Agenda of Regional Council Meeting

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 November 2017

Subject: Call for Items of Business Not on the Agenda

Reason for Report

1. Standing order 9.12 states:

“A meeting may deal with an item of business that is not on the agenda where the meeting resolves to deal with that item and the Chairperson provides the following information during the public part of the meeting:

(a) the reason the item is not on the agenda; and

(b) the reason why the discussion of the item cannot be delayed until a subsequent meeting.

Items not on the agenda may be brought before the meeting through a report from either the Chief Executive or the Chairperson.

Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002 with regard to consultation and decision making.”

2. In addition, standing order 9.13 allows “A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.”

Recommendations

1. That Council accepts the following “Items of Business Not on the Agenda” for discussion as Item 13:

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

Item Name

Reason not on Agenda

Reason discussion cannot be delayed

1.2. Minor items for discussion only

Item	Topic	Councillor / Staff
1.
2.
3.

Leeanne Hooper

GOVERNANCE MANAGER

Liz Lambert

GROUP MANAGER
EXTERNAL RELATIONS

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 November 2017

Subject: Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference

Reason for Report

1. To provide the updated Terms of Reference for the Joint Committee as agreed at the inaugural Joint Committee meeting held on 24 October 2017 for Council adoption.

Background

2. Council previously agreed the draft Terms of Reference, participation in the Joint Committee as a Member and the appointment of councillors by resolution on 26 July 2017, being that Council:

2.1. Agrees, subject to the agreement of the other participating agencies, to establish the Hawke’s Bay Drinking Water Governance Joint Committee in accordance with clause 30 and clause 30A of Schedule 7 of the Local Government Act 2002.

2.2. Appoints councillors Tom Belford and Paul Bailey to the Hawke’s Bay Drinking Water Governance Joint Committee for the remainder of the current Triennium.

2.3. Endorses the Terms of Reference for the Hawke’s Bay Drinking Water Governance Joint Committee as follows.

Considerations of the Joint Committee

3. Through the process of considering the ‘draft’ Terms of Reference proposed in July, agencies invited to be members offered suggestions for addition and amendment including:

3.1. The addition of quantity and reliability to matters for the Joint Committee to consider, so that 2.3.1 of the Purpose now reads “Programmes and initiatives to protect and enhance drinking water quality, quantity, safety and reliability”

3.2. The suggestion that the JC Chairperson be elected from the appointed members of the JC was not accepted, and clause 3.4 confirmed, being appointment of an Independent Chairperson to be made

3.3. The suggestion of a 1 year term for the appointed Independent Chairperson and the elected Deputy Chairperson was not accepted and clauses 3.4 and 12.2 confirmed, being 3 year terms aligned with triennial local elections

3.4. The addition of a clause (6.2) specifying what the JC is not delegated to do.

Financial and Resource Implications

4. Member organisations are responsible for payment of any meeting related expenses for their participation on the JC (clause 8.1), and will agree the apportionment of the costs of the Independent Chairperson (clause 8.2).

5. HBRC will bear the administrative costs of the Joint Committee as the Administering Authority (clause 7.2).

Decision Making Process

6. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

6.1. The decision does not significantly alter the service provision or affect a strategic asset.

6.2. The use of the special consultative procedure is not prescribed by legislation.

6.3. The decision does not fall within the definition of Council’s policy on significance.

6.4. The persons affected by this decision are the Hawke's Bay Drinking Water Governance Joint Committee member organisations and their appointees.

6.5. The decision is not inconsistent with an existing policy or plan.

6.6. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That Council:

1. Receives and notes the “Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference” 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. Adopts the Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference as amended and agreed by the Joint Committee at its inaugural meeting held 24 October 2017.

4. Amends the Hawke’s Bay Regional Council governance structure and all related documentation to include the Hawke's Bay Drinking Water Governance Joint Committee as a Committee of Council.

