	Agenda Item	Action	Responsible	Status Comment
1	Report and Recommendations from the Environment and Integrated Catchments Committee	Amount of land in QEII covenants in HB	I Maxwell	Information emailed to Councillors 14 February 2020 (Reference 1 following)
2	Cr Barker Notice of Motion: Council Name Change	Investigate changing name to Environment HB	J Palmer /J Ellerm	Item on 10 June 2020 Corporate & Strategic Committee meeting agenda
3	Significant Activities Through February 2020	Overview of Biosecurity activities including TB control, possum numbers and progress toward achieving Predator Free HB	M Mitchell /I Maxwell	Item on 8 April EICC meeting agenda
4	Discussion of Minor Matters not on the Agenda	Letter to GoBus acknowledging the impressive handling of the accident scene in Hastings by the 2 bus drivers at the scene	J Lawrence	Letter from Chair sent 11Feb20 (reference 4 following)

	Agenda Item	Action	Responsible	Status Comment
5	Minor Items Not on the Agenda	A presentation /delegation in relation to re-establishment of the rail line between Wairoa and Gisborne was requested	M Williams/ A Redgrave J Lawrence	Following the economic development workshop with councillors on 5 Feb, a meeting with Graeme Carroll (who wrote the BERL report and is a keen supporter of the rail link) took place on 14 February with the CE. Mr Carroll has been provided with a letter of in principle support (attached) and potentially Council may be able to make a small financial contribution to the collective funding of any subsequent PGF business case application.
6	HBRIC Ltd and Napier Port Holdings Ltd Director Appointments	Information Protocol agreed prior to IPO to be provided to councillors, and Council workshops to cover Governance and Functions of both Napier Port and HBRIC to be scheduled	J Ellerm /J Palmer	Information Protocol to be circulated by J Ellerm by end of March. Staff continue to seek opportunities for Council workshop within meeting schedule parameters.

	Agenda Item	Action	Responsible	Status Comment
7	Adoption of Standing Orders	Re-write of standing orders to be more specific to HBRC	R Barker /M Williams	Verbal update to be invited at the 26 February meeting

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 February 2020

SUBJECT: Significant Activities through March 2020

Reason for Report

1. The following commentary is provided for Councillors’ information, to inform them of the status of significant areas of Council activity.

Significant Organisational Work Streams

NPS for Freshwater Management
Project / Activity	Significant Milestone(s)
Description	Upcoming	Team & Group or Section
Outstanding water bodies plan change (PC7)	1. Publicly notified on 31 August 2019. Submissions close on 28 February 2020. RPC will be asked to make Hearing Panel appointments on 15 April.	Strategic Planning Policy & Planning
TANK plan change (PC9)	2. RPC to workshop TANK plan change outstanding issues on 26 February in anticipation of decision on notification of the plan mid-late March 2020.	Strategic Planning Policy & Planning
Mohaka Plan Change	3. Following meetings with PSGEs scheduled during February 2020, staff will further engage with iwi and progress the co-design of the plan change with Ngāti Pāhauwera.	Strategic Planning Policy & Planning Team

Southern Catchments
Project / Activity	Significant Milestone(s)
Description	Upcoming	Group /Team or Section
CHBDC Wastewater discharge consents	4. Report on future actions to address CHBDC municipal wastewater discharges agreed to by both CHBDC and HBRC was provided to and accepted by the Environment Court. 5. Actions proposed now require further resource consents by CHBDC for new and amended discharges. Staff have met with CHBDC to discuss implementation of the agreed strategies and funding, and a more detailed programme of works will be provided to HBRC.	Regulation Consents & Compliance

Central Catchments
Project / Activity	Significant Milestone(s)
Description	Upcoming	Group /Team or Section
Heretaunga Plains Scheme review	6. Hydrodynamic modelling for Tutaekuri being constructed - to model 100yr, 200yr and 500yr flood scenarios, incorporating climate change. 7. Communication and consultation plan being discussed with internal stakeholders 8. Land matters being investigated for future engineering options.	Asset Management Regional Projects
Flood Control Schemes	9. Review of functionality, level of service provided, equity and accuracy of rating areas for the flood control schemes. Esk Catchment review is commencing in February. 10. Asset Management Plans and framework review. Consultant engaged to provide gap analysis and ongoing assistance. Report due March.	Asset Management Engineering
Clive River Dredging	11. Working through land issues and Iwi consultation including ongoing negotiating for land availability The Property Group is assisting with the market valuation etc.	Asset Management Regional Projects
Te Whanganui-ā-Orotu (Ahuriri Estuary	12. A consultant engineer has been engaged to assess the risk of steam bank erosion and stream bed degradation of Wharerangi Stream and recommend engineering solutions with this work set to being in February.	Integrated Catchment Management Project Manager Environmental Hotspots
Lake Tūtira (Te Waiū o Tūtira, the Milk of Tūtira), HBRC partnership with Maungaharuru-Tangitū Trust, 2018-2022	13. It is anticipated that the Cultural Health Monitoring Tool will be ready for the first round of monitoring in February/March 2020.	Integrated Catchment Management Project Manager Environmental Hotspots
	14. Kahakanui Stream Bridge geotech investigation complete and detailed design underway. Engineering cost estimate is higher than original budget so investigating alternatives.	Asset Management Regional Projects
	15. Both Tutira and Waikopiro have had reasonable seasons this summer, despite power operational issues troubling the air curtain, and a layer of algae persisting at around 10m depth in Tutira. It is difficult to predict whether algae levels will get better or worse for the remainder of the season.	Integrated Catchment Management Environmental Science
Gravel Management	16. Detailed design and procurement underway for proposed Maraekakaho River Access Road, with some minor construction work (culvert installation) to commenced beginning of February. 17. Global gravel extraction consent conditions amended following submissions, and staff are meeting with all submitters to attempt to resolve issues to avoid the need for a Hearing. 18. Gravel allocation 2020-21 programme scheduled including consultation with extractors during Feb/Mar.	Asset Management Regional Projects/Schemes
Heretaunga Plains water take renewals	19. Takes from the Heretaunga Plains unconfined aquifer (approx. 200 lodged) expired 31 May 2018 and are being exercised under s124. These are being processed as a group, as requested by applicants. Report on the individual and combined stream depletion effects now received. Draft report being prepared for discussion with parties. Decision on notification pending.	Regulation Consents
Heretaunga Plains Urban Development Strategy & NPS for Urban Development Capacity	20. Future HPUDS Implementation Working Group meeting schedule for next triennium is being coordinated by Hastings District Council. 21. Quarterly reporting on urban development metrics as required by the NPS for Urban Development Capacity is ongoing. Reports published at www.hpuds.co.nz/resources. 22. Planning staff liaising with officials at MFE & MPI regarding further drafting of the proposed National Policy Statement on Highly Productive Land before it gets approved by Ministers and comes into legal effect in mid 2020.	Strategic Planning Policy & Planning
Public Transport	23. Ongoing monitoring of late running issues during February-March to determine effectiveness of route changes introduced in December.	Strategic Planning Public Transport
HB Transport Study	24. Request for tender released for development of a programme business case, the third stage of the HB Transport Study/
Regional Land Transport Plan	25. Commencing development of the strategic front-end of the 2021 Regional Land Transport Plan. A workshop on 27 March will look at innovative solutions to manage traffic growth and transport emissions.
Bayview/Whirinaki track	26. Preliminary alignment and land matters under investigation, with initial communication with affected parties under way, working with NCC/HDC.	Asset Management Regional Projects
NZCT Priority Project Ahuriri Underpass Flooding Safety Issues	27. Working with NZTA around solutions – seawall plan is being finalised by OPUS for Southern End. Funding deficit, asking balance from NZTA. Due to be completed by June 2020. Detour for Northern End using Watchman Rd, signage being installed in Feb/March.	Asset Management Open Spaces
Te Mata Park	28. Working with HDC to complete safer off-road section parallel to Waimarama Road, for all trail users. HDC to complete iwi consultation Fri 21 Feb, expected completion by end of 2020.	Asset Management Open Spaces
Soil conservation nursery expansion	29. A new area of poplar and willow nursery will begin to be developed this Autumn, to supply an additional 20,000 poles/annum in 3 years time to enable milestones in year 4 of the Hill country erosion programme to be met.	Integrated Catchment Management Catchment Management
Hawea Historical Park / Karamu Stream Diversion	30. Draft park management plan prepared and under review. Management committee formed with monthly meetings underway. 31. Construction of the carpark will take place in Autumn 2020.	Asset Management Open Spaces Regional Assets
Waitangi Regional Park	32. Earthworks for future marquee area completed and awaiting topsoil and grass. Planning for Matariki week-long event at the Park. 33. Overflow car park to be constructed in Autumn 2020 34. New Waikahu wetland functioning well as a biodiversity habitat.	Asset Management Regional Projects

