Agenda of Regional Council Meeting

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 October 2018

Subject: Final Representation Arrangements and Referral to the Local Government Commission for Determination

Reason for Report

1. To provide the means for Council to:

1.1. consider the submission received on its initial proposal, and

1.2. resolve Council’s final proposed Representation Arrangements for the 2019 Local Government Elections for advice by public notice and referral to the Local Government Commission for determination including “special community of interest” exemptions as detailed.

Background

2. Council is required to review its representation arrangements at least once every six years; that being this year (to take effect for the 2019 local body elections).

3. In conducting the representation review the key components Council must determine by resolution are:

3.1. The proposed number of constituencies – having given consideration to, and identified, communities of interest.

3.2. The proposed name and the proposed boundaries of each constituency – ensuring, as far as practicable, constituency boundaries coincide with the boundaries of one or more territorial authority districts or the boundaries of wards.

3.3. The number of members proposed to be elected by the electors of each constituency – a regional council is required to have between 6 and 14 members.

4. On 25 July 2018 Council resolved its initial proposed representation arrangement as being the ‘status quo’ with three minor boundary alterations in the Hastings and Ngaruroro constituencies. This proposal was publicly notified on 4 August, and open for submissions up until 17 September 2018.

Submission

5. Council’s initial proposal received one submission, from Central Hawke’s Bay District Council (CHBDC) (attached).

6. The CHBDC submission supported Council’s retention of the Central Hawke’s Bay Constituency as a ‘special community of interest’ and the application to the Local Government Commission for exemption from s.19V(2) +/-10% rule.

7. The submission also raised concerns relating to the geographical size of the constituency, with the current and proposed HBRC representation arrangement based on population as required by legislation, and a suggestion put forward that land area should be considered as part of the assessment of “fair and effective” representation. For example, Central Hawke’s Bay and Wairoa each cover 25% of the land area in Hawke’s Bay but have only one representative at the HBRC table.

8. One of the reasons for the HBRC application to the LGC for exemption from the +/-10% relates to geographical area, however is in terms of the elected representative’s being accessible to constituents and the distances they are required to travel rather than representation as a proportion of the region’s land area.

Considerations for Council

9. Fair representation is defined as a democratic model where there is a reasonable ratio of elected members per head of population to assure elected members are in reasonable geographic proximity to their constituents for easy contact, and that there is sufficient opportunity for the representation and involvement of communities of interest. There should be a strong link between elected representatives and their constituencies so as to promote a healthy democracy, protect citizens’ rights and ensure that their views and opinions are heard.

10. The Guidelines identify three dimensions for recognising communities of interest, being:

10.1. Perceptual – a sense of belonging to an area or locality

10.2. Functional – the ability to meet the community’s requirements for services

10.3. Political – the ability to represent the interests and reconcile conflicts of the community.

11. Staff considered the key factors of effective and fair representation, and the previous LGC determinations for acceptance as communities of interest and have concluded that the applications for ‘community of interest’ exemptions supported by the information following will allow the key factors to be met.

12. The applications to the Local Government Commission for exemptions from s.19V(2) for the Central Hawke’s Bay and Wairoa constituencies are necessary to ensure that effective representation is not limited by the requirement to group together communities of interest with few commonalities of interest to meet the population requirements.

Central Hawke’s Bay Constituency

12.1. Specifically, in Central Hawke’s Bay, the representation arrangement in place for the 2007 and 2010 elections combined parts of the Hastings District to the west and north of Napier (including Havelock North) with CHB. This arrangement was changed by the Local Government Commission after Council’s 2012 representation review, which received feedback from residents of those areas (now contained within the Ngaruroro and Hastings constituencies) was that they felt they lacked representation on the regional council because they had a different community of interest from those in the CHB district. The 2013 LGC determination states:

12.1.1. “that the addition of areas of Hastings District to the Central Hawke’s Bay Constituency had caused confusion for residents living relatively close to the Hastings urban area but voting within Central Hawke’s Bay Constituency. Those within Hastings District identified with Hastings District Councillors, and had no significant connections with Central Hawke’s Bay; as demonstrated by a Council consultation process on potential off-river water storage for the Ngaruroro River.

12.1.2. The area of Central Hawke’s Bay Constituency, based on Central Hawke’s Bay District, is already a significantly large area for one councillor to service, and given the long distances having to be travelled to have face to face meetings with constituents, or to attend public meetings throughout the area.

12.1.3. The physical realities of the area give rise to particular issues of concern like hill country erosion, pressure on coastal development, biodiversity protection, flooding and other natural hazards.

