Meeting of the Hawke's Bay Regional Council
Date: Wednesday 29 May 2019
Time: 9.00am
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Venue:
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Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
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Agenda
Item Subject Page
1. Welcome/Apologies/Notices
2. Conflict
of Interest Declarations
3. Confirmation of
Minutes of the Regional Council Meeting held on 1 May 2019
4. Follow-up Items
from Previous Regional Council Meetings 3
5. Call for Minor
Items of Business Not on the Agenda 15
6. Significant
Council Staff Activities through June 2019 17
Decision Items
7. Hearings and
Decision Making Processes for the Regional Public Transport Plan 25
8. Report and
Recommendations from the Regional Planning Committee 71
9. Affixing of Common
Seal 75
Information or Performance Monitoring
10. 11am
Presentation of Environmental Certificates of Appreciation to
Karituwhenua Strem Landcare Group and Jill Snelling
11. May 2019 Napier Port IPO
Transaction Project Update 77
12. Discussion of Minor Items Not
on the Agenda 79
Decision Items (Public Excluded)
13. Offer Design Detail 81
14. Initial Public Offering of
Minority Shareholding to Support Napier Port Capital Development 83
15. Majority Shareholder Director
Appointments to Port of Napier Board of Directors 85
16. Chief Executive Performance
and Remuneration Review 87
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 29 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.
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Recommendation
That the Council receives and notes the “Follow-up
Items from Previous Meetings” staff report.
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Authored by:
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Leeanne
Hooper
Principal Advisor Governance
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Approved by:
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James Palmer
Chief Executive
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Attachment/s
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⇩1
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Follow-ups
for May 2019 Council meeting
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Follow-ups
for May 2019 Council meeting
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Attachment 1
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Follow-ups
for May 2019 Council meeting
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Attachment 1
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Follow-ups
for May 2019 Council meeting
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Attachment 1
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Follow-ups
for May 2019 Council meeting
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Attachment 1
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Follow-ups
for May 2019 Council meeting
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Attachment 1
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HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 29 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 12.
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Leeanne Hooper
PRINCIPAL ADVISOR GOVERNANCE
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James Palmer
CHIEF EXECUTIVE
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HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 29 May 2019
SUBJECT: Significant Council Staff Activities through June
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
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NPSFM Plan Changes
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Project description
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Activity Status Update
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Group/Section
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Team(s)
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Strategic Planning
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Policy
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Progressing outstanding water bodies plan change (PC7)
to notification
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1. RPC 15
May meeting recommended the (Plan change) identification of outstanding
waterbodies in the region to 29 May Council.
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Progressing TANK plan change (PC9) to notification
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2. 15 May
RPC deferred this paper to the 3rd July RPC meeting. It was
agreed a focused workshop would be held in advance of the meeting.
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New Initiatives
(LTP)
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Project description
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Activity Status Update
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Workstream
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Group/Team(s)
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Erosion Control Scheme
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Integrated Catchment Management and Client Services
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3. With 49
applications being processed (total value approx $2.58M), 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 funded by central government. Recruitment of a project
coordinator will get underway.
5. 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.
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Hotspots
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Project description
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Activity Status Update
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Group/Section
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Team(s)
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Integrated Catchment Management
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Catchment management
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All
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6. Annual
plan for Freshwater improvement project milestone covering proposed works at
Tutira in the next financial year will be developed
7. Integrated
catchment management plan will be taken to the governance group for feedback.
8. We have
received consents for the proposed works associated with the Freshwater
Improvement Fund Project at Whakaki. The project application is currently
being revised and will be submitted to Ministry for the Environment shortly.
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Marine and Coast
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Marine
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9. Contracts
have been issued for Seafloor Mapping of the Clive Hard in June.
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Marine and Coast
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Ahuriri
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10. Drone
survey for Ficopomatus volume due to be delivered June.
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Asset management
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Engineering
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Tutira
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11. Bridge
and gauging structure for forestry road at Tutira design is completed and has
been passed to a contractor for pricing.
