Agenda of Regional Council Meeting

	Agenda Item	Action	Responsible	Status Comment
1	Follow-ups from previous meetings	Provide the date of commencement of Pan Pac discharge pipe replacement works when available	L Lambert	Information not yet available.
2	Significant staff activities	Provide timeframes around the s92 request and notification of the WDC wastewater consent	M Miller	Information expected to be provided week of 24 June
3	Significant staff activities	Te Angiangi marine reserve – who (DoC, MPI, HBRC, etc) has responsibility for protection of the estuary and adjacent land	D Evans	DOC is responsible for the implementation, management and monitoring of New Zealand's 44 marine reserves.

Followups ffrom Previous Regional Council meetings

Attachment 1

LGOIMA Requests Received between 23 May and 20 June 2019

Request Date	Request ID	Request Status	Request Subject	Request Summary
18/06/2019	OIR-19-032	Completed	diversity	info to be provided within a Google Form linked to the email request
			response	HR Manager provided info including: - Gender make-up of all staff, senior management staff - Ethnicity of all staff, senior management staff - Plans to encourage diversity
13/06/2019	OIR-19-031	Completed	Stakeholder Strategies Ltd	All payments since October 2017 to David Cunliffe & associated businesses incl Titirangi Strategy Consulting Ltd & Stakeholder Strategies Ltd incl what each payment was for
			response	HBRC has made no payments to any of the entities
12/06/2019	OIR-19-030	Active	Nitrogen and Phosphorous data from FEMPs	Nitrogen and Phosphorus run off amounts captured via FEMPs across each of the resource consents
11/06/2019	OIR-19-029	Active	Puketapu Road property	- all correspondence in relation to the property, since October 2018
30/05/2019	OIR-19-028	Active	CHB water usage	1 Total water use over time for CHB for the past 5 years. 2 Water use by type for CHB for the past 5 years 3 # of live consents for micro-irrigation (dams) 4 # of consents granted for dams over the past 5 years 5 How process for dam consents has changed 6 if a farmer has a water take consent & never uses the full amount can they transfer the “surplus” to another farmer? Does HBRC make contact with farmers that underutilise their allocation with the aim of freeing up water for other users?
28/05/2019	OIR-19-027	Completed	Concurrent Ngaruroro Gaugings	The 107 Concurrent Ngaruroro Gaugings as per Heretaunga Gains/Loss Report by Thomas Wilding
			response	Provided the data requested

Request Date

Request ID

Request Status

Request Subject

Request Summary

27/05/2019

OIR-19-026

Completed

CE salary

salary of your CE for the 2017-18 and 2018-19 years

Response via email 28 May 2019

Good afternoon,

This email is acknowledgement that HBRC has received your LGOIMA request dated 27 May 2019, and Council’s response is as follows.

1. I am requesting the precise salary of your CE for the 2017/ 18 financial year. The CE’s salary for the 2017-18 financial year is available in the Annual Report, found here https://www.hbrc.govt.nz/assets/Document-Library/Reports/Annual-Reports/Annual-Report-2017-2018/2017-18-Annual-Report-for-Adoption-24-October-2018.pdf

2. I am requesting the precise salary of your CE for the current (2018/ 19) financial year. As you are aware, the 2018-19 financial year is not complete and therefore Council does not yet hold this information. Once the HBRC Annual Report has been adopted and released it will include the CE’s salary and be publicly available on Council’s website, here https://www.hbrc.govt.nz/documents-and-forms/annual-reports/

Regards

Responses to requests Not Provided in 29 May report

Request Date	Request ID	Request Status	Request Subject	Request Summary
21/05/2019	OIR-19-025	Active	WDC wastewater discharge	1. Is it HBRC’s view that consent conditions are being met now? 2. all correspondence between WDC& HBRC+ third parties re clearing of the discharge pipe
			Response via email 7 June 2019	Good afternoon, Please find attached, information provided in response to your LGOIMA request dated 21 May. There are two emails in response to your request for “all correspondence between WDC & HBRC + third parties re clearing of the discharge pipe”, and the Annual compliance report answers your question of whether Council considers WDC to be compliant with their consent conditions. Regards
9/05/2019	OIR-19-024	Active	shooting ranges	1. # of firing ranges in Region with indoor & outdoor? 2. # of solely indoor firing ranges in region? 3. # of solely outdoor firing ranges in region? 4. How often are the firing ranges inspected by HBRC officers &/or Police? 5. What is your HBRC’s regime for assessing exposure to lead at firing ranges? 6. Does HBRC require measures at firing ranges to mitigate the effects of lead exposure? What are they & how are they reported & enforced by HBRC? 7. What is the protocol for Council inspection of firing ranges, e.g, is there a checklist or similar? If so, please supply. 8. supply copies of all reports relating to firearms and firing ranges by or for HBRC over the last 3 years.
			Response via email 4 June 2019	Among your questions you asked does your Council require measures at firing ranges to mitigate the effects of lead exposure? What are these measures and how are they reported by the range and enforced by the Council? The Regional does not have any specific rules addressing firing ranges. No resource consents are issued for this type of activity. We do maintain a register of contaminated sites HAIL) and there are seven rifle ranges included on that list.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 2019

SUBJECT: Significant Council Staff Activities through July 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)	Project description	Activity Status Update
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 3^rd July RPC meeting. It was agreed a focused workshop would be held in advance of the meeting. Workshop to be held 2^nd July.

New Initiatives (LTP)	Project description	Activity Status Update
Erosion Control Scheme	Integrated Catchment Management and Client Services		3. With 64 applications being processed, 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.

New Initiatives (LTP)

Project description

Activity Status Update

Workstream

Group/Team(s)

Erosion Control Scheme

Integrated Catchment Management and Client Services

3. With 64 applications being processed, 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.

Hotspots		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
Integrated Catchment Management	Catchment management	All	5. Integrated catchment management plan summary document will be signed off by the governance group to be taken to the community for feedback.
	WQE/Assets/Catchment Management	Whakaki	6. Deed for the project with MfE signed on 18 June 2019. This is the culmination of a significant body of work for staff in getting the project to this stage. 7. A Cultural Impact Assessment is being developed to identify issues of cultural significance around the proposed project area. 8. Designing mesocosm experiment to see if aquatic plants grow back when lake water becomes clearer, with construction by spring 9. Designs for recirculating wetland on Te Rito block 10. Final designs for weir structure, aiming for construction before summer 2019-20
Asset management	Engineering Env Science	Tutira	11. Bridge and gauging structure - Design completed. Price agreed with preferred contractor and contract drafted for sign off. Provisional start date of 15 July 2019 agreed for commencement of construction. 12. Tutira Sediment Plan – Geotechnical Lab tests received. Detailed design report covering geotechnical, hydrological and hydraulic analysis due in on 21^st June for review by Engineering team. 13. Completing the assessment of Environmental Effects for Southern Outlet

CHB Water		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
Integrated Catchment Management	Groundwater Science	Ruataniwha groundwater modelling	14. Irrigation demand and recharge modelling is near completion. This is required for input to the suite of Ruataniwha groundwater models that will be developed to investigate potential solutions to freshwater issues in the Ruataniwha Basin. Request for Proposals will be issued in July, to identify a service provider to develop the groundwater models.
Strategic Planning	Policy	Scoping potential for plan change to amend dates for minimum flows	15. 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
Strategic Planning	Policy	Ngaruroro Water Conservation Order application- Special Tribunal proceedings	16. Stage 2 of the hearing closed 8 March 2019. The Applicants have submitted their written closing statement. 17. Special Tribunal is yet to confirm and announce its next procedural steps & timings.

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

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

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

Hawke’s Bay Drinking Water	Project description	Activity Status Update
Office of CE & Chair	Governance	HB DW Governance Joint Committee	18. Joint Committee 11 April minutes circulated and next meeting is scheduled 4 September 19. To circulate the Terms of Reference to clarify the Joint Committee’s purpose and functions

Hawke’s Bay Drinking Water

Project description

Activity Status Update

Group/Section

Team(s)

Office of CE & Chair

Governance

HB DW Governance Joint Committee

18. Joint Committee 11 April minutes circulated and next meeting is scheduled 4 September

19. To circulate the Terms of Reference to clarify the Joint Committee’s purpose and functions

Significant Team Activities

Integrated Catchment Management Group		Project description	Activity Status Update
Section	Team	Project description	Activity Status Update
Environmental Science	Air Quality	Ahuriri Monitoring	20. Results of air quality monitoring at Breakwater Road, near Napier Port, are expected to be available at the end of June. The monitoring includes PM₁₀, SO₂ and NO₂.
	Land Science		21. Contract for regional lidar to be submitted for tender.
		Riparian Monitoring	22. 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	23. Completion of work on the wetland inventory during the month of July. New database identifying location and types of wetland across the region available to whole of council.
	Hydrology/Hydrogeology	SkyTEM preparation	24. A workshop is planned for July, to plan and prepare for the larger SkyTEM project that is enabled by Provincial Growth Fund support.
		Groundwater monitoring network review	25. A project to review the groundwater monitoring network will be initiated in July. It has been seven years since a groundwater monitoring strategy was published. A monitoring network review is timely because, since the last review, there have been significant changes to the network and drivers for monitoring.
	Water quality and ecology	TANK	26. Completing WQE objectives and limits report for plan change
		Riparian shade	27. Riparian planting brochure being updated with DairyNZ to incorporate guidance around shading, not just overland flow.
		Collaborative Monitoring Partnerships	28. Community monitoring workshop for Putere Lakes monitoring in July
		Tukituki	29. Water quality sub-catchment summaries for Papanui and Tukipo
		General	30. 6 x SOE WQE technical reports to write by September 30^th.
Environmental Information			31. Isco sediment samplers to be installed at Ngaruruoro River at Fernhill Bridge. 32. Camera’s to be added for data communications at Marumaru and Waipunga Bridge. 33. NEM’s standards to be applied from 1 July. 34. KiEko Ecological database purchased and implemented.

