MINUTES OF A meeting of the Regional Council

 

 

Date:                          Wednesday 30 August 2017

Time:                          10.15am

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

J Palmer – Chief Executive

E Lambert – Group Manager External Relations

J Ellerm – Group Manager Corporate Services

M Collings – Corporate Accountant

I Maxwell – Group Manager Resource Management

L Hooper – Governance Manager

T Kilkolly – Financial Accountant

 


1.       Welcome/Prayer/Apologies/Notices

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

Cr Dick advised that there is a presentation scheduled at the 1 September Regional Transport Committee meeting on Issues and Options for the Manawatu Gorge for anyone interested.

The Chairman advised that the Late Item (16) will be considered as the first item of business on today’s agenda.

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

 

3.       Confirmation of Minutes of the Regional Council Meeting held on 26 July 2017

RC105/17

Minutes of the Regional Council Meeting held on Wednesday, 26 July 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

 

          Confirmation of Minutes of the Regional Council Meeting held on 22 August 2017

RC106/17     Minutes of the Regional Council Meeting held on Tuesday, 22 August 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Bailey/Beaven

CARRIED

 

4.

Follow-ups from Previous Regional Council Meetings

 

Mr James Palmer introduced the item, seeking guidance on a replacement appointment for Cr Alan Dick on the HPUDS Implementation Working Group.

Discussion and queries in relation to LGOIMA requests and the establishment of the HB Drinking Water Governance Joint Committee.

 

RC107/17

 

 

 

 

RC108/17

Resolutions

Councillor Paul Bailey nominated Councillor Peter Beaven as Councillor Dick’s replacement on the HPUDS Implementation Working Group, seconded by Councillor Tom Belford.

There being no further nominations, Councillor Peter Beaven was appointed as HBRC’s second representative on the Heretaunga Plains Urban Development Strategy Implementation Working Group.

Bailey/Belford

CARRIED

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

Belford/Bailey

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 15:

Item

Topic

Councillor / Staff

1.   

Update on Tutira

Cr Bailey

2.   

Waipukurau odour

Cr Belford

3.   

Chinese Sister City delegation visit

Cr Hewitt

 

 

 

16.

Ruataniwha Water Storage Scheme Financial Treatments

 

Mr James Palmer introduced the item, including advising implications for the finalisation of Council’s 2016-17 Annual Report document and associated financials. Queries and discussions traversed:

·      Tax implications of a partial write-down

·      Make-up of the assets and intellectual property including resource consents for the RWSS held by HBRIC Ltd

·      Breakdown of the $14 million proposed to be written off, consisting of operational expenditure for development of the scheme

·      Tagging or untagging of the $66 million set aside for the RWSS subject to the conditions precedent and LTP consultation

·      Valuation of HBRIC Ltd assets, ongoing solvency/liquidity of the company, dividends and debt liability

·      HBRIC Ltd ongoing role and/or responsibilities in relation to monitoring conditions of the RWSS consents

·      Any future investor will be required, by HBRC as regulator, to meet the consent conditions

·      New, additional science will add to knowledge of the catchment, but the science provided through the Board of Inquiry processes remains relevant

·      Determination of the potential investor as “fit and proper” to take on the responsibilities associated with the RWSS

·      RMA test whether ‘regulator’ considers the consent holder is able to meet the consent conditions

·      consent conditions specify the outcomes required not the means by which the consent holder must meet those requirements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RC109/17

Recommendations

That Council:

1.      Receives and notes the “Ruataniwha Water Storage Scheme Financial Treatments” staff 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.      In light of the recent land swap decision, resolves to invest no further capital in the Ruataniwha Water Storage Scheme.

4.      Resolves to write off the full $14m debt owed by HBRIC Ltd to the Council.

5.      Notes that HBRIC Ltd intends to write down the value of its intangible assets associated with the RWSS (final quantum to be determined).

6.      Authorises HBRIC Ltd to sell any assets or intellectual property developed to date in connection with the Ruataniwha Water Storage Scheme if approached by a qualified sponsor(s) seeking to independently progress water storage in Central Hawke’s Bay.

