Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 1 May 2019

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 27 March 2019

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

5.         Call for Minor Items of Business Not on the Agenda                                                  13

6.         Significant Council Staff Activities through May 2019                                                15

Decision Items

7.         Order of Candidates' Names on Voting Documents                                                   23

8.         Report and Recommendations from the Regional Planning Committee                   25

9.         Affixing of Common Seal                                                                                             27

Information or Performance Monitoring

10.       April 2019 Napier Port IPO Transaction Project Update                                            29

11.       Annual Plan 2018-19 Progress Report to 31 March 2019 and Nine Month Reforecast for Financial Year ending 30 June 2019                                                                          31

12.       Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary   63

13.       Report from 9 April 2019 Māori Committee Meeting                                                  67

14.       Report from the 10 April 2019 Environment and Services Committee Meeting        69

15.       Discussion of Minor Items Not on the Agenda                                                           71

Decision Items (Public Excluded)

16.       Confirmation of Public Excluded Meeting held on 27 March 2019                             73

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

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.

 

Recommendation

That the Council receives and notes the “Follow-up Items from Previous Meetings” staff report.

 

 

Authored by:

Leeanne Hooper

Principal Advisor Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

1

Followups for April 2019 Council meeting

 

 

  


Followups for April 2019 Council meeting

Attachment 1

 


Followups for April 2019 Council meeting

Attachment 1

 



Followups for April 2019 Council meeting

Attachment 1

 





HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

Subject: Call for Minor Items of Business Not on the Agenda

 

Reason for Report

1.      Hawke’s Bay Regional Council standing order 9.13 allows:

1.1.   “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

2.      That Council accepts the following “Minor Items of Business Not on the Agenda” for discussion as Item 15.

Item

Topic

Raised by

1.    

 

 

2.    

 

 

3.    

 

 

 

 

Leeanne Hooper

PRINCIPAL ADVISOR GOVERNANCE

James Palmer

CHIEF EXECUTIVE

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

SUBJECT:   Significant Council Staff Activities through May 2019

 

Reason for Report

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

Significant Work Streams

NPSFM Plan Changes

Project description

Activity Status Update

Group/Section

Team(s)

Strategic Planning

Policy

Progressing outstanding water bodies plan change (‘PC7’) to notification

1.   Staff report to be presented to Regional Planning Committee meeting on 15th May.  Report will include further technical reports on assessments, iwi consultation, targeted stakeholder consultation.  Report will seek RPC’s recommendations on identification of outstanding waterbodies in the region.

 

 

Progressing TANK plan change (‘PC9’) to notification

2.   Pre-notification targeted consultation feedback is being collated for reporting to the Regional Planning Committee meeting on 15 May.

 

New Initiatives (LTP)

Project description

Activity Status Update

Workstream

Group/Team(s)

Erosion Control Scheme

Integrated Catchment Management and Client Services

 

3.   With 29 applications being processed (total value approx $1.9M), staff will continue to engage with landowners and establish erosion control plans, and also connect with suppliers to deliver on these plans.

4.   Hill country erosion scheme contract with Te Uru Rakau is expected to be signed in May. Total project is $8.2 M - $2.84M Regional Council, $1.1M land owners and $4.27M Te Uru Rakau funding. First task following signing the contract will be recruitment of a project coordinator.

5.   Data collection tools Collector, Survey 123 and GIS web app development nearing completion, with staff training on use during May.

6.   Discussions about erosion control and the long term sustainability of the sea facing paddock currently underway with the landowner adjacent to Te Angiangi Marine Reserve.

More Whitebait

Water Quality & Ecology (WQE)

Identify partnership opportunities to enhance whitebait populations

7.   Some compromise to balance trees for bank stabilisation versus grass for spawning under negotiation at Tukituki site.

 


 


Ngaruroro River & Clive River Water Conservation Order (WCO) application

Project description

Activity Status Update

Group/Section

Team(s)

Strategic Planning

Policy

Ngaruroro Water Conservation Order application- Special Tribunal proceedings

8.   Stage 2 of the hearing closed 8 March 2019. The Applicants have submitted their written closing statement.

9.   Special Tribunal is yet to confirm and announce its next procedural steps & timings.

 

CHB Water

Project description

Activity Status Update

Group/Section

Team(s)

Integrated Catchment Management

Groundwater Science

 

10. Drilling new groundwater monitoring bores at Ongaonga and Tikokino complete. Each site has a 30m and 90m bore to monitor shallow and deep groundwater levels. Dataloggers and telemetry installation is next step, to provide real-time data via internet

Water quality & Ecology

Sub catchment summaries

11. $30K of work funded by Fonterra has been confirmed to scope potential constructed wetland sites to help with DIN reductions in the Tukipo catchment. 

