Agenda of Regional Council Meeting - Wednesday, 29 September 2021

HAWKE’S BAY REGIONAL COUNCIL

29 September 2021

Subject: Significant Organisational Activities Looking Forward through October 2021

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
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
Incidents and Enforcement	1. Currently visiting all consented and unconsented vehicle wrecker/dismantling yards in Hawke’s Bay ensuring they are complying with their consents or need to apply for consent. Since the visits, 3 properties have engaged consultants and are in the process of applying for resource consent for their activities whilst one is making a variation to their current consent. Further follow up will be undertaken in October from previously visited properties that have not taken any action.	Regulation Compliance & Enforcement
Poplar and Willow Nursery	2. Post-harvest - re-development of the nursery has begun, specifically targeting: · Site maintenance · Maximising production · Balancing rotation to smooth out production difference between harvest years · Utilisation of unused space · Irrigation maintenance · Changing row spacing from double rows to single rows · Replace un-used trial species · Reduce variety fragmentation	ICM Catchment Delivery
Primary Sector Collaboration	3. An initial primary sector Pan Sector group meeting was deferred due to Covid lockdown – now scheduled 5 October. The intention is to be well connected to primary sector groups and organisations so that we have a common understanding and clear and consistent messaging to help landowners navigate upcoming RMA and other changes and requirements. This group will not replicate the Hastings District Council Primary Producers group which is focused on a shared awareness of rural issues at the political level.	ICM – Catchment policy implementation
Outstanding Water Bodies Plan Change 7	4. The appeal period closed 6 August 2021 against decisions made by an independent 3-person panel of hearings commissioners. Three appeals were received from: 4.1. Te Taiwhenua o Heretaunga, Te Runanganui o Heretaunga, Te Manaaki Taiao o Heretaunga and Ngati Kahungunu Iwi Incorporated, 4.2. Royal Forest and Bird Protection Society of NZ Inc and 4.3. the Maori Trustee. 5. The Environment Court has yet to issue any directions or immediate next steps for the parties to follow. 6. On 1 September, the Regional Planning Committee recommended to Council that HBRC’s CE be given delegated authority to sign on behalf of Council, any negotiated agreements or mediated agreement relating to an appeal against the Hearing Panel decisions.	Policy & Planning Policy & Regulation
Reporting to Environment Minister on Intensive Winter Grazing activities	7. October - Reporting to MFE on Intensive Winter Grazing monitoring and activities for previous quarter (1 July to 30 September). This includes monitoring, compliance and proactive engagement across HBRC teams. This is the second reporting period.	Compliance, ICM -Catchments Policy Implementation, Land Science

Northern Catchment
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
River Parade Erosion Protection	8. Site works have been delayed as a result of COVID and sub-contractor delays and mobilisation is now expected late September	Regional Projects
Right Tree Right Place	9. 8 September EICC meeting approved bringing forward Opex funding to accelerate progress. Currently assessing the opportunity/risk for seedling order by end of September for initial farm planting in 2022. Progressing partnership agreement with commercial partners and developing procurement plans for required consultants.	ICM
Biodiversity and biosecurity	10. Predator Free HB team focus is mainly Whakatipu Mahia, with bait station refills and refining placement of the barrier to protect the peninsula. 11. Entering the next phase of hunting down surviving possums using predator dogs, motion sensitive cameras, auto feeders, wireless traps and infra-red spotlighting equipment. 12. Monitoring programme for PCA properties prepared and contractor to begin the farmer contact process under new HASE guidelines being tested. 13. Starting preparations for this season’s rook control programme. 14. Rabbit control Gwavas Station (shared Costs) 15. The joint HBRC - Te Uru Rakau planting project totalling $500,000 across 83ha covering 48 projects, largely complete for this FY. Some farmers decided to delay plantings until next year due to drought concerns, an ongoing challenge for the project. 16. HBRC has signed the deed for the Jobs for Nature Private Land fund and planning is now underway to deliver works at the 14 Ecosystem Prioritisation sites over a three-year period. This includes 42km of deer fencing, protecting 423ha of acutely or chronically threatened ecosystems within HB. This is a $1.9m project with HBRC’s contribution of $600k.	ICM – Catchment Services