12. Tutira
Sediment Plan – Re-design in progress. Currently awaiting geotechnical
lab test results in order to finalize design. Anticipate design will be
completed in June
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CHB Water
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Project description
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Activity Status Update
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Group/Section
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Team(s)
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Integrated Catchment Management
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Groundwater Science
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Ongaonga and Tikokino groundwater monitoring
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13. Data
loggers and telemetry installation will be progressed for the new monitoring
bores, to provide real-time data via internet
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Strategic Planning
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Policy
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Scoping potential for plan change to amend dates for
minimum flows
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14. 17 April
Regional Planning Committee meeting made recommendation to Council to not
proceed with a limited plan change delaying implementation of new minimum
flows in Tukituki. Letters have been sent to consent holders and
interested parties to notify them of the RPC decision.
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Ngaruroro River
& Clive River Water Conservation Order (WCO) application
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Project description
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Activity Status Update
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Group/Section
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Team(s)
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Strategic Planning
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Policy
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Ngaruroro Water Conservation Order application- Special
Tribunal proceedings
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15. Stage 2
of the hearing closed 8 March 2019. The Applicants have submitted their
written closing statement.
16. Special
Tribunal is yet to confirm and announce its next procedural steps &
timings.
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Hawke’s Bay
Drinking Water
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Project description
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Activity Status Update
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Group/Section
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Team(s)
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Office of CE & Chair
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Governance
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HB DW Governance Joint Committee
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17. Joint
Committee meeting held 11 April, and next meeting scheduled 4 September.
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Significant Team Activities
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Integrated
Catchment Management Group
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Project
description
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Activity
Status Update
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Section
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Team
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Environmental Science
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All teams
Air Quality
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Ahuriri Monitoring
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18. PM10
filters from air quality monitoring in Breakwater Road, near Napier Port,
have been sent to GNS for analysis and the results are expected in
June. Continuous measurements of PM10, nitrogen oxides and
sulphur dioxide continues until the end of May.
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Environmental Science
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Land Science
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Soil Quality – orchards and vineyards
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19. Field
sampling of orchard and vineyard sites is underway, with field work to be
completed by the end of May. Data analysis will be underway in June
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Riparian Monitoring
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20. With
25% of sites being surveyed for our riparian monitoring programme, staff
will continue to process collected data and prepare for the next round of
field work in June
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Wetland Inventory
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21. Work
will continue on the wetland inventory during the month of June. We have
currently completed 50% of wetlands in the Porangahau and Southern Coast
catchments
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Hydrology/Hydrogeology
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SkyTEM preparation
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22. Logistics
planning and preparation for the SkyTEM survey is progressing. A
ground-based TEM trial was undertaken in the Heretaunga Plains during April
and a report is expected in June.
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Water quality and ecology
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Data Management
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23. A productive
SWIM meeting resulted in agreement to progress issues around ‘Citizen
Science’, ecosystem health monitoring and national ecological data
management using a shared KiEco platform.
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Collaborative Monitoring Partnerships
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24. Exploring
partnerships with community to collaborate on environmental monitoring
(Te Awahahaonu Forest Trust for their upcoming harvest programme in the
Mohaka catchment, and Ngati Pahauwera for Putere Lakes monitoring)
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Marine and Coast
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25. State
of the Environment Reporting
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Environmental Information
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26. Isco
sediment samplers will be installed at Tutaekuri at Puketapu and Esk at
Waipunga Bridge.
27. Esk at
Berry Rd flood warning site to be upgraded.
28. More
data to be bought up to NEMS standards.
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Biosecurity/ Biodiversity
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Predator Free Hawkes Bay
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29. Whakatipu
Mahia signup of landowners finalised
30. Work on
area 1A & 1B of Mahia Peninsula finalised
31. Discussion
with the Aotearoa Foundation about a potential ongoing partnership beyond
December 2019
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Biodiversity priority ecosystems
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32. Focusing on getting works completed on the ground at Ecosystem
Prioritisation sites, primarily fencing and weed control
33. Building partnerships in the marine biosecurity space and
writing contracts for the next financial year
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Plant pests
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34. Continuing
urban Woolly nightshade checks
35. Old
man’s beard surveillance next to Kaweka ranges
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Biosecurity/ Biodiversity
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Animal pests
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36. 2018-19 Monitoring will be completed by the end of June.