Strategic Planning

Policy

Scoping potential for plan change to amend dates for minimum flows

12. At 17th April Regional Planning Committee meeting, RPC made recommendation on whether or not to proceed with a limited plan change that would delay implementation of new minimum flows in Tukituki.  Refer separate report from RPC meeting for outcome.

 

Hawke’s Bay Drinking Water

Project description

Activity Status Update

Group/Section

Team(s)

Office of CE & Chair

Governance

HB DW Governance Joint Committee

13. Joint Committee meeting held 11 April, and next meeting scheduled 4 September.

 


Significant Team Activities

Integrated Catchment Management Group

Project description

Activity Status Update

Section

Team

Environmental Science & Information

All teams

LiDAR Data Project

14. LINZ advised in early April that they will fund up to 59% of a project to capture LiDAR data for the whole of the Hawke’s Bay region, up to a cap of $1,067,868. Other funders (including HBRC) will need to provide at least $742,077 towards the project to receive this funding from LINZ. The four main districts will contribute $500,000 in total, and HBRC is contributing $300,000. Taupo District’s area in the Hawke’s Bay region is being included in the Waikato region’s project. Proposed variations to the base specification received from districts will be included in the Request for Tenders, which will be managed by LINZ.

 

 

Air Quality

15. Air quality monitoring in Breakwater Road, near Napier Port, is being undertaken during April/May.  It includes measurements of PM10, nitrogen oxides and sulphur dioxide. 

 

 

Land Science

16. Annual soil quality monitoring sampling of approx 15 orchards and vineyard sites begins 6 May.

 

 

Water quality and ecology

17. Spawning area at Grange Creek has been recontoured to enhance spawning habitat quality for inanga in the Tukituki River

18. Replacement scientist position has been offered to an outstanding candidate, and this role will now have more focus on fish monitoring, remediating fish barriers, enhancing whitebait and rolling out our continuous water quality data network

 

 

Environmental Information

19. Isco sediment samplers will be installed at Tutaekuri at Puketapu and Esk at Waipunga Bridge.

20. Esk at Berry Rd flood warning site to be upgraded.

21. More data to be bought up to NEMS standards.

Biosecurity/ Biodiversity

 

Predator Free Hawkes Bay

22. Whakatipu Mahia signup of landowners finalised

23. Work on area 1A & 1B of Mahia Peninsula finalised

24. Planning meeting for next 12 month research contract with Manaaki Whenua in Lincoln, integrating with the Predator Free Taranaki project

 

 

Biodiversity priority ecosystems

25. Working with with Mike Thorsen (ERA Ecology NZ Ltd) in developing a threatened species layer that will be applied to the ecosystem prioritisation layer

26. First meeting of the Biodiversity Statutory Agency Working Group will be held in May


 

Integrated Catchment Management Group

Project description

Activity Status Update

Section

Team

Biosecurity/ Biodiversity

 

Plant pests

27. Continuing urban Woolly nightshade checks

28. Old man’s beard surveillance next to Kaweka ranges

 

 

Animal pests

29. Northern DOC reserves coming up for their 1st and 2nd possum control service under the DOC exacerbator budget.

30. 2018-19 possum monitoring northern HB completed

Catchment Management

Central Team

 

 

31. A main focus between now and the end of May is completing the set-up of systems to ensure smooth handling of more than 30,000 poplar and willow poles and 50,000 riparian plants from ordering to delivery which begins at the end of May/early June

32. The three teams are focused on driving sales of these poles and plants to erodible and riparian areas.

33. The process to appoint a Hotspot Project coordinator to replace Te Kaha is almost completed.


 

Integrated Catchment Management Group

Project description

Activity Status Update

Section

Team

Catchment Management

Southern Team

 

Discussions have begun around more effective use of the HBRC Waipukurau site and how this site is viewed by the community.

35. Essential pre-consultation discussions with representatives from the Lake Whatuma owners syndicate and tangata whenua have taken place, seeking to clarify opportunities around lake ownership, sale price expectations and potential conditions of sale.

