MINUTES OF A meeting of the Regional Council

 

Date:                                    27 October 2021

Time:                                    11.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                              Cr R Barker - Chairman

Cr W Foley

Cr C Foss

Cr N Kirton

Cr C Lambert

M McIlroy (Māori Committee Co-Chair) (via Zoom until 1pm)

Cr H Ormsby

M Paku (Māori Committee Co-Chair)

A Tapine (RPC Rep) (via Zoom)

Cr J Taylor

Cr J van Beek

Cr M Williams

 

In Attendance:                 J Palmer – Chief Executive

P Munro – Te Pou Whakarae Māori Partnerships

K Brunton – Group Manager Policy and Regulation

C Dolley – Group Manager Asset Management

J Ellerm – Group Manager Corporate Services

I Maxwell – Group Manager Integrated Catchment Management

L Hooper – Team Leader Governance

D Cull – Strategy & Governance Manager

 

 


1.         Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone to the meeting and Councillor Will Foley led the group in offering a karakia.

 

2.         Conflict of Interest Declarations

There were no conflicts of interest declared.

 

3.         Confirmation of Minutes of the Regional Council meeting held on 29 September 2021 and the Extraordinary Regional Council Meeting held on 13 October 2021

RC86/21

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 29 September 2021, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Foss/Williams

CARRIED

 

RC87/21

Resolution

Minutes of the Extraordinary Regional Council Meeting held on Wednesday, 13 October 2021, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

van Beek/Foley

CARRIED

 

4.

Follow-ups from Previous Regional Council Meetings

 

James Palmer introduced the item, which was taken as read, advising that a workshop will be scheduled to provide councillors with the opportunity to discuss the CDEM review report ahead of its being made public for the 22 November HB CDEM Group Joint Committee meeting.

 

5.

Significant Organisational Activities Looking Forward Through November 2021

 

James Palmer introduced the item, with queries and discussions traversing:

·    Council continues to look for a long term solution for access for gravel extraction in upper reaches of the Ngaruroro

·    Ahuriri Regional Park project may be impacted by significant NCC stormwater detention and treatment basin being investigated, which may transfer to new 3 waters entity as an asset

·    Marine & Coast ecosystem report was completed and work will continue to give effect to the report’s findings through the Kotahi Plan process

·    The importance of consulting with mana whenua throughout the Heretaunga Plains flood control scheme review was stressed

·    CCTV cameras were budgeted in the LTP in areas experiencing issues with rubbish dumping and other antisocial behaviour, as a deterrent, and are monitored by HDC

·    Forest harvest at Tutira, as contracted with Panpac, was subject to a rigorous Council decision-making process initiated in 2017

·    The 2-tier Nitrogen loss risk matrix was developed in response to Overseer not being able to be used, so that Council can continue consenting in the Tukituki catchments

·    First cut of the Regional Water Assessment report will be presented to a Council workshop in November

·    Cultural impact assessment for the Wairoa River Parade protection project was completed by mana whenua – Michelle McIlroy, Hera Huata and Katarina Kawana

·    Erosion control scheme is meeting current obligations and carefully considering new projects able to be delivered within capacity constraints.

·    Right Tree Right Place risks around availability of seedlings will continue to be an issue

·    Upper Tukituki gravel extraction has been delayed slightly at request of industry and Tenders are due out by the end of November.

·    The Council works with a range of partners and stakeholders to work on Ecosystem Prioritisation sites

·    Concerns were raised that Ahuriri Estuary is smelling like sulphur and changing colour and advice of the marine science team will be sought.

·    Budget for TANK plan change made up of Policy and Planning, formal hearings to date, and groundwater modelling with some Hearing costs and Science to be on top of current $4.5M

·    Involvement and engagement with Mana Ahuriri in relation to the Ahuriri Regional Park to be included in the project description.

RC88/21

Resolution

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

Williams/van Beek

CARRIED

 

6.

Call for Minor Items not on the Agenda

 

Recommendations

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

Topic

Raised by

Communications

Cr Martin Williams

Pekapeka swamp

Cr Will Foley

Right to vote on multiple owned land

Cr Charles Lambert

 

 

 

7.

Hawke’s Bay Regional Council Representation Arrangements Review

 

James Palmer introduced the item. Queries and discussions traversed:

·    Council has been well appraised of complex issues associated through several workshops, Council meetings and consultation and hearings leading to this decision point.

·    Potential for the Wairoa-Ngaruroro boundary to be varied from what was set in the Initial proposal

·    Information was available on Council’s website to inform submitters about what was being consulted on and staff are satisfied that sufficient information was available and consultation on the representation review was adequate

·    Difficulties that councillors representing large constituencies will face in terms of connecting with constituents and travelling

·    There were 36 submissions received, as provided to councillors for the Submissions Hearing on 13 October.