Northern Catchment
Project / Activity	Significant Milestone(s)
Description	Upcoming	Group /Team or Section
Predator Free Hawke’s Bay	35. PFHB is hosting a two day workshop with PF2050 Ltd for all currently funded PF projects as well as some new projects in the pipeline. This is a valuable opportunity for the projects to share knowledge and experiences as we all navigate the challenge to becoming predator free. 36. The first meeting of the Whakatipu Mahia Trust will get underway. This trust will drive outcomes led by the community for the community and the enhancement of the Mahia peninsular. 37. Bait station installation of phase one 5,500 ha will be completed	Integrated Catchment Management Catchment Services
Nuhaka River Road	38. HBRC assisting WDC, as required, with consultation on preferred option.	Asset Management Regional Projects
WDC Wastewater discharge consent	39. Wairoa District Council wastewater discharge replacement consent application was notified on 10 August 2019 with the submission period closing on 13 September 2019. 22 submissions were received by the closing date. A prehearing meeting was held on 17 October 2019 and a further prehearing is scheduled for 28 February 2020.	Regulation Consents

Biosecurity / Biodiversity
Project / Activity	Significant Milestone(s)
Description	Upcoming	Group /Team or Section
Biodiversity	40. The proposed National Policy Statement on Indigenous Biodiversity has been released for consultation, closing 14 March. MfE has signaled intent for this NPS to get Ministers’ approval and come into legal effect mid 2020. LGNZ on behalf of the wider local government sector has drafted a submission. Key HBRC staff reviewed the proposed NPS-IB and are drafting a submission in liaison with staff from the region’s city and district councils.	Integrated Catchment Management Biodiversity Strategic Planning Policy and Planning
Biodiversity priority ecosystems	41. High resolution aerial imagery has been captured (in partnership with BOPRC) over frost flats south of Lake Taupo and is being processed. Mapping of wilding pine infestations will begin once the imagery has been processed which will guide management decisions. Frost flats are a historically rare ecosystem, developing in a harsh environmental conditions, and occur nowhere else on the planet.	Integrated Catchment Management Biodiversity
Plant pests	42. The woolly nightshade control programme will be undertaken in both urban and rural areas. 43. Boom spraying of TaskForce at large Chilean needle grass sites on willing landowner properties to be undertaken.	Integrated Catchment Management Pest Management
Possum management	44. HBRC, in partnership with WDC, will be initiating a semi urban possum control programme this month. 45. HBRC, in partnership with DOC, will be managing possum control in DOC estates at Elsthorpe, Hatuma, Tangoio and White pine scenic reserves	Integrated Catchment Management Pest Management
Bovine Tuberculosis	46. TB has been detected in 29 cattle (9 herds) near the Napier-Taupo road. Infection is from wildlife north of the area (most likely possums) which has been under OSPRI management. It is not part of the HBRC possum control area programme. 47. A further 15 herds are currently under investigation. Some of these are expected to have infected animals. 48. OSPRI, which manages the national TBfree programme, has expanded its regional office in Napier to lead a response. Their focus is possum control, TB testing and stock movement controls. 49. OSPRI is expanding the livestock movement control area (MCA) in Hawke’s Bay from 1 March. Cattle and deer heading for stock sales need to have returned a clear TB test within 60 days prior to the date of movement. Movements directly to slaughter are exempt from these requirements 50. Small clusters of disease outbreak like this are not uncommon. They’re expected from time-to-time in an eradication programme such as this, which spans decades. There is minimal risk to human health, though health authorities advise against the consumption of unpasteurised milk. 51. OSPRI’s planned possum control will impact on HBRC’s possum control programme. HBRC is working with OSPRI.	Integrated Catchment Management Pest Management

Significant Team and Section Work Streams

Environmental Science
Project / Activity	Significant Milestone(s)
Description	Upcoming	Group /Team or Section
3D Aquifer Mapping	52. Helicopter survey has been successfully completed, on budget and ahead of schedule, in the Ruataniwha, Heretaunga and Otane/Poukawa aquifer systems. Public enquiries and concerns were received and managed effectively, as part of an excellent PR campaign from HBRC MarComms. Data processing, additional data collection and modelling work will now continue until project closure in February 2023.	Integrated Catchment Management Hydrology/ Hydrogeology

Regulation
Project / Activity	Significant Milestone(s)
Description	Upcoming	Group /Team or Section
Large/ significant application Processes	53. Te Mata Mushrooms HBRC - HDC joint hearing issued their decision on Te Mata Mushroom on 20 December 2019. This decision was to allow the activity to continue to operate, to upgrade on a specific time scale and to expand production once improvements are made and demonstrated to be effective in terms of no offensive odour. Two appeals were lodged by the close of the appeal period on 31 January 2020. The Court has now issued directions to HBRC and HDC to set out a mediation process by end March 2020. 54. The applications lodged with HBRC & CHBDC for mushroom composting and production by Te Mata Mushrooms on a Mt Herbert Road Waipukurau site are on hold awaiting provision of more information. 55. Omaranui landfill expansion application received and to be notified at the applicants request.	Consents
Major consents on hold	56. HBRC gravel extraction Ngaruroro, Tukituki, Waipawa and Tutaekuri. Applicant consulting with submitters. 57. Landcorp and NCC consents for discharging stormwater and drainage water into the Ahuriri Estuary. 58. Ruataniwha Tranche 2. 59. 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
Low flows Complaints (odour) Enforcement National Environmental Standard for Plantation Forestry (NESPF)	60. River flows continue to drop with no significant rain in the long-range forecast. The compliance and water information services team have been working together on ban notifications and low-flow management. We’re not aware of anyone blatantly ignoring bans and staff will be monitoring compliance in the field and this may include fly-overs. 61. We have received a large number of odour complaints relating to the Awatoto Industrial area. Staff have been responding and following up. This has resulted in a number of infringements and abatement notices issued to businesses operating at Awatoto. Staff will continue to respond and take appropriate enforcement action, including higher level enforcement to achieve compliance. 62. The Enforcement team currently have over half a dozen prosecution investigations in progress at varying stages before the courts. We will report back to council on these when we are able to. 63. Compliance with the NESPF is being monitored by staff, this is being done on a risk prioritisation basis. We are further assessing resourcing needs for the LTP as more forestry comes out of rotation for harvest. We are review HBRCs draft Erosion and Sediment Controls in light of new Forestry Association industry guidance.	Compliance

Strategic Planning
Project / Activity	Significant Milestone(s)
Description	Upcoming	Group /Team or Section
Ngaruroro River & Clive River Water Conservation Order (WCO) application	64. Pre-hearing expert witness conferencing is scheduled to occur over March. Four sessions are currently scheduled covering hydrology, water quality, avifauna, fish and planning. 65. The Environment Court hearing is scheduled for the weeks of 25 May and 1 June 2020.	Strategic Planning Policy & Planning
High Court proceedings for applications under Marine and Coastal Area (Takutai Moana) Act 2011	66. The Clarkson application has been determined to be one of the priority application. 67. The Court has set the hearing date for the 2 November 2020.
Climate Change Response Programme Development	68. Regional engagement programme under development, including preliminary liaison with city and district councils and iwi. Staff report to be presented to Maori Committee meeting 4 March as agreed at February meeting of Environment and Integrated Catchments Committee. 69. Staff leading this programme development project are to liaise with councillors Barker, Ormsby and Williams about scope and priorities of project and governance arrangements (as agreed at February meeting of Environment and Integrated Catchments Committee).
Statutory Advocacy (upcoming national direction from Central Government)	70. Government officials have invited staff to be involved in possible revisions to the proposed NPSs for Highly Productive Land and Urban Development. Joint HB council submissions on both were lodged in November 2019. 71. Proposed National Policy Statement for Indigenous Biodiversity (NPSIB), submissions close 14 March 2020. 72. Taumata Arowai – Water Services Regulator Bill submissions close 4 March 2020. 73. MfE has a web-page dedicated to national direction instruments under the RMA: https://www.mfe.govt.nz/rma/national-direction/status-of-national-direction-instruments
LGA Corporate Planning and Organisation Performance	74. Annual Plan 2020-21 – draft budget and early content to be workshopped by Council 11 March 2020. 75. Strategic Plan refresh – changes agreed at 11Feb council workshop to be presented to Maori Committee then brought back to council on 1 April 76. Long Term Plan project– level of service reviews underway and to be presented to council in a series of workshops starting 22 April 2020. Pre-engagement community meetings (Napier, Hastings, Wairoa, CHB) scheduled for May 2020.	Strategic Planning Strategy & Projects Team

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 March 2020 staff report.

