Meeting of the Hawke's Bay Regional Council
Date: Wednesday 28 October 2020
Time: 11.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Agenda
Item Title Page
1. Welcome/Apologies/Notices
2. Conflict of Interest Declarations
3. Confirmation of Minutes of the Regional Council Meeting held on 30 September 2020
4. Follow-up Items from Previous Regional Council Meetings 3
5. Significant Organisational Activities through November 2020 7
6. Call for Minor Items Not on the Agenda 19
Decision Items
7. Report and Recommendations from the Regional Planning Committee 21
8. Delegations to Wairoa District Council Wastewater Discharge Resource Consent Application Hearing Panel 23
9. Proposed Schedule of 2021 Council and Committee Meetings 25
10. Affixing of Common Seal 29
16. Clive River Dredging – Late item to follow
Information or Performance Monitoring
11. Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee 31
12. Councillors' Reports from October 2020 Meetings of Outside Bodies 35
13. Discussion of Minor Matters Not on the Agenda 37
Decision Items (Public Excluded)
14. Nominations for 2020 Certificates of Appreciation 39
15. Appointment of Directors - Napier Port Holdings Limited 41
Wednesday 28 October 2020
Subject: Follow-up Items from Previous Regional Council Meetings
Reason for Report
1. On the list attached are items raised at Council Meetings that staff have followed up on. All items indicate who is responsible for follow up, and a brief status comment. Once the items have been report to Council they will be removed from the list.
Decision Making Process
2. Staff have assess 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.
That the Council receives and notes the “Follow-up Items from Previous Regional Council Meetings” staff report. |
Authored by:
Leeanne Hooper Governance Lead |
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Approved by:
James Palmer Chief Executive |
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⇩1 |
Followups for October 2020 Council mtg |
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Followups for October 2020 Council mtg |
Attachment 1 |
Follow-ups from previous Regional Council Meetings
Meeting held 30 September 2020
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Agenda Item |
Action |
Responsible |
Status Comment |
1 |
Significant organisational activities through October 2020 |
Plan for how science will be reported to Council committees |
I Maxwell /J Smith |
Science reporting will be re-introduced to Environment & Integrated Catchments Committee meetings, and Regional Planning Committee where relevant to Plan Change processes. |
2 |
Significant organisational activities through October 2020 |
Iwi engagement ‘partners’ for Mohaka |
D Meredith |
Subject of Regional Planning Committee agenda item on 14 October, including co-design being developed with Ngati Pahauwera lead, Bonny Hatami. |
3 |
Proposed Schedule of 2021 Council and Committee Meetings |
Update the schedule in accordance with 30 September feedback for Council adoption on 28 October |
L Hooper |
Done – item on 28 October Regional Council agenda for adoption. |
4 |
Flood Control Resilience Funding |
Distribute draft contract to councillors for their information |
D Keracher /C Dolley |
IRG continues to amend the contract, so staff will distribute a ‘final draft’ when available. |
5 |
Discussion of Minor Matters Not on the Agenda |
Initiatives that large organisations (e.g. HBDHB, Watties’) have in place to encourage cycling and walking to work, as well as the use of public transport and carpooling |
M Welsby /M Baker |
HBDHB fully subsidise public transport trips to and from work for their staff. HBRC partly subsidise two zone public transport trips to and from work for their staff. Information item to be on the December Regional Transport Committee agenda. |
Wednesday 28 October 2020
SUBJECT: Significant Organisational Activities through November 2020
Reason for Report
1. The commentary following is for Councillors’ information, to highlight significant areas of Council activity. Significant Council resources are being directed toward various initiatives which reflect the Council’s evolving agenda and it is considered important that Council is consistently informed on progress in areas that have or may create a high external profile.