Central Catchments
Project / Activity Description	Significant Upcoming Milestone(s)	Group /Team or Section
TANK Plan Change (PC9)	17. The Hearing Panel has scheduled 27 & 28 September to discuss some issues in more detail.	Policy & Planning
Omaranui Landfill expansion resource consent applications	18. Hearing Panel was appointed and hearing scheduled 16 September rescheduled for 1 November. Rauru Kirikiri has been appointed as a replacement panel member.	Regulation Consents
Clive River Dredging and discharge of dredge materials	19. Applications lodged for the dredging and discharge of dredged material have been assessed by external consultants and further information requested. A notification decision has not been made. This depends on the information to be provided or could be requested by the applicant. A Hearing Panel has been appointed in case the application proceeds to a Hearing.	Asset Management Regulation Consents
Flood Control Schemes	Resilience Funded projects 20. Taradale stopbank strengthening detailed design in progress. Early contractor engagement has commenced on methodology and specifications for construction. 21. Moteo, Roys Hill, Ngatarawa, East Clive stopbank ground investigation works being worked through with consultants with estimated delivery by November 2021.	Asset Management Engineering Regional Projects
Heretaunga Plains Scheme review	22. The Lower Tukituki River hydrodynamic model is nearing completion, results show that more significant work will be required to increase resilience of the infrastructure. This new information is being fed into the work reprioritising stopbank upgrades. 23. Further modelling of lower reaches and river mouth being done to understand the effects of different conditions.	Asset Management Regional Projects
Gravel Management	24. Asset Management team is working to find a suitable solution for rivers which are not part of the global consent. 25. Global Consent site visit has been rescheduled for 9 November and Hearing is to be scheduled in December. Gravel allocations determined under the existing system for 2021-22 in the meantime.	Asset Management Consents, Schemes
Waitangi Regional Park	26. Stage 3 delivery of the Waitangi Park with focus on the coastal site, creating a safe river access, wetlands and restricting access to 4WD. We also proceed with planning to install a toilet block with consideration of infrastructure. CCTV cameras are being installed to provide surveillance of activities in this popular open space. 27. A Memorandum of Understanding for collaboration with Atea a Rangi Educational Trust and four hapu is underway to agree on future development of the park while identifying opportunities to work together to celebrate significant sites.	Asset Management Open Spaces
Removal of dead trees in Waipukurau Forest (Gum Trees Mountain Bike Park)	28. Around 3.5 hectares of Eucalyptus regnans in the Waipukurau Forest (also known as the Gum Trees Mountain Bike Park) had died due to moisture stress in recent dry years. With climate change and ongoing dry summers, mortality is likely to be ongoing. In October, areas will begin to be cleared for replanting in more suitable species next winter. To make practical replanting areas, some living trees will also be removed. Saleable logs will be sold as firewood, and the unsaleable wood mulched to minimise the build-up of fire fuels.	Asset Management Open Spaces, Forestry
Hawea Historical Park / Karamu Stream Diversion	29. Draft Hawea Park Management plan is under review, awaiting cultural information from the Hawea Historical Park Management Committee. 30. Stage 3 project delivery includes pathways around the park, construction work for widening of the confluence and design of the bridge. 31. The community planting day proposed in August did not occur due to Covid-19 lockdown.	Asset Management Open Spaces, Regional Assets
Bayview/ Whirinaki Cycleway	32. Project on hold pending NCC confirmation of project risks, budget, property acquisition risks and possibility of compulsory acquisition.	Asset Management Regional Projects
National Policy Statement on Urban Development 2020 implementation	33. A technical assessment of 2020-2050 housing demand and potential supply for range of housing types is nearing completion for the Napier-Hastings urban area. 34. An overview of the final assessment work is intended to be presented to each of the three partner councils at one of their respective committee or council meetings in November. 35. The assessment for the Napier-Hastings urban area is required by the 2020 National Policy Statement on Urban Development (‘NPS-UD’). The NPS-UD directs that Napier City Council, Hastings District Council and HBRC are jointly responsible for undertaking this housing needs assessment.	Policy & Planning