Authored by:

Paul Barrett

Principal Consents Planner

Desiree Cull

Strategy and Projects Leader

Peter Davis

Manager Environmental Information

Ceri Edmonds

Manager Policy and Planning

Dean Evans

Catchment Manager Tukituki/Southern Coasts

Craig Goodier

Team Leader Engineering

Martina Groves

Manager Regional Projects

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

Dr Kathleen Kozyniak

Principal Scientist (Air)

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

Thomas Petrie

Project Manager Environmental Hotspots

Brendan Powell

Catchment Manager (Central)

Dr Jeff Smith

Manager Scientist

Thomas Wilding

Team Leader Hydrology Hydrogeology

Vicki Butterworth

Cycle Network Coordinator

Ben Douglas

Forest Management Advisor

Anne Redgrave

Transport Manager

Nick Zaman

Manager Compliance

Approved by:

Chris Dolley

Group Manager Asset Management

Jessica Ellerm

Group Manager Corporate Services

Liz Lambert

Group Manager Regulation

Iain Maxwell

Group Manager Integrated Catchment Management

Tom Skerman

Group Manager Strategic Planning

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 February 2020

Subject: Hawke’s Bay Region Triennial Agreement for the Triennium October 2019 – 2022 for Adoption

Reason for Report

1. This item provides Council with the final version of the Triennial Agreement for adoption as required by the Local Government Act (LGA) section 15, by 1 March 2020.

Officers’ Recommendation(s)

2. Council officers recommend that Hawke’s Bay Regional Council adopts the 2019-22 Triennial Agreement attached, as agreed by all other signatories, and delegates the Chief Executive and Chair to sign the document and enter into the Agreement.

Executive Summary

3. The version of the 2019-22 Triennial Agreement proposed for adoption today is the result of an iterative process of review by the Hawke’s Bay Leaders Forum comprised of the region’s Mayors, Chief Executives (CEs) and the Regional Council Chair, and includes the amendments requested by councillors at the Regional Council meeting on 18 December 2019.

4. The Agreement has been adopted by resolution and entered into by all four of the TLA primary parties, and agreed by the Rangitikei and Taupo Mayors and CEs (as non-primary parties) via teleconference on 17 February 2020.

Background /Discussion

5. Development of the 2019-22 Triennial Agreement was initiated by the HB Leaders Forum immediately following the 2019 Local Elections, at the first meeting of the group. Subsequently, the Agreement has been reviewed by each of the primary parties through workshops with newly elected councillors, and feedback provided to the Leaders Forum, who have recommended the final version for adoption.

6. Amendments incorporated into the previous Agreement through the development phase include:

6.1. Re-ordered the document sections

6.2. Re-worded, to simplify, section 2. Purpose of the Agreement being “to provide the framework for local government in the region to:

6.2.1. work collaboratively

6.2.2. improve communication and coordination at all levels

6.2.3. maximise effectiveness and efficiency

in order to meet the purposes of Local Government to:

6.2.4. enable democratic local decision-making by and on behalf of communities

6.2.5. promote the social, economic, environmental and cultural wellbeing of communities in the present and for the future”

6.3. Updated the introductory paragraph of section 3. Principles to further support the purpose of the Agreement, by:

6.3.1. adding “to develop our collective strategic capacity from available resources and achieve our strategies by working together, through co-design and partnership so every whanau and every household is actively engaged in growing a thriving Hawke’s Bay economy to support inclusive and connected communities and sustainable and resilient environments.”

6.4. Added 4. Strategic Priorities and aligned those to the five pou (pillars) of Matariki, with inclusion of the representative diagram

6.5. Added 6. Benefits Realisation section and Appendix One: Reporting to initiate tracking and reporting achievements in the strategic priority areas to the HB Leaders Forum

6.6. Simplified section 8. Consultation in Relation to the Regional Policy Statement.

7. Following receiving feedback on the Agreement from each of the region’s councils, the HB Leaders Forum met and agreed the Agreement to be put to all councils for adoption in time to meet the legislative deadline of 1 March 2020. This version includes the Regional Council’s 18 December 2019 suggested amendments, with amendments shown in red italicised text following.

7.1. Develop joint approaches to the development of Annual and Long Term plans and, where appropriate, to engagement with Central Government, iwi governance bodies and tribal entities, national agencies and community organisations.

7.2. Establish, as necessary, other forums including bi-lateral meetings, at both political and operational levels that will help enhance and achieve the purpose of this Agreement.

7.2.1. In addition to the bi-lateral meetings reference in the Agreement as above, Council will consider an item at the 11 March Corporate and Strategic Committee meeting to discuss and recommend an approach to the establishment of strategic bilateral meetings between Hawke’s Bay Regional Council (HBRC) and the TAs across the Hawke’s Bay region to ensure consistent engagement on infrastructure challenges and issues that impact on the receiving environment, taking into account the effects of climate change.

Options Assessment

8. There is no option for Council other than to enter into the Triennial Agreement by 1 March as required by LGA section 15.

Strategic Fit

9. The Triennial Agreement is one of the vehicles that assists Council to achieve its strategic goals and objectives in the Sustainable Services and Infrastructure area, including:

9.1. High performing regional infrastructure enables the region’s natural resources to transform into goods and services that underpin the prosperity and wellbeing of the Hawke’s Bay community

9.2. The region has resilient physical, community and business infrastructure to unlock potential growth and prosperity from our natural resources base

9.3. Work with others to implement the Matariki Hawke’s Bay Regional Economic Development Strategy and Action Plan

9.4. Strategically plan for future coastal erosion and sea level rise with Napier City and Hastings District councils.

10. The Agreement also reinforces the organisation’s values of partnership, collaboration and accountability as a means to:

10.1. Work with our community in everything we do

10.2. Hold ourselves to account to deliver results, be responsive to community expectations, and the best use of ratepayers’ funds and assets

10.3. Develop our skills and capacity to partner with Tangata Whenua, communities, councils, central government, businesses, farmers and growers for collective action

10.4. Clearly identify the core business priorities for our communities and target our resources and capabilities for tangible results, alongside the resources of partners.

Decision Making Process

11. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

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

11.2. The use of the special consultative procedure is not prescribed by legislation.

11.3. The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

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

11.5. 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. 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 with the community.

2. Adopts the Hawke’s Bay Region Triennial Agreement for the Triennium October 2019 – 2022 as agreed and proposed by the Hawke’s Bay Leaders Forum.

3. Delegates the Hawke’s Bay Regional Council Chairman and Chief Executive to sign and therefore enter into the Hawke’s Bay Region Triennial Agreement for the Triennium October 2019 – 2022.

Authored by:

Leeanne Hooper

Governance Lead

Approved by:

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

James Palmer

Chief Executive

Attachment/s

⇩1

Hawke’s Bay Region Triennial Agreement for the Triennium October 2019 – 2022

Hawke’s Bay Region Triennial Agreement for the Triennium October 2019 – 2022

Attachment 1

1. Parties

The parties to this Triennial Agreement (the Agreement) are:

1.1 Primary Parties

(those local authorities whose boundaries are completely encompassed within the Hawke's Bay Region)

• Central Hawke's Bay District Council

• Hastings District Council

• Hawke's Bay Regional Council

• Napier City Council

• Wairoa District Council

1.2 Non-Primary Parties

(Those local authorities whose boundaries bisect the Hawke's Bay Region and whose principal identification is with another Region)

• Rangitikei District Council

• Taupo District Council

This Agreement applies to all local authorities in the Hawke's Bay Region. However, it is recognised that for Non-Primary Parties the degree of involvement in various aspects of the Agreement will be in proportion to the degree to which these parties assess how they will benefit or be affected by decisions, issues, proposals or other matters.

2. Purpose

The Triennial Agreement provides the framework for local government in the Hawke's Bay region to:

2.1 work collaboratively

2.2 improve communication and coordination at all levels

2.3 maximise effectiveness and efficiency

in order to meet the purposes of Local Government to:

2.4 enable democratic local decision-making by and on behalf of communities

2.5 promote the social, economic, environmental and cultural wellbeing of communities in the present and for the future.

This agreement is deemed to duly constitute fulfilment of the requirements of section 15 of the Local Government Act 2002.