36. HBRC is assisting a Hawea catchment property with 1,210 meters of stream stock exclusion fencing. This property also received 100k from 1BT to plant 10,000 native plants on 21ha over the next 3 years. The neighboring property now wants to exclude stock from a further 500 meters of the Hawea stream and retire it fully - highlighting that this programme of work is gaining momentum.

37. HBRC is working with landowners to fence the southern side of the Porangahau estuary, from the road bridge to the point where the estuary and the beach meet. HBRC is providing funding from the Marine and Coastal fund due to recently discovered sea grass in the estuary. Staff are engaging with the community and local school to take them along on the journey, and signage is being installed at the end of the bridge to help inform and educate beach visitors.

38. Partnering with QEII and the land owner on an area of magnificent bush (16.8ha) inland from Blackhead, which has been identified as an Ecosystem prioritisation (EP) site. Planning to fence around the whole area including some pasture retirement on the two sides that have slips and slumps for native regeneration.

 

Regulation Group

Project description

Activity Status Update

Section

Team(s)

Compliance

 

PanPac Outfall leak

39. Pan Pac is currently completing repairs on the leak. Following information obtained since late March Pan Pac now plan to install an alternative method of pipeline repair using a rigid pipe insert rather than the fibreglass patches and Swiss liner considered earlier. The impact of this is that the work is expected to be completed by mid-May, weather permitting.

Consents

Consents

Large/ significant application Processes

40. Te Mata Mushrooms Application for related consents from HDC has been notified and submissions have closed. Approx.150 were received. HBRC and HDC now coordinating on joint hearing expected to occur in late June/early July.  

41. The applications lodged with HBRC & CHBDC for mushroom composting on a Mt Herbert Road Waipukurau site are subject to a s92 request for more information.

42. HBRC gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri. Submission period closed on 4 March. The process is on hold at the applicant’s request. A hearing may be required but there are no submissions opposing so matters may be able to be resolved by prehearing discussions. 

43. The four resource consent applications (Landcorp & NCC) for discharging stormwater and drainage water into the Ahuriri Estuary are on hold.

44. Ruataniwha Tranche 2 groundwater take (8) applications are on hold.

45. Wairoa District Council waste water discharge replacement consent application in process. Consent planner is preparing a s 92 further information request following meeting with applicants consultant.

46. Takes from the Heretaunga Plains unconfined aquifer (approx. 200 lodged) expire 31 May and will be processed as a group, as requested by applicants,

47. CHB Wastewater working party reference group due to provide its recommendation on improved options to CHBDC by May for the Council to determine its options and to advise the Environment Court (by June 30 2019).

Consents

Appeals/ Environment Court

48. PanPac Environment Court hearing was held on 8 April.  Awaiting decision

 


 

Strategic Planning Group

Project description

Activity Status Update

Section / Team(s)

Policy & Planning

Statutory Advocacy

49. Towards mid-2019, policy planning staff continue anticipating a variety of Bills, draft NPSs/NESs and discussion documents to be released for sector and/or public comment. These include:

(a)  Bill for Stage 1 of RMA amendments

(b) Freshwater NPS amendments and NESs

(c)  National biodiversity strategy review

(d) NPS re indigenous biodiversity

(e) NPS re productive soils

(f)  NES for outdoor storage of tyres

(g)  12 month review of NES for plantation forestry implementation

(h) ‘Urban Growth Agenda’ urban planning pillar

(i)   Zero Emissions Bill Select Committee process

(j)   Emissions Trading Scheme regulation changes.

Policy & Planning

Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity

50. HPUDS Implementation Working Group (IWG) meeting anticipated May 2019.

51. Quarterly reporting on urban development metrics as required by the NPS for Urban Development Capacity is ongoing.

Transport

Public Transport

 

Regional Road Safety

52. The consultation period for the Regional Public Transport Plan ends on 6 May. 

53. The annual Road Safety Expo will take place at Pettigrew Arena during the week beginning 6 May.  This event is attended by senior students of almost every high school in Hawke’s Bay. Members of the public are also welcome.

 

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 April 2019 report.

