Meeting of the Hawke's Bay Regional Council
Date: Wednesday 28 November 2018
Time: 1.00pm
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 24 October 2018
4. Follow-up Items from Previous Regional Council Meetings 3
5. Call for Items of Business Not on the Agenda 15
Decision Items
6. Hawke's Bay Regional Pest Management Plan 2018-2038 17
7. Report and Recommendations from the Regional Planning Committee 25
8. Recommendations from the Finance, Audit and Risk Sub-committee 27
9. Napier Port Director Appointments 29
10. Affixing of Common Seal 31
Information or Performance Monitoring
11. Report from the 14 November 2018 Environment and Services Committee Meeting 33
12. Significant HBRC Activities through December 2018 and January 2019 35
13. Clifton to Tangoio Coastal Hazards Strategy 2120 Update 45
14. Discussion of Items Not on the Agenda 49
Decision Items (Public Excluded)
15. Confirmation of Public Excluded Meeting held on 24 October 2018 51
16. Late item to come Kahutia – Ngati Kahungunu Iwi Incorporated Carbon Credit Proposal
Wednesday 28 November 2018
Subject: Follow-up Items from Previous Regional Council Meetings
Reason for Report
1. On the list attached are items raised at Council Meetings that staff have followed up on. All items indicate who is responsible for follow up, and a brief status comment. Once the items have been report to Council they will be removed from the list.
2. Also attached is a list of LGOIMA requests that have been received since the last Council meeting.
Decision Making Process
3. Staff have assess 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.
That the Council receives and notes the “Follow-up Items from Previous Meetings” staff report.
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Authored by:
Leeanne Hooper Principal Advisor Governance |
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Approved by:
James Palmer Chief Executive |
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⇩1 |
Follow-ups for 28 November Council meeting |
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Wednesday 28 November 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 “ Minor Items of Business Not on the Agenda” for discussion only, as Item 14.
Item |
Topic |
Councillor / Staff |
1. |
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2. |
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3. |
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Leeanne Hooper PRINCIPAL ADVISOR GOVERNANCE |
James Palmer CHIEF EXECUTIVE |
Wednesday 28 November 2018
Subject: Hawke's Bay Regional Pest Management Plan 2018-2038
Reason for Report
1. This item presents the recommendations of the Hearing Panel (the Panel) on the provisions of and submissions on the Hawke’s Bay Regional Pest Management Plan (HB RPMP) and seeks Council’s adoption of same for public notification of the decisions on 30 November 2018.
Key points
2. Development of a Regional Pest Management Plan (RPMP) is a statutory requirement for Hawke’s Bay Regional Council under the Biosecurity Act 1993 (the Act). It is also a key component of Hawke’s Bay Regional Council’s Biosecurity Programme which provides a regional framework for managing existing and future pests.
3. Hawke’s Bay Regional Council’s Biosecurity Programme is important to the region, given the threats posed by pests to our rural community and natural environment.
4. Hawke’s Bay Regional Council is reviewing its Regional Pest Management Strategy 2013 to fulfil its requirements under the Act, including compliance with the National Policy Direction 2015 (NPD).
5. Council appointed a Hearing Panel, consisting of Mr John Simmons (Chair), Mr Apiata Tapine, Cr Paul Bailey and Cr Tom Belford to hear submissions on the Proposed Hawke’s Bay Regional Pest Management Plan (the Proposal) and make recommendations to the Council.
6. The Report and Recommendations of the Panel have been received by Council and are now available to be considered by Council for adoption as the Council’s decision on the Plan. If Council chooses not to adopt the Panel's recommendations on submissions either in full or in part for any submission (other than for minor corrections), then the Council must arrange to re-hear those matters in accordance with the Act.
Background
7. The process for “making” a regional pest management plan is prescribed under sections 70 to 75 of The Act. While the process contains some similarities with the regional plan making process under the Resource Management Act 1991, there are some significant differences. The process involves six key steps, which are summarised in Table 1 below.
Table 1 Steps to “make” a regional pest management plan under the Biosecurity Act
S70, First step |
Plan is initiated by a proposal (s70 prescribes the matters that must be set out in the Proposal) |
Completed by Hearing Panel by way of Minute 1 |
S71, Second step |
Satisfaction on requirements |
Completed by Hearing Panel by way of Minute 1 |
S72, Third step |
Council is satisfied with consultation, or requires further consultation to be undertaken (for example through public notification of the Proposal) |
Council meeting (24 April 2018) |
Public notification of the proposal, receipt of submissions Hearing of submissions |
2 February - 16 March 2018 July 2018 |
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S73, Fourth step |
Approval of preparation of a plan and decision on the management agency |
Completed by Hearing Panel by way of Minute 3 |
S74, Fifth step |
Satisfaction on contents of the plan and requirements (included in hearing panel report to Council as per sixth step) |
Completed by Hearing Panel by way of ‘Report and Recommendations of the Hearing Panel’ |
S75, Sixth step |
Hearing Panel recommendations to Council on submissions and the Plan. Council makes decision on Plan. |
November 2018 |
8. The Proposed Regional Pest Management Plan was notified for public submissions on 2 February 2018.
9. This Proposal was developed after discussion and consultation with local communities, tangata whenua, central government agencies and industry, to ensure that the Plan’s objectives will be achievable and reflect the pest management aspirations of stakeholders and communities. A discussion document was released June 2017 on the future of pest management in Hawke’s Bay. Along with the usual communication channels, 4,500 letters were sent to stakeholders and an email was sent to organisations including the Department of Conservation, local authorities, Federated Farmers, OSPRI, TBFree Committee, Horticultural sector, Forestry sector, Ministry for Primary Industries, Fish & Game, Forest & Bird, Hawke’s Bay Marine group, QEII and Hawke’s Bay Regional Council contractors. The purpose of the discussion document was to seek the community’s views on the best approaches in a new regional pest management plan. A total of 98 submissions were received. This feedback helped shape the Proposed Regional Pest Management Plan.
