Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

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

The Chairman advised that he needs to leave at 3.45pm and Councillor Barker advised he will have to leave shortly after 2pm.

Resolution

RC60/17 That the apologies for early departure are accepted.

Belford/Kirton

CARRIED

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 30 August 2017

RC61/17

Resolution

Minutes of the Regional Council meeting held on Wednesday, 30 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

Follow-ups from Previous Regional Council Meetings

The item was taken as read.

Recommendation

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

Call for Items of Business Not on the Agenda

Recommendations

That Council accepts the following “Minor items of Business Not on the Agenda” for discussion as Item 16

Item	Topic	Councillor / Staff
1.	Update on Tutira	Cr Bailey
2.	HP water consent applications	Cr Beaven
3.	Coastal Hazards	Cr Beaven
4	Newsletter published	Cr Hewitt
5	Wairoa visits	Cr Wilson

2017 Navigation Safety Bylaws Approval for Consultation

Harbourmaster, Martin Moore, introduced the item, outlining the main changes proposed including mandatory registration of jetskis. There was some discussion around the process of updating the by-laws and details of some of the changes in relation to naming boats and requirements for personal flotation devices.

RC62/17

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. Approves the draft 2017 Navigation Safety Bylaws for public consultation.

Beaven/Bailey

CARRIED

Consents RMA Delegations Update

Mrs Liz Lambert introduced the item and Mr Malcolm Miller advised changes to the Delegations Manual are a result of legislative changes and to improve the efficiency of consents application processing. Discussions traversed:

· Delegations are for Administrative processes and tests to determine affected parties including for customary rights

· Public notification tests, and determination of whether a hearing will be held are decisions made in accordance with the specific application process

· Regulatory administrative processes are quasi legal and very clear rules about no political involvement to avoid potential judicial review

· In practice, basic decisions delegated to ‘lowest level’ to enable most efficient processing to meet statutory timeframes

· Complex or contentious applications processing includes Consents Manager, Group Manager and/or CE involvement and review of decisions as appropriate in the specific circumstances

· Delegations are stepped up incrementally to meet circumstances of each specific application

· Suggest a process map of the consents and hearings processes is provided to councillors to aid in understanding how the delegations are applied in practice

RC63/17

Resolutions

That Council:

2. Approves the amendments to the Consents Delegation Manual as attached.

Dick/Kirton

CARRIED

Recommendations from the Regional Planning Committee

Chairman Rex Graham introduced the item, which was taken as read, highlighting the excellent calibre of presentations on Customary Rights and Science of the Heretaunga Plains aquifer system provided to the meeting.

RC64/17

Resolutions

That Council:

Oil & Gas Plan Change Work Programme Update

2. Supports, in principle, the ‘Iwi and Stakeholder Engagement Plan’ incorporating feedback arising from the Regional Planning Committee and Maori Committee meetings and requests that staff bring the costs associated with the engagement options back to Council.

Graham/Kirton

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

Against: Dick, Hewitt, Wilson

CARRIED

Reports Received

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

3.1 Regional Planning Committee 2016-17 Annual Activity Report

3.2 Presentation of Experiences of an Applicant for Customary Recognition Under Marine and Coastal Area (Takutai Moana) Act 2011

3.3 Verbal Presentation on the Science of the Heretaunga Plains Water Resource.

Beaven/Barker

CARRIED

Recommendations from the Environment and Services Committee

Cr Belford introduced the item, as Chair of the committee. Discussion traversed:

· Approach to interim management of the consents for Heretaunga Plains water take consents including option to call in all current consents for review

· Staff resources required to undertake a full review process would be very significant and suggested not prudent for Council to embark on such a process, as it could potentially mean further delays for the TANK process

· Longer term management to be determined through the TANK process and become operative upon notification of that plan change

· Current abstraction has been determined by TANK to be at maximum acceptable levels and important not to pre-empt the outcomes of the full TANK process

· It is significant for Council to make the decision to not grant consents for new takes

· WCO hearing process has implications on TANK processes including Council staff resourcing, specifically science

RC65/17

Resolutions

That Council:

Future Management of Water Takes on the Heretaunga Plains

2. Endorses the proposed approach for the interim management of groundwater resources in the Heretaunga Plains detailed following, and requests urgent presentation of long term solutions to meet water demands.

2.1. To provide for the interim management of groundwater resources in the Heretaunga Plains through the following approaches, distinguishing between existing resource consents and new resource consents.

Existing resource consents

2.2. Existing resource consents for groundwater takes can be exercised within the conditions set when the consent was issued (or any subsequent review of conditions).

2.3. A consent holder can use more water than previously, provided the take is within the maximum rates and volume set out in the consent document and providing the take is for the purpose set out in the consent document and, in the case of irrigation, does not exceed the soil moisture deficit.