 

Authored by:

Genevieve Bennett

Project Manager HB Biodiversity Strategy

Desiree Cull

Strategy and Projects Leader

Peter Davis

Manager Environmental Information

Dean Evans

Catchment Manager Tukituki/Southern Coasts


 

Keiko Hashiba

Terrestrial Ecologist

Nathan Heath

Catchment Manager (Wairoa/Mohaka)

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Gavin Ide

Principal Advisor Strategic 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

Brendan Powell

Catchment Manager (Central)

Anne  Redgrave

Transport Manager

Dr Jeff Smith

Team Leader/Principal Scientist – Hydrology/Hydrogeology

 

Approved by:

Liz Lambert

Group Manager Regulation

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Iain Maxwell

Group Manager Integrated Catchment Management

Tom Skerman

Group Manager Strategic Planning

 

Attachment/s

There are no attachments for this report.   


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

Subject: Order of Candidates' Names on Voting Documents

Reason for Report

1.      This item seeks a decision on the order of candidates’ names on voting documents for the 2019 election.

Options

2.      In accordance with Regulation 31(1) of the Local Electoral Regulations 2001, the Council is able to decide whether the names are to be arranged on the voting documents in alphabetical order of surname, pseudo-random order, or random order.

Alphabetical Order by Surname

3.      This is the order which has been used at all previous elections and is self-explanatory.

Pseudo-Random Order

4.      Under this arrangement, the candidates’ names for each issue (election) are placed in a hat (or similar receptacle), mixed together, and then drawn out of the receptacle, with candidates’ names being placed for all voting documents for that issue in the order they are drawn.

5.      The regulations provide that if a council has determined that pseudo-random order is to be used, the Electoral Officer must state, in the public notice required to be given, the date, time and place in which the order of the candidates’ names will be arranged. Any person is then entitled to attend while the draw is in progress.

Random Order

6.      Under this arrangement, the names of the candidates for each issue are shown in a different order on each and every voting document, utilising software which enables the names of candidates to be printed in a different order on each paper.

Options Assessment

7.      The Council has traditionally used alphabetical order in the triennial elections, and if Council does not resolve otherwise, the candidates’ names must be arranged in alphabetical order of surname.

8.      The voting papers for the 2019 election will contain elections for (or will advise who has been elected if there are only enough candidates to fill the vacancy for any particular position) the following issues.

8.1.      Central Hawke’s Bay Constituency (electing 1 councillor)

8.2.      Hastings Constituency (electing 3 councillors)

8.3.      Napier Constituency (electing 3 councillors)

8.4.      Ngaruroro Constituency (electing 1 councillor)

8.5.      Wairoa Constituency (electing 1 councillor).

9.      Technological developments for the printing of voting papers has greatly improved, so that there is no difference in either cost or quality for the printing of alphabetical or randomised voting papers.

10.    Recent research on voting patterns has also indicated that candidates with a surname starting at the top end of the alphabet may have a slight advantage over others with a lower alphabetical ranking.

11.    A Government response to the Report of the Justice and Electoral Committee on its Inquiry into the 2013 local authority elections stopped short of recommending that the order on all ballot papers in local authority elections be completely randomised, but did encourage councils to consider adopting the randomisation of names under the existing provision.

12.    Random order for voting papers has been increasingly adopted by local councils. Out of a total number of 118 Territorial Authorities, District Health Boards and Licensing Trusts in the 2016 election, 55 used random order, 54 alphabetical and 9 pseudo-random.

13.    In the Hawke’s Bay region in 2016, only Napier City Council opted to use random order, however for the 2019 elections all except Wairoa District Council have resolved to use random order.

Financial and Resource Implications

14.    The order that candidates names appear on the voting documents does not have any financial impact on the costs of the election.

Decision Making Process

15.    This decision is primarily administrative rather than a policy issue and does not trigger the Council’s significance and engagement policy.

 

Recommendations

That Hawke’s Bay Regional Council:

1.      Agrees that the decision to be made is not significant under the Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make this decision without conferring directly with the community or persons with an interest in the decision.

2.      Resolves that the names of candidates at the 2019 Hawke’s Bay Regional Council elections and any intervening by-elections be arranged in random order.

 

Authored by:

Leeanne Hooper

Principal Advisor Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

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 17 April 2019, and are now presented to Council for consideration and approval.

Agenda Items

2.      Potential Tukituki Plan Change – re-presented an assessment of the merits of proceeding with a plan change to ease the transition to the Plan Change 6 minimum flow regime for the Tukituki Catchment community based on responses received by staff to the scoping process that sought preliminary stakeholder feedback. The Committee recommendations to Council, as resolved, are:

2.1.      Agrees that the decision to be made is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that the Committee can exercise its discretion and make this decision without conferring directly with the community in addition to the feedback already provided by stakeholders.