Wairoa Constituency

12.2. In Wairoa, the size and diversity of the constituency and reasonable access to representation were proved through the Local Government Commission determinations in 2007 and 2013, as being:

12.2.1. “We first addressed the issue of the proposed Wairoa Constituency and its non-compliance with the +/- 10% rule. After carefully considering the points raised by the Council and also those made by the Mayor of Wairoa and the Wairoa Constituency Councillors, as set out earlier in this determination, we agree that a separate Wairoa Constituency is necessary to ensure effective representation of this community of interest. In summary we agree that:

12.2.2. Wairoa has a community of interest distinct from the rest of the region, both physically and socio-economically, and this presents particular challenges for community consultation and provision of services;

12.2.3. The physical realities of the area give rise to particular issues not experienced elsewhere including hill country erosion, pressure on coastal development, pest management, transport infrastructure, biodiversity protection, wetland enhancement, flooding and other natural hazards;

12.2.4. Effective representation is most unlikely to be achieved by merging Wairoa into another constituency in order to comply with the +/- 10% rule as this would result in a very large area (70% of the land area of the region) with few commonalities of interest and still eligible for only one councillor;

12.2.5. Effective representation would be compromised in terms of both access to a councillor and representation of the diversity of the constituency; and

12.2.6. The demands on a councillor servicing an enlarged area would be unreasonable.”

13. The applications to the Local Government Commission for exemptions from s.19V(2) for the Ngaruroro and Napier constituencies are necessary to ensure that effective representation is not limited by the requirement to divide a community of interest to meet the population requirements.

Ngaruroro Constituency

13.1. In the case of the Ngaruroro Constituency, it was created to recognise the distinct communities of interest within Hastings District as subdivided into urban, and plains and rural, and aligned with the Hastings District Rural Community Board boundaries, to provide more effective representation for these communities as follows.

13.1.1. “…we have decided to adopt the urban-rural split proposed by the Hastings District Council. This also entails the addition of some meshblocks around the three urban wards which the Council identified as having commonalities in community of interest with the proposed Hastings Urban Constituency, such as Whakatu with its large industrial focus. We note the Hastings Rural Constituency (now Ngaruroro) does not comply with the ‘+/-10% rule’ but, as argued above, we believe this to be necessary for achievement of effective representation for the community of interest in this constituency.”

Napier Constituency

13.2. The Napier Constituency was also previously accepted by the Local Government Commission in 2007 and 2012 as a ‘community of interest’, with the 2012 Commission commenting that:

13.2.1. Given the numbers involved and the predominantly urban nature of the Napier Constituency, we note that a large segment of the outlying area of Napier City would have to be transferred to the adjoining Hastings Constituency. We also note that the neighbouring parts of the Hastings Community are primarily rural or semi-rural in nature. While it is guided by the principle of fair representation defined in the Act by the +/-10% rule, the Commission considers it is also appropriate to be guided by the requirement to ensure, so far as is practicable, constituency boundaries coincide with territorial authority boundaries. The Commission sees this as important as territorial authorities reflect communities of interest based on the delivery of a wide range of day-to-day services. Territorial authority districts are also areas that electors closely identify with which in turn encourages participation in local government such as by voting or standing as a candidate at local elections.

13.3. Accordingly, the 2012 Commission specifically ruled:

13.3.1. The situation remained very similar at this review in terms of the numbers needing to be transferred out of Napier Constituency in order to comply with section 19(V)(2) although the variation at +11.64% is less than in 2007 and even more marginal. Accordingly we also endorse the Council proposal in relation to this constituency.

Process Timelines

14. LEA timeframes for electoral matters have been set to ensure the correct processes are followed, in the correct order, with those being:

*LEA deadline*	*Requirement*	*Date & HBRC resolution*
By 12 September 2017	Choice of electoral system	30 August 2017 To retain First Past the Post
By 23 November 2017	Decision on the establishment of Māori constituencies	15 November 2017 To not establish Māori constituencies
By 19 November 2018	Submissions considered and public notice of final representation arrangements given	24 October 2018 Final representation arrangements for public notice on 27 October 2018
By 15 January 2019	Submit all Representation Review documentation to Local Government Commission	Including information supporting applications for exemption from section 19(V)(2) requirement
By 10 April 2019	Local Government Commission determination on Hawke’s Bay Regional Council representation arrangements

15. Following Council’s resolution today, staff will provide all the necessary documentation to the Local Government Commission as soon as practicable to enable the Commission’s consideration at its earliest opportunity, given their significant workload with 56 other local authorities in the process of completing their representation reviews.

