Agenda of Regional Council Meeting

	Agenda Item	Action	Responsible	Status Comment
1	Follow-ups from previous meetings	Provide advice and policy re publication of requestors’ names to councillors	L Hooper/ J Lawrence	In accordance with advice received from the Ombudsman’s office and Privacy Commissioner (Reference 1 following), names of Requestors will not be included in the LGOIMA report attached to the follow-ups item as part of Regional Council agendas however may be made available to councillors upon request in accordance with LGOIMA provisions.
2	Follow-ups from previous meetings	Te Angiangi marine reserve 1. provide an overview of relevant science monitoring activity 2. HBRC policy provisions associated with protection and rehabilitation of marine reserves, estuaries and wetlands	I Maxwell /C Edmonds	1. Information (reference 2 following) provided by Policy & Planning, Integrated Catchment Management and Science staff. Plus activity and investment in the Coastal and Marine area item on 7 August E&S agenda 2. HBRC Policy documents with provisions relating to marine reserves, wetlands and estuaries are the Hawke’s Bay Regional Resource Management Plan, Regional Policy Statement and Hawke’s Bay Regional Coastal Environment Plan
3	Follow-ups from previous meetings	Provide update on status of Pan Pac discharge pipe replacement	L Lambert	No further information on timing of replacement plans at this time
4	Report and Recommendations from the Corporate and Strategic Committee	KPIs as amended in response to 5 June C&S feedback to be brought back to Council for agreement	T Skerman	Item on 28 August Council agenda, as new GM HB Tourism on leave for 5 weeks from 22 July. Staff will endeavour to have George Hickton (HBT Chair) at the 28 August meeting as well.
5	Report and Recommendations from the Environment and Services Committee	Central Government policy announcements and their potential impacts on Council’s work programmes	T Skerman	Item on 31 July Council agenda.

Follow-ups from Previous Meetings and LGOIMA Requests Received

Attachment 1

Reference 1

Hi Leeanne

Thanks for your enquiry.

Firstly - question the public interest in releasing the names of requestors. Is there an obvious public benefit in releasing the names? Might the release of names create speculation by others about the reasons for the original request that can't then be satisfied by the Council?

Releasing the names of individuals may raise privacy issues for those individuals - those requestors will have a privacy interest in their names being published. That privacy interest will vary depending on the circumstances for why they requested information - you won't know necessarily know why. The privacy interest generally is probably low, but in individual cases, this might not be the case.

The desire to publish the names for transparency purposes - you need to consider the public interest in that information - generally I would think the public interest would also be low. There will be a risk that individuals named may raise complaints against the Council.

I recommend that you contact the Office of the Ombudsman to seek their views. There will be grounds under LGOIMA to withhold personal information on privacy grounds. It's a matter of weighing the privacy interest with the public interest in disclosing the information.

I hope that helps you a little.

Regards

Colin Trotter | Policy Adviser

Office of the Privacy Commissioner

Hi Leeanne

We would certainly encourage you to give some further thought to the proactive reporting of requester’s names in this way, perhaps in conjunction with some advice from the Privacy Commissioner. Recently, the Commissioner advised us that it is best if agencies, when consulting third parties, do not volunteer the name of the requester. The Commissioner considered this could amount to an interference with privacy. This would seem to suggest that there might be similar issues associated with release of the requester’s name in this way.

Also, as the detail is proactively reported/published by the Council, and not released in response to a request under LGOIMA, the section 41 protections would not apply.

Thank you for confirming that councillors’ opinions, views or input to requests is never sought (outside of legitimate consultation). Do you have any relevant policy or procedure surrounding LGOIMA that you could ensure encompasses this ‘rule’? Perhaps this is something to consider as a matter of good practice.

If you do not mind, I will confirm to (name redacted) that I have contacted the Council, and that you have advised that this reporting practice is currently under consideration.

Kind regards

Aimee Bryant

Principal Advisor

Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata

Hi Aimee, and again apologies for not responding sooner.

Each month, I provide an Information item to the Council meeting, (examples attached for you) with actions from previous meetings and a list of the LGOIMA requests received in the intervening period as an attachment.

This is for information only, in the interests of transparency, and councillors’ opinions, views or input to any response is never sought. If a response (information) has already been provided, that is provided alongside the request.

We began this practice 2-3 years ago at councillors’ request.

I’ve received (name redacted) query from Council’s media liaison officer and, because this is the first time anyone has queried it, am considering whether I should reconsider what information I provide in the monthly reports in relation to privacy concerns. I do note that (name redacted) request was not a personal one but in the role of Radio NZ Journalist.

As an aside, we’ve recently changed our practice to ‘register’ requests from officers of organisations to the organisation’s name rather than the individual making the request, for example Forest & Bird, NZ Taxpayers Union and Greenpeace. This is for ease of reporting internally, and the responses are still addressed to the individual at the organisation, not the organisation itself.

I’m happy to have a chat if you have any concerns or want further information.

And also very happy to receive any advice you wish to offer in relation to the way we’ve been reporting LGOIMA requests to the Council and ways to improve or de-risk our practices.

Regards,

Leeanne Hooper
Principal Advisor Governance

Hi Leeanne,

We’ve received an inquiry from (name redacted) about the propriety of Council staff reporting on open LGOIMA requests to elected members, with there being debate/discussion on these requests.

Part of this related to privacy concerns, in that unlike most Councils, HRBC appear to publish all details of the individuals concerned. In respect of privacy, the individual has been referred to the Office of the Privacy Commissioner.

However there is one aspect that I would appreciate some clarity on. As you know, LGOIMA decisions are vested with the Chief Executive, and not elected members. Elected members are not involved in decision making, but may be consulted for their views as an affected individual or receive an ‘FYI’ of a response that is to be sent. They should otherwise not exert influence on the decision-making process.

Does HRBC have any policies around this, or any mechanisms by which to ensure that this reporting of outstanding LGOIMA requests to Council does not result in involvement in decision-making? Are you able to provide some context as to how this practice originated?

Yours sincerely,

Aimee Bryant

Acting Principal Advisor

Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata

Reference 2

Te Angiangi Marine Reserve

Established in August 1997 under the Marine Reserves Act, Te Angiangi Marine Reserve covers an area of about 1.3 square nautical miles (446 hectares) and extends 1 nautical mile (1.85 km) offshore from the mean high water mark between Aramoana and Blackhead beaches.

Marine reserves are to be preserved in their “natural” state, to the extent possible. Although the purpose of marine reserves under the Act is for “scientific study”, the establishment of highly protected areas provides considerable benefits for biodiversity and may also help support fisheries through spill-over effects.

Te Angiangi Marine Reserve is managed by the Department of Conservation (DOC) with advice and assistance from local group ‘Te Angiangi Marine Reserve Advisory Committee’. The local community form an important support structure for the marine reserve by advising visitors of regulations, and on occasion assisting DOC with compliance tasks.

Ngati Kere are represented on the Marine Reserve Committee and are the recognised 'haukainga' hapu of Te Angiangi.

Section 9 of the Marine Reserves Act outlines that: Subject to this Act, the Director-General shall administer, manage, and control marine reserves in accordance with approved general policies, conservation management strategies, and conservation management plans. Therefore, in short, management and control of marine reserve areas is under the jurisdiction of DOC and they will carry out any monitoring and reporting for this area.

The Te Angiangi Marine Reserve Operational Plan provides guidance to DOC staff in the management of the reserve. The Operational Plan is a non-statutory document.