10. Three appointed members of the Regional Planning Committee were members of the Biosecurity Working Party. The Biosecurity team presented both the discussion document and the Proposed Plan to the Māori Committee, and updated them on key items of interest and the process of engagement. Three emails were sent specifically to the Regional Policy Committee, Māori Committee and Post Settlement Government Entireties, one advertising the release of the discussion document for public consultation, one offering to meet with interested parties in person to discuss the Regional Pest Management Plan review and a final email advertising the release of the Proposed Plan for public consultation. A hui was held at Peak House, Te Mata Peak on 5 March on the Regional Pest Manage Plan.
11. A total of 54 submissions were received on the Proposed Regional Pest Management Plan. Public hearings were held on 5th, 6th and 9th July 2018, and 3 August 2018 at the Hawke’s Bay Regional Council Chambers in Napier.
12. Following the hearing of submissions on the Proposal, and in accordance with the delegations made to the Panel by Council, the Panel undertook Steps 3 to 5 of the plan making process. The Panel:
12.1. confirmed satisfaction with consultation in accordance with sections 72 and 73(1)
12.2. approved the preparation of a plan in accordance with section 73(1)
12.3. decided that Hawke’s Bay Regional Council would be the management agency for the Plan in accordance with section 73(2), and
12.4. confirmed satisfaction with the contents of the Draft Plan under sections 73 and 74.
13. During that time the Proposal was developed into a draft plan following further staff recommendations and directions from the Panel.
14. The Panel directed further amendments to the draft plan on 15 October 2018.
15. The Panel has now satisfied part of Step 6 of the process by providing its Report and Recommendations on the Plan to Council. The final part of Step 6 is for the Council to adopt the Report and Recommendations as its decision on the Plan and publicly notify its decision.
Hearing Panel Recommendations
16. The Panel has prepared a report under section 75(1) of The Act, setting out its reasons for accepting or rejecting submissions received on the Proposal and its recommendations to the Council.
17. The Report and Recommendations and the table setting out the Panel’s reasons for accepting or rejecting individual submissions are attached. Staff have summarised some of the key recommendations below.
17.1. Inclusion of a Feral Goat Coordinated Management Area (CMA) programme based on the same principles as the successful Possum Control Area (PCA) programme.
17.2. Inclusion of an old man’s beard programme along the Kaweka and Ruahine Ranges to support the Department of Conservation’s programme in preventing it establishing within the ranges.
17.3. Inclusion of a Wilding Conifer programme containing the following key elements:
17.3.1 Wilding conifers declared a pest when they meet the definition of ‘wilding conifer’ included in the Plan;
17.3.2 Scots pine, mountain pine and dwarf mountain pine are declared pests within the progressive containment area mapped in the Plan;
17.3.3 Contorta is declared a pest region-wide;
17.3.4 A Wilding Conifer programme that secures the investment in wilding conifer management long-term;
17.3.5 A 200m Good Neighbour Rule
17.4. Increase of the possum residual trap catch (RTC) requirement for the Good Neighbour rule from 4% to 5%. The Good Neighbour Rule requires land adjacent to properties within a Possum Control Area to maintain possum densities at or below a specific RTC requirement within a marginal strip no less than 500 metres. This includes Department of Conservation and forestry land.
Financial and Resource Implications
18. Funding for the Draft Regional Pest Management Plan has not been secured. Funding for the Proposed Regional Pest Management Plan was secured through the 2018-28 Long-Term Plan. However, the following funding is required to deliver the additional programmes included in the Draft Plan as a result of submissions and the hearing process:
18.1. Wilding conifer programme ($30,000)
18.2. Old man’s beard Kaweka and Ruahine Ranges buffer programme ($32,500)
18.3. Yellow bristle grass ($10,000)
19. The total quantum is $72,500 which will be sought through the 2019/2020 Annual Plan process through the Local Government (rating) Act 2002.
Risk assessment and legal compliance
20. External legal advice has been provided throughout the review of the RPMP in particular to ensure that the Proposal and processes followed comply with the Act (including the NPD), the Local Government Act 2002 and the Local Government (Rating) Act 2002.
21. Section 76 of the Act sets out the process for Applications to the Environment Court.
22. This provides that upon notification of the decisions, persons who made a submission on the Proposal may make an application (similar to an appeal) to the Environment Court on the following matters:
22.1 Any aspect of the plan
22.2 Whether the plan is inconsistent with the national policy direction
22.3 Whether the process requirements for a plan in the national policy direction, if there were any, were complied with.[1]
23. Applications must be made within 15 working days after the date of the public notice.
24. The period for applications will be open from 3 December 2018 to 17 January 2019.
Significance and engagement
25. The RPMP is a significant plan for the Council, as it establishes a region wide framework for pest management. It provides a stronger regulatory approach than previous plans for the management of emerging pest threats and threats posed to biodiversity values.