37. 2019-20 Monitoring is finalised with notification letters sent
out for a total of 81,000 and 1,444 monitoring lines.
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Catchment Management
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All
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38. Main
focus between now and the end of June is final logistical organization to
ensure plants are supplied to farmers to complete works over winter.
39. All
three teams are focused on finalizing orders of poles and native plants to
erodible and riparian areas for winter planting.
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Central
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As
above
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Northern Team
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40. We have
a new staff member replacing Erica Smith starting on 4 June – Abby
Miller. We will also be starting the recruitment process for 2 additional
staff members involved in the Hill Country Erosion Fund.
41. Staff
are preparing their annual Catchment Management updates for the E&S
Committee meeting
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Regulation Group
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Project description
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Activity Status Update
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Section
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Team(s)
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Compliance
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PanPac Outfall leak
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42. Repairs
completed 16 May using a rigid pipe insert rather than the fibreglass patches
and Swiss liner considered earlier.
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Consents
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Consents
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Large/ significant application Processes
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43. Te Mata
Mushrooms HDC related consents received 150 submissions. HBRC - HDC joint
hearing scheduled for 31 July – 2 August.
44. The
applications lodged with HBRC & CHBDC for mushroom composting on a Mt
Herbert Road Waipukurau site are on hold awaiting provision of more
information.
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45. Following major consents
on hold:
°
HBRC
gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri.
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Landcorp
and NCC consents for discharging stormwater and drainage water into the
Ahuriri Estuary
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Ruataniwha
Tranche 2
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46. Wairoa
District Council waste water discharge replacement consent application in
process. Information received from applicant in response to s.92 request now
being assessed.
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47. Takes
from the Heretaunga Plains unconfined aquifer (approx. 200 lodged)
expire 31 May and will be processed as a group, as requested by
applicants,
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48. 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).
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Consents
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Appeals/ Environment Court
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49. PanPac
Environment Court hearing was held on 8 April. Awaiting decision
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Strategic Planning
Group
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Project description
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Activity Status Update
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Section /
Team(s)
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Policy & Planning
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Statutory Advocacy
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50. 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.
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Policy & Planning
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Heretaunga Plains Urban Development Strategy & NPS
for Urban Development Capacity
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51. HPUDS
Implementation Working Group (IWG) meeting anticipated mid-2019, HDC
coordinating.
52. Quarterly
reporting on urban development metrics as required by the NPS for Urban
Development Capacity is ongoing.
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Transport
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Public Transport
Regional Road Safety
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53. The NZ
Transport Agency is holding a road show on 10 June to explain changes to the
National Land Transport Programme over the next two years. Elected members
have been invited, as well as senior staff.
54. All
councils in the region and NZTA will commence a joint transport study in
June, subject to final funding approval from the Agency. This study will
replace the Heretaunga Plains Transport Study 2012 and is intended to
evaluate the performance of the network in light of recent major
improvements ( e.g. Whakatu Arterial Link, Pakowhai-Links
Roundabout), and identify future pressures and required
improvements.
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Asset Management Group
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Project description
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Activity Status Update
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Section
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Team(s)
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Regional Assets
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Engineering
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Northern
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55. Nuhaka
River Road – river realignment –design completed and passed to
contractor to price.
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Central
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56. Awanui
Stopbank – planning and discussion for last portion – right bank.
57. Tutaekuri
Stopbank Extension – upstream of Puketapu. Private funding, HBRC
design and construction. Stopbank eventually to become part of HPFCS -
initial modelling completed.
58. Clive
Dredging – Channel survey completed. Channel Design in progress.
Consents planner to be engaged following completion of design. Various
contractors approach for Early contractor engagement, and Heron Construction
to provide early contractor involvement
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Southern
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59. Upper
Tukituki Scheme analysis of options for changes to rating system is currently
underway and a consultant has been engaged to work on this.
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Open Spaces
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Te Mata Park
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60. New
parcel of jacks land purchased by trust, open spaces team have offered our
assistance with planting plan, track design and fencing options for the new
parcel. Need to assess maintenance options with the trust.
