Extraordinary Meeting of the Hawke's Bay Regional Council

 

 

Date:                 Wednesday 22 April 2020

Time:                9.00am

Venue:

Online by Zoom invitation

 

 

Agenda

 

Item     Subject                                                                                      Page

 

1.         Welcome/Apologies/Notices

2.         Conflict of Interest Declarations

3.         Confirmation of Minutes of the Regional Council Meeting held on 15 April 2020

4.         Call for Minor Items Not on the Agenda                                           3

Decision Items

5.         Cancellation of Consultation for the Remission of Penalties on Rates Policy (Fixed Term)                                                                5

6.         Māori Committee Members’ Remuneration                                     7

7.         2020-21 Annual Plan Update late item to come

Information or Performance Monitoring

8.         CE’s Verbal Report on the HBRC Operational Response to COVID-19

9.         Verbal Update on the Regional Business Partners Covid-19 Collaborative Response

10.       Councillor Verbal Covid-19 Situation Updates

11.       Significant Organisational Activities Update late item to come

12.       Discussion of Minor Matters Not on the Agenda                           23

 

 


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 22 April 2020

Subject: Call for Minor Items Not on the Agenda

 

Reason for Report

1.      This item provides the means for councillors to raise minor matters they wish to bring to the attention of the meeting.

2.      Hawke’s Bay Regional Council standing order 9.13 states:

2.1.   A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.

Recommendations

3.      That Council accepts the following “Minor Items Not on the Agenda” for discussion as Item 12

Topic

Raised by

 

 

 

 

 

 

 

 

Leeanne Hooper

GOVERNANCE LEAD

James Palmer

CHIEF EXECUTIVE

  


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 22 April 2020

Subject: Cancellation of Consultation for the Remission of Penalties on Rates Policy (Fixed Term)

 

Reason for Report

1.      This report asks Hawke’s Bay Regional Council to cancel the narrow and specific consultation on the one-off Remission of Penalties on Rates Policy (Fixed Term) and associated Statement of Proposal for consultation.

2.      These matters will now be considered and addressed more broadly through revisiting the 2020-21 Annual Plan in light of current events ie; Covid-19 pandemic situation, the drought and Bovine TB.

Officers’ Recommendation(s)

3.      Council officers recommend that Council cancels the consultation on the one-time Remission of Penalties on Rates Policy (Fixed Term) and associated Statement of Proposal for consultation while it considers the impact of the Covid-19 pandemic situation, the drought and Bovine TB and the resulting changes to the 2020-21 Annual Plan.

Background

4.      On 26 June 2019, Regional Council approved new dates for when its rate invoices will be sent out and when rates are due to be paid, effective from 1 July 2020.

5.      Up until this year, rate assessments/invoices were sent out mid-September and due 1 October each year, however HBRC allowed ratepayers until 31 January the following year to pay before a penalty was applied. The change meant that rate assessments/invoices would be sent out early to mid-August, and the final due date would be 20 September.  After that date a late-payment penalty (10%) would be applied.

6.      The objective of moving the final date for rate payments was to remove the payment pressure on ratepayers over the holiday period and improve Council’s cash flow from earlier recovery.  Rates are a significant source of income for Council. Typically, Council currently receives approximately 70% of the rates revenue in January and February – seven to eight months into the financial year.

7.      In recognising that the change in date may make it financially challenging for some ratepayers, a special one-off Remission of Penalties on Rates Policy (Fixed Term) was developed to provide support to ratepayers that met the required conditions and criteria.

8.      The Local Government Act 2002, Section 102 (4) requires an amendment to a rates remission and postponement policy be consulted on using the provisions of Section 82.  The policy is both a remission and postponement policy as defined by the Local Government (Rating) Act 2002 and Local Government Act 2002.

9.      On 25 September 2019 Council adopted the special Remission on Penalties on Rates Policy, subject to consultation.

10.    On 25 March 2020, Council adopted an Amended Statement of Proposal for Penalty Rates Remission that reflected changes to the submission process due to the Covid-19 response situation.  At the Council meeting on 1 April 2020 a resolution was amended that Council agrees that staff may make further changes to the submission and associated hearing processes, as required by the Covid-19 response.  Consultation on the policy was due to run from 14-28 April 2020.