Southern Catchments
Upper Tukituki Flood Control Scheme	36. Earthworks completed on Waipawa river erosion above SH50 and handover to asset owner is under way. 37. Meeting with contractors and gravel industry to discuss commercial model and seek feedback on the model. 38. Prioritisation for the gravel extraction location has been confirmed. 39. Working on forming new accesses over private land to reach priority areas.	Asset Management Regional Projects, Schemes

Southern Catchments

Project /Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

Upper Tukituki Flood Control Scheme

36. Earthworks completed on Waipawa river erosion above SH50 and handover to asset owner is under way.

37. Meeting with contractors and gravel industry to discuss commercial model and seek feedback on the model.

38. Prioritisation for the gravel extraction location has been confirmed.

39. Working on forming new accesses over private land to reach priority areas.

Asset Management

Regional Projects, Schemes

Enforcement Actions
40. There are 11 active prosecutions before the court, at various stages therefore not able to comment publicly on.
Date	Type of Enforcement Action	Outcome
Jun 19	Burning prohibited items	Still before the court
Mar 20	Discharge to land that may enter water	Still before the court
Jun 20	Burning prohibited items	Still before the court
Jun 20	Discharge to land that may enter water	Still before the court
Jun 20	Discharge to land that may enter water	Still before the court
Jul 20	Discharge to land that may enter water	Still before the court
Oct 20	Burning prohibited items	Still before the court
Nov 20	Burning prohibited items	Still before the court
Nov 20	Discharge to land that may enter water	Still before the court
Jan 21	Discharge to air - odour	Still before the court
Feb 21	Discharge to land that may enter water	Still before the court

PMO: Strategic Projects Reporting

Nineteen strategic (or change) projects have been identified so that progress can be tracked by the Project Management Office (PMO) and shared monthly throughout the lifecycle of these projects. These projects have been selected because of their significance in terms of investment, risks, benefits, and interdependencies. Eight of the 19 are reported here. The full 19 will be reported on from next month onwards.

*Risk is inherent vs residual risk (i.e. RAG status prior to mitigations and controls implemented).

Project Performance Indicators: Green = On Track, Amber = At Risk, Red = Off Track

	Project/Programme Title	Schedule	Risks*	Budget	Comment
41.	Right Tree Right Place Pilot				Formalising partnership arrangements with preferred commercial partner has been delayed causing delays to finalising project planning. Seedling shortages. Carbon market uncertainty.
Right Tree Right Place Pilot on up to five farms to understand the detail set-up costs, partnership, and delivery options. Under the trial, we would offer a loan to landowners to plant trees on their erodible land. Opportunities being explored with The Nature Conservancy.
42.	Regional Water Security Programme: Project 1: Heretaunga Water Storage				Delays due to COVID and additional Geotech investigations. Lowland Stream augmentation awaiting next round of mana whenua engagement
43.	Project 2: Managed Aquifer Recharge				Technical workstreams steady. Waiting for mana whenua engagement for Cultural Impact Assessment. Landowner engagement and irrigation trial options positive
Regional Water Security Programme PGF funding has allowed us to investigate water supply options through two projects: Heretaunga Water Storage and Managed Aquifer Recharge in Central Hawke’s Bay. A 50-year Regional Water Assessment will inform the work, including regional water supply and demand into a future challenged by climate change.
44.	Ahuriri Regional Park				New dedicated project manager to be appointed by NCC. Project scope needs to be fully defined with NCC. Focus for the next year is to clarify vision, scope, and reconnect with Mana Ahuriri. Three Waters Reform may impact.
Ahuriri Regional Park Working alongside NCCC to redevelop the Lagoon Farm site into a Regional Park will allow for stormwater detention and wetland treatment for improved environmental outcomes, as well as providing cultural, educational, and recreational opportunities.
45.	Clifton to Tangoio Coastal Hazards Strategy Implementation				An in principle decision for HBRC to take a leadership role in the implementation of the strategy had been made subject to conditions. The budget of 300k is insufficient for a full LTP amendment as long with other workstreams.
Clifton to Tangoio Coastal Hazards Strategy Implementation Working with HDC & NCC to implement the long-term (100 year) adaptive strategy for responding to coastal erosion and coastal inundation in priority areas of the coast between Clifton and Tangoio.
46.	On-demand Public Transport				Issues with budget not incorporating all costs. Delays to pilot launch, now planned for May 2022.
On-Demand Public Transport A new form of public transport that replaces fixed routes with an on-demand service. This will be a trial in Hastings which uses innovation and technology to lower the region’s transport emissions, provide better transport choices for the community and will give more equitable access to public transport.