Whole of Region |
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Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
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2021 Long Term Plan development |
1. Detailed budgeting completed by staff by 30 October followed by Exec review. 2. Council workshops scheduled for 11 November, 1, 2 16 December with aim to confirm funding and infrastructure strategies, policies, budgets and consultation topics by Christmas or end Jan at latest. 3. One month community consultation scheduled for April 2021. |
All Groups |
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Risk Maturity |
4. As part of HBRC’s risk management maturity and the implementation of the recently adopted HBRC risk management policy and framework. Bowtie workshops have commenced for HBRC’s Tier 1 risks. Bowtie workshops provide a clearer understanding of the risk and control environment for the main risk. Bowtie workshops will continue through till early 2021. |
Risk and Assurance |
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Internal Audit Programme |
5. A dashboard to track HBRC’s internal audit programme is developed and will be presented at the November 2020 FARS meeting. 6. An issues and action tracking dashboard for control and audit findings is developed and will be presented at the November 2020 FARS meeting. 7. An internal review of HBRC business continuity response to the first wave of Covid19 is drafted and will be presented at the November 2020 FARS meeting. 8. The privacy review timeline is being re-baselined due to the recruitment of two key roles being the P&C Manager and the Information Management Advisor. These roles are central to HBRC privacy policy and process decisions. |
Risk and Assurance |
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Elections |
9. Advertised – 19 September – the right of 5% of HB enrolled voters to demand a poll (by 21 February 2021) on the Electoral System (FPP or STV) to be used for the 2022 and 2025 elections. |
Strategy & Governance Electoral Officer |
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Regional Business Partner Programme & Callaghan Innovation |
10. The total COVID Business Advisory funding pool for HB is $2,056,128.00 with anticipated date of closing out the voucher pool is the end October. Will a sizable pipeline of businesses seeking funds, RBP has limited funding available per business to $2000 to support as many Hawke’s Bay businesses as possible. This is a challenging period for the RBP team.
· total number businesses assisted since 16th march: 1062 · total vouchers issued: 890 · total voucher value issued: $1,976,378.50 · average voucher value: $2219 11. RBP has issued $116,262 of the Tourism Transition Fund of the original $135,755. This fund enables tourism businesses to access an additional $5k for the same expert advice topics as COVID fund and includes business hibernation advice. 12. Top sectors RBP are working with are: · Other services · Accommodation & Food · Construction · Retail · Agriculture, Forestry & Fishing · Manufacturing 13. The additional Fixed Term 2.8 FTE RBP contract has been extended for an additional 7 weeks until the 11 December enabling completion of transactions and closing client files. Concerns have been raised by the Contract Manager to RBP National regards the growth of the RBP visibility and audience post-COVID Advisory funds and how to resource this on-going with the Business as Usual resourcing of 2.1FTE. MBIE are considering options for the RBP programme nationally and the BAU offering fit for purpose. |
RBP |
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People & Capability (including Health & Safety) |
14. Health and safety still actively managing Covid-19 process under Level 2 and now Level 1. Covid-19 testing continues with cold symptoms numbers decreasing. 15. Successful Mental Health Awareness Week launched 21-27 September 2020. All sites included for staff morning tea with chocolate biscuits, Guppy Road and Waipawa visited Michelle McGuinness, Internal Communications to deliver mental health awareness posters and biscuits. 16. 7 prize winners for the ‘Drive to the Conditions’ campaign, photo included in Snappy. 17. Meetings held with Napier based yoga instructor to provide Yoga as part of Wellness strategy. Good interest with launch date November 2020. 18. Meetings with CDEM (NCC Health and Safety Lead) to update health and safety documents should there be acritical event or resurgence of Covid-19. 19. Health and Safety attended Asset Management and Environmental Group health and safety meetings 20. Site visit with Hydrology to view role while water testing at the Karamu stream floodgates. 21. Site visit to view Works group new ‘mulcher head’ to assist with writing Code of Practice. 22. Health and Safety meeting 24/9/2020. Good attendance and feedback. 23. Wellness Champions met to discuss wellness focus for October; ‘Fun biking activities’ month with Torpedo Demo Day promoting e-bikes, the Breeze e-bike ride, Hawkes Bay Trails and mountain bike rides during the month of October. 24. Woks Group, Safe on Site and Health and Safety met to update Codes of Practice. 25. Attended the Hawke’s Bay Chamber of Commerce ‘Wellbeing’ conference. Great keynote speakers Sir John Kirwin and Dr Ashley Bloomfield. 26. The People & Capability Team is currently recruiting for nine vacant positions across the organization. The team has successfully filled five roles in the month of September. 27. The recruitment has begun for number of summer students for various teams across Groups. 28. After several vacancies within the team, a new People & Capability Manager will head the team from mid-October leading both the Human resources and the Health & Safety function. 29. A new People & Capability Coordinator will join in November as well as a fixed term Advisor to help cover two parental leaves in the team. |