Decision Making Process

16. 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:

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

16.2. The use of the special consultative procedure was undertaken in accordance with the LGA and Local Electoral Act requirements for local authorities to review their representation arrangements.

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

16.4. The persons affected by this decision are the voters who elect members of the Hawke’s Bay Regional Council.

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

16.6. 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

1. That the Hawke’s Bay Regional Council receives and considers the Central Hawke’s Bay District Council submission on the Initial Proposed Representation Arrangement.

2. The Hawke’s Bay Regional Council, having considered the written submission from Central Hawke’s Bay District Council, confirms its initial proposal for the Hawke's Bay Regional Council representation arrangements for the elections to be held on 12 October 2019, being for:

2.1. Five constituencies, as the identified communities of interest in Hawke’s Bay, the proposed names and boundaries of each of the five being:

2.1.1. Central Hawke’s Bay; the constituency boundary being the same as that for the Central Hawke’s Bay District Council area.

2.1.2. Hastings; the constituency boundary being that area which encompasses the wards of Flaxmere, Hastings-Havelock North and most of Heretaunga within the Hastings District Council area.

2.1.3. Napier; the constituency boundary being the same as that for the Napier City Council area.

2.1.4. Ngaruroro; the constituency boundary being that area which encompasses the wards of Mohaka, Kahuranaki and parts of Heretaunga within the Hastings District Council area as well as meshblocks within the Regional boundary belonging to Rangitikei and Taupo District councils.

2.1.5. Wairoa; the constituency boundary being the same as that for the Wairoa District Council area.

2.2. Agrees to include the following meshblocks from the Ngaruroro Constituency into the Hastings Constituency in order to align with Hastings District Council ward boundaries in accordance with LEA, and resulting in an increase in population in the Hastings Constituency (+350) and a decrease in population in the Ngaruroro Constituency (-350):

2.2.1. 1465506 and 1465601 (100)

2.2.2. 1466710 (250).

2.3. Nine (9) elected members, those being:

2.3.1. One (1) member elected by the Central Hawke’s Bay Constituency

2.3.2. Three (3) members elected by the Hastings Constituency

2.3.3. Three (3) members elected by the Napier Constituency

2.3.4. One (1) member elected by the Ngaruroro Constituency

2.3.5. One (1) member elected by the Wairoa Constituency.

3. Notes that this proposal does not fully comply with the Local Electoral Act 2001 section 19V(2), but that the proposal is considered the most appropriate solution for Hawke’s Bay.

4. Applies to the Local Government Commission for approval to retain the Central Hawke’s Bay, Napier, Ngaruroro and Wairoa constituencies as “communities of interest” with effective representation warranting non-compliance with the LEA, section 19V(2) +/-10% fair representation requirement, as shown in the table following, and with the reasons for the application being:

4.1. compliance with s.19V(2) would limit effective representation of communities of interest by, in the cases of Central Hawke’s Bay and Wairoa, requiring the grouping together of communities of interest with few commonalities of interest, and in Napier and Ngaruroro, would require dividing a community of interest.

Constituency Population Statistics

Constituency	Population	Reps	Population per Rep	Difference from average	Percentage difference
Central Hawke's Bay	13,850	1	13,850	-4,380	-24.03%
Hastings	59,150	3	19,700	+1,470	+8.06%
Napier	62,000	3	20,700	+2,470	+13.37%
Ngaruroro	20,850	1	20,850	+2,620	+14.4%
Wairoa	8,220	1	8,220	-10,010	-54.91%
Total	164,070	9	18,230

* The populations used are the estimated resident population as at 30 June 2017 provided by Statistics NZ.

The % difference column shows the calculation applied when determining whether an area complies with the +/-10% rule in section 19V(2) of the LEA. Where this difference falls outside the +/-10% range it is shown in bold.

5. Agrees to publicly notify the final proposal on 27 October 2018 to comply with the Local Electoral Act 2001.

6. Acknowledges the consultation procedures required for Representation Reviews under the Local Electoral Act (sections 19M and 19N).

7. Provides all of the Representation Review documentation to the Local Government Commission as soon as practicably possible to enable that body’s determination of the Representation Arrangements for the Hawke’s Bay Regional Council elections to be held on 12 October 2019.