	Project/Programme Title	Schedule	Risks*	Budget	Comment
47.	Kotahi Plan				Project Manager to be appointed. Te Mana o Te Wai – values and long-term visions with tangata whenua due to start this year.
48.	Kotahi: Mohaka Plan Change				Workshop with HBRC and NPDT project team delayed due to COVID, but still within schedule.
Kotahi Is a combined resource management plan for the Hawkes Bay region. The Regional Policy Statement and Regional Plan combined, and the Regional Coastal Environment Plan are due for review. In addition, the NPSFM 2020 requires us to develop a plan to give effect to Te Mana o Te Wai.
49.	Tukituki Plan Policy Implementation				Consent deadline (30/11/21) is ambitious. Uncertainty regarding future of Overseer and/ or replacement tool. Working with primary industry sector to develop an additional risk matrix.
Tukituki Plan Policy Implementation Implementation of statutory deliverables related to the Tukituki Plan, with particular focus on changes arising from the Government’s response to the Science Advisory Panel’s review of Overseer.
50.	Financial Upgrade Systems and Efficiencies (FUSE)				Significant changes introduced with TechOne solution impacting many council employees. Budget went $400,000 over anticipated cost.
Financial Upgrade Systems and Efficiencies (FUSE) The implementation of the new financial system TechOne. FUSE will standardise processes, and improve transparency and accessibility of financial data, and financial process efficiencies.

Decision Making Process

2. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision-making provisions do not apply.

Recommendation

That the Hawke’s Bay Regional Council receives and notes the “Significant Organisational Activities Looking Forward through October 2021” staff report.

Authored by:

Michael Bassett-Foss

RTRP Project Manager

Allan Beer

Team Leader Biosecurity - Animal Pests

Sarah Bell

Team Leader Strategy & Performance

Jack Blunden

Team Leader Compliance - Urban & Industrial

Vicki Butterworth

Cycle Network Coordinator

Desiree Cull

Strategy & Governance Manager

Peter Davis

Manager Environmental Information

Tania Diack

Team Leader Consents

Ben Douglas

Forest Management Advisor

Ceri Edmonds

Manager Policy and Planning

Russell Engelke

Team Leader Open Spaces

Dean Evans

Manager Catchments Delivery

Craig Goodier

Principal Engineer

Martina Groves

Manager Regional Assets

Sandy Haidekker

Senior Scientist

Nathan Heath

Area Manager Northern Hawke's Bay

Dr Andy Hicks

Team Leader/Principal Scientist Water Quality and Ecology

Rob Hogan

Manager Compliance

Gavin Ide

Principal Advisor Strategic Planning

David Keracher

Manager Regional Projects

Dr Kathleen Kozyniak

Principal Scientist (Air)

Campbell Leckie

Manager Catchment Services

Anna Madarasz-Smith

Team Leader/Principal Scientist Marine & Coast

Julie-Anne McPhee

Senior Project Manager

Malcolm Miller

Manager Consents

Mark Mitchell

Team Leader Principal Advisor Biosecurity Biodiversity

Te Wairama Munro

Maori Engagement Coordinator

Tim Norris

Land Scientist

Thomas Petrie

Programme Manager Protection & Enhancement Projects

Brendan Powell

Manager Catchments Policy Implementation

Wendy Rakete-Stones

Acting Team Leader Plant Pests

Dr Jeff Smith

Manager Science

Jolene Townshend

Senior Advisor Integrated Catchment Management

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Chris Dolley

Group Manager Asset Management

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

29 September 2021

Subject: Report and Recommendations from the Regional Planning Committee

Reason for Report

1. The following matters were considered by the Regional Planning Committee (RPC) meeting on 1 September 2021 and the recommendations agreed are now presented for Council’s consideration alongside any additional commentary the Co-chair, Councillor Rick Barker, wishes to offer.