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Hawea Historical Park / Karamu Stream Diversion
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61. Draft
park management plan prepared and under review. Management committee formed.
Work on the Koru wetland underway.
62. Trust
Deed lodged with Māori Land Court – hearing held on December 5.
Decision from court due in May.
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Waitangi Regional Park
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63. Waitangi
Regional Park Stage 2 – draft plan complete. Consultation with Atea a
Rangi Educational Trust and a heritage landscape consultant regarding William
Colenso history referencing complete.
64. Lower
Tūtaekurī Floodplain Wetland (funded by NKII/Port/Te Wai Maori
Fund/HBRC) earthworks complete. Site meeting with IPWEA held in 23 March
2019. Community planting day planned for 1st June 2019.
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Cycle Networks
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NZCT Priority Project Waimarama Road Safety
Project
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65. MBIE
approved funding, including addition of HDC section. Project plan is now to
complete safer off-road section between existing off-road sections parallel
to road, for trail users. Awaiting on HDC before proceeding. Extn of
agreement will be required.
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New Zealand Cycle Trail Business Case Hawke’s Bay
Trails 2018-2023
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66. Decision
approved by Minister of Tourism. Funding for $1.34m and to be matched by
local co-share to $2.68m for 3x new projects over next 5x years.
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NZCT Priority Project Ahuriri Underpass Flooding Safety
Issues
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67. Working
with NZTA around solutions – NZTA funding plan for southern end.
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Hawke’s Bay Regional Cycle Plan 2015 - Review
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68. Review
had taken place and document is being drafted for review.
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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.
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Recommendation
That the Hawke’s Bay Regional Council
receives and notes the Significant HBRC Activities through June 2019 report.
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Authored by:
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David Carruth
Manager Regional Assets
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Peter Davis
Manager Environmental Information
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Ceri Edmonds
Manager Policy and Planning
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Nathan Heath
Catchment Manager (Wairoa/Mohaka)
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Dr Andy Hicks
Team Leader/Principal Scientist Water
Quality and Ecology
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Dr Kathleen
Kozyniak
Principal Scientist (Air)
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Campbell
Leckie
Manager Catchment Services
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Anna
Madarasz-Smith
Team Leader/Principal Scientist Marine and
Coast
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Brendan
Powell
Catchment Manager (Central)
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Anne
Redgrave
Transport Manager
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Dr Jeff Smith
Team Leader/Principal Scientist –
Hydrology/Hydrogeology
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Jolene
Townshend
Programme Manager ICM Group
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Liz Lambert
Group Manager Regulation
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Joanne
Lawrence
Group Manager Office of the Chief Executive
and Chair
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Iain Maxwell
Group Manager Integrated Catchment
Management
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Tom Skerman
Group Manager Strategic Planning
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 29 May 2019
Subject: Hearings and Decision
Making Processes for the Regional Public Transport Plan
Reason
for Report
1. To outline the
process to be undertaken to hear and consider feedback received on the Regional
Public Transport Plan, and to seek the appointment of the
Hearing Panel to will hear the submissions.
Background
2. Submissions and feedback received during the consultation are
attached to this cover report to read in advance of the Hearing on 12 June
2019.
3. Council
approved the draft RPTP for public consultation on 27 February. The
consultation period opened on 5 April and closed on 6 May. All information
related to this consultation was available on the HBRC website and at all
Regional Council offices.
4. The
consultation was advertised through the following channels:
4.1. Public
notices in all regional newspapers
4.2. An email list
of approximately 250 organisations and individuals, including previous
submitters
4.3. Facebook and
website advertising
4.4. Posters
on all buses
4.5. Presentations
to all councils except Wairoa, which disseminated the draft plan through a
council agenda
4.6. A
presentation to the HBRC Māori Committee.
5. Thirty -five
submissions were received, with nine submitters wishing to be heard.
Hearing and Deliberation on Submissions
6. This item seeks
Council’s approval to delegate the responsibility for the hearing and
consideration of submissions to a panel comprising Crs Dick, Wilson and Bailey.