People & Capability |
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30. Staff preparing reports and recommendations for the hearing scheduled to commence 30 November. Members of Hearing Panel have been confirmed as per RPC’s recommendations in July. |
Strategic Planning Policy & Planning |
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Climate Change |
31. Climate Action campaign: update will be provided to the 4 November 2020 Environment and Integrated Catchments Committee. 32. Community perceptions survey completed and results will be presented to 4 November Environment and Integrated Catchments Committee meeting. |
Strategic Planning Policy & Planning MarComms |
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33. The first draft of the Programme Business Case to support the Regional Land Transport Plan has been received and will be reviewed by the technical advisors before being shared through a further workshop with the Regional Transport Committee. |
Strategic Planning Transport |
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Catchment Services |
34. A full review of Possum Control Area (PCA) programme is currently underway. This review was one of the key recommendations made in the Catchment Services S17a review. The PCA review will be presented to Council once compete. 35. 12 properties have failed their possum monitor in the Ongaonga area. Biosecurity staff are working with these land occupiers to become compliant with the RPMP rule. 36. Aerial rook control is underway which includes two active urban rookery’s. These nests will be treated at the end of October with a helicopter utilizing a under slung strop man applying DRC 1339 gel bait directly into nests. The team are also collaborating with Gisborne District Council to treat the only known rookery in their region (Te Puia Springs). 37. The Pest Plant team have contacted all land occupiers with Chilean Needle Grass and have commenced control. This will continue through to January. 38. HBRC will receive $554,000 of central government funding over the next four years to control wilding conifers on private land in the Rangitaiki and Napier/Taihape Rd area. The first contract starts in November. 39. Marine biosecurity – hull inspections were undertaken on commercial fishing vessels within the Ahuriri inner harbour. 8 out of the 13 vessels failed to meet the RPMP clean hull rule. Biosecurity staff are working with the companies to haul these vessels out and clean their hulls. |
Integrated Catchment Management Biosecurity/ |
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Predator Free Hawke’s Bay |
40. Final stages of the operational protocol development for proof of freedom modelling, to be implemented in the first 5500ha area of Mahia Peninsula. 41. Taking part in full day online workshops of all the existing and new predator free projects in NZ to share knowledge and experience 42. Finalising the research projects for this financial year with Manaaki Whenua – Landcare Research to meet the needs of the project and drive value for similar national projects 43. Bait station and trap set up continue on remaining 9000 ha |
Integrated Catchment Management Biosecurity/ |
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Catchment Management
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44. 3 Freshwater Improvement Fund applications have been submitted. Decisions on progression to Stage 2 are due by mid November. 45. 1 application to MFE to the Public Waterways and Ecosystem Restoration Fund (PWERF) for shovel ready riparian fencing projects. We hope to have the deed back and signed by MFE by mid-November. |
Integrated Catchment Management
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Right Tree Right Place |
46. Finalising RTRP LTP financial information requirements 47. Modelling in catchment scenarios for targeted RTRP investment impact on sediment reduction 48. High level linking of NPS Freshwater 2020 regulations to the RTRP investment context 49. Continuing conversations with RTRP potential partners |
Integrated Catchment Management RTRP |
Northern Catchment |
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Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
50. Reported to RPC on 14 October ... |
Strategic Planning Policy & Planning Team |
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Nuhaka River Road |
51. HBRC is acting in an advisory capacity to WDC with respect to design. River re-alignment works complete and box culvert installation underway. Road rehabilitation to follow on next month. |
Asset Management Regional Projects |
Nuhaka Slip
East Coast Farming Expo
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52. The Catchment team area currently working with two consultants to review and advance plans for remediation of the Nuhaka Earthflow (known as the Nuhaka slip). Field work begins next week and landowner consultation is ongoing.