2.4. Should a resource consent expire before new rules are in place they may be replaced for up to the same amount, although it is likely that greater scrutiny may be made of the need for the amount that is applied for.

2.5. Changes to existing consents that do not increase the overall annual allocation or increase actual use may be able to be granted. For example, amendments to rates of take or weekly abstraction volumes will not increase the annual allocation, increase actual abstraction or cause additional stream depletion effects. In some highly connected areas, increases in short term rates and volumes may increase stream depletion effects, and this will need further assessment at the time of an application.

Stock or Domestic Water takes

2.6. Takes for an individual’s stock and/or domestic needs on the property are able to continue to occur without the need for a resource consent, in accordance with the Resource Management Act.

Permitted Activity Takes

2.7. The Regional Resource Management Plan (RRMP) allows for a permitted activity take of up to 20m3/day to be taken for use on a property. It is not proposed to change this at this stage, although it may be adjusted during the Plan Change process.

Frost protection takes

2.8. Takes for frost protection may continue as consented and a case may be put for taking water for frost protection purposes for existing horticultural activities.

Transfer of existing consents or parts of consents

2.9. Where a property is sold and the transfer is to the new owner the consent can be exercised as before.

2.10. If a take is proposed to be transferred to another property in its entirety or if it is proposed to divide a consent and transfer unused water to another property or use then the transfer is likely be declined as it will lead to increased water demand and use. (There may be circumstances where no more than the current recorded use will occur, indicating no change in existing effect.)

New applications for groundwater take resource consents

2.11. If a resource consent application was received by Council prior to 18 August it will continue to be processed as done previously.

2.12. Any new resource consent application that had been the subject of discussions with HBRC before 18 August, and which the applicant can demonstrate has involved a reasonable capital or tangible investment, will be processed. If consent is granted conditions will be included to identify that:

2.12.1. The consent will be subject to review when the TANK plan change becomes operative if the Plan Change sets limits that are exceeded.

2.12.2. The consent may be subject to a lower priority when the Plan Change takes effect and/or may be issued for a shorter period to reflect the uncertainty of this water being taken longer term.

2.13. Any resource consent application which is not covered by either 12.11 or 12.12 will be required to provide scientific evidence that the allocation of the water sought can be made without adding to the current cumulative adverse effect of takes on the Heretaunga Plains aquifer and on the connected surface flows. In practice. This may be difficult to demonstrate. These applications will be notified.

2.14. This is an interim approach for dealing with new applications until such time as the TANK Plan Change has legal effect. It is anticipated that, consistent with the NPS FM (2017), the TANK Plan Change will set groundwater and surface water allocation limits. If these are less than what is currently allocated then this is likely to include methods for reducing allocation over time so that specified allocation limits or targets are met within a specified timeframe. It is also anticipated that methods such as storage and augmented releases may be developed to offset some of the effects of abstraction enabling a smaller reduction in the overall allocation, and potentially allowing for more water to be allocated.

Gravel Management Plan and Environmental Code of Practice Adoption

3. Adopts the Hawke’s Bay Riverbed Gravel Management Plan and the Environmental Code of Practice for River Control and Waterway Works (2017).

September 2017 Public Transport Update and Fare Review

4. Agrees to maintain bus fares at current levels, with a further review to be undertaken in September 2018.

Reports Received

5. Notes that the following reports were provided to the Environment & Services Committee.

5.1. Panpac Application for Direct Referral to the Environment Court (Resolved: Approves the request by PanPac to allow the direct referral of this application to the Environment Court and Decides to exercise its delegated powers to make a decision that will have the same effect as the Council could itself have exercised or performed, and that the decision deserves urgency due to requirement to meet Statutory timeframes for these types of decisions, and the decision is carried unanimously)

5.2. Biodiversity Strategy Implementation Planning Group Wrap-up and Next Steps (Resolved: Endorses the Hawke’s Bay Biodiversity Action Plan 2017-2020)

5.3. HBRC Ahuriri Integrated Catchment Management Plan & NCC Ahuriri Master Plan

5.4. Verbal Update on Freshwater Improvement Fund Applications / Environmental Hotspot Projects

5.5. Stormwater Management Update

5.6. Whakatu Weed and Sediment Control Trial

5.7. Management of Public Use of River Berm

5.8. Tūtira Regional Park Pine Forest Update

5.9. Operational Activities Update

Kirton/Bailey

CARRIED

10.

Recommendations from the Corporate and Strategic Committee

Cr Kirton introduced the item (taken as read) as Chair of the committee. Discussions covered:

· Health & Safety accident statistics for the Operations Group

· Proposed aquarium expansion presentation from NCC

RC66/17

Resolutions

That Council:

Remuneration Authority Consultation on Elected Representatives' Remuneration Policies

2. Agrees to develop a submission with a collective view of the proposed policies, for confirmation at the 13 December 2017 Regional Council meeting to meet the Remuneration Authority deadline in December.