7. It is proposed
to hold hearings from 1pm on Wednesday 12 June. (A Council workshop on public
transport has been arranged for the morning of that day). An
officer’s report on submissions will be considered after the hearings
have concluded.
8. The Hearing
Panel’s recommendations will be brought to the June council meeting for
consideration and approval of the final RPTP.
Decision
Making Process
9. Council and its committees are 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:
9.1. The decision does not significantly alter the service provision or
affect a strategic asset.
9.2. The use of the special consultative procedure is not prescribed by
legislation.
9.3. The decision does not fall within the definition of Council’s
policy on significance.
9.4. The persons
affected by this decision are those with an interest in public transport in the
region.
9.5. The decision is not inconsistent with an existing policy or plan.
9.6. 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.
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Recommendations
That the Hawke’s Bay Regional Council:
1. Receives and notes the “Hearings and Decision Making
Processes for the Regional Public Transport Plan”
staff report
2. Receives
the written submissions on the draft
Regional Public Transport Plan
3. Appoints the Hearing Panel comprised of
Councillors Alan Dick, Fenton Wilson and Paul Bailey to hear and consider
submissions on 12 June 2019 and make recommendations on the final plan to the
Regional Council.
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Authored by:
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Anne
Redgrave
Transport Manager
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Approved by:
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Tom Skerman
Group Manager Strategic Planning
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Attachment/s
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⇩1
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Submissions
on the Regional Public Transport Plan
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Submissions
on the Regional Public Transport Plan
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Wednesday 29 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 15 May 2019, and are now presented to Council for
consideration and approval.
Agenda Items
2. Outstanding Water Bodies Plan Change – staff
presented this decision item to the Regional Planning Committee following a
workshop designed to enable discussion and deliberation in respect of the draft
list of water bodies that had been identified for inclusion in the draft
Outstanding Water Bodies plan change (PC7) and the values associated with them.
3. It was
highlighted to the Committee that to be identified as
‘Outstanding’, the water body must feature at least one outstanding
value. The water body may also feature other significant values which must be
protected to give effect to the NPSFM. The values which have been
identified as outstanding and giving effect to the NPSFM and consequently
considered within the plan change are:
3.1. Cultural and
spiritual
3.2. Ecology
3.3. Landscape
3.4. Natural
Character
3.5. Recreation,
and
3.6. Natural
Science Values
4. The Committee
agreed that the following 43 water bodies, or parts thereof, identified in the
table following, have outstanding value.
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ID
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Name of outstanding water body
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Description
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Outstanding value(s)
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1
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Boundary
Stream, including Shine Falls
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TBC
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Cultural, spiritual
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2
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Hautapu River
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TBC
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Cultural, spiritual
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3
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Heretaunga Aquifer
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TBC
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Cultural, spiritual, geology
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4
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Karamu River
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TBC
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Cultural, spiritual
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5
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Kaweka and Ruahine
Ranges wetlands
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TBC
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Cultural, spiritual
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6
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Lake Rotoroa and
Lake Rototuna (Kaweka Lakes)
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TBC
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Cultural, spiritual, native fish, native plants,
natural character
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7
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Lake Poukawa and
Pekapeka Swamp
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TBC
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Cultural, spiritual, wildlife
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8
