Agenda of Regional Council Meeting

Meeting of the Hawke's Bay Regional Council

Date: Wednesday 31 January 2018

Time: 2.00pm

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

Agenda

Item Subject Page

1. Welcome/Apologies/Notices

2. Conflict of Interest Declarations

3. Confirmation of Minutes of the Regional Council Meeting held on 13 December 2017

4. Follow-up Items from Previous Regional Council Meetings 3

5. Call for Items of Business Not on the Agenda 11

Decision Items

6. Regional Pest Management Plan Adoption for Public Consultation 13

7. Water Management Internal Audit 17

8. Affixing of Common Seal 25

Information or Performance Monitoring

9. Report from the 12 December 2017 Maori Committee Meeting 27

10. Chairmans Monthly Report - to be tabled

11. Discussion of Items Not on the Agenda 29

Decision Items (Public Excluded)

12. Confirmation of Public Excluded Meeting held on 13 December 2017 31

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 January 2018

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 11:

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 31 January 2018

Subject: Regional Pest Management Plan Adoption for Public Consultation

Reason for Report

1. To present the Regional Pest Management Plan (RPMP) for Council’s adoption for public consultation; having updated the Plan to include amendments recommended by the 15 November 2017 Environment and Services Committee meeting.

Options Assessment

2. The Hawke’s Bay Regional Pest Management Plan is the main statutory document implementing the Biosecurity Act 1993 in the region; providing a framework for the management of plant, animal and horticultural pests in Hawke’s Bay. In September 2014 the Biosecurity Act 1993 (the Act) was amended with the National Policy Direction (NPD) becoming active on 17 August 2015. HBRC’s Pest Management Plan 2013 (RPMP) is inconsistent with the NPD and HBRC is therefore required to undertake a full review of its RPMP, releasing a Proposed Plan for public consultation by March 2018.

Strategic Fit

3. Once operative, the RPMP will empower the Hawke’s Bay Regional Council to exercise the relevant advisory, service delivery, regulatory and funding provisions available under the Act to deliver the specific objectives identified in the Plan. Regional pest management sits within a biosecurity framework for the Hawke’s Bay region, which includes this Plan, the Hawke’s Bay Biodiversity Strategy and the HBRC Strategic Plan. Neighbouring Regional Pest Management Plans and national legislation, policy and initiatives have also influenced this Plan.

4. All programmes sitting within an RPMP are required to have clear measurable outcomes, which are specified within the Monitoring section. This Monitoring section is integrated into the Biosecurity Annual Operational Plan, which goes to Council for approval prior to each financial year. The Operational Plan sets out the operational delivery for each programme and the monitoring and reporting requirements. Staff report to council annually (November) on the progress of the Operational Plan. The operational plan is required to be updated to reflect changes made to the plan within three months of the Plan being approved.

Considerations of Tangata Whenua

5. One specific purpose of an RPMP under the Act is to provide for the protection of the relationship between Māori and their ancestral lands, waters, sites, wāhi tapu, and taonga, and to protect those aspects from the adverse effects of pests. Tangata whenua as kaitiaki are a key strategic partner in regional biosecurity delivering a range of social, cultural, economic and environmental outcomes for our region. Tangata whenua carry out significant pest management through their primary sector economic interests and as land owners and/or occupiers. The HBRC Biosecurity team are currently working alongside tangata whenua through the Poutiri Ao ō Tāne, Cape to City and Whangawehi projects.

6. A Biosecurity Working Party (BWP) was formed, which consisted of three appointed Councillors and three appointed members of the Regional Planning Committee. The BWP is responsible for:

6.1. Considering and recommending advice on the Regional Pest Management Plan review process and key issues;

6.2. Considering reports on the Regional Pest Management Plan and giving guidance on recommended approach and reviewing and giving guidance on the discussion document;

6.3. Reviewing and giving guidance on the proposal and to providing guidance on the alignment of the Regional Pest Management Plan and the objectives of the Hawke’s Bay Biodiversity Strategy;

6.4. Reviewing and giving guidance on received submissions.

7. The Biosecurity team has also presented to the Regional Planning Committee and the Maori Committee on the Regional Pest Management Plan review, consultation process and key changes to the plan.

Inclusion of Statement Outlining Biodiversity Benefits from RPMP

8. As recommended at the 15 November 2017 Environment and Services Committee meeting, an additional statement has been included at the start of the Proposed RPMP under the Proposer section, outlining biodiversity gains from largely primary production focussed Biosecurity programmes.

Financial and Resource Implications

9. The consultation process has resulted in key changes to the Regional Pest Management Plan, which this paper outlines. This RPMP Proposal will be publicly notified for public submissions to confirm community expectations and policy directions to be incorporated into the final plan in February 2018.

10. As the programmes set out in the proposed plan have financial implications, the budget for implementing the plan will need to be confirmed through the Long-term Plan process.

11. The budget required to support the key changes included within the proposed plan is:

11.1. $145,000 in contractor budget and one FTE for the possum control area, pest plant, marine biosecurity and feral goat management programmes;

11.2. $200,000 in contractor budget and two FTEs for wide-scale predator control.

12. As the final level of funding available to implement the plan will not be known until the Long-term Plan has been adopted, the proposed plan may be subject to change as a result of receipt of public submissions and the amount of funding that is allocated to the proposed plan through the Long-term Plan process.

