Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Monday 10 December 2018
Subject: Joint Committee
Membership and Delegations
Reason
for Report
1. As the Strategy
has evolved through each stage of development, the Technical Advisory Group
(“TAG”) periodically review the Terms of Reference for the Joint
Committee to check that it remains relevant and optimised.
2. In developing
the detail of activity and project work required for Stage 4, TAG have
identified four recommended changes to the Terms of Reference.
3. Following a
review and feedback of the proposed Terms of Reference at the Joint committee
meeting on the 28 September 2018 a number of amendments have been made
resulting in the current version for consideration.
4. This report
presents these recommendations for Joint Committee consideration.
Discussion
5. The recommended
changes to the Terms of Reference are shown as tracked in the attached
document.
6. The first
suggested change in Section 3 of the Terms of Reference is to increase the
number of Partner Council appointees to the Joint Committee from two per
Council to three.
7. Increasing the
number of Councillors on the Joint Committee is considered to be desirable at
this stage of Strategy development given that much of the work in Stage 4 has
direct implications for Council expenditure. For example, in Stage 4 the Joint
Committee will be asked to consider and form recommendations on:
7.1. The share of
responsibilities for funding, consenting, construction and maintenance between
the Partner Councils;
7.2. Detailed
concept plans and costs for each of the recommended pathways; and
7.3. The public /
private apportionment of costs for each works programme.
8. Increased
Councillor participation in the Joint Committee will assist with the
development and delivery of recommendations to each Partner Council.
9. It is noted
that, prior to submitting this paper, this suggested change has been discussed
with all Joint Committee member organisations.
10. The second suggested
change is the addition of a new Section 7.5. This change provides an explicit
role for the Joint Committee to engage in various public processes that may
have implications for Strategy implementation.
11. In the past, this role has
not been clearly defined, and has been variously taken up by TAG, individual
Partner Councils, or the Joint Committee itself. Some examples of submissions
that have been lodged by various entities involved in the Strategy include:
11.1. Joint Committee
Submission on the Hastings District Council Annual Plan (2016);
11.2. Southern Cell Assessment
Panel submission on the Hastings District Council Draft Cape Coast Reserves
Management Plan (2017); and
11.3. Napier City Council
submission on the notified resource consent application by the Port of Napier
(2018).
12. A submission from the
Joint Committee may not always be appropriate, however the change to the Terms
of Reference is intended to convey that the Joint Committee has this function
and may, at its discretion, become involved in such processes to advocate for
the outcomes sought by the Strategy.
13. Practically, given the
Joint Committee only meets three or four times per year, it is suggested that
any such opportunities to enter a submission are highlighted to the Chair.
Where the Chair directs TAG to draft a submission, any such submission would be
circulated electronically for Joint Committee approval prior to lodging.
14. An amendment to the
definition of quorum. That going forward a quorum shall be 6 members with the
requirement that at least one partner council member is present from each
partner council.
15. Improvements to
reporting to ensure consistency of message back to each partner council. That
following each joint committee meeting that the project manager shall prepare a
brief summary report to be tabled at the next Council meeting for each partner.
A member of TAG will be available to support the presentation of the paper as
required.
16. No other changes to the
Terms of Reference are considered necessary at this stage to enable the Joint
Committee to effectively govern Stage 4 of Strategy development.
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Recommendations
That the Clifton to Tangoio Coastal Hazards
Strategy Joint Committee:
1. Receives the report “Joint Committee Membership and
Delegations”;
2. Approve the updated Terms of Reference for the Clifton to Tangoio
Coastal Hazards Strategy Joint Committee dated 28 September 2018; and
3. Recommends the updated Terms of Reference
for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee dated 28
September 2018 to the Hastings District Council,
Napier City Council and Hawke’s Bay Regional Council for adoption.
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Authored and
Approved by:
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Chris Dolley
Group Manager Asset Management
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Attachment/s
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⇩1
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Clifton to
Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference
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Attachment 1
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Terms of Reference for the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee
As at 28 September 2018
As adopted by resolution by:
Hastings District Council 23 March 2017
Napier City Council 31 May 2017
Hawke’s Bay Regional Council 28 June 2017
1. Definitions
For
the purpose of these Terms of Reference:
· “Act” means the Local Government
Act 2002.
· “Administering Authority” means
Hawke’s Bay Regional Council.
· “Coastal Hazards Strategy” means
the Coastal Hazards Strategy for the Hawke Bay coast between Clifton and
Tangoio[1].
· “Council Member” means an
elected representative appointed by a Partner Council.
· “Hazards” means natural hazards with the potential to affect
the coast, coastal communities and infrastructure over the next 100 years,
including, but not limited to, coastal erosion, storm surge, flooding or
inundation of land from the sea, and tsunami; and includes any change in these
hazards as a result of sea level rise.
· “Joint Committee” means the group
known as the Clifton to Tangoio Coastal Hazards Strategy Joint Committee set up
to recommend both draft and final strategies to each Partner Council.