Notice of Motion from Councillor Bailey

3. Receives the petition and acknowledges receipt of same to First Union

4. Requests that staff report back to the 11 December Corporate and Strategic Committee:

4.1 on progress of the review of council's tendering policy

4.2 when the Go Bus tender is due for renewal

4.3 if it is possible, to renegotiate the Go Bus tender to reflect any pertinent changes to council's tendering policy.

HBRC Representation Review

5. In principle, retains the current Representation Arrangements, being five constituencies represented by nine elected representatives as the basis for the Representation Review process, subject to further advice from the Maori Community on the subject of Maori Constituencies.

2016-17 Annual Report - Audit NZ Discussions

6. Requests that HBRIC Ltd recommends to the Napier Port that it amends its balance date to 30 June in line with Council and HBRIC Ltd financial year dates.

Reports Received

7. Notes that the following reports were provided to the Corporate and Strategic Committee

7.1. 2018-28 Long Term Plan Development Process Update

7.2. Presentation of the Napier City Council Aquarium Expansion Business Case

7.3. HB Tourism Quarterly Update

7.4. Recommendations from the Finance, Audit and Risk Sub-Committee

7.5. Verbal Update on the Clifton to Tangoio Coastal Hazards Strategy Development

7.6. Human Resources 2016-17 Annual Report

7.7. Community Engagement and Communications Quarterly Update.

Kirton/Wilson

CARRIED

11.

Affixing of Common Seal

The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 169

DP 13096

CT E/538

- Transfer

1.1.2 Lot 282

DP 11194

CT B3/94

- Transfer

1.1.3 Lot 2

DP 25978

CT W1/164

- Transfer

1.1.4 Lot 40

DP 14447

CT G2/663

- Transfer

1.1.5 Lot 24

DP 921

CT D2/722

- Agreement for Sale and Purchase

- Transfer

1.1.6 Lot 11

DP 14228

CT HBG1/43

- Agreement for Sale and Purchase

4141

4142

4143

4144

4145

4146

4148

31 August 2017

8 September 2017

15 September 2017

1.2

1.2.1 D. Meihana

(Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and Clause 32B Schedule 7 of the Local Government Act 2002)

4147

18 September 2017

RC67/17

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 that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

2. Confirms the action to affix the Common Seal.

Wilson/Barker

CARRIED

12.

Report from the Regional Transport Committee

The report was taken as read, and it was advised that councillors should have the opportunity to provide input to the 13 Options proposed for Manawatu Gorge.

RC68/17

Resolution

That Council receives the “Report from the Regional Transport Committee” report.

Dick/Wilson

CARRIED

13.

Collection of 2016-17 Rates

Ms Trudy Kilkolly spoke to the item, responding to queries seeking clarification relating to rates levied on households and commercial properties, methods of charging, Heatsmart, Upper Tukituki Scheme and rates remission.

RC69/17

Resolution

That Council receives the report on the collection of rates in 2016-17 and rate arrears as at 30 June 2017.

Dick/Barker

CARRIED

14.

HBRC Staff Projects and Activities Through October 2017

The report was taken as read.

Recommendation

That Council receives the HBRC Staff Projects and Activities through October 2017 report.