Consistency with council policy
26. This report does not propose a departure from Council policy.
Communication
27. A Communication plan has been prepared to support public notification of the decisions. Key elements of the communication plan include the following:
27.1 A public notice advising of the notification of the decisions, to be inserted into Hawke’s Bay Today, Wairoa Star and CHB mail (attached) on 30 November 2018.
27.2 Hard copies of the Decision Report and RPMP will be available at HBRC offices upon request. Hawkes Bay Regional Council’s website page on pest management will be updated with:
27.2.1 the Panel’s Report and Recommendations adopted as the Council’s decision
27.2.2 the Hawke’s Bay Regional Pest Management Plan.
27.3 Submitters will be emailed to advise them of the Council's decision on the plan and provide details of how to view or obtain a copy of the Report.
Decision Making Process
28. 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:
28.1. The decision does not significantly alter the service provision or affect a strategic asset.
28.2. A special consultative procedure on the Regional Pest Management Plan is being undertaken.
28.3. The decision does not fall within the definition of Council’s policy on significance.
28.4. 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. There have been opportunities (in accordance with the Biosecurity Act 1993) for any person to engage or make a submission the Proposed Regional Pest Management Plan.
28.5. The decision is not inconsistent with an existing policy or plan.
28.6. 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. Submitters affected by the adoption of the Panel's recommendations will have a right of appeal to the Environment Court.
That Hawke’s Bay Regional Council: 1. Receives the Report and Recommendations of the Hearing Panel. 2. Adopts the Report and Recommendations of the Hearing Panel as the Council's written report and decision on the Hawke’s Bay Regional Pest Management Plan under section 75 of the Biosecurity Act 1993. 3. Resolves to publicly notify Council's decision on the Hawke’s Bay Regional Pest Management Plan under section 75(4) of the Biosecurity Act 1993 on 30 November 2018. |
Authored by:
Mark Mitchell Team Leader/Principal Advisor, Biosecurity/Biodiversity |
Campbell Leckie Manager Catchment Services |
Approved by:
Iain Maxwell Group Manager Integrated Catchment Management |
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⇨1 |
RPMP Hearing Panel Report and Recommendations |
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Under Separate Cover |
⇨2 |
RPMP Hearing Panel Report Appendix 1 - Recommendations on Submissions |
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Under Separate Cover |
⇨3 |
RPMP Hearing Panel Report Appendix 2 - Draft Hawke's Bay Regional Pest Management Plan 2018-2038 |
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Under Separate Cover |
⇨4 |
RMPM Hearing Panel Report Appendix 3 -Minutes of the Hearing Panel |
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Under Separate Cover |
⇩5 |
RPMP Public notice |
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Wednesday 28 November 2018
Subject: Report and Recommendations from the Regional Planning Committee
Reason for Report
1. The following matters were considered by the Regional Planning Committee meeting on 31 October 2018, and are now presented to Council for consideration and approval.
Agenda Items
2. National Policy Statement for Freshwater Management Progressive Implementation Programme - Revised Third Edition – presented an updated Implementation Programme for the National Policy Statement for Freshwater Management (the NPSFM).
3. TANK (PC9) Plan Change and Decisions on Plan Change Matters – provided information, options considered and recommendations in respect of:
3.1. Issue 1: The management of nutrient loss and the management of risks of nutrient loss arising from land use changes that the TANK Group did not reach consensus on
3.2. Issue 2: The recommendations in respect of the protection of registered drinking water sources from the Joint Drinking Water Working Group
3.3. Issue 3: The completion of the policy and rules for managing stormwater discharges
3.4. Issue 4: The draft s32 evaluation report and update of further work in progress.
4. TANK (PC9) Consultation, Notification and Hearings Processes – provided the Committee with a further outline of the RMA processes around publicly notifying a plan change, focussed on the necessary steps prior to notification, including targeted pre-consultation, of the proposed plan change and also key features of the submission and hearing phase.
5. RPC Performance Review – Summary of Feedback from Appointers – provided the Appointers’ feedback received in response to the Regional Planning Committee performance review.
6. Three Waters – Matauranga Maori Presentation – Riki Ellison presented the “Māori Word view”.
Decision Making Process
7. These items were specifically considered at the Committee level.
That the Hawke’s Bay Regional Council: 1. That Hawke’s Bay Regional Council receives and adopts the Report and recommendations from the Regional Planning Committee including the Regional Planning Committee resolutions as follows. 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.
