MINUTES OF A meeting of the Regional Council
Date: Wednesday 31 May 2017
Time: 10.15am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
P Bailey
R Barker (until 11.15am)
P Beaven
T Belford
A J Dick
D Hewitt
N Kirton
F Wilson
In Attendance: M Mohi – Chairman – Maori Committee
G Woodham – Interim Chief Executive
G Hansen – Group Manager Asset Management
J Palmer – Group Manager Strategic Planning
E Lambert – Group Manager External Relations
P Drury – Group Manager Corporate Services
L Hooper – Governance Manager
The Chairman welcomed everyone to the meeting, specifically Mayors Yule, Dalton and Walker and Mr Mohi offered a karakia.
Resolution
RC60/17 That the apology from Councillor Barker for absence to attend an appointment at 11.45am is accepted.
Bailey/Kirton
CARRIED
The Chairman advised that the items on the Agenda would be considered out of order, with decision items 21. RWSS Conditions Precedent and 10. Recommendations from the Corporate and Strategic Committee to be dealt with first and item 6. Te Kahu o te Amorangi – Matatini presentation will be at 1.00pm
RWSS Conditions Precedent |
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James Palmer introduced the item, outlining the history of the Ruataniwha Water Storage Scheme before explaining proposed changes to the Conditions Precedent for the Council’s investment in the Scheme and outcomes from the review. Mr Palmer tabled advice from HBRIC Ltd in relation to the company’s feedback on the Council’s proposed changes and additions to the Conditions Precedent and recommendations from the Corporate and Strategic Committee to be considered as part of item 10. In relation to the proposed amended Conditions Precedent and related recommendations to Council today, Blair O’Keeffe advised that the HBRIC Ltd board had not seen or discussed the details of those as yet and will meet to do so as soon as practical. Queries and discussions covered: · Existing requirement of BoI decision for all farmers to have an approved FEMP by June 2018 · RWSS resource consent condition requiring amended Environmental Management plan six months in advance of water delivery · Scheme required to demonstrate how it will meet its consent condition requirements |
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. Notes that the Council’s current 2015-2025 Long Term Plan includes an existing commitment to investment in the RWSS subject to the Council’s Conditions Precedents being met, that this was subject to consultation under the Local Government Act’s Special Consultative Procedure, and this remains current Council policy. 3. Notes that the Condition Precedent of workable resource consents was deemed to be satisfied by the Council on 8 July 2016, but may require reconfirmation depending upon the outcome of any Environment Court declaration on interpretation of the consents conditions. 4. Notes that the Condition Precedent for a bankable construction contract was deemed to be satisfied by the Council on 8 July 2016, but may require reconfirmation subject to any material variations that may arise prior to financial close. Barker/Kirton CARRIED 5. Agrees to amend the Condition Precedent on water sales, which had been deemed by the Council to have been satisfied on 8 July 2016, from 40M m3 to 50M m3. Barker/Beaven CARRIED 6. Agrees that a new Condition Precedent for the Council’s investment in the RWSS be introduced that “the land exchange involving Department of Conservation land be resolved prior to proceeding to Financial Close”. Barker/Beaven CARRIED 7. Agrees that a new Condition Precedent for the Council’s investment in the RWSS be introduced “that there be further review of the existing environmental management package for the RWSS, including approaches to managing nitrogen and phosphorus under Farm Environment Management Plans and impact of flushing flows, and that package meets the satisfaction of the Council at least 2 months prior to financial close”. Dick/Wilson Councillor Belford moved an amendment, seconded by Councillor Kirton; being to replace recommendation 7 (above) with: 7. Agrees that a new Condition Precedent for the Council’s investment in the RWSS be introduced that “Prior to financial close, Council must be satisfied that the nutrient management requirements set for all farmers in the catchment under Plan Change 6 and related consents, as well as other environmental outcomes required by the Board of Inquiry, can be met through practices committed to in Farm Environmental Management Plans (with a reasonable number approved prior to financial close) and other environmental management measures. Belford/Kirton For: Barker, Bailey, Beaven, Wilson, Belford, Kirton, Graham Against: Dick, Hewitt CARRIED The amendment was CARRIED and so became the substantive MOTION. 