15.	Chairman's Monthly Report for September 2017
	The Chairman tabled his report (following) 1. The WCO for the Ngaruroro and Clive rivers · The WCO continues to be a serious challenge and as written is a threat to the social and economic fabric of Heretaunga. · We formally requested that all the applicants request the Commission hold over the deliberations until TANK has completed its process but this request has been rejected. · This request was supported by the three regional leaders of Heretaunga plus the NKII Chair. · I am still very concerned about the damage that this action has done, and is still doing, to the goodwill built up in the TANK process and how we are going to manage the estimated unbudgeted cost of $600k. · Not to mention the very existence of TANK being at threat. · Fortunately the Chair of the Commission made it very clear to the applicants that free speech and the right to demonstrate still exists in our country. · This is a graphic example of the damage that uninformed outsiders can do to a small region such as ourselves. 2. Plan Change 6 · The HBRC has resolved not to advance the remaining $60m to the Ruataniwha Water Storage Scheme. This may make it difficult for the scheme to proceed. · There is considerable concern in Central HB where Plan Change 6 and the dam were seen to run in parallel and this may require a review of the timetable and challenges resulting from Plan Change 6. 3. Workshop with the Regional Mayors · We have now confirmed to do this at the workshop planned for 11 October. · The proposal is that we become the vehicle that collects regionally applicable rates. · HB Tourism as defined in the economic rate. · A universal rate for civil defence. · Others that would be agreed on. 4. Matariki / REDS We have proposed a different governance/ management model. · A governance board which will meet quarterly · A management board which will meet monthly The Governance Board · The five regional local Government leaders · Five Tangatu whenua reps to include: the Chair of Ngāti Kahungunu Iwi Incorporated Two elected from the Taiwhenua Two elected from the Treaty settlement group · Five from Business to include: the Chair of the DHB. · The Governance Board will elect its own Chair · We proposed that Ngahiwi be the inaugural Chair. · The current Matariki establishment board are considering our proposal. 5. Whakaki estuary · We have identified Whakaki as a top priority hot spot and have been successful in leveraging extra restoration funds from the Government fund. · A large part of this is for riparian plantings. · The situation got very tense a few weeks ago in the same week that the Government officials were to attend the official partnership hui. This was due to a very wet winter causing the lake levels to rise flooding neighbouring farms and the areas destined for riparian planting. · The lake trustees are loathed to open the estuary too soon for fear of a dry summer causing evaporation and very low lake levels · But of course whilst they wait the excess water floods neighbouring farms, orchards and the proposed planting area destroying pasture and fruit trees. · This is an historical problem essentially caused by the transformation over 100 years ago of wetlands into pasture. · Everyone is keen to find a solution and the result will be an agreement on a high and low water mark controlled probably by a fixed weir. My meeting schedule for the month: 29 August Met with Ngāti Kahungunu Iwi Incorporated Chair and Taiwhenua - HBRC Chief Executive, Cr Beaven and Cr Belford attended. 30 August Regional Council meeting; Attended WCO meeting at the Twyford Hall 31 August Met with Graeme Avery; Attended Biosecurity working party meeting; Attended regional Sector Leaders’ dinner in Auckland 1 September Attended Regional Sector meeting in Auckland with Chief Executive 4 September Met with Guardians of the Aquifer 5 September Chief Executive briefing meeting; Met with Hastings Boxing trust; Met with U-turn Trust CEO; Met with NKII chair and Taiwhenua (re Matariki ) 6 September Regional Planning Committee; Met with Mr Stephen Cave re proposed new Brookvale wetlands 8 September Met with Mr Andy Lowe; Attended HB Local Government Leaders’ Forum 11 September Chief Executive briefing meeting; Met with Johnny and Mary Hutton (re Brookvale wetlands); Attended meeting (re feedlots) 12 September Met with Ngāti Kahungunu Iwi Incorporated Chair re Matariki; Meet with local Whakaki farmer; Attended Hui with Whakaki estuary committee. James, Fenton and Gary Clode also attended 13 September Environment and Services Committee; Met with Mayor Alex Walker and HBRC CE re Plan Change 6 14 September Met with Ngāti Kahungunu Iwi Incorporated Chair 15 September Attended formal hui in Whakaki with Government officials – Chief Executive and Cr Wilson also attended 18 September Chief Executive briefing meeting; Attended Regional Sports Park meeting; Attended Capital Structure Review meeting 19 September Attended WCO demonstration 20 September Corporate & Strategic Committee meeting 21 September Visited Wairoa with Chief Executive - Attended Wairoa District Council Maori Standing Committee; Attended meeting with River Action group; Attended meetings on river erosion; Marae and Urupa 22 September Attended meetings in Wairoa - Visited and discussed Wairoa sewerage scheme - Visited Whakaki and viewed estuary opening site - Attended meeting with Tautua Taitua O Te Wairoa 25 September Attended coastal meeting; Met with Mana Ahuriri representative; Met with David Allen (Tutira Guthrie Smith Trustee); Met with Regional Sports Park CEO 26 September Met with Mr Russell Bayliss
	Discussions covered: · WCO including reactions in the press · PC6 implementation without Ruataniwha · Matariki governance structure proposed by Mayoral Forum after discussions around the need for governance level representation rather than operational/CEs · Issues and solutions at Whakaki including level of investment, along with discussions held with Tātau Tātau o Te Wairoa · Mayors invited to 11 October workshop to discuss regional rating and LTP issues
RC70/17	Resolution That the Council receives the verbal “Chairman’s Monthly” report. Barker/Beaven CARRIED

16.

Items of Business Not on the Agenda

Item	Topic	Councillor
1	Update on Tutira Progress going well with the recent installation of the bubbler in Lake Waikōpiro	Cr Bailey
2	HP water consent applications Since press release applications continue to be lodged with Council and would appreciate knowing how many are in the pipeline	Cr Beaven
3	Coastal Hazards How pathways will be funded and what the public-private split might look like for each (HDC 28 & NCC 22) to be agreed with councils	Cr Beaven
4	Newsletter published Not discussed	Cr Hewitt
5	Wairoa visits Update from recent meetings to discuss issues in the district including the wastewater treatment plant	Cr Wilson

Closure:

There being no further business the Chairman declared the meeting closed at 12.41pm on Wednesday 27 September 2017.

Signed as a true and correct record.

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