Integrated Catchment Management Group		Project description	Activity Status Update
Section	Team	Project description	Activity Status Update
Biosecurity/ Biodiversity		Predator Free Hawkes Bay	35. Whakatipu Mahia signup of landowners continues 36. Work on area 1A & 1B of Mahia Peninsula continues
		Biodiversity priority ecosystems	37. Assessing proposed Ecosystem Prioritisation sites for the financial year; 38. Running a marine pest workshop in partnership with NIWA and MPI 39. Presenting to Wairoa District Council on the Ecosystem Prioritisation programme 40. Supporting the National Young Farmer of the Year championship in Hawke’s Bay with a Pest Animal and Pest Plant module
		Plant pests	41. Start Apple of Sodom surveillance and control programme 42. Start planning for this coming season by contacting landowners, key stakeholders and contractors for upcoming control programmes 43. Ensure Privet list complainants are all signed up.
		Animal pests	44. 2019-2020 financial year pest contracts are out for contractors to tender on
Catchment Management	All		45. Main focus between now and the end of July is final logistical organization to ensure plants are supplied to farmers to complete works over winter. 46. All three teams are focused on finalizing deliveries of poles and native plants to erodible and riparian areas for winter planting.
		Central	As above
		Northern Team	47. We are starting the process of recruiting staff for the implementation of the Hill Country Erosion Fund project. This will include a project manager and 2 catchment advisors (1 in Wairoa & 1 in Gisborne). 48. A small team comprising of tangata whenua, Wairoa District Council, HBRC and local landholders are convening to discuss options for holding a Awa symposium in Wairoa towards the end of this year. 49. 5,500 ha of farmland within and surrounding the Whakaki catchment have now had a farm plan prepared for them as part of the PGF Whakaki Pilot Project – Phase 2 of this work will examine the cost of and options for managing the erosion risk in the area.

Regulation Group		Project description	Activity Status Update
Section	Team(s)	Project description	Activity Status Update
Compliance		PanPac Outfall leak	50. 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	51. Te Mata Mushrooms HDC related consents received 150 submissions. HBRC - HDC joint hearing scheduled for 31 July – 2 August. 52. The applications lodged with HBRC & CHBDC for mushroom composting on a Mt Herbert Road Waipukurau site are on hold awaiting provision of more information.
			53. 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
			54. Wairoa District Council waste water discharge replacement consent application in process. Information received from applicant in response to s.92 request now being assessed.
			55. Takes from the Heretaunga Plains unconfined aquifer (approx. 200 lodged) expire 31 May and will be processed as a group, as requested by applicants,
			56. 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	57. PanPac Environment Court hearing was held on 8 April. Awaiting decision

Strategic Planning Group	Project description	Activity Status Update
Section / Team(s)	Project description	Activity Status Update
Policy & Planning	Statutory Advocacy	58. An Update on Central Government Policy Announcements was provided to the E&S Committee on the 19 June. Staff to prepare further advice on upcoming proposals from Central Government including Essential Freshwater as and when they arise. 59. An update was provided on the Zero Carbon Amendment Bill to the E&S Committee on 19 June. Bill is now in Select Committee process (an overview of the Bill was provided).
Policy & Planning	Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity	60. HPUDS Implementation Working Group (IWG) meeting anticipated mid-2019, HDC coordinating. 61. Quarterly reporting on urban development metrics as required by the NPS for Urban Development Capacity is ongoing.
Transport	Transport Planning Public Transport	62. Awaiting funding approval for the Hawke’s Bay Transport Study. As soon as this is received, procurement processes will commence. Governance and technical support arrangements have been confirmed by the Regional Transport Committee. 63. Implementation of actions arising from the Regional Public Transport Plan will commence in July. Assessing transport needs and solutions for Central Hawke’s Bay and resolving commuter bus issues Napier-Hastings will be the first priorities.

Asset Management Group		Project description	Activity Status Update
Section	Team(s)	Project description	Activity Status Update
Regional Assets	Engineering	Northern	64. Nuhaka River Road – river realignment –design completed, contractor engaged and and start date of November agreed, subject to suitable ground conditions.
		Central	65. Awanui Stopbank – planning and discussion for last portion – right bank. 66. Tutaekuri Stopbank Extension – upstream of Puketapu. Private funding, HBRC design and construction. Stopbank eventually to become part of HPFCS - initial modelling completed. 67. Clive Dredging – Channel survey completed. Channel Design completed. Consents planner engaged. Working through land/sea discharge options in unison with science team, consents planner and Heron Construction (our ECI). Risk workshop held on 17 June and this live document is now sitting on the Project Sharepoint.
		Southern	68. Upper Tukituki Scheme analysis of options for changes to rating system is currently underway and a consultant has been engaged to work on this.
	Schemes	Gravel Management	69. New proposed Maraekakaho River Access – consent submitted to HDC. 70. Global consent for gravel extraction drafted and in consultation phase.
	Schemes	Drainage	71. Eel management review and new COP drafted with interagency taskforce working group.
	Open Spaces	Te Mata Park	72. New parcel of Jacks land purchased by Trust, open spaces team offering assistance with a planting plan, track design and fencing options for the new parcel. Maintenance of the new Jack’s Land parcel to be assessed with the Trust. HBRC Works Group staff delivering 4 days a week service to the Trust.
		Hawea Historical Park / Karamu Stream Diversion	73. Draft park management plan prepared and under review. Management committee formed. Work on the Koru wetland complete with planting to occur in August. Car park and track to summit of the mound to be completed in winter 2019. 74. Trust Deed lodged with Māori Land Court – hearing held on December 5. Decision from court remains outstanding.
		Waitangi Regional Park	75. 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. Week long Matariki Celebration from 20-25 June. 76. Lower Tūtaekurī Floodplain Wetland (funded by NKII/Port/Te Wai Maori Fund/HBRC) earthworks complete. Community planting day on 1^st June 2019 attended by approximately 200 volunteers.
		NZCT Priority Project Waimarama Road Safety Project	77. 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.
	Cycle Networks	New Zealand Cycle Trail Business Case Hawke’s Bay Trails 2018-2023	78. 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	79. Working with NZTA around solutions – NZTA funding plan for southern end.
		Hawke’s Bay Regional Cycle Plan 2015 - Review	80. Review has 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 July 2019 report.

Authored by:

David Carruth

Manager Regional Assets

Peter Davis

Manager Environmental Information

Ceri Edmonds

Manager Policy and Planning

Dean Evans

Catchment Manager Tukituki/Southern Coasts

Dr Jeff Smith

Team Leader/Principal Scientist – Hydrology/Hydrogeology

Keiko Hashiba

Terrestrial Ecologist

Mark Heaney

Manager Client Services

Nathan Heath

Catchment Manager (Wairoa/Mohaka)

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Leeanne Hooper

Principal Advisor Governance

Campbell Leckie

Manager Catchment Services

Dr Kathleen Kozyniak

Principal Scientist (Air)

Mark Mitchell

Team Leader/Principal Advisor, Biosecurity/Biodiversity

Dr Barry Lynch

Team Leader/Principal Scientist (Land Science)

Anne Redgrave

Transport Manager

Malcolm Miller

Manager Consents

Jolene Townshend

Programme Manager ICM Group

Approved by:

Liz Lambert

Group Manager Regulation

Iain Maxwell

Group Manager Integrated Catchment Management

Chris Dolley

Group Manager Asset Management

Tom Skerman

Group Manager Strategic Planning

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 26 June 2019

Subject: Report and Recommendations from the Corporate and Strategic Committee

Reason for Report

1. The following matters were considered by the Corporate and Strategic Committee meeting on 5 June 2019 and the recommendations agreed are now presented for Council’s consideration alongside any additional commentary the Chair, Councillor Neil Kirton, wishes to offer.

Reports Received

2. The HB Tourism Funding Review and Organisational Updates item provided the Committee with an update on the funding review under way, the quarterly report on the organisation’s activities presented by Acting General Manager Hamish Saxon and a set of proposed Key Performance Indicators. Discussions about the proposed KPIs focussed on making performance measures meaningful, with suggestions to introduce KPIs to measure increases in membership and development of a carbon reduction strategy for example. After much discussion, it was agreed that the Regional Council’s agreed expectations and strategy need to be clear before HB Tourism can set clear, appropriate KPIs, and the Committee resolved the recommendation for Council to:

2.1. Adopt the Key Performance Indicators proposed, subject to the Hawke’s Bay Tourism Board of Directors ratifying them, and incorporating any amendments agreed by the Committee today.

3. The Treasury Report was an update on investment performance, borrowing and debt funding, including presentations by both of Council’s investment management providers, Mercer and First NZ Capital.

4. The Business HB Update provided an opportunity for BHB to present to the Committee on its activities and initiatives in its focus areas of “Attract, Build, Connect” businesses across the region, as well as discuss the development of a single ‘level of service’ agreement with all councils in Hawke’s Bay.

5. The Report and Recommendations from the Finance Audit and Risk Sub-Committee covered the considerations and recommendations made by the Sub-committee at its meeting on 22 May, particularly in relation to updated Procurement documents and proposed changes to the dates that rates invoices are issued and due. The Committee carried the Sub-committee’s recommendations as proposed, being further recommendations to Council to:

5.1. Approve the proposed rates issue, due and penalty dates following, for implementation 1 July 2020.

5.1.1. Invoices sent out – early to mid-August

5.1.2. Rate assessment/invoice date – 20 September

5.1.3. Payment due date – 20 September

5.1.4. Penalty date – 21 September.

5.2. Agrees support for the Hawke’s Bay Regional Council Procurement Policy May 2019 and Procurement Manual as revised, including that Policy 5.9 is amended to read “HBRC will give preference to suppliers who have adopted the living wage and will consider this as part of the procurement evaluation process”.