Regional Coastal Environment Plan

The marine reserve is recognised as a Significant Conservation Area (SCA) in the Regional Coastal Environment Plan (RCEP).

Any activities undertaken in the reserve must also comply with the provisions of the RCEP. For example, in addition to the need for scientific permits, any research undertaken may require coastal permits to be obtained from Hawke’s Bay Regional Council in accordance with the RCEP.

There are no specific rules for activities in the marine reserve but some RCEP rules include conditions that ensure certain activities do not occur within 500m of the reserve, for example:

Rule 143: Disturbances: Except for scientific research purposes, the disturbance or removal of sand, rock or gravel from Te Angiangi - Prohibited.

Rule 165: Discharge of sewage from ships or offshore installations in or within 500m of Te Angiangi Marine Reserve - Prohibited.

Through the RCEP, Council have established provisions that prohibit the use of vehicles on intertidal rock platforms along some areas of the coastline including areas within the reserve. An advocacy approach is favoured as it is generally the attitudes of the driver of the vehicle that will determine the extent to which vehicle use causes damage.

Management of Land Adjacent to Marine Reserve

The land adjacent to the marine reserve boundary is beyond the jurisdiction of the Te Angiangi Marine Reserve Operational Plan.

Hawke’s Bay Regional Council and the Central Hawke’s Bay District Council have responsibilities under the Resource Management Act 1991 for the natural and physical resources that lie within the boundaries of the marine reserve and in land adjacent to it.

Councils also have local government responsibilities under other legislation such as the Local Government Act 1974.

There is a growing presence of residential activities and developments including new and existing campground facilities and existing and proposed residential development.

There is no evidence to date that residential activities are adversely affecting the reserve. Monitoring is being undertaken by Central Hawke’s bay District Council to determine that no sewage is discharging into the marine reserve and adjoining coastal marine area.

The balance of the land adjoining the reserve is managed as farm land and esplanade reserve.

The Aramoana Environmental and Education Charitable Trust provide visitor and educational facilities at the adjacent Ouepoto Reserve, and accompanying Historic Woolshed. The Trust help look after public access to the reserve, promote environmental education, and have facilitated the planting of native species along the coastal margin.

In 2015 Council resolved to grant funding of $10,000 to the Trust for the development of the Ouepoto Reserve.

Regional Council staff have worked alongside the Trust with various projects. This includes the Biodiversity, Biosecurity, and Open Spaces teams. For example, pest control programmes have been established in the area by DOC and HBRC.

With regards to the surrounding farmland, a significant rainfall event in 2011 caused large landslips in the area, which had significant adverse impacts on the marine reserve. Ongoing restoration work has seen slopes re-grassed and 3000 native plants planted. This has been a combined effort from DOC and Council, working with the Trust and Ngati Kere.

Research has shown that some marine species have been able to recover quickly from the landslips, while other species such as crayfish have been much slower to recover.

Regional Council integrated catchment management activities in this area include an on-going work programme to reduce erosion and sediment loading, this includes engagement with the Trust, Ngati Kere and the local community.

Follow-ups from Previous Meetings and LGOIMA Requests Received

Attachment 1

LGOIMA Requests Received between 21 June and 25 July 2019

Request Date	Request ID	Request Status	Request Subject	Request Summary
22/07/2019	OIR-19-043	Active	rubbish dumping	In HB since June 2018: 1. amount of rubbish illegally dumped 2. number of dumping complaints made 3. number of fines & value issued for dumping 4. Any prosecutions or further action taken re dumping
22/07/2019	OIR-19-042	Active	dairy effluent discharges	prosecutions, abatement notices & infringement notices issued for dairy effluent discharges for year to 30 June 2019, including name of prosecuted party, charges faced, outcome of any court action & sentencing notes if available
22/07/2019	OIR-19-041	Active	councillor 2016 triennium meeting attendance records	Attendance records for Council & committee meetings during the 2016-19 triennium
16/07/2019	OIR-19-040	Completed	Operation of Unconsented Pump	Operation of Unconsented Pump and Installation of unconsented Defences against Water - copy of the abatement notice served to (name redacted) on 29/5/19 or thereabouts for operating an unconsented pump & the installation of defences against water, incl all conditions & consequences for not abiding by these conditions
			Response	Mikey Wilcox, Compliance Officer, emailed relevant information to requestor 18/7/2019
16/07/2019	OIR-19-039	Completed	Operation of Unconsented Pump	(1) Letter from Scott Bremer (Consents Officer) to (name redacted) dated 24 May 2005 or thereabouts (2) Infringement Notice issued to (name redacted) by Ian Lilburn (HBRC) for operation of unconsented pump dated shortly thereafter
			Response	Mikey Wilcox, Compliance Officer, emailed relevant information to requestor 18/7/2019
8/07/2019	OIR-19-038	Completed	water restrictions	all water restriction types, implemented by your regional council over the last 50 years including time/seasonal periods of restrictions
			Response	Email 23/7/19 HBRC holds no relevant information – as request was for TA restrictions publicly notified as confirmed by requestor
11/07/2019	OIR-19-037	Completed	Kiwi deaths-missing at Cape Kidnappers	all correspondence, notes of phone conversations, meetings, & reports, etc for period early 2017 to February 2018 relating to deaths/missing kiwi at Cape Sanctuary
			Response	25/6/19 Campbell Leckie, Manager Catchment Services, emailed relevant email correspondence to requestor
29/06/2019	OIR-19-036	Completed	Resource consents for combustion discharges	list of all current "combustion of specified fuels" discharge consents incl issue date, expiry date, fuel source for the combustion, & power ouput in kW or MW (if known) or max combustion rate in tonnes per hour (if known)
			Response	12/7/19 Malcolm Miller, Manager Consents, emailed relevant email correspondence to requestor
25/06/2019	OIR-19-035	Completed	municipal wastewater discharge consents	a list of municipal wastewater discharge resource consents including consent holder & expiry date
			Response	12/7/19 Malcolm Miller, Manager Consents, emailed relevant email correspondence to requestor

Responses to requests previously not provided

Request Date	Request ID	Request Status	Request Subject	Request Summary
12/06/2019	OIR-19-030	Completed	Nitrogen and Phosphorous data from FEMPs	Nitrogen and Phosphorus run off amounts captured via FEMPs across each of the resource consents
			Response	12/7/19 Shane Gilmer emailed relevant information
11/06/2019	OIR-19-029	Completed	Puketapu Road property	- all correspondence in relation to the property, since October 2018
			Response	Hard copies of correspondence provided to property owner
30/05/2019	OIR-19-028	Completed	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?
			Response	26/6/19 Malcolm Miller, Manager Consents, emailed relevant email correspondence to requestor

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 July 2019

SUBJECT: Significant Council Staff Activities through August 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. Proposed plan to be adopted and notified before 31 August 2019
		Progressing TANK plan change (PC9) to notification	2. 14 August RPC meeting to recommend adoption for notification to 28 August Council meeting

Hotspots		Project description	Activity Status Update
Group/Section	Team(s)	Project description	Activity Status Update
Integrated Catchment Management	Catchment management	All	3. 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	4. Members of the Whakaki Lake Trust have asked for a second opinion on the potential impact of the proposed weir. We are currently seeking clarification of the purpose of this review but works have been paused until this has been clarified and or carried out and the Cultural Impact Assessment has been completed. 5. Designing mesocosm experiment to see if aquatic plants grow back when lake water becomes clearer, with construction by spring 6. Designs for mesocosm experiment underway 7. Weir designs have been finalised, but works have been postponed until after cultural health assessment has been undertaken by local marae – which is due November 2019.
Asset management	Engineering Env Science	Tutira	8. Bridge and gauging structure - Design completed. Price agreed with preferred contractor and contract drafted for sign off. Planned commencement of works 1^st Week in August. 9. Tutira Sediment Plan – Detailed Hydrological, hydraulic and geotechnical design report received and under review. 10. Completing the assessment of Environmental Effects for Southern Outlet

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	11. Stage 2 of the hearing closed 8 March 2019. The Applicants have submitted their written closing statement. 12. Special Tribunal is yet to confirm and announce its next procedural steps & timings. 13. No change since last update to Council 26 June 2019.