·    The statistics for where submitters are registered to vote (provided for context only) contained an error and the corrected table is as follows.

 

Constituency

No. of submitters

% of submitters

Central Hawke’s Bay

4

11%

Hastings

10

28%

Napier

9

25%

Ngaruroro

2

5.5%

Wairoa

9

25%

Region wide*

2

5.5%

* Federated Farmers and Maungaharuru-Tangitū Trust

·    A candidate is not required to live in the constituency they run in but their nominators must be registered to vote in that constituency

·    Typically councillors will bring local issues to the table however make a declaration to represent the best interests of the Region as a whole

·    Electoral Act does not cater for the complexities or lend itself to fair representation based on measures other than population

·    Terrain and resource management issues in Esk Valley and Tūtira areas are similar to those in the Wairoa area north of the Waikare River however are ‘serviced’ by the Council’s central catchment team based in Napier whereas services for the Northern Catchment are delivered from Council’s Wairoa office due in part to travel distances. Specific Crown funding for erosion control is tagged to Wairoa (and Gisborne) and not available elsewhere in the region.

·    Council examined the option of shifting the Wairoa constituency southward only as far as the Esk Valley and also how far the border would need to shift to get to within 50% of the average when exploring options for the Initial Proposal

·    Councillors expressed thanks to submitters who engaged in the process

·    System falls short of the principle of partnership with Māori in terms of Te Tiriti o Waitangi but is progress

·    View expressed that the current general constituencies arrangement is not ‘broken’ so there is no need to change those boundaries

·    Frustration expressed that the region’s general constituencies were not more thoroughly examined to make changes to those boundaries as well as the Wairoa-Ngaruroro boundary

·    Changes made to enable the establishment of Māori wards did not recognise unintended consequences or change the basis for calculating fair representation to consider factors other than population

·    Concern about the expectation for one person to adequately represent such a large geographical area with widespread populations

·    The Māori constituencies conversation has not caused the issues, but rather highlighted them as they were already present

·    Issues faced are more important than the numbers, and the burden on councillors is driven by the environment and environmental issues, not population

·    Previous Commission decision to include Havelock North in the Central Hawke’s Bay constituency was reversed because the Havelock North community did not identify as part of Central Hawke’s Bay and do not want to make the same mistake with Wairoa, having reflected on the submissions

·    Māori representation was established to bring the Māori world view and insights to the Council table

·    Strong messages from submissions for the retention of the Wairoa constituency as a distinct community of interest

·    Still a long way to go to educate the community about the valuable contributions of Māori and promote the use of Te Reo

·    View expressed that the democratic principle of fairness is at stake if Wairoa is retained with such a small population with disproportionate representation.

·    Pieri Munro advised that tangata whenua representatives on the Regional Planning and Māori committees invited kaumatua to participate in two hui which arrived at the unanimous recommendation to Council for the proposed names for the Māori constituencies.

RC89/21

Resolutions

That Hawke’s Bay Regional Council:

1.      Receives and considers the “Hawke’s Bay Regional Council Representation Arrangements Review” staff report in conjunction with the written submissions received and provided to Council, as well as verbal submissions heard on 13 October 2021.

2.      Agrees that the decisions to be made are significant, and acknowledges the consultation procedures required for Representation Reviews under the Local Electoral Act.

Kirton/van Beek

CARRIED

3.      Having considered the submissions relating to constituency names, affirms the inclusion of the Māori place names in the names of the General constituencies and confirms the names as detailed in the Initial Proposal.

Kirton/Ormsby

CARRIED

4.      Accepts the arguments made in submissions for the retention of the Wairoa Constituency as previously established and amends the Final Proposal to reflect that.

Williams/Lambert

For: Williams, Barker, Taylor, Foley, Lambert

Against:  Kirton, Foss, Ormsby, van Beek

CARRIED

5.      Having considered the submissions relating to the total number of councillors confirms the total number of councillors will be 11 as detailed in the Initial Proposal.

Foley/Foss

CARRIED

6.      In accordance with sections 19H and 19J of the Local Electoral Act 2001, adopts the following as its final proposal for representation arrangements for the 2022 and 2025 local elections.

7.      Hawke’s Bay Regional Council comprising eleven councillors elected as follows:

7.1        One (1) member elected by the Māui ki te Raki Constituency

7.2        One (1) member elected by the Māui ki te Tonga Constituency

7.3        One (1) member elected by the Tamatea-Central Hawke’s Bay Constituency

7.4        Three (3) members elected by the Heretaunga-Hastings Constituency

7.5        Three (3) members elected by the Ahuriri-Napier Constituency

7.6        One (1) member elected by the Ngaruroro Constituency

7.7        One (1) member elected by the Wairoa Constituency.

Williams/Lambert

CARRIED

 

 

 

8.      Two Māori constituencies, as shown on the attached “Māori Constituencies” map, the proposed names and boundaries of each being:

8.1        Māui ki te Raki - the constituency boundary being that area which encompasses the Wairoa District Council and Napier City Council areas, parts of the Hastings District Council area north of the Ngaruroro River, as well as meshblocks within the Regional boundary belonging to Taupō District council.