7. Agrees that a new Condition Precedent for the Council’s investment in the RWSS be introduced that “Prior to financial close, Council must be satisfied that the nutrient management requirements set for all farmers in the catchment under Plan Change 6 and related consents, as well as other environmental outcomes required by the Board of Inquiry, can be met through practices committed to in Farm Environmental Management Plans (with a reasonable number approved prior to financial close) and other environmental management measures”. Belford/Kirton CARRIED Councillor Barker was excused at 11.15 am 8. Notes that HBRIC Ltd has recommended that the Council reconsider its requirement for HBRIC Ltd to increase distributions to provide a guaranteed 6% annual return on its investment in the Scheme and that it may wish to do so during the development of the Financial Strategy for the 2018-2028 Long Term Plan as informed by the Capital Structure Review process. Beaven/Kirton CARRIED 9. Agrees to amend the condition precedent on funding to read "Securing the funding required to build and operate the RWSS infrastructure on terms acceptable to the investors.” Beaven/Kirton Councillor Hewitt moved an amendment, seconded by Councillor Wilson, being to add “pre-agreed” in front of the word “terms” Hewitt/Wilson LOST The amendment was LOST and so the Substantive Motion PUT 9. Agrees to amend the condition precedent on funding to read "Securing the funding required to build and operate the RWSS infrastructure on terms acceptable to the investors.” CARRIED |
The meeting adjourned at 11.45 and reconvened at 11.55am
2. Conflict of Interest Declarations
There were no Conflict of Interest declarations.
3. Confirmation of Minutes of the Regional Council meetings held on 26 April and 10 May 2017
RC62/17 |
Minutes of the Regional Council meeting held on Wednesday, 10 May 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. Dick/Beaven CARRIED |
Minutes of the Regional Council meeting held on Wednesday, 26 April 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. Belford/Bailey CARRIED |
Follow-ups from Previous Regional Council Meetings |
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Mr James Palmer spoke to the item, updating the status of the items listed. There was discussion relating to the HPUDS review workshop and processing LGOIMA requests. |
That the Council receives the report “Follow-up Items from Previous Meetings”. CARRIED |
Call for Items of Business Not on the Agenda |
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That Council accepts the following “Items of Business Not on the Agenda” for discussion as Item 18: Minor items for discussion only
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Recommendations from the Corporate and Strategic Committee |
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Councillor Kirton, as Chairman of the Corporate and Strategic Committee, introduced the item. |
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. Ruataniwha Water Storage Scheme Next Steps 2. Requests the Board of HBRIC Ltd considers extending the moratorium on further RWSS expenditure to one month after the DoC land transfer matter has been resolved. 3. Requests that the existing agreement between HBRIC Ltd and HBRC relating to the moratorium is modified to include Council’s support for HBRIC Ltd incurring necessary expenditure to roll over Foundation Water User Agreements and to comply with resolutions made in Agenda item 21 on 31 May 2017; being: 3. Notes that the Condition Precedent of workable resource consents was deemed to be satisfied by the Council on 8 July 2016, but may require reconfirmation depending upon the outcome of any Environment Court declaration on interpretation of the consents conditions. 4. Notes that the Condition Precedent for a bankable construction contract was deemed to be satisfied by the Council on 8 July 2016, but may require reconfirmation subject to any material variations that may arise prior to financial close. 5. Agrees to amend the Condition Precedent on water sales, which had been deemed by the Council to have been satisfied on 8 July 2016, from 40M m3 to 50M m3. 6. Agrees that a new Condition Precedent for the Council’s investment in the RWSS be introduced that “the land exchange involving Department of Conservation land be resolved prior to proceeding to Financial Close”. 7. Agrees that a new Condition Precedent for the Council’s investment in the RWSS be introduced that “Prior to financial close, Council must be satisfied that the nutrient management requirements set for all farmers in the catchment under Plan Change 6 and related consents, as well as other environmental outcomes required by the Board of Inquiry, can be met through practices committed to in Farm Environmental Management Plans (with a reasonable number approved prior to financial close) and other environmental management measures”. 8. Notes that HBRIC Ltd has recommended that the Council reconsider its requirement for HBRIC Ltd to increase distributions to provide a guaranteed 6% annual return on its investment in the Scheme and that it may wish to do so during the development of the Financial Strategy for the 2018-2028 Long Term Plan as informed by the Capital Structure Review process. 9. Agrees to amend the condition precedent on funding to read "Securing the funding required to build and operate the RWSS infrastructure on terms acceptable to the investors.” 4. Requests staff provide advice to the Regional Planning Committee on the implementation issues arising for Plan Change 6 and the costs and benefits of a plan change to Plan Change 6, including an assessment of the financial and work programme implications for the Council. 