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

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

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

13. No change since last update to Council 26 June 2019.

Significant Team Activities

Integrated Catchment Management Group		Project description	Activity Status Update
Section	Team	Project description	Activity Status Update
Environmental Science	Land Science		14. Contract for regional lidar to be submitted for tender and placed on GETS
		Riparian Monitoring	15. With 30% of sites being surveyed in the Tukituki Catchment for our riparian monitoring programme, staff will continue to process collected data and prepare for the next round of field work in August. 87 sites in Tukituki, 300 sites in total regionally.
		Wetland Inventory	16. Completion of work on the wetland inventory during August. New database identifying location and types of wetland across the region available to whole of council.
		Sediment monitoring	17. 10 ISCO automatic sediment samplers being ordered and site set up to begin. Eventually having 25 samplers region wide to detect long term changes in sediment loads.
	Hydrology/ Hydrogeology	SkyTEM preparation	18. Project planning and scheduling is underway to ensure the survey of Heretaunga and Ruataniwha aquifers is completed in summer 2020. Otane and Poukawa aquifers will be surveyed, subject to signed contract for Provincial Growth Funding.
		Groundwater monitoring network review	19. A project to review the groundwater monitoring network has been initiated and is expected to be completed June 2020. 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	20. WQE objectives and limits report for plan change finalised
		Riparian shade	21. Riparian planting brochure to be completed by August
Environmental Science		Collaborative Monitoring Partnerships	22. Community monitoring workshop for Putere Lakes monitoring in July
		Tukituki	23. Water quality sub-catchment summaries finalised for Papanui and Tukipo
		General	24. 6 x SOE WQE technical reports to write by 30 September
Environmental Information			25. Isco sediment samplers to be installed at Esk at Waipunga Bridge. 26. Data Strategy implementation to begin.
Biosecurity/ Biodiversity		Predator Free Hawkes Bay	27. Whakatipu Mahia signup of landowners continues 28. Work on area 1A & 1B of Mahia Peninsula continues 29. Contracts for baitstation set up as part of the possum eradication will be tendered
		Biodiversity priority ecosystems	30. Assessing proposed Ecosystem Prioritisation sites for the financial year
		Plant pests	31. Finishing the Apple of Sodom control programme 32. Start seeing Chilean needle grass landowners about the coming season management plans 33. Finalise Pinus contorta control programmes for 2019/20 34. Finish updating website regarding new RPMP
		Animal pests	35. Prepare 20-21 education monitoring programme 36. Tender evaluations for five tenders 37. Audit biovault contractor reports
Catchment Management	All		38. All three teams are focused on deliveries of poles and native plants to erodible and riparian areas for winter planting.
		Southern	39. Porangahau Hui on 20 August at Rongomaraeroa Marae. Hui hosted by Ngati Kere and hapū of Porangahau is for HBRC and CHBDC to listen to local concerns about the state of the local waterways. It is also an opportunity for the two councils to introduce themselves, their roles and interactions, and who the key contacts are from each council for the various work programmes or projects.
		Central	40. Two Catchment advisors will be focused on new contacts within the Sednet defined area over the next couple of months. 41. Work to plan an increase to poplar and willow supply will be underway over the next two months, to fill demand and contract obligations in 3-4 year’s time.
Catchment Management		Northern Team	42. The Hill Country Erosion Fund project manager position has been advertised and we hope to be interviewing for this position the week of 12-15 August. 43. The E&S Committee will be getting an update on the Tuia 250 celebrations at Mahia Peninsula from 15-18 December at this meeting. This is going to be a significant event. Nathan Heath – Catchment Manager Northern HB is part of the governance group of this project and has been closely involved in the program to date. 44. The wider vision for Te Mahia will be discussed with representatives of the 6 marae at the Mahia Maori Committee meeting on 28 July. 45. Nathan Heath has been invited to appear on a panel discussing system change at the Our Land & Water National Science challenge symposium on 13 August.

Regulation Group		Project description	Activity Status Update
Section	Team(s)	Project description	Activity Status Update
Consents	Consents	Large/ significant application Processes	46. Te Mata Mushrooms HDC related consents received 150 submissions. HBRC - HDC joint hearing scheduled for 31 July – 2 August. 47. The applications lodged with HBRC & CHBDC for mushroom composting on a Mt Herbert Road Waipukurau site are on hold awaiting provision of more information.
			48. 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
			49. Wairoa District Council waste water discharge replacement consent application in process. Application on hold at applicants request to allow time for a community meeting prior to notification. Notification likely to occur in August.
			50. Takes from the Heretaunga Plains unconfined aquifer (approx. 200 lodged) expire 31 May and will be processed as a group, as requested by applicants, Awaiting a report on the individual and combined stream depletion effects.
			51. CHB issues and options and solutions report provided to the Environment Court at the end of June. HBRC provided 2 months to respond. This is being prepared.
			52. Michael Glazebrook Trust. Water storage and Augmentation Scheme proposal. To take water from the Ngaruroro River at times of high flow to fill dams with the purpose of augmenting the Ngaruroro River and the Karamu Stream Catchment.
	Consents	Appeals/ Environment Court	53. PanPac Environment Court hearing was held on 8 April. Decision made confirming consent and conditions as negotiated by parties in advance. Council staff commended for the quality of the s87F report.

Strategic Planning Group	Project description	Activity Status Update
Section / Team(s)	Project description	Activity Status Update
Policy & Planning	Statutory Advocacy	54. 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. 55. 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). 56. HBRC made a submission to the Bill on the 16 July 2019, a copy of which was circulated via email to all Councillors and is provided as an attachment to this agenda.
Policy & Planning	Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity	57. HPUDS Implementation Working Group (IWG) meeting anticipated mid-2019, HDC coordinating. 58. Quarterly reporting on urban development metrics as required by the NPS for Urban Development Capacity is ongoing. 59. No change since last report to Council 26 June 2019.
Transport	Transport Planning Road Safety Public Transport	60. Awaiting funding approval for the Hawke’s Bay Transport Study, due 26 July. As soon as this is received, procurement processes will commence. Governance and technical support arrangements have been confirmed by the Regional Transport Committee. 61. A draft national road safety strategy “Road to Zero 2020-30” has been released for public consultation, until 14 August. The Regional Transport Committee will submit on the proposal. 62. Staff are working on initial proposals for public transport improvements to reduce carbon emissions from private transport.