6. The Committee also resolved to:

6.1. Take note of the agreed 2019-20 schedule of Internal Audits within associated budget allocations, being:

6.1.1. IT Security

6.1.2. Data Analytics

6.1.3. Risk Management

6.1.4. Asset Management

6.1.5. Water Management follow-up.

6.2. Consider the addition of a statement in the Procurement Policy that “Council gives preference to suppliers who pay employees the Living Wage”

6.3. If the inclusion of a weighting for payment of the Living Wage in a contract decision is to be considered, that the decision will be determined based on the type and value of the contract, and should also weigh up other best business practices.

6.4. Agree support for the proposed Hawke’s Bay Regional Council Procurement Policy May 2019 and Procurement Manual as revised to reflect the feedback provided by FARS.

7. The HBRC 2019-20 Annual Plan item was presented the Committee in four parts, being:

7.1. The draft Annual Plan document for feedback in addition to that received from the FARS meeting on 22 May

7.2. A 2 page spread to be published on 6 June, informing the community of key highlights of the Plan

7.3. Rates and Rating Differentials confirming that the forecast average rate increase of 7.9% as forecast from year 2 of the Long Term Plan has not changed and a copy of the letter sent out to all commercial entities informing them of the change in allocation of the Economic Development rate

7.4. Carry Forward of Expenditure and Revenue from 2018-19 to 2019-20 for agreement by the Committee and recommendation to Council.

8. The Committee resolved to:

8.1. Receive and note the two page public notice informing the community of key highlights of the 2019-20 Annual Plan included in the staff report.

8.2. Receive and note the 2019-20 Annual Plan Carry Forward Budget Considerations included in the staff report.

8.3. Recommend that Hawke’s Bay Regional Council “Adopts the 2019-20 Annual Plan, incorporating amendments and carry forwards agreed at today’s meeting, in accordance with Section 95 and Section 82(A)(3) of the Local Government Act 2002.”

9. The Organisational Performance Report for Period 1 February to 30 April 2019 was taken as read by the Committee, with a suggestion made that a report using the same template be developed to report on Council’s environmental activities, e.g. kilometres of riparian strips planted or fenced, number of plants planted for soil conservation, etc.

10. Strategic Plan Implementation – presented a Strategic Snapshot diagram providing an overall view of the major activities and projects across the organisation to deliver Council’s strategic goals. The snapshot was well received and thought to be given to how it can be shared with the public to assist with understanding what it is Council does and is achieving.

Decision Making Process

11. These items were specifically considered by the Corporate and Strategic Committee on 5 June 2019 and are now the subject of the following recommendations to Council.

Recommendations

The Corporate and Strategic Committee recommends that Hawke’s Bay Regional Council:

1. Receives and notes the “Report and Recommendations from the Corporate and Strategic Committee”

2. 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 these matters without conferring directly with the community.

HB Tourism Funding Review and Organisational Updates

3. Adopts the Key Performance Indicators proposed, subject to the Hawke’s Bay Tourism Board of Directors ratifying them, and incorporating any amendments agreed by the Committee on 5 June 2019.

Report and Recommendations from the Finance Audit and Risk Sub-Committee

4. Agrees support for the Hawke’s Bay Regional Council Procurement Policy May 2019 and Procurement Manual as revised, including that Policy 5.9 is amended to read “HBRC will give preference to suppliers who have adopted the living wage and will consider this as part of the procurement evaluation process”.

Rating Invoice – Proposed Issue, Due and Penalty Date Changes

5. Approves the proposed rates issue, due and penalty dates following, for implementation 1 July 2020.

5.1. Invoices sent out – early to mid-August

5.2. Rate assessment/invoice date – 20 September

5.3. Payment due date – 20 September

5.4. Penalty date – 21 September.

Annual Plan

6. Adopts the 2019-20 Annual Plan, incorporating amendments and carry forwards agreed at the 5 June Corporate and Strategic Committee meeting, in accordance with Section 95 and Section 82(A)(3) of the Local Government Act 2002.

Reports Received

7. Notes that the following reports were provided to the Corporate and Strategic Committee

7.1. Treasury Report

7.2. Business Hawke’s Bay Update

7.3. Organisational Performance Report for Period 1 February to 30 April

7.4. Strategic Plan Implementation.

Authored by:

Leeanne Hooper

Principal Advisor Governance

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 2019

Subject: 2019-20 Annual Plan Adoption

Reason for Report

1. This item provides the means for Council to adopt its 2019-20 Annual Plan.

Background

2. The 2019-20 Annual Plan, which corresponds to year 2 of the Long Term Plan (LTP), was presented to the Finance Audit and Risk sub-Committee on 22 May, and the Corporate and Strategic Committee on 5 June 2019. Feedback from both of those meetings has been incorporated into the final version attached and recommended for Council adoption.

3. An analysis of this Annual Plan confirmed the planned average rate increase of 7.9% for the 2019-20 year, as consulted on last year in the Council’s 2018-28 Long Term Plan. Nearly half of this year's 7.9% rate increase (3.7%) will fund the Regional Council's stronger focus on regulation.

4. As Council agreed to a no consultation approach due to no material or significant variations to what was forecast in year 2 of the Long Term Plan (LTP), and the forecasted average rates increase of 7.9% has not changed, a series of communications has kept our public / community informed:

4.1. Media Release 18 April 2019 advising on track with Annual Plan as per LTP

4.2. Media Release 06 June 2019 advising stronger environmental focus and recommendation from C&S Committee to adopt Annual Plan

4.3. Detailed two page spread of key highlights was published (through newspapers) from 06 June 2019 keeping the public informed of key highlights from Annual Plan 2019-20.

4.4. Social Media posts from 06 June 2019 onwards keeping public informed of key highlights from Annual Plan 2019-20.

5. The Annual Plan document has three sections:

5.1. Section 1: Introduction

5.2. Section 2: Highlights

5.3. Section 3: Financial information.

6. A draft of sections 1 and 2 were presented to Council in a workshop early March. A media release on 18 April 2019 signified our non-consultation approach and provided a high level overview to the public. The full Annual Plan document was presented to Finance Audit & Risk Sub-Committee on 22 May for review and feedback, then to Corporate and Strategic Committee on 05 June for review, feedback and recommendation for adoption.

7. A timeline of events for the Annual Plan is shown below.

Rates and Rating Differentials

8. Note that the forecast average rate increase of 7.9% as forecast from year 2 of the Long Term Plan has not changed. There are some minor variances as to the spread across various rating types e.g. the Uniform Annual General Charge (UAGC) has increased by 5%/$136k, however this is balanced out by a decrease in targeted rates of 5% including biosecurity schemes by $99k, sustainable land management by $27k and economic development by $23k.

9. As per the Long Term Plan consultation, in 2019-20 a larger percentage of the Economic Development rate ratio shifts to commercial ratepayers; those who benefit the most from this activity. The ratio shifts from 50:50 commercial:urban to a 70:30 split. A letter was sent out on 28 May 2019 to all commercial ratepayers informing them about this change.

10. Below is a sample of property values showing the likely effect on commercial rate-payers, from 1 July 2019:

	CV $210,000	CV $560,000	CV $850,000	CV $1,010,000	CV $3,300,000	CV $5,650,000
2018-19	$55.26	$147.74	$188.36	$223.82	$731.28	$1,440.19
2019-20	$59.45	$198.74	$272.34	$323.60	$1,057.32	$2,005.19

Budgeted Carry Forwards from 2018-19 to 2019-20

11. Operating and capital expenditure carry forwards approved by council resolution on 5 June 2019 from 2018-19 to 2019-20 are provided in summary in the tables below and included in the annual plan financials.

12. Carry forwards by nature are an estimate of the current financial year end position and actual amounts may vary slightly dependant on the actual work / expenditure completed by 30 June 2019. For example, accruals will be made dated 30 June 2019 for planting within the Erosion Control Scheme based on the actual number of trees planted on this date.

13. It is also worth noting there are a range of interventions available to the Council to achieve its goals and objectives. Council always considers the best mix of these to get results within a desired timeframe. This does not mean that it will always take the lead on an issue. A regional leadership role means proactively identifying regional issues and working with others to deal with these. Leveraging funding from external parties or agencies is a key strategy within the existing delivery model. When working in partnership greater flexibility can be required for delivery timeframes.

14. During the 2018-19 financial year considerable additional funding has been secured:

14.1. From central government for water security projects, SkyTEM, 1 billion trees, right tree right place

14.2. From LiNZ for Lidar

14.3. From NZTA for transport projects

14.4. From TA’s for the Biodiversity Trust.

15. When considering whether both operational or capital expenditure is appropriate to be carried forward, factors such as resourcing, delays in funding approvals etc have been taken into account. All carry forwards made with the understanding that planned work can and now will take place in the 2019-20 year.

16. Given the recent ‘step change’ in Council activity and expenditure, a greater focus on financial forecasting and monitoring internal ability to deliver on planned projects will be required in the coming 2019-20 year. This will be aided by the implementation of a new Financial Management Information System which will provide greater functionality to manage both opex and capex on a ‘rolling forecast’ basis. In addition, improved organisational reporting incorporating timing of project deliverables, applying weightings to potential external factors (i.e. dependency on external funding, resourcing, incident response, unplanned issues and priorities etc.).