TANK (PC9) Plan Change and Decisions on Plan Change matters 3. That the Regional Planning Committee adopts in principle, and subject to the Committee assessing and making a decision on the complete draft Plan Change and accompanying documents, the following provisions to be included into the draft TANK Plan Change (PC9) Version 8. 3.1. Retain Policy 16(a) as provided in Draft Plan Change for TANK Catchments version 7.1.0 dated 8 August 2018. 3.2. Include rules for managing contaminant loss effects from land use change as proposed to the 31 October 2018 RPC meeting, and to consequentially amend Schedule 4 in accordance and as proposed to the 31 October 2018 RPC meeting. 3.3. Include provisions for managing drinking water as proposed to the 31 October 2018 RPC meeting. 3.4. Include provisions for managing stormwater as proposed to the 31 October 2018 RPC meeting. National Policy Statement for Freshwater Management Progressive Implementation Programme - Revised Third Edition 4. Agrees that extending full implementation of the National Policy Statement for Freshwater Management’s (NPSFM) policies out to 31 December 2030 in Hawke’s Bay is appropriate because: 4.1. meeting a 31 December 2025 timeframe would result in lower quality planning and 4.2. it would be impracticable for the Council to complete implementation of all of the NPSFM policies by 31 December 2025. 5. Adopts the updated (3rd edition) 2018 Progressive Implementation Programme for the National Policy Statement for Freshwater Management as proposed. Reports 6. Notes that the following reports were provided to the Committee 6.1. TANK (PC9) Consultation, Notification and Hearings Processes 6.2. RPC Performance Review – Summary of Feedback from Appointers 6.3. Three Waters - Matauranga Maori Presentation |
Authored by:
Gavin Ide Manager Policy and Planning |
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Approved by:
Tom Skerman Group Manager |
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Wednesday 28 November 2018
Subject: Recommendations from the Finance, Audit and Risk Sub-committee
Reason for Report
1. The following matters were considered by the Environment and Services Committee meeting on 5 September 2018 and the recommendations agreed are now presented for Council’s consideration.
Local Government Funding Agency Accession
2. As part of its 2018-2028 Long Term Plan consultation, Council resolved to join Local Government Funding Agency (LGFA) as an unrated guaranteeing Local Authority.
3. Council must now make a formal resolution to join LGFA and execute the required legal documents in order to give effect to Council’s accession to LGFA as an unrated guaranteeing Local Authority.
Appointment of an Independent Member of the Finance, Audit & Risk Sub-Committee
4. The Council, at its meeting on 27 June 2018, resolved:
4.1. Initiates the following process for the appointment of an Independent member of the Finance, Audit and Risk Sub-committee to replace David Benham; being:
4.1.1. Chief Executive to seek expressions of interest from suitably qualified candidates
4.1.2. Sub-committee to assess Expressions of Interest received and determine a shortlist of candidates for interview
4.1.3. Sub-committee to undertake interviews of shortlisted candidates, after which the Sub-committee recommends the appointment of the preferred appointee to Council.
5. Following completion of the above process, the Finance, Audit and Risk Sub-committee is now recommending that Council agrees to the appointment of the successful candidate.
Decision Making Process
6. The items for decision were specifically considered at the Committee level and recommendations to Council agreed.
The Finance, Audit and Risk Sub-committee recommends 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, 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. Local Government Funding Agency Accession 2. Confirms Council’s intention to join the Local Government Funding Agency as an unrated guaranteeing Local Authority. 3. Delegates authority to the Chief Executive to execute the following documents for the purposes of recommendation 2. above: 3.1. Letter from Council to Computershare Investor Services Limited (to amend and restate Council’s 21 October 2009 Registrar and Paying Agent Services Agreement) 3.2. Security Stock Certificate (in relation to the Multi-Issuer Deed) 3.3. Security Stock Certificate (in relation to the Equity Commitment Deed) 3.4. Security Stock Certificate (in relation to the Guarantee); and 3.5. Stock Issuance Certificate (in relation to the documents noted at recommendation 3.2. – 3.4.). 4. Authorises Council’s elected members (Chairperson and Deputy Chairperson) to execute the following deeds for the purposes of recommendation 2. above: 4.1. Deed of Amendment and Restatement of Debenture Trust Deed 4.2. Accession Deed to Multi-Issuer Deed 4.3. Accession Deed to Notes Subscription Agreement 4.4. Accession Deed to Equity Commitment Deed, and 4.5. Accession Deed to Guarantee and Indemnity. 5. Delegates authority to the Chief Executive to execute such other documents and take such other steps on behalf of Council as the Chief Executive considers it is necessary or desirable to execute or take to give effect to recommendation 2. above. Appointment of An Independent Member of the Finance, Audit & Risk Sub-Committee 6. Confirms the appointment of Rebekah Dinwoodie to the Finance, Audit and Risk Sub-committee as an Independent Member.
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Authored by:
Leeanne Hooper Principal Advisor Governance |
Jessica Ellerm Group Manager |
Approved by:
James Palmer Chief Executive |
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Wednesday 28 November 2018
Subject: Napier Port Director Appointments
Purpose of Report
1. This item seeks the extension of current Port Director appointment terms to allow for completion of a director recruitment process.
Staff Recommendation
2. Under the Port Companies Act, the Port is required to maintain 6 directors. To provide for this, and to align with the capital review and Port director appointment timetable (due for Council approval in January 2019) the HBRIC Ltd Board recommends that Council approves the extension of current director appointments until the current director search process is completed.
Considerations
3. Two Napier Port director positions are due for renewal at the upcoming Napier Port Annual General Meeting (date to be confirmed). Their term was set by Council resolution for three years ending at the AGM.
4. As previously advised to Council, a director search process is underway for up to three Napier Port directors, including the renewal positions. Decisions on director appointments and capital structure will not be resolved before the Port Annual General Meeting.
Decision Making Process
5. 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:
5.1. The decision does not significantly alter the service provision or affect a strategic asset.
5.2. The use of the special consultative procedure is not prescribed by legislation.
5.3. The decision does not fall within the definition of Council’s policy on significance.
5.4. The persons affected by this decision are the current Napier Port Board of Directors
5.5. The decision is not inconsistent with an existing policy or plan.
5.6. 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.