Asset Management Group		Project description	Activity Status Update
Section	Team(s)	Project description	Activity Status Update
Regional Assets	Engineering	Northern	63. Nuhaka River Road – river realignment –design completed, contractor engaged and start date of November agreed, subject to suitable ground conditions.
		Central	64. Level of service, Heretaunga Plains Rivers hydrodynamic modelling – examining effects of increased water levels on shear stress on berms and structures. 65. Rating schemes review –project planning underway. 66. Awanui Stopbank –options analysis and land matters. 67. Tutaekuri Stopbank Extension – upstream of Puketapu. Private funding, HBRC design and construction. Stopbank eventually to become part of HPFCS - initial modelling completed. 68. 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 17th June and this live document is now sitting on the Project Sharepoint.
		Southern	69. Upper Tukituki Scheme analysis of options for changes to rating system is currently underway. Consultant recommends increasing proportion of rates paid by urban and indirect benefit. This is part of overall scheme reviews.
	Schemes	Gravel Management	70. New proposed Maraekakaho River Access Road – consent submitted to HDC. 71. Global consent for gravel extraction drafted, notified and in consultation to finalise details.
	Schemes	Drainage	72. Eel management review and new COP drafted with interagency taskforce working group.
	Open Spaces	Te Mata Park	73. New parcel of Jacks land purchased by Trust, Open Spaces team offering assistance with planting advice, pest control, track design and maintenance input and fencing options as part of the Jacks Land Development Sub-Committee. 74. HBRC Works Group staff delivering 4 days a week service to the Trust up from 3 days a week.
		Hawea Historical Park / Karamu Stream Diversion	75. Draft park management plan prepared and under review. Management committee formed with monthly meetings underway. Work on the Koru wetland complete with a planting day to occur on 31 August 2019. Car park and track to summit of the mound currently in design phase. 76. Trust Deed lodged with Māori Land Court – hearing held on December 5. Decision from court remains outstanding.
		Waitangi Regional Park	77. 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. 78. Week long Matariki Celebration from 20-25 June complete with 20 school groups involved in planting programmes, 5,000 native trees and shrubs planted on the community planting day. 79. 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	80. 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	81. Bay View Whirinaki Extn: Finalising funding, presented to Pan Pac and working with affected land owners to confirm final route.
	Cycle Networks	NZCT Priority Project Ahuriri Underpass Flooding Safety Issues	82. Working with NZTA around solutions – possible seawall at Southern End. Detour for Northern End using Watchman Rd while feasibly study takes place. NZTA doing mural on underpass wall at Northern end.

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 August 2019 report.

Authored by:

Paul Barrett

Principal Consents Planner

Genevieve Bennett

Project Manager HB Biodiversity Strategy

David Carruth

Manager Regional Assets

Desiree Cull

Strategy and Projects Leader

Peter Davis

Manager Environmental Information

Ceri Edmonds

Manager Policy and Planning

Russel Engelke

Team Leader Open Spaces

Dean Evans

Catchment Manager Tukituki/Southern Coasts

Shane Gilmer

FEMP Project Coordinator

Keiko Hashiba

Terrestrial Ecologist

Nathan Heath

Catchment Manager (Wairoa/Mohaka)

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Gavin Ide

Principal Advisor Strategic Planning

Campbell Leckie

Manager Catchment Services

Dr Barry Lynch

Team Leader/Principal Scientist (Land Science)

Anna Madarasz-Smith

Team Leader/Principal Scientist Marine and Coast

Malcolm Miller

Manager Consents

Mark Mitchell

Team Leader/Principal Advisor, Biosecurity/Biodiversity

Keith Peacock

Team Leader (Compliance)

Anne Redgrave

Transport Manager

Dr Jeff Smith

Team Leader/Principal Scientist – Hydrology/Hydrogeology

Jolene Townshend

Programme Manager ICM Group

Monique Thomsen

Executive Assistant

Rohana Sergent

EA to Group Manager Integrated Catchment Management

Brendan Powell

Catchment Manager (Central)

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 31 July 2019

Subject: Report and Recommendations from the Regional Planning Committee

Reason for Report

1. The following matters were considered by the Regional Planning Committee meeting on 3 July 2019, and are now presented to Council for consideration and approval.

Agenda Items

2. The Making Plan Change 5 Operative – item sought the adoption, affixing Council’s seal, public notification and publication of Plan Change 5 to make it operative following Council’s receipt of the Environment Court’s final 7 June 2019 decision. The Committee resolved to receive the report and recommended that Council undertake the necessary actions to make Plan Change 5 Operative.

3. The TANK Plan Change (PC9) - Feedback and Recommendations Following Pre-Notification Consultation – item, deferred from the 15 May RPC meeting, summarised the advice received during the pre-notification consultation on draft PC9 and sought direction in relation to amendments required prior to public notification. Although the Committee did not make any resolutions, it was agreed that a targeted workshop sub-group would meet to work through four fundamental outstanding issues raised by the tāngata whenua to enable an amended draft PC9 that addresses those issues to be recommended for notification at the 14 August Committee meeting.

4. The TANK Plan Change Options for Notification and Beyond – item asked for the Committee’s guidance on a preferred plan change track and although the Committee did not make any resolutions, it was agreed that the Planning Team would start early conversations with the Ministry of the Environment to explore a Streamlined Planning Process.

5. The Outstanding Water Bodies Plan Change (PC7) – item presented the proposed plan change, seeking its adoption for public notification. After much discussion, the Committee unanimously agreed to the longer list of 38 outstanding water bodies being adopted for consultation. It was also agreed, and resolved, that iwi, through the submissions process, will be provided with funding and opportunity to provide additional evidence to fill the information gaps in respect of cultural and spiritual values to support the outstanding status of the water bodies.

6. The Update on Central Government Policy Announcements – item provided a brief overview of the extensive number of central government workstreams underway relating to resource management legislation and policy, and was taken as read.

7. The Resource Management Policy Project July 2019 Updates – standing item provided an update on progress being made on various plan change projects currently on the Committee’s work programme, and was taken as read.

8. This Statutory Advocacy July 2019 Update – standing item covered proposals assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project, and was taken as read.

Decision Making Process

These items were specifically considered at the Committee level.

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, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

2. Receives and accepts the Report and resolutions from the Regional Planning Committee, being:

Making Plan Change 5 Operative

2.1. That the Regional Planning Committee receives and considers the “Making Plan Change 5 Operative” staff report.

2.2. The Regional Planning Committee recommends that Hawke’s Bay Regional Council:

2.2.1. Agrees that the decisions to be made are the result of Resource Management Act plan change consultation processes and Environment Court proceedings and therefore able to be made without re-consulting directly with the community.

2.2.2. Approves Change 5 (Land and Freshwater Management) to the Hawke's Bay Regional Resource Management Plan in accordance with Clause 17 Schedule 1 of the Resource Management Act.

2.2.3. Agrees to staff making the necessary administrative arrangements (including a mandatory public notice) that Change 5 will become operative on a date sometime before 31 August 2019.

TANK Plan Change - Feedback and Recommendations Following Pre-Notification Consultation

2.3. The Committee did not make any resolutions, deferring the item to the 14 August meeting.

TANK Plan Change Options for Notification and Beyond

2.4. The Committee did not consider the item, deferring it to the 14 August meeting.

Outstanding Water Bodies Plan Change

2.5. That the Regional Planning Committee receives and notes the “Notification of Proposed Plan Change 7: Outstanding Water Bodies” staff report.