Operating Expenditure Carry Forwards (Opex)

17. Summary of Effects of Operating expenditure carry forwards on the 2019-20 Annual Plan in the table below.

Proposed Carry Forwards	Opex ($000s)	Reason	Timing of Spend
Erosion Control Scheme	$600	Planting Season timing and delay due to policy implementation	Expensed in full by 30 Sept 2019
Hot Spot Tutira	$245	Land Acess has caused delay and is dependent on the Freshwater Improvement Fund	Within 2019-20
Hot Spot Lake Whatuma	$180	2018-19 year was spent on investigation solutions	Dependant on agreed intervention
Regional Land Transport Strategy	$146	Delayed due to NZTA Funding approvals	Within 2019-20
Future Farming Initiative	$130	The establishment of the working group was delayed due to resourcing constraints	Within 2019-20
Heretaunga Plains Flood Control Scheme	$89	General Rate contribution to the HPFCS reserve	Reserve Balance
Karamu Drainage	$45	General Rate contribution to the reserve	Reserve Balance
Upper Tuki Tuki	$44	General Rate contribution to the reserve	Reserve Balance
Asset Management – Minor Items	$40	Lack of resourcing available	Within 2019-20
Heretaunga Plains Special Projects	$34	Insufficient consultation with affected parties	Within 2019-20
Napier, Meannee, Puketapu Drainage	$33.5	General Rate contribution to the reserve	Reserve Balance
Muddy Creek	$12	General Rate contribution to the reserve	Reserve Balance
Karamu Enhancement	$11	General Rate contribution to the reserve	Reserve Balance
Central Southern Rivers	$10	Lack of resourcing available within the engineering team	Within 2019-20
Total Operating	$1,619.5

Capital Expenditure Carry Forwards (Capex)

18. A significant amount (approx. $1.4m) of the total carry forward relates to Ngaruroro Water Investment (Regional Freshwater Security). This was not originally budgeted as a capex item due to the uncertainty of the allocation of funds i.e. grant funding/feasibility. Staff are requesting the carry forward of $1.4m to leverage as co-funding for the PGF application.

19. Of the total requested to carry forward, a significant amount (approx. $1.6m) reflects IT project work or spend. With the recruitment of a new IT Manager this year a conscious decision to slow down the implementation of IT software solutions was made. Traditionally, the feedback from within the organisation was that the IT Department had a tendency to deliver software solutions that the business either did not want or was not ready for. A full review of the approach to IT transformation has taken place, and greater priority has been placed on ensuring the organisation has the correct processes, resources and disciplines in place to warrant or benefit from system implementation before work begins. This should ensure that as projects are initiated, spend is reduced due to the organisation being ready and that up-take of solutions is optimised.

20. The $4.027m capital expenditure carried forward from the 2018-19 year represents approximately 26% of the total planned capital expenditure in 2019-20 which totals $15.4m.

21. Summary of Effects of Capital expenditure carry forwards on the 2019-20 Annual Plan are shown in the table below.

Proposed Carry Forwards CAPITAL	Capex ($000s)	Reason	Timing of Spend
Regional Freshwater Security	$1,420	Used to leverage Central Government funding – successful approval of Provincial Growth Funding.	Within 2019-20
IT Infrastructure Refresh	$610	Delayed spend on software solutions – focus on process, capability and business readiness	Within 2019-20
IRIS Resource Management System Phase 2	$520	Delay in delivery of Phase 1 has impacted timing of Phase 2	Within 2019-20
Regional Groundwater Research	$430	Lack of resource to manage and execute project	Within 2019-20
Executive Performance Management Tool	$330	New hire in this role, impact of restructure took longer to bed down than expected	Within 2019-20
Heretaunga Plains Flood and River Control	$183	Lack of resource to manage and execute project	Within 2019-20
Environmental Data Management System	$175	Delays caused by organisational changes	Within 2019-20
Bus Service Ticketing System	$154	Reliant on NZTA – external factors caused delays	Within 2019-20
Customer Relationship Management (CRM)	$75	Currently delivering Phase 1 – organisation was not ready for implementation any earlier.	Within 2019-20
Data Warehousing	$70	Delayed spend on software solutions – focus on process, capability and business readiness	Within 2019-20
Regional Cycling Project	$60	Largely offset by Territorial Authority Grants	Within 2019-20
Total Capital	$4,027

Decision Making Process

22. Council is 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 that the decision is consistent with, and meets the statutory requirements of Section 95 of the Act.

Recommendations

That Hawke’s Bay Regional Council:

1. Confirms the no consultation approach for the 2019-20 Annual Plan as recommended at the Council Workshop on 6 March 2019 due to there being no material or significant variations from the forecasts for year 2 of the 2018-28 Long Term Plan in accordance with section 82(A)(3) of the Local Government Act 2002.

2. Adopts the 2019-20 Annual Plan, as recommended by the Corporate and Strategic Committee and in accordance with Section 95 of the Local Government Act 2002.

3. Approves, in accordance with sections 82 and 150 of the Local Government Act 2002, the Fees and Charges (page 19) as adopted in the Annual Plan.

4. Agrees to fund the underlying deficit in the Plan, from cash operating balances which are estimated to be at a level sufficient to provide such funding.

5. Adopts the following resolutions pursuant to Section 12 of the Local Government Act 2002:

5.1. Council raises a loan or loans or facilitate loan funding through banks to fund the borrowing set out in the 2019-20 Annual Plan for the purposes of funding clean heat/ insulation/solar hot water advances to householders, public good capital assets, systems integration programme, Hydrology/Science and investment assets. These loans to be drawn down when required to fund the approved capital programmes.

5.2. Delegates to the Chief Executive, authority to negotiate and agree on the terms of the loan(s) including:

5.2.1. Any future financing needs within the overall terms of borrowing, the interest rate payable by Council

5.2.2. The frequency of interest payments

5.2.3. The timing of drawdown

5.2.4. The institution(s) that will provide the loans

5.2.5. The number of loans which will make up the borrowing

5.2.6. All other terms and conditions of such loans and facilities as may be necessary in obtaining such loans and facilities in accordance with the Council’s Liability Management policy to execute any agreements, documents, and certificates in respect of such loans and facilities on behalf of Council.

Authored by:

Karina Campbell

Senior Project Manager

Melissa des Landes

Acting Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

James Palmer

Chief Executive

Attachment/s

⇨1

2019 2020 Annual Plan for Adoption

Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 2019

Subject: Setting of the Rates 2019-20 Financial Year

Reason for Report

1. This item provides the means for Council to set the rates for the period 1 July 2019 to 30 June 2020.

Commentary

2. The Local Government (Rating) Act 2002, Section 23 sets out the procedure for setting rates, with the main considerations being that rates must:

2.1. be set by a resolution of the local authority

2.2. relate to a financial year

2.3. be set in accordance with relevant provisions of the local authority’s Long Term Plan and the Funding Impact Statement for the relevant financial year set out in the 2019-20 Annual Plan.

3. The Local Government (Rating) Act 2002, sections 13 and 14 (General Rate) section 15 (Uniform Annual General Charge) and sections 16, 17 and 18 (Targeted Rates) explains how each such rate is to be set.

4. Council approved the 2019-20 level of rates to be collected and calculation factors in the Funding Impact Statement, as consulted on through the 2018-2028 Long Term Plan special consultative procedure. As provided by section 95 (2A) of the Local Government Act 2002, the Council has not consulted on the 2019-20 Annual Plan because it does not include any significant or material difference from the Long Term Plan.

5. The recommendations (which become resolutions when CARRIED) and attached rates information from the Annual Plan have been reviewed by Philip Jones of PJ Associates, and Council’s lawyers Sainsbury Logan & Williams have provided a legal opinion (attached) on whether the resolutions as drafted comply with the provisions of the Local Government Act 2002 and the Local Government (Rating) Act 2002.

Decision Making Process

6. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements of the Act in relation to this item and have concluded:

6.1. The rates included in the 2019-20 Annual Plan are consistent with the proposed rates that were included in the 2018‑28 Long Term Plan which was consulted on through a special consultative procedure.

6.2. Council has no option but to set the rates for each financial year in order to ensure that the services the Council provides are fully funded.

6.3. Persons affected by this decision are the ratepayers of the Hawke’s Bay region.

6.4. The decision is not inconsistent with an existing policy or plan.

Recommendations

That Hawke’s Bay Regional Council:

1. Resolves that the decisions to be made on the setting and assessing of rates cover information in the Funding Impact Statement for the 2019-20 year as included in the 2019-20 Annual Plan and 2018-28 Long Term Plan as required by Sections 93 and 95 of the Local Government Act 2002.

2. Resolves the setting of rates for the 2019-20 financial year and sets the following rates under the Local Government (Rating) Act 2002, on rating units in the region for the financial year commencing on 1 July 2019 and ending on 30 June 2020. These rates are set in accordance with the relevant provisions of the 2019-20 Annual Plan’s Funding Impact Statement.

2.1. A general rate is set under sections 13, and 131 of the Local Government (Rating) Act 2002 on land value as set out in Attachment 1, and this attachment forms part of this resolution.

2.2. A uniform annual general charge is set per separately used or inhabited part of a rating unit under section 15(1)(b) of the Local Government (Rating) Act 2002 as set out in Attachment 1, and this attachment forms part of this resolution.

2.3. The following differential targeted rates are set under sections 16,17 & 18 of the Local Government (Rating) Act 2002 as set out in Attachment 1, and this attachment forms part of this resolution including:

2.3.1. Subsidised Public Transport

2.3.2. Heretaunga Plains Flood Control Scheme

2.3.3. Upper Tukituki Flood Control Scheme

2.3.4. Central & Southern Area Rivers & Streams

2.3.5. Wairoa River and Streams Scheme

2.3.6. Various Streams and Drainage Schemes

2.3.7. Sustainable Homes – Financial Assistance

2.3.8. Healthy Homes/Clean Heat – Financial Assistance

2.3.9. Healthy Homes/Clean Heat

2.3.10. Economic Development

2.3.11. Farm Environment Management Plan – Financial Assistance

2.3.12. Erosion Control- Financial Assistance

2.4. The following uniform targeted rates are set under section 16 & 17 of the Local Government (Rating) Act 2002 as set out in Attachment 1, and this attachment forms part of this resolution:

2.4.1. Plant Pest Strategy

2.4.2. Regional Animal Pest Management Strategy

2.4.3. Sustainable Land Management

2.4.4. Forest Pest Strategy

2.4.5. Coastal Hazard

2.4.6. CDEM- Emergency Management

3. Resolves that the due date for payment of rates as set by the Hawke’s Bay Regional Council for the financial year commencing 1 July 2019 and ending on 30 June 2020 be 1 October 2019.