It should be noted that as well as the encouragement towards collaboration, the Local Government Act 2002, and other legislation including the Resource Management Act 1991, recognises that regional councils and territorial authorities have different responsibilities. These differences provide an important context for collaboration between the Councils. The requirements contained in legislation for collaboration between Local Authorities are contained in Appendix Two to this Agreement.

3. Principles

Parties to this Agreement agree to work together in good faith for the good governance of their local communities and the Region; to develop our collective strategic capacity from available resources and achieve our strategies by working together, through co-design and partnership so every whānau and every household is actively engaged in growing a thriving Hawke’s Bay economy to support inclusive and connected communities and sustainable and resilient environments. In doing so, we:

3.1 acknowledge that the communities within the Region are diverse and encompass a range of desired outcomes and objectives

3.2 support the establishment of processes for communication and collaboration at both governance and management levels in ways that will enhance the overall performance and reputation of local government in the region

3.3 recognise that collaboration and co-operation between local authorities of the Region can bring efficiencies in terms of planning, administration costs and decision-making and consultation. There is also the potential to increase available resources and promote co-operative approaches in making strategic choices

3.4 will investigate further opportunities for collaboration, co-operation, regional funding and shared services between local authorities of the Region in addition to those prescribed by statute or already being undertaken

3.5 agree that collaborative or shared services opportunities may occur between two or more parties to this Agreement, but not in every case between all parties to this Agreement. Although collaboration and co-operation are outcomes that should be strived for, each local authority has the legislative mandate to govern their own area as appropriate

3.6 will make every effort to accommodate, acknowledge, or at least fairly represent the dissenting view where some parties to this Agreement have a significant disagreement with the position of other parties to the Agreement

3.7 will show leadership to ensure the implementation of this Agreement makes a positive difference for Hawke’s Bay.

4.1 Local Government priority areas for the 2019-22 triennium, aligned to the five pou of Matariki (above) and agreed by the Hawke’s Bay Leaders’ Forum on 25 November 2019, are (in no particular order):

· Water – safety, security and planning

· Climate Change – adaptation and mitigation

· Social Inclusion – a thriving society where everyone can participate and make a significant contribution

· Housing – regionally focused housing strategy

· Economic Development and Tourism

· Transport.

4.2 Priority areas where cooperative approaches exist include:

· Water – Drinking Water safety and security response to Havelock North contamination Inquiry recommendations through Joint Working Group and HB Drinking Water Governance Joint Committee comprising elected representatives of the five local authorities, the District Health Board and Ngāti Kahungunu

· Water – Regional Three Waters review of the provision of drinking, waste and storm water services

· Climate Change – Clifton to Tangoio Coastal Hazards Strategy development through the Joint Committee comprising representatives of NCC, HDC, HBRC and Tangata Whenua

· Transport – Regional transport planning through the Regional Transport Committee comprising representatives of the five local authorities and the NZ Transport Agency

4.3 Priority areas to develop, or further develop, cooperative approaches include:

· Water – freshwater management issues, including Three Waters infrastructure and service delivery to meet requirements of Central Government reform

· Climate change – the development of a coordinated regional response to a changing climate, including integration with regional transport and hazard management planning

· Information sharing and strategy development – regional Elected Representatives’ fora (workshops) on topics of regional priority will be held as required, and at least twice per year.

4.4 Any new priorities or services of significance to more than one district will be communicated to the Chief Executives by the Hawke’s Bay Leaders’ Forum for further development in accordance with the protocols in section 5 following.

5. Protocols for communication and coordination

It is recognised that a significant level of formal and informal cooperation already exists between Hawke’s Bay’s local authorities. Further to this existing cooperation, parties to this Agreement will:

5.1 Hold monthly meetings of the Mayors of the primary parties and the Regional Chairman (aligned to the other Committee meetings as appropriate) to formally communicate and coordinate on matters of mutual interest, in accordance with arrangements detailed in Appendix Two.

5.2 Invite the Chief Executives of the primary parties to attend every Forum for a period of time.

5.3 At the first meeting following the local body elections, elect a Chair of the Forum from among the attendees. The Council whom the elected Chair represents will provide the administrative support for the Forum for that triennium.

5.4 Share resources where feasible for the purposes of preparing information on the various communities in the region. These resources may include information on demographics, survey data, scientific studies and the analysis of social, economic, environmental and cultural trends.

5.5 Develop joint approaches to the development of Annual and Long Term plans and, where appropriate, to engagement with Central Government, iwi governance bodies and tribal entities, national agencies and community organisations.

5.6 Provide early for notification of, and participation in decisions that may affect other local authorities in the region.

5.7 Make draft strategies, policies, and plans available to other local authorities in the region for discussion and development, where they may have regional implications or implications beyond the boundaries of the decision-making council.

5.8 Apply a “no surprises” policy whereby early notice will be given over disagreements between local authorities concerning policy or programmes before the matter is put out to the public.

5.9 Review the performance of the Triennial Agreement and benefits realised in the priority areas at least quarterly, as outlined in section 6 following.

5.10 Establish, as necessary, other forums including bi-lateral meetings, at both political and operational levels that will help enhance and achieve the purpose of this Agreement.

5.11 Provide a process for initiating reviews of regional forums that are not working optimally in the view of one or more parties.

6. Benefits Realisation

Achievements in each of the priority areas will be reported to the HB Leaders Forum quarterly, in a format to be agreed by the Forum.

7. Significant New Activities Proposed By Hawke's Bay Regional Council

If the Regional Council or a Regional Council controlled organisation proposes to undertake a significant new activity, and these activities are already undertaken or proposed to be undertaken by one or more territorial authorities within the region, Section 16 of the Local Government Act applies.

However, in the spirit of this Agreement, the parties agree to an expanded consultation and communication process which includes discussion of the issues involved at the first available monthly meeting (see 5.1 above), and to provide drafts of proposals to affected Councils for early comment in accordance with the requirements of sections 77-87 of the Local Government Act (decision-making and consultation).

The parties also agree that prior to implementing the formal provisions of section 16^{^[1]}:

7.1 the Regional Council will inform all territorial authorities within the region of

7.1.1 the nature of the activity proposed to be undertaken

7.1.2 the scope of the proposal (including size, districts covered, and why)

and

7.1.3 the reasons for the proposal.

7.2 territorial authorities will be given a reasonable period of time, but no less than 40 working days, to respond to any such proposal. The Regional Council agrees to fully consider any submissions and representations on the proposal made by territorial authorities within the region.

8. Consultation in Relation to the Regional Policy Statement

The following consultation process will apply to any change, variation, or review of the Hawke’s Bay Regional Policy Statement, and the preparation of any future Regional Policy Statement:

8.1 The Regional Council will seek the input of territorial authorities into the review of the Regional Policy Statement

8.2 The Regional Council will make available to all local authorities, for discussion and development, draft copies of:

8.2.1 any change or variation of to the Regional Policy Statement

8.2.2 any proposed Regional Policy Statement.

8.3 Territorial authorities will be given a reasonable period of time, but no less than [20] working days, to respond to any such proposal. The Regional Council agrees to consider fully any submissions and representations on the proposal made by territorial authorities within the Region.

8.4 The parties to this agreement acknowledge their obligation to act in accordance with the principles of collaboration set out in the Local Government Act 2002.

Nothing in this Agreement shall interfere with the rights, functions or duties given by statute to any party.

9. Dispute Resolution

In the event of a disagreement between the Councils as to the interpretation or implementation of this Agreement, and/ or that disagreement between the Councils as to the interpretation or implementation of this Agreement to vary the terms of this Agreement, then the matter in dispute will be referred to mediation.

If the Councils cannot agree on the appointment of a mediator, the President of the Hawke's Bay District Law Society will be requested to appoint the mediator. The costs of the mediation shall be borne by the Councils in equal shares.

10. Revision of the Agreement

10.1 The Agreement is effective from the date of signing until such time as the Agreement is either amended by the agreement of all parties or is renewed following the 2022 local authority elections (by 1 March 2023).

10.2 If a party to the Agreement requests a review of its terms within the triennium, such a review will begin within four weeks of the request being lodged. Otherwise the Agreement will be renewed following the local body elections as outlined in 10.1 above.

10.3 Hawke's Bay Regional Council will be the first Council responsible for servicing this Agreement.

11. Parties - Signatures

This Agreement is signed on this day of 2020 by the following on behalf of their respective authorities.

PRIMARY PARTIES

Central Hawke's Bay District Council Hastings District Council

............................................................................ ............................................................................

Mayor Alex Walker Mayor Sandra Hazlehurst

............................................................................ .............................................................................