2.2.      Agrees to not progress a proposed plan change to defer the 2018 minimum flow regime until 1 July 2021.

3.      Tangata Whenua Remuneration Reviewthis item provided the committee with the Co-Chairs’ recommendations on the appointment of a reviewer and Terms of Reference for the review, seeking agreement for staff to initiate the review. The Committee resolved:

3.1.      Agrees to the engagement of Strategic Pay to carry out the remuneration review

3.2.      Agrees that the Co-Chairs will review and finalise the Terms of Reference for the review by mutual agreement.

4.      HBRC 2019-20 Annual Plan Approach – this item advised Council’s “no consultation” approach to the annual plan.

5.      The Overview of the Regional Three Waters Review, Resource Management Policy Project Updates and Statutory Advocacy Update – were re-presented to the Committee, to be taken as read.

Decision Making Process

6.      These items were specifically considered at the Committee level.

 

Recommendations

That the 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.      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.

Potential Tukituki Plan Change

3.      Agrees that the decision to be made is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that the Committee can exercise its discretion and make this decision without conferring directly with the community in addition to the feedback already provided by stakeholders.

4.      Agrees to not progress a proposed plan change to defer the 2018 minimum flow regime until 1 July 2021.

Reports

5.      Notes that the following reports were provided to the Committee

5.1.      Tangata whenua Remuneration Review

5.2.      HBRC 2019-20 Annual Plan Approach

5.3.      Overview of the Regional Three Waters Review

5.4.      Resource Management Policy Project Updates

5.5.      Statutory Advocacy Update.

 

Authored by:

Leeanne Hooper

Principal Advisor Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

Subject: Affixing of Common Seal

 

Reason for Report

1.      The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.

 

 

Seal No.

Date

1.1

Leasehold Land Sales

 

1.1.1     Lot 96

          DP 13379

          CT  F1/596

-     Agreement for Sale and Purchase

 

1.1.2     Lot 3

          DP 4578

          CT  56/142

-     Transfer

 

1.1.3     Lot 2

          DP 11825

          CT  C4/669

-     Transfer

 

1.1.4     Lot 96

          DP 13379

          CT  F1/596

-     Transfer

 

1.1.5     Lot 2

          DP 14773

          CT  G3/1459

-     Agreement for Sale and Purchase

 

 

 

 

 

 

4309

 

 

 

 

4310

 

 

 

 

4313

 

 

 

 

4314

 

 

 

 

4315

 

 

 

 

 

29 March 2019

 

 

 

 

29 March 2019

 

 

 

 

9 April 2019

 

 

 

 

9 April 2019

 

 

 

 

15 April 2019

1.2

Staff Warrants

1.2.1  C. Stace

          (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))

 

1.2.2  W. Telford

          (Delegations under Biosecurity Act 1993; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91)and Local Government Act 2002 (s.174))

 

 

 

4312

 

 

 

 

 

 

 

4311

 

 

9 April 2019

 

 

 

 

 

 

 

29 March 2019

 

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.      0 cross lease properties were sold, with 74 remaining on Council’s books

4.2.      1 single leasehold property was sold, with 101 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.

 

Recommendations

That Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

2.      Confirms the action to affix the Common Seal.

 

Authored by:

Trudy Kilkolly

Principal Accountant Rates and Revenue

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 01 May 2019

Subject: April 2019 Napier Port IPO Transaction Project Update

Reason for Report

1.      This report provides the Regional Council with a monthly update on the Port Capital Structure Project following the 19 December 2018 decision to proceed with preparatory work ahead of a potential minority IPO of Napier Port.

Council decisions

2.      Council approved at its meeting on 27 March to:

2.1.      Create a new Council Controlled Organisation (to be named Napier Port Holdings Limited)

2.2.      Supplement existing majority shareholder protections for publicly listed companies with a range of new shareholder protections, including appointing two majority shareholder-appointed directors on the Napier Port Holdings and Port of Napier Boards

2.3.      adopt an amendment to the Regional Council’s 2018-28 Long-Term Plan which enables the Regional Council to make a final decision on whether or not to proceed with a minority IPO of Napier Port.

3.      Council staff have subsequently updated all submitters on the proposal to create a Council Controlled Organisation with Council’s decision and the rationale for it.

