Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed everyone to the meeting and Pieri Munro, Te Pou Whakarae, and Cr Barker offered a karakia.

Councillor Fenton Wilson advised that, due to allegations by a member of the Regional Planning Committee that the Council is institutionally racist and that a complaint will be laid with the Human Rights Commission, he will not be attending meetings of the Regional Planning Committee until the issue has been resolved.

The Chairman advised that he intends the meeting to close within six hours.

2. Conflict of Interest Declarations

There were no Conflict of Interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting held on 29 May 2019

RC61/19

Resolution

Minutes of the Regional Council meeting held on Wednesday, 29 May 2019, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Barker/Hewitt

CARRIED

Follow-up Items from Previous Regional Council Meetings

In relation to replacement of the Pan Pac discharge pipe, James Palmer advised that discussions on options for full replacement are continuing and will be put to the Board, and Councillors will be advised of further progress as investigations are progressed. Urgency not as great given the success of the sleeve inserted to stop the leak.

In response to a query about publication of the names of those making LGOIMA requests, it was advised that on advice from the Office of the Ombudsman and Privacy Commissioner the names will no longer be published as part of the Agenda but are available to councillors off line.

In relation to Te Angiangi marine reserve, a request was made for related policy provisions in the Regional Resource Management Plan and Regional Coastal Environment Plan for protection of estuaries.

RC62/19

Resolution

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

Barker/Beaven

CARRIED

Call for Minor Items of Business Not on the Agenda

Recommendations

That Council accepts the following “Minor Items of Business Not on the Agenda” for discussion as Item 18

Topic	Raised by
Tuwharetoa Kotahitanga Group	Mike Mohi

Significant Council Staff Activities through July 2019

The item was taken as read.

RC63/19

Resolution

That the Hawke’s Bay Regional Council receives and notes the Significant HBRC Activities through July 2019 report.

Barker/Hewitt

CARRIED

Report and Recommendations from the Corporate and Strategic Committee

Councillor Kirton, Chair of the Committee, introduced the item and highlighted the significant items relating to rates invoicing and collection dates and the Annual Plan. Queries and discussions traversed:

· Agreement was reached, that HB Tourism key performance indicators would be amended in line with the Corporate and Strategic Committee’s suggested amendments for ratification by the HB Tourism board prior to being brought back to the July Council meeting for agreement, and that the relevant recommendation from the Committee be considered at that time.

RC64/19

Resolutions

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.

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

3. 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

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

4.1. Invoices sent out – early to mid-August

4.2. Rate assessment/invoice date – 20 September

4.3. Payment due date – 20 September

4.4. Penalty date – 21 September.

Annual Plan

5. 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

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

6.1. Treasury Report

6.2. Business Hawke’s Bay Update

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

6.4. Strategic Plan Implementation.

Barker/Kirton

CARRIED

2019-20 Annual Plan Adoption

The item was taken as read, with discussions traversing:

· Extensively reviewed through the Finance Audit and Risk sub-committee and Corporate and Strategic Committee meetings and workshops

· Majority of Capital expenditure carry forwards not directly attributable to rates rise and leveraged with Provincial Growth Fund or other partnership funding

RC65/19

Resolutions

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.

Kirton/Barker

CARRIED

Setting of the Rates 2019-20 Financial Year

Jessica Ellerm introduced the item, which was taken as read, with discussions covering:

· The legal advice on the Rates resolutions, and justification as a form of insurance

RC66/19

Resolutions

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 following.

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 following.

2.3. The following differential targeted rates are set under sections 16,17 & 18 of the Local Government (Rating) Act 2002 as set out following, 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 following:

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, are inclusive of GST.

Bailey/Barker

CARRIED

10.

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

Cr Alan Dick introduced the item, presenting the replica Kiwirail train he received on the re-opening of the line, which was taken as read. Queries and discussions covered:

· Progress on establishment of the effluent dump site in Wairoa, the unconsented discharge from stock trucks, legal liability to fix the issues and Council seeking legal advice as regulator

· Mrs Redgrave advised that funding could be added back into the Regional Land Transport Plan through a variation.

RC67/19

Resolutions

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

Barker/Wilson

CARRIED

11.

Regional Public Transport Plan Decisions on Submissions and Adoption

Anne Redgrave introduced the item, clarifying that the recommendations specifically identify where it is an instruction to staff or an addition or change to the Plan itself.

RC68/19

Resolutions

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 Napier City Council 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.

Dick/Kirton

CARRIED

12.