Chief Executive Monique Davidson Chief Executive Nigel Bickle

Hawke’s Bay Regional Council Napier City Council

............................................................................ ............................................................................

Chair Rex Graham Mayor Kirsten Wise

............................................................................ .............................................................................

Chief Executive James Palmer Chief Executive Wayne Jack

Wairoa District Council

............................................................................

Mayor Craig Little

............................................................................

Chief Executive Steven May

NON-PRIMARY PARTIES

Rangitikei District Council Taupo District Council

............................................................................ ............................................................................

Mayor Andy Watson Mayor David Trewavas

............................................................................ ............................................................................

Chief Executive Peter Beggs Chief Executive Gareth Green
Appendix One: Reporting

Joint Committees

· Mayor/Chair ex-officio on all joint committees – to receive meeting invitations and copy of Agenda

· Meeting minutes and a Meeting Summary (prepared by the Technical Advisory Group (TAG) lead) will be provided to the Hawke’s Bay Leaders’ Forum Chair’s executive assistant within 10 days of the meeting having been held for presentation to the next monthly meeting.

· A diagram of the current committee structure across Hawke’s Bay is below.

Achievements

· A work programme for each of the priority areas will be developed and agreed, to enable strategic level reporting against milestones and projects (examples following).

Priority: Water – safety, security and planning

Activity	Lead	Achievements	Due for Completion
Regional Water Security Program (supported by PGF)	Tom Skerman (HBRC)	1.
National Policy Statement on Freshwater Management (NPSFM)	Tom Skerman (HBRC)
Three waters review

Priority: Climate Change adaptation and mitigation

Activity	Lead	Achievements	Due for Completion
Regional Climate Response Strategy	Tom Skerman, Gavin Ide (HBRC)

Appendix Two: Meetings

Hawke’s Bay Leaders’ Forum

Meetings will be arranged and minutes kept by the appointed Chair - elected each three-year term - and minutes distributed to all parties to the Agreement. This does not preclude meetings being arranged, on request, by Councils other than that of the appointed Chair.

Given the importance accorded to this Agreement each Council will be represented by its Mayor/ Chairperson and Chief Executive.

Where appropriate, and agreed, the Chief Executive of a Council Controlled Organisation (CCO) may attend an item related to that CCO’s activities.

Media and communications contact (including the provision of information to the public on request) in relation to matters covered in the Agreement shall be shared on a rotating basis.

All public communications from these meetings shall be approved by all participants prior to their release.

Where a significant decision or issue affects a particular Council, or its community, it should, in partnership with the other Councils of the region, have the lead role in formulating the collective response of the region’s local authorities to this issue or decision.

Responsibility for servicing, and making media comment on behalf of, existing specific regional and sub-regional forums, will lie within those specific forums.

Appendix Three: Legislative Context

Local Government Act

Section 15 Triennial agreement

(1) Not later than 1 March after each triennial general election of members, all local authorities within each region must enter into an agreement under this section covering the period until the next triennial general election of members.

(2) An agreement under this section must include—

(a) protocols for communication and co-ordination among the local authorities; and

(b) a statement of the process by which the local authorities will comply with section 16 in respect of proposals for new regional council activities; and

(c) processes and protocols through which all local authorities can participate in identifying, delivering, and funding facilities and services of significance to more than 1 district.

(3) An agreement under this section may also include—

(a) commitments by local authorities within the region to establish or continue 1 or more joint committees or other joint governance arrangements to give better effect to 1 or more of the matters referred to in subsection (2); and

(b) the matters to be included in the terms of reference for any such committees or arrangements, including any delegations.

(4) An agreement under this section may be varied by agreement between all the local authorities within the region.

(5) An agreement under this section remains in force until it is replaced by another agreement.

(6) If a decision of a local authority is significantly inconsistent with, or is expected to have consequences that will be significantly inconsistent with, the agreement under this section that is currently in force within the region, the local authority must, when making the decision, clearly identify—

(a) the inconsistency; and

(b) the reasons for the inconsistency; and

(7) As soon as practicable after making any decision to which subsection (6) applies, the local authority must give to each of the other local authorities within the region notice of the decision and of the matters specified in that subsection.

Section 14 Principles relating to local authorities

(1) in performing its role, a local authority must act in accordance with the following principles:

(e) a local authority should actively seek to collaborate and cooperate with other local authorities and bodies to improve the effectiveness and efficiency with which it achieves its identified priorities and desired outcomes.

Section 16 Significant new activities proposed by regional council

(1) This section applies if,—

(a) in the exercise of its powers under section 12(2), a regional council proposes to undertake a significant new activity; or

(b) a regional council-controlled organisation proposes to undertake a significant new activity; and

(i) are already undertaking the significant new activity; or

(ii) have notified their intention to do so in their long-term plans or their annual plans.

(2) When this section applies, the regional council—

(a) must advise all the territorial authorities within its region and the Minister of the proposal and the reasons for it; and

(b) must include the proposal in the consultation document referred to in section 93A.

(3) A proposal included in the consultation document referred to in section 93A must include—

(a) the reasons for the proposal; and

(b) the expected effects of the proposal on the activities of the territorial authorities within the region; and

(4) If, after complying with subsection (2), the regional council indicates that it intends to continue with the proposal, but agreement is not reached on the proposal among the regional council and all of the affected territorial authorities, either the regional council or 1 or more of the affected territorial authorities may submit the matter to mediation.

(5) Mediation must be by a mediator or a mediation process—

(a) agreed to by the relevant local authorities; or

(b) in the absence of an agreement, as specified by the Minister.

(6) If mediation is unsuccessful, either the regional council or 1 or more affected territorial authorities may ask the Minister to make a binding decision on the proposal.

(7) Before making a binding decision, the Minister must—

(a) seek and consider the advice of the Commission; and

(b) consult with other Ministers whose responsibilities may be affected by the proposal.

(8) This section does not apply to—

(a) a proposal by a regional council to establish, own, or operate a park for the benefit of its region; or

(b) a proposal to transfer responsibilities; or

(d) a reorganisation application under Schedule 3; or

(e) a proposal to undertake an activity or enter into an undertaking jointly with the Crown.

(9) For the purposes of this section,—

affected territorial authority means a territorial authority—

(a) the district of which is wholly or partly in the region of a regional council; and

(b) that undertakes, or has notified in its long-term plan or annual plan its intention to undertake, the significant new activity

annual plan—

(a) means a report adopted under section 223D of the Local Government Act 1974; and

(b) includes such a report that section 281 applies to

new activity—

(a) means an activity that, before the commencement of this section, a regional council was not authorised to undertake; but

(b) does not include an activity authorised by or under an enactment

regional council-controlled organisation means a council-controlled organisation that is—

(a) a company—

(i) in which equity securities carrying 50% or more of the voting rights at a meeting of the shareholders of the company are—

(A) held by 1 or more regional councils; or

(B) controlled, directly or indirectly, by 1 or more regional councils; or

(ii) in which 1 or more regional councils have the right, directly or indirectly, to appoint 50% or more of the directors of the company; or

(b) an organisation in respect of which 1 or more regional councils have, whether or not jointly with other regional councils or persons,—

(i) control, directly or indirectly, of 50% or more of the votes at any meeting of the members or controlling body of the organisation; or

(ii) the right, directly or indirectly, to appoint 50% or more of the trustees, directors, or managers (however described) of the organisation.

Resource Management Act 1991

Schedule 1 Preparation, change, and review of policy statements and plans

3A Consultation in relation to policy statements

(1) A triennial agreement entered into under section 15(1) of the Local Government Act 2002 must include an agreement on the consultation process to be used by the affected local authorities in the course of—

(a) preparing a proposed policy statement or a variation to a proposed policy statement; and

(b) preparing a change to a policy statement; and

(2) If an agreement on the consultation process required by subclause (1) is not reached by the date prescribed in section 15(1) of the Local Government Act 2002,—

(a) subclause (1) ceases to apply to that triennial agreement; and

(b) 1 or more of the affected local authorities—

(i) must advise the Minister and every affected local authority as soon as is reasonably practicable after the date prescribed in section 15(1) of the Local Government Act 2002; and

(ii) may submit the matter to mediation.

(3) If subclause (2) applies, the parts of the triennial agreement other than the part relating to the consultative process referred to in subclause (1) may be confirmed before—

(a) an agreement on the consultative process is reached under subclauses (4) and (5)(a); or

(b) the Minister makes a binding determination under subclause (5)(b).

(4) Mediation must be by a mediator or a mediation process agreed to by the affected local authorities.

