Meeting of the Hawke's Bay Regional Council
Date: Wednesday 23 February 2022
Time: 1.30pm
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street, NAPIER |
Agenda
Item Title Page
1. Welcome/Karakia/Apologies/Notices
2. Conflict of Interest Declarations
3. Confirmation of Minutes of the Regional Council Meeting held on 26 January 2022
4. Follow-ups from Previous Regional Council Meetings 3
5. Significant Organisational Activities Looking Forward through March 2022 9
6. Call for Minor Items Not on the Agenda 23
Decision Items
7. Affixing of the Common Seal 25
13. HBRC
Internal Review – Coastal Hazards Strategy Implementation
(Late
item to be distributed 18 February 2022)
Information or Performance Monitoring
8. Report from the 2 February 2022 Māori Committee Meeting 27
9. Report from the 3 February 2022 Extraordinary Regional Transport Committee Meeting 31
10. Report from the Regional Planning Committee 35
11. Councillors' Reports from Meetings of Outside Bodies 37
4. Discussion of Minor Items not on the Agenda 39
Wednesday 23 February 2022
Subject: Follow-ups from Previous Regional Council Meetings
Reason for Agenda Item
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 reported to Council they will be removed from the list.
2. Also attached is a list of LGOIMA requests that have been received since the last Council meeting.
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 “Follow-up Items from previous Regional Council Meetings”.
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
Desiree Cull Strategy & Governance Manager |
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1⇩ |
Follow-ups for February 2022 Council meeting |
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Wednesday 23 February 2022
Subject: Significant Organisational Activities Looking Forward through March 2022
Purpose of Agenda Item
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 of progress in areas that have or may create a high external profile.
Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Biodiversity and biosecurity |
1. Possum dog surveys conducted in Whakatipu Mahia project have confirmed the field team’s confidence and understanding of the stage the possum eradication is at. Work over the next few months will be focused on areas the dogs have not visited in phase one and remaining risk areas in phase two. 2. Significant rainfall and road washouts on Mahia peninsula have hampered monitoring of scenic reserve and affected areas the team are able to work. This is likely to delay completion of possum control in the reserve for a period of time as we wait re-monitor results over the next month. 3. Work on barrier options to protect the eradication when complete next year are well underway and will continue over the next two months. 4. The aerial rook control programme has been completed and it was another successful year with only one sizeable new rookery found. The data from the control will be analysed over the next month. |
ICM – Catchment Services |
Whakakī Freshwater Improvement Fund Project |
5. Resource consent has now been granted to provide for the construction of the weir in the new location within the Rahui Channel. Easement documents are now being progressed and we have engaged with the civil contractors to complete detailed design and aim to deliver works early in the new year. 6. Renovations of the former Whakakī school will be completed in during December including new roofing, external cladding, internal walls and electrical work. |
ICM – Catchment Delivery |
East Coast farmers Expo |
7. East Coast farmers Expo being held on 23-24 February 2022. |
ICM – Catchment Delivery |
Marine Enhancement and Protection project |
8. The NIWA vessel Ikatere will arrive in Napier weekend 12-13 February for a 12 day voyage mapping the subtidal habitats around the Mahia Peninsula. This is a continuation of the 2020/21 mapping and is co-funded with HBRC, MPI and NIWA. |
ICM – Environmental Science |
Central Catchments |
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Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Flood Control Schemes - Resilience Funded projects |
9. Taradale stopbank strengthening physical works 35% complete. Landscape planning for reinstatement of berm underway in partnership with Waiohiki marae. 10. East Clive stopbank investigations and optioneering complete, HDC landfill optioneering to commence in February. Moteo stop bank investigations complete and preliminary design underway. 11. Roys Hill and Ngatarawa detailed design underway. 12. Wairoa sheet pile: Sheet piles and screw anchors installed. Planting and slope stabilisation underway. |
Asset Management Engineering Regional Projects |
Gravel Management |
13. Hearing was held in December. 14. New set of conditions are now under review 15. A final decision by hearing panel is scheduled by end of March. |
Asset Management Consents, Schemes |
Waitangi Regional Park |
16. All CCTV cameras are installed (Pakowhai Regional Park, Waitangi Regional Park, Pekapeka Regional Park) to provide surveillance of activities in these popular open spaces. 17. Stage III development of the Park includes safe vehicle access to the river and two ephemeral wetlands on the flat berm area is under the design and approval be the engineering lead. This will be delivered in the 4th quarter of the financial year. |