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Lake Tūtira (including Aropaoanui River +
Papakiri Stream)
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TBC
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Cultural, spiritual
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9
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Lake Waikareiti
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TBC
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Cultural, spiritual
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10
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Lake Waikaremoana
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TBC
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Cultural, spiritual, native plants, natural character,
landscape & geology, recreation
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11
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Lake Whakakī -
Te Paeroa Lagoon - Wairau Lagoon and wetlands
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TBC
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Cultural, spiritual, wildlife
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12
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Lake Whatumā
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TBC
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Cultural, spiritual, wildlife
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13
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Makirikiri River
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TBC
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Cultural, spiritual
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14
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Mangahouanga Stream
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TBC
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Cultural, spiritual, geology
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15
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Maungawhio Lagoon, lower Kopuawhara River, Pukenui Dune
Wetlands
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TBC
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Cultural, spiritual, wildlife
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16
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Mohaka River (Lower
- below Willowflat)
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TBC
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Cultural, spiritual, macroinvertebrates
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17
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Mohaka River (Upper
- above Willowflat)
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TBC
|
Cultural, spiritual, macroinvertebrates, natural
character, landscape & geology, recreation
|
|
18
|
Morere Springs
|
TBC
|
Cultural, spiritual
|
|
19
|
Ngamatea East Swamp
|
TBC
|
Cultural, spiritual, native plants, natural character
|
|
20
|
Ngaruroro River (Lower) and Waitangi Estuary
|
TBC
|
Cultural, spiritual, wildlife, native fish, recreation
|
|
21
|
Ngaruroro River (Upper)
|
TBC
|
Cultural, spiritual, wildlife, native fish,
macroinvertebrates, natural character, landscape & geology, recreation
|
|
22
|
Nuhaka River
|
TBC
|
Cultural, spiritual
|
|
23
|
Opoutama Swamp
|
TBC
|
Cultural, spiritual
|
|
24
|
Porangahau Estuary
|
TBC
|
Cultural, spiritual, wildlife, native fish, native
plants, landscape & geology
|
|
25
|
Porangahau/Tāurekaitai River
|
TBC
|
Cultural, spiritual, wildlife
|
|
26
|
Putere Lakes
|
TBC
|
Cultural, spiritual
|
|
27
|
Ripia River
|
TBC
|
Cultural, spiritual
|
|
28
|
Ruakituri River
|
TBC
|
Cultural, spiritual, macroinvertebrates natural
character, landscape & geology, recreation
|
|
29
|
Ruataniwha Aquifer
|
TBC
|
Cultural, spiritual, geology
|
|
30
|
Tarawera Hot Springs
|
TBC
|
Cultural, spiritual
|
|
31
|
Taruarau River
|
TBC
|
Cultural, spiritual, macroinvertebrates, natural
character, landscape and geology, recreation
|
|
32
|
Te Hoe River
|
TBC
|
Cultural, spiritual, wildlife
|
|
33
|
Te Paerahi River
|
TBC
|
Cultural, spiritual
|
|
34
|
Te Whanganui a
Orotū (Ahuriri Estuary)
|
TBC
|
Cultural, spiritual, wildlife, native fish, landscape
and geology
|
|
35
|
Tukituki River and
Estuary
|
TBC
|
Cultural, spiritual, wildlife, landscape & geology
|
|
36
|
Tūtaekurī River
|
TBC
|
Cultural, spiritual, macroinvertebrates
|
|
37
|
Waiau River
|
TBC
|
Cultural, spiritual, wildlife
|
|
38
|
Waihua River
|
TBC
|
Cultural, spiritual
|
|
39
|
Waikaretaheke River
|
TBC
|
Cultural, spiritual
|
|
40
|
Waikoau River/
Aropaoanui River
|
TBC
|
Cultural, spiritual
|
|
41
|
Waipawa River
|
TBC
|
Cultural, spiritual
|
|
42
|
Waipunga River
|
TBC
|
Cultural, spiritual, macroinvertebrates
|
|
43
|
Wairoa River
|
TBC
|
Cultural, spiritual
|
5. The Committee
noted that for some of the 43 water bodies there was insufficient information
to identify the cultural and spiritual values. It was agreed that further
information would be sought from iwi authorities in respect of those water
bodies specifically, however to enable iwi to provide this information (should
they wish to do so) there was a commitment to make funding available. A
further resolution was added to address this.
6. The Committee resolved:
6.1 Receives and notes the report SD 19-18 Outstanding Water
Bodies Plan Change: Selecting a list of outstanding water bodies in
Hawke’s Bay (separately circulated).
6.2 Receives
and notes the report SD 19-19 Outstanding Water Bodies in Hawke’s Bay:
Report of the Expert Panel (April 2019) (separately circulated).