(5) If the matter is not submitted to mediation or if mediation is unsuccessful, the Minister may either—

(a) make an appointment under section 25 the purpose of determining a consultation process to be used in the course of preparing a proposed policy statement or reviewing a policy statement; or

(b) make a binding determination as to the consultation process that must be used.

(6) The consultative process must form part of the triennial agreement, whether or not the other parts of the triennial agreement have been confirmed, in the event that—

(a) an agreement is reached under subclause (4) or subclause (5)(a) as to a consultative process, as required by subclause (1); or

(b) the Minister makes a binding determination under subclause (5)(b).

(7) In this clause, affected local authorities means—

(a) the regional council of a region; and

(b) every territorial authority whose district is wholly or partly in the region of the regional council.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 February 2020

Subject: Regional Planning Committee Tāngata Whenua Remuneration Review

Reason for Report

1. This item provides the means for Council to resolve the remuneration to be paid to Tāngata Whenua representatives (TWR) on the Regional Planning Committee (RPC).

Officers’ Recommendations

2. Because Council officers consider that circumstances for RPC members have not changed substantially since the findings of the 2019 Strategic Pay review were released, it is recommended that Council sets the remuneration for Tāngata Whenua RPC representatives in accordance with the recommendations of that review.

Executive Summary

3. Strategic Pay undertook a review of remuneration for Tāngata Whenua RPC representatives during 2019, and provided their report to Council in July. Due to delays caused by the election cycle Council has been unable, until now, to implement the recommendations of the review.

4. It is now timely for Council to resolve remuneration for Tāngata Whenua RPC representatives for the 2019-22 Triennium based on the recommendations of the 2019 Strategic Pay review and councillors’ current base salary, and advise Tāngata Whenua accordingly.

Background /Discussion

5. Clause 13.2 in the 2014 Regional Planning Committee Terms of Reference states:

5.1. The Tāngata Whenua Representatives and the Tāngata Whenua Co-Chair shall be remunerated for their services by the Council. The level of remuneration shall be determined promptly following each triennial election of Councillors by two independent persons (Appointees), one of which is appointed by the Council Co-Chair, and the other by the Tāngata Whenua Co-Chair. The Appointees must have regard to:

5.1.1. the need to minimise the potential for certain types of remuneration to distort the behaviour of the Tāngata Whenua Representatives and the Tāngata Whenua Co-Chair in relation to their respective positions on the Committee

5.1.2. the need to achieve and maintain fair relativity with the levels of remuneration received by elected representatives in RMA policy development roles, and

5.1.3. the need to be fair both:

5.1.3.1 to the persons whose remuneration is being determined; and

5.1.3.2 to ratepayers; and

5.1.3.3 the need to attract and retain competent persons.

6. Tāngata Whenua representatives’ remuneration was reviewed in 2017-18, with effect from 1 July 2018, and again in 2019. The 2019 report by Strategic Pay is attached for information.

7. In its conclusion, Strategic Pay’s report said “annual base fees for the tangata whenua members of the RPC should be set in a range [to] not exceed 25% of the Councillors’ base annual fee as a matter of relativities… That means annual committee “fees for tāngata whenua members should be set in a range up to $13,258” (based on June 2019 councillor base salary $53,030). By targeting midpoints, and using the new $62,000 pa base councillor salary, this equates as follows.

	Current Annual Base Fee	Annual Base Fee proposed 18 Sept (% increase)	2020 Recommended range	2020 mid-point base fee	Annual Base Fee proposed (% increase)
TW Member	$12,000	13,000 (8.3%)	13,000 – 15,500	13,750	13,750 (8.7%)
Deputy Co-Chair	$18,000	19,000 (5.5%)	19,000 – 23,250	20,625	20,625 (8.7%)
Co-Chair	$24,000	26,000 (8.3%)	25,000 – 31,000	27,500	27,500 (8.7%)

Consultation

8. The agenda item that went to the 18 September 2019 RPC meeting was not considered due to the meeting’s quorum failing, and the remuneration item was deferred to the 25 September meeting. However, following a subsequent discussion between the Co-chairs and the Chief Executive, it was determined the remuneration of the TWR was not a decision for the RPC to make, but sat instead with Council. Consequently, the remuneration review was not formally discussed at the 25 September RPC meeting.

9. At that time Tania Hopmans, former Deputy Co-Chair, felt that it would make best sense to go with the midpoint in the range suggested by Strategic Pay rather than selecting the lowest point, to avoid any dispute as to what is fair and reasonable. It can be noted that the original item from 18 September 2019 suggested a modest increase that sat higher than the lowest point in the recommended range.

Remuneration Review cycle

10. The Terms of Reference for the RPC require that Tāngata Whenua remuneration is set promptly following each triennial election. Due to the timing of the completion of this latest review falling only weeks before the start of the next triennium, staff will seek the agreement of the Committee that the next Tāngata Whenua remuneration review will not be undertaken until immediately following the 2022 local body elections.

Financial and Resource Implications

11. Any increases in remuneration have an impact on the organisation’s budgets; the higher the increase, the more significant the impact. Staff consider the remuneration increases proposed in paragraph 7 can be accommodated within existing the 2018-2028 Long Term Plan budgets but to contribute to a broad range of unbudgeted cost pressures for the Council.

Decision Making Process

12. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

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

12.2. The use of the special consultative procedure is not prescribed by legislation.

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

12.4. The persons affected by this decision are the Tāngata Whenua representatives appointed to the Regional Planning Committee.

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

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

Recommendations

1. That Hawke’s Bay Regional Council:

1.1. Receives and considers the “Regional Planning Committee Tāngata Whenua Remuneration Review” staff report.

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 this issue without conferring with the community.

1.3. Sets the remuneration for Tāngata Whenua representatives appointed to the Regional Planning Committee in accordance with the findings of the Strategic Pay report and the agreed $62,000 base councillor remuneration, for effect from 1 January 2020 and for the remainder of the 2019-22 Triennium, at:

1.3.1. $13,750 per annum for a Tāngata Whenua committee member

1.3.2. $20,625 per annum for the RPC Deputy Co-Chair

1.3.3. $27,500 per annum for the RPC Co-Chair

1.3.4. A payment of $37.50 per hour (after the first hour of eligible travel) to be paid to upon submission of an approved Travel Claim form.

Authored by:

Leeanne Hooper

Governance Lead

Approved by:

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

James Palmer

Chief Executive

Attachment/s

⇩1

2019 Strategic Pay RPC Remuneration Report

Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference

Attachment 2

Terms of Reference for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

As at 28 September 2018

As adopted by resolution by:

Hastings District Council 23 March 2017

Napier City Council 31 May 2017

Hawke’s Bay Regional Council 28 June 2017

1. Definitions

For the purpose of these Terms of Reference:

· “Act” means the Local Government Act 2002.

· “Administering Authority” means Hawke’s Bay Regional Council.

· “Coastal Hazards Strategy” means the Coastal Hazards Strategy for the Hawke Bay coast between Clifton and Tangoio^{^[2]}.

· “Council Member” means an elected representative appointed by a Partner Council.

· “Hazards” means natural hazards with the potential to affect the coast, coastal communities and infrastructure over the next 100 years, including, but not limited to, coastal erosion, storm surge, flooding or inundation of land from the sea, and tsunami; and includes any change in these hazards as a result of sea level rise.

· “Joint Committee” means the group known as the Clifton to Tangoio Coastal Hazards Strategy Joint Committee set up to recommend both draft and final strategies to each Partner Council.

· “Member” in relation to the Joint Committee means each Council Member and each Tangata Whenua Member.

· “Partner Council” means one of the following local authorities: Hastings District Council, Napier City Council and Hawke’s Bay Regional Council.

· “Tangata Whenua Appointer” means:

o The trustees of the Maungaharuru-Tangitū Trust, on behalf of the Maungaharuru-Tangitū Hapū;

o Mana Ahuriri Incorporated, on behalf of Mana Ahuriri Hapū;

o Heretaunga Tamatea Settlement Trust, on behalf of the hapū of Heretaunga and Tamatea.

· “Tangata Whenua Member” means a member of the Joint Committee appointed by a Tangata Whenua Appointer

2. Name and status of Joint Committee

2.1 The Joint Committee shall be known as the Clifton to Tangoio Coastal Hazards Strategy Joint Committee.

2.2 The Joint Committee is a joint committee under clause 30(1)(b) of Schedule 7 of the Act.

3. Partner Council Members

3.1 Each Partner Council shall appoint three Council Members and alternates to the Joint Committee. If not appointed directly as Council Members, the Mayors of Hastings District Council and Napier City Council and the Chairperson of Hawke’s Bay Regional Council are ex officio Council Members.