8.2        Māui ki te Tonga - the constituency boundary being that area which encompasses the Central Hawke’s Bay District Council area, parts of the Hastings District Council area south of the Ngaruroro River, as well as meshblocks within the Regional boundary belonging to Rangitikei District Council.

Table 1: Proposed Māori Constituencies’ Populations

Constituency

Māorl Electoral Population

Reps

Population per Rep

Difference from Average

% Difference from Average

Māui ki te Raki

12,519

1

12,519

-1,494

-10.66%

Māui ki te Tonga

15,507

1

15,507

1,494

10.66%

Totals

28,026

2

Av = 14,013

 

 

 

Kirton/Foley

CARRIED

9.      Notes that the proposal for the Māori Constituencies does not fully comply with the Local Electoral Act 2001 section 19V(2), but that the proposal is considered the most appropriate solution for Hawke’s Bay, and applies to the Local Government Commission, clearly identifying the grounds for the proposed non-compliance as being:

9.1        the boundary between the two constituencies is formed by the Ngaruroro River as requested by tangata whenua due to its cultural relevance and being how iwi and hapū traditionally set boundaries

9.2        the +/-10% threshold exceedance is less than 1%.

Williams/van Beek

CARRIED

10.    Five General constituencies, the proposed names and boundaries of each of the five to be:

10.1      Tamatea-Central Hawke’s Bay; the constituency boundary being the same as that for the Central Hawke’s Bay District Council area.

10.2      Heretaunga-Hastings; the constituency boundary being that area which encompasses the wards of Flaxmere, Hastings-Havelock North and most of Heretaunga within the Hastings District Council area.

10.3      Ahuriri-Napier; the constituency boundary being the same as that for the Napier City Council area.

10.4      Ngaruroro; the constituency boundary being that area which encompasses the Kahuranaki and Mohaka wards and part of the Heretaunga ward within the Hastings District Council area as well as meshblocks within the Regional boundary belonging to Rangitikei District and Taupō District councils.

10.5      Wairoa; the constituency boundary being the same as that for the Wairoa District Council area.

 

 

 

 

Table 2:  General Constituencies’ Populations

Constituency

General Electoral Population

Reps

Population per Rep

Difference from Average

% Difference from Average

Tamatea-Central Hawke's Bay

11,940

1

11,940

-3,238

-21.34%

Ahuriri-Napier

53,829

3

17,943

2,765

18.21%

Wairoa

4,260

1

4,260

-10,918

-71.93%

Heretaunga-Hastings

47,874

3

15,958

780

5.14%

Ngaruroro

18,702

1

18,702

3,524

23.22%

Totals

136,605

9

15,178

 

 

Williams/Ormsby

Against: 1

Abstained: Foss

CARRIED

11.    Notes that the proposal for General Constituencies does not fully comply with the Local Electoral Act 2001 section 19V(2), but that the proposal is considered the most appropriate solution for Hawke’s Bay, and applies to the Local Government Commission, clearly identifying the grounds for the proposed non-compliance being:

11.1      Tamatea-Central Hawke’s Bay: The constituency boundary coincides with the Central Hawke’s Bay District Council territorial authority boundary as being representative of an area that electors closely identify with. Moreover:

11.1.1      a significantly large area for one councillor to service, and given the long distances having to be travelled to have face to face meetings with constituents, or to attend public meetings throughout the area

11.1.2      The physical realities of the area give rise to particular issues of concern, such as water security, pressure on coastal development, biodiversity protection, flooding and other natural hazards

11.1.3      the Council considers that extending the boundary to achieve the population increase needed to comply with s.19V(2) would limit effective representation by requiring the grouping together of communities of interest with few commonalities across an extensive area.

11.2      Ahuriri-Napier: The constituency boundary coincides with the Napier City Council territorial authority boundary as being representative of an area that electors closely identify with, which in turn encourages participation in local government. Moreover:

11.2.1      changing the boundary would require grouping together communities of interest with few commonalities

11.2.2      Given the numbers involved (2,765) and the predominantly urban nature of the Napier Constituency, a large segment of the rural area surrounding Napier City would have to be transferred from the adjoining Ngaruroro Constituency

11.2.3      While guided by the principle of fair representation defined in the Act, it is also appropriate to be guided by the requirement to ensure, so far as is practicable, constituency boundaries coincide with territorial authority boundaries. This is important as territorial authorities reflect communities of interest based on the delivery of a wide range of day-to-day services. Territorial authority districts are also areas that electors closely identify with which in turn encourages participation in local government such as by voting or standing as a candidate at local elections.