Current Situation

11.    With the Covid-19 pandemic situation, the drought and Bovine TB, Regional Councillors are very keen to help ease the financial stress of its ratepayers and are keen that HBRC does not impose a rate increase in the next financial year.

12.    The changes that will be needed to the 2020-21 Annual Plan process to implement a 0% rate increase are being considered and may result in changes to the Funding Impact Statement for the 2020-21 Annual Plan.  This may include further changes to payment dates, application of penalties and timing of the application of penalties.

13.    The consultation on the one-off Remission of Penalties on Rates Policy (Fixed Term) will now be considered as part of the wider 2020-21 Annual Plan process.  The objective being to provide assistance to ratepayers over the coming year(s).  If the one-off Remission of Penalties on Rates Policy (Fixed Term) is required following the reconsideration of the 2020-21 Annual Plan, consultation will be conducted at this time.

Decision Making Process

14.    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:

14.1.    The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy. If the one-off Remission of Penalties on Rates Policy (Fixed Term) is required following the reconsideration of the 2020-21 Annual Plan, consultation will be conducted at that time.

14.2.    The persons affected by this decision are all ratepayers in the region.

14.3.    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 “Cancellation of consultation for the Remission of Penalties on Rates Policy (Fixed Term)” 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 or persons likely to have an interest in the decision.

3.      Cancels the consultation on the one-time Remission of Penalties on Rates Policy (Fixed Term) and associated Statement of Proposal for consultation while it considers the impact of the Covid-19 pandemic situation, the drought and Bovine TB and the resulting changes to the 2020-21 Annual Plan.

 

 

Authored by:

Mandy Sharpe

Project Manager

Bronda Smith

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 22 April 2020

Subject: Māori Committee Members’ Remuneration

 

Reason for Report

1.      This item seeks Council’s decision confirming the remuneration for Taiwhenua representative members on the Māori Committee, including for the Co-chairs.

Officers’ Recommendation(s)

2.      Council officers recommend that councillors consider the relevant information and figures provided by staff alongside their insights as elected representatives and/or Committee Chairs in order to agree fair, reasonable remuneration rates for the Taiwhenua representative members and Co-Chairs of the Māori Committee. Further, staff also recommend that councillors have regard, in accordance with Local Government Act Schedule 7, for the need to:

2.1.      minimise the potential for certain types of remuneration to distort the behaviour of the person in relation to their position, and

2.2.      achieve and maintain fair relativity with the levels of remuneration received elsewhere, and

2.3.      be fair both

2.3.1.      to the persons whose remuneration is being determined

2.3.2.      to ratepayers, and

2.4.      attract and retain competent persons.

Background /Discussion

3.      Remuneration for the tāngata whenua members of the Māori Committee was most recently reviewed in 2017-18, at the same time as the Regional Planning Committee tangata whenua remuneration was reviewed.

4.      The 2017 review by Mr David Shannon (attached) proposed a meeting fee of $400 per day plus reimbursement of eligible travel and accommodation costs. A February 2018 workshop of the Māori Committee tāngata whenua members agreed with the findings and Council subsequently, on 27 June 2018, resolved:

4.1.      Agrees, with effect from 1 July 2018, that Tāngata Whenua Members of the Māori Committee will be paid a meeting fee of $400 per day plus payment of disbursements (travel and accommodation, where required).

5.      The 2017 Shannon report did also suggest remuneration for the Māori Committee Chair in recognition of the additional responsibilities associated with that position, on a per meeting basis of $600.

6.      Previously, for the period from 1 November 2013 to his retirement from the role at the end of September 2019, Māori Committee Chairman Mike Mohi was paid the same as a a Council Committee Chairman as a reflection of the additional tasks and responsibilities he undertook in performing a role similar to the current Te Pou Whakarae for the Council.

7.      Given the Council now employs a Te Pou Whakarae and Māori Partnerships Team which has taken over the additional tasks and responsibilities the past Māori Committee Chairman undertook, it is appropriate to re-set the remuneration for the member(s) elected to that role for the 2019-22 triennium.


Options for consideration

8.      In confirming the per meeting remuneration for Māori Committee members, Council may wish to consider increasing that in line with the recent 13% increase in RPC tangata whenua remuneration. If agreed, the per meeting fee would increase to $452 per meeting, paid in accordance with submitted and approved Travel Claim forms, including reimbursement for associated travel costs. Note that Māori Committee representatives’ attendance at ‘other’ Council Committee meetings they have been appointed to is paid at the same rate as for attendance at Māori Committee meetings.