Proposed Regional Pest Management Plan Timeline

13. A timeline of the proposed RPMP review is outlined below.

*Date*	*Responsible*	*Event*
31 January 2018	Council	Council adopts the Proposed Regional Pest Management Plan (RPMP) for public notification and consultation, subject to any changes agreed at the meeting
2 February 2018	HBRC Communications Team	Proposed RPMP publicly notified
7 & 13 February 2018	HBRC Staff	Update Regional Planning and Maori Committees on RPMP process and public notification/ consultation
16 March 2018	Submitters	Submissions close
April 2018	Biosecurity Working Party (BWP)	Public submissions considered and recommendations to Council agreed by the BWP
27 June 2018	Council	Final RPMP, amended as recommended by the BWP, adopted by Council
July 2018	HBRC staff	Council Decision issued to all submitters who then have 15 days to appeal to the Environment Court

14. Council is required to notify the Proposal by March 2018, in order to ensure that the current strategy does not expire on that date. If the current strategy were to expire, council would lose its enforcement powers under the Biosecurity Act until such time as a replacement plan became operative.

Decision Making Process

15. 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:

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

15.2. A special consultative procedure on the Regional Pest Management Plan is being undertaken.

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

15.4. The persons affected by this decision are all persons with an interest in the management of pests for the protection of primary production or biodiversity values, or any person with a pest listed in the Proposed RPMP on their property.

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

15.6. 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 “Regional Pest Management Plan for Adoption for Public Consultation” 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 the initiation of a proposal to revoke and replace the Hawke’s Bay Regional Pest Management Strategy 2013-2018.

4. Adopts the Regional Pest Management Plan as proposed, for public notification and consultation over the period February to March 2018.

Authored by:

Mark Mitchell

Principal Biosecurity Officer

Campbell Leckie

Manager Land Services

Approved by:

Graeme Hansen

Group Manager
Asset Management

Attachment/s

⇨1	Proposed Hawke's Bay Regional Pest Management Plan 2018 - 2038	Under Separate Cover
⇨2	Proposed Hawke's Bay Regional Pest Management Plan 2018 - 2038 Cost Benefit Analysis and Cost allocation report	Under Separate Cover
⇨3	Hawkes Bay Regional Possum Control Technical Protocol (PN4969)	Under Separate Cover
⇨4	Hawkes Bay Regional Predator Control Technical Protocol (PN4970)	Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 January 2018

Subject: Water Management Internal Audit

Reason for Report

1. To provide the amended scope (attached) for the proposed Water Management internal audit for Council’s agreement.

Changes Made

2. Changes made include an amendment from the original scope to have a narrower focus on Local Authorities who hold consents monitored by HBRC. An emphasis has also been placed on water bodies that supply drinking water to the public, specifically with regard to ensuring the health and safety of the community.

3. These changes are also in line with government expectations including the DIA and OAG.

Decision Making Process

4. 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:

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

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

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

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

4.5. 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. 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 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. Agrees to the Water Management Internal Audit scope as provided, and confirm approval for the audit to commence immediately.

Authored by: Approved by:

Melissa des Landes

Management Accountant

Jessica Ellerm

Group Manager
Corporate Services

Attachment/s

⇩1

Water Management Audit - Planning Memo - January 2018

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 January 2018

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 175 DP 12548 CT D4/1523 - Transfer 1.1.2 Lot 277 DP 11194 CT B3/91 - Transfer 1.1.3 Lot 55 DP 12227 CT D2/184 - Transfer 1.1.4 Lot 1 DP 4404 CT C2/276 - Transfer 1.1.5 Lot 212 DP 6598 CT C2/334 - Transfer 1.1.6 Lot 114 DP 12692 CT E1/71 - Transfer 1.1.7 Lot 2 DP 6391 CT D4/1413 - Transfer 1.1.8 Lot 94 DP 10121 CT C3/1182 - Agreement for Sale and Purchase 1.1.9 Lot 51 DP 11103 CT B2/127 - Transfer	4182 4184 4185 4187 4190 4191 4192 4193 4194	7 December 2017 15 December 2017 15 December 2017 20 December 2017 8 January 2018 8 January 2018 8 January 2018 15 January 2018 24 January 2018
1.2	1.2.1 C. Gibson (Delegations under Biosecurity Act 1993; 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 (Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and Clause 32B Schedule 7 of the Local Government Act 2002) 1.2.3 E. Wykes E. Wykes (Delegations under the Maritime Transport Amendment Act 2013 (Sections 33G(a))	4183 4188 4189	11 December 2017 4 January 2018 4 January 2018
1.3	Port of Napier Limited Subvention Agreement	4186	15 December 2017

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

2.1. 0 cross lease properties were sold, with 84 remaining on Council’s books

2.2. 1 single leasehold property was sold, with 127 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:

3.1 Sections 97 and 88 of the Act do not apply

3.2 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

3.3 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 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.

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 31 January 2018

SUBJECT: CONFIRMATION OF PUBLIC EXCLUDED MINUTES

That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 12 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Confirmation of Public Excluded Minutes of the Regional Council Meeting held on 13 December 2018

7(2)(a) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to protect the privacy of natural persons.

7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

7(2)(j) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

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

Authored by:

Leeanne Hooper

Governance Manager

Approved by:

Liz Lambert

Group Manager
External Relations