5. Requests that staff engage with the Environmental Defence Society and Fish and Game New Zealand, and invites HBRIC Ltd to participate, on the scope of a potential application to the Environment Court for a ruling on the interpretation of any Plan Change 6 provisions and/or any Ruataniwha Water Storage Scheme consent conditions, and reports to the Regional Planning Committee. Kirton/Beaven CARRIED Capital Structure Review – Scope and Process 6. Confirms the appointments of Mr David Shand and Mr Jim Scotland as independent members of the Capital Structure Review Advisory Committee. Reports Received 7. Notes that the following reports were provided to the Corporate and Strategic Committee meeting: 10.1. Chief Executive Appointment (resolved as Decision of Council) 10.2. HB Tourism Update 10.3. Quarterly Council Communications Update 10.4. Health and Safety Update Report for the Period 1 January through 30 April 2017. CARRIED |
The meeting adjourned at 12.25pm and reconvened at 1.00pm – with Councillors Barker and Beaven absent, Councillor Beaven having been excused due to illness
Te Kahu O Te Amorangi - Matatini Presentation |
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Mr Mohi formally welcomed Te Kahu o te Amoranga representatives Narelle Huata, Traci Tuimaseve, Chrissie Hape and Hira Huata who made a presentation thanking the Council for the financial contribution made to Ngati Kahungunu for assistance hosting Te Matatini, including presentation of a commemorative plaque and statue. |
Recommendations from the Environment and Services Committee |
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Councillor Belford, as Committee Chairman, introduced the item before Mr Campbell Leckie spoke to the recommendations in relation to the Regional Pest Management Plan review including some additional feedback that has been received on, and incorporated into, the Discussion Document. |
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. Transforming Biodiversity In Hawke’s Bay 2. Endorses the principle of Hawke’s Bay being the first region to align itself to the Predator Free NZ 2050 goal. 3. Requests that staff seek community feedback on this aspirational goal through the Regional Pest Management Plan review and discussion document. 4. Requests that staff bring a detailed proposal for consideration to Council through the 2018-28 Long Term Plan development process, discussing the regional rollout of predator control alongside associated leveraged funding partners. Regional Pest Management Plan Review and Discussion Document 5. Adopts the Terms of Reference for the Biosecurity Working Party, incorporating the agreed amendments requested by the Environment and Services Committee on 17 May 2017; being: Biosecurity Working Party Terms of Reference (Adopted by Council Resolution 31 May 2017) 1) Responsible for considering and recommending to staff advice on the Regional Pest Management Plan review process and key issues. Discussion document1.1 To consider reports on the Regional Pest Management Plan and to give guidance on recommended approach. 1.2 To review and give guidance on the discussion document Proposal3.1 To review and give guidance on the proposal 3.2 To provide guidance on the alignment of the Regional Pest Management Plan and the objectives of the Hawkes Bay Biodiversity Strategy. Submissions4.1 To review and give guidance on received submissions Members: Three appointed Councillors, being: Fenton Wilson, Rex Graham and Tom Belford. Three appointed members of the Regional Planning Committee, being: Karauna Brown, tbc and tbc Chairman: A member of the Working Party as elected by the Party, being: Deputy Chairman: A member of the Working Party as elected by the Party, being: Meeting Frequency: Four meetings held on the 17 April, 31 August, 7 November 2017 and 21 March 2018 Staff Executive: Land Services Manager – Campbell Leckie Principle Biosecurity Advisor – Mark Mitchell
6. Accepts the Regional Pest Management Plan Review discussion document, incorporating the agreement amendments as requested by the Environment and Services Committee on 17 May 2017. Biosecurity 2017-18 Operational Plans 7. Accepts the Biosecurity 2017-18 Operational Plans as the basis for HBRC Biosecurity Operations through the 2017-18 financial year. Processing of Water Bottling Resource Consent Applications 8. Provides clarification of the Council policy position on the taking of water for water bottling to staff by: 8.1. Amending the definition of water bottling to read “taking and using water for bottling in bottles, bladders or other containers for human consumption, where the water taken makes up at least 90% content of the container.” 8.2. Amending the Hearings Committee Terms of Reference to include the delegations to hear and decide applications for lapse date extensions for water bottling resource consents. 8.3. Advising that all applications to change any of the conditions of a water take resource consent for water bottling will be publicly notified. 8.4. Advising that all applications to transfer a water bottling resource consent, in part or in full, from site to site will be publicly notified. Reports Received 9. Notes that the following reports were provided to the Environment and Services Committee on 17 May 2017: 9.1. Implementation of the Hawke’s Bay Biodiversity Strategy (presentations by Jan Hania and Dr Charles Daugherty) 9.2. OECD Environmental Performance Review and Public Perception Survey of NZ’s Environment 2016 9.3. Feedlot and Feedpad Management Update (resolved: requests that staff work on a rule change in order to properly control Feedpads and Feedlots and refer to Regional Planning Committee) 9.4. Stormwater Management (resolved: asks staff to respond to the next Environment and Services Committee with an update on compliance processes, environmental issues and resource consent processes) 9.5. Clive River Dredging 9.6. Regulation and Operational Update. CARRIED |