Authored by:

Leeanne Hooper

Principal Advisor Governance

Approved by:

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Attachment/s

⇩1

CHB District Council Submission to Initial Proposed Representation Arrangements

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 October 2018

SUBJECT: Adoption of the Audited 2017-18 Annual Report

Reason for Report

1. To enable Council to adopt the 2017-18 audited Annual Report, and to authorise the signing of the report.

Background

2. The draft 2017-18 Annual Report was considered by Council on Wednesday 29 August 2018 and adopted for audit.

3. An updated draft Annual Report was subsequently presented to the Finance, Audit and Risk Sub-committee on Wednesday 19 September 2018 along with an opportunity to ask questions of Council’s Auditor, Stephen Lucy, who attended the meeting. A further update was presented to the Corporate and Strategic Committee on Wednesday 3 October 2018.

4. It is now necessary for Council to consider the audited 2017-18 Annual Report for formal adoption and publication. The statutory deadline for the adoption of the Annual Report is four months after balance date, being 30 October 2018.

5. Subsequent to Council approval and in line with Section 98 of the Local Government Act, the 2017-18 Annual Report will be printed for distribution within one month of adoption and will also be published on Council’s website.

6. A summary document of the information contained in the Annual Report is also required under Section 98 of the Act. This summary is required to be made publically available within one month of adoption. The summary is audited to ensure that it fairly and consistently represents the information regarding the major matters in the full Annual Report. The summary Annual Report will be published on the Council’s website by 30 November 2018.

7. The final Annual Report is provided under a separate cover, in hard copy to councillors only. The final audit report has yet to be received from Audit NZ, and will be tabled at the Council meeting.

Changes to the Annual Report from the Draft Version Council Approved

8. The following significant adjustments have been made to the Annual Report from the draft version adopted for Audit at the Council meeting on 29 August 2018.

Committee Member Remuneration

9. Council requested that committee member remuneration be disclosed for the Regional Planning Committee, Maori Committee and for the independent member of the Finance, Audit and risk Sub-committee. These have been included in the final Annual Report.

10. The individual members involved have been notified of the disclosure and their feedback has been taken into account.

Issue: HBRIC Ltd Consolidation

11. At the time of the draft version adopted for Audit HBRC did not have the finalised accounts from HBRIC Ltd and so were unable to provide consolidated group accounts.

12. The final attached Annual Report includes group financial information incorporating HBRIC Ltd and Napier Port.

Valuation of Hawke’s Bay Regional Investment Company Ltd

13. HBRIC Ltd have revalued Napier Port to $291 million. This has been driven from the work performed for the Napier Port capital structure transaction.

14. The approach agreed by Council was to use the valuation provided by HBRIC Ltd and to obtain an independent valuation of HBRIC Ltd that takes into account the value of any debt and ongoing management costs.

15. BDO New Zealand Ltd has provided this work and have come to a value for HBRIC Ltd of $283.5 million. This provides a fair value gain of $48 million from the previous valuation 3 years ago.

16. It was confirmed at the Corporate and Strategic committee on Wednesday 3 October 2018 that Councillors were comfortable with this approach.

Hawke’s Bay Regional Investment Company Ltd

17. The HBRIC Ltd Board approved the audited annual statements for year ending 30 June 2018 at its meeting on 30 September 2018. HBRIC Ltd’s group accounts, including the Napier Port, are incorporated into the final Annual Report group results.

18. HBRIC Ltd have been issued a qualified audit opinion due to insufficient evidence to determine the tax effects of Ruataniwha Water Storage Scheme expenditure.

19. This qualified option will flow through to the HBRC Group accounts as this incorporates the same decisions made by the directors of HBRIC Ltd.

Audit of HBRC Annual Report

20. At the time of writing this report the formal Audit Report is in the process of being cleared but it is expected that it will be available for tabling at this meeting. Audit New Zealand Audit Director, Stephen Lucy will also be in attendance to answer any questions.

Decision Making Process

21. Council is required to make every decision in accordance with provisions of Part 6, sub‑part 1 of the Local Government Act 2002 (the Act). Staff have assessed requirements of the Act in relation to this item and have concluded that as the Annual Report is a statutory report required to be adopted by Council no later than 30 October 2017 under Section 98 of the Act, the other decision making provisions do not apply.

Recommendation

That Hawke’s Bay Regional Council adopts the audited 2017-18 Annual Report, under Section 98 of the Local Government Act 2002, and authorises the Chairman and Chief Executive to sign the Annual Report on behalf of Council.

Authored by:

Manton Collings

Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager Corporate Services

Attachment/s

⇨1

2017-18 Annual Report for Adoption

Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 October 2018

Subject: Report and Recommendations from the Corporate & Strategic Committee

Reason for Report

1. The following matters were considered by the Corporate & Strategic Committee meeting on 3 October 2018 and the recommendations agreed are now presented for Council’s consideration.