Belford/Kirton

 

Councillor Barker moved an amendment to resolution 6, seconded by Councillor Wilson, being:

6.      Authorises HBRIC Ltd to sell any assets or intellectual property developed to date in connection with the Ruataniwha Water Storage Scheme.

Barker/Wilson

CARRIED

The amendment was CARRIED and so became part of the Substantive Motion

Resolutions

That Council:

1.      Receives and notes the “Ruataniwha Water Storage Scheme Financial Treatments” staff 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.

Belford/Kirton

CARRIED

3.      In light of the recent land swap decision, resolves to invest no further capital in the Ruataniwha Water Storage Scheme.

Belford/Kirton

For: Barker, Bailey, Beaven, Wilson, Belford, Kirton, Graham

Against: Dick, Hewitt

CARRIED

4.      Resolves to write off the full $14m debt owed by HBRIC Ltd to the Council.

Belford/Kirton

CARRIED

5.      Notes that HBRIC Ltd intends to write down the value of its intangible assets associated with the RWSS (final quantum to be determined).

Belford/Kirton

CARRIED

6.      Authorises HBRIC Ltd to sell any assets or intellectual property developed to date in connection with the Ruataniwha Water Storage Scheme.

Barker/Wilson

CARRIED

 

6.

Financial Report for 12 Months Ended 30 June 2017 Including Adoption of the Draft 2016-17 Annual Report for Audit

 

The Chairman was excused and left the meeting at 11.35am – Councillor Barker assumed the Chair.

Mrs Jessica Ellerm introduced the item, and Mr Manton Collings was available to answer questions. Queries and discussion traversed:

·      Valuations of leases and lessor values

·      Operations Group profit is less the Capital projects funding required

·      Introductory statements by Chair and Chief Executive, suggestions that reference to RWSS and HN water contamination event be included and separate the two commentaries

·      Benchmarks set by legislation and not necessarily relevant to regional councils

·      Summary pie charts for performance measures to be labelled with reference to where the supporting information is found

The Chairman re-joined the meeting at 12.00pm

·      Costs associated with Governance and advisory services

 

RC110/17

Resolutions

That Council:

1.      Receives and notes the “Financial Report for 12 months ended 30 June 2017 including Adoption of the Draft 2016-17 Annual Report for Audit” staff report.

2.      Confirms the Annual Report is required under Section 98 of the Local Government Act 2002, and requires that Council exercises its discretion and makes decisions on the related issues.

3.      Adopts the Draft Annual Report for the period 1 July 2016 to 30 June 2017, subject to any adjustments required by Council, for the purposes of audit, with a view to Council adopting the final report at its meeting on 25 October 2017.

4.      Resolves that $88,000 profit on external work undertaken by Council's Operations Group during the year ended 30 June 2017 be transferred to Council’s cash operating balances available to fund general funded operating expenditure.

Kirton/Bailey

CARRIED

The Chairman re-assumed the Chair.

7.

Setting of the Rates for the 2017-18 Financial Year

 

Ms Trudy Kilkolly introduced the item, which was taken as read with the exception of clarification of the rationale for provision of a legal opinion on the rates resolution.

 

Resolutions

That Council:

1.      Agrees that the decisions to be made on the setting and assessing of rates cover information in the Funding Impact Statement for the 2017-18 year which was included in the LTP 2015-25 and the Annual Plan 2017-18 as required by Section 95 of the Local Government Act 2002. These decisions if significant require special consultative procedures under Section 83 of the Act, such special consultative procedure having been previously carried out on the 2017-18 year which was included in the LTP 2015-25 and the Annual Plan 2017-18.

2.      Resolves the setting of rates for the 2017-18 financial year and sets the following rates under the Local Government (Rating) Act 2002, on rating units in the region for the financial year commencing on 1 July 2017 and ending on 30 June 2018. These rates are set in accordance with the relevant provisions of the Long Term Plan 2015-25 and Funding Impact Statement for the financial year included in the Annual Plan 2017-18.