4. Resolves that, under sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, a fixed 10% penalty will be applied to unpaid current rates as at 1 February 2020 and shall be calculated by multiplying the outstanding rates by 10% and then adding that penalty sum to the amount outstanding as at 1 February 2020.

5. Resolves that, under sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, a fixed 10% penalty will be applied to all unpaid rates as at 3 July 2019 and shall be calculated by multiplying the outstanding rates by 10% and then adding that penalty sum to the amount outstanding as at 3 July 2019.

6. Resolves that the rates set for the financial year commencing on 1 July 2019 and ending on 30 June 2020, as set out in Attachment 1, are inclusive of GST.

Authored by:

Trudy Kilkolly

Principal Accountant
Rates and Revenue

Approved by:

Jessica Ellerm

Group Manager
Corporate Services

Attachment/s

⇩1	Funding Impact Statement
⇩2	Legal opinion from Sainsbury Logan & Williams

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 2019

Subject: Report and Recommendations from the 7 June 2019 Regional Transport Committee Meeting

Reason for Report

1. This item provides the matters considered and recommendations agreed at the Regional Transport Committee meeting on 7 June 2019 for Council’s consideration alongside any additional commentary the Committee Chair wishes to add.

Agenda items

2. The Deputation by Mr Ken Crispin, CEAC - Rail and Environmental Impacts presented the Committee with information on the need for monitoring of low frequency noise on the region’s highways.

3. The Hawke's Bay Regional Transport Study item updated the committee on progress with implementing its 18 December 2018 decision to undertake a regional transport study to replace and expand the Heretaunga Plains Transport study. The Committee resolved to:

3.1. Appoint the Council and NZ Transport Agency members of the Regional Transport Committee to the governance group for the study.

3.2. Appoint the Hawke’s Bay Transport Advisory Group (TAG) members to the technical steering group for the study.

4. The Speed Limit Reviews item, prepared by Hastings District Council, presented a proposal for regional collaboration on the implementation of the Speed Limit Guide to assist the Transport Agency and Road Controlling Authorities to determine objective road risk, and to work with communities in developing speed management approaches to reduce risk. The Committee resolved to:

4.1. Endorse, support, coordinate and contribute to a region-wide speed limit review and strategy, to assist in reducing the number of serious injuries and fatalities in the Hawke’s Bay.

4.2. Delegate the organisation and delivery of the implementation of the Speed Management Guide for Hawke’s Bay to the Technical Advisory Group.

5. The Variation to the Regional Land Transport Plan item sought the Committee’s consideration and recommendation to Council of a request from NZTA to vary the Regional Land Transport Plan to include the activity “HB State Highway Speed Management Guide” in the activity list, with the Committee granting the request and resolving the recommendation that Council:

5.1. Approves a variation to the Regional Land Transport Plan, introducing the Hawke’s Bay State Highway Speed Management Guide Implementation activity.

6. The Review of Safer Journeys Strategy item sought the Committee’s view in relation to a submission on the Central Government review of the Safer Journeys Strategy, in particular in relation to the possible adoption of a Vision Zero approach to road safety, with the Committee resolving to:

6.1. Note that a draft submission on the revised strategy will be prepared by the TAG and circulated for the Committee’s consideration.

7. The June 2019 HBRC Transport Manager's Report traversed a range of topical transport issues, including speed limit reviews, management of e-scooters, Provincial Growth Fund applications.

8. The NZTA Central Region - Regional Relationships Director's Report June 2019 outlined a range of policy issues under consideration and provided updates on roading improvements on state highways in the region.

9. The Roadsafe Hawke's Bay June 2019 Update highlighted the success of the recent road safety expo, which was attended by Year 11 students form most schools in Hawke’s Bay.

10. The June 2019 Public Transport Update provided the Committee with an update on the performance of the bus and Total Mobility services for the year to date.

Decision Making Process

11. These items were specifically considered by the Regional Transport Committee on 7 June 2019 and are now the subject of the following recommendations to Council.

Recommendation

1. The Regional Transport Committee recommends that Hawke’s Bay Regional Council:

1.1. Receives and notes the “Report from the 7 June 2019 Regional Transport Committee Meeting”.

1.2. 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 these matters without conferring directly with the community.

Variation to the Regional Land Transport Plan

1.3. Approves a variation to the Regional Land Transport Plan, introducing the Hawke’s Bay State Highway Speed Management Guide Implementation to the list of activities.

Reports Received

2. Notes that the following reports were provided to the Regional Transport Committee

2.1. Deputation by Mr Ken Crispin, CEAC - Rail and Environmental Impacts

2.2. Hawke's Bay Regional Transport Study

2.3. Speed Limit Reviews

2.4. Review of Safer Journeys Strategy

2.5. June 2019 HBRC Transport Manager's Report

2.6. NZTA Central Region - Regional Relationships Director's Report June 2019

2.7. Roadsafe Hawke's Bay June 2019 Update

2.8. June 2019 Public Transport Update

2.9. Verbal Updates by Advisory Representatives

Authored by:

Anne Redgrave

Transport Manager

Approved by:

Tom Skerman

Group Manager
Strategic Planning

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 2019

Subject: Regional Public Transport Plan Decisions on Submissions and Adoption

Reason for Report

1. This item

1.1. Provides the Regional Council with the recommendations from the Hearing Panel for the adoption of the Regional Public Transport Plan (RPTP).

1.2. Summarises the discussion at a public transport workshop held before the hearing.

Background

2. Under the Land Transport Management Act 2003, every Regional Council must adopt a regional public transport plan unless it does not intend to enter into any contracts for the supply of public transport services or provide any financial assistance to any operator or user of a taxi or shuttle service.

3. The Act states that an RPTP must be reviewed and if necessary, renewed or varied at the same time as, or as soon as practicable after, the public transport components of a regional land transport plan are approved or varied. As the Regional Land Transport Plan has recently been reviewed and varied, the council has undertaken a review of the RPTP.

4. The purpose of an RPTP is to provide a public statement of:

4.1. the public transport services that the Council considers integral to the network

4.2. the policies and procedures, information and infrastructure that apply to those services

5. Development and review of an RPTP also provides an opportunity for public input into the design and operation of the public transport network.

Consultation Process

6. Council approved the draft RPTP for public consultation on 27 February 2019. The consultation period opened on 5 April and closed on 6 May.

7. Thirty-six submissions were received, with nine submitters wishing to be heard. Two submissions were subsequently withdrawn.

Hearing of Submissions and Deliberations

8. A Hearings Panel comprising Councillors Dick, Barker and Bailey heard verbal submissions from eight submitters on 12 June, followed by consideration of an officers’ report on the submissions received.

Submitters’ views

9. Submitters made many positive comments about the current public transport services, but also a number of suggestions for improvements. Submitters largely agreed with the planned actions that are proposed in Section 5.

10. Many submitters had quite specific requests for service improvements, some of which have already been included as possible improvements in Section 5. Examples of this include the request for an investigation into services to the airport and for a direct service between Flaxmere and EIT.

11. Central Hawke’s Bay residents and the council are urging action on investigations into local commuter services, given the increase in the number of people living in CHB but working in Napier or Hastings. This includes services for EIT students. One verbal submitter requested the investigation of a community bus service to travel between a number of small towns or settlements in Central Hawke’s Bay.

12. There were limited responses concerning Wairoa services; however, the Wairoa Disability Service has made a funding request.

13. A number of submitters requested further breakdowns of current patronage trends. These have been included in the proposed final plan.

14. Verbal submissions traversed:

14.1. the need for more bus infrastructure

14.2. improved services for people with disabilities

14.3. opportunities for collaboration with the HBDHB regarding services from Wairoa and Central Hawke’s Bay

14.4. improved services for EIT students , opportunities to change the travel behaviour of students through lower fares

14.5. the need for bus priority measures on busy routes

14.6. options to remove large buses from the Hastings CBD

Hearings Panel Recommendations

15. After consideration of the officers’ report and deliberation on the submissions, the Hearings Panel made a number of recommendations for changes to the draft RPTP, as well as other actions for staff to follow up. These were:

Submissions relating to Bus Infrastructure

15.1. Instructs staff to work with NCC to install an additional bus shelter in Dalton Street to cater for Express bus passengers

15.2. Agrees to the addition of an action to the Regional Public Transport Plan, to “Work with road controlling authorities to investigate and implement bus priority measures which would improve the reliability and speed of bus journeys”

15.3. Instructs staff to ensure that park and ride options are promoted in bus service marketing.

15.4. Instructs staff to investigate the provision of seats in locations where shelters are not an immediate priority.

Submissions relating to Central Hawke’s Bay Services

15.5. Agrees to the addition of further discussion of community vehicle trusts into the Regional Public Transport Plan in section 1.4 of the Regional Public Transport Plan

15.6. Instructs staff to investigate a trial of commuter services between Waipukurau and Napier via EIT and HB District Hospital with peak time frequency.

Submissions relating to Wairoa Services

15.7. Instructs staff to reopen discussions with the Wairoa Disability Van Service on ways which HBRC may be able to provide a subsidy from the NZ Transport Agency.

Submissions relating to Services for People with Disabilities

15.8. Instructs staff to engage with Napier Disability Advisory Group to discuss barriers and solutions to public transport for people with disabilities.

Submissions relating to Rail Services

15.9. Agrees to the addition of discussion of rail’s role in public transport in Hawke’s Bay to Section 2 of the Regional Public Transport Plan

15.10. Submissions relating to Public Transport service improvements Napier/Hastings

15.11. Agrees to the addition of a review of Havelock North bus routes to the list of planned activities in Section 5 of the Regional Public Transport Plan.

15.12. Agrees to the addition of wording to the Planned Activities section of the Regional Public Transport Plan, “Bus Services between Napier and Hastings” to include consideration of access to Sports Park, Hastings shuttle proposal, services via Clive.