2.6. The Regional Planning Committee recommends that Hawke’s Bay Regional Council:

2.6.1. Adopts Draft Plan Change 7 as proposed, including the list of 38 outstanding water bodies and including amendments agreed at the 3 July 2019 Regional Planning Committee meeting, as Proposed Plan Change 7 to the Regional Resource Management Plan for public notification.

2.6.2. Acknowledges the need for further evidence to support the outstanding classification for some of those bodies listed for cultural and spiritual values.

2.6.3. Provides funding for the four identified iwi authorities (Heretaunga Tamatea, Te Rohe o Te Wairoa, Hineuru, and Ngati Ruapani ki Waikaremoana) to provide further evidence and information regarding cultural and spiritual values to support the outstanding status of water bodies where information gaps have been identified.

2.6.4. Publicly notifies Proposed Plan Change 7: Outstanding Water Bodies before 31 August 2019, and calls for submissions in accordance with clause 5 Schedule 1 Resource Management Act 1991.

2.6.5. Confirms that the closing date for receipt of submissions on Proposed Plan Change 7 will be extended beyond the statutory timeframe and be set at a date six months after notification.

2.6.6. Adopts the ‘Section 32 Evaluation Report: Plan Change 7 - Regional Resource Management Plan: Outstanding Water Bodies”, including amendments agreed at the 3 July 2019 Regional Planning Committee meeting, and makes it available for public inspection.

2.6.7. Requests staff identify a shortlist of suitable qualified and experienced Resource Management Act accredited Hearing Commissioners for consideration by the Regional Planning Committee for appointment to the Hearing Panel to hear and make recommendations on the proposed Plan Change 7 in response to submissions and further submissions received.

Update on Central Government Policy Announcements

2.7. That the Regional Planning Committee receives and notes the “Update on Central Government Policy Announcements” staff report.

Resource Management Policy Project May 2019 Updates

2.8. That the Regional Planning Committee receives and notes the “Resource Management Policy Project July 2019 Updates” staff report.

Statutory Advocacy May 2019 Update

2.9. That the Regional Planning Committee receives and notes the “Statutory Advocacy July 2019 Update” staff report.

Making Plan Change 5 Operative

3. Agrees that the decisions to be made are the result of Resource Management Act plan change consultation processes and Environment Court proceedings and therefore able to be made without re-consulting directly with the community.

4. Approves Change 5 (Land and Freshwater Management) to the Hawke's Bay Regional Resource Management Plan in accordance with Clause 17 Schedule 1 of the Resource Management Act.

5. Agrees to staff making the necessary administrative arrangements (including a mandatory public notice) that Change 5 will become operative on a date sometime before 31 August 2019.

Outstanding Water Bodies Plan Change

6. Adopts Draft Plan Change 7 as proposed, including the list of 38 outstanding water bodies following, as Proposed Plan Change 7 to the Regional Resource Management Plan for public notification.

ID	Name of outstanding water body	Outstanding value(s)
1	Hautapu River	Cultural, spiritual
2	Heretaunga Aquifer	Cultural, spiritual, geology
3	Karamu River	Cultural, spiritual
4	Kaweka and Ruahine Ranges wetlands	Cultural, spiritual
5	Lake Rotoroa and Lake Rototuna (Kaweka Lakes)	Cultural, spiritual, ecology, natural character
6	Lake Poukawa and Pekapeka Swamp	Cultural, spiritual
7	Lake Tūtira (including Aropaoanui River + Papakiri Stream)	Cultural, spiritual
8	Lake Waikareiti	Cultural, spiritual
9	Lake Waikaremoana	Cultural, spiritual, ecology, natural character, landscape & geology, recreation
10	Whakakī Lake - Te Paeroa Lagoon - Wairau Lagoon and wetlands	Cultural, spiritual, ecology
ID	Name of outstanding water body	Outstanding value(s)
11	Lake Whatumā	Cultural, spiritual, ecology
12	Makirikiri River	Cultural, spiritual
13	Mangahouanga Stream	Cultural, spiritual, geology
14	Maungawhio Lagoon, lower Kopuawhara River, Pukenui Dune Wetlands	Cultural, spiritual, ecology
15	Mohaka River	Cultural, spiritual, ecology, natural character, landscape & geology, recreation
16	Morere Springs	Cultural, spiritual
17	Ngamatea East Swamp	Cultural, spiritual, ecology, natural character
18	Ngaruroro River and Estuary	Cultural, spiritual, recreation, ecology, natural character, landscape, geology
19	Nuhaka River	Cultural, spiritual
20	Opoutama Swamp	Cultural, spiritual
21	Porangahau River and Estuary	Cultural, spiritual, ecology, landscape & geology
22	Putere Lakes	Cultural, spiritual
23	Ripia River	Cultural, spiritual
24	Ruakituri River	Cultural, spiritual, ecology, natural character, landscape & geology, recreation
25	Ruataniwha Aquifer	Cultural, spiritual, geology
26	Tarawera Hot Springs	Cultural, spiritual
27	Taruarau River	Cultural, spiritual, ecology, natural character, landscape & geology, recreation
28	Te Hoe River	Cultural, spiritual, ecology
29	Te Paerahi River	Cultural, spiritual
30	Te Whanganui a Orotū (Ahuriri Estuary)	Cultural, spiritual, ecology, landscape & geology
31	Tukituki River and Estuary	Cultural, spiritual, ecology, landscape & geology
32	Tūtaekurī River	Cultural, spiritual, geology
33	Waiau River	Cultural, spiritual, ecology
34	Waihua River	Cultural, spiritual
35	Waikaretaheke River	Cultural, spiritual
36	Waipawa River	Cultural, spiritual
37	Waipunga River	Cultural, spiritual, ecology
38	Wairoa River	Cultural, spiritual

7. Acknowledges the need for further evidence to support the outstanding classification for some of those water bodies listed, for cultural and spiritual values.

8. Provides funding for the four identified iwi authorities (Heretaunga Tamatea, Te Rohe o Te Wairoa, Hineuru, and Ngati Ruapani ki Waikaremoana) to provide further evidence and information regarding cultural and spiritual values to support the outstanding status of water bodies where information gaps have been identified.

9. Publicly notifies Proposed Plan Change 7: Outstanding Water Bodies before 31 August 2019, and calls for submissions in accordance with clause 5 Schedule 1 Resource Management Act 1991.

10. Confirms that the closing date for receipt of submissions on Proposed Plan Change 7 will be extended beyond the statutory timeframe and be set at a date six months after notification.

11. Adopts the ‘Section 32 Evaluation Report: Plan Change 7 - Regional Resource Management Plan: Outstanding Water Bodies”, and makes it available for public inspection.

12. Requests staff identify a shortlist of suitable qualified and experienced Resource Management Act accredited Hearing Commissioners for consideration by the Regional Planning Committee for appointment to the Hearing Panel to hear and make recommendations on the proposed Plan Change 7 in response to submissions and further submissions received.

Authored by:

Ceri Edmonds

Manager Policy and Planning

Leeanne Hooper

Principal Advisor Governance

Dale Meredith

Senior Policy Planner

Mary-Anne Baker

Senior Planner

Approved by:

Tom Skerman

Group Manager Strategic Planning

James Palmer

Chief Executive

Attachment/s

⇨1	Draft Proposed Plan Change 7 for Notification		Under Separate Cover
⇨2	OWB Plan Change 7 Section 32 Report		Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 July 2019

Subject: Future Farming Charitable Trust Council Appointment

Reason for Report

1. The purpose of this item is to provide the means for Council’s appointment of a Councillor trustee to the Future Farming Charitable Trust Board, so that the Trust can be formally established.