6.3 Notes
that Ngāti Pahauwera and Te Uru Taumatua o Tūhoe have elected not to
participate in the Outstanding Water Bodies process and consequently their
values for the waterways with which they are associated are not reflected in
Draft Plan Change 7
6.4 Agrees on a draft list of Outstanding Water Bodies for inclusion in
draft Plan Change 7 with the inclusion of the Ripia, Hautapu, Te Paerahi rivers.
6.5 Agrees that the Draft Proposed Plan Change 7 should be released for
pre-notification consultation.
6.6 directs staff to assist iwi authorities to provide information and
commit funding within budget for those iwi to undertake the analysis of information
gaps in cultural and spiritual values of the outstanding water bodies in Draft
Plan Change 7.
Recommends that
Hawke’s Bay Regional Council:
6.7 Releases Draft Outstanding Water Bodies Plan Change 7 for
pre-notification consultation with relevant Ministers of the Crown, local
authorities, iwi authorities and stakeholders in accordance with Schedule 1 of
the RMA.’
6.8 Provides for a period of four weeks for pre-notification
consultation with those parties identified in 2.1 above.
7. TANK Plan Change – Feedback and Recommendations Following Pre-Notification Consultation – staff provided this decision item to the
Regional Planning Committee with a summary of each of the responses received
from the pre-notification consultation. Staff also provided commentary
and recommendations in response to the feedback and highlighted the key areas
where further direction was sought.
8. The Committee
members considered that they were unable to make informed decisions on the
staff recommendations made, given the substantial detail presented in both the
TANK and Outstanding Water Bodies reports and the limited time available to
read and absorb the information. As a consequence the TANK item was discussed
only and decisions deferred to the 3 July 2019 RPC meeting with the Committee
resolving:
8.1. That the
matter lies on the table as deferred to the 3 July 2019 Regional Planning
Committee meeting.
9. It was agreed
that a workshop would be held in advance of the 3 July RPC meeting to enable
members to further understand the details of the recommendations before them;
focused on particular issues raised by members, rather than a full review of
the draft TANK plan. Members then took the opportunity to highlight areas where
they sought further information or clarification and on which the workshop will
focus.
10. Resource
Management Policy Project May 2019 Updates – this information item provided an outline
and update of the various resource management projects currently underway and
was taken as read by the meeting.
11. Statutory Advocacy
Update – this information item provided the proposals forwarded to the Regional Council and assessed by staff
acting under delegated authority as part of the Council’s Statutory
Advocacy project since the last update and was taken as read by the meeting.
Decision Making Process
12. These
items were specifically considered at the Committee level.
|
Recommendations
1. That Hawke’s Bay Regional Council receives and adopts
the Report and resolutions from the Regional Planning
Committee including the recommendations as follows.
2. The Regional Planning Committee recommends that the Hawke’s
Bay Regional Council:
2.1. 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.
Outstanding Water Bodies Plan Change
2.2. Releases Draft Outstanding Water Bodies Plan Change 7 for
pre-notification consultation with relevant Ministers of the Crown, local
authorities, iwi authorities and stakeholders in accordance with Schedule 1
of the RMA.
2.3. Provides for a period of four weeks for pre-notification
consultation with those parties identified in 2.1 above.
Reports
3. Notes that the following reports were provided to the Committee
3.1. Resource Management Policy Project May 2019 Updates
3.2. Statutory Advocacy May 2019 Update.
|
Authored by:
|
Ceri Edmonds
Manager Policy and Planning
|
Leeanne
Hooper
Principal Advisor Governance
|
Approved by:
|
Tom Skerman
Group Manager Strategic Planning
|
|
Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 29 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 80
DP 11780
CT C3/510
- Transfer
1.1.2 Lot 2
DP 14773
CT G3/1459
- Transfer
1.1.3 Lot 119
DP 11027
CT B3/448
- Agreement for Sale and
Purchase
1.1.4 Lots 2 & 3
DP 4318
CT 54/229
- Transfer
|
4316
4319
4320
4321
|
30 April 2019
6 May 2019
8 May 2019
8 May 2019
|
|
1.2
|
Staff
Warrants
1.2.1 R. Engelke
(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))
1.2.4 H. McCoskery
(Delegations
under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and
Clause 32B Schedule 7 of the Local Government Act 2002)
|
4318
4317
|
2 May 2019
2 May 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 X times, but only X
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. 1 cross lease
properties were sold, with 73 remaining on Council’s books
4.2. 0 single
leasehold property was sold, with 100 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 29 May 2019
Subject: May 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 “May 2019 Napier Port IPO Transaction Project
Update” staff report.