Open Spaces |
Hawea Historical Park / Karamu Stream Diversion |
18. The cultural component of the Draft Management Plan is complete for Hawea Historical Park. It will be send for final review to Exact and council in upcoming month. 19. Stage 3 project delivery includes pathways around the park, construction work for widening of the confluence, and design of the bridge due to commence in March 2022. |
Asset Management Open Spaces, Regional Assets |
Bayview/ Whirinaki Cycleway |
20. NCC confirmed their commitment to progressing the land matters as resourcing allows. |
Asset Management Regional Projects |
COVID fast-track consenting – ‘Riverbend Residential Development’ |
21. In later 2021, Environment Minister approved developers’ request to use streamlined consenting process under the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 for the Riverbend Residential Development. Consent process is being administered by the Environmental Protection Authority (EPA). HBRC will be involved as a party/submitter – not the decision-maker. Applicant is preparing application. No further action required by HBRC at this time. |
Policy & Regulation Consents, Schemes, Policy & Planning, HBCDEM, etc. |
Omaranui Landfill expansion resource consent applications |
22. The decision was issued on 7 December 2021 in favour of the proposed expansion of the Omarunui Landfill. The appeal period closed in late January and no appeals were lodged |
Policy & Regulation Consents |
Tūtira Freshwater Improvement Fund Project |
23. Lower Kahikanui Stream grade control to remediate the bed/bank erosion works began early January. 24. Detailed design of the proposed Guthrie Smith wetland development completed. 25. The lake is still deemed suitable for swimming. |
ICM – Catchment Delivery |
Ahuriri Catchment Group. |
26. This group is ‘establishing’. An initial meeting in October assessed support for the formation of a catchment group for this area. There was full support from that meeting and a further meeting is scheduled for 10 November, with a general invite to interested residents and others. All points to the establishment of a successful group. |
ICM – Catchment Delivery |
Karamu River Catchment Collective Inc.
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27. Existing umbrella group for rural subcatchments in the Karamu 28. Currently includes Paritua, Awanui & Raupare Subcatchments, Poukawa a likely addition soon 29. Final stage negotiation with MPI funding a coordinator and programme of water quality sampling, led by NZ Landcare Trust |
ICM – Catchments Policy Implementation |
Southern Catchments |
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Project /Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Upper Tukituki Flood Control Scheme |
30. Two contractors have been selected and contracts generated. Contractors have been invited to sign and first round extraction anticipated to start late February. The next round of tender river reaches have been selected and to be confirmed with Schemes. Anticipating the next tender to be sent to the pre-qualified contractors in March. |
Asset Management Regional Projects, Schemes |
Lake Whatumā Protection and Enhancement Project |
31. Subsidised works targeting willow removal, pest plant and animal control, and native planting works commenced. |
ICM – Catchment Delivery |
Te Ikatiere Management Plan |
32. The team met with Aramoana Environmental and Education charitable trust, local Iwi and the contractor on site at the beginning of February to get input/feed on the management plan before it is finalised by end of this month/beginning of March. |
ICM – Catchment Delivery
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Whole of Region |
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Project /Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Outstanding Waterbodies Proposed Plan Change 7 |
33. The first Court-assisted mediation on three appeals was held in October 2021. Follow-up informal mediation session amongst parties scheduled for 23 February 2022. |
Policy & Regulation Policy & Planning |
Hill Country Erosion Fund |
HCE Events 34. NIWA Riparian management course for staff – 2 Day (Feb 22) |
ICM – Catchment Delivery |
Low Flows |
35. Reinstall water level recorder for measuring low flows in the Paritua Stream at the water wheel |
ICM – Environmental Information |
LiDAR tools project |
36. Six potential projects that make use of the newly acquired LiDAR imagery are currently being scoped with Manaaki Whenua Landcare Research. Procurement will be undertaken over March/April. |
ICM – Environmental Science |
HBMaC/Sustainable Seas Collaboration |
37. A model has been developed to assess the impacts on marine benthic health from sediment discharge and bottom contact from fishing. Workshops are scheduled with the project team and HBMaC in February to discuss the modelling results and identify the combination of reductions in stressors that needed to provide for better benthic health (e.g. 1% reduction in sediment per year, 5% areas closed to fishing plus 5% reduction in bottom contact). These will then be modelled in combination. |