Background

2. The Future Farming Initiative (FFI) was created as an outcome of the Council’s consultation on the 2018-28 Long Term Plan.

3. The initiative formed from the widespread support for establishment of an independent farmer and grower led initiative to lead on-farm research and innovation focused on identifying practical, profitable and achievable options for farmers to improve environmental outcomes on their farms while maintaining and enhancing productivity.

4. An Establishment Working Group (EWG) was convened in October 2018 to establish the programme itself and the permanent governance and operational structure of the FFI. The following members of the EWG were appointed through a process of seeking expressions of interest.

4.1. Peter Kay, Scott Lawson, Patrick Crawshaw, Phyllis Tichinin, Barrie Ridler, Brent Paterson, John Macphee, Tim Aitken, Murray Cammock and Lochie MacGillivray.

4.2. Facilitated by the following HBRC representatives: Councillor Tom Belford (Chair), Councillor Fenton Wilson, Tom Skerman, Karina Campbell, Iain Maxwell and Brendan Powell.

5. The mission, vision and work programme developed by the EWG was presented to the Environment and Services Committee on 10 April 2019; summarised as:

5.1. Our ambition is to make Hawke’s Bay’s farming the pride of our entire community. To shine a light on our region’s existing and emerging expertise and create a local hub of knowledge, research, education and opportunity for profitable and resilient farming that ensures the health of the region’s soil and water, communities and farmers into the future.

5.2. Ongoing success will be indicated by measurable improvement in farm performance (environmentally and financially), enthusiastic acceptance of our food products by domestic and overseas consumers, and the pride our community demonstrates for its farming sector.

6. The EWG then focussed on the development of the Trust Deed and recruitment of the permanent trustees. The EWG was particularly mindful to ensure the selection process was robust. A local rural recruitment specialist, Rural Directions, was contracted to draw up the appropriate recruitment process and scope for nominations, manage the marketing and advertising for the role, and submit the full applicant details to the selection committee for short listing.

7. The advertising and recruitment process was widely visible within rural networks and resulted in an impressive list of 36 applications for the 8 trustee roles available. In June 2019 a selection committee (SC) was established with unanimous support from the EWG, comprising Peter Kay (Chair), Phyllis Tichinin, John Macphee, Fenton Wilson and Tom Belford. During June and July the SC reviewed all applications, shortlisted applicants to twelve, interviewed the shortlist and then selected eight preferred candidates to join Trust Board.

8. The EWG was pleased with the high calibre of all applicants, and was satisfied that the interview and selection process was robust, and transparent. The selection panel process has concluded and all interviewees have been informed of the result, with all preferred candidates indicating their acceptance of the positions. Names of all trustees will be made public as part of the Trust’s launch as outlined following.

Timeline

9. The following timeline represents the key milestones for the Future Farming Charitable Trust.

9.1. On 31 July the Regional Council to appoint the Councillor trustee (the ninth and final member of the Trust Board

9.2. By 2 August all trustee information and proof of identify needs to be compiled and sent to lawyers (Simpson Grierson). Simpson Grierson needs initial trust office/address/contact details and all trustees’ full names, residential addresses, occupations and dates of birth to complete the trust deed and incorporation/registration documents ahead of 8 August signing. Trustee proof of identity documents are required for Simpson Grierson AML/CFT compliance purposes.

9.3. On 7 August the draft of the funding deed for the Trust will be presented to the Environment and Services Committee for their consideration and recommendation to the 28 August 2019 Regional Council meeting for approval and signatures.

9.4. On 8 August, the draft funding deed will be provided to the first meeting of the Future Farming Charitable Trust (FFCT).

9.5. By 9 August the trust deed, initial resolution of FFCT and incorporation/registration documents will be signed by all trustees, and then sent to Simpson Grierson for immediate checking and filing. The Trust will be established upon execution of the trust deed and incorporation of the board should be confirmed within 5 days of filing.

9.6. On 28 August the final funding deed will be presented to the Regional Council for approval and sign off, after which the deed will be signed by all FFCT trustees.

9.7. After 28 August, outstanding Trust matters are expected to include Charities Act registration of the Trust, and donee organisation confirmation and withholding tax exemption from IRD.

9.8. Formal launch of the Trust will be scheduled after the new Regional Council has appointed its Councillor appointee.

Councillor Appointee

10. The draft trust deed (attached) was created by Simpson Grierson based on the core template from the Biodiversity Trust and with specific amendments for the Future Farming Charitable Trust. The Trust deed provides for a Councillor appointee to be a trustee, recognising:

10.1. HBRC’s role in both originating the Future Farming Initiative and supporting its progression through to final establishment

10.2. An additional layer of oversight of Council’s initial funding commitment through its 2018-28 Long Term Plan

10.3. Council’s ongoing interest and role in identifying and promoting land management practices consistent with the region’s environmental aspirations.

11. The specific provisions in the trust deed in relation to this issue are:

7.3.1 It is intended that the Trust Board will include one Trustee appointed by the Regional Council on account of the Regional Council’s anticipated provision of funding support to the Trust, and for this purpose:

(a) Subject to clause 7.3.1(b), the Regional Council has the power to appoint (and to remove), at any time and by ordinary resolution of the Regional Council (which the Council must notify to the Trust Board), one Trustee. [Insert name of Initial Trustee] is deemed to be the first Council-appointed Trustee under this clause.

(b) The Regional Council will not have the power to appoint a Trustee, and any Council-appointed Trustee will cease to hold office, if at any time the Trust Board and the Regional Council agree that, on account of the level of funding support (if any) provided by the Regional Council to the Trust at the relevant time or for any other reason, it is no longer appropriate for the Trust Board to continue to include a Council-appointed Trustee. Any such agreement may be subsequently rescinded by the parties.

(c) The Trust Board must notify the Regional Council if a Council-appointed Trustee ceases to hold office (other than by way of removal by the Council).

Suggested Process for appointment

12. Staff suggest that to facilitate formal establishment of the Trust, today’s meeting makes an interim appointment only, in consideration of Local Electoral Act provisions and requirements during the formal pre-election period which commenced 12 July 2019. These provisions include:

12.1. No candidate is to use Council resources for campaigning purposes

12.2. The Regional Council and its staff must maintain political neutrality at all times

12.3. The Regional Council and its staff must not support, or be perceived to support, any candidate through its communications or decisions.

13. At the first meeting following the Elections, Council can then appoint the Councillor trustee.

Supporting Information

14. Attached are the following supporting documents, for information purposes only.

14.1. Draft of Future Farming Charitable Trust Deed – note in particular section 7.3.1 regarding Council appointee.

14.2. Draft of Funding Deed which will be presented at Environment and Services Committee meeting on 7 August for review and recommendation to present to Council on 28 August for approval and sign off. Noting that the trustees will review this funding agreement before it goes to Council for approval at the end of August.

Next Steps

15. The new trustees will be meeting on 8 August to sign the Trust Deed and incorporation papers, appoint a Chair and Deputy Chair, and review and accept the terms of the funding deed as agreed by the Environment and Services Committee.

Decision Making Process

16. 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:

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

16.2. Provisions of the Local Electoral Act also apply, in relation to the decision and its implementation occurring during the formal pre-election period.