Recommendations from the Finance, Audit and Risk Sub-committee |
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Mr Greg Woodham introduced the item, advising that the result of the HB LASS tender process for Internal Audit Provision has been received. |
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. Progress on HB LASS Tender for Internal Audit Provision 2. Requests that staff report to a future Corporate and Strategic Committee meeting on the Internal Audit process, terms of engagement with HB LASS Ltd and participating councils, and advantages that flow through to this Council. Reports Received 3. Notes that the following reports were provided to the Finance Audit and Risk Sub-committee. 3.1 Operational Efficiency Review (referred to the Corporate & Strategic Committee, including recommendations). 3.2 Capital Structure Review (referred to the Corporate & Strategic Committee including recommendations re Advisory Committee membership and adding Napier Port Ownership examination to the Scope) 3.3 2017 Sub-Committee Work Programme 3.4 Proposed 2017-18 Council Insurance Programme 3.5 Internal Audit Report - Taxation Compliance Review. CARRIED |
Capital Structure Review – Scope and Process |
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Mr Greg Woodham introduced the item, outlining the contents of the report. There was discussion around: · the meeting processes to be followed by the Panel, its composition and role as advising Council · this review is a strategic piece of work to inform the Financial Strategy going into the LTP process. |
That Council: 1. Agrees that the Capital Structure Review Committee is renamed the Capital Structure Review Panel to accurately reflect its role as an Advisory group, and not a decision-making Committee of Council. Kirton/Dick CARRIED 2. Confirms the membership of the Capital Structure Review Advisory Panel comprises 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, being Mr David Shand and Mr Jim Scotland. Kirton/Belford CARRIED 3. Receives and notes the “Capital Structure Review – Scope and Process” staff report 4. 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. 5. Amends the Capital Structure – Scope and Process document to include: 5.1. Examines the arguments for and against retaining ownership of Napier Port in HBRIC Ltd or moving to direct ownership by Council, with such arguments to include but not be limited to tax considerations. CARRIED |
Item - 10. Recommendations from the Corporate and Strategic Committee - was considered immediately following item 21.
Resource Consents Delegations |
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Mr James Palmer introduced the item, which is a temporary change to delegations to address workload issues and changes of roles and responsibilities. |
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. That pursuant to s34A(1) of the Resource Management Act 1991 the Council delegates all the powers, duties and functions that are delegated to the Group Manager Resource Management also to the Group Manager External Relations. CARRIED |
Operational Efficiency Review Report |
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Mr Greg Woodham introduced the item, outlining the development of his report. Some initiatives are already being implemented or pursued and James Palmer as Chief Executive will take recommendations from the review forward. |
That Council: 1. Receives and notes the “Operational Efficiency Review” 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. Refers the recommendations made by the Operational Efficiency Review report to the incoming Chief Executive for consideration and reporting back to Council, where appropriate, on initiatives for implementation. CARRIED |
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Report from the Regional Planning Committee |
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The report was taken as read. |
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. 2. Notes that the following reports were provided to the Regional Planning Committee: 2.1. Government's "Clean Water" Reform Proposals (resolved submission for lodging under delegation from Council) 2.2. Science Inputs to Regional Planning Committee Work Plan 2017-18 2.3. Plan Change 5 Appeal - Confidential Settlement Offer (PE recommendation to 10 May Council to reject the offer) CARRIED |
Affixing of the 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.
