Meeting of the Clifton to Tangoio Coastal Hazards
Strategy Joint Committee
Date: Friday 16 October 2020
Time: 10.00am
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Venue:
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Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
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Agenda
Item Title Page
1. Karakia/Welcome/Notices/Apologies
2. Conflict
of Interest Declarations
3. Confirmation of
Minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee held
on 7 August 2020
4. Actions from
Previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee 3
5. Call for Minor
Items Not on the Agenda 7
Information or Performance Monitoring
6. Long Term Plan
Reporting - Coastal Hazards Strategy 9
7. Project Manager's
Update 11
8. Current Coastal
Projects Update 13
9. Briefing - Funding
Review Process 15
10. Discussion of Minor Matters
Not on the Agenda 17
Decision Items (Public Excluded)
11. Funding Review - Process
Options 19
12. Funding Review - Appointment
of Lead 21
L
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
SUBJECT: Actions from Previous Clifton to
Tangoio Coastal Hazards Strategy Joint Committee
Reason for Report
1. In order to track items raised at previous meetings that require
action, a list of outstanding items is prepared for each meeting. All action
items indicate who is responsible for each, when it is expected to be completed
and a brief status comment.
2. Once the items have been completed and reported
to the Committee they will be removed from the list.
Decision Making Process
3. 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.
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Recommendation
That the Clifton to Tangoio
Coastal Hazards Strategy Joint Committee receives and notes the “Actions
from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee
Meetings” report.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
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⇩1
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Action items
for November 2020 meeting
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Action
items for November 2020 meeting
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Attachment 1
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Agreed
actions from 7 August 2020 Joint Committee
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Task
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Meeting / Agenda Item
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Actions
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Resp.
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Status/Comment
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1.
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Tāngata
Whenua Engagement verbal update
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· Book
site visit from Tangoio to Clifton for joint committee members –
suggestion to open to all councillors.
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TAG
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- Site visit scheduled on 16 October after the Joint Committee
meeting.
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2.
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Project
Manager's Update
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· Next
joint committee meeting agenda items / papers:
o Managed
Retreat paper/presentation in workshop
o Resource
Management Review Panel report
o National
climate change risk assessment for New Zealand
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TAG
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- To be on the 27 November meeting agenda.
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3.
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Joint
Committee Independent Facilitator
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· Amend
Terms of Reference to include the appointment panel.
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TAG
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- WIP
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Agreed actions from 1 May 2020 Joint
Committee
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Task
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Meeting / Agenda Item
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Actions
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Resp.
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Status/Comment
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4.
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Current
Coastal Projects Update
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· Whakarire
Ave Revetment Works:
· Requested information on the preliminary private and public splits
developed by TAG be circulated to members.
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Simon
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- WIP. Raw data excel spreadsheet Simon to circulate
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Agreed actions from 3 September 2019 Joint
Committee
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Task
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Meeting / Agenda Item
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Actions
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Resp.
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Status/Comment
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5.
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Assessment
Panel supplementary recommendations
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· Include
a request for specific action from Councils on response to the Mana Whenua
recommendations re risks of sedimentation and protection of urupa at Bay View
(letter to councils (consenting & policy manager) raising concerns.
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TAG
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- Letters circulated to Councils in December 2019.
- Following up responses. Deferred due to Covid-19.
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Agreed actions from 18 March 2019 Joint Committee
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Task
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Meeting / Agenda Item
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Actions
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Resp.
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Status/Comment
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6.
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Project Manager’s Update
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· Invite
LGNZ President/Minister for the Environment to a future joint committee
meeting.
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TAG
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- tbc.
- Note: June 2020 Chris & James Palmer met with Minister James
Shaw. Invited him to come to Hawkes Bay. Unlikely to be prior to the
Election.
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Call for Minor Items
Not on the Agenda
Reason
for Report
1. This item provides the means for Joint Committee members 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 the Clifton to Tangoio Coastal Hazards Strategy Joint Committee
accepts the following “Minor Items Not on the Agenda” for discussion as Item 10:
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Leeanne Hooper
GOVERNANCE LEAD
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James Palmer
CHIEF EXECUTIVE
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Long Term Plan
Reporting - Coastal Hazards Strategy
Reason for Report
1. This report presents suggested wording to be included in each
Partner Council’s 2021 - 2031 Long Term Plan, which are due to be
released for public consultation in early 2021.