16.3. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That Hawke’s Bay Regional Council:

1. Receives and considers the “Future Farming Charitable Trust Council Appointment” staff report.

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 this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.

3. Appoints [enter name] as the interim Council-appointed trustee for Future Farming Charitable Trust under clause 7.3.1 of the Trust Deed.

4. Requests that staff communicate the name of the Council-appointed trustee to the other trustees.

Authored by:

Karina Campbell

Senior Project Manager

Approved by:

Tom Skerman

Group Manager Strategic Planning

Attachment/s

⇨1	Future Farming Charitable Trust - Trust Deed		Under Separate Cover
⇨2	Future Farming Charitable Trust - Funding Deed		Under Separate Cover

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 July 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 27 DP 13899 CT F4/423 - Agreement for Sale and Purchase - Transfer 1.1.2 Lot 43 DP 14448 CT G2/668 - Transfer 1.1.3 Lot 5 DP 4426 CT 55/95 - Agreement for Sale and Purchase - Transfer 1.1.4 Lot 19 DP 9788 CT E2/360 - Agreement for Sale and Purchase	4331 4332 4339 4340 4345 4342	20 June 2019 20 June 2019 26 June 2019 26 June 2019 23 July 2019 12 July 2019
1.2	Staff Warrants 1.2.1 M. Groves D. Keracher (Delegations under Resource Management Act 1991; Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174)) 1.2.2 A. Beattie A. Horrell M. Smiles J. Ellmers B. Focht L. Van Jaarsveldt (Delegations under Resource Management Act 1991; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174))	4343 4344 4333 4334 4335 4336 4337 4338
1.3	Confidentiality Deed between Hawke’s Bay Regional Investment Company Ltd, Napier Port Holdings Limited and Hawke’s Bay Regional Council	4341	10 July 2019

2. The Common Seal is used twice during a Leasehold Land Sale, once on the Sale and Purchase Agreement and once on the Land Transfer document. More often than not, there is a delay between the second issue (Land Transfer document) of the Common Seal per property. This delay could result in the second issue of the Seal not appearing until the following month.

3. When reporting each month, it may appear there are more Common Seals issued than properties sold. This month shows the Common Seal being used X times, but only X property sale. This is due to the timing issue noted above, as one Common Seal was for a Land Transfer from last month. The listed sales in the table reflect the true movement of leasehold properties.

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

4.1. 0 cross lease properties were sold, with 72 remaining on Council’s books

4.2. 3 single leasehold property was sold, with 95 remaining on Council’s books.

Decision Making Process

5. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

2.1 Sections 97 and 88 of the Act do not apply

2.2 Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided

2.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.

Recommendations

That Council:

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

2. Confirms the action to affix the Common Seal.

Authored by:

Trudy Kilkolly

Principal Accountant Rates and Revenue

Diane Wisely

Executive Assistant

Approved by:

Jessica Ellerm

Group Manager Corporate Services

James Palmer

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 July 2019

Subject: Timeline for the 2018-19 Annual Report

Reason for Report

1. This item sets out the timeline for the development and publication of the 2018-19 Annual Report. The process is complicated by the pending Napier Port IPO Transaction which affects the Group Financials and the Local Elections.

2. This item also sets out the content at a high level to give Councillors an opportunity to give early feedback.

Background

3. The Annual Report is a statutory requirement. It must be adopted no later than four months after the end of the financial year and made publically available within one month of adoption.

4. The purposes of the annual report are to:

4.1. compare actual financial and service performance against intended performance as set out in Year 1 of the 2018-28 Long Term Plan.

4.2. promote accountability to the community for the decisions made throughout the year by the Regional Council.

5. Schedule 10 of the Local Government Act (the Act) prescribes what must be included in the document. This necessitates are reasonably long document (last year’s document was 201 pages) with a strong financial focus.

6. Under the Act, the Council must also produce a Summary. The summary must not include any new information (not included in the full document) but does offer the opportunity to engage more effectively with the community. As in previous years, it is proposed to publish an abridged two-page Annual Report summary in Hawke’s Bay Today and the region’s other community papers. The Summary is also available online. Last year’s Summary was 12 A4 pages (including the Audit Opinion).

7. The Annual Report and the Summary are audited by Audit New Zealand. Last year Audit NZ expressed a qualified audit opinion on the Regional Council and group’s full audited financial statements and an unmodified audit opinion on the Regional Council and group’s other audited information.

8. The basis for the qualified audit opinion on the full financial statements was the result of Audit NZ being unable to obtain sufficient appropriate audit evidence to determine the tax effects of Ruataniwha Water Storage Scheme expenditure. The amount of tax deductions available in relation to the $19.594 million losses on the RWSS intangible asset has since been determined through a binding ruling from Inland Revenue Department (made in December 2018). The tax benefit will be recognised in HBRIC’s financial statements this year.

Key Dates

9. A special council meeting has been scheduled on 4 October 2019 to enable the adoption of the Annual Report prior to the dissolution of council for the election but after the audit of Group Financials. The scheduling of the audit has been delayed due to decisions relating to the Port IPO Transaction.

Napier Port Financials

10. At the time of writing this item, we are awaiting a determination from the Office of the Auditor General regarding the approved financial period of the Napier Port financials.

11. Over the course of the last few months it has come to our attention that because of the pending listing on the NZX, it is impractical for Napier Port to produce, as per the previous year, special purpose financial statements for year ending 30 June 2019. HBRC are legally obliged to publish its consolidated financial statements before 31 October 2019 through adoption and publishing of the annual report.

12. The financial disclosure for Napier Port of its 9 month financials to its majority shareholder would provoke a neccessity to publicly disclose finanicals for the same period to all shareholders and investors.

13. After much consideration HBRC, HBRIC and Napier Port feel the best option is to revert back to 31 March accounts for a number of reasons not limited to, but including:

13.1. The interpretation of the relevant International Financial Reporting Standards permit this.

13.2. It would significantly impact and divert time and effort of the Port management team to publicly disclose / announce the results to investors. The effort to communicate these earnings in a public-company environment is considerable. It is not just a simple matter of releasing the numbers.

13.3. If HBRC delays the publishing of the annual report beyond 30 October it is intentionally in breach of the law.

13.4. It is preferred to have the current sitting Councillors adopt the annual report for the year gone prior to election of a new council.

14. Conversations have taken place with Audit director Stephen Lucy, who will be in a position to agree to provide audit clearance on the 31 March rather than the 30 June Port accounts in mid August post a meeting with the Office of the Auditor General.

15. The table below sets out the key dates for Councillors in relation to the adoption of the Annual Report.

Date	Action
30 June 2019	Year-end
Thursday, 22 August 2019	Draft 2018-19 Annual Report sent to Councillors
Wednesday, 28 August 2019	Council adopt Draft 2018-19 Annual Report for audit
First 2 weeks of September	Audit of Draft 2018-19 Annual Report
TBC	Valuation of Napier Port
Last 2 weeks September	Audit of Group Financials (post valuation of Napier Port)
Wednesday, 4 October 2019	Special Council meeting to adopt 2018-19 Annual Report
Saturday, 12 October 2019	Local Election Polling Day
Friday, 1 November 2019	Annual Report and Summary published

Content

16. As noted above, the Annual Report content is prescribed by Schedule 10 of the Local Government Act 2002. As a consequence, there is a lot of mandatory information that must be included which results in a long, fairly technical document.