53. Planning work and discussion with event organisers is underway for this event on the 24th and 25th of February 2021.
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Catchment Management
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Ferry Road, River Parade, Wairoa |
54. HBRC was successful in receiving Govt Resilience Funding managed by the PDU. Project value $1m erosion protection at Ferry Hotel and River Parade, Wairoa with Govt contributing $640k and local contribution of $360k. Project programming is underway and contract due for signing end of October. |
Asset Management Regional Projects |
Area Manager Activity |
55. The Wairoa Catchment Delivery Case Study has now been completed and is currently with Executive for review. 56. The Whakaki Catchment Pilot (joint MBIE, MPI, WDC & HBRC project) is nearing completion with the final phase being a meeting with landholders to discuss the results of the economic impact assessment. This is being scheduled for mid to late November. 57. Multiple meetings have been held around the Mohaka Plan Change and the community engagement schedule is being finalised, with meetings proposed for Mohaka and Wairoa towards the end of November. |
Integrated Catchment Management |
Central Catchments |
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Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
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TANK plan change (PC9) |
58. 240 submissions have been received on the TANK plan. Preparations underway to release Summary of Decisions Requested in those submissions by November, then invite Further Submissions for a ten working day period. Hearings are being scheduled for May 2021. |
Strategic Planning Policy & Planning |
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Ngaruroro and Clive Rivers – Application for Water Conservation Order |
59. Expert caucusing regarding new evidence submitted by Forest & Bird occurred on 1 October. 60. Environment Court mediation was held on 15 & 16 October. Parties agreed to further expert planning caucusing before Christmas 2020. There is to be a final round of evidence exchange before the hearing which is set down for 9-19 February 2021. |
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Heretaunga Plains Scheme review |
61. HPFCS asset conditions completed for Tutaekuri and Ngaruroro river, currently ongoing lower Tukituki river condition assessment. 62. Council paper and update going on to EICC on the 4th of November. 63. Hydrodynamic model for Tutaekuri has been constructed and calibrated, including scenarios for 100yr, 200yr and 500yr. Advice from NIWA confirmed our methodology of deriving discharges from flood frequency analysis. Still in discussions on methods of adding climate change into the flood frequency model. 64. Ngaruroro River hydrodynamic modelling underway, with completion by November. 65. Geotechnical testing is being scoped for two sites on Tutaekuri river for strengthening works as part of IRG (PDU) funded projects. The physical testing is planned to be undertaken in December 2020. |
Asset Management Regional Projects |
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Flood Control Schemes |
66. Asset Management Plans and Infrastructure Strategy are under review. Feedback from Council workshop being incorporated. Financial modelling will commence in October. 67. HBRC was successful in receiving Resilience Funding managed through PDU to accelerate the work towards the target 0.2% AEP (1:500) level of protection for the Heretaunga Plains Flood Control Scheme. $20m overall project budget with 64% being funded by Govt and 36% by HBRC. Awaiting Contract with PDU. Project acceleration has been initiated.
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Asset Management Engineering
Regional Projects |
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Clive River Dredging |
68. Council presentation and workshop to update and seek direction for the future work. 69. Soil testing results of proposed site(s) received, analysis of results completed and presented to affected party. 70. Resource Consent underway awaiting confirmation on the preferred option. |
Asset Management Regional Projects |
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Lake Tūtira |
71. Two tenders for Kahikanui stream bridge have been received out of a possible five. Preferred tenderer has submitted alternative design with $50k savings compared to engineers estimate. Site mobilisation early November with completion in early January 2021. 72. Assessment of Environmental Effects for Southern Outlet is being reviewed by Maungahuru Tangitu Trust. 73. Lake buoys on Waikōpiro and Tūtira have been serviced/upgraded and are currently operating well. The air curtain has been running without fault since the end of August. The continuous data being collected from both lakes will provide a robust dataset to help assess performance of the air curtain this season. |
Asset Management Regional Projects
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Gravel Management |
74. Maraekakaho access road – Construction is on schedule, significant earthworks completed, SH50 shoulder widening underway with sealing due next month. 75. Global gravel extraction resource consent – prehearing meeting schedule for October 20 - completed but still not resolved all the issues and another meeting is scheduled for November. 76. Meeting and brief update is now scheduled in October with all gravel extractors. 77. Gravel allocation report for FY 2020-21 completed and approved. |
Asset Management Regional Projects/ Schemes Regulation Consents |
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Heretaunga Plains water take renewals |
78. 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, and the draft report being prepared for discussion with parties. These are being kept on hold while the TANK Plan Change advances. |
Regulation Consents |
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79. Funding confirmation has been approved following council meeting in October.
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Asset Management Regional Projects |
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NZCT Priority Project Ahuriri Underpass Flooding Safety Issues |
80. Working with NZTA around solution – seawall plan is finalised by OPUS for Southern End. Funding approved, work out to tender and will be let early Nov. Construction window expected Nov – March approx. |
Asset Management Open Spaces |
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NZCT Priority Project Waimarama Rd Safety project |
81. Working with HDC to complete safer off-road section parallel to Waimarama Road, for all trail users. Expected start next month. |
Asset Management Open Spaces |
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NCC / HBRC Westshore tidal gates and NCC Lagoon Farm stormwater discharge consents |
82. These applications were limited notified. The submission period has closed and no submissions were received. The consent will be processed without need for a hearing. Draft conditions have been circulated and are awaiting feedback from the applicants. |
Regulation Consents |
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NCC Municipal Wastewater |
83. NCC have begun repairs on both the 630m and 700m leaks. The repairs require several consecutive days of fine weather to undertake and NCC are confident that the leaks can be repaired within the abatement notice period.
