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

 


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.

 

Recommendation

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

 

 

Authored by:

Leeanne Hooper

Principal Advisor Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

1

Follow-ups for May 2019 Council meeting

 

 

  


Follow-ups for May 2019 Council meeting

Attachment 1

 


Follow-ups for May 2019 Council meeting

Attachment 1

 




Follow-ups for May 2019 Council meeting

Attachment 1

 


Follow-ups for May 2019 Council meeting

Attachment 1

 


Follow-ups for May 2019 Council meeting

Attachment 1

 





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.

Topic

Raised by

 

 

 

 

 

 

 

 

Leeanne Hooper

PRINCIPAL ADVISOR GOVERNANCE

James Palmer

CHIEF EXECUTIVE

 


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

NPSFM Plan Changes

Project description

Activity Status Update

Group/Section

Team(s)

Strategic Planning

Policy

Progressing outstanding water bodies plan change (PC7) to notification

1.   RPC 15 May meeting recommended the (Plan change) identification of outstanding waterbodies in the region to 29 May Council.

 

 

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

Workstream

Group/Team(s)

Erosion Control Scheme

Integrated Catchment Management and Client Services

 

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

Group/Section

Team(s)

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.

 

Marine and Coast

Marine

9.   Contracts have been issued for Seafloor Mapping of the Clive Hard in June.

 

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

Group/Section

Team(s)

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

Group/Section

Team(s)

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

Group/Section

Team(s)

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

Section

Team

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

 

 

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

 

 

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

 

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.

 

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.

 

 

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)

 

Marine and Coast

 

25. State of the Environment Reporting

Environmental Information

 

 

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

 

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

 

 

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

 

 

Plant pests

34. Continuing urban Woolly nightshade checks

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

Biosecurity/ Biodiversity

 

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

 

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.

 

 

Central

As above

 

 

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

Section

Team(s)

Compliance

 

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

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.

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,

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).

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)

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

Section

Team(s)

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

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.

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.

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. 

 

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.

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.

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.

NZCT Priority Project Ahuriri Underpass Flooding Safety Issues

67. Working with NZTA around solutions – NZTA funding plan for southern end.

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.

 

Recommendation

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

 

 

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.

 

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.

 

Authored by:

Anne  Redgrave

Transport Manager

 

Approved by:

Tom Skerman

Group Manager Strategic Planning

 

 

Attachment/s

1

Submissions on the Regional Public Transport Plan

 

 

  


Submissions on the Regional Public Transport Plan

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.

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 Updatesthis 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.

 

Topic

Raised by

 

 

 

 

 

 

 

 

 

 

 

  


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:

Rex Graham

Chairman

 

  


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