2.1.      A general rate is set under sections 13, 14 and 131 of the Local Government (Rating) Act 2002 on land value as set out following.

2.2.      A uniform annual general charge is set per separately used or inhabited part of a rating unit under section 15(1)(b) of the Local Government Rating Act 2002 as set out following.

2.3.      The following differential targeted rates are set under sections 16, 17 and 18 of the Local Government (Rating) Act 2002 as set out following, including:

2.3.1.      Subsidised Public Transport

2.3.2.      Heretaunga Plains Flood Control Scheme

2.3.3.      Upper Tukituki Catchment Control Scheme

2.3.4.      Central & Southern Area Rivers & Streams

2.3.5.      Wairoa River and Streams Scheme

2.3.6.      Various Stream and Drainage Schemes

2.3.7.      Healthy Homes – Clean Heat Financial Assistance

2.3.8.      Clean Heat and Insulation Loans

2.3.9.      Economic Development.

2.4.      The following uniform targeted rates are set under sections 16 and 17 of the Local Government (Rating) Act 2002 as set out following, including:

2.4.1.      Plant Pest Strategy

2.4.2.      Regional Animal Pest Management Strategy

2.4.3.      Sustainable Land Management

2.4.4.      Pest Control - Forestry

2.4.5.      Emergency Management

3.      Agrees that the due date for payment of rates as set by the Hawke’s Bay Regional Council for the financial year commencing 1 July 2017 and ending on 30 June 2018 be 1 October 2017.

4.      Resolves that, under sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, a 10% penalty be applied to unpaid current rates as at 1 February 2018 and shall be calculated by multiplying the outstanding rates by 10% and then adding that penalty sum to the amount outstanding.

5.      Agrees that the rates set for the financial year commencing on 1 July 2017 and ending on 30 June 2018, as set out following, are inclusive of GST.

Barker/Bailey

CARRIED

 

Funding Impact Statement

Introduction

This Funding Impact Statement sets out the impact that the Hawke’s Bay Regional Council's (HBRC) Revenue and Financing Policy has on ratepayers.

The Revenue and Financing Policy clearly identifies beneficiaries of HBRC activities paying for the cost of those activities by target rates or direct charges, whichever is the most efficient administratively.

Public benefit is funded through a combination of investment income and general rates. Private benefit is funded through targeted rates and/or direct charges.

At various points of the Funding Impact Statement, a level of rates or charges is specified.

All the rates and levels of rates included in this statement are GST inclusive.

Due dates for payment of rates

The rates are due and payable on or after 1 October 2017. Pursuant to Section 57 of the Local Government (Rating) Act 2002, a penalty charge of 10% will be imposed on the current rates remaining unpaid as at 1 February 2018.

Definition of ‘Separately used or inhabited part of a rating unit’

When a fixed amount is set for each property, whether it be a Uniform Annual General Charge (UAGC) for general funding rates or a Uniform Targeted Rate (UTR) for Targeted Rates, then a fixed amount is charged for each separately used or inhabited part of a rating unit, this includes any portion inhabited or used by [the owner/a person other than the owner], and who has the right to use or inhabit that portion by virtue of a tenancy, lease, licence, or other agreement.

This definition includes separately used parts, whether or not actually occupied at any particular time, which are used by the owner for rental (or other form of occupation) on an occasional or long term basis by someone other than the owner.  For the purpose of this definition, vacant land and vacant premises offered or intended for use or habitation by a person other than the owner and usually used as such are defined as ‘used’.

For the avoidance of doubt, a rating unit that has a single use or occupation is treated as having one separately used or inhibited part.  Therefore, units in a rest home, retail shops in a shopping complex, and additional farm houses are charged with separate UAGCs or UTR’s. 

Where two or more rating units are contiguously joined, owned by the same ratepayer and used for the same purpose, or a farm property with separately titled paddocks, then only one UAGC or UTR will be payable. The only exception is for the UTR covering the economic development rate which is set on each rateable property.  HBRC’s intention is that this mix of rating bases better reflects the benefits delivered to the general community while addressing some of the rate level volatility experienced by those ratepayers in the community whose land values have increased by more than the average.