Agenda items

2. The Freshwater Management Units (FMUs) item proposed to identify and explore values with tāngata whenua first, through two Wharekorero hui, before setting the FMUs. By restructuring the Kotahi work programme this way, it is intended to better reflect the principles of both the NPSFM 2020 and Te Mana o te Wai. The Committee resolved:

2.1. defers making a decision on Freshwater Management Unit (FMU) boundaries, as recommended by the tāngata whenua representatives, to allow staff and tāngata whenua time to identify values within catchments.

3. The Proposed Plan Change 7: Outstanding Water Bodies - Overview and resolution of Appeals decision item presented an overview of the appeals lodged and outlined options available regarding the Council’s participation at any Court-assisted mediation of appeals. Staff sought delegation to settle appeals through formal Environment Court directed mediation with the Committee resolving the following recommendation to Hawke’s Bay Regional Council:

3.1. delegates, in accordance with s34A of the Resource Management Act, to the HBRC’s Chief Executive Officer, or appointed legal counsel for Plan Change 7 appeal proceedings, the authority to sign on behalf of Council, any negotiated agreements or mediated agreement relating to an appeal against Proposed Plan Change 7 to the Regional Resource Management Plan (RRMP).

4. The Verbal Update on the Mohaka Plan Change Process information item presented by Kate McArthur, Duane Culshaw and Bonny Hatami provided an update on the Māori led Mohaka Catchment Policy Development workstream and the new Freshwater Plan Change process.

5. The Initial Draft of Regionally Significant Issues information item presented an initial draft list of regionally significant issues for inclusion in the Regional Policy Statement (RPS) section of Kotahi for the Committee to consider and provide feedback on. Feedback provided included the desire for greater focus to be put on the coastal environment and biodiversity, with the Committed resolving:

5.1. receives and notes the “Initial Draft of Regionally Significant Issues” staff report, and acknowledges that staff will continue to develop the Regionally Significant Issues and revise these as appropriate through development of Kotahi.

6. The September 2021 Policy Projects Update item provided an outline and update of the Council’s various plan change projects currently underway, including Plan Change 7 Outstanding Water Bodies appeals to the Environment Court, and the 27 September 2021 continuation of TANK Plan Change hearings.

7. The September 2021 Statutory Advocacy update item 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, including advice that:

7.1. a submission was lodged on the exposure draft of the Natural and Built Environments Act (Te Oranga o te Taiao), which will replace the Resource Management Act along with the Strategic Planning Act and Climate Change Adaptation Act, focussed on Hawke’s Bay and the Regional Planning Committee

7.2. staff will submit on Napier City Council’s draft District Plan and Spatial Picture

7.3. a submission was lodged on the Central Hawke’s Bay District Plan Review.

8. The Verbal Strategic Snapshot update in relation to Central Government Freshwater and RMA Reform; NES & NPS Implementation and Future of Local Government items covered:

8.1. Nationwide focus on Water Reform, implementation of freshwater and three waters reforms, Resource Management Act (RMA) changes, Zero Carbon Act, and the Future of Local Government.

8.2. Intention of government is to create joint committees for both the Regional Spatial Strategy and the Combined Regional Plan (to replace RRMP) with representatives of tāngata whenua, Local Authorities and Central Government and legislation will be introduced in 2022 to give effect to those arrangements. Government intends to pilot this planning system and HB Mayors and CEs have met to consider whether Hawke’s Bay might put itself forward as a “pilot” region. It was proposed that a “bid” be drawn up as to what a Hawke’s Bay pilot would look like in collaboration with PSGEs.

8.3. Iwi representatives meeting with Minister Mahuta on Monday 6 September regarding 3 Waters Reform

8.4. A recent HB regional collaboration day included some intense discussions about alternatives for a Hawke’s Bay model and where Māori participation and governance sits in the reforms

8.5. Early indications are that “Future of Local Government” direction will come from Central Government by April 2022 for changes to be implemented (legislated) in 2023.

Decision Making Process

9. These items were specifically considered by the Regional Planning Committee and are now the subject of the following recommendations to Council.