Authored by:

Leeanne Hooper

Governance Manager

Approved by:

James Palmer

Chief Executive

Attachment/s

⇩1

Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference Agreed 24 October 2017

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 November 2017

Subject: Affixing of Common Seal

Reason for Report

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 11 DP 14228 CT G1/43 - Transfer 1.1.2 Lot 58 DP 14447 CT G2/665 - Agreement for Sale and Purchase 1.1.3 Lot 2 DP 6391 CT D4/1413 - Agreement for Sale and Purchase	4155 4156 4157	2 November 2017 13 November 2017 14 November 2017
1.2	1.2.1 A. Gibson M. Marcus Hyde-Hills K. Jefferd C. Edmonds (Delegations under Resource Management Act 1991; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174) 1.2.2 A. Burton J. Hales M. Hall N. McHaffie A. Mackay A. Borrell D. Parsons J. Wu (Delegations under Resource Management Act 1991; Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174) 1.2.3 R. Christison Kerry Parker (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174))	4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4158 4159	20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017 20 November 2017
1.3	Hawke’s Bay Regional Investment Company Limited Proxy	4154	25 October 2017

2. As a result of sales, the current numbers of Leasehold properties owned by Council are:

2.1. No cross lease properties were sold, with 85 remaining on Council’s books

2.2. Two single leasehold properties were sold, with 134 remaining on Council’s books.

Decision Making Process

3. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

2.1 Sections 97 and 88 of the Act do not apply

2.2 Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided

2.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.

Recommendations

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. Confirms the action to affix the Common Seal.

Authored by:

Trudy Kilkolly

Financial Accountant

Diane Wisely

Executive Assistant

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

James Palmer

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 November 2017

SUBJECT: 2016-17 Biosecurity Annual Report - Pest Animals and Plants

Reason for Report

1. To provide Council with the 2016-17 Annual Report on HBRC’s Biosecurity activities as required by the Biosecurity Act 1993, within five months of that financial year’s close.

Animal Pests

2. Possum initial control has been completed with all PCAs now under maintenance control. Just under 50,000 ha of TBFree possum control transferred to the PCA programme this financial year. There are now just over 2500 land users who are managed as part of the ongoing maintenance phase.

3. Overall the PCA programme is highly successful with one of the lowest residual trapcatch results of any land user based programme of this kind in New Zealand. Many areas under maintenance have now been in the PCA programme for ten or more years with very low possum numbers over that time. Some land users are now not seeing the need to continue to undertake regular maintenance, and given the overall scale and success of the PCA programme are effectively being carried by the efforts of their neighbours. Staff have implemented a range of initiatives to target this risk, including directly approaching the 10-15% of land users who are considered in the higher risk category.

4. The stage two due diligence on the integration of feral cats, stoats, ferrets and hedgehog control into the PCA programme at a large scale is underway within the Cape to City project. The potentially significant economic and environmental benefits from the wide scale predator control (WSPC) of these additional pests is being tested through a range of research and operational initiatives. The technical ability to deliver low cost WSPC into HBRC’s regional PCA programme is a collaborative project between DOC, Aotearoa Foundation, Landcare Research and HBRC. This project is breaking new ground in New Zealand for small mammal pest control in farmland in a number of areas.

5. Areas of focus include wireless trap and motion sensitive cameras for monitoring and new approaches to environmental education. A number of these new techniques are already being transferred out to community restoration and biodiversity groups from Mahia to Central Hawke’s Bay. Cape to City is also building significant profile regionally and nationally and HBRC has submitted an expression of interest to PFNZ 2050 for regional predator control rollout based on what has been learned to date.

6. The aerial rook control programme continues to be successful. A total of 66 active nests were treated across the eradication zone north of SH5 compared to 51 in the 2015-16 financial year. A total of 212 active nests were aerial treated across the control zone south of SH5 compared to 286 in 2015-16. As a result of rookeries south of SH5 moving north into the eradication zone and new rookeries being found through increasing communications it is likely that rook numbers across the zones may vary from year to year while continuing the downward trend. Farmer engagement has been very successful and is a key element in the eventual eradication of rooks from Hawke’s Bay.