Report and Recommendations from the Environment and Services Committee

Cr Tom Belford introduced the item, which was taken as read, highlighting the decision items to recommend that Council declares a climate emergency and to extend funding assistance to establish a solar farm as well as the update on Central Government policy announcements and a request for more detail on their potential impacts on Council’s work programmes.

RC69/19

Resolutions

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.

Belford/Barker

For: Dick, Barker, Bailey, Beaven, Belford, Kirton, Graham

Against: Hewitt, Wilson

CARRIED

15.

Steve Carden Presentation - The Changing Face of Horticulture in New Zealand

The Chair invited Mr Carden to make his presentation. Mr Caren introduced himself as Chief Executive of Pāmu, previously Landcorp, before running through his presentation which covered:

· History of the company and what the business is trying to achieve to evolve and confront change, including livestock genetics, diversification and develop unique, high value products through partnerships (e.g. specialty milk products)

· Looking for sustainable solutions that enhance and restore biodiversity

· Impacts of climate change and extreme weather events as well as changing consumer expectations in relation to animal welfare, sustainability and health

· Creating resilient farms and rural communities – working in harmony with the environment – firstly by focussing on the health and welfare of people (staff)

· Regenerative farming – to create regenerative systems that regenerate the natural environment, e.g. biodiversity, soil

· Changing land uses – diversify by introducing horticulture and forestry to farms, to both increase productivity and improve environmental outcomes

The meeting adjourned at 10.34am and reconvened at 10.45am

20.

Napier Port Initial Public Offering - Determination of Minimum Proceeds and Approval to Proceed

RC70/19

Resolutions

1. That Council excludes the public from this section of the meeting, being Agenda Item 20 Napier Port Initial Public Offering - Determination of Minimum Proceeds and Approval to Proceed with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

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

Napier Port Initial Public Offering - Determination of Minimum Proceeds and Approval to Proceed

7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

7(2)(e) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to avoid prejudice to measures that prevent or mitigate loss to members of the public.

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

7(2)(j) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

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

2. That the following remain in attendance for this item as subject matter experts and Council advisors.

2.1 HBRIC representatives – Blair O’Keeffe, Dan Druzianic

2.2 Napier Port representatives – Alasdair MacLeod, Todd Dawson, Kristen Lee

2.3 Bell Gully representatives – James Lansdown, Christopher Goddard, Amon Nunns

2.4 Flagstaff representatives – Nick Watkins, Rowan Lang, Steve Hammerton

2.5 Goldman Sachs representatives – Justin Queale, William Fletcher

2.6 Deutsche Craigs – Jeremy Williamson

2.7 J Hill – Series Two (HBRC Communications Advisor)

Barker/Kirton

CARRIED

21.

Key Variable Items Following Approval of Minority Initial Public Offering

RC71/19

Resolutions

1. That Council excludes the public from this section of the meeting, being Agenda Item 21 Key Variable Items Following Approval of Minority Initial Public Offering with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

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

Key Variable Items Following Approval of Minority Initial Public Offering

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

2. That the following remain in attendance for this item as subject matter experts and Council advisors.

2.1 HBRIC representatives – Blair O’Keeffe, Dan Druzianic

2.2 Napier Port representatives – Alasdair MacLeod, Todd Dawson, Kristen Lee

2.3 Bell Gully representatives – James Lansdown, Christopher Goddard, Amon Nunns

2.4 Flagstaff representatives – Nick Watkins, Rowan Lang, Steve Hammerton

2.5 Goldman Sachs representatives – Justin Queale, William Fletcher

2.6 Deutsche Craigs – Jeremy Williamson

2.7 J Hill – Series Two (HBRC Communications Advisor)

Barker/Kirton

CARRIED

22.

Assurance Papers

RC72/19

Resolutions

1. That Council excludes the public from this section of the meeting, being Agenda Item 22 Assurance Papers with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

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

Assurance Papers

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

2. That the following remain in attendance for this item as subject matter experts and Council advisors.

2.1 HBRIC representatives – Blair O’Keeffe, Dan Druzianic

2.2 Napier Port representatives – Alasdair MacLeod, Todd Dawson, Kristen Lee

2.3 Bell Gully representatives – James Lansdown, Christopher Goddard, Amon Nunns

2.4 Flagstaff representatives – Nick Watkins, Rowan Lang, Steve Hammerton

2.5 Goldman Sachs representatives – Justin Queale, William Fletcher

2.6 Deutsche Craigs – Jeremy Williamson

2.7 J Hill – Series Two (HBRC Communications Advisor)

Barker/Kirton

CARRIED

23.