15.13. Agrees to the addition of more discussion around reducing carbon emissions and future investment in section 1.4 of the Regional Public Transport Plan.

Submissions relating to Bus fares and ticketing

15.14. Agrees to the addition of discussion of fare review options to Appendix C of the Regional Public Transport Plan.

15.15. Ensures that fare options suggested by submitters are included in the 2019 fare review.

15.16. Agrees to the addition of discussion of the NZTA review of fare recovery policy to Appendix C of the Regional Public Transport Plan.

Submissions of a General Nature

15.17. Agrees to the addition of detailed discussion of patronage to Section 2 of the Regional Public Transport Plan.

15.18. Agrees to the addition of further information on planned improvements to Section 5 of the Regional Public Transport Plan.

15.19. Agrees to the addition of an outline of current and proposed marketing and promotion to Section 2 of the Regional Public Transport Plan.

15.20. Agrees to the adjustment of the significance policy to allow for up to a 10% change in the cost of services to ratepayers, before consultation on a variation to the Regional Public Transport Plan is necessary.

15.21. Agrees to initiate discussions with TLAs to emphasise the importance of public transport, to facilitate planning and to remove barriers to greater utilisation.

16. Recommended changes to the RPTP have been included in the proposed final RPTP (attached).

Public Transport Workshop

17. A workshop on public transport was also held on 12 June and attended by some of the council.

18. A background paper was presented at the workshop (previously distributed to all councillors). This provided information on existing public transport services and current issues, and addressed questions raised at a council meeting in February.

19. Councillors asked many questions and discussed a range of ideas and issues, as outlined below. Staff comments or actions are noted in italics.

19.1. The issue of declining patronage – in HB, driving has become the norm. Habits are well-formed and difficult to change.

19.2. What are the major impediments to increasing commuter patronage? (Free/affordable parking and lack of congestion are two major impediments. The cost/availability of parking and traffic congestion is what drives public transport use in Wellington, for example)

19.3. Promotion and marketing of services needs a revamp – backs of buses, environmental messages, new angles and media. We need to be more visible. (Staff are working on a new marketing strategy in conjunction with the HBRC Comms team)

19.4. The cost and benefit of public transport needs to be measured in carbon reduction – this is the new currency. (Noted – carbon reduction estimates arising from public transport use are relatively simple to calculate)

19.5. Public transport is a major opportunity for HBRC to invest in carbon reduction. (Staff will present some initial proposals to the council in August)

19.6. Are we servicing commuters well enough? (Census data provides good estimates of commuting origins and destinations. Staff will provide an analysis of commuting patterns in Hawke’s Bay)

19.7. How could on-demand services replace low-performing scheduled bus services? (Staff to provide further information on how these services might work in areas of low patronage)

19.8. Could high-user discounts encourage higher patronage? (There is a range of ways of doing this, including the provision of monthly passes which allow unlimited trips. Some proposals will be brought to the council for consideration)

19.9. What technology can be used to improve public transport? Real-time information removes the uncertainty of using buses. Students could be asked to produce an app specifically for Hawke’s Bay. (A real-time system will follow the new ticketing system, as the on-bus GPS system is needed to feed the real-time system. The ticketing provider has committed to providing this; however, once the interface is established, other providers could also be considered).

19.10. Other technologies include ‘Mobility as a Service’ apps such as the Choice App. (Trial of Choice in Hawke’s Bay is listed as an action in the Regional Public Transport Plan)

19.11. HBRC’s work-related transport policies need to be exemplary – greater use of videoconferencing, public transport, walking and cycling, low carbon methods of transport. What are HBRC’s policies in this regard?

19.12. Improved frequency of services would remove the need for bus timetables.

19.13. Staff schemes for HDHB and HBRC seem to be working well – HBRC needs to issue a challenge to other large organisations to provide public transport subsidies for staff, as a social and environmental responsibility. (This is an avenue HBRC is pursuing – it is already identified as an action in the RPTP. Council/senior management advocacy will really help with this).

19.14. Is there an opportunity to co-locate local bus termini with long-distance services, especially in Hastings (Staff to discuss this with local authorities).

19.15. What opportunities are there to work with the local authorities to improve accessibility for public transport in the cities? (This is an ongoing issue. Staff are keen to achieve closer consultation and cooperation over roading, traffic management and bus route changes, the location of public transport infrastructure and ensuring new development structure plans include provision for public transport access. High level advocacy is necessary)

19.16. What other funding sources are there for public transport? (Staff to report on other possible funding sources).

19.17. What opportunities are there to coordinate the provision of public transport with other services, for example DHB services from Wairoa or CHB? (Staff will investigate this as part of transport needs assessments for these areas – these are key actions from the Regional Public Transport Plan.)

19.18. Would Hawke’s Bay benefit from the establishment of a Public Transport Committee? (Public transport committees exist at a number of other regional councils. Staff will report back on the operation of these in August.)

20. The councillors requested a comprehensive report to council in August on the issues and ideas outlined above, with a particular focus on increasing the public transport system’s contribution to carbon emission reduction in Hawke’s Bay.

Options Assessment

21. A Regional Public Transport Plan is a requirement of the Land Transport Management Act 2003, therefore other options have not been considered.

Strategic Fit

22. The provision of public transport services is consistent with HBRC’s Strategic Plan goal for a carbon-neutral Hawke’s Bay by 2040.

Financial and Resource Implications

23. Budgets for ongoing services and recommended actions in the RPTP have been included in the Long Term Plan.

Decision Making Process

24. Council is 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:

24.1. A consultative procedure was undertaken in accordance with the requirements of Section 125 of the Land Transport Management Act 2003.

24.2. The persons affected by this decision are those members of the regional community with an interest in public transportation related matters.

24.3. The decision is not inconsistent with an existing policy or plan.

Recommendations

That Hawke’s Bay Regional Council:

1. Receives and considers the “Regional Public Transport Plan Decisions on Submissions and Adoption” staff report.

2. Adopts the Regional Public Transport Plan 2019-29 in accordance with the following recommendations from the Hearing Panel.

Submissions relating to Bus Infrastructure

2.1 Instructs staff to work with NCC to install an additional bus shelter in Dalton Street to cater for Express bus passengers

2.2 Agrees to the addition of an action to the Regional Public Transport Plan, to “Work with road controlling authorities to investigate and implement bus priority measures which would improve the reliability and speed of bus journeys”

2.3 Instructs staff to ensure that park and ride options are promoted in bus service marketing.

2.4 Instructs staff to investigate the provision of seats in locations where shelters are not an immediate priority.

Submissions relating to Central Hawke’s Bay Services

2.5 Agrees to the addition of further discussion of community vehicle trusts into the Regional Public Transport Plan in section 1.4 of the Regional Public Transport Plan

2.6 Instructs staff to investigate a trial of commuter services between Waipukurau and Napier via EIT and HB District Hospital with peak time frequency.

Submissions relating to Wairoa Services

2.7 Instructs staff to reopen discussions with the Wairoa Disability Van Service on ways which HBRC may be able to provide a subsidy from the NZ Transport Agency.

Submissions relating to Services for people with disabilities

2.8 Instructs staff to engage with Napier Disability Advisory Group to discuss barriers and solutions to public transport for people with disabilities.

Submissions relating to Rail Services

2.9 Agrees to the addition of discussion of rail’s role in public transport in Hawke’s Bay to Section 2 of the Regional Public Transport Plan

Submissions relating to Public Transport service improvements Napier/Hastings

2.10 Agrees to the addition of a review of Havelock North bus routes to the list of planned activities in Section 5 of the Regional Public Transport Plan

2.11 Agrees to the addition of wording to the Planned Activities section of the Regional Public Transport Plan, “Bus Services between Napier and Hastings” to include consideration of access to Sports Park, Hastings shuttle proposal, services via Clive.

2.12 Agrees to the addition of more discussion around reducing carbon emissions and future investment in section 1.4 of the Regional Public Transport Plan.

Submissions relating to Bus fares and ticketing

2.13 Agrees to the addition of discussion of fare review options to Appendix C of the Regional Public Transport Plan

2.14 Ensures that fare options suggested by submitters are included in the 2019 fare review

2.15 Agrees to the addition of discussion of the NZTA review of fare recovery policy to Appendix C of the Regional Public Transport Plan.

Submissions of a general nature

2.16 Agrees to the addition of detailed discussion of patronage to Section 2 of the Regional Public Transport Plan

2.17 Agrees to the addition of further information on planned improvements to Section 5 of the Regional Public Transport Plan

2.18 Agrees to the addition of an outline of current and proposed marketing and promotion to Section 2 of the Regional Public Transport Plan

2.19 Agrees to the adjustment of the significance policy to allow for up to a 10% change in the cost of services to ratepayers, before consultation on a variation to the Regional Public Transport Plan is necessary

2.20 Agrees to initiate discussions with TLAs to emphasise the importance of public transport, to facilitate planning and to remove barriers to greater utilisation.

Authored by:

Anne Redgrave

Transport Manager

Approved by:

Tom Skerman

Group Manager
Strategic Planning

Attachment/s

⇨1

Regional Public Transport Plan 2019

Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 2019

Subject: Report and Recommendations from the Environment and Services Committee

Reason for Report

1. The following matters were considered by the Environment and Services Committee meeting on 19 June 2019 and the recommendations agreed are now presented for Council’s consideration alongside any additional commentary the Chair, Councillor Tom Belford, may wish to provide.

2. Bruce Bisset, on behalf of Extinction Rebellion Aotearoa - Call to Declare Climate and Ecological Emergency presented the case for the Council to declare a climate and ecological emergency.