7. RHD continues to circulate within Hawke’s Bay and immunity to RHD is now widespread within rabbit populations. Isolated hot spots of high rabbit numbers are now being seen. Over the next 2-3 years these areas may require localised rabbit control operations. As part of a national collective staff will be reviewing the potential for the introduction of new strains of RHD with a potential national release in autumn 2018.

8. The urban pest management programme that began in 2008 continues to be successfully completed over urban and peri-urban areas of Napier, Hastings and Havelock north. Over the next two years the urban programme focus will shift to Central Hawke’s Bay. Overall public response to the urban pest management programme has been excellent. Bird monitoring shows that Tui have increased four fold and bellbird have trebled within the urban pest management operational areas monitored.

Plant Pests

9. The urban Privet programme is now delivering a much higher level of productivity through the use of a contractor, with the cost of privet removals from properties reduced from $525 to $260. As part of the pest management plan review staff will be conducting a review of the privet programme. Staff are investigating the options to see if it is possible to more effectively link the control of privet directly to privet health related issues through allergy tests. It is likely that changes will be proposed to the privet programme as part of the Regional Pest Management Plan Review.

10. Low incidence plants controlled were Climbing spindleberry, Cathedral bells, Blue passion flower, Phragmites and Asiatic knotweed.

Phytosanitary Pest Management Strategy

11. The Regional Phytosanitary Pest Management Plan was drafted as a separate plan to the Regional Plant Pest and Animal Pest Management Plan (RPMP) as it is specific to the Pip Fruit Sector.

12. Hawke’s Bay Fruit Growers advise that this Strategy has been effective in enabling them to influence the effective management of abandoned and derelict orchards. Hawke’s Bay Fruit Growers’ Association have used this process with a number of growers over the past 5 years, with a satisfactory outcome being achieved without Council intervention.

13. Staff have met with representatives of Pipfruit NZ as well as representatives from Hawke’s Bay Fruitgrowers Association, Hawke’s Bay Grapegrowers’ Association, Hawke’s Bay Vegetable Growers’ Association and Kiwifruit and Berryfruit Growers. These groups are keen to work with HBRC to further develop this Plan to cover threats to their sectors, and to develop a more proactive approach to the early identification of disease and pest risks to their industries. HBRC staff propose to work with these industry groups to identify the most appropriate way to deliver more effective regional biosecurity risk management for these sectors. Provision has been made in the Long Term Plan to resource this work.

Other

14. Staff continue to lead didymo coordination as a key regional stakeholder in the Hawke’s Bay East Coast regional response group.

Decision Making Process

15. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That Council receives and notes the 2016-17 Biosecurity Annual Report - Pest Animals and Plants.

Authored and Approved by:

Campbell Leckie

Manager Land Services

Attachment/s

⇩1	Plant and Animal Pests Annual Report 1 July 2016 - 30 June 2017
⇩2	Regional Phytosanitary Pest Management Operational Plan 1 July 2016 - 30 June 2017

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 29 November 2017

SUBJECT: HBRC Staff Projects and Activities through December 2017 and January 2018

Reason for Report

1. The table below is provided for Councillors’ information, to inform them of significant issues and activities over the next couple of months.