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, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision. 2. Approves the extension of current director appointments until the current director search process is completed, those being: 2.1. Wendie Harvey and 2.2. Chinthaka Abeywickrama. |
Authored by:
Blair O’Keeffe HBRIC Ltd Chief Executive |
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Approved by:
James Palmer Chief Executive |
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Wednesday 28 November 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.
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Seal No. |
Date |
1.1 |
Leasehold Land Sales 1.1.1 Lot 3 DP 14960 CT G4/477 - Transfer
1.1.2 Lot 1 DP DP17492 CT K1/1047 - Agreement for Sale and Purchase
1.1.3 Lot Lot 202 DP 6598 CT C2/396 - Agreement for Sale and Purchase
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4275
4276
4279 |
26 October 2018
31 October 2018
2 November 2018 |
1.2 |
1.2.1 J. Gardiner (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)
1.2.2 J. Genet C. Johnstone (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))
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4277
4273 4274
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31 October 2018
23 October 2018 23 October 2018
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2. 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.
3. 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.
4. As a result of sales, the current numbers of Leasehold properties owned by Council are:
4.1. 3 cross lease properties were sold, with 75 remaining on Council’s books
4.2. 0 single leasehold properties were sold, with 110 remaining on Council’s books.
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:
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.
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 |
James Palmer Chief Executive |
Wednesday 28 November 2018
Subject: Report from the 14 November 2018 Environment and Services Committee Meeting
Reason for Report
1. The following matters were considered by the Environment and Services Committee meeting on 14 November 2018.
Agenda Items
2. Ahuriri Estuary Stormwater and Wastewater – Napier City Council presented among other matters on their stormwater and wastewater management regimes and programme for improvements to the respective systems.
3. Integrated Catchment Management Implementation – provided an update on activities under way to fully implement Integrated Catchment Management through Council’s restructure.
4. Essentially Freshwater – Government Freshwater Reform Discussion – outlined Central Government’s freshwater reform programme “Essentially Freshwater”.
5. Whangawehi Catchment Group Acknowledgement – recognised the Group’s receiving the Australasian River Prize award in Sydney recently, and provided an opportunity for the group to present on the outlining of the award and key observations from the field tour.
6. Tukituki Water Taskforce Update - provided an update on the community Taskforce set up and activities under way in response to water quantity concerns in Central Hawke’s Bay.
7. HBRC, TLA and Private Landowners' Obligations for Maintaining Waterways – outlined the obligations with respect to maintaining waterways, in particular with respect to obstructions of watercourses.
8. Hotspots Environmental & Freshwater Improvement Funded Projects November 2018 Update – this regular update highlighted on the Freshwater Improvement Fund and Hotspots environmental projects.
9. Verbal Update on the Future Farming Initiative – this regular update highlighted on the status of Future Farming Initiative.
10. Addressing New Zealand’s Biodiversity Challenge – A Regional Council Think Piece – Campbell Leckie presented on the importance of Biodiversity and its value in sustaining the environment, economy and cultural values.
Decision Making Process
11. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is information only, the decision making provisions do not apply.
That Hawke’s Bay Regional Council receives and notes the “Report from the 14 November 2018 Environment and Services Committee Meeting”. |
Authored by:
Annelie Roets Governance Administration Assistant |
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Approved by:
Iain Maxwell Group Manager Integrated Catchment Management |
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Wednesday 28 November 2018
SUBJECT: Significant HBRC Activities through December 2018 and January 2019
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 |
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Group/Section |
Team(s) |
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Strategic Planning |
Policy |
Progressing PC to notification |
1. PC9 work programme through December circulated to Committee members on 18 September. 2. At 12 December RPC meeting, staff will present further papers for consideration, including ‘version 8’ draft PC9. 3. 29 & 30 November remain penciled 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. Draft report on proposed trigger values for estuarine areas to be incorporated into Schedule 2 currently with reviewers. |
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Hydrogeology |
Heretaunga groundwater modelling |
5. A report on development of stream depletion zones is being drafted 6. Work continues on packaging and documenting the groundwater models, to facilitate external distribution of the modelling tools used to inform development of PC9. |
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WQE |
WQE options report |
7. Compiling report with rationale behind options for different water quality objectives and limits, trying to understand and accommodate suggestions by tangata whenua representatives is proving somewhat difficult but we are doing our best |
Ngaruroro River & Clive River WCO application |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Strategic Planning |
Policy |
WCO Special Tribunal proceedings |
8. Stage 2 hearings to commence 26 February 2019 (for 4 weeks thereafter) 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. 11. Policy team personnel in lead coordinating role with HBRC’s counsel and wider project team. |