|
Authored by:
|
Jessica
Ellerm
Group Manager Corporate Services
|
Blair
O'Keeffe
HBRIC Ltd Chief Executive
|
Approved by:
|
James Palmer
Chief Executive
|
|
Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 29 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.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 29 May 2019
Subject: Offer Design Detail
That Council excludes the public
from this section of the meeting, being Agenda Item 13 Offer Design Detail 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
|
|
Offer Design Detail
|
7(2)s7(2)(b)(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 ensure a trade secret is not
disclosed.
7(2)s7(2)(b)(ii) That the public conduct of this agenda
item would be likely to result in the disclosure of information where the
withholding of that information is necessary to protect information which
otherwise would be likely unreasonably to prejudice the commercial position
of the person who supplied or who is the subject of the information.
7(2)s7(2)(g) 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 maintain legal professional
privilege.
7(2)s7(2)(i) That the public conduct of this agenda item
would be likely to result in the disclosure of information where the
withholding of the information is necessary to enable the local authority
holding the information to carry out, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations).
7(2)s7(2)(j) That the public conduct of this agenda item would
be likely to result in the disclosure of information where the withholding of
the information is necessary to prevent the disclosure or use of official
information for improper gain or improper advantage.
|
The Council is specified, in the First Schedule to this
Act, as a body to which the Act applies.
|
Authored by:
|
Jessica
Ellerm
Group Manager Corporate Services
|
Blair
O'Keeffe
HBRIC Ltd Chief Executive
|
Approved by:
|
James Palmer
Chief Executive
|
|
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 29 May 2019
Subject: Initial Public Offering
of Minority Shareholding to Support Napier Port Capital Development
That Council excludes the public
from this section of the meeting, being Agenda Item 14 Initial Public Offering
of Minority Shareholding to Support Napier Port Capital Development 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
|
|
Initial Public Offering of Minority Shareholding to
Support Napier Port Capital Development
|
7(2)(b)(ii) That the public conduct of this agenda item
would be likely to result in the disclosure of information where the
withholding of that information is necessary to protect information which
otherwise would be likely unreasonably to prejudice the commercial position
of the person who supplied or who is the subject of the information.
7(2)(e) 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 avoid prejudice to measures that prevent or
mitigate loss to members of the public.
7(2)(i) That the public conduct of this agenda item would
be likely to result in the disclosure of information where the withholding of
the information is necessary to enable the local authority holding the
information to carry out, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations).
7(2)(j) That the public conduct of this agenda item would
be likely to result in the disclosure of information where the withholding of
the information is necessary to prevent the disclosure or use of official
information for improper gain or improper advantage.
|
The Council is specified, in the First Schedule to this
Act, as a body to which the Act applies.
|
Authored by:
|
Jessica
Ellerm
Group Manager Corporate Services
|
Blair
O'Keeffe
HBRIC Ltd Chief Executive
|
Approved by:
|
James Palmer
Chief Executive
|
|
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 29 May 2019
Subject: Majority Shareholder
Director Appointments to Port of Napier Board of Directors
That Council excludes the public
from this section of the meeting, being Agenda Item 15 Majority Shareholder
Director Appointments to Port of Napier Board of Directors 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
|
|
Majority Shareholder Director Appointments to Port of
Napier Board of Directors
|
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:
|
James Palmer
Chief Executive
|
|
Approved by:
HAWKE’S BAY REGIONAL
COUNCIL
Wednesday 29 May 2019
Subject: Chief
Executive Performance and Remuneration Review
That Council excludes the public
from this section of the meeting, being Agenda Item 16 Chief Executive
Performance and Remuneration Review 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
|
|
Chief Executive Performance and Remuneration Review
|
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 and
Approved by:
|
James Palmer
Chief Executive
|
|