Recommendations

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

1. Receives and notes the “Report and Recommendations from the Regional Planning Committee” including the following resolutions of the Committee:

1.1. The Regional Planning Committee defers making a decision on Freshwater Management Unit (FMU) boundaries, as recommended by the tāngata whenua representatives, to allow staff and tāngata whenua time to identify values within catchments.

1.2. The Regional Planning Committee receives and notes the “Initial Draft of Regionally Significant Issues” staff report, and acknowledges that staff will continue to develop the Regionally Significant Issues and revise these as appropriate through development of Kotahi.

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 these items without conferring directly with the community or persons likely to have an interest in them.

Proposed Plan Change 7: Outstanding Water Bodies - Overview and resolution of Appeals

3. Delegates, in accordance with s34A of the Resource Management Act, to the HBRC Chief Executive or appointed legal counsel for Plan Change 7 appeal proceedings, the authority to sign on Council’s behalf, agreements with parties on appeals relating to the Proposed Plan Change 7 generally in accordance with an agreed position determined in liaison with the Co-chairs of the Regional Planning Committee prior to mediation commencing.

Reports Received

4. Notes that the following reports for information were provided to the Regional Planning Committee:

4.1. Freshwater Management Units

4.2. Verbal Update on the Mohaka Plan Change Process

4.3. Initial Draft of Regionally Significant Issues

4.4. September 2021 Policy Projects update

4.5. September 2021 Statutory Advocacy Update

4.6. Verbal Strategic Snapshot Update in relation to Central Government Freshwater and RMA Reforms, National Environmental Standards and National Policy Statement Implementation, and the Future of Local Government.

Authored by:

Annelie Roets

Governance Advisor

Leeanne Hooper

Team Leader Governance

Approved by:

Pieri Munro

Te Pou Whakarae

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

29 September 2021

Subject: Report and Recommendations from the 8 September 2021 Environment and Integrated Catchments Committee Meeting

Reason for Report

1. This item presents matters considered by the Environment and Integrated Catchments Committee (EICC) meeting on 8 September 2021 for Council’s consideration alongside any additional commentary the Committee Chair, Councillor Hinewai Ormsby, wishes to offer.

Agenda Items

2. The Biosecurity 2020-21 Annual Report and 2021-22 Operational Plan item presented the Hawke’s Bay Regional Council’s Biosecurity Annual Report for the 2020-21 year and the Operational Plan for the 2021-2022 year for adoption, noting that almost all programme objectives were achieved.

3. The Right Tree Right Place Project Acceleration item sought Council’s agreement to bring forward up to $500,000 in operating expenditure of the total committed Long Term Funding for the Right Tree Right Place project (RTRP). The funds are to be moved from year-3 (2023-24) to year-1 (2021 22) and focus areas for accelerated activity are farmer engagement and the completion of detailed farm plans on a representative number of farm properties.

4. The Enviroschools 2020-21 Update item provided an update on Enviroschools in Hawke’s Bay highlighting how the school programmes expose learners to Council activities such as work in Open spaces, biodiversity and catchment teams, and climate change. It was agreed that an invitation will be extended to the Youth Council to attend the November EICC meeting.

5. The Possum Control Area Partial Plan Review Update item covered the preparation of the proposal for a partial plan review for the Possum Control Area (PCA) programme and a potential process for establishing and delegating some decision-making authority to a sub-committee or Biosecurity Working Party (BWP) which may also serve as a Hearing Panel during the submission process. Key points included:

5.1. Staff will develop the PCA partial plan review proposal over the next 4-5 months and it will be presented to Council early in the new year

5.2. Another factor to be considered as part of the process is the rating basis and rationale for the 70/30 ratio (70% targeted rate/ 30% General funded)

5.3. The timeline is tight to deliver so opportunity to follow a more streamlined process by having a Biosecurity Working Party appointed (BWP) with some decision-making delegations

5.4. Potential BWP membership to include 3 members each from the Environment and Integrated Catchments Committee (EICC) and the Regional Planning Committee including 1 member with both Biosecurity and hearings process experience to act as Chair.