3. The Climate Change Mitigation and Adaptation - A Regional Response item provided a stocktake of current Council activities which contribute to climate change mitigation and adaptation, including its corporate response, and identified different actions being undertaken across New Zealand which may provide new opportunities for this Council to lead or collaborate on into the future. Following considerable discussion and debate, all of which reinforced the scale and pace of climate change challenges facing the Region and the planet, the Committee resolved recommendations to Council to:

3.1. Declare a climate emergency, recognising global warming to be an urgent and pervasive threat to human and ecological wellbeing

3.2. Commit to providing an annual progress report in relation to its existing programme of work and additional future programmes relating to climate change

3.3. Include climate change as a primary factor for consideration in its decision making processes

3.4. Commit to developing a comprehensive programme of work in response to climate change, including regional leadership for climate change awareness and action

3.5. Request staff develop a programme of community engagement on climate change mitigation and adaptation

3.6. Direct the Chief Executive to further reduce the Council’s greenhouse gas emissions and report annually on progress within the annual progress report

3.7. Advocate to the Ministry for the Environment to include greenhouse gas emissions in the consenting process under the Resource Management Act

3.8. Make further submissions, as appropriate, to Central Government’s Zero Carbon Bill.

4. The Flaxmere Solar Farm item asked the Committee to consider a proposal to provide borrowing towards a total capital project of $2.7million from the Sustainable Homes grant funding to build and operate a 1MW PV Solar Farm in Hastings, as well as a reduction in the interest rate charged across the sustainable homes programme. The Power To The People project intends to use the proceeds from the sale of electricity generated by the solar farm to reduce the cost of retail power to 400 low-income homes in Flaxmere and Camberley. Agreement to the proposal is outside of the normal purview for the funds as the grants and/or loans have only been provided to individual property owners rather than residents or community groups. The Committee resolutions recommends that Council:

4.1. Agrees in principle, and subject to acceptance by the Regional Council of a full business case and debt security being procured, to extend lending to ‘Power To The People’, to achieve the objectives of the Heatsmart and the Sustainable Homes programmes.

5. The National Compliance Monitoring and Enforcement Report provided the Committee with the Compliance Monitoring and Enforcement (CME) report, commissioned by the local government regional sector to improve the availability of national data on CME functions. This is the first report to provide some means of comparative evaluation of councils and provides a comprehensive picture of CME activities at a very detailed level. The report’s author, Dr. Marie Brown of the Catalyst Group, found that overall the sector is in relatively good shape and made recommendations on improvements including:

5.1. 436 FTEs are employed in regional CME roles

5.2. Nearly 30,000 complaints are received annually, 87% of which are responded to

5.3. The sector secured 114 convictions against 49 individuals and 102 convictions against corporate defendants, with the dominant offence being the discharge of contaminants

5.4. In the 2017-18 year HBRC Received 1095 complaints (an increase of 20% over the previous year), monitored 2943 (93.5%) resource consents, and was successful in 4/4 prosecutions

5.5. Specifically, the author stated “The Hawke’s Bay Regional Council has some of the lowest levels of resourcing across the sector relative to population. Like Taranaki, express provision for the CEO to participate in decision making on prosecutions is an area of reputational risk. Information management, particularly regarding the outcomes of incident response demonstrates room for improvement”.

6. The Update on Farm Environment Management Plans provided the Committee with work done to date and progress towards meeting Tukituki Plan Change 6 (PC6) deadlines for Farm Environment Management Plans, including the information Council receives and holds, and information about a pilot auditing programme that assesses the completed FEMPs for:

6.1. compliance with Schedule XXII requirements for content

6.2. whether the nutrient budget is accurate and robust and adequately addresses the complexity of the farm system

6.3. whether all environmental risks are identified and the mitigation measures adequate as well as responses to the risks addressed in the work stream.

7. The Update on Central Government Policy Announcements item provided an overview of the extensive number of central government workstreams underway in relation to resource management legislation and policy in the pipeline, including:

7.1. ‘Essential Freshwater Package’ (including NPSFM amendments and new national environmental standards)

7.2. the indigenous biodiversity National Policy Statement

7.3. the RMA amendment bill.

8. The Sustainable Homes Update item informed the Committee that the programme has been designed and implemented, is meeting an increasing demand, and has a growth trend that is likely to continue with the introduction of lower interest rates as an incentive. It also advised that the Heatsmart programme has transitioned to become part of the Sustainable Homes programme.

9. The Waitangi Horseshoe Wetland Update item provided the Committee with an update on progress with establishing the new wetland at Waitangi Regional Park, advising:

9.1. Wetland construction, including the 1.5km bund and 3 islands for secure bird nesting and biodiversity, was completed in March 2019 in partnership with Te Wai Mauri Trust, Ngāti Kahungunu Iwi Inc, and Napier Port

9.2. A Planting Day held on 1 June 2019 saw about 200 volunteers plant 3,000 native plants

9.3. wetland is due to be flooded, beginning early July 2019, monitored and managed by use of a continuous water level monitoring device

9.4. Another 3,000 bull rush plants (Bolboschoenus fluviatilis) will be planted around the edge of the wetland.

10. The Landscape Scale Ecological Restoration on the Mahia Peninsula item presented the Committee with a proposal for an integrated approach to achieving a Te Mahia vision, through the co-creation of ideas and concepts with tangata whenua and the community in a more coordinated and qualitative approach aimed to achieve multiple, mutually beneficial outcomes rather than pre-determining the pathway.

11. The Catchment Management and Erosion Control Scheme Update item provided provided the Catchment Management team’s key outputs achieved in the 2018-19 financial year and work planned for the 2019-20 year, including:

11.1. reorganisation of the Land Management team into three zones, increased to 20 staff from 11 with another 7 to be added by 2023 and athe establishment of the Waipawa and Wairoa offices

11.2. development of a structured engagement and marketing strategy to successfully connect with landowners across the region is under way

11.3. The Erosion Control Scheme, led by ICM’s Catchment Management teams, is enabling targeted tree planting and other erosion control tools to be delivered on highly erodible land that is agreed in partnership with landowners has been established with 70 Erosion Control Plan applications approved to date and targets achieved

11.4. 50,000 Riparian plants ordered through the Riparian Plant Programme (a 50% increase from last year)

11.5. Establishment of the Innovation and Strategic Relationships Fund to support the objectives of the ECS, having contributed funding to a report on the Honey Supply Chain, a Grazable Shrubs project and the Hawke’s Bay Restorative Forest Carbon Programme Pre-Feasibility Assessment and Roadmap

11.6. Staff involvement in the Whatuma, Tutira and Whakaki hotspots project work as well as TANK and Mohaka plan changes and Tukituki Catchment Plan implementation.

12. The Erosion Control Grants Policy Refinement item provided refinements to the Erosion Control Scheme (ECS) Grant Policy including key changes intended to:

12.1. reflect the transition to business as usual where Council governance and operational committees are responsible for scheme oversight and management

12.2. Revise the eligibility section to include the Tukituki priority sub catchments where erosion is identified as an issue and stipulate that works required by law under the RRMP are not eligible for funding

12.3. Revised “Implementation of the Policy” section to reflect the current high level processes implemented and tested over the past seven months

12.4. Inclusion of “Additionality” clause to clarify funding is not available to works already obligated to be undertaken

12.5. Inclusion of a Land Covenant clause to provide discretion to HBRC to register a land covenant when works completed on a property exceed $35,000 of grant funding

12.6. Exclusion of grant funding for Ag-forestry economic assessments and 100% funding for full land retirement.

13. The June 2019 Hotspots Update item provided the regular update on Freshwater Improvement Fund and Hotspots environmental projects including Lake Tūtira (Te Waiū o Tūtira, the Milk of Tūtira), Te Whanganui-ā-Orotu (Ahuriri Estuary), Whakakī Lake (Sunshine, wetlands and bees will revitalize the taonga of Whakakī), Lake Whatumā and the Marine environment projects Subtidal Habitat Investigations and Sediment Characteristics and Behaviour.

Decision Making Process

14. These items were specifically considered by the Environment and Services Committee on 19 June 2019 and are now the subject of the following recommendations to Council.

Recommendations

The Environment and Services Committee recommends that Hawke’s Bay Regional Council:

1. Receives and notes the “Report and Recommendations from the Environment and Services Committee”

Climate Change Mitigation and Adaptation - A Regional Response

3. Declares a climate emergency, recognising global warming to be an urgent and pervasive threat to human and ecological wellbeing.

4. Commits to providing an annual progress report in relation to its existing programme of work and additional future programmes relating to climate change.

5. Includes climate change as a primary factor for consideration in its decision making processes.

6. Commits to developing a comprehensive programme of work in response to climate change, including regional leadership for climate change awareness and action.

7. Requests staff develop a programme of community engagement on climate change mitigation and adaptation.

8. Directs the Chief Executive to further reduce the Council’s greenhouse gas emissions and report annually on progress within the annual progress report.

9. Advocates to the Ministry for the Environment to include greenhouse gas emissions in the consenting process under the Resource Management Act

10. Makes further submissions, as appropriate, to the Zero Carbon Bill.

Flaxmere Solar Farm

11. Agrees in principle, and subject to acceptance by the Regional Council of a full business case and debt security being procured, to extend lending to ‘Power To The People’, to achieve the objectives of the Heatsmart and the Sustainable Homes programmes.

Reports Received

12. Notes that the following reports were provided to the Environment and Services Committee,

12.1. Extinction Rebellion Aotearoa - Call to Declare Climate and Ecological Emergency

12.2. National Compliance Monitoring and Enforcement Report

12.3. Update on Farm Environment Management Plans

12.4. Update on Central Government Policy Announcements

12.5. Sustainable Homes Update

12.6. Waitangi Horseshoe Wetland Update

12.7. Landscape Scale Ecological Restoration on the Mahia Peninsula

12.8. Catchment Management and Erosion Control Scheme Update

12.9. Erosion Control Grants Policy Refinement

12.10. June 2019 Hotspots Update.

Authored by:

Leeanne Hooper

Principal Advisor Governance

Approved by:

Chris Dolley

Group Manager
Asset Management

Liz Lambert

Group Manager Regulation

Iain Maxwell

Group Manager Integrated Catchment Management

Tom Skerman

Group Manager
Strategic Planning

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 2019

Subject: Local Government New Zealand Annual General Meeting

Reason for Report

1. This report seeks recommendations to Council for:

1.1. confirming Councillors attending the upcoming 2019 Local Government New Zealand (LGNZ) Conference and Annual General Meeting (AGM); and the councillor delegated to vote on Council’s behalf at the AGM.