3.2 Under clause 30(9) Schedule 7 of the Act, the power to discharge any Council Member on the Joint Committee and appoint his or her replacement shall be exercisable only by the Partner Council that appointed the Member.

4. Tangata Whenua Members

4.1 Each Tangata Whenua Appointer may appoint one member to sit on the Joint Committee.

4.2 Each Tangata Whenua Appointer must make any appointment and notify all Tangata Whenua Appointers and Partner Councils in writing of the appointment.

4.3 The Tangata Whenua Members so appointed shall be entitled to vote.

4.4 Under clause 30(9) Schedule 7 of the Act, the power to discharge any Tangata Whenua Member on the Joint Committee and appoint his or her replacement shall be exercisable only by the Tangata Whenua Appointer that appointed the Member.

5. Purpose of Terms of Reference

5.1 The purpose of these Terms of Reference is to:

5.1.1 Define the responsibilities of the Joint Committee as delegated by the Partner Councils under the Act.

5.1.2 Provide for the administrative arrangements of the Coastal Hazards Strategy Joint Committee as detailed in Appendix 2.

6. Meetings

6.1 Members, or their confirmed alternates, will attend all Joint Committee meetings.

7. Delegated authority

The Joint Committee has the responsibility delegated by the Partner Councils for:

7.1 Guiding and providing oversight for the key components of the strategy including:

o The identification of coastal hazards extents and risks as informed by technical assessments;

o A framework for making decisions about how to respond to those risks;

o A model for determining how those responses shall be funded; and

o A plan for implementing those responses when confirmed.

7.2 Considering and recommending a draft strategy to each of the Partner Councils for public notification;

7.3 Considering comments and submissions on the draft strategy and making appropriate recommendations to the Partner Councils;

7.4 Considering and recommending a final strategy to each of the Partner Councils for approval;

7.5 Advocating for and/or advancing the objectives of the strategy by submitting on and participating in processes, including but not limited to:

o Council long term plans;

o Council annual plans;

o District and regional plan and policy changes;

o Reserve management plans;

o Asset management plans;

o Notified resource consent applications;

o Central Government policy and legislation.

7.6 Investigating and securing additional sources of funding to support strategy implementation.

8. Powers not delegated

The following powers are not delegated to the Joint Committee:

8.1 Any power that cannot be delegated in accordance with clause 32 Schedule 7 of the Local Government Act 2002.

8.2 The determination of funding for undertaking investigations, studies and/or projects to assess options for implementing the Coastal Hazards Strategy.

9. Remuneration

9.1 Each Partner Council shall be responsible for remunerating its representatives on the Joint Committee and for the cost of those persons' participation in the Joint Committee.

9.2 The Administering Authority shall be responsible for remunerating the Tangata Whenua Members.

10. Meetings

10.1 The Hawke’s Bay Regional Council standing orders will be used to conduct Joint Committee meetings as if the Joint Committee were a local authority and the principal administrative officer of the Hawke’s Bay Regional Council or his or her nominated representative were its principal administrative officer.

10.2 The Joint Committee shall hold all meetings at such frequency, times and place(s) as agreed for the performance of the functions, duties and powers delegated under this Terms of Reference.

10.3 Notice of meetings will be given well in advance in writing to all Joint Committee Members, and not later than one month prior to the meeting.

10.4 The quorum shall be 6 Members, provided that at least one Partner Council Member is present from each Partner Council.

11. Voting

11.1 In accordance with clause 32(4) Schedule 7 of Act, at meetings of the Joint Committee each Council Member has full authority to vote and make decisions within the delegations of this Terms of Reference on behalf of the Partner Council without further recourse to the Partner Council.

11.2 Where voting is required, all Members of the Joint Committee have full speaking rights.

11.3 Each Member has one vote.

11.4 Best endeavours will be made to achieve decisions on a consensus basis.

11.5 As per HBRC Standing Order 18.3: The Chairperson at any meeting does not have a deliberative vote and, in the case of equality of votes, has no casting vote.

12. Election of Chairperson and Deputy Chairperson

12.1 On the formation of the Joint Committee the members shall elect a Joint Committee Chairperson and may elect up to two Deputy Chairpersons. The Chairperson is to be selected from the group of Council Members.

12.2 The mandate of the appointed Chairperson or Deputy Chairperson ends if that person through resignation or otherwise ceases to be a member of the Joint Committee.

13. Reporting

13.1 All reports to the Committee shall be presented via the Technical Advisory Group^{^[3]} or from the Committee Chairperson.

13.2 Following each meeting of the Joint Committee, the Project Manager shall prepare a brief summary report of the business of the meeting and circulate that report, for information to each Member following each meeting. Such reports will be in addition to any formal minutes prepared by the Administering Authority which will be circulated to Joint Committee representatives.

13.3 The Technical Advisory Group shall ensure that the summary report required by 13.2 is also provided to each Partner Council for inclusion in the agenda for the next available Council meeting. A Technical Advisory Group Member shall attend the relevant Council meeting to speak to the summary report if requested and respond to any questions.

14. Good faith

14.1 In the event of any circumstances arising that were unforeseen by the Partner Councils, the Tangata Whenua Appointers, or their respective representatives at the time of adopting this Terms of Reference, the Partner Councils and the Tangata Whenua Appointers and their respective representatives hereby record their intention that they will negotiate in good faith to add to or vary this Terms of Reference so to resolve the impact of those circumstances in the best interests of the Partner Councils and the Tangata Whenua Appointers collectively.

15. Variations to these Terms of Reference

15.1 Any Member may propose a variation, deletion or addition to the Terms of Reference by putting the wording of the proposed variation, deletion or addition to a meeting of the Joint Committee.

15.2 Amendments to the Terms of Reference may only be made with the approval of all Members.

16. Recommended for Adoption by

16.1 The Coastal Hazards Strategy Joint Committee made up of the following members recommends this Terms of Reference for adoption to the three Partner Councils:

Napier City Council represented by Cr Annette Brosnan, Cr Hayley Browne and Cr Keith Price.

Appointed by NCC resolution 19 November 2019

Hastings District Council represented by Cr Tania Kerr, Cr Ann Redstone and Cr Malcolm Dixon

Appointed by HDC resolution 10 December 2019

Hawke’s Bay Regional Council represented by Cr Rick Barker, Cr Hinewai Ormsby and Cr Jerf van Beek

Appointed by HBRC resolution 6 November 2019

Maungaharuru-Tangitū Trust (MTT) represented by Ms Tania Hopmans

Mana Ahuriri Trust represented by Ms Tania Huata

Heretaunga Tamatea Settlement Trust represented by Mr Peter Paku

Appendix 1 – Project Background

Project Goal

A Clifton to Tangoio Coastal Hazards Strategy is being developed in cooperation with the Hastings District Council (HDC), the Hawke’s Bay Regional Council (HBRC), the Napier City Council (NCC), and groups representing Mana Whenua and/or Tangata Whenua. This strategy is being developed to provide a framework for assessing coastal hazards risks and options for the management of those risks for the next 105 years from 2015 to 2120.

The long term vision for the strategy is that coastal communities, businesses and critical infrastructure from Tangoio to Clifton are resilient to the effects of coastal hazards.

Project Assumptions

The Coastal Hazards Strategy will be based on and influenced by:

· The long term needs of the Hawke’s Bay community

· Existing policies and plans for the management of the coast embedded in regional and district council plans and strategies.

· Predictions for the impact of climate change

· The National Coastal Policy Statement

Project Scope

The Coastal Hazards Strategy is primarily a framework for determining options for the long term management of the coast between Clifton and Tangoio. This includes:

· Taking into account sea level rise and the increased storminess predicted to occur as a result of climate change, an assessment of the risks posed by the natural hazards of coastal erosion, coastal inundation and tsunami.

· The development of a framework to guide decision making processes that will result in a range of planned responses to these risks

· The development of a funding model to guide the share of costs, and mechanisms to cover those costs, of the identified responses.

· The development of an implementation plan to direct the implementation of the identified responses.

· Stakeholder involvement and participation.

· Protocols for expert advice and peer review.

· An action plan of ongoing activity assigned to various Members.

The Strategy will:

· Describe a broad vision for the coast in 2120, and how the Hawke’s Bay community could respond to a range of possible scenarios which have the potential to impact the coast by 2120.

· Propose policies to guide any intervention to mitigate the impact of coastal processes and hazards through the following regulatory and non-regulatory instruments:

o Regional Policy Statement

o District Plans

o Council long-term plans

o Infrastructure Development Planning (including both policy and social infrastructure networks).