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Regulation Compliance & Enforcement |
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84. Quarterly steering group meetings have been held with HDC and NCC to discuss issues, compliance and work for the year ahead. Currently every Council including HBRC prepare their own stormwater education programmes. 85. HBRC is investigating options to pool resources with other TLAs to produce a region wide stormwater education programme. CHBDC has already indicated that they want to see a combined approach taken. |
Regulation Compliance & Enforcement |
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Haumoana Ponds |
86. A limited investigation into the Haumoana ponds last summer has raised questions around the potential cumulative effects of septic tanks from this, and other communities, around Hawke’s Bay. Further work will be undertaken in collaboration with HDC this summer to confirm potential risks. |
Asset Management Env. Science Compliance & Enforcement |
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Incidents and Enforcement |
87. Pollution Response and Enforcement received 280 incidents (Air 187, Land 45, Surface water 38, Coastal 9, Ground Water 1) logged through our hotline for the period 1 July 2020-30 September 2020.
88. Total infringements for year to date 1/7/20 – 14/10/20 = 22
89. Hastings Demolition was convicted and fined the amount of $11,900 with ninety percent of the fine to be paid to HBRC. 90. We still await the sentencing decisions on the following Maxwell Farms (Effluent discharge), Farmers Transport and Dynes Tapanui (Stormwater discharge) and a sentencing indication on Johnny Appleseed (Spray drift). 91. Additionally HBRC currently have 5 active prosecutions initiated year to date (14/10/20) various stages, which we are unable to comment on. |
Regulation Compliance & Enforcement |
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Hawea Historical Park / Karamu Stream Diversion |
92. Hawea Park Draft Management plan is still under development. It needs clarifications on funding and co-funding opportunities. 93. Ongoing monthly meetings with the Hawea Historical Park management committee. 94. Stage 3 of the development being planned by the Open Spaces and Regional Project team. |
Asset Management Open Spaces Regional Assets |
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Waitangi Regional Park |
95. Marquee area - minor earthworks and foundations to be installed early November. 96. Overflow car park nearing completion – some damage has occurred due to antisocial behaviour. 97. Ongoing antisocial behaviour. CCTV cameras being considered for Pakowhai Regional Park carpark and Waitangi Regional Park carpark. 98. New Waikahu wetland functioning well as a biodiversity habitat with remedial work complete to protect a section of the berm from wind lap erosion. 99. Stage 3 of the development including vehicle access to the river and public toilet being considered and some feasibility planning under way. |
Asset Management Regional Projects |
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Soil Conservation Nursery
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100. The Works Group are in the final stages of signing a Service Agreement with HBRC Catchment Management to manage the day to day operations of the Allen Road soil conservation nursery and delivery of the annual pole production. |
Catchment Management |
Southern Catchments |
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Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
CHBDC Wastewater discharge consents |
101. CHBDC have begun removing ineffective wetland treatment systems at Waipawa/Waipukarau WWTP as part of required upgrades under the enforcement order. 102. Meeting was held between HBRC and CHBDC to discuss the proposed wastewater upgrades for most systems run by CHBDC. Community engagement on proposed options is occurred during August and Council endorsed the strategy in October. Resource consents applications are required and lodgement is pending for some of these activities. 103. The upgrades will be completed in 9 phases across 5 projects, more information can be found here. |
Regulation Consents & Compliance |
Tukituki ecosystem health guidance for farm consenting |
104. Guidance being finalised for farm plan providers to work through potential ecosystem health mitigations to include in farm plan consents, in situations when nitrogen limits cannot be met immediately. |
Regulation Consents & Compliance ICM |
CHB A&P Show |
105. Planning work and discussion with event organisers is currently underway for this event on the 12th to the 14th of November 2020. 106. Application to the HBRC Erosion Control Scheme (ECS) for significant retirement and planting works in the Waipuka (Ocean Beach) Catchment. The application would leverage $1.4m in 1BT and PGF funding.c |
Catchment Management
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Production land use consents - Tukituki catchment |
107. 25 complete production land use activity consents have been lodged and approximately 150 pre-applications received to date. Letters have been sent to applicants informing them of the new deadline of 26 February 2021 for lodgement of Tukituki land use resource consent applications. 108. RPC agreed to withdraw from plan change process 19 August. Staff have reset the consenting programme for consenting following Cl briefing. Procedural Guidelines and application forms have been updated. Advice on recent national changes (NES Freshwater and Stock exclusion regulations) has been integrated. 109. Compliance staff are following up on the seven remaining properties who still have not provided a farm environment management plan (FEMP). To date we have had some 800 FEMPs. |
Regulation Consents & Compliance |
Upper Tukituki Flood Control Scheme |
110. HBRC was successful in obtaining Government Resilience Funding managed through the PDU. There are two projects: 111. Erosion Control on Waipawa River u/s SH50 Bridge- Total project $1m with $640k from Government and $360k from NZTA and HBRC combined. Detailed design nearing completion, physical works to commence November 2021 112. Extraction of Gravel from Upper Tukituki Scheme. $8m project total with $5.1m from Govt and $2.9m from HBRC. Further consultation with UTT ratepayers and LTP proposal to assist with long term loan funding option. Industry workshop held in early September, ongoing communication with key stakeholders. Analysis and river surveys being completed to determine more accurate volumes and locations of gravel available.