· “Member” in relation to the Joint
Committee means each Council Member and each Tangata Whenua Member.
· “Partner Council” means one of the
following local authorities: Hastings District Council, Napier City Council and
Hawke’s Bay Regional Council.
· “Tangata Whenua Appointer” means:
o The trustees of the Maungaharuru-Tangitū Trust,
on behalf of the Maungaharuru-Tangitū Hapū;
o Mana Ahuriri Incorporated, on behalf of Mana Ahuriri
Hapū;
o He Toa Takitini, on behalf of the hapū of
Heretaunga and Tamatea.
· “Tangata Whenua Member” means a
member of the Joint Committee appointed by a Tangata Whenua Appointer
2. Name and status of Joint Committee
2.1 The
Joint Committee shall be known as the Clifton to Tangoio Coastal Hazards
Strategy Joint Committee.
2.2 The
Joint Committee is a joint committee under clause 30(1)(b) of Schedule 7 of the
Act.
3. Partner Council Members
3.1 Each
Partner Council shall appoint three Council Members and alternates to the
Joint Committee. If not appointed directly as Council Members, the Mayors of
Hastings District Council and Napier City Council and the Chairperson of
Hawke’s Bay Regional Council are ex officio Council Members.
3.2 Under
clause 30(9) Schedule 7 of the Act, the power to discharge any Council Member
on the Joint Committee and appoint his or her replacement shall be exercisable
only by the Partner Council that appointed the Member.
4. Tangata Whenua Members
4.1 Each
Tangata Whenua Appointer may appoint one member to sit on the Joint Committee.
4.2 Each
Tangata Whenua Appointer must make any appointment and notify all Tangata
Whenua Appointers and Partner Councils in writing of the appointment.
4.3 The
Tangata Whenua Members so appointed shall be entitled to vote.
4.4 Under
clause 30(9) Schedule 7 of the Act, the power to discharge any Tangata Whenua
Member on the Joint Committee and appoint his or her replacement shall be
exercisable only by the Tangata Whenua Appointer that appointed the Member.
5. Purpose of Terms of Reference
5.1 The
purpose of these Terms of Reference is to:
5.1.1 Define the responsibilities of the Joint
Committee as delegated by the Partner Councils under the Act.
5.1.2 Provide for the administrative arrangements of
the Coastal Hazards Strategy Joint Committee as detailed in Appendix 2.
6. Meetings
6.1 Members,
or their confirmed alternates, will attend all Joint Committee meetings.
7. Delegated authority
The Joint Committee has the responsibility delegated
by the Partner Councils for:
7.1 Guiding
and providing oversight for the key components of the strategy including:
o The identification of coastal hazards extents and
risks as informed by technical assessments;
o A framework for making decisions about how to respond
to those risks;
o A model for determining how those responses shall be
funded; and
o A plan for implementing those responses when
confirmed.
7.2 Considering
and recommending a draft strategy to each of the Partner Councils for public
notification;
7.3 Considering
comments and submissions on the draft strategy and making appropriate
recommendations to the Partner Councils;
7.4 Considering
and recommending a final strategy to each of the Partner Councils for approval;
7.5 Advocating
for and/or advancing the objectives of the strategy by submitting on and participating
in processes, including but not limited to:
o Council long term plans;
o Council annual plans;
o District and regional plan and policy changes;
o Reserve management plans;
o Asset management plans;
o Notified resource consent applications;
o Central Government policy and legislation.
7.6 Investigating
and securing additional sources of funding to support strategy implementation.
8. Powers not delegated
The following powers are not delegated to the Joint
Committee:
8.1 Any
power that cannot be delegated in accordance with clause 32 Schedule 7 of the
Local Government Act 2002.
8.2 The
determination of funding for undertaking investigations, studies and/or
projects to assess options for implementing the Coastal Hazards Strategy.
9. Remuneration
9.1 Each
Partner Council shall be responsible for remunerating its representatives on
the Joint Committee and for the cost of those persons' participation in the
Joint Committee.
9.2 The
Administering Authority shall be responsible for remunerating the Tangata
Whenua Members.
10. Meetings
10.1 The Hawke’s Bay Regional Council
standing orders will be used to conduct Joint Committee meetings as if the
Joint Committee were a local authority and the principal administrative officer
of the Hawke’s Bay Regional Council or his or her nominated
representative were its principal administrative officer.
10.2 The Joint Committee shall hold all meetings at
such frequency, times and place(s) as agreed for the performance of the
functions, duties and powers delegated under this Terms of Reference.
10.3 Notice of meetings will be given well in
advance in writing to all Joint Committee Members, and not later than one month
prior to the meeting.
10.4 The quorum shall be 6 Members, provided that
at least one Partner Council Member is present from each Partner Council.
11. Voting
11.1 In accordance with clause 32(4) Schedule 7 of
Act, at meetings of the Joint Committee each Council Member has full authority
to vote and make decisions within the delegations of this Terms of Reference on
behalf of the Partner Council without further recourse to the Partner Council.
11.2 Where voting is required, all Members of the
Joint Committee have full speaking rights.