Project	Team /Section	Description	Activity Status Update
TANK	Groundwater Science	Heretaunga groundwater age and tracer study	1. GNS report on Heretaunga groundwater age and tracers is being reviewed again, to ensure interpretations are reported appropriately, with finalisation anticipated December 2017.
	Groundwater Science	Heretaunga Plains groundwater flow model	2. Integrated groundwater - surface water modelling continues to contribute scenario findings to the stakeholder group. Reliability of supply analyses to be delivered 15 Dec to economic assessment contractor. Modelling and scientific analyses must conclude in December, to enable delivery of technical reports in May 2018.
	Water Quality & Ecology		3. Developing a shading toolbox to outline pragmatic options available for landowners and managers with regards to planting options 4. Processing modelling results for nutrient and loads generated in different parts of the catchments 5. Faecal source tracking will be undertaken in parts of the Karamu catchment this summer 6. Advice has been provided to the TANK Group on proposed estuarine water quality guidelines to be addressed via upstream management. 7. Longitudinal water quality surveys to identify key sources of phosphorus to the Ahuriri from urban catchments has been undertaken and result are being discussed with Napier City Council.
	Land Science	Sediment modelling	8. Providing data and advice on sediment and erosion scenarios
	Policy	Stakeholder Engagement for Policy Development	9. Next TANK Group meetings are 22 Feb & 22 March.
Ngaruroro and Clive Rivers WCO application	Policy	Presentation of HBRC’s Stage 1 submission to Special Tribunal	10. HBRC’s case was presented to Tribunal’s Stage 1 hearing (re Upper Ngaruroro) on 21 Nov. Case included expert witness statements on native birds, water quality, native fish, planning, and statements from James Palmer and legal counsel. 11. Tribunal has indicated Stage 1 hearing proceedings will continue through early December, and that Stage 2 (lower Ngaruroro & Clive) will occur around May 2018.
	Water Quality & Ecology	Hearing for Upper Ngaruroro and further investigations for lower	12. Focus on how water quality and native fish communities compare on a regional & national scale, with further investigations to be undertaken over summer (focusing on fish surveys) for the Stage 2 hearing.
PC6 Implementation	Regulation	Farm Environmental Management Plans required by 1 July 2018	13. Compliance section not yet resourced for additional work required under PC6 – resource requirements being considered through LTP development process.
	Water Quality & Ecology	Using shading to manage instream weed growth trials	14. Processing results from feedlot sampling 15. Preparing results from Kahahakuri priority subcatchment water quality investigations
	Policy	Further advice about options for urgent implementation matters	16. Report presented to RPC meeting 1 November outlining “options (including scope, timing and resources) for progressing a narrow plan ...“ Refer to Council agenda item “report from 1 Nov RPC meeting”.
Representation Review	Electoral Officer / Snr Planner, Governance & Iwi Liaison	Maori representation	17. Council decision made 15 November to not establish Maori constituencies – to seek feedback from Maori Committee whether there is support for a Poll at 2019 local election
Clifton to Tangoio Coastal Hazards Strategy 2120	Asset Management	Developing coastal hazard options and solutions for priority cells, along with funding considerations for consultation	18. Two assessment panels (Napier Port to Tangoio; Clifton to Napier Port) have scored options & determined a recommended pathway including indicative costs within each priority unit. Funding mechanisms being discussed with TLAs & Joint Committee.
Engineering	Asset Management	Gisborne District Council Stopbank upgrade	19. Consent hearing early December; contention over effects of proposed upgrade.
		Consent Evaluation and stormwater analysis	20. Assist TLAs with Mission Hill special character zone, Awatoto Industrial, Howard Street Hastings, Iona Triangle Havelock North.
		Rating Systems	21. Review targeted scheme rating systems for accuracy.