ICM – Environmental Science |
Reticulated Stock Water – Extension events |
38. Five extension events are planned across the region in March. The Wairoa event will have a Maori agribusiness, hapu focus. These events will be dependent on Covid status at the time. |
Catchments Policy Implementation |
Fit for a Better World Programme |
39. Providing input over next six months to the working Group to develop the Social Science for Change Science and Mātauranga Accelerator Plan under the Fit for Better World Programme |
Catchments Policy Implementation |
Project Summaries
1 |
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. |
2 |
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. |
3 |
Ahuriri Regional Park Working alongside NCC 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. |
4 |
Clifton to Tangoio Coastal Hazards Strategy Implementation Working with HDC and 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. |
5 |
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. |
6 |
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. |
7 |
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. Farm Environmental Management Plans (FEMPs) FEMPs aim to address environmental outcomes and actions to improve environmental performance on properties over 4ha within the Tukituki region at this stage 3 yearly submission cycle – first resubmission was due 31 May 2021. |
8 |
Financial Upgrade Systems and Efficiencies (FUSE) – Project is now closed The implementation of the new financial system TechOne. FUSE will standardise processes, and improve transparency and accessibility of financial data, and financial process efficiencies. |
9 |
Te Karamu Catchment Plan The new plan will collate intelligence on all parties and their activities in the Karamu Catchment. This will be utilised to provide visibility on activities within the catchment and identify options to influence for improved water quality and biodiversity outcomes. |
10 |
Ahuriri Catchment Plan The new plan will collate intelligence on all parties and their activities in the Ahuriri catchment. This will be utilised to provide visibility on activities within the catchment and identify options to influence for improved water quality and biodiversity outcomes. |
11 |
TANK Plan Change (Policy) Proposed TANK Plan Change (PPC9) will add new rules to the Regional Resource Management Plan to manage water quality and quantity for the Tūtaekurī, Ahuriri, Ngaruroro and Karamū (TANK) catchments. TANK Plan Change (Implementation): TANK Subcatchments Community Engagement An external comms project, intended to inform rural landowners about the PC9 framework and to promote catchment group formation. It is a precursor to the overall PC9 Implementation, the latter contingent on a decision awaited from Hearings Commissioners and any subsequent appeals. |
12 |
The Erosion Control Scheme (ECS) Provides access to a grant for Hawke's Bay landholders to implement soil conservation measures on highly erodible land, keeping soil on the hills and out of waterways. It provides significant financial support for erosion control work such as non-commercial tree planting, protection fencing, land retirement and assisted reversion. Hill Country Erosion Fund (HCEF) Is Central Government funding to support ECS activities and events that are targeted at educating and supporting staff and landowners with the reduction of hill country erosion. Soil Conservation Nursery The primary purpose of the nursery is to grow poplar and willow poles for erosion control and are managed primarily for the ECS and Works Group, river control plantings. |
13 |
Future Water Use ‘Future Water Use’ – making better use or the water we must complement water storage. Work with water users to drive more efficient and effective use to complement water storage. |
14 |
Ecosystem Prioritisation: Terrestrial This programme focuses on protecting and enhancing 700 Ecosystem Prioritisation sites across the region. To achieve this, we have partnered with internal and external stakeholders alongside land occupiers. The main actions are deer fencing, pest plant and animal control and some enhancement planting. Ecosystem Prioritisation: Coastal and Marine The Coastal and Marine team have undertaken scientific investigations to identify biodiversity prioritisation sites off the coast of Mahia and Clive, using Zonation software to inform spatial management. The outcomes and recommendations have been concluded and can now move forward to implementation phase. |
Partial Pest Plan Review Investigating changing the current Possum Control Area Programme from an occupier responsibility model to a large-scale contract model. A contracting model will secure the continued success long term of the outcomes delivered by low possum numbers and increase the biodiversity benefits from consistently low possum numbers. |
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16 |
Flood Control and Drainage Scheme – IRG
Project 1: Heretaunga Flood Control & Drainage Scheme Aims to review and upgrade flood protection assets across the Tūtaekurī, Ngaruroro, Lower Tukituki and Clive rivers, to increase flood protection across the scheme to a 1 in 500-year event.