HBRC directly collects rates for all rating units contained within its boundaries and where specific rates are set across District/City boundaries on a value basis, then the rates are set on Estimate of Projected Valuation (equalisation) which recognises annual movement of values across the region for each territorial authority.

Section 21 of the Local Government (Rating) Act 2002 (LGRA) requires that Uniform Annual General Charges and targeted rates set on a uniform basis are not to exceed 30% of the total revenue from all rates sought by Hawke’s Bay Regional Council for the budgeted year. The rates making up this category amount to 28.08% of Council’s total rates in 2017-18 and are therefore within the limits prescribed by the Act.  All years of the 10 Year Plan are within the prescribed limit set down by the Act.

Inspection and objection to HBRC's Rating Information Database

The Rating Information Database (RID) is available for inspection at HBRC offices at 159 Dalton Street Napier and on Council’s website www.hbrc.govt.nz. Ratepayers have the right to inspect the RID records and can object to their rating liability on the grounds set out in the Local Government (Rating) Act 2002.

 


 

 

 

 

 

 

 

 


 

8.

Local Government Members (2017-18) (Local Authorities) Determination 2017

 

Mr Manton Collings introduced the item, outlining the changes to the payment of allowances to the elected representatives and the pay increase.

 

RC111/17

Resolutions

That Council:

1.      Receives and notes the “Local Government Members (2017-18) (Local Authorities) Determination 2017” staff 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.      Approves that the new elected member remuneration, allowances and expenses be accepted and be made effective from the 1 July 2017.

4.      Adopts the updated Elected Members Allowances and Expenses Policy following.

5.      Notes that the Chair of the Council and the Chief Executive will be discussing the remuneration of the Chair of the Maori Committee and the Co-Chair of the Regional Planning Committee with the current office holders, and will table a proposal to the Council for consideration.

Hewitt/Dick

CARRIED

Title:  Elected Members’ Expenses and Allowances

Staff Responsible for the Policy:      HBRC Corporate Accountant

Commencement Date:                       9 October 2016

Amended August 2017

Rationale

Council’s policy and rules for expenses (including reimbursement allowances) for the electoral tenure commencing 9 October 2016.  Amended for the 2017-18 Local Government Members (2017-18) Determination.

Policy

1.       Authentication of Expense Reimbursement and Allowances

The principles and processes under which Hawke's Bay Regional Council ensures that expense reimbursements and allowances are payable are as follows.

1.1.  Principles

1.1.1.       Are in line with Council policies.

1.1.2.       Have a justified business purpose. 

1.1.3.       Are payable under clear rules communicated to all claimants.

1.1.4.       Are approved by a person able to exercise independent judgement.

1.1.5.       Are adequately documented.

1.1.6.       Are reasonable and conservative in line with public sector norms.

1.1.7.       Are, in respect of allowances, a reasonable approximation of expenses incurred on behalf of the local authority by the elected member.

1.1.8.       Support administrative efficiency by the payment, where possible, of standard allowances based on fair and reasonable value of costs incurred, rather than requiring elected members to continue to make numerous claims. 

1.2.  Processes

1.2.1.       Councillors are issued with an explanatory memorandum explaining their entitlements and how they should claim them. 

1.2.2.       Councillors are required to make expenditure claims for all allowances, other than agreed regular payments, which are approved by the Chief Executive prior to payment. 

1.2.3.       All reimbursement costs will be based on actual and reasonable expenditure with claims to be supported by appropriate invoices to substantiate the claim and will be approved as part of the Council’s normal creditor payment process.

2.    Vehicle Provided

2.1  Where the Chairman decides to take up the entitlement to a Council vehicle then the terms and conditions for the supply of a vehicle will be determined by the Chief Executive Officer in line with policies set out by the Remuneration Authority.