6. An Introduction to the Catchments Policy Implementation Work Programme provided an overview of the work of Council’s policy implementation teams, covering:

6.1. The team ensures that necessary resources and processes are in place to effectively implement regulation, working collaboratively with National and regional sector working groups

6.2. One of Council’s strategic objectives is that land use is managed to ensure pathogens and contaminants (including sediment) are being reduced and the Ministry for the Environment is currently preparing for a National regulatory requirement in relation to sediment. Once it has been promulgated, it will need to be reflected in the Kotahi Plan Change.

7. Update on the 3D Aquifer Mapping Project (SKYTEM) item presented progress on the 3D Aquifer mapping project, including an overview of the data collected, the analysis undertaken and some of the preliminary findings, and highlighted:

7.1. Finalised quality assured resistivity models for Poukawa and Otane basins

7.2. Geological models using the resistivity data and interpretations for Heretaunga Plains and Ruataniwha Plains to understand the aquifer systems for information on groundwater flow models

7.3. Refine existing numerical groundwater models for Heretaunga Plains

7.4. Next steps include additional data collection, exploratory drilling and ground-based surveys, capturing drone footage and interviews, analyse hydrogeological interpretations, update Leapfrog Geological models and Heretaunga Numerical groundwater models, and develop a communications strategy for delivering the 3D aquifer mapping products.

8. Update on the Whakaheke o Te Wai (TWOTW): MBIE Funded Endeavour Programme and Heretaunga Plains Groundwater Case Studies item provided an overview on the progress of this programme, including:

9.5 Five different groundwater models at different scales are being developed within the Heretaunga Plains (4 physically based groundwater models and 1 statistical (hybrid) model which supports the National ground water model

9.6 An archive of mātauranga Māori on the Heretaunga Plains is being compiled, focusses on identifying the long-term changes in the groundwater-surface water system – Ngāti Kahungunu and Heretaunga Taiwhenua are collaboratively involved in this project.

9. Update on IRG Flood Control Resilience Funded Projects item provided an update on the four projects approved for funding as part of the Crown’s Flood Control Resilience Funding with the Infrastructure Reference Group managed by Kānoa (previously Provincial Development Unit).

10. The Public Use of Rivers (PUR) item updated the committee on investigations into Management of Public Use of River Berms within the Heretaunga Flood Control Scheme and provided an update on progress made and next steps, highlighting:

10.1. Current issues are rubbish dumping and vandalism, freedom camping, illegal or antisocial behaviour which causes significant health and environmental damage

10.2. Key focus areas will be Level of Service (LoS) upgrade (IRG), Iwi consultation and engagement, and Long term capital work programme

10.3. Focus on early consultation for specific sites may be led through HPFCS LoS upgrade projects and later incorporated into the greater PUR project.

Decision Making Process

11. The above items were specifically considered by the Environment and Integrated Catchments Committee on 12 May 2021, with the following recommendations proposed for Council decision.

Recommendations

The Environment and Integrated Catchments Committee recommends that Hawke’s Bay Regional Council:

1. Receives and considers the “Report and Recommendations from the 8 September 2021 Environment and Integrated Catchments Committee”.

Biosecurity 2020-21 Annual Report and 2021-22 Operational Plan

3. Adopts the Biosecurity Operational Plan for 2021-22.

Right Tree Right Place Project Acceleration

4. Approves the request for a change of timing, with up to $500,000 of operational expenditure funded from HBRC reserves to be brought forward from 2023-24 to 2021-22 as per the following table.

Reports Received

5. Notes that the following reports were provided to the Environment and Integrated Catchments Committee

5.1. Enviroschools 2020-21 Update

5.2. Possum Control Area Partial Plan Review Update

5.3. An Introduction to the Catchments Policy Implementation Work Programme

5.4. Update on the 3D Aquifer Mapping Project (SKYTEM)

5.5. Update on the Whakaheke o Te Wai (TWOTW): MBIE Funded Endeavour Programme and Heretaunga Plains Groundwater Case Studies

5.6. Update on IRG Flood Control Resilience Funded Projects

5.7. Public Use of Rivers.

Authored by:

Ross Franklin

Acting Chief Financial Officer

Leeanne Hooper

Team Leader Governance

Approved by:

Chris Dolley

Group Manager
Asset Management

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

29 September 2021

Subject: Hawke’s Bay Local Authority Shared Services – Council Controlled Organisation Exemption

Reason for Report

1. This agenda item seeks a decision from the Council to continue to exempt the Hawke’s Bay Local Authority Shared Services Limited (HBLASS) from the requirements imposed on Council Controlled Organisations (CCOs) under the Local Government Act 2002 (LGA).

