Meeting of the Hawke's Bay Regional Council
Date: Wednesday 29 May 2019
Time: 9.00am
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 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
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.
That the Council receives and notes the “Follow-up Items from Previous Meetings” staff report.
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Authored by:
Leeanne Hooper Principal Advisor Governance |
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Approved by:
James Palmer Chief Executive |
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⇩1 |
Follow-ups for May 2019 Council meeting |
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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.
Topic |
Raised by |
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Leeanne Hooper PRINCIPAL ADVISOR GOVERNANCE |
James Palmer CHIEF EXECUTIVE |
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
NPSFM Plan Changes |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Strategic Planning |
Policy |
Progressing outstanding water bodies plan change (PC7) to notification |
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 |
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. |
New Initiatives (LTP) |
Project description |
Activity Status Update |
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Workstream |
Group/Team(s) |
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Erosion Control Scheme |
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. |
Hotspots |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Integrated Catchment Management |
Catchment management |
All |
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 |
Marine |
9. Contracts have been issued for Seafloor Mapping of the Clive Hard in June. |
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Marine and Coast |
Ahuriri |
10. Drone survey for Ficopomatus volume due to be delivered June. |
Asset management |
Engineering |
Tutira |
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 |
CHB Water |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Integrated Catchment Management |
Groundwater Science |
Ongaonga and Tikokino groundwater monitoring |
13. Data loggers and telemetry installation will be progressed for the new monitoring bores, to provide real-time data via internet |
Strategic Planning |
Policy |
Scoping potential for plan change to amend dates for minimum flows |
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. |
Ngaruroro River & Clive River Water Conservation Order (WCO) application |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Strategic Planning |
Policy |
Ngaruroro Water Conservation Order application- Special Tribunal proceedings |
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. |
Hawke’s Bay Drinking Water |
Project description |
Activity Status Update |
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Group/Section |
Team(s) |
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Office of CE & Chair |
Governance |
HB DW Governance Joint Committee |
17. Joint Committee meeting held 11 April, and next meeting scheduled 4 September. |
Significant Team Activities
Integrated Catchment Management Group |
Project description |
Activity Status Update |
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Section |
Team |
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Environmental Science |
All teams Air Quality |
Ahuriri Monitoring |
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. |
Environmental Science |
Land Science |
Soil Quality – orchards and vineyards |
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 |
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 |
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 |
SkyTEM preparation |
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 |
Data Management |
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 |
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 |
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. |
Biosecurity/ Biodiversity |
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Predator Free Hawkes Bay |
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 |
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 |
34. Continuing urban Woolly nightshade checks 35. Old man’s beard surveillance next to Kaweka ranges |
Biosecurity/ Biodiversity |
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Animal pests |
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. |
Catchment Management |
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 |
As above |
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Northern Team |
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 |
Regulation Group |
Project description |
Activity Status Update |
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Section |
Team(s) |
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Compliance |
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PanPac Outfall leak |
42. Repairs completed 16 May using a rigid pipe insert rather than the fibreglass patches and Swiss liner considered earlier. |
Consents |
Consents |
Large/ significant application Processes |
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. |
45. Following major consents on hold: ° HBRC gravel extraction Ngaruroro Tukituki, Waipawa and Tutaekuri. ° Landcorp and NCC consents for discharging stormwater and drainage water into the Ahuriri Estuary ° 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 |
Appeals/ Environment Court |
49. PanPac Environment Court hearing was held on 8 April. Awaiting decision |
Strategic Planning Group |
Project description |
Activity Status Update |
Section / Team(s) |
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Policy & Planning |
Statutory Advocacy |
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. |
Policy & Planning |
Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity |
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. |
Transport |
Public Transport
Regional Road Safety |
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. |
Asset Management Group |
Project description |
Activity Status Update |
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Section |
Team(s) |
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Regional Assets |
Engineering |
Northern |
55. Nuhaka River Road – river realignment –design completed and passed to contractor to price. |
Central |
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 |
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 |
Te Mata Park |
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 |
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 |
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 |
NZCT Priority Project Waimarama Road Safety Project |
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 |
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 |
67. Working with NZTA around solutions – NZTA funding plan for southern end. |
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Hawke’s Bay Regional Cycle Plan 2015 - Review |
68. Review had taken place and document is being drafted for review. |
Decision Making Process
2. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.