Reports Received

2. Report and Recommendations from the Finance Audit and Risk Sub-Committee meeting held on 19 September were put to the Committee for consideration.

3. Kahutia – Ngati Kahungunu Iwi Incorporated Carbon Credit Proposal – Sought endorsement from the Corporate and Strategic Committee for negotiations to be undertaken on a lease agreement for a portion of the Council’s ‘carbon credit’ portfolio to Kahutia Limited in order to accelerate afforestation projects on erosion prone land. Further information is provided following on from the Committee’s resolution that:

3.1. requests that the Chief Executive provides a draft contract and appropriate legal and financial advice to Council on 24 October 2018 to enable consideration of a decision, as being recommended following, to approve a lease agreement with Kahutia Limited.

3.2. The Chief Executive has since advised that this work has not been completed and therefore the recommendation will be deferred to the 28 November Regional Council meeting.

4. Proposed Schedule of 2019 Council and Committee Meetings – this item sought early feedback on a proposed 2019 meeting schedule, for amendment as necessary to enable Council adoption on 24 October.

5. Ethical Investments Policy – sought guidance on advice to be given to Council’s investment managers on the ethical investment parameters for the portfolios and further direction for staff in relation to Council’s own ethical investments policy.

6. Notification Decision for application to transfer Water Take Resource Consent – was provided to enable the Council to make the notification decision on the application by Sleeping Giant (WP180323T) to transfer an existing groundwater take for water bottling to another site in the Awatoto vicinity.

7. 2017-18 Annual Report Update – provided the committee with the opportunity to review and discuss the draft Annual Report for the year ending 30 June 2018.

8. HB Tourism update – provided HBT’s progress on aligning their activities to incorporate a number of HBRC mandated actions into its 3 year work programme.

9. Establishment of a Project Management Office – informed the Committee of the establishment of the Project Management Office (PMO) and the intention to provide quarterly status reports on key projects to the Committee starting in December 2018 with the status of the 19 pilot projects.

Decision Making Process

10. These items were specifically considered by the Committee.

Recommendations

The Corporate and Strategic Committee recommends that Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

Recommendations from the Finance Audit and Risk Sub-Committee

2. Having considered the staff advice provided, the Corporate and Strategic Committee requests that staff include the disclosure of Regional Planning Committee and Māori Committee tangata whenua representatives’ remuneration in the Council’s 2017-18 Annual Report, in the form following, for Council approval as part of the adoption of the Annual Report for publication on 24 October 2018.

2.1. List of individual members’ names, the actual remuneration paid, and the actual expense reimbursements paid for the 2017-18 financial year.

Proposed 2019 Schedule of Meetings

3. Adopts the 2019 Schedule of Meetings as amended from 3 October and attached.

Ethical Investments Policy

4. Notes and reaffirms the current Ethical Investments Policy as initial guidance to be provided to Council’s Investment Fund managers.

5. Undertakes a full ethical investment workshop and policy development process for interested councillors over the next six months.

Notification Decision for Application to Transfer Water Take Resource Consent

6. Having considered the material provided and pursuant to RMA s.95A decides that the application WP180323T from Sleeping Giant Holdings Limited to transfer resource consent WT138207T to take and use water from well no. 15391 (200 mm diameter) for the purpose of water bottling is to be processed on a publicly notified basis.

Reports Received

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

7.1. Kahutia - Ngati Kahungunu Iwi Incorporated Carbon Credit Proposal

7.2. 2017-18 Annual Report Update

7.3. HB Tourism update

7.4. Establishment of a Project Management Office.

Authored by:

Manton Collings

Chief Financial Officer

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Approved by:

Jessica Ellerm

Group Manager Corporate Services

James Palmer

Chief Executive

Attachment/s

⇩1

2019 Schedule of Meetings for Adoption

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 October 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 Lot1

DP 10780

CT HBC2/349

- Agreement for Sale and Purchase

1.1.2 Lot 1

DP 10780

CT HBC2/349

- Agreement for Sale and Purchase

1.1.3 Lot 3

DP 14960

CT HBG4/477

- Agreement for Sale and Purchase

4265

4267

4270

18 September 2018

26 September 2018

28 September 2018

1.2

1.2.1 Dean Evans

(Delegations under Resource Management Act 1991; (s.22, 38, 332, 333)

1.2.2 Daniel Winchester

Dean Evans

(Delegations under Local Government Act 2002, Soil Conservation and Rivers Control Act 1941; (s126 132-133, 135); Land Drainage Act 1908; (s17-19, 23, 26-27)

1.2.3 Matthew Short

(Delegations under Biosecurity Act 1993;

(s43, 106, 109, 111, 113-115, 118-121, 121A, 122-123

1.24 Natasha Goldring

Karl Wairama

Harvey Collerton

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

4268

4266

4269

4271

4262

4263

4264

1 October 2018

25 September 2018

1 October 2018

3 October 2018

17September 2018

17 September 2018

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 78 remaining on Council’s books

2.2. 1 single leasehold property was sold, with 110 remaining on Council’s books.