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Asset Management Regional Projects |
Farm Environment Management Plans (FEMPs) |
113. Updates of FEMP’s in the Tukituki catchment will be due by 26 February for those requiring consents. Others are due to be updated by the end of May. Activities and communications with farmers and farm plan providers over the next few months will be focused on people achieving these updates by the key dates. |
ICM – Catchment policy Implementation |
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.
That the Hawke’s Bay Regional Council receives and notes the “Significant HBRC Activities through November 2020” staff report. |
Authored by:
Mary-Anne Baker Acting Transport Manager |
Jack Blunden Team Leader Compliance - Urban & Industrial |
Jenny Brown Principal Business Advisor RBP |
Desiree Cull Strategy and Governance Manager |
Peter Davis Manager Environmental Information |
Russell Engelke Team Leader Open Spaces |
Janine Barber Acting Team Leader Hydrology/Hydrogeology |
Dean Evans Manager Catchments Delivery |
Craig Goodier Team Leader Engineering |
Martina Groves Acting Regional Asset Manager |
Nathan Heath Area Manager Northern Hawke's Bay |
Gavin Ide Principal Advisor Strategic Planning |
David Keracher Acting Manager Regional Projects |
Dr Kathleen Kozyniak Principal Scientist (Air) |
Campbell Leckie Manager Catchment Services |
Dr Barry Lynch Team Leader/Principal Scientist (Land Science) |
Helen Marsden Risk and Assurance Lead |
Kirsty McInnes Senior Advisor Health and Safety |
Malcolm Miller Manager Consents |
Mark Mitchell Team Leader/Principal Advisor, Biosecurity/Biodiversity |
Thomas Petrie Project Manager Environmental Hotspots |
Bronda Smith Chief Financial Officer |
Dr Jeff Smith Manager Science |
Erika Teariki People & Capability Advisor – People Solutions |
Jolene Townshend Senior Advisor Integrated Catchment Management |
Nick Zaman Manager Compliance |
Approved by:
Tom Skerman Regional Water Security Programme Director |
Liz Lambert Group Manager Regulation |
Iain Maxwell Group Manager Integrated Catchment Management |
Chris Dolley Group Manager Asset Management |
James Palmer Chief Executive |
Jessica Ellerm Group Manager Corporate Services |
Wednesday 28 October 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 13:
Topic |
Raised by |
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Leeanne Hooper GOVERNANCE LEAD |
James Palmer CHIEF EXECUTIVE |
Wednesday 28 October 2020
Subject: Report and Recommendations from the Regional Planning Committee
Reason for Report
1. This item presents the recommendations arising from the 14 October 2020 Regional Planning Committee meeting for Council’s consideration and approval.
Agenda Items
2. The Mohaka Plan Change presented the proposed process for co-design of a plan change to give effect to the National Policy Statement for Freshwater Management 2020 (NPS-FM) for freshwater and land management within the Mohaka Catchment for approval.
3. The Regional Coastal Environment Plan - Effectiveness Review item presented a soon to be published report on the evaluation of the Hawke’s Bay Regional Coastal Environment Plan’s (RCEP) effectiveness.
4. The Kotahi item introduced the concept and work programme intended to deliver a single regional resource management plan which considers environmental issues and solutions in a more holistic way and reflects a “ki uta ki tai” approach for resource management in the Hawke’s Bay region.
5. The Update on Central Government's Essential Freshwater and Resource Management Reform Work Programmes provided an update on Central Government’s ‘Essential Freshwater’ and Resource Management system reform work programmes.
6. The Resource Management Policy Projects October 2020 Update provided an outlined and update of the Council’s various resource management projects currently underway.
7. The October 2020 Statutory Advocacy Update reported on proposals forwarded to the Regional Council and assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project.