8.1.      $400 per meeting x 11 representatives (not including Co-chairs) x 6 meetings equates to $4,400 per year.

8.2.      $452 per meeting x 11 representatives (not including Co-chairs) x 6 meetings equates to $4,972 per year.

8.3.      Māori Committee representatives are appointed to the Hearings, Corporate & Strategic, Regional Transport and Environment & Integrated Catchments committees and the Climate Change Working Party. For representatives’ attendance at those meetings, it is estimated the associated remuneration would equate to between $10,000 and $12,000 per year.

9.      In determining an appropriate level of remuneration for the Māori Committee Co-chairs it is suggested that Council takes into consideration the tasks that a Committee Chair undertakes, and accountability expectations placed on them, in addition to those of committee members, as per the attached Role Description alongside relativities to RPC tangata whenua and councillor remuneration. Options for Māori Committee Co-chair remuneration, include:

9.1.      Setting remuneration on a per meeting basis, as per the Shannon report, of either $600 or $678 (13% increase) per meeting. This remuneration would be paid in accordance with approved Travel Claim forms, including reimbursement for associated travel costs, in the same way that Māori Committee members are paid. The same per meeting amount is paid for attendance at Council and all Council Committee meetings.

9.1.1.      $600 per meeting x approximately 18 meetings (includes Council meetings) per year equates to $10,800 per year.

9.1.2.      $678 per meeting x approximately 18 meetings (includes Council meetings) per year equates to $12,204 per year.

9.2.      Setting remuneration on a per annum ‘salary’ basis, at the same rate as the RPC Tangata Whenua Co-chair, currently $27,500 per annum plus reimbursement of associated travel costs paid on submission and approval of a Travel Claim form.

9.3.      Setting remuneration on a per annum ‘salary’ basis, at the same rate as a Councillor with no additional responsibility, currently $62,000 per annum, split evenly between the two Co-chairs and equating to $31,000 each plus reimbursement of associated travel costs paid on submission and approval of a Travel Claim form.

9.4.      Setting remuneration on a per annum ‘salary’ basis, set at the same rate as a Councillor Committee Chair, currently under application to the Remuneration Authority for approval at $74,296.60, split evenly between the two Co-chairs, equating to $37,148.30 each. Again, reimbursement of associated travel costs will also be upon submission and approval of a Travel Claim form.

Financial and Resource Implications

10.    Remuneration of the tangata whenua representatives on the Māori Committee is accommodated within the Māori Partnerships budgets set by Council. Any increases agreed will need to be included in budget forecasting for the 2020-21 Annual Plan and 2021-31 Long Term Plan.


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.      Receives and considers the “Māori Committee Members’ Remuneration” 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 or persons likely to have an interest in the decision.

3.      Sets the remuneration rate for Taiwhenua representative members of the Māori Committee at either $400 or $452 per meeting plus reimbursement of approved, associated travel costs, for effect from 1 March 2020. (refer to paragraphs 4.1 & 8 above)

4.      Sets the remuneration rate for the Māori Committee Co-chairs, for effect from 4 March 2020 (being the date of appointment) at:

Either

4.1.      $27,500 each or $31,000 each or $37,148 each per annum (refer to paragraphs 9.2, 9.3 & 9.4 above)

OR

4.2.      $600 or $678 per meeting (refer to paragraph 9.1 above)

and

4.3.      plus reimbursement of approved, associated travel costs.

 

Authored by:

Leeanne Hooper

Governance Lead

 

Approved by:

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Pieri Munro

Te Pou Whakarae

James Palmer

Chief Executive

 

 


 

Attachment/s

1

D Shannon tangata whenua Remuneration Review report

 

 

2

Māori Committee Chair Role Description

 

 

  


D Shannon tangata whenua Remuneration Review report

Attachment 1

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


Committee Chair Role Description

Attachment 2

 

PDF Creator

   


HAWKE’S BAY REGIONAL COUNCIL

Wednesday 22 April 2020

Subject: Discussion of Minor Matters Not on the Agenda

 

Reason for Report

1.     This document has been prepared to assist Councillors note the Minor Items Not on the Agenda to be discussed as determined earlier in Agenda Item 4.

 

Item

Topic

Raised by

1.     

 

 

2.     

 

 

3.