ICM |
Hydrology/ Hydrogeology |
WCO evidence |
12. Significant amount of time is anticipated to prepare expert witness evidence to support HBRC’s submission to the Stage 2 Hearings. |
ICM |
Water quality and ecology |
WCO evidence |
13. There is uncertainty how much work will be involved for us in this space at the moment, it could be large. |
CHB Water |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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ICM |
Groundwater Science |
Science to inform CHB Water Taskforce Group |
14. Pre-feasibility assessment for a Groundwater Replenishment Scheme continues for the Ruataniwha Basin 15. Presentations and engagement with the TG continues. The Ruataniwha groundwater models will be refreshed in 2019 and preparation of input modelling and data is underway. The groundwater science team are looking to the TG for modelling objectives and potential solutions to investigate by scenario modelling. |
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WQE |
Sub catchment summaries
Tuki implementation |
16. Porangahau / Maharakeke and Kahahakuri water quality summary reports finalized and available online 17. Exploring relationships between DIN and MCI, and mean annual DIN versus seasonal median DINs, to better inform farm consenting requirements |
Hawke’s Bay Drinking Water |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Strategic Planning |
Policy |
Joint Working Group |
18. JWG have presented to RPC recommendations for drinking water policy for TANK. Ongoing refinement of proposals. Advisory support to the Drinking Water Governance Joint Committee. 19. Next meeting scheduled in 2019. |
Office of CE & Chair |
Governance |
HB DW Governance Joint Committee |
20. Joint Committee has now meet four times, most recent meeting 7 November. 21. Next meeting scheduled in 2019. |
Clifton to Tangoio Coastal Hazards Strategy 2120 |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Asset Management |
Engineering |
Stage 4 Develop pathway options and solutions for priority cells, including funding considerations for consultation |
22. Modelling of Tangoio to Clifton with pathway options. Wave and shoreline modelling. |
Office of CE & Chair |
Governance |
Joint Committee |
23. Meeting scheduled 10 December to continue discussion on funding. |
Integrated Catchment Management |
Project description |
Activity Status Update |
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Section |
Team |
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Catchment Services |
Biodiversity |
HB Biodiversity Strategy |
24. Regional Biodiversity Foundation Trustees strategic direction workshop and planning for 2019 activities |
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Predator Free Hawke’s Bay |
25. Finalising control, monitoring and research plans for Predator Free Mahia 26. Employ Whakatipu Mahia – Predator Free Mahia predator control cadets and coordinator |
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Biodiversity |
Biodiversity and priority ecosystems |
27. Complete selection of ten initial priority ecosystem sites, engage with landowners and finalise site management prescriptions |
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Animal pest management |
Regional Pest Management Plan (RPMP) |
28. Notify 15 day submitter appeal period for the draft Regional Pest Management Plan 29. Central Hawke’s bay Possum Control Area programme monitoring beginning |
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Plant Pest management |
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30. Continue Chilean needle grass control season 31. Chinese privet flowering season starting – deal with complaints |
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Northern Catchment |
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32. Work is continuing with landholders on the Mahia Peninsula to fence off and protect the Taiporutu Catchment, next door to the Whangawehi. In combination with the work going on with the Whakatipu Mahia Predator Free Project, there are significant opportunities to align our work and optimise the outcomes they deliver. 33. The portacom is now officially up and running at the Wairoa office, enabling the team to spread themselves out a bit now. We will be recruiting an Catchment Management Administration support person this month |
Environmental Science |
Water Quality & Ecology |
WQE |
34. Preparing for our second round of data collection for Ecosystem Health, which will occur between December and April 35. Supporting operations to monitor ecological effects of new herbicides |
Hydrology / Hydrogeology |
Heretaunga Plains |
36. Field investigations of groundwater and surface water interaction are underway for the Paritua/Karewarewa stream. This was an area of unfavorable uncertainty with the Heretaunga groundwater model and the investigation intends to resolve this. |
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Regional State of the Environment |
37. Preparation and analysis for 5-yearly State and Trends reporting will commence for: i) Regional groundwater levels ii) Regional groundwater quality iii) Regional river flows |
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Land |
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38. Continuing final preparations for New Zealand Soil Science Society conference 39. Continuing trial field work data collection for new regional riparian monitoring program 40. Continue collecting data for forage crop mapping project 41. Complete draft report for shelter belt mapping 42. Review point analysis reports (x4) 43. Continue compilation of regional wetland inventory 44. Continue with wind erosion study across Heretaunga Plains. |
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Marine & Coast |
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45. 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. 46. Additional mapping of subtidal systems is scheduled to December – Marine Hotspot. 47. Sustainable Seas National Science Challenge meeting with Hawke’s Bay Marine and Coast Group (HBMaC) 30th November to discuss potential collaboration.