3.    Vehicle Mileage Allowance

3.1  A vehicle mileage allowance is payable to an elected member for travel by that member each day, but only if:

3.1.1     The member is not otherwise provided with a vehicle by the Council; and

3.1.2     The travel is:

     In a private vehicle; and

     On Council business; and

     By the most direct route that is reasonable in the circumstances, and

3.2  The maximum vehicle mileage allowance payable in any one twelve month period is the rate per kilometre as set out in the current Remuneration Authority determination:

3.2.1     $0.81 per kilometre for the first 10,000 kilometres if the member is using an electric vehicle

3.2.2     $0.73 per kilometre for the first 10,000 kilometres for any other vehicle type

3.2.3     $0.37 per kilometre for any distance over 5,000 kilometres.

3.3  ''Council business'' is defined as ''Official Council business whereby elected members are invited or required to attend both informal or formal meetings or events related to Council. These do not include meetings with constituents, or the elected member's own initiatives to familiarise or better inform themselves in any way with Council business, or where a Council function is primarily entertainment”.

4.    Travel Time Allowance

4.1  Council may pay a Councillor a travel time allowance if the office of the Councillor cannot be properly regarded as a full-time position.

4.2  An allowance may be paid to a Councillor under sub clause (4.1) for each day within the period of this determination that:

4.2.1     The Councillor is travelling on Council business and by the quickest form of transport reasonable in the circumstances; and

4.2.2     The travel time of the Councillor exceeds one hour.

4.3  The allowance is payable, in relation to each day for which the Councillor qualifies under sub clause (4.2):

4.3.1     At no more than $37.50 per hour; but

4.3.2     Only in respect of the travel for that day that exceeds 1 hour.

4.4  In this clause, on the Council’s business includes:

4.4.1     Travel between a Councillor’s residence and the Council Head Office.

5.    Travel and Accommodation - (Mileage Claims – refer Section 3)

5.1  Taxis and Other Transport

5.1.1     Elected members will be reimbursed for the actual and reasonable cost of any expenditure on taxis and other transport incurred where such expenditure is considered reasonable and necessary for the attendance at conferences, seminars and business related meetings attended at the request of Council, or approved by the Chairman. 

5.2  Carparks

5.2.1     Individual carparks are allocated to each elected member for use on Council and Committee meeting days only. In addition, the Chairman has a permanent car park and one other car park is permanently available for any other elected member to attend Council business at the Council offices.

5.3  Use of Rental Cars

5.3.1     Elected members will be reimbursed for the actual and reasonable cost of any expenditure on rental cars where this is considered necessary to attend conferences, courses and business meetings attended at the request of Council, or approved by the Chairman. If rental cars are used they are to be cheaper than mileage allowance or air fare. 

5.4  Air Travel – Domestic

5.4.1     All domestic travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

5.5  Air Travel – International

5.5.1     All international travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services. 

5.5.2     Council will meet the cost only of economy class airfares unless specifically approved otherwise by the Chairman or Chief Executive. 

5.5.3     Stopovers for long distance flights will be at the discretion of the Chairman or Chief Executive, and where approved, will be paid or reimbursed.

5.6  Airline Clubs/Airpoints/Airdollars

5.6.1     The Chairman is provided with a Koru Club membership on the basis of frequency of air travel.  Airpoints or Airdollars earned on travel, accommodation etc, paid for by the Council are available for the private use of members.

5.7  Accommodation Costs While Away at Conferences, Seminars, etc

5.7.1     Elected members will be reimbursed for the actual and reasonable cost of any expenditure incurred where this expenditure is incurred for attendance at the request of Council or approved by the Chairman or Chief Executive. Travel is to be approved in advance and all bookings are to be made through Council Corporate Services. This provision also applies to Councillors who normally live at a distance from Napier who stay overnight prior to or between Council or committee meetings.

5.8  Meals and Sustenance, Incidental Expenses

5.8.1. The reasonable cost of meals and sustenance will be paid or reimbursed where such expenditure is incurred for attendance at conferences, courses and business meetings attended at the request of Council, or approved by the Chairman or Chief Executive. A light lunch is generally provided to Councillors on Council and Committee meeting days.

