Agenda of Regional Council Meeting

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 10 May 2017

Subject: Review of the Ruataniwha Water Storage Scheme

Reason for Report

1. This report provides the findings of the review of the Ruataniwha Water Storage Scheme (RWSS) carried out in line with Council’s agreed scope, through presentation of the Review Report and Appendices.

Background

2. The Council agreed that the purpose of the Review was to ensure that “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.” It should be noted that the Council agreed that while the purpose of the review was not to recommend to councillors whether to proceed, abandon or shelve the RWSS, the review would provide the Council with an opportunity to reconsider and reset the ‘conditions precedent’ for the scheme should they choose to continue with its development.

3. The Review was conducted independently of both councillors and the RWSS developers, the Hawke’s Bay Regional Investment Company (HBRIC Ltd). However, in commissioning the Review the Council agreed that the approach should be to “leverage the knowledge of internal staff and existing advisors to the greatest extent possible and use ‘fresh’ eyes by exception where councillors identify this as being necessary.”

4. In any event, ‘fresh eyes’ were used to examine evidence and provide advice on most matters in this process. However, it has been necessary to have some dependence on the evidence and opinions of several individuals with prior associations with the scheme. Where this has taken place their evidence and opinions have been subject to further review and consideration by fresh advisors working through this Review process.

Decision Making Process

5. As this report is for information only, the Local Government Act decision making provisions do not apply.

Recommendations

That Council receives and notes the “Ruataniwha Water Storage Scheme Review” report.

Authored and Authorised by:

James Palmer

Group Manager
Strategic Development

Attachment/s

⇩1	Costs, Benefits, Risks & Opportunities
⇩2	4 May 2017 HBRIC Ltd Letter to HBRC re RWSS Review
⇩3	HBRIC Ltd Supplementary Report re Water Update Condition Precedent
⇨4	Ruataniwha Water Storage Scheme Review Report	Under Separate Cover
⇨5	Issue 1 Appendix 1 Sainsbury Logan and Williams 29Nov16 Cover Letter	Under Separate Cover
⇨6	Issue 1 Appendix 2 Sainsbury Logan and Williams 29Nov16 Land Swap Appeal Opinion	Under Separate Cover
⇨7	Issue 2 Appendix 3 Sainsbury Logan and Williams 27Mar17 RWSS Withdrawal Process	Under Separate Cover
⇨8	Issue 2 Appendix 4 Lara Bloomfield SLW PC6 without RWSS Liability Opinion 27Mar17	Under Separate Cover
⇨9	Issue 2 Appendix 5 HBRC Public Notice PC6 4May13	Under Separate Cover
⇨10	Issue 3 Appendix 6 Blair O'Keeffe Bell Gully 7Apr17 Memorandum RWSS shelving costs and liabilities	Under Separate Cover
⇨11	Issues 4 & 5 appendix 7 John Palairet Revenue & Expenditure & Impacts Review	Under Separate Cover
⇨12	Issues 6 & 8 Appendix 8 Chris Morrison Lewis Tucker April 2017 Commercial Review Report	Under Separate Cover
⇨13	Issue 7 Appendix 9 Advice on barriers to faster uptake Blair O'Keeffe 17Mar17	Under Separate Cover
⇨14	Issue 9 Appendix 10 Grant Pechey HBRC Butcher Report Summary 040517	Under Separate Cover
⇨15	Issue 10 Appendix 11 Tom Skerman 10Apr17 Downstream Production Demand	Under Separate Cover
⇨16	Issue 12 Appendix 12 Ned Norton 7Apr17 Nutrient Leaching	Under Separate Cover
⇨17	Issue 12 Appendix 13 Memo Lachie Grant & Ian Millner On-farm management practices	Under Separate Cover
⇨18	Issue 12 Appendix 14 WQE Memo from Andy Hicks to Ned Norton 13Apr17	Under Separate Cover
⇨19	Issue 12 Appendix 15 Dougall Gordon 21Feb17 Groundwater Nitrate State and Trends Assessment	Under Separate Cover
⇨20	Issue 13 Appendix 16 Nathan Heath 6Apr17 PC6 without RWSS	Under Separate Cover
⇨21	Issue 13 Appendix 17 Nathan Heath HBRC Appendices 6Apr17	Under Separate Cover
⇨22	Issue 14 Appendix 18 John Bright Aqualinc 7Apr17 Tukituki Minimum Flows	Under Separate Cover
⇨23	Issue 15 Appendix 19 Barrie Riddler 31Mar17 Dry Land Farming Without Irrigation	Under Separate Cover
⇨24	Issue 16 Appendix 20 Richard Measures NIWA 11Apr17 Flushing Flows Analysis	Under Separate Cover
⇨25	Issues 17 & 18 Appendix 21 Shane Lambert HBRC Legal advice PC6 DIN levels & farmer obligations 1May2017	Under Separate Cover
⇨26	Issues 17 & 18 Appendix 22 Malcolm Miller April 2017 RWSS Resource Consents	Under Separate Cover
⇨27	Issues 17 & 18 Appendix 23 Malcolm Miller table appended	Under Separate Cover
⇨28	Appendix 23A Summary of RWSS Resource Consents	Under Separate Cover
⇨29	Issue 19 Appendix 24 Dam to avoid DOC land 5Apr17	Under Separate Cover
⇨30	Issue 20 Appendix 25 Graeme Hansen Alternative Dam Sites Apr2017	Under Separate Cover
⇨31	Issue 20 Appendix 26 Additional Engineering info for Dan Elderkamp Apr17	Under Separate Cover
⇨32	Issue 22 Appendix 27 Gravel seismic decommissioning Graeme Hansen 28Apr17	Under Separate Cover
⇨33	Issue 24 Appendix 28 David Leong Tonkin Taylor 17Mar17 Makaroro Water Balance and Flow	Under Separate Cover
⇨34	Issue 24 Appendix 29 Rob Waldron April 2017 Additional Info for Colin Riden	Under Separate Cover
⇨35	Issue 24 Appendix 30 Kathleen Kozyniak 6Apr17 Annual Rainfall Data	Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 10 May 2017

Subject: Plan Change 5 Appeal - Confidential Settlement Offer

That Council excludes the public from this section of the meeting, being Agenda Item 5 Plan Change 5 Appeal - Confidential Settlement Offer 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

Plan Change 5 Appeal - Confidential Settlement Offer

7(2)(c)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide and would be likely otherwise to damage the public interest.

7(2)(g) 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 maintain legal professional privilege.

7(2)(i) 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 enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Authored by:

Gavin Ide

Manager, Strategy and Policy

Approved by:

James Palmer

Group Manager
Strategic Development