HBRIC Ltd 2019-20 Statement of Intent

RC73/19

Resolutions

1. That Council excludes the public from this section of the meeting, being Agenda Item 23 HBRIC Ltd 2019-20 Statement of Intent with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
HBRIC Ltd 2019-20 Statement of Intent	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.

2. That Blair O’Keeffe, HBRIC Ltd Chief Executive, remains in attendance for this item as author of the Statement of Intent and responsible for actioning Council feedback.

Barker/Kirton

CARRIED

24.

Public Excluded Recommendations from the Environment and Services Committee

RC74/19

Resolution

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	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.

Barker/Kirton

CARRIED

25.

Section 36 Charges Review

RC75/19

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 25 Section 36 Charges Review with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Section 36 Charges Review	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.

Barker/Kirton

CARRIED

26.

Confirmation of Public Excluded Minutes of the Regional Council Meeting Held on 29 May 2019

RC76/19

Resolution

That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 26 with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

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

Offer Design Detail

7(2)(b)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to ensure a trade secret is not disclosed

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

s7(2)(g) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to maintain legal professional privilege

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)

s7(2)(j) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage

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

Barker/Kirton

CARRIED

27. Chief Executive Performance and Remuneration Review

That Council excludes the public from this section of the meeting, being Agenda Item 27 Chief Executive Performance and Remuneration Review with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Chief Executive Performance and Remuneration Review	7(2)(a) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to protect the privacy of natural persons.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Barker/Kirton

CARRIED

The meeting went into Public Excluded session at 10.46am and out of Public Excluded session at 2.00pm

13.

Local Government New Zealand Annual General Meeting

Joanne Lawrence introduced the item and there was discussion on the rationale for supporting, or otherwise, the various remits at the LGNZ AGM and confirmation that Cr Barker will be Council’s proxy for that.

RC77/19

Resolutions

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 councillors Debbie Hewitt and Rick Barker.

1.3. Delegates 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

1.3.11 Remit 5 – Christchurch City Council (Metro Sector) – Short-term guest accommodation – SUPPORT

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

Wilson/Belford

CARRIED

14.

Affixing of Common Seal

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

RC78/19

Resolutions

That Council:

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

2. Confirms the action to affix the Common Seal.

Wilson/Beaven

CARRIED

Item - 15. Steve Carden Presentation - The Changing Face of Horticulture in New Zealand - was considered immediately following item 12.

16.

Report from the 4 June 2019 Māori Committee Meeting

Mike Mohi introduced the item, held at Whakaki Marae just outside Wairoa, which was well attended by locals including members of the Wairoa District Council Maori Standing Committee. It was suggested that having the relevant TA Maori Committee representatives attend meeting at marae assists with understanding the different functions and responsibilities of the district and regional councils. Some concerns raised in the CHB representative’s report, which may need to be addressed to CHB District Council, will be discussed by the CE, Council Chair and Mr Mohi at a future meeting in Porangahau. August meeting will be the last of the triennium for the Māori Committee, and Mike Mohi advised he will not be continuing as a member after the elections.

RC79/19

Resolution

That the Hawke’s Bay Regional Council receives and notes the “Report from the 4 June 2019 Māori Committee Meeting”.

Wilson/Graham

CARRIED

17.

Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting Summary

Chris Dolley introduced the item, advising that most of the discussion at the meeting was about the contributory fund and how to split and collect the contributions between the 3 councils. Currently planning for the individual council workshops, and how to get agreement to the contributory fund including which council collects what.

Considering a separate, joint consultation process next year so that then the base costs can be included in the Long Term Plan process in 2021.

RC80/19

Resolution

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

Wilson/Beaven

CARRIED

18.

June 2019 Napier Port IPO Transaction Project Update

The item was taken as read with some discussion of the media release of Council’s decision to proceed with the IPO transaction.

RC81/19

Resolution

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

Dick/Barker

CARRIED

19.

Discussion of Minor Items Not on the Agenda

Topic

Raised by

Tuwharetoa Kotahitanga Group

2-3 weeks ago, attended a meeting of the Group (represents 24 hapu) with the CE, which discussed ecological concerns associated with the mana whenua and mana awa – there were 3 rangatira and a PA at the meeting and it was a very good meeting. Feedback afterward was good and the Group was pleased with the discussions.

Mike Mohi

Pieri Munro, Rick Barker and Paul Bailey offered a karakia to close.

Closure:

There being no further business the Chairman declared the meeting closed at 2.35pm on Wednesday, 30 June 2019.

Signed as a true and correct record.

DATE: ................................................ CHAIRMAN: ...............................................