5.9  Private Accommodation Paid for by Local Authority

5.9.1     An allowance of $50 per night can be claimed by elected members where they decide to stay privately when attending a conference, course or business meeting where their attendance is at the request of the Council or approved by the Chairman or Chief Executive. Reasonable additional costs associated with staying privately can be claimed only if the prior approval of the Chairman or Chief Executive has been received.

6.    Entertainment and Hospitality

6.1  There are no hospitality or entertainment allowances paid to elected members. Where entertainment or hospitality is required at the request of the Council, or on the approval of the Chairman or Chief Executive, reimbursement can be claimed of an actual and reasonable basis.

7.    Equipment and Technology Provided to Elected Members

7.1  The following allowances are paid to elected members to assist with the costs of equipment and technology provided by the elected member.  Where Council requires members to use the following equipment the allowances below will be paid:

Item                                                                                       Annual Allowance

Use of personal computer                                                       $200

Use of a printer (with or without scanner)                          $40

Use of a mobile phone                                                             $150

Use of an internet connection                                                $400

Council related toll and mobile phone charges                   $400

TOTAL                                                                                          $1,190

7.2  Elected Members will be limited to a total payment in any one financial year of $1,190.

7.3  If elected members choose not to use their own equipment then Council may provide the equipment and technology required.  All equipment provided by the Council will be subject to approval by the Chairman.  This equipment continues to be the property of the Council.  The communications allowances which refer to the equipment provided will not be paid.

8.       Professional Development, Clubs and Associations

8.1.  Council pays for the cost of professional development courses, seminars, etc approved by Council or the Chairman, within a specified annual budget.

8.2.  No expenses or allowances in respect of subscriptions to Clubs or associations are paid other than professional bodies specific to their role with Council – eg, RMLA for Hearings Committee Members.

9.       Other Expense Reimbursements and Allowances

9.1.  The following are reimbursed or provided to elected members:

9.1.1.      Clothing

     Elected members will be supplied with a rain jacket bearing the Council's logo.

9.1.2.      Stationery

     Stationery and printer cartridges are available on request for use on Council business.

 

9.1.3.      Elected Members' Office

     Elected members are entitled to use the Councillors' Office, located next to the Council Chamber on the ground floor of the Regional Council building. The office is equipped with desks, phone and a computer.

9.1.4.      Chairman’s Office

     The Chairman is provided with an office at the Council’s offices in Napier. This office includes a direct dial telephone extension, a mobile phone with associated costs and a networked computer. Full secretarial assistance is also provided.

10.   Signature

10.1.    I seek approval from the Remuneration Authority, in relation to the electoral tenure commencing 8 October 2016, of the expense reimbursement rules and payments of allowances applicable to elected members as set out in this document which was adopted by Council on 30 August 2017.

10.2.    The approved document and any attachments will be available for public inspection in accordance with the Remuneration Authority's determination.

HBRC Chief Executive, James Palmer

 

The meeting adjourned at 12.25pm and reconvened at 1.00pm with Cr Debbie Hewitt and Peter Beaven absent

9.

Adoption of the 2017 HBRC Strategic Plan

 

Mr James Palmer introduced the item, which was taken as read.

 

RC112/17

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 Strategic Plan 2017-2021 for publication, distribution and use for guidance through the 2018-28 Long Term Plan development processes subject only to minor amendments.

Barker/Wilson

CARRIED

 

10.

Recommendations from the Maori Committee

 

Mr Mike Mohi introduced the item, highlighting discussions at the meeting including advising of ongoing discussions with iwi organisations about representation on the Maori Committee.

Councillor Beaven re-joined the meeting at 1.03pm

Mr Mohi also advised that there is a workshop to discuss options for recommendations to Council for consideration in making a decision on whether or not to establish Maori Constituencies scheduled 15 September and the next Maori Committee meeting will be held in Waipukurau.

 

RC113/17

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.

Maori Committee Representatives on the Hearings Committee

2.     Confirms the appointments of Mr Mike Mohi and Mr Brian Gregory as the Māori Committee representatives on the Hearings Committee.

Reports Received

3.     Notes that the following reports were provided to the Māori Committee meeting.

3.1.     Māori Committee Terms of Reference and Charter (resolved: That the Māori Committee leaves the matter to lie on the table.)