11.3 Each Member has one vote.
11.4 Best endeavours will be made to achieve
decisions on a consensus basis.
11.5 As per HBRC Standing Order 18.3: The
Chairperson at any meeting does not have a deliberative vote and, in the case
of equality of votes, has no casting vote.
12. Election of Chairperson and Deputy
Chairperson
12.1 On the formation of the Joint Committee the
members shall elect a Joint Committee Chairperson and may elect up to two
Deputy Chairpersons. The Chairperson is to be selected from the group of
Council Members.
12.2 The mandate of the appointed Chairperson or
Deputy Chairperson ends if that person through resignation or otherwise ceases
to be a member of the Joint Committee.
13. Reporting
13.1 All reports to the Committee shall be
presented via the Technical Advisory Group[2]
or from the Committee Chairperson.
13.2 Following each meeting of the Joint Committee,
the Project Manager shall prepare a brief summary report of the business of the
meeting and circulate that report, for information to each Member following
each meeting. Such reports will be in addition to any formal minutes prepared
by the Administering Authority which will be circulated to Joint Committee
representatives.
13.3 The Technical Advisory Group shall ensure that
the summary report required by 13.2 is also provided to each Partner Council for
inclusion in the agenda for the next available Council meeting. A Technical
Advisory Group Member shall attend the relevant Council meeting to speak to the
summary report if requested and respond to any questions.
14. Good faith
14.1 In the event of any circumstances arising that
were unforeseen by the Partner Councils, the Tangata Whenua Appointers, or
their respective representatives at the time of adopting this Terms of
Reference, the Partner Councils and the Tangata Whenua Appointers and their respective
representatives hereby record their intention that they will negotiate in good
faith to add to or vary this Terms of Reference so to resolve the impact of
those circumstances in the best interests of the Partner Councils and the
Tangata Whenua Appointers collectively.
15. Variations to these Terms of Reference
15.1 Any Member may propose a variation, deletion
or addition to the Terms of Reference by putting the wording of the proposed
variation, deletion or addition to a meeting of the Joint Committee.
15.2 Amendments to the Terms of Reference may only
be made with the approval of all Members.
16. Recommended for Adoption by
16.1 The Coastal Hazards Strategy Joint Committee
made up of the following members recommends this Terms of Reference for adoption
to the three Partner Councils:
Napier City Council
represented by Cr Tony Jeffery and Cr Larry Dallimore
Appointed by NCC resolution 2
November 2016
Hastings District Council
represented by Cr Tania Kerr and Cr Ann Redstone
Appointed by HDC resolution 8
November 2016
Hawke’s Bay Regional
Council represented by Cr Peter Beaven and Cr Paul Bailey
Appointed by HBRC resolution 9
November 2016
Maungaharuru-Tangitū Trust (MTT) represented by Ms
Tania Hopmans
Mana Ahuriri Inc represented
by Ms Tania Huata
He Toa Takitini represented by
Mr Peter Paku
Appendix 1 – Project Background
Project Goal
A Clifton to Tangoio Coastal Hazards
Strategy is being developed in cooperation with the Hastings District Council
(HDC), the Hawke’s Bay Regional Council (HBRC), the Napier City Council
(NCC), and groups representing Mana
Whenua and/or Tangata Whenua. This strategy is being developed to provide a framework
for assessing coastal hazards risks and options for the management of those
risks for the next 105 years from 2015 to 2120.
The long term vision for the strategy is
that coastal communities, businesses and critical infrastructure from Tangoio
to Clifton are resilient to the effects of coastal hazards.
Project
Assumptions
The Coastal Hazards Strategy will be based
on and influenced by:
· The long term needs of the Hawke’s
Bay community
· Existing policies and plans for the
management of the coast embedded in regional and district council plans and
strategies.
· Predictions for the impact of climate
change
· The National Coastal Policy Statement
Project Scope
The Coastal Hazards Strategy is primarily
a framework for determining options for the long term management of the coast
between Clifton and Tangoio. This includes:
· Taking into account sea level rise and the
increased storminess predicted to occur as a result of climate change, an
assessment of the risks posed by the natural hazards of coastal erosion,
coastal inundation and tsunami.
· The development of a framework to guide
decision making processes that will result in a range of planned responses to
these risks
· The development of a funding model to
guide the share of costs, and mechanisms to cover those costs, of the
identified responses.
· The development of an implementation plan
to direct the implementation of the identified responses.
· Stakeholder involvement and participation.
· Protocols for expert advice and peer
review.
· An action plan of ongoing activity
assigned to various Members.
The
Strategy will:
· Describe a broad vision for the coast in
2120, and how the Hawke’s Bay community could respond to a range of
possible scenarios which have the potential to impact the coast by 2120.
· Propose policies to guide any intervention
to mitigate the impact of coastal processes and hazards through the following
regulatory and non-regulatory instruments:
o Regional
Policy Statement
o District
Plans
o Council
long-term plans
o Infrastructure
Development Planning (including both policy and social infrastructure
networks).