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Climate & Air |
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48. Continued work on the outdoor burning tool 49. Climate briefings ongoing over spring and summer |
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Environmental Information |
Environmental Monitoring |
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50. Summer monitoring programmes are underway. 51. Fish Barrier survey started. |
Data management |
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52. Draft Data strategy for ICM produced. 53. WIS busy with upcoming irrigation season 54. Continued data management support provided to Hydrology and Water quality teams |
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Freshwater Improvement Fund projects /Hotspots |
Tutira |
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55. Air curtain in Waikopiro is performing well so far this season, with the pulsed operation successfully breaking an early bloom of diatoms. Pursuing the option of a secondary surface aerator primarily designed for oxygen generation (as opposed to mixing) to be on stand-by in case another oxygen crash occurs. 56. Lake Orakai sampling has commenced, and we will be sampling Lake Opuahi on a monthly basis due to deteriorating water quality trends in this lake |
Whakaki |
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57. Bird surveys undertaken in Whakaki to provide a baseline from which to assess performance of the lake and wetland rehabilitations. Good populations of bitterns, spotless crake and fernbirds observed. 58. Meetings are being held with affected parties to obtain approvals prior to submitting resource consent application 59. The monitoring platform is working superbly, and is a real testament to our highly skilled Environmental Information Section |
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Ahuriri |
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60. Source modelling for the Ahuriri Catchment progressing well. 61. Planting and fencing effort ongoing. 62. Fish passage designs for the Wharerangi stream feasibility underway. 63. Assessment of volume of invasive tubeworm contracted. |
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Whatuma |
WQE |
64. Lake Inflows and outflows are being monitored and showing signs of extremely elevated phosphorus levels in both the inflows and the lake outflows. These data will be more thoroughly analysed in the new year. 65. Discussions have begun around the ownership and long term management opportunities for the lake. |
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Erosion Control Scheme |
66. The first of the Erosion Control Plans are being completed by staff across the three catchment areas, and applications for funding are being tested following the new interim operating procedures. |
Asset Management |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Regional Assets |
Engineering |
Northern |
67. Nuhaka River Road – river realignment – delayed for redesign. 68. Wairoa Playground sheet pile wall – additional tie-back work required – construction underway. |
Central |
69. Bridge and gauging structure for forestry road at Tutira – being designed. 70. Flood report – Esk/Mangaone – plan to have report by early/mid December. 71. Westshore renourishment – Construction underway, due to be finished early Dec. 72. Awanui Stopbank – planning and discussion for last portion – right bank. |
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Southern |
73. UTTFCS – work is progressing on analysis of options for changes to rating system. Engineering is working with rates dept. One option developed at present, further options to be developed. Report back through rates dept. |
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Gravel Resource Consents |
74. Significant work completed answering Section 92 requests for further information now completed. Consent to be notified prior to Christmas. |
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Open Spaces |
Pākōwhai Regional Park Carpark |
75. 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. |
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Hawea Park / Karamu Stream Diversion |
76. Draft park management plan preparation. 77. Trust Deed lodged with Māori Land Court – hearing December 5. 78. Next stage to development management plan is underway with hapu – Hui on Nov. 29 79. Planning meeting for this activity scheduled for 23 October. |
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Waitangi Regional Park |
80. Estuary enhancement Stage 2. 81. Lower Tūtaekurī Floodplain Wetland proposal (funded by NKII/Port/Higgins/Te Wai Maori Fund/HBRC) cost estimate being prepared. |
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Forestry |
82. Tūtira forestry road scheduled for Dec 2018. 83. Tūtira replanting and management plan in development. |
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Cycle Networks |
NZCT Priority Project Waimarama Road Safety Project |
84. Review of Project Implementation Plan with Hastings District Council. |
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New Zealand Cycle Trail Business Case Hawke’s Bay Trails 2018-2023 |
85. Completed, with CBA and now with panel for approval. |
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NZCT Priority Project Ahuriri Underpass Flooding Safety Issues |
86. Working with NZTA around solutions. |
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Hawke’s Bay Trails Paper Map re-print/review with HBT |
87. Updates with Official Partners now included and with HB Tourism to do cover & print. |
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Hawke’s Bay Regional Cycle Plan 2015 - Review |
88. Review requested and workshop to be facilitated with key stakeholders. |
Regulation |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Resource Consents |
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Large/ significant application Processes |
89. Te Mata Mushrooms Air discharge remains on hold waiting for the application for related consents required from HDC to catch up. The application has been lodged with HDC as required. The application is on hold at HDC awaiting further information. If the HDC application is notified it is likely to require a joint hearing. 90. HBRC gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri. Further information has been provided. Applications are due to be notified late November. 91. There are four resource consent applications in process for discharging stormwater and drainage water into the Ahuriri Estuary. Landcorp farm discharge consent is on hold pending application by NCC for the Onehunga Road pump station. NCC have two other discharge consents lodged for stormwater discharges from the West Shore tidal gates and from Lagoon Farm. These are on hold pending discussion with affected parties. 92. 50. Ruataniwha Tranche 2 groundwater takes. There are 8 applications for this water. These applications are on hold while applicants complete modelling work. Further information may be requested. |
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Hearings |
93. Port of Napier hearing completed and decision issued on 5th November. Appeal period closes on 26th November. 94. Wantara Holdings. Application to take water from Otane groundwater. Affected neighbours submitted opposing and negotiations had not resolved the matter so a hearing was scheduled. The submission was then withdrawn and hearing cancelled. Consent has been granted by staff delegation. |
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Appeals/ Environment Court |
95. PanPac Expert witness mediation held 18 – 19 September. Env Ct to determine process once this has been received. No further instructions from Ct. One s274 party (CEAC) has withdrawn. |
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IRIS implementation |
96. Go live date November 26. |
Strategic Planning |
Project description |
Activity Status Update |
Group/Section / Team(s) |
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Project Management Office |
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97. The PMO roll-out is progressing well through the pilot projects. A full-day training course on “Project Management Essentials” was provided on 22 November for applicable Project Managers by an external facilitator. This course was based on the PMO’s methodology and framework and encompasses best practice principles. The first monthly summary report has been presented to the Executive Team with positive feedback. The first quarterly report will be presented to Corporate and Strategic in December. |
RMA Planning |
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98. Next update report due to be presented to 12 December RPC meeting. 99. 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. Currently awaiting further instructions from the Court. Council will be presented with consolidated version of Change 5 for its approval to become operative sometime in early 2019. |
Statutory Advocacy |
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100. Next update report intended to be presented to 12 December RPC meeting. 101. Anticipating Bill for Stage 1 of RMA amendments late 2018 or early 2019. Details pending Bill drafting. |
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Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity |
102. HPUDS Implementation Working Group (‘IWG’) met on 19 November. Effectively a ‘reset’ of the IWG’s work, supported by a small number of council technical officers. Next IWG anticipated ~March/April 2019. 103. Also continuing to support quarterly reporting on urban development metrics as required by the NPS for Urban Development Capacity. |
Transport |
Regional Land Transport Planning Public Transport
Road Safety |
104. Draft Regional Public Transport Plan to be reviewed by Regional Transport Committee in December before consideration by Council. 105. First phase of testing of HBRC’s new ticketing system takes place in January in Dunedin. Subject to successful testing, our system will go live on 15 April 2019. 106. Google Transit feed is now live on the internet, meaning prospective passengers can plan a bus journey using Google Maps. This facility will be prominent on the new standalone goBay website, due to go live in early December. 107. Major roading projects which have been top priorities in the Regional Land Transport Plan are nearing completion. The Pakowhai Links roundabout and Whakatu Arterial Link will facilitate the free flow of traffic across the Heretaunga Plains and to Napier Port. 108. NZTA reports that car trips on key arterial routes in the region have declined as a result of fuel price increases. HBRC bus services between Napier and Hastings are carrying more passengers than last year, although suburban routes continue to decline. |
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.