Port due diligence

4.      Multiple detailed workstreams are being advanced in preparation for a potential minority IPO of Napier Port.

5.      Finalisation of due diligence reports is occurring across the trade and economic, engineering and environmental workstreams, noting legal and accounting and tax workstreams are continuing.

Preparation for the initial public offering

6.      Detailed preparation is underway for a potential public offering.  Workstreams include:

6.1.      The Napier Port management team, along with its advisors, conducted introductory meetings with a range of potential institutional investors across New Zealand and overseas.

6.2.      The 6 Wharf Business Case, reflecting more detailed and refined cost estimates for the construction of 6 Wharf has been approved by the Napier Port Board. This was a condition set by the Regional Council that had to be satisfied ahead of any vote to proceed with a minority IPO. Council has been briefed accordingly and the updated costs disclosed in a media release.

6.3.      The Port management, with its advisors, continues work to further refine these construction costs.

6.4.      Detailed IPO financial and offer planning continues, including items such as priority access to shares for local constituents of Hawke’s Bay, local iwi and Port staff.

Next Steps

7.      A workshop is planned with Council 1 May to discuss further preparatory items, targeting a final decision by Council, on whether to proceed, in the next 4-6 weeks.


Decision Making Process

8.      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 Hawke’s Bay Regional Council receives and notes the “April 2019 Napier Port IPO Transaction Project Update” staff report.

 

Authored by:

Blair O'Keeffe

HBRIC Ltd Chief Executive

 

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

SUBJECT: Annual Plan 2018-19 Progress Report to 31 March 2019 and Nine Month Reforecast for Financial Year ending 30 June 2019

 

Reason for Report

1.      This report provides an update from the reforecasting exercise for the financial year ending 30 June 2019 and a non-financial progress report on Long Term Plan (LTP) level of service measures.

Reforecasting Exercise to 30 June 2019

2.      The reforecasting exercise summarised in this financial report is based on expenditure and revenue analysis for the nine months to 31 March of the current financial year and has been amended where necessary to reflect the anticipated position at 30 June 2019.

3.      The review included all operating and capital projects, cost centres and investment income. There were a number of adjustments but overall any increased expenditure has been offset by reductions in other areas.

4.      The most significant variations from the original 2018-19 budget come from:

Investment Income

5.      The LTP provided for the transfer of $40 million previously set aside for the Ruataniwha Water Storage Scheme to a diversified managed investment fund in order to preserve the capital and grow investment income to help fund the increase in Council’s operating activities.

6.      The process of selecting and appointing a fund manager took longer than initially expected, and was exacerbated by the need for an open procurement process and the decision to appoint two fund managers.

7.      The full year return expectations have become unachievable due to the delay in placing these funds.  The LTP forecasted a return of 4.5% on the managed funds for the whole year compared to term deposit rates at around 3%. With this discrepancy in earnings there is an expected negative variance of $350,000 for the year.

Our Port Consultation Costs

8.      The 2018-28 LTP included $100,000 funding for the development and communication of the Port consultation.  As the process has progressed this budget has been exceeded due to unbudgeted expenses associated with procuring out of scope legal and other professional advice in addition to the planned costs for auditing of the LTP amendment communications advice, postage and delivery.

9.      Total costs have increased to $200,000, leaving $100,000 that needs to be factored into the reforecast.

10.    Full reforecasting movements with explanations on variances are attached.


Non-Financial Results for Nine Months to 31 March 2019

The 9 month progress report on the Level of Service Measures in the 2018-28 Long Term Plan are attached, below is a chart showing a summary of the current status.

The red off track measure and no data measures are listed below.

Governance and Partnerships

Community Representation and Leadership

 

Level of Service Statement

Level of Service Measure

Actual Performance

Status

HBRC will make sound investment decisions to grow its assets and generate investment incomes to fund council projects, programmes and activities. 

Rate of returns on investment as set out in council’s Investment Policy are met.

Due to the slow distribution of the investment funds there has been a delay in earning the extra returns set out in the Investment Policy. This was fully allocated by the end of Feb.

Off Track

HBRC will monitor consent holders to ensure compliance with the resource consent conditions imposed to protect the environment and human health.

Percentage of programmed inspections/reports completed each year as per the adopted risk-based Compliance Monitoring Strategy.