3. The Common Seal is used twice during a Leasehold Land Sale, once on the Sale and Purchase Agreement and once on the Land Transfer document. More often than not, there is a delay between the second issue (Land Transfer document) of the Common Seal per property. This delay could result in the second issue of the Seal not appearing until the following month.

4. When reporting each month, it may appear there are more Common Seals issued than properties sold. This month shows the Common Seal being used 3 times, but only one property sale. This is due to the timing issue noted above, as one Common Seal was for a Land Transfer from last month. The listed sales in the table reflect the true movement of leasehold properties.

Decision Making Process

5. 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:

4.1 Sections 97 and 88 of the Act do not apply

4.2 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

4.3 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 Hawke’s Bay Regional 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 24 October 2018

SUBJECT: Significant HBRC Activities through November 2018

Reason for Report

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

Significant Work Streams

TANK Plan Change		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
Strategic Planning	Policy	Progressing PC to notification	1. PC9 work programme through December circulated to Committee members on 18 September. 2. 31 October RPC meeting will present further papers for consideration. 3. 29 & 30 November pencilled in as potential dates for additional workshop and/or fieldtrip to highlight particular matters arising in PC drafting prior to last 2018 RPC meeting on 12 December.
ICM	Marine and Coast	Proposed targets for estuaries	4. Reporting will be completed outlining proposed targets for estuarine water and sediment quality to be incorporated into schedule 2 of the TANK Plan Change.
	Hydrogeology	Heretaunga groundwater modelling	5. A report on development of stream depletion zones is being drafted 6. Work will begin on packaging and documenting the groundwater models, to facilitate external distribution of the modelling tools used to inform development of PC9.
	WQE	WQE options report	7. Compiling report with rationale behind options for different water quality objectives and limits

Ngaruroro River & Clive River WCO application	Project description	Activity Status Update
Strategic Planning	Policy	WCO Special Tribunal proceedings	8. Special Tribunal issued a timetable for the recommencement of hearings. Stage 2 hearings to commence 26 February 2019 (and 4 weeks thereafter). Stage 2 hearing to focus on the mid-lower reaches of the catchment. 9. Tribunal has directed Applicants to pre-circulate expert evidence on stage 2 hearing by 30 November. 10. Any expert evidence presented by submitters (including HBRC) is directed to be provided to the Tribunal by 25 January.

Ngaruroro River & Clive River WCO application

Project description

Activity Status Update

Group/Section

Team(s)

Strategic Planning

Policy

WCO Special Tribunal proceedings

8. Special Tribunal issued a timetable for the recommencement of hearings. Stage 2 hearings to commence 26 February 2019 (and 4 weeks thereafter). Stage 2 hearing to focus on the mid-lower reaches of the catchment.

9. Tribunal has directed Applicants to pre-circulate expert evidence on stage 2 hearing by 30 November.

10. Any expert evidence presented by submitters (including HBRC) is directed to be provided to the Tribunal by 25 January.

CHB Water		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
ICM	Groundwater Science	Science to inform CHB Water Taskforce Group	11. Pre-feasibility assessment for a Groundwater Replenishment Scheme is underway for the Ruataniwha Basin 12. Presentations and engagement with the TG will continue. The groundwater science team are looking to the TG for modelling objectives and potential solutions, to investigate by scenario modelling
	WQE	Sub catchment summaries	13. Porangahau / Maharakeke water quality summary report finalised

Hawke’s Bay Drinking Water		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
Strategic Planning	Policy	Joint Working Group	14. Ongoing participation and facilitation of JWG technical experts’ discussions. Monitoring of action plan. Facilitation of input into the draft TANK plan. Advisory support to the Drinking Water Governance Joint Committee. 15. Next meeting scheduled 1 November.
Office of CE & Chair	Governance	HB DW Governance Joint Committee	16. Joint Committee now has representation from CHB, Wairoa, Napier, Hastings and Regional councils; the HB District Health Board and Ngāti Kahungunu Iwi Incorporated. 17. Next meeting scheduled 7 November.