3.2.     Verbal Update on Current Issues by HBRC Chairman

3.3.     Heretaunga Plains Urban Development Strategy update

3.4.     August 2017 Statutory Advocacy Update

3.5.     Maori Representation (resolved: Agrees to seek feedback from iwi/hapū and bring that back to the 17 October Māori Committee to enable a formal recommendation to be made to Council’s 25 October 2017 meeting)

3.6.     Presentation on Resource Consent Application and Hearing Processes.

Graham/Wilson

CARRIED

 

11.

Electoral System for 2019 and 2022 Local Government Elections

 

Mrs Liz Lambert introduced the item, which is a decision required of Council by legislation on whether to use First Past the Post or Single Transferrable Vote as the electoral system for the 2019 and 2022 elections.

 

RC114/17

Resolutions

That Council:

1.      Exercises its discretion under Section 79(1)(a) and 82(3) of the Act, and makes a decision on this issue without conferring directly with the community or others due to the option available to the public to demand a poll under the Local Electoral Act should they choose to do so, and can obtain the necessary number of signatures (5% of the electors).

2.      Resolves to retain the status quo and continue with the First Past the Post electoral system

3.      Gives public notice - by 19 September 2017 – of resolution 2 (above) and that electors have the right to demand a poll on the electoral system to be used for the next two triennial elections.

4.      Instructs staff to action the necessary public notices and any other processes required under the Local Electoral Act 2001 in respect to the electoral system for the Local Government Elections 2019.

Debbie Hewitt re-joined the meeting at 1.18pm

Barker/Dick

For: Dick, Hewitt, Barker, Beaven, Wilson, Belford, Kirton, Graham

Against: Bailey

CARRIED

 

12.

Affixing of the 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 2

          DP 11523

          CT  J1/797

-     Transfer

 

1.1.2     Lot 111

          DP 11999

          CT  D1/1452

-     Transfer

 

1.1.3     Lot 2

          DP 25978

          CT  W1/164

-     Agreement for Sale and Purchase

 

1.1.4     Lot 282

          DP 11194

          CT  B3/94

-     Agreement for Sale and Purchase

 

1.1.5     Lot 40

          DP 14447

          CT  G2/663

-     Agreement for Sale and Purchase

 

1.1.6     Lot 169

          DP 13096

          CT  E3/538

-     Agreement for Sale and Purchase

 

 

 

 

4135

 

 

 

 

4136

 

 

 

 

4137

 

 

 

 

4138

 

 

 

 

4139

 

 

 

 

4140

 

 

 

 

27 July 2017

 

 

 

 

7 August 2017

 

 

 

 

10 August 2017

 

 

 

 

22 August 2017

 

 

 

 

22 August 2017

 

 

 

 

22 August 2017

 

 

 

RC115/17

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.

Kirton/Graham

CARRIED

 

13.

Significant HBRC Staff Projects/Activities through September 2017

 

The item was taken as read, aside from queries in relation to nutrient and nitrate levels noted in paragraphs 6 and 24, feedback on the freshwater improvement fund application for Ahuriri and an update on the Inquiry into the drinking water contamination event and any thought given to address issues raised in its findings. It was noted that Stage 2 of the Inquiry is about recommendations to the government for areas (e.g. policy, law) of improvement.

 

RC116/17

Resolution

That Council receives the Significant HBRC Staff Projects/Activities through September 2017 report.

Belford/Bailey

CARRIED

 

14.

Chairman's Report for August

 

Tabled as follows

We have some very serious challenges facing us.  A summary of the four major challenges and concerns.

1.   The Water Conservation Order (WCO) for the Ngaruroro and Clive rivers

·       The WCO as written is a serious threat to the economic fabric of our region

·       Our inability to gain consensus on this issue with our treaty partners

·       Three of our partners and stakeholders in TANK do not agree with our community process and have “struck out” on their own statutory process.

·       That this action is in direct conflict with our community process and threatens its very viability.