11.3      Wairoa: The constituency boundary coincides with the Wairoa District Council territorial authority boundary as being representative of an area that electors closely identify with, which in turn encourages participation in local government. Moreover:

11.3.1      Council considers that further extending the boundary to achieve the population increase needed to comply with s.19V(2) would limit effective representation for several communities of interest isolated from each other across geographically challenging landscapes and require the grouping together of communities of interest with few commonalities across an extensive area

11.3.2      Wairoa has a community of interest distinct from the rest of the region, both physically and socio-economically, and this presents particular challenges for community consultation and provision of services

11.3.3      The physical realities of the area give rise to particular issues not experienced elsewhere including hill country erosion, pressure on coastal development, pest management, transport infrastructure, biodiversity protection, wetland enhancement, flooding and other natural hazards

11.3.4      The predominant extensive sheep and beef farming land uses, steep terrain, unique resource management issues and solutions, connection to Wairoa as the main town, and limited transport connections

11.3.4      The Wairoa District makes up 29% of Hawke’s Bay’s total land mass and a significantly large area for one councillor to service given the long distances having to be travelled to have face to face meetings with constituents, or to attend public meetings throughout the area.

11.4      Ngaruroro: The Council considers that changing the boundary to achieve the population decrease needed to comply with s.19V(2) would limit effective representation as it would require further splitting this mostly rural community of interest, which shares the Hastings District Council’s rural community board area that electors closely identify with.

Barker/Williams

Abstained: Foss

Against: 1

CARRIED

12.    That as required by section 19N of the Local Electoral Act 2001, public notice of the proposals contained in this resolution be given.

Barker/Foss

CARRIED

The meeting adjourned at 1pm and reconvened at 1.17pm with Michelle McIlroy having been excused.

8.

Committee Appointments Confirmation

 

The item was taken as read.

RC90/21

Resolutions

That Hawke’s Bay Regional Council:

1.      Receives and considers the “Committee Appointments Confirmation” 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.      Confirms the appointment of Liz Munroe as the Co-Chair of the Regional Planning Committee

4.      Confirms the appointment of Apiata Tapine as the Deputy Co-Chair of the Regional Planning Committee

5.      Confirms the appointment of councillor Jacqueline Taylor as a member of the Finance, Audit and Risk Sub-committee.

Foss/Kirton

CARRIED

 

9.

Affixing of the Common Seal

 

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  122

              DP   12692

              CT    E1/73

-       Transfer

 

1.1.2         Lot  196

              DP   6598

              CT    C2/391

-       Transfer

 

 

 

 

4470

 

 

 

 

4471

 

 

 

 

29 September 2021

 

 

 

 

5 October 2021

1.2

Staff Warrants

1.2.1     T. Price

             T. Brankin

             (Delegations under Biosecurity Act 1993; Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174))

 

1.2.2     P. Nagy

            (Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and Clause 32B Schedule 7 of the Local Government Act 2002)

 

4472

4473

 

 

 

 

 

 

4474

 

18 October 2021

18 October 2021

 

 

 

 

 

 

19 October 2021

RC91/21

Resolutions

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.

Barker/Foley

CARRIED

 

10.

Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

 

The item was taken as read.

RC92/21

Resolution

That Hawke’s Bay Regional Council receives and notes the “Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

van Beek/Barker

CARRIED

 

11.

Councillors' Reports from October 2021 Meetings of Outside Bodies

 

There were no reports made.

 

12.

Discussion of Minor Items Not on the Agenda

 

 

Topic

Raised by

Communications – shout out to Council’s comms team on the recent brilliant full page spread in HB Today on water

Cr Williams

Pekapeka (swamp) wetland – concern raised by constituent about evidence of pussy willows reappearing in the wetland area.

Cr Foley

Multi-owned land – voting entitlements to be explained

Cr Lambert

 

 

 

13.

Nominations for 2021 Environmental Certificates of Appreciation

RC93/21

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 13 Nominations for 2021 Environmental 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 2021 Environmental 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.

Ormsby/van Beek

CARRIED

 

14.

Napier Port Director Appointments

RC94/21

Resolution

1.     That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 14 Napier Port Director Appointments 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

Napier Port Director Appointments

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.

 

2.     That Dan Druzianic, HBRIC Ltd Chair, and Alasdair McLeod, Napier Port Chair, remain in attendance for this item as subject matter experts.

Ormsby/van Beek

CARRIED

 

The meeting went into public excluded session at 1.22pm and out of public excluded session at 1.37pm

 

Closure:

There being no further business the Chairman declared the meeting closed at 1.37pm on Wednesday, 27 October 2021.

Signed as a true and correct record.

 

 

DATE: ................................................                           CHAIR: ...............................................