Clifton to Tangoio Coastal Hazards Strategy 2120		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
Asset Management	Engineering	Stage 4 Develop pathway options and solutions for priority cells, including funding considerations for consultation	18. Modelling of Tangoio to Clifton with pathway options. Bathymetry and data collection.
Office of CE & Chair	Governance	Joint Committee	19. Meeting scheduled 10 December to continue discussion on funding.

Integrated Catchment Management		Project description	Activity Status Update
Section	Team	Project description	Activity Status Update
Catchment Services	Biodiversity	HB Biodiversity Strategy	20. Foundation Trustees strategic direction workshop
		Predator Free Hawke’s Bay	21. Finalising control, monitoring and research plans for Predator Free Mahia 22. Advertise for predator control Cadets and project coordinator for Whakatipu Mahia – Predator Free Mahia and Poutiri Ao ō Tāne
	Biodiversity	Biodiversity and priority ecosystems	23. Producing framework for Ecosystem Prioritisation site selection and completing site selection for this financial years’ work programme
	Animal pest management	Regional Pest Management Plan (RPMP)	24. Completing the aerial rook season across the region. 25. Regional Pest Management Plan and Hearing Panel Decision Report going to E&S and full Council for approval
	Plant Pest management		26. Continue Chilean needle grass control season 27. Chinese privet flowering season starting – deal with complaints
Environmental Science	Water Quality & Ecology	WQE	28. Preparing for our second round of data collection for Ecosystem Health, which will occur between November and April 29. Sediment coring has been undertaken to assess potential internal nutrient loading, starting with the Tutira Lakes and Lake Whakaki.
	Hydrology / Hydrogeology	Heretaunga Plains	30. Field investigations of groundwater and surface water interaction are being investigated for the Paritua/Karewarewa stream. This was an area of unfavorable uncertainty with the Heretaunga groundwater model and the investigation intends to resolve this.
	Land		31. Final preparations for New Zealand Soil Science Society conference 32. Trial field work collection for new regional riparian monitoring program 33. Continue collecting data for forage crop mapping project 34. Complete draft report for shelter belt mapping 35. Review point analysis reports (x4) 36. Continue compilation of regional wetland inventory 37. Carry out bird surveys across 14 TANK wetlands as part of regional SoE study. 38. Continue with wind erosion study across Heretaunga Plains.
	Marine & Coast		39. Portfolio images have been received for the Wairoa Hard multibeam mapping undertaken in May, work will be ongoing to add detail and context to some aspects of this work – Marine Hotspot. 40. Reporting will be completed outlining proposed targets for estuarine water and sediment quality to be incorporated into schedule 2 of the TANK Plan Change. 41. Additional mapping of subtidal systems is scheduled to December – Marine Hotspot. 42. Further sediment sampling scheduled for November 2018.
	Climate & Air		43. Continued work on the outdoor burning tool 44. Climate briefings ongoing over spring and summer
Environmental Information	Environmental Monitoring		45. Whakaki monitoring platform installed to collect lake data. Instruments to be calibrated and data displayed in HydroTel.
Environmental Information	Data management		46. Draft Data strategy for ICM produced
Freshwater Improvement Fund projects /Hotspots	Tutira		47. Air curtain in Waikopiro is performing well so far this season, with the pulsed operation successfully breaking an early bloom of diatoms. 48. Lake Orakai sampling has commenced 49. Sediment Traps redesigned, works to begin this summer. 50. Cultural and Environmental Impact Assessments underway for the reconnection of the Papakiri stream and Southern outlet. 51. Farm Management Plans including nutrient budgets for landowners have started
	Whakaki		52. Bird surveys being undertaken in Whakaki to provide a baseline from which to assess performance of the lake and wetland rehabilitations 53. Meetings are being held with affected parties to obtain approvals prior to submitting resource consent application 54. Data sent in from the newly installed monitoring platform will be watched closely
	Ahuriri		55. A further 32 tonnes of invasive tubeworm was removed in August 2018. 56. Source modelling for the Ahuriri Catchment progressing well. 57. Planting and fencing effort ongoing. 58. Fish passage designs for the Wharerangi stream underway.
	Whatuma		· The concept of a collaborative approach for enhancing Lake Whatuma has been agreed, in principle, with iwi and key stakeholders. · We have contracted a project manager to facilitate further discussions