That the Hawke’s Bay Regional Council receives and notes the Significant HBRC Activities through December 2018 and January 2019 report. |
Authored by:
Mike Alebardi Team Leader Pollution Response |
Paul Barrett Principal Consents Planner |
Genevieve Bennett Project Manager HB Biodiversity Strategy |
Gary Clode Manager Regional Assets |
Desiree Cull Strategy and Projects Leader |
Peter Davis Manager Environmental Information |
Ben Douglas Forest Management Advisor |
Rina Douglas Senior Planner |
Dean Evans Catchment Manager Tukituki/Southern Coasts |
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 |
Dr Barry Lynch Team Leader/Principal Scientist (Land Science) |
Anna Madarasz-Smith Team Leader/Principal Scientist Marine and Coast |
Malcolm Miller Manager Consents |
Martin Moore Harbourmaster |
Brendan Powell Catchment Manager (Central) |
Anne Redgrave Transport Manager |
Dr Jeff Smith Team Leader/Principal Scientist – Hydrology/Hydrogeology |
Dr Stephen Swabey Manager Science |
Jolene Townshend Project Manager, Resource Management |
Approved by:
Liz Lambert Group Manager Regulation |
Iain Maxwell Group Manager Integrated Catchment Management |
Chris Dolley Group Manager Asset Management |
Tom Skerman Group Manager Strategic Planning |
Jessica Ellerm Group Manager Corporate Services |
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Wednesday 28 November 2018
Subject: Clifton to Tangoio Coastal Hazards Strategy 2120 Update
Reason for Report
1. To provide a regular update of progress of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee.
Background
2. The Clifton to Tangoio Coastal Hazards Strategy 2120 represents a coordinated approach to identifying and responding to coastal hazards and influence of sea level rise over the next 100 years. It provides a platform for long term planning and decision making.
3. The strategy is being developed through a Joint Committee formed by elected representatives from the Hawke’s Bay Regional Council, He Toa Takitini, Napier City Council, Mana Ahuriri Incorporated, Hastings District Council and the Maungaharuru- Tangitū Trust.
4. The Strategy:
4.1. Covers the coastal area between Clifton and Tangoio
4.2. Seeks to develop a planned response to coastal hazards out to year 2120
4.3. Will assess and respond to the following coastal hazards:
4.3.1. Coastal Erosion (storm cut, trends, effects of sea level rise
4.3.2. Coastal Inundation (storm surge, run up, overtopping and sea level rise
4.4. Incorporates climate change as an overriding influence.
5. The vision of the strategy is:
5.1. That coastal communities, businesses and critical infrastructure from Tangoio to Clifton are resilient to the effects of coastal hazards.
Decision Making Process
6. 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.
That Hawke’s Bay Regional Council receives and notes the “Clifton to Tangoio Coastal Hazards Strategy 2120 Update” report. |
Authored and Approved by:
Chris Dolley Group Manager Asset Management |
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⇩1 |
Clifton to Tangoio Coastal Hazards Strategy - Meeting Summary 28 September 2018 |
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Wednesday 28 November 2018
Subject: Discussion of Items Not on the Agenda
Reason for Report
1. This document has been prepared to assist Councillors note the Items of Business Not on the Agenda to be discussed as determined earlier in Agenda Item 5.
1.1. Urgent items of Business (supported by tabled CE or Chairpersons’ report)
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Item Name |
Reason not on Agenda |
Reason discussion cannot be delayed |
1. |
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2. |
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1.2. Minor items (for discussion only)
Item |
Topic |
Councillor / Staff |
1. |
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2. |
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3. |
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Wednesday 28 November 2018
SUBJECT: Confirmation of the Public Excluded Minutes
That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 15 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:
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Authored by:
Leeanne Hooper Principal Advisor Governance |
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Approved by:
James Palmer Chief Executive |
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