Waiting for IRIS reporting to be repaired. Data cannot be retrieved for present report but is expected to be available from early May.

No Data

Percentage of monitored consents which receive and overall grade of full compliance.

Waiting for IRIS reporting to be repaired. Data cannot be retrieved for present report but is expected to be available from early May.

No Data

 

11.    The full non-financial progress report is attached.

Decision Making Process

12.    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 “Annual Plan 2018-19 Progress Report to 31 March 2019 and Nine Month Reforecast for Financial Year ending 30 June 2019” staff report.

 

Authored by:

Kelly Burkett

Business Analyst

Brylee Finlayson

Financial Accountant

Manton Collings

Chief Financial Officer

 

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

James Palmer

Chief Executive

 

 

Attachment/s

1

Reforecasting for 31 March 2019

 

 

2

LTP Non-financial Progress Report to 31 March 2019

 

 

  


Reforecasting for 31 March 2019

Attachment 1

 




LTP Non-financial Progress Report to 31 March 2019

Attachment 2

 
























HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

Subject: Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary

Reason for Report

1.      To provide a regular update (attached) on 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.

 

Recommendation

That the Hawke’s Bay Regional Council receives and notes the “Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary” report.

 

Authored by:                                                       Approved by:

Simon Bendall

Project Manager

Chris Dolley

Group Manager
Asset Management

 

Attachment/s

1

Coastal Hazards Joint Committee 18 March 2019 Meeting Summary

 

 

  


Coastal Hazards Joint Committee 18 March 2019 Meeting Summary

Attachment 1

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

Subject: Report from 9 April 2019 Māori Committee Meeting

 

Reason for Report

1.      This item provides the opportunity for the Māori Committee Chairman to provide detailed context and feedback in relation to the discussions that took place at the Māori Committee meeting on 9 April 2019, held in Central Hawke’s Bay.

Agenda items

2.      Seagrass in the Porangahau Estuary - Anna Madarasz-Smith presented on the issues and opportunities for the Pōrangahau Estuary.

3.      April 2019 Hotspots Update – provided an update focused on Tūtira Regional Park environmental projects.

4.      Dartmoor Eels - a summary of the situation in response to a recent eel kill incident, including investigations into adapting drain maintenance programmes to protect the eels in the flood and drainage systems.

5.      Draft Regional Public Transport Plan:  Anne Redgrave presented the draft Regional Public Transport Plan, seeking feedback in the form of submissions, on what can be improved, particularly in the outlying areas, advising that submissions are open until 6 May 2019.

6.      HBRC 2019-20 Annual Plan Approach:  Outlined the ‘no consultation’ approach the Regional Council is taking, and provided the high level messages that will be made available to the public commencing 18 April.

7.      Update on the Pan Pac Discharge at Whirinaki:  Provided an update on activities undertaken to fix the broken Whirinaki pipeline.

8.      A regular Statutory Advocacy update from the HBRC policy team.

9.      Verbal updates on current issues and activities from the HBRC Chief Executive, Chairman and Te Pou Whakarae (Māori Partnerships) on topics covering:

9.1.      the potential Napier Port sharemarket listing

9.2.      meeting with Dave Paku on environmental issues, changes in the environment and farm practices

9.3.      James Palmer arranging a local specialist to speak on the economics of afforestation and carbon

9.4.      Eskdale community planting programme

9.5.      Balance Farm Awards

9.6.      Relationship between RPC and Maori Committee and what the future might look like after the October elections.

10.    Regular updates from the taiwhenua representatives covered:

10.1.    Wairoa Taiwhenua - a wananga at Waiparere Farm to investigate the regeneration of native trees; Right Tree Right Place hui with James Powrie at NKII office; repatriation of 21 tupuna and concerns about the deforestation of marginal land which resulted in this devastating impact on the hapu.

10.2.    Kahungunu Executive taiwhenua - Kanuka trees at Ruataniwha marae being poisoned and burnt without consent.

10.3.    Tamatea taiwhenua - two Tamatea candidates for elections to the NKII board.

10.4.    Te Whanganui-a-Orotū Taiwhenua - currently in process of reviewing sections 5 and 6 of the RMA to protect cultural values and will be making recommendations with regards to the development of the Central Government review.

10.5.    Heretaunga Taiwhenua - resource consent application process for some applications requiring early taiwhenua input /intervention to work through complex issues; issues with Regional Council Gravel extraction resource consent application for Ngaruroro, Tukituki and Tutaekuri catchments.