Asset Management		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
Regional Assets	Engineering	Northern	59. Nuhaka River Road – river realignment. 60. Wairoa Playground sheet pile wall.
		Central	61. Flood report – Esk/Mangaone. 62. Westshore renourishment – tenders received. 63. Awanui Stopbank – planning and discussion for last portion – right bank.
		Southern	64. UTT liaison meeting.
		Gravel Resource Consents	65. Significant work completed answering Section 92 requests for further information now completed. Will be subject to peer review followed by call for submissions followed by hearing if required.
	Open Spaces	Pākōwhai Regional Park Carpark	66. Construction is in progress on the new carpark at Pakowhai Park with completion scheduled for Dec 2018 and updated signage to be installed soon after
	Open Spaces	Hawea Park / Karamu Stream Diversion	67. Draft park management plan: 68. Trust Deed lodged with Māori Land Court. 69. Next stage to development management plan is underway with hapu. 70. Planning meeting for this activity scheduled for 23 October.
		Waitangi Regional Park	71. Estuary enhancement Stage 2. 72. Lower Tutaekuri Wetland proposal being considered.
		Forestry	73. Tūtira forestry road scheduled for Dec 2018. 74. Tūtira replanting and management plan in development. 75. Devil’s Elbow harvest planning being considered
	Cycle Networks	June flood trail repairs	76. Completion of MBIE contract to repair and enhance trail surfaces.

Strategic Planning	Project description	Activity Status Update
Group/Section / Team(s)	Project description	Activity Status Update
Project Management Office		77. 19 projects have been chosen to pilot the roll out of a new council-wide project management framework, including training, templates, tools and reporting. It is proposed to report quarterly on key projects to the Corporate and Strategic Committee starting in December 2018.
RMA Planning		78. As reported to 12 September RPC meeting. Next update report intended to be to 12 December RPC meeting. 79. Some of the feedback received to date from targeted stakeholder engagement on the outstanding waterbodies plan change indicates likely risk of legal challenges will be encountered no basis of not only content, but also methodology and overall process followed as previously determined by the RPC. 80. On 4 October, Environment Court issued a second decision in relation to the definition of ‘wetland’ as proposed in plan change 5. Court has directed HBRC to provide a ‘tracked changes’ version of the provisions as would-be amended by the Court’s decision.
Statutory Advocacy		81. As generally reported to RPC meeting on 12 September. Next update report intended to be presented to RPC’s regular meeting on 12 December. 82. Developing awareness and understanding of the Government’s recently announced proposals for ‘Essential Freshwater.’ Not doing this in isolation of other regional councils.
	Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity	83. Staff working with HDC and NCC staff to convene a meeting of the HPUDS Implementation Working Group in late November (date TBC). 84. Also supporting quarterly reporting on urban development metrics as required by the NPS for Urban Development Capacity.
Transport	Regional Land Transport Planning Public Transport Road Safety	85. Investment logic mapping sessions booked for public transport issues and to investigate possible new commuter cycle routes between Napier and Hastings – 5 November. 86. Work has commenced on the location, business case and funding arrangements for a stock truck effluent disposal facility in Wairoa. Cr Wilson is chairing the inter-agency working group 87. NZ Transport Agency national officials to facilitate a seminar with the Regional Transport Committee on 29 October on the future of transport in NZ, particularly in reference to technological advances. 88. Road Safe HB manager Linda Anderson has been invited to join a national steering group to address road safety issues and the increasing road toll.

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 the Hawke’s Bay Regional Council receives and notes the Significant HBRC Activities through October 2018 report.

Authored by:

Gary Clode

Manager Regional Assets

Peter Davis

Manager Environmental Information

Ben Douglas

Forest Management Advisor

Rina Douglas

Senior Planner

Mark Heaney

Manager Client Services

Nathan Heath

Catchment Manager (Wairoa/Mohaka)

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Gavin Ide

Manager Policy and Planning

Dr Kathleen Kozyniak

Principal Scientist (Air)

Campbell Leckie

Manager Catchment Services

Anna Madarasz-Smith

Team Leader/Principal Scientist Marine and Coast

Brendan Powell

Catchment Manager (Central)

Anne Redgrave

Transport Manager

Dr Jeff Smith

Team Leader/Principal Scientist – Hydrology/Hydrogeology

Dr Stephen Swabey

Manager Science

Approved by:

Chris Dolley

Group Manager Asset Management

Iain Maxwell

Group Manager Integrated Catchment Management

Tom Skerman

Group Manager Strategic Planning

Attachment/s

There are no attachments for this report.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Nominations for Certificates of Appreciation for Environmental Initiatives	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.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

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