That the Hawke’s Bay Regional Council receives and notes the Significant HBRC Activities through June 2019 report. |
Authored by:
David Carruth Manager Regional Assets |
Peter Davis Manager Environmental Information |
Ceri Edmonds Manager Policy and Planning |
Nathan Heath Catchment Manager (Wairoa/Mohaka) |
Dr Andy Hicks Team Leader/Principal Scientist Water Quality and Ecology |
Dr Kathleen Kozyniak Principal Scientist (Air) |
Campbell Leckie Manager Catchment Services |
Anna Madarasz-Smith Team Leader/Principal Scientist Marine and Coast |
Brendan Powell Catchment Manager (Central) |
Anne Redgrave Transport Manager |
Dr Jeff Smith Team Leader/Principal Scientist – Hydrology/Hydrogeology |
Jolene Townshend Programme Manager ICM Group |
Approved by:
Chris Dolley Group Manager Asset Management |
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 |
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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.
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. |
Authored by:
Anne Redgrave Transport Manager |
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Approved by:
Tom Skerman Group Manager Strategic Planning |
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⇩1 |
Submissions on the Regional Public Transport Plan |
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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.
ID |
Name of outstanding water body |
Description |
Outstanding value(s) |
1 |
Boundary Stream, including Shine Falls |
TBC |
Cultural, spiritual |
2 |
Hautapu River |
TBC |
Cultural, spiritual |
3 |
Heretaunga Aquifer |
TBC |
Cultural, spiritual, geology |
4 |
Karamu River |
TBC |
Cultural, spiritual |
5 |
Kaweka and Ruahine Ranges wetlands |
TBC |
Cultural, spiritual |
6 |
Lake Rotoroa and Lake Rototuna (Kaweka Lakes) |
TBC |
Cultural, spiritual, native fish, native plants, natural character |
7 |
Lake Poukawa and Pekapeka Swamp |
TBC |
Cultural, spiritual, wildlife |
8 |
Lake Tūtira (including Aropaoanui River + Papakiri Stream) |
TBC |
Cultural, spiritual |
9 |
Lake Waikareiti |
TBC |
Cultural, spiritual |
10 |
Lake Waikaremoana |
TBC |
Cultural, spiritual, native plants, natural character, landscape & geology, recreation |
11 |
Lake Whakakī - Te Paeroa Lagoon - Wairau Lagoon and wetlands |
TBC |
Cultural, spiritual, wildlife |
12 |
Lake Whatumā |
TBC |
Cultural, spiritual, wildlife |
13 |
Makirikiri River |
TBC |
Cultural, spiritual |
14 |
Mangahouanga Stream |
TBC |
Cultural, spiritual, geology |
15 |
Maungawhio Lagoon, lower Kopuawhara River, Pukenui Dune Wetlands |
TBC |
Cultural, spiritual, wildlife |
16 |
Mohaka River (Lower - below Willowflat) |
TBC |
Cultural, spiritual, macroinvertebrates |
17 |
Mohaka River (Upper - above Willowflat) |
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.
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 |
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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.
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Seal No. |
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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
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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
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2 May 2019
2 May 2019
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2. The Common Seal is used twice during a Leasehold Land Sale, once on the Sale and Purchase Agreement and once on the Land Transfer document. More often than not, there is a delay between the second issue (Land Transfer document) of the Common Seal per property. This delay could result in the second issue of the Seal not appearing until the following month.
3. When reporting each month, it may appear there are more Common Seals issued than properties sold. This month shows the Common Seal being used 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.
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 |
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.
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 |
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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.
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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 |
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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 |
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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 |
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Approved by:
Rex Graham Chairman |
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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 |
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