Background
2. The Strategy is being developed in 4 stages (Figure 1) and is
currently in its 4th, and final stage of developed.
Figure1: Strategy Development process
3. Once the work packages outlined in each of the workstreams that form
Stage 4 are completed, a full Strategy can be compiled for public consultation.
4. The Joint Committee has previously directed TAG to separate public
consultation on the Strategy from Council Long Term Plan consultation. Given
the complexity, scale and financial implications of the Strategy, it was considered
important to consultant on it as a stand-alone proposal.
5. On that basis, TAG have been working towards an October 2021
consultation process. This will provide sufficient separation from consultation
activity on each Council’s 2021 – 2031 Long Term Plans, which are
due to be completed by June 2021.
6. At the previous Joint Committee meeting is was suggested that all
Partner Councils agree on standard wording to include on their 2021 –
2031 Long Term Plans, to ensure clear and consistent messaging on the Strategy
and a common message that consultation on the full Strategy will follow the
2021 – 2031 Long Term Plan process.
Discussion
7. Following is the suggested wording to be adopted in each Partner
Council’s Long Term plan:
Global warming, sea level rise, predicted
increases in the intensity of storms and the related waves generated are likely
to impact our coastal areas more severely in the next 100 years.
The Clifton to Tangoio Coastal Hazards Strategy
2120 is a collaborative project led by Hastings District Council,
Maungaharuru-Tangitu Trust, Napier City Council, Mana Ahuriri Incorporated,
Hawke’s Bay Regional Council and Heretaunga Tamatea Settlement Trust.
This Strategy has been in development
since 2016. It
seeks to ensure that coastal communities, businesses and critical
infrastructure from Tangoio to Clifton are resilient to the effects of coastal
hazards.
So far the Strategy has mapped coastal hazards areas, identified
risks, and collaboratively developed preferred responses to coastal hazards for short, medium and long term horizons, up to 100 years.
Work is now being advanced to refine designs and costs for coastal
defence options, investigate the costs and processes of retreating from hazards
areas, review the existing regulatory framework and develop a funding model for
Strategy implementation.
Due to the significant size, complexity and
scale of the Coastal Hazards Strategy, the partner Councils have agreed to
consult on the final proposed Strategy outside of the 2021 – 2031Long
Term Plan consultation process. This will ensure that all affected ratepayers
have the opportunity to consider the proposal and have their views heard.
Targeted and specific consultation on the
Strategy is being planned for October 2021. More information can be found on
the project website at www.hbcoast.co.nz.
Next Steps
8. It is proposed that final wording is adopted and presented as a
recommendation to each Partner Council. Members of TAG can ensure that the
wording is then integrated appropriately into each Council’s draft Long
Term Plan.
Decision Making
Process
9. 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.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives and notes the “Long Term Plan Reporting - Coastal Hazards Strategy” staff report.
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Authored by: Approved
by:
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Simon Bendall
Project Manager
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Chris
Dolley
Group
Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Project Manager's
Update
Reason for Report
1. In accordance with standing instructions from the Joint Committee,
this report is provided in place of the written report required from the
Project Manager under the Terms of Reference for the Joint Committee.
2. It provides an opportunity for the Project Manager to present a
verbal update to the Committee and answer any questions on general project
matters including tracking against timeframes, milestone achievements and
project risks. The Project Manager will provide a verbal update at the meeting.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives the “Project
Managers Update” report.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Current Coastal
Projects Update
Reason
for Report
1. This report provides an opportunity for the Technical Advisory Group
(TAG) to provide an update on various coastal projects the Joint Committee has
expressed an interest in keeping abreast of, namely:
1.1. Whakarire Ave Revetment Works
1.2. Extended consent area for sand deposition at Westshore
1.3. Haumoana 18
1.4. Capeview corner
1.5. Whirinaki.
2. TAG members will provide a verbal update on each of these projects
at the meeting.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives the “Coastal Projects
Update”
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Briefing - Funding
Review Process
Reason for Report
1. This report provides a summary and update on the Funding Review
being initiated for the Clifton to Tangoio Coastal Hazards Strategy 2120.
Background
1. At the Joint
Committee meeting on 7 August 2020, members discussed the outcome of recent
workshops held individually with Partner Councils to discuss funding
arrangements for strategy implementation (i.e. funding the consenting,
construction and maintenance of structures and initiatives developed under the
Strategy to mitigate costal hazards risks).