Decision Making Process
8. These items were specifically considered at the Committee level.
The Regional Planning Committee recommends that Hawke’s Bay Regional Council: 1. Receives and notes the “Report and Recommendations from the Regional Planning Committee”. 2. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision. Mohaka Plan Change 3. Agrees to support a co-design process between HBRC and tāngata whenua for development of the proposed Mohaka Catchment plan change 4. Receives the Project Brief as a guide to the development of the proposed Mōhaka Catchment plan change and draft implementation plan, subject to the endorsement of all co-design partners. Reports Received 5. Notes that the following reports for information were provided to the Regional Planning Committee 5.1. Regional Coastal Environment Plan - Effectiveness Review 5.2. Kotahi 5.3. Update on Central Government's Essential Freshwater and Resource Management Reform Work Programmes 5.4. Resource Management Policy Projects October 2020 Update 5.5. October 2020 Statutory Advocacy Update. |
Authored by:
Mary-Anne Baker Acting Transport Manager |
Belinda Harper Senior Planner |
Approved by:
Tom Skerman Regional Water Security Programme Director |
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Wednesday 28 October 2020
Subject: Delegations to Wairoa District Council Wastewater Discharge Resource Consent Application Hearing Panel
Reason for Report
1. Council has appointed a hearing panel for the Wairoa District Council waste water discharge resource consent application. This report is to ensure delegations for the panel are clearly stated.
Officers’ Recommendation(s)
2. The appointed panel are Martin Williams (Chair), Malcolm Green, and Rauru Kirikiri. The recommendation is that the panel be delegated the functions and duties necessary to hear and decide the application by Wairoa District Council to discharge wastewater. These are the functions and duties set out under sections 37, 37A, 39, 39AA, 40, 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104, 104A, 104B, 104C, 104D, 104E, 105, 107, 108, 108AA, 108B, 109, 113, and 115 of the Resource Management Act.
Executive Summary
3. The panel has been appointed to hear and decide the application by Wairoa District Council. When the panel was appointed the delegations were not specified. This report is to allow Council to ensure that the delegations are clearly set out. The sections that they must be able to apply and over which they should have delegation are as follows: sections 37, 37A, 39, 39AA, 40, 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104, 104A, 104B, 104C, 104D, 104E, 105, 107, 108, 108AA, 108B, 109, 113, and 115 of the Resource Management Act.
Significance and Engagement Policy Assessment
4. The hearing of this application is important. The Council has appointed the panel to hear this matter. The delegations need to be correctly recorded. This step is not of significance in terms of the significance and engagement Policy.
Financial and Resource Implications
5. This clarification will assist in the effective and efficient and lawful hearing of the resource consent. Costs of the hearing will be borne by the applicant.
Decision Making Process
6. 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:
6.1 The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan
6.2 The use of the special consultative procedure is not prescribed by legislation
6.3 The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy
6.4 The persons affected by this decision are the applicant and the persons interested in the Wairoa waste water discharge. These parties will be assisted by this clarification
6.5 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.
That Hawke’s Bay Regional Council: 1. Receives and considers the “Delegations to Wairoa District Council Wastewater Discharge Resource Consent Application Hearing Panel delegations” 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. Delegate to the hearing panel appointed to hear the Wairoa District Council wastewater discharge resource consent application, the duties and functions as set out in sections 37, 37A, 39, 39AA, 40, 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104, 104A, 104B, 104C, 104D, 104E, 105, 107, 108, 108AA, 108B, 109, 113, and 115 of the Resource Management in order to hear and decide the application.
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Authored by:
Malcolm Miller Manager Consents |
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Approved by:
Liz Lambert Group Manager Regulation |
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Wednesday 28 October 2020
SUBJECT: Proposed Schedule of 2021 Council and Committee Meetings
Reason for Report
1. This item proposes the schedule of meetings for Council and its committees for the upcoming year for adoption.
Officers Recommendation
2. Staff recommend that Council adopts the schedule as proposed, which has been amended in response to feedback provided at the 30 September Regional Council meeting.
Background
3. Council traditionally adopts a Schedule of Meetings for the following year by October each year.
4. The proposed 2021 schedule of meetings (attached) has been developed taking the following feedback into consideration where possible.
4.1. Keep July free of meetings if possible – have managed to keep the middle three weeks of July 2021 free of meetings
4.2. Consider whether one week of each school holiday period is kept free of meetings – this has been incorporated into the 2021 schedule
4.3. Consider shifting April FARS to accommodate one free week of the April school holidays – cannot shift earlier as financial reporting will not be available in time, so have shifted to May.
Decision Making Process
5. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
5.1. Council is required to (LGA sch.7 cl.19(1)) hold the meetings that are necessary for the good government of its region
5.2. Adoption of a schedule of meetings is specifically provided for under Schedule 7, Part 1, Section 21
5.3. Given the provisions above, Council can exercise its discretion and make these decisions without consulting directly with the community or others having an interest in the decision.