·       The subsequence actions by both parties will damage the goodwill built up in TANK and through the RPC that will be difficult to rebuild.

·       This is going to be a very expensive exercise for all parties including HBRC with an estimate unbudgeted cost of $600k.

2.   RWSS

·       The High court ruled against the DOC “land swap”

·       The directors of HBRIC Ltd and the Capital Structure Review Committee have advised us to write off $14m of our capital advance.

·       HBRC will resolve not to advance the remaining $60m to the scheme.

·       The scheme will not proceed as planned.

·       This will require a review of the challenges resulting from Plan Change 6.

3.    Workshop with the Regional Mayors

The Regional Mayors wish to have a workshop with us to discuss the following:

·            HBRC as a post amalgamation organisation. We are the only local body council in HB that covers the entire region

·            The proposal is that we become the vehicle that collects regionally applicably rates

­   HB Tourism as defined in the economic rate.

­   A universal rate for civil defence

­   Others that would be agreed on.

4.   TANK new consent recommendation

·       Following receipt of new science and recommendation from HBRC TANK has recommended that we suspend all new applications for water consents from the Heretaunga aquifer.

·       This has huge potential consequences for further development on the Heretaunga plains.

·       We will need to consider the following.

­   Those consents in the HBRC system.

­   Our response to applicants who have not filed their consent but have incurred actual and contingent liability’s such as new land purchases, fruit trees etc.

I was in Europe for most of the period but the following is a record of the meetings that I attended after returning.

14 Aug           Received debrief from Chief Executive

15 Aug           Met with the Deputy Chairman and attended Māori Committee meeting

16 Aug           Attended launch of Wharariki Trust

17 Aug           Met with Graeme Avery, Mike Barham - Rural Support Trust, attended TANK meeting and Regional Sports Park meeting re: Hockey tournament

18 Aug           Received report on Water Conservation Order, met minister Scott Simpson, Ewan McGregor  re: forestry and attended Rex Graham cup

21 Aug           Chief Executive debrief meeting, met with Chris Tremain, HBRIC Ltd Chair, attended Regional Sports Park trustee and Civil Defence Emergency Management Group Joint Committee meetings

22 Aug           Regional Planning Committee and Regional Council meetings

23 Aug           Hawke’s Bay Regional Council LTP Workshop

24 Aug           Met with Twyford irrigator group and attended HB Tourism dinner

25 Aug           Met with HB Mayors, the Board of HB Tourism and attended a Capital Structure Review panel meeting.

26 Aug           Met with Heretuanga water user group and NKII Chair

28 Aug           Met with Heretuanga water user group and NKII Chair

 

The Chairman provided Council with his monthly report and highlighted key issues from his report with discussions covering:

·      Meeting of Mayors and Chair to discuss regional rate options for regional activities, e.g. CDEM

·      Implementation of plan change 6 and CHB community delegation to RPC meeting on 4 October

·      Economic impacts on CHB without RWSS are the same as the potential impacts on the Heretaunga Plains growers posed by Ngaruroro Water Conservation Order and suggestion that Council needs to acknowledge the two serious threats to the HB economy

 

RC117/17

Resolution

That Council receives and notes the Chairman’s report for August 2017.

Barker/Kirton

CARRIED

 

15.

Items of Business Not on the Agenda

 

Item

Topic

Councillor / Staff

1.   

Update on Tutira

A very successful planting day recently, joint HBRC-Maungaharuru Tangitu event

Cr Bailey

2.   

Waipukurau odour

News item in HB Today re CHB odour issues, and CHBDC keeping HBRC Compliance staff updated on actions and progress being taken to resolve issues and find solution

Cr Belford

3.   

Chinese Sister City delegation visit

Hosted Xuzhou delegation last week, and keen to discuss the relationship and initiatives going forward

Cr Hewitt

4.

Extends apologies from Roger Maaka for poorly organised meeting with Tamatea Taiwhenua last week

Mike Mohi

 

 

 

 

Closure:

There being no further business the Chairman declared the meeting closed at 1.55pm on Wednesday 30 August 2017.

 

Signed as a true and correct record.

 

 

 

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