17. To improve the readability of the document and shift the focus to achievement (vs delivery) it is proposed to feature four case studies, one for each focus area from the 2017-21 Strategic Plan, i.e. land/water, biodiversity, infrastructure/ services. By including these in the full Annual Report document, these can also be used in the Summary, which will have a wider audience.

18. The proposed case studies are:

18.1. Climate Change, e.g. declaration and decision of Coastal Hazards Joint Committee to go to consultation (all four areas particularly Infrastructure and Services)

18.2. Erosion Control Scheme (Land and water)

18.3. Ecosystem Prioritisation (Biodiversity)

18.4. Napier Port (Infrastructure and Services)

19. The intent is to describe what we have done in these areas over the past 12 months and demonstrate how each work programme links to achievement of the 23 strategic goals (or outcome measures) in the 2017-21 Strategic Plan. This will include baselines for relevant outcomes measures (i.e. where are now) and projecting where we hope to be in the medium to long term.

20. Another innovation proposed to improve readability is a brief message from the Committee Chairs at the start of each Group of Activity section. This would be in addition to the Chair/ CE Foreword. For example, highlights from the perspective of the Chair of the Regional Transport Committee for the Transport Group of Activity.

21. As in previous years the content will be split into three parts.

CONTENTS PAGE

Part 1 – Introduction | Wāhanga 1 – Kupu Whakataki

· Message from the Chair and Chief Executive

· About the Annual Report

· Statement on the Development of Māori Capacity to Contribute to Decision-making Processes

· Community Outcomes

· Case studies

Part 2 – Groups of Activities | Ngā Whakarōpūtanga Kaupapa

· 2018-19 Non-financial Performance Progress Summary to 30 June 2019

· Governance and Partnerships

· Strategic Planning

· Integrated Catchment Management

· Asset Management

· Consents and Compliance

· Emergency Management

· Transport

Part 3 – Financials | Pūrongo Pūtea

· Financial Reporting Benchmarks

· Notes to the Financials

· Financial Impact Statements

· Report on Council Controlled Organisations

· Statement of Compliance and Responsibility

· Independent Auditor’s Report

Appendix 1 – Key activities for progressively implementing the 2014 National Policy Statement for Freshwater Management

Decision Making Process

22. 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 the “Timeline for the 2018-19 Annual Report” report.

Authored by:

Desiree Cull

Strategy and Projects Leader

Melissa des Landes

Acting Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager Corporate Services

Attachment/s There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 July 2019

Subject: Local Government Members (2019-20) (Local Authorities) Determination 2019

Reason for Report

1. This item covers the Local Government Members (2019-20) Determination 2019 (attached) outlining the elected member remuneration and allowances for the period 1 July until the end of the day on which the official result is declared for Hawke’s Bay Regional Council following the local government election on 12 October 2019.

Background

2. Each year the Authority determines the remuneration for elected members.

3. Having conducted a major review, including extensive consultation, of how elected members’ remuneration is calculated, the Remuneration Authority introduced the first change to remuneration in the 2018-19 determination, using the revised and updated Council size index.

4. Following the 12 October 2019 election, the second phase of the new approach will take effect as outlined in paragraph 11.

Elected Member Remuneration and Allowances

5. The split of payment for positions of additional duties remains consistent with the Council decisions made in November 2016, with the new rates for the period 1 July until the end of the day on which the official result is declared being:

Role	2018-19 (current)	1 July – 17 October 2019	% increase
Chairperson	$123,153	$127,436	3.47
Deputy Chairperson	$64,588	$66,287	2.63
Committee Chairperson	$64,588	$66,287	2.63
Councillor	$51,670	$53,030	2.63

6. *Please note that the Chairperson’s salary is reduced to allow for the private use of the Council provided vehicle as agreed with the Chairman, and calculated in accordance with Clause 9 of the Determination (attached).

7. The Determination was effective from 1 July 2019 so councillors’ remuneration will be back-dated.

8. The Authority has informed Council of some updates to the elected member allowances also effective from 1 July 2019, summarised following.

Allowance	2018-19 (Current)	1 July – 17 October 2019
Mileage Allowance – petrol or diesel	$0.73 per km	$0.79 per km
Mileage Allowance - Hybrid	N/A	$0.79 per km
Mileage Allowance – Electric Vehicle	$0.81 per km	$0.79 per km
Mileage Distance on Higher Rate	10,000 km per year	14,000 km per year
Mileage Allowance (after higher rate distance)	$0.37 per km	$0.30/km petrol/diesel $0.19/km hybrid $0.09/km electric
Threshold time on daily travel	8 hours in a 24 hour period	No change
Travel Time Allowances	$37.50 per hour (after the first hour of eligible travel)	No change
Communication Allowance	Limited to $1,190 per year	No change

9. The Authority has also introduced, in the Determination effective 1 July 2019, a childcare allowance for members who have responsibility for caring for children under the age of 14 years. Payment of this, as with all allowances, is at the discretion of each council.

10. Although the current Council could choose to pay this allowance for the period to the end of the triennium, staff recommend that the status quo is retained as far as allowances are concerned, and that a total Elected Members’ Remuneration and Allowances policy, including the option to offer payment of the Childcare allowance, is provided to the new Council post-election for consideration and decision alongside allocation of the pool.

Remuneration for the Chair of the Māori Committee

11. The Council previously resolved, 24 April 2016 that the remuneration for the Chair of the Māori Committee would be set at the same level as the payment to Councillors who carry out additional duties. In accordance with the latest Remuneration Authority Determination, remuneration for the Māori Committee Chair therefore increases to $66,287 effective 1 July 2019 for the period to 30 September 2019.

Remuneration after the Elections

12. In the past, the outgoing Council has ‘agreed’ the remuneration of the incoming Council based on the Remuneration Authorities’ determination effective 1 July of the election year. However, because following the October elections, the Remuneration Authority is changing the way that Councillor remuneration is distributed, this will not be the case this time around.

13. When each new council takes office following the 2019 election, it will be invited to give the Authority recommendations (by resolution) for how its pool ($557,483) should be distributed among the Council members. The recommendations will include a rate for base councillor remuneration (minimum $50,378) and rates for all/any positions of responsibility (except Council Chairperson) and must use the entire pool. The authority will then consider the Council’s recommendations before determining the remuneration payable to members.

Decision Making Process

14. 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 “Local Government Members (2019-20) (Local Authorities) Determination 2019” staff report.

Authored by: Approved by:

Leeanne Hooper

Principal Advisor Governance

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Attachment/s

⇩1	Remuneration Authority 2019 Determination
⇩2	4 July 2019 Advice from Rem Authority re Childcare Allowance

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 31 July 2019

SUBJECT: Confirmation of Public Excluded Minutes of the Regional Council meeting held on 26 June 2019

That the Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 16 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.
	Key Variable Items Following Approval of Minority Initial Public Offering	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.
	Assurance Papers	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.
	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.
	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.
	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.
	Chief Executive Performance and Remuneration Review	7(2)(a) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to protect the privacy of natural persons.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Authored by:

Leeanne Hooper

Principal Advisor Governance

Approved by:

James Palmer

Chief Executive

[1] NOTE: For the avoidance of doubt, the Hearings Committee is not delegated the functions, powers and duties to hear and make decisions on submissions made in relation to a proposed plan, policy statement, plan change or variation under the RMA. Such functions, powers and duties are delegated to a Panel of accredited RMA hearings commissioners appointed by the Council on an as needed basis, based on recommendations from the Regional Planning Committee.

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