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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. CARRIED |
Item - 21. RWSS Conditions Precedent - was considered as the first item of business for the day.
Councillors Hewitt and Wilson left the meeting at 2.45pm
Government's "Clean Water" Reform Proposals and Submission (Swimmability) |
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Mr James Palmer introduced the item, advising that the Ministry’s deadlines have created a difficulty with staff bringing submissions before the RPC and Council for consideration and approval within the meeting cycles. Councillor Hewitt rejoined the meeting at 2.50pm Councillor Wilson rejoined the meeting at 2.52pm |
That the Council: 1. Receives and notes the “Government's "Clean Water" Reform Proposals and Submission (swimmability)” 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 the Committee 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. Adopts the submission already lodged with the Ministry for the Environment in respect of the Clean Water (swimmability provisions) as provided. CARRIED |
Update on Havelock North Water Contamination Government Inquiry |
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Mrs Liz Lambert introduced the item, which was prepared by Mr Maxwell who is currently out of the country, which outlines what actions the Regional Council is taking or will undertake to address the matters raised in the Inquiry’s stage 1 findings and recommendations. Mitchell Daysh Ltd has engaged with the Inquiry Panel and counsel for the Councils, with very positive feedback on the proposal for a joint submission being prepared for Stage 2 of the inquiry. Key findings of the Inquiry relate to considerations HBRC makes in relation to any application for public drinking water. Immediate actions already under way include clarifying processes for the assessment of applications, particularly for activities that may impact on Drinking Water and may affect drinking water standards as well as working through a ‘pre-application’ phase to assist TLAs with identifying and/or eliminating appropriate bore sites for the supply of drinking water. Since the contamination event, HBRC has been engaging with TLAs re drinking water infrastructure, and initiated a programme of investigating un-used/uncapped bores. A review of the risk assessment of compliance situations where there is a low probability but high consequence/risk will be undertaken. Joint working group includes HB DHB representatives as well as staff from HBRC and TLAs. Councillor Hewitt left the meeting at 3.00pm Councillor Dick left the meeting at 3.05pm |
That Council receives and notes the “Update on Havelock North Water Contamination Inquiry” report. CARRIED |
HBRC Staff Work Programme through June 2017 |
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The report was taken as read, with queries of staff covering the HAWQi coastal monitoring buoy recalibration, the science and research strategy which drives the science programme and projects, air monitoring at Marewa Park and land science projects. |
That Council receives the HBRC Staff Work Programme through June 2017 report. CARRIED |
Chairman's Monthly Report (tabled following) |
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There was a query around whether councillors could be given advanced advice about upcoming events they may wish to be involved in, e.g. Federated Farmers AGM. |
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That the Council receives the Chairman’s report. CARRIED |
Confirmation of Public Excluded Minutes of the Regional Council meeting held on 26 April 2017 |
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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:
CARRIED |
Confirmation of Public Excluded Minutes of the Regional Council meeting held on 10 May 2017 |
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That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 20 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:
CARRIED |
19. Confirmation of Public Excluded Meeting Held on 26 April 2017
RC79/17 Public Excluded Minutes of the Regional Council meeting held on Wednesday, 26 April 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
20. Confirmation of Public Excluded Meeting Held on 10 May 2017
RC80/17 Public Excluded Minutes of the Regional Council meeting held on Wednesday, 10 May 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
RC81/17 That the meeting moves out of Public Excluded session.
Kirton/Wilson
CARRIED
The meeting went into public excluded session at 3.32pm and out of public excluded session at 3.33pm
Closure:
There being no further business the Chairman declared the meeting closed at 3.33pm on Wednesday 31 May 2017.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................