Officers’ Recommendation(s)

2. Council officers recommend that the Council approves the continued exemption for Hawke’s Bay Local Authority Shared Services Limited as proposed.

Executive Summary

3. It is proposed that the Council continues to exempt HBLASS from the requirements imposed on Council Controlled Organisations (CCOs) under the Local Government Act 2002 (LGA). The continuation of this exemption must be approved by all five councils. Section 7(6)(a) of the LGA also stipulates that a Council must review any exemptions granted under section 7 within 3 years after it was first granted. The LGA allows a local authority to exempt organisations from being CCOs. The following are the relevant sections of the LGA:

Background/Discussion

4. Council has previously (along with the other Hawkes’ Bay Councils) provided HBLASS with an exemption. This avoids the need to follow all of the standard statutory reporting requirements that apply to CCO’s.

5. As the exemption needs to be renewed every 3 years, all Councils are required to once again pass a resolution to grant HBLASS an exemption.

Options Assessment

6. The options available to Council are:

6.1. To approve the recommendation to continue to exempt the Hawke’s Bay Local Authority Shared Services Limited (HBLASS) from the requirements imposed on Council Controlled Organisations (CCOs) under the Local Government Act 2002 (LGA)

6.2. To not approve the recommendation and reactivate HBLASS Limited requiring the HBLASS Limited to report as required under the LGA.

Strategic Fit

7. HBLASS is the vehicle used for the HB Council’s to achieve shared service outcomes.

8. The Council’s receive reports on the activities however the exemption avoids the need for a costly audit process.

Significance and Engagement Policy Assessment

9. The issues for discussion are not significant in terms of the Council’s policy on significance and no consultation is required.

Financial and Resource Implications

10. The granting of the exemption will reduce Councils costs in achieving its shared service outcomes.

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, nor is it inconsistent with an existing policy or plan

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. No persons are affected by this decision

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 “Hawke’s Bay Local Authority Shared Services – Council Controlled Organisation Exemption” 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. Approves the continued exemption for Hawke’s Bay Local Authority Shared Services Limited (HBLASS) from the requirements imposed on Council Controlled Organisations (CCOs) under the Local Government Act 2002 (LGA).

Authored by:

Ross Franklin

Acting Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager Corporate Services

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

29 September 2021

Subject: Affixing of the Common Seal

Reason for Report

1. The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 20

DP 9788

CT E2/361

- Agreement for Sale and Purchase

- Transfer

1.1.2 Lot 122

DP 12692

CT E1/73

- Agreement for Sale and Purchase

1.1.3 Lot 86

DP 9684

CT B3/1017

- Transfer

4464

4468

4465

4469

2 September 2021

14 September 2021

1.2

Staff Warrants

1.2.1 G. McCombe

A. Dunning

(Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive)

4466

4467

14 September 2021

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 numbers of Leasehold properties owned by Council are:

3.1. So far this year one cross lease property has been sold, with 65 remaining on Council’s books

3.2. So far this year no single leasehold properties have been sold, with 80 remaining on Council’s books. Two properties are due for settlement within the next two weeks.

Decision Making Criteria

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 the following:

4.1 Sections 97 and 88 of the Act do not apply

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

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

Recommendations

That 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

Ross Franklin

Acting Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager Corporate Services

Attachment/s

There are no attachments for this report.

1 ⇩	English Declaration by a Member
2 ⇩	Te Reo Declaration by a Member

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Recommendation from the Finance, Audit and Risk Sub-committee	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.
HBRIC Ltd Request to Borrow	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) s7(2)(j) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.
Confirmation of Public Excluded Minutes of the Regional Council Meeting held on 28 July 2021		The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Topic	Raised by