2. The key outcome
was a recommendation, proffered by HBRC and later supported by HDC and NCC,
that the Joint Committee engage a retired judge/QC to consider and deliver
recommendations to all Partner Councils on how to proceed with funding
arrangements (the Funding Review).
3. The Funding
Review is proposed to address the lack of clarity in current legislation about
the respective roles of regional councils and territorial authorities in
implementing coastal hazard mitigation projects.
4. This issue was
highlighted in the April 2020 MfE case study “Challenges with
implementing the Clifton to Tangoio coastal hazards strategy 2120”
and through the report of the July 2020 RMA Review Panel report “New
Directions for Resource Management in New Zealand”.
5. While the
Strategy development process to date has been a successful example of Councils
working together on a complex, long term project, the lack of clarity in current
legislation poses challenges for the Councils when considering matters such as
raising new rates to fund structures and initiatives to mitigate costal hazards
risks.
6. Key elements of
the proposed Funding Review are:
6.1. The Review is
to be led by a senior, appropriately experienced person with legal expertise,
preferably a QC / retired judge.
6.2. The Review
will focus on funding arrangements between the Councils for the implementation
of the Clifton to Tangoio Coastal Hazards Strategy, including:
6.2.1 The
establishment of a contributory fund; and
6.2.2 The
Council or Councils that should fund Strategy implementation.
6.3. Recommendations
would be non-binding
6.4. The Joint
Committee will provide oversight for the Funding Review on behalf of the Partner
Councils
6.5. The Partner
Councils will receive the recommendations via the Joint Committee and retain
final decision-making authority.
6.6. Central
government partnership will be sought in undertaking the Review.
7. The Technical
Advisory Group (TAG), working with appointed members of the Joint Committee,
have developed a draft scope for the Funding Review, and identified a shortlist
of candidates to undertake the Review.
Next Steps
8. TAG will
present process options, potential candidates to lead the Funding Review and
discuss candidate evaluation with the Joint Committee in the public excluded
component of today’s meeting.
9. The outcome of
that workshop will inform next steps, particularly around timeframes and
process.
Decision Making Process
10. 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.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives and notes the “Briefing -
Funding Review Process” staff report.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Discussion of Minor
Matters Not on the Agenda
Reason for Report
1. This document has been prepared to assist Joint
Committee members note the Minor Items Not on the
Agenda to be discussed as determined earlier in Agenda
Item 4.
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Item
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Topic
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Raised
by
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1.
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2.
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3.
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Funding Review -
Process Options
That Hawke’s Bay Regional
Council excludes the public from this section of the meeting, being Agenda Item
11 Funding Review - Process Options with the general subject of the item to be
considered while the public is excluded; the reasons for passing the resolution
and the specific grounds under Section 48 (1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution being:
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GENERAL SUBJECT OF THE ITEM TO BE
CONSIDERED
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REASON FOR PASSING THIS RESOLUTION
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GROUNDS UNDER SECTION 48(1) FOR THE
PASSING OF THE RESOLUTION
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Funding Review - Process Options
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7(2)s7(2)(i) That the public
conduct of this agenda item would be likely to result in the disclosure of
information where the withholding of the information is necessary to enable
the local authority holding the information to carry out, without prejudice
or disadvantage, negotiations (including commercial and industrial
negotiations).
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The Council is specified, in the First Schedule to this
Act, as a body to which the Act applies.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 16 October 2020
Subject: Funding Review -
Appointment of Lead
That Hawke’s Bay Regional
Council excludes the public from this section of the meeting, being Agenda Item
12 Funding Review - Appointment of Lead with the general subject of the item to
be considered while the public is excluded; the reasons for passing the
resolution and the specific grounds under Section 48 (1) of the Local
Government Official Information and Meetings Act 1987 for the passing of this
resolution being:
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GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED
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REASON FOR PASSING THIS RESOLUTION
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GROUNDS UNDER SECTION 48(1) FOR THE
PASSING OF THE RESOLUTION
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Funding Review - Appointment of Lead
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7(2)s7(2)(a) That the public
conduct of this agenda item would be likely to result in the disclosure of
information where the withholding of the information is necessary to protect
the privacy of natural persons.
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The Council is specified, in the First Schedule to this
Act, as a body to which the Act applies.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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