Project	Team /Section	Description	Activity Status Update
Biosecurity	Biodiversity		22. Appointment of a biodiversity implementation plan project manager.
	Animal pest management		23. Preparation of 18-19 animal pest contracts including rabbits, rooks, river berm, TBFree possum rollover and urban possum control. 24. Finalise the Regional Pest Management Plan cost benefit analysis and S70 requirements. 25. Regional Pest Management Plan for public consultation in February.
	Cape to City		26. Completion of 26000 ha of initial predator control.
	Plant pest		27. Chilean Needlegrass work programme focus including machinery washdown compliance.
Environmental Hotspots and FIF projects	Water Quality & Ecology	Marine	28. A proposed collaborative project on the Wairoa Hard is currently with MPI for a decision. 29. Hydrodynamic model scoping needs are currently being identified.
		Coastal Research Strategy	30. Looking at habitat/epibenthos associations throughout Hawke’s Bay 31. Investigating dissolved oxygen concentrations throughout Hawke’s Bay in wake of large flood deposits
		Ahuriri	32. Land Action plan is nearing completion.
		Whakaki	33. Evaluating option of adjustable weir within the FIF project to retain water in the lake to prevent critically-low lake levels following a spring opening 34. Securing land for manuka and wetland plantings, and recirculating wetland, as part of Stage II 35. Exploring consent requirements 36. Webcamera working well
	Land Science	Tutira & Whakaki	37. Assist with physical characterisation of Tutira and Whakaki catchments
	Open Spaces and Water quality & Ecology	Lake Tutira	38. Oxygen levels in Waikopiro now 100% or higher throughout the lake, following installation of air curtain 39. Temperature is rising throughout lake – the potential impacts of consistently warmer water for trout population are of concern 40. Ceratium bloom in Waikopiro persisting
		Karamu	41. Karamu hotspot programme confirmed and to be progressed over 5 locations – Mangateretere Stream, Whakatu, Pakipaki, Bridge Pa and Te Hauke.

Project	Team /Section	Description	Activity Status Update
Other Resource Management Projects	Land Science	Regional Point Analysis land monitoring programme	42. Set-up of over 6,876 individual land monitoring points across the region has started, with Ahuriri catchment completed, now proceeding with other “Hot Spot” catchments before spreading out across the region.
		2017-18 Soil Quality Monitoring programme	43. Awaiting soil sample results to begin reporting
		SoE Wetland monitoring programme	44. Selection of 15-20 more permanent sites in TANK area begins in December.
		Soil loss / dust monitoring monitoring programme	45. deployment of passive dust monitoring equipment delayed due to shipping delays.
		Regional soil mapping (S-Map)	46. Continuing in northern part of region. Expected completion by June 2018.
Resource Consents		Applications processing/pending	47. Te Mata Mushrooms Air discharge notified 232 submissions. On hold to lodge consent with HDC – s91 48. HBRC Gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri all lodged. In process 49. PanPac coastal discharge notified in July – now proposed to be referred directly to Environment Court. Officer report completed 17 November. PanPac now to decide to proceed to Environment Court or have a local hearing. 50. Landcorp Ahuriri stormwater discharge – application lodged. Meeting held with applicant NCC, Mana Ahuriri, DOC and Airport. Landcorp and NCC to discuss strategy for better stormwater management. 51. Port of Napier wharf extension and dredging – application pending 52. Clifton coastal protection works. Application notified 18 November 2017.

Decision Making Process

2. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That Council receives the HBRC Staff Projects and Activities through December 2017 – January 2018 report.

Authored by:

Craig Goodier

Team Leader Principal Engineer Modelling

Dr Andy Hicks

Team Leader/Principal Scientist - Water Quality and Ecology

Leeanne Hooper

Governance Manager

Gavin Ide

Manager, Strategy and Policy

Campbell Leckie

Manager Land Services

Dr Barry Lynch

Team Leader Principal Scientist Land Science

Anna Madarasz-Smith

Senior Scientist - Coastal Quality

Malcolm Miller

Manager Consents

Joyce-Anne Raihania

Senior Planner
Governance and Iwi Liaison

Dr Jeff Smith

Team Leader/Principal Scientist – Hydrology/Hydrogeology

Dr Stephen Swabey

Manager Science

Thomas Wilding

Senior Scientist

Wayne Wright

Manager Resource Use

Approved by:

Iain Maxwell

Group Manager
Resource Management

Liz Lambert

Group Manager
External Relations

Tom Skerman

Group Manager
Strategic Development

Attachment/s

There are no attachments for this report.