That Hawke’s Bay Regional Council: 1. Receives and considers the “Proposed Schedule of 2021 Council and Committee Meetings” staff report. 2. Agrees that Council can exercise its discretion and make these decisions without consulting directly with the community or others having an interest in the decisions 3. Adopts the 2021 Schedule of Meetings as proposed. |
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
James Palmer Chief Executive |
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⇩1 |
Proposed 2021-25 Meeting Schedules and Work Programs |
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Wednesday 28 October 2020
Subject: Affixing of Common Seal
Reason for Report
1. The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.
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Seal No. |
Date |
1.1 |
Leasehold Land Sales 1.1.1 Lot 30 DP DP11447 CT B4/121 - Transfer
1.1.2 Lot 1 DP 522426 CT 926696 - Transfer
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4411
4412 |
6 October 2020
14 October 2020 |
2. The Common Seal is used twice during a Leasehold Land Sale, once on the Sale and Purchase Agreement and once on the Land Transfer document. More often than not, there is a delay between the second issue (Land Transfer document) of the Common Seal per property. This delay could result in the second issue of the Seal not appearing until the following month.
3. As a result of sales, the current number of Leasehold properties owned by Council are:
3.1. 0 cross lease properties were sold, with 69 remaining on Council’s books
3.2. 2 single leasehold properties were sold, with 85 remaining on Council’s books.
Decision Making Process
4. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded:
4.1 Council can exercise its discretion and make a decision on this issue without conferring directly with the community
4.2 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.
That Hawke’s Bay Regional Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision. 2. Confirms the action to affix the Common Seal. |
Authored by:
Diane Wisely Executive Assistant |
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Approved by:
Jessica Ellerm Group Manager Corporate Services |
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Wednesday 28 October 2020
Subject: Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee
Reason for Report
1. This item provides a summary of discussions that took place at the 16 October 2020 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting for the Council’s consideration alongside any additional commentary the Chair, Jerf van Beek, may wish to provide.
Meeting Summary
2. An update on progress of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee is attached.
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.
That Hawke’s Bay Regional Council receives and notes the “Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee” |
Authored by:
Simon Bendall Project Manager |
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Approved by:
Chris Dolley Group Manager Asset Management |
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⇩1 |
Coastal Hazards Joint Committee - Meeting Summary 16 Oct 2020 |
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Wednesday 28 October 2020
SUBJECT: Councillors' Reports from October 2020 Meetings of Outside Bodies
Reason for Report
1. This item provides the means and opportunity for councillors appointed to Outside Bodies to bring issues of significant interest from recent meetings to the attention of Council.
Background
2. Each Triennium, Council appoints councillor representatives on the following Outside Bodies. Appointees for this Triennium are noted beside each body.
2.1. Local Government New Zealand (LGNZ) Zone 3 (Hinewai Ormsby and Martin Williams)
2.2. HB TB Free Committee (Will Foley)
2.3. Future Farming Trust (Will Foley)
2.4. Tukituki Leaders Forum (Will Foley and Jerf van Beek)
2.5. HB Drought Committee (Will Foley and Jerf van Beek, Rex Graham ex officio)
2.6. HPUDS Implementation Working Group (Jerf van Beek and Martin Williams)
2.7. HB Cycling Governance Group (Jerf van Beek)
2.8. Te Komiti Muriwai o Te Whanga (Neil Kirton)
2.9. HB Tourism Board of Directors (Craig Foss)
2.10. HBRIC Ltd (Rick Barker, Craig Foss, Neil Kirton).
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.
That the Regional Planning Committee receives and notes the “Councillors' Reports from October 2020 Meetings of Outside Bodies”. |
Leeanne Hooper Team Leader Governance |
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Approved by:
James Palmer Chief Executive |
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Attachment/s
Wednesday 28 October 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 5.
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Wednesday 28 October 2020
Subject: Nominations for 2020 Certificates of Appreciation
That Council excludes the public from this section of the meeting, being Agenda Item 14 Nominations for 2020 Certificates of Appreciation with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:
GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED |
REASON FOR PASSING THIS RESOLUTION |
GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION |
Nominations for 2020 Certificates of Appreciation |
7(2)(a) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to protect the privacy of natural persons. |
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
Desiree Cull Strategy and Governance Manager |
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Wednesday 28 October 2020
Subject: Appointment of Directors - Napier Port Holdings Limited
That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 15 Appointment of Directors - Napier Port Holdings Limited with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:
GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED |
REASON FOR PASSING THIS RESOLUTION |
GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION |
Appointment of Directors - Napier Port Holdings Limited |
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. |
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |
Authored by:
Blair O'Keeffe HBRIC Ltd Chief Executive |
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Approved by:
James Palmer Chief Executive |
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