1.2. agreeing Council’s voting position on any remits relating to regional council statutory functions and/or responsibilities

1.3. agreeing Council’s voting position on the proposed LGNZ rule changes.

Background

2. The conference and AGM will be held in Wellington from Sunday 7 July (AGM and conference opening) until Tuesday 9 July 2019.

3. The theme of the conference is “Riding the localism wave: Putting communities in charge”. It is about communities and empowering them to take charge of their social, economic, environmental and culture well-being through localism. This is a global concept reshaping governments around the world, recognising that the best outcomes are a result of local people making local decisions about the communities they live in.

4. The councillors booked and registered to attend the 2019 conference are Rick Barker and Debbie Hewitt, with Rick Barker holding the proxy vote for Council.

Remits

5. As part of the conference, all Councils were invited to submit proposed remits. Proposed remits should only relate to the internal governance and constitution of Local Government New Zealand, and relate to “issues of the moment”. Remits must have formal support from at least one sector group meeting, or 5 councils, prior to being submitted and the deadline for submission was 13 May 2019.

6. The remits (25) submitted to LGNZ are attached. Not all of those remits relate to activities of regional councils. Senior staff have reviewed the remits and have made suggestions (attached) whether HBRC should cast its vote in support or opposition to the relevant remits. Some of the staff comments are described as ‘support in principle.’ In these cases, a .supporting vote could be cast, but HBRC’s interest in the issue is low or indirect.

7. Only one of the remits is suggested to be opposed (Remit #22 from Whanganui District Council) which proposes:

7.1. That the selection of all independent commissioners for Resource Management Act hearings be centralised to improve independence and enhance the quality of decisions.

8. Gavin Ide, Principal Advisor Strategic Planning, assessed the Whanganui proposal and recommends, based on the following assessment, that Council oppose this remit.

Key Reasons

9. Description of the issue is inadequately framed and characterised. It also lacks empirical evidence of a common and/or widespread problem.

10. The issue description and background fail to acknowledge that councils’ roles and functions under RMA are rooted in principle of subsidiarity. Centralising all RMA commissioner selections would be contrary to that principle.

11. The proposal claims faults with the “current system” but the remit would only apply a ‘patch’ to one discrete step in RMA decision-making seemingly without too much consideration of the current system’s broader frameworks. If this issue needs further consideration for any reason, then it ought to be part of the wider review of the resource management system – not just a patch. The Government does have a wider system review on its work programme.

12. There are no guarantees that centralising commissioner selection would be a silver bullet for limited opportunities that currently exist for new commissioners to obtain experience.

13. Reference to “commissioners being held on a retainer” probably reflects a common pragmatic practice. Councils often may engage consultants for professional services under an ‘umbrella’ contract specifying general terms and conditions. This type of contractual arrangement is not unique to RMA commissioners as implied by the proposed remit’s tone.

14. Good governance, professionalism, professional ethics, local government procurement policies, LGOIMA etc are all things that collectively aid in mitigating the proposed Remit’s suggestion that the current system is faulty because there is “potential for corruption and undue influence.”

15. In addition to paragraph 15, the Making Good Decisions accreditation (and re-accreditation) programme reminds would-be commissioners of their own duties and responsibilities to the RMA’s quasi-judicial decision-making processes. For example, considering actual and potential conflicts of interest before accepting a council’s offer to be appointed to a hearings panel.

16. As for allegation that the same commissioners may be used time and time again, the Remit proposal paints that as a negative thing. In fact, that can and often is a positive thing insofar as the commissioner brings pre-existing familiarity of the place, issues, and/or relevant planning documents which can assist in cost-efficient decision-making.

17. The proposed remit makes no reference to financial implications and fiscal responsibilities of local government when they select RMA hearings commissioners. It is quite foreseeable that a centralised approach could lead to expensive commissioners being selected for a matter that the relevant local council may struggle to afford. More expensive does not necessarily equate to better quality and independence of decisions.

Other comments

18. The proposal makes frequent reference to “independent commissioners” but it is unclear whether this proposal also seeks to trump ability for a council to select one or more of its own [accredited] elected representatives as a commissioner for RMA-related hearings.

19. Whanganui District Council’s proposed remit is confined to RMA decision-making, but HBRC Hearings Committee’s terms of reference also cover potential appointment of panels for Biosecurity Act matters.

20. Under the current system, each council can choose how, when and who selects commissioners. A council can choose to make those decisions itself, or delegate those choices to a subcommittee (like HBRC’s own Hearings Committee), or delegate selection to a specific senior staff member. How each council executes those choices can mitigate (or worst-case exacerbate) Whanganui District Council’s three topics of concern (i.e. “paid relationships”; “manipulation of focus areas” and “existing connections”).

21. The Remit cites only the RMA as the relevant legislation, yet there are numerous other bits of legislation that influence local government activities, including procurement of professional services for RMA hearings commissioners (e.g. LGA, LGOIMA).

22. The regional sector has previously suggested that ‘water commissioners’ could be short-listed for the highly technical and demanding work occurring in virtually every region to implement the NPSFM in RPSs and regional plans. The point of difference here (compared to the Remit’s proposal) is that the complexity of land and freshwater plan-making warrants highly experienced and technically-minded commissioners – and in New Zealand, there are not large numbers of those types of people.

Proposed LGNZ Rule Changes

23. As attached, LGNZ is proposing several technical changes to its rules. The changes are purely technical and therefor staff recommend that the HBRC delegate supports those as a whole.

Financial and Resource Implications

24. The costs for attendance at the 2019 LGNZ conference are approximately $1500 per councillor plus associated travel and accommodation costs which are within the usual cost parameters.

Decision Making Process

25. 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:

25.1. The decision does not significantly alter the service provision or affect a strategic asset.

25.2. The decision does not fall within the definition of Council’s policy on significance.

25.3. The decision is not inconsistent with an existing policy or plan.

25.4. Given the nature and significance of the issues to be considered and decided, Council can exercise its discretion and make these without consulting directly with the community.

Recommendations

1. That Hawke’s Bay Regional Council:

1.1. Agrees that the decisions to be made are not significant, and that Council can exercise its discretion and make decisions on this issue without conferring with the community.

1.2. Confirms the elected representatives to the LGNZ AGM, covering all associated registration, travel and accommodation expenses for attendance; being councilors Debbie Hewitt and Rick Barker.

1.3. Instructs Council’s proxy, Councillor Rick Barker, to vote in opposition to the Whanganui District Council remit (22), and in accordance with staff recommendations on all others as follows.

1.3.1. Remit 1 Auckland Council (Zone One) - Climate change – local government representation - SUPPORT

1.3.2. Remit 6 Christchurch City Council (Metro Sector) - Nitrate in drinking water - SUPPORT

1.3.3. Remit 7 Hamilton City Council (Metro Sector) - Local Government Official Information and Meetings Act (1987) - SUPPORT

1.3.4. Remit 8 Hamilton City Council (Metro Sector) – Weed control - SUPPORT

1.3.5. Remit 12 Palmerston North City Council (Metro Sector) – Single use polystyrene - SUPPORT

1.3.6. Remit 13 Rangitikei District Council (Zone Three - s181 Local Government Act 2002 – construction of works on private land - SUPPORT

1.3.7. Remit 15 - Wellington City Council (Metro Sector) – Living Wage - SUPPORT

1.3.8. Remit 17 - Wellington City Council (Metro Sector) – Greenhouse Gases – SUPPORT

1.3.9. Remit 18 - Greater Wellington Regional Council (Regional Sector) - Climate Change funding policy framework – SUPPORT

1.3.10. Remit 19 - Whakatāne District Council, Dunedin CC, Wairoa DC, Hamilton CC, Kawerau DC, Tauranga CC - Road Safety - SUPPORT

1.4. Instructs Council’s proxy, Councillor Rick Barker, to vote in support of the LGNZ technical rule changes.

Authored by:

Leeanne Hooper

Principal Advisor Governance

Gavin Ide

Principal Advisor
Strategic Planning

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Approved by:

James Palmer

Chief Executive

Attachment/s

⇨1	2019 LGNZ AGM Remits	Under Separate Cover
⇨2	Staff comments on proposed Remits for 2019 LGNZ AGM	Under Separate Cover
⇨3	2019 Proposed amendments to LGNZ Rules	Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 June 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 119

DP 11027

CT B3/448

- Transfer

1.1.2 Lot 77

DP 14448

CT G2/683

- Agreement for Sale and Purchase

- Transfer

1.1.3 Lot 107

DP 12692

CT E1/68

- Agreement for Sale and Purchase

1.1.4 Lot 43

DP 14448

CT G2/668

- Agreement for Sale and Purchase

1.1.5 Lot 1

DP 14960

CT G4/475

- Agreement for Sale and Purchase

- Transfer

1.1.6 Lot 71

DP 6598

CT C2/301

- Transfer

4322

4323

4328

4325

4326

4327

4329

4330

28 May 2019

11 June 2019

19 June 2019

13 June 2019

19 June 2019

1.2

Staff Warrants

1.2.1 A. Miller

(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))

4324

11 June 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. As a result of sales, the current numbers of Leasehold properties owned by Council are:

3.1. 0 cross lease properties were sold, with 73 remaining on Council’s books

3.2. 4 single leasehold properties were sold, with 96 remaining on Council’s books.

Decision Making Process

4. 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 Hawke’s Bay Regional Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

2. 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.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
HBRIC Ltd 2019-20 Statement of Intent	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.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Public Excluded Recommendations from the Environment and Services Committee	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).	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Section 36 Charges Review	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.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Topic	Raised by