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 for information only, the decision making provisions do not apply.

 

Recommendation

That the Hawke’s Bay Regional Council receives and notes the “Report from 9 April 2019 Māori Committee Meeting”.

 

Authored by:

Annelie Roets

Governance Administration Assistant

 

Approved by:

Pieri  Munro

Te Pou Whakarae

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

Subject: Report from the 10 April 2019 Environment and Services Committee Meeting

 

Reason for Report

1.      The following matters were considered by the Environment and Services Committee at its meeting on 10 April 2019.

Agenda Items

2.      ANZ Sustainable Farming Presentation made by Mark Morice was a summary of an ANZ presentation given at a recent field day about Greenhouse Gas Reduction obligations and initiatives and the carbon market in New Zealand, with particular focus on implications for the farming sector.

3.      Future Farming Initiative Update provided the Committee with an update on achievements of the Group to date including setting up a Terms of Reference, establishing the Mission and Problem Statement, agreeing the Scope of Activities and agreeing the Timeline and Outcomes to be achieved to June 2019.

4.      Ngaruroro Water Conservation Order Application Update – Outlined recent process steps, with stage 2 hearings held in February-March, as well as the process working toward a final decision on whether or not the application is granted by the Minister for the Environment.

5.      Biodiversity Hawke’s Bay Update and Presentation – made by Charles Daugherty covered the planned HB Biodiversity Foundation activities to raise and secure funds needed to grow the level of biodiversity related activities in our region, for 2019 and beyond.

6.      Ecosystem Prioritisation presented an outline of the programme of work led by the Biosecurity/Biodiversity Team using Terrestrial Ecosystem mapping and Ecosystem Prioritisation to identify the sites where activities to halt biodiversity decline can be focussed.

7.      April 2019 Hotspots Update was focused on activities at Lake Tutira, including the pine forest harvest on the Tangoio Soil Conservation Estate, the development of a community led Integrated Catchment Mangement Plan and the voluntary process of landowners developing FEMPs for their properties.

8.      Taiao Mahinga Kai Protection – presented a summary of Council’s response to the 14 February eel kill incident, including investigations into best practice drain maintenance to develop a standard operating procedure (SOP) to protect the eels in the systems, with all wet drain maintenance halted until the SOP is agreed by the Task Team that has been established.

9.      Consented Discharges to the Marine Environment provided an overview of the principal wastewater discharge consents held for the Napier, Hastings and Wairoa municipal wastewater discharges and the PanPac timber and pulp mill discharge, including compliance with the conditions of those consents.

10.    Update on the Pan Pac Pipeline – advised that pipeline repairs had not been completed due to various delays.

11.    Presentation of the Outdoor Burning Tool – demonstrated the tool, which has been created to provide users with advice on whether meteorological conditions (from telemetered climate stations) are appropriate for outdoor burning.


Decision Making Process

12.    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.

 

Recommendations

That Hawke’s Bay Regional Council receives and notes the “Report from the 10 April 2019 Environment and Services Committee Meeting”.

 

Authored by:

Leeanne Hooper

Principal Advisor Governance

 

Approved by:

Chris  Dolley

Group Manager
Asset Management

Liz Lambert

Group Manager Regulation

Iain Maxwell

Group Manager Integrated Catchment Management

Tom Skerman

Group Manager
Strategic Planning

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

Subject: Discussion of Minor Items Not on the Agenda

 

Reason for Report

1.     This document has been prepared to assist Councillors note the Minor Items of Business Not on the Agenda to be discussed as determined earlier in Agenda Item 5.

 

Item

Topic

Raised by

1.    

 

 

2.    

 

 

3.    

 

 

4.    

 

 

5.    

 

 

 

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 01 May 2019

SUBJECT: CONFIRMATION OF PUBLIC EXCLUDED MINUTES OF THE REGIONAL COUNCIL MEETING HELD ON 27 mARCH 2019

That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 16 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

 

 

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

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

Nominations for Certificates of Appreciation

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.

2019-20 Annual Plan Communications Plan

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

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

Confirmation of Public Excluded Meeting held on 27 February 2019

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.

HBRIC Ltd Independent Director Remuneration

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.

 

 

 

Authored by:

Leeanne Hooper

Principal Advisor Governance

 

Approved by:

James Palmer

Chief Executive