HB Drinking Water Governance Joint Committee Terms of Reference adopted 13Feb2020

Attachment 1

Hawke’s Bay Drinking Water Governance Joint Committee

Terms of Reference

Adopted by HB Drinking Water Governance
Joint Committee resolution 13 February 2020

1. Background

1.1. In August 2016 a significant water contamination event occurred that affected the Hawke’s Bay community of Havelock North. The Government established an Inquiry into the Havelock North water supply.

1.2. It became apparent during the Government Inquiry that in order to achieve a systematic approach to ensuring safe drinking water, there was a need to strengthen interagency working relationships, collaboration and information sharing pertaining to drinking water.

1.3. The Inquiry asked a Joint Working Group (JWG) initially comprising staff representatives of the

1.4. Hawke’s Bay District Health Board, Hawke’s Bay Regional Council and the Hastings District Council to implement its 17 initial recommendations. As this group has evolved it has become apparent that many drinking water issues will require an ongoing forum for regional collaboration and decision making. Napier City Council have also joined the Joint Working Group, as well as a Drinking- Water Assessor from the Central North Island Drinking Water Assessment Unit.

1.5. Ngāti Kahungunu Iwi Incorporated have called for the agencies involved in water management to view water as a taonga, the lifeblood of the land and people. They consider that drinking water should be set as the number one priority for water use in decision-making processes related to water.

1.6. It is within this context that the Hawke’s Bay Drinking Water Governance Joint Committee has been established. The principal focus of the Committee is on drinking water, however drinking water cannot be considered in isolation from other fresh water management issues. For that that reason the focus of the Committee will be twofold:

1.6.1. To provide governance oversight for planning and decision making on regional drinking water matters; and

1.6.2. To consider and make recommendations where appropriate to decision-making bodies with responsibility for broader freshwater management issues or planning or infrastructure issues that have implications for drinking water and/or drinking water safety.

2. Purpose

2.1. The parties agree that water is a taonga, the lifeblood of the land and people. They further agree that the Joint Committee established under this Terms of Reference is intended to give practical meaning and effect to this agreement.

2.2. The Committee is established to provide governance oversight to the existing JWG regarding the implementation of recommendations from the Inquiry Panel and then the evolution of the JWG into a more permanent officials working group.

2.3. In the context of this agreement including 2.1 and 2.2 above, the purpose of the Hawke’s Bay Regional Drinking Water Security Joint Committee is to give governance oversight and direction in respect of the following matters:

2.3.1. Programmes and initiatives to protect and enhance drinking water quality and safety

2.3.2. Improving and maintaining effective inter-agency working relationships relating to drinking water, including the extent and effectiveness of cooperation, collaboration and information sharing between the agencies, and mechanisms to achieve these desired outcomes

2.3.3. Provision of governance oversight of strategies and work programmes related to drinking water management, including drinking water sources and infrastructure matters

2.3.4. To recommend to the relevant bodies and decision making for changes to strategies and work programmes to protect and enhance drinking water quality and safety

2.3.5. To encourage the member parties to give adequate consideration of the safety of drinking water in the carrying out of their range of functions

2.3.6. To make recommendations as appropriate to relevant agencies and decision making fora on initiatives and priorities related to water, having regard to the needs of the region for adequate and secure water resources suitable for the supply of safe drinking water.

2.4. The geographic scope of the Joint Committee’s jurisdiction shall be over drinking water related matters on the land and catchment areas within territorial authorities who elect to be members of the Joint Committee (the participating territorial authorities) plus such other land and catchment areas within the authority of the Hawke’s Bay Regional Council that have an impact upon drinking water within the participating territorial authorities.

3. Members/Parties

3.1. If they elect to take up membership and establish the Joint Committee, each of the following shall be a Member Organisation of the Hawke’s Bay Drinking Water Governance Joint Committee and a party to this document and the establishment of the Joint Committee:

3.1.1. Hawke’s Bay District Health Board

3.1.2. Hawke’s Bay Regional Council

3.1.3. Central Hawke’s Bay District Council

3.1.4. Hastings District Council

3.1.5. Napier City Council

3.1.6. Wairoa District Council

3.2. Each member organisation may appoint two (2) representatives.

3.3. To ensure the work of the joint Committee is not unreasonably disrupted by absences each party may also appoint alternative representatives.

3.4. The Joint Committee shall appoint an Independent Chairperson of the Joint Committee.

3.5. Water is of particular importance to Māori, and Māori have certain statutory rights in respect of decision making relating to water under the Resource Management Act 1991 and the Local Government Act 2002. Some iwi representatives have been involved in discussions leading to the proposal for this Joint Committee but have not determined whether or not they wish to formally participate in the Joint Committee. Provision is made for iwi representation to be added to the Committee should iwi organisations with authority in respect of the geographic areas over which this Joint Committee has jurisdiction indicate that they wish to formally join the Committee.

3.5.1. Notwithstanding any decision by iwi organisations under e. above, the member organisations will take steps to consult with, and take into account the interests of, Māori as appropriate in terms of local authority decision making requirements in respect of matters before the Joint Committee.

4. Name

4.1. The Hawke’s Bay Drinking Water Governance Joint Committee shall be known as the Hawke’s Bay Drinking Water Governance Joint Committee (HBDWGJC).

5. Status

5.1. By agreement of the local authority members, the Hawke’s Bay Drinking Water Governance Joint Committee is to be established as a Joint Committee under clause 30 and clause 30A of Schedule 7 of the Local Government Act 2002.

6. Delegated Authority

6.1. The Hawke’s Bay Water Governance Joint Committee shall have authority to undertake such steps as are necessary to give effect to the purpose of the Hawke’s Bay Water Governance Joint Committee including but not limited to:

6.1.1. Establishing and amending as it sees fit the Terms of Reference for the JWG

6.1.2. Receiving reports from and giving direction to the officials Joint Working Group that leads interagency cooperation and work programmes on drinking water quality and safety and/or from the Chief Executives of the member agencies

6.1.3. Commissioning reports and studies

6.1.4. Making recommendations to members related to the security and safety of drinking water

6.1.5. Making recommendations to member organisations relating to strategies and work programmes.

6.1.6. Making recommendations to appropriate parties on matters within the purpose of the Joint Committee.

7. Administering Authority and Servicing

7.1. The members of the Hawke’s Bay Drinking Water Governance Joint Committee shall work with the JWG established to lead interagency cooperation and work programmes on drinking water quality and safety.

7.2. The Administering Authority of the Joint Committee shall be the Hawke’s Bay Regional Council.

8. The Remuneration

8.1. Each member organisation of the Hawke’s Bay Drinking Water Governance Joint Committee shall be responsible for the cost of its participation on the Joint Committee.

8.2. The Joint Committee shall agree on the apportionment of the costs of the Independent Chairperson on the recommendation of the JWG.

8.3. The JWG shall agree the apportionment of any costs arising from the work of the Joint Committee.

9. Meetings

9.1. The Standing Orders of the Hawke’s Bay Regional Council will be used to conduct Joint Committee meetings.

9.2. The Joint Committee shall meet not less than 6 monthly or at such other times and places as agreed for the achievement of the purpose of the Joint Committee.

10. Quorum

10.1. The quorum at any meeting shall be not less than eight (8).

11. Voting

11.1. The membership shall strive at all times to reach a consensus.

11.2. Each representative and the Independent Chairperson shall be entitled to one vote on any item of business.

11.3. There shall be no casting vote.

12. Chairperson and Deputy Chairperson

12.1. Member representatives shall appoint, by agreement, an Independent Chairperson who shall be entitled to one vote, and in the case of an equality of votes does not have a casting vote.

12.2. The Joint Committee shall also appoint, by simple majority vote from among the representatives, a Deputy Chairperson.

13. Variations

13.1. Any Member may propose an amendment (including additions or deletions) to the Terms of Reference which may be agreed to by the Joint Committee.

13.2. Once agreed to by the Joint Committee, amendments to the Terms of Reference shall have no effect until each member organisation has agreed to the amendment.

14. Good Faith

14.1. The parties to this Terms of Reference agree to act in good faith towards each other and to give effect to the purpose of the Joint Committee.

[2] The Coastal Hazards Strategy is further defined in Appendix 1 to these Terms of Reference.

[3] A description of the Technical Advisory Group and its role is included as Appendix 2 to these Terms of Reference.

⇩1	Coastal Hazards Joint Committee - 4 February 2020 Meeting Summary
⇩2	Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference

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