Project 2: Upper Tukituki Flood Control Scheme: Gravel Extraction Seeks opportunities to subsidise transportation of gravel from this scheme with a focus on competitive tendering and supporting the local economy.
Project 3: Wairoa River, River Parade Erosion Provide steel sheet piled erosion protection works on left bank of the Wairoa river. |
Enforcement Actions |
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40. There are 10 active prosecutions before the court, at various stages therefore not able to comment publicly on. There are 3 further investigations in progress likely to lead to prosecution. |
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Date |
Type of Enforcement Action |
Status |
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Sep 2021 |
Burning prohibited items |
Before the court |
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Jun 2021 |
Discharge to land/water |
Before the court |
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Apr 2021 |
Contravention enforcement order |
Before the court |
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Feb 21 |
Discharge to land that may enter water |
Before the court – NG |
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Jan 21 |
Discharge to air - odour |
Before the court – Plea to enter |
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Nov 20 |
Discharge to land that may enter water |
Before the court – NG |
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Jul 20 |
Discharge to land that may enter water |
Before the court – NG |
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Jun 20 |
Discharge to land that may enter water |
Before the court – NG |
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Jun 20 |
Discharge to land that may enter water |
Before the court – NG |
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Mar 20 |
Discharge to land that may enter water |
Before the court |
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Environment Court Proceedings |
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Date |
Type of Proceedings |
Status |
Feb 2022 |
Three Environment Court appeals against HBRC’s decisions on submissions re. Outstanding Water Bodies Plan Change (PC7). In June 2021, those decisions were issued by an Independent Panel made on behalf of HBRC. |
Preliminary Environment-Court assisted mediation session held on 27 October. Further informal mediation session amongst parties scheduled 23 February 2022. |
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Appeals to Environment Court on the Draft Water Conservation Order application for Ngaruroro River. |
Before the Environment Court. Hearing held in 2021. Awaiting Environment Court decision. |
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 Organisational Activities Looking Forward through March 2022” 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 |
Harry Donnelly Project Engineer |
Ben Douglas Forest Management Advisor |
Ceri Edmonds Manager Policy and Planning |
Russell Engelke Team Leader Open Spaces |
Craig Goodier Principal Engineer |
Martina Groves Manager Regional Assets |
Sandy Haidekker Senior Scientist |
Belinda Harper Senior Planner |
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 |
Dr Kathleen Kozyniak Principal Scientist (Air) |
Campbell Leckie Manager Catchment Services |
Anna Madarasz-Smith Team Leader Marine, Air and Land Science |
Lynn McCowan Executive Assistant Integrated Catchment Management |
Julie-Anne McPhee Senior Project Manager |
Malcolm Miller Manager Consents |
Mark Mitchell Team Leader Principal Advisor Biosecurity Biodiversity |
Te Wairama Munro Relationships Manager - Central & Internal |
Thomas Petrie Programme Manager Protection & Enhancement Projects |
Brendan Powell Manager Catchments Policy Implementation |
Lauren Simmonds Project Manager - Biosecurity Review |
Dr Jeff Smith Manager Science |
Jolene Townshend Acting Manager Catchment Delivery |
Richard Wakelin Senior Catchment Advisor (Policy Implementation) |
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Approved by:
Katrina Brunton Group Manager Policy & Regulation |
Chris Dolley Group Manager Asset Management |
Iain Maxwell Group Manager Integrated Catