waterway Works - 2017 to the Council’s Regional Planning Committee.

6.      Delegates the appointment of the Independent Panel to the Chairman of the HBRC Hearings Committee and the Chief Executive or Interim Chief Executive.

Tutira Regional Park – Pine Forest Harvest

7.      Authorises the Chief Executive or Interim Chief Executive to enter into an Agreement for access and commitment for a permanent easement with the owner of the land over which the Option 2 route will traverse.

8.      Authorises the Chief Executive or interim Chief Executive to commit to the construction of Phase 1 of Option 2 harvest access road from SH 2 to approx. 360 m south of Pāpākiri Stream (estimated cost $355,000 with a landowner contribution of $55,000) commencing in the current financial year, including the bridge across Pāpākiri Stream, subject to competitive prices being negotiated for the construction of the road and bridge; noting that this expenditure will be repaid from the first harvest revenue.

9.      Agrees that proposals for harvesting of the blocks to be harvested between 2018 and 2020 and construction of Phase 2 of the infrastructure including sediment control and skidsites (estimated cost $660,000) should be sought from forest companies operating in Hawke’s Bay on the basis of a managed graded log sale approach, with specific attention on the methodologies proposed for mitigating the risk of sediment entering Lake Tūtira, noting that this expenditure will be repaid from the first harvest revenue.

10.    Agrees that Forest Company proposals received, together with the associated staff assessment and recommendations, will be considered by the Regional Council, which will make the final choice on acceptance of the preferred proposal.

11.    Notes that the expected net return from the harvest is conservatively assessed as being in the order of $2,000,000, which is less than the net return estimate included within the HBRC LTP 2015-25.

12.    Notes that staff anticipate the Harvesting and Replanting Plan will be brought to either the July or September 2017 meetings of the Environment and Services Committee for approval.

Interim Chief Executive Appointment

13.    Notes that the following resolutions were made in relation to the late item 15, Interim Chief Executive Appointment:

13.1.    That the late item of business, 15. Interim Chief Executive Appointment is accepted for consideration at this meeting immediately following Conflict of Interest Declarations, in accordance with SO 9.12, as this issue cannot be delayed in light of the current Chief Executive’s imminent (31 March) departure.

13.2.    That the Environment and Services Committee accepts the recommendation of the Appointment Sub-committee and appoints Mr Greg Woodham to the role of Interim Chief Executive of the Hawke’s Bay Regional Council for the period 3 April 2017 until a permanent appointment is in place.

13.3.    That the Environment and Services Committee decides to exercise its delegated powers to make a decision that will have the same effect as the local authority could itself have exercised or performed, and that the decision deserves urgency and the decision is carried unanimously.

Reports Received

14.    Notes that the following reports were provided to the Environment and Services Committee on 15 March 2017:

14.1.    Activities Relating to Ahuriri and Waitangi Estuaries (E&S resolved to leave the item to lie on the table pending the provision of further information to the 17 May 2017 meeting)

14.2.    Re-release of Rabbit Calicivirus (RCD)

14.3.    2016 National Environmental Standard for Air Quality Monitoring Results

14.4.    Clean Water Discussion Document as it Relates to Human Health for Recreation

14.5.    March 2017 Public Transport Update

14.6.    Electric Vehicles

Bailey/Belford

CARRIED

The meeting adjourned at 10.30am and reconvened at 10.50am

 

 

9.

Adoption of the Supporting Accountability Documents and Consultation Document for the 2017-18 Draft Annual Plan

 

Mr Paul Drury introduced the item, outlining the proposed draft Annual Plan as per feedback received from councillors at workshops in February and March.

Discussions traversed:

·      Level of service measures will be re-written for the 2018-28 Long Term Plan to reflect more “outcome focus” as per Strategic Plan refresh

·      Uniform, targeted and general rates, and how those are applied to different categories of properties

·      Land management functions and staffing

·      Funding for transport, including public transport

·      Open Spaces activities and funding

·      Funding for Biodiversity activities

·      Reporting on the implementation of Plan Change 6, consents and compliance activities.

·      The consultation document – key messages of call to action to fix water issues, information flow, dates of public meetings, possible to split rates into “business as usual 4.88%” and the additional “hot spots 5%”

·      While rates rise of 9.88% may not be palatable to all ratepayers, environmental issues need adequate resource to fix

RC35/17

Resolutions

That Council:

1.      Confirms that Council is complying with section 82(a)(3) of the Local Government Act 2002 (LGA) in relation to the Consultation Document requirements for a Draft Annual Plan and that a special consultative procedure has been adopted for this consultation.

2.      Resolves that for the 2017-18 financial year that rates be increased by 4.88% (on the rates set for 2016-17) to fund a “business as usual” delivery of Council’s services.

4.      Adopts the following accountability documents, as amended at this meeting, to the Draft Annual Plan 2017-18 and Consultation Document:

4.1.      Group of Activity proposed performance measures

4.2.      Financial Information, including Funding Impact Statement, sample rates for specific properties and the Resource Management charges.

5.      Approves the proposed scale and schedule of charges as set out in the “Resource Management Charges” as included as part of the Annual Plan supporting accountability documents, and that this is submitted in accordance with section 36(2) of the Resource Management Act 1991.

6.      Adopts the Consultation Document, as amended at this meeting by Council, which covers the Draft Annual Plan 2017-18 material change issues from the LTP.

Kirton/Wilson

CARRIED

3.      Resolves to increase total rates by a further 5% (on the rates set for 2016-17) to provide funding for addressing environmental hot spots by fast tracking environment projects. This will have the effect of increasing the rate level by 9.88% (on the rates set for 2016-17).

Kirton/Wilson

For: Belford, Bailey, Beaven, Kirton, Graham

Against: Hewitt, Wilson

CARRIED

The meeting adjourned at 11.54 am and reconvened at 11.59am

 

10.

Heretaunga Plains Urban Development Strategy Review

 

Mr Gavin Ide spoke to the item, outlining the process of review to date and advising that the Hastings District Council left the HPUDS review item on its Agenda (23 March) to lie on the table for councillors to further consider the information at a workshop before making any decisions; acknowledging the dearth of documentation elected representatives need to absorb to make informed decisions on HPUDS 2016. It was suggested there may be benefit to holding a joint NCC, HDC, HBRC workshop. Discussions covered:

·      Intensification targets for residential development are self imposed, and there are no penalties for TLAs not meeting those as this is a high level strategy, with no Statutory standing

·      35 year life of strategy came into effect in 2015

·      Concerns about residential development ‘creep’ onto productive land in Hastings specifically

·      Basis of HPUDS greenfields proposals in large part came from the Napier and Hastings individual District Plans and urban development strategies

·      Strategy proposes high level recommendations (signalled for possible development) that will be further investigated through infrastructure plan development, resource consent application, consultation and re-zoning processes that may very well prove

·      Suggested that Soil type classification be used to prohibit development on some land with specific highly productive soils, and reassessing the weighting of various factors considered when making decisions about where potential development might be allowed

·      Could there be a shorter timeframe to achieve proposed housing mix, with requirement that Napier and Hastings demonstrate how they will meet intensification targets

·      Measures to prevent land banking

·      Environmental effects of urban development, for example stormwater and wastewater discharges and HBRC input into requirements and considerations that TLAs must include in their decision making processes around residential development in district plans

·      Strongly agreed the desire to discuss related issues at an workshop for all Councils’ elected representatives

RC36/17

Resolution

That Council leaves the matter to lie on the table, until after a workshop between Hastings, Napier and Regional Council elected representatives have had the opportunity to workshop the issues concerning them.

Graham/Wilson

CARRIED

The meeting adjourned at 12.37pm and reconvened at 1. 10pm with Mr Mohi not in attendance

11.

Clifton to Tangoio Coastal Hazards Joint Committee Update and Stage 1 & 2 Recommendations

 

Mr Adye introduced the item, which was taken as read. The hard work of all those involved in the process, particularly community members sitting on the assessment panels, was acknowledged.

 

Recommendations

That Council:

1.      Receives and notes the “Clifton to Tangoio Coastal Hazard Strategy Joint Committee Update and Stage 1 & 2 Recommendations” report.

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

3.      Endorses the decision by the Clifton to Tangoio Coastal Hazard Joint Committee to adopt the following reports:

3.1.    Clifton to Tangoio Coastal Hazards Strategy 2120: Coastal Hazard Assessment. Tonkin & Taylor, May 2016

3.2.    Clifton to Tangoio Coastal Hazards Strategy 2120: Coastal Risk Assessment. Tonkin & Taylor, May 2016

3.3.    Clifton to Tangoio Coastal Hazards Strategy 2120: Decision Making Framework Mitchell Daysh, February 2017.

Beaven/Bailey

CARRIED

 

12.

Capital Structure Review – Scope and Process

 

Mr Andrew Newman, introduced the item which was taken as read. Discussions traversed:

·      The review proposed is designed as a stocktake, and forerunner to some reasonably significant work around Napier Port in particular, and where that’s best governed from

·      Results of the review should be reported initially through the Corporate & Strategic Committee to provide councillors with the opportunity to double-debate the recommendations

·      Suggestion that Napier Port Chairman be included as a member of the Advisory Committee responsible for providing the governance/sponsorship framework for review

·      the wider membership or composition of that Advisory Committee

·      Suggestion that there are 2 parts to the work, being the long term functions of HBRIC and a second focussed on the capital infrastructure requirements of the Port

Mr Mohi arrived at 1.24pm

·      It was suggested that several members of the community are suitably qualified and have sufficient expertise to assist Council with the review

·      Any Port infrastructure development poses significant risks to Council’s balance sheet and needs to be strategically aligned with the Council’s capital structure

RC37/17

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.      Agrees the scope of a review as outlined above subject to any input HBRIC Ltd Directors may wish to have.

3.      Forms a Capital Structure Review Advisory Committee comprising the HBRC Chairman, Rex Graham, Chairman of the HBRC Corporate & Strategic Committee, Neil Kirton, the Chairman of Hawke’s Bay Regional Investment Company Ltd Board of Directors, the Chairman of the Napier Port Board of Directors and two suitably qualified independent members to be confirmed by Council at its 26 April meeting.

4.      Sets aside a financial provision for $100,000 to be further refined once the Capital Structure Review Advisory Committee is established.

Beaven/Wilson

CARRIED

 

13.

Adoption of the 2017 HBRC Local Governance Statement

 

Mrs Liz Lambert introduced the item, outlining the statutory requirements related to the Governance Statement. Discussions traversed:

·      The Council’s functions in relation to articulating the region’s strategic direction and as the region’s economic development authority

·      Strategic assets and Waihapua Regional Park

·      Council’s Significance and Engagement Policy is included in the Statement as adopted November 2014, and due for review in 2019

·      The Governance Statement will need to be updated to reflect the Council’s new Strategic Plan once it has been adopted

RC38/17

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 2017 Local Governance Statement as attached, for publication.

Beaven/Kirton

CARRIED

 

20.

HBRIC Ltd Draft Statement of Intent 2017-18

 

Councillors Hewitt and Beaven, having declared a conflict of interest in this item as directors on the HBRIC Ltd board, left the meeting at 1.40pm

Mr Drury introduced the item, outlining the process required for Council’s approval of HBRIC’s 2017-18 Statement of Intent, before detailing the changes to the SoI from last year’s. Discussions traversed:

·      HBRIC Ltd is able to borrow up to 5% of its value for investment and working capital , with Council approval required for any amounts greater than that

·      Napier Port dividend and schedule for those payments to HBRC

·      Queried the possibility to secure an ‘extraordinary’ $1M dividend from the Port, through resolution on the 2017-18 Statement of Intent or by altering the 2016-17 SoI

·      Market valuation of Napier Port is based on market profitability

·      Unsecured loan facility for Napier Port is 5% of $230 M

·      Remove Napier Port from the list of

·      Suggested that Napier Port be removed from HBRIC Ltd’s Portfolio of Investments as detailed in the Mission Statement within the SoI – being that HBRIC is a Strategic Asset, a special consultative procedure has to be undertaken if Council wants to make significant changes

·      A desire for discussions around the Governance of the Port including reporting directly to Council rather than through HBRIC

·      Focus of HBRIC ought to be on water storage

 

Recommendations

That Council:

1.      Resolves to provide clarity to HBRIC Ltd on the dividend levels to be included in the Statement of Intent (SoI) 2017-18, and that under the authority provided by the Local Government Act, schedule 8, section 5, the Council as shareholder requires HBRIC Ltd to modify the SoI to include:

1.1       A dividend level for 2017-18 of $10.5M (if the RWSS proceeds with financial close estimated at January 2018), and $9.98M (if the RWSS does not proceed or financial close is delayed until 2018-19).

1.2       The dividend levels to be included in the SoI for years 2018-19 and 2019-20 should be left as “to be advised” (TBA).

1.3       That the ability for HBRIC Ltd to borrow for investment/working capital purposes at any sum greater than 5% of the value of HBRIC Ltd be subject to Council approval.

1.4       Signals that discussions about removing Napier Port from HBRIC Ltd’s Portfolio of Investments have been initiated by Council.

2.     Undertakes to provide any further comments on the Draft SoI to HBRIC Ltd by 1 May 2017 (LGA Sch8 cl3) to enable delivery of the completed Statement of Intent to Council on or before 30 June 2017.

Kirton/Graham

Councillor Wilson left the meeting at 1.05pm and therefor the quorum was lost and the meeting lapsed – with this item deferred to the 26 April Regional Council meeting

The meeting was closed at 1.05pm, having lost the quorum.

 

The meeting reconvened at 1.15pm, with Councillors Wilson, Hewitt and Beaven in attendance

14.

HBRIC Ltd March 2017 Update

 

The paper was taken as read.

RC39/17

Resolution

That Council receives and takes note of the “HBRIC Ltd March 2017 Update” report.

Bailey/Kirton

CARRIED

 

15.

Update on Havelock North Water Contamination Inquiry Expenditure

 

Mr Maxwell spoke to the item, adding that the reporting date for Stage 1 is now 12 May and Stage 2 is 8 December, and that HBRC is expecting a final invoice from Chen Palmer for another $70k. HBRC acknowledged some fault in relation to the NES for Drinking Water Standards process not effectively documented; risk profile for bore compliance monitoring and 2008 HDC consent replacement. Council’s liability insurance does not cover any of Council’s costs for the Inquiry. Stage 2 terms of reference from the Board of Inquiry will provide the scope of Council’s response.

RC40/17

Resolution

That Council receives and notes the “Update on Havelock North Water Contamination Inquiry Expenditure” report.

Bailey/Wilson

CARRIED

 

16.

HBRC Staff Work Programme through April 2017

 

·      Encourage councillors to attend the East Coast Farming Expo in Wairoa on 5 & 6 April

·      Water Symposium dates are under discussion – for the public to have their say and ask questions of technical experts as well as an opportunity for TANK stakeholder group to publicise its work

·      Shallow nitrate sampling programme feeds into the SoE monitoring and reporting cycle

RC41/17

Resolution

That Council receives the HBRC Staff Work Programme through April 2017 report.

Belford/Bailey

CARRIED

 

17.

Chairman's Report (tabled as follows)

 

20 Feb         Attended Iwi initiated Taniwha Dragon Summit (Day 1).  Had meetings with Iwi Leaders and Treaty Settlement Chairs

                    Attended dinner with Prime Minister at Craggy Range

21 Feb         Attended Iwi initiated Taniwha Dragon Summit (Day 2)

                    Attended Te Aranga Marae Powhiri for Kingi Tanga, Kapa Haka Group

                    Returned to Summit, where I spent the evening

22 Feb         Regional Council Meeting

                    Attended Matatini Powhiri at McLean Park

                    Attended Matatini function at Ngahiwi Tomoana’s House

                    Attended “Kings Dinner” function at Te Awa Winery

23 Feb         Attended Matatini festival at the Regional Sports Park

24 Feb         Attended Matatini festival all day

                    Met with Chair of HBRIC Ltd at Regional Sports Park

                    Attended Waka function at Matahiwi Marae

25 Feb         Attended Matatini all day

26 Feb         Attended Powhiri at Kopatiki Marae to open new Pou on the Karamu stream

                    Afternoon at Matatini

27 Feb         Attended Local Government Leader’s Forum

                    Met with HB Athletics Committee

28 Feb         Attended Powhiri at Tukituki River Mouth

                    Attended meeting at Hastings District Council on Food Innovation concept

1 March        Regional Planning Committee

2 March        Met with Rural Direction – Brett Pattison

                    Met with two Rescue Helicopter Trustees

3 March        Met with Rachael Cornwell of Red Consulting

                    Met with the General manager of the Rescue Helicopter Trust, Ian Wilmot

                    Met with Sir Graeme Avery

4 March        Visited the Relay for Life event

7 March        Travelled to Wairoa and met with the Chair of the Wairoa Maori Committee, Paul Kelly

                    Met with the new Chair of the Wairoa Treaty Settlement Group, Leon Symes

                    Attended a Wairoa Council session with the Mayor and Cr Fenton Wilson

8 March        Council Workshop

9 March        Met with Gary Clode and Dave Paku to discuss the Awahou Stream

 

10 March      Attended meeting with Napier Port Chair and CEO of HB Pipfruit Growers

                    Attended meeting with Regional Planning Committee representatives concerning how we can improve communication with Tangata Whenua

                    Visited the Horse of the Year

13 March      Met with Shayne Walker of Maungaharuru Tangitu Trust

                    Attended meeting with REDS Consulting

                    Dinner with Chinese Agri Businessman Mau Wah, the largest produce grower and marketer in China.   Controls 1% of the Chinese produce market

14 March      Spend the day with Mau Wah and local corporate fruit growers

15 March      Regional Council workshop

                    Environment and Services Committee meeting

16 March      Auckland – private business

17 March      Attended meeting with the National Oil and Gas representatives from PEPANZ Cr Paul Bailey and Mr James Palmer also attended this meeting

20 March      Attended Powhiri for opening of the first stage of Waitangi Park and the Celestial Compass.  Crs Bailey, Beaven, Barker, Kirton also attended

                    Attended Regional Sports Park meeting

                    Attended Group Manager Asset Management, Mike Adye’s, retirement function

21 March      Met with the new Chair of Whakaki Esturay, Richard Brooking

                    Attended a meeting with the Regional Mayors and the Matariki Governance Group

                    Met with the U-Turn Trust CEO and a Trustee to discuss a concept of establishing an Eco Village and affordable housing on Te Taiwhenua land which surrounds Te Aranga Marae in Flaxmere

22 March      Attended the first part of the TANK meeting and the presentation of a Maori drama group highlighting Tangata Whenua’s position on water, streams, rivers and lakes

                    Attended meeting at the Iwi office with the iwi Chair, Iwi staff, Guardians of the Aquifer and a HB well driller

23 March      Attended new HBRIC Ltd Directors selection meeting

                    Met with officers from the Office of the Auditor-General

                    Attended function to open the new Napier Conference Centre, Cr Alan Dick also attended.

24 March      Met with U-Turn CEO and Celestial Compass carver

                    Met with the new Central Hawke’s Bay Advocate Group

                    Met with Chairman of the Owners of the land and Lake Bed at the northern end of Tutira Lake, Henare Ratima, Graeme Hansen and Te Kaha Hawaikirangi also attended

                    At 8.30pm this evening I was informed that a staff member had failed to return home and was missing.  Later that night it was confirmed to me that an accident had occurred, that Police were at the scene and we were awaiting their report.

25 March      I was officially informed that one of our team had been tragically killed in a vehicle accident whilst at work.   My wife and I visited the family and Liz Lambert accompanied us.

The month did not end well.

 

The Chairman highlighted events from his report including Matatini, a powhiri at Waipatu Marae, opening of the Celestial Compass, and a visit to Wairoa to attend a district council meeting.

RC42/17

Resolution

That Council receives the Chairman’s report.

Graham/Beaven

CARRIED

 

 

18.

Items of Business Not on the Agenda

 

 

 

 

 

 

 

 

RC43/17

Urgent items of Business (supported by tabled CE or Chairpersons’ report)

 

Item Name

Reason not on Agenda

Reason discussion cannot be delayed

1.           

Additional Appointment to the CE Appointments Sub-committee

Result of recent discussions

Recruitment process is already under way, with shortlisting likely to be undertaken

 

The Chairman tabled a request that the Co-Chairman of the Regional Planning Committee, Toro Waaka, be included in the interview process for the CE.

 

Resolution

That Council confirms that the Interview process for selection of the new HBRC Chief Executive will include the appointed consultant, all Councillors, Toro Waaka and Mike Mohi.

Wilson/Bailey

CARRIED

 

1.2.   Minor items for discussion only

Item

Topic

Councillor / Staff

1.   

Ballance farm environment award

The winner’s property, Philip Holt, is in the Ahuriri catchment headwaters, as is the property of the second place winner. Encourages all councillors to go to the field day. 

Cr Wilson

2.   

Attendance at Michael Taylor’s funeral

Rex will attend, and the office will be closed to allow staff to attend. Two staff are pall bearers at the family’s request

Mr Mohi

3     

Request for a fieldtrip to Tutira, including a visit to the foresty block

Cr Graham

 

 

 

19.

Confirmation of the Minutes of Public Excluded Regional Council Meeting Held on 22 February 2017

RC44/17

Resolution

That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 19 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.

 

Wilson/Bailey

CARRIED

 

19.                Public Excluded Minutes of the Regional Council Meeting held on Wednesday, 22 February 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Wilson/Bailey

CARRIED

 

Resolution

RC45/17       That the meeting moves out of Public Excluded session.

Wilson/Bailey

CARRIED

 

The meeting went into public excluded session at 2.48pm and out of public excluded session at 2.50pm

 

Closure:

There being no further business the Chairman declared the meeting closed at 2.50pm on Wednesday 29 March 2017.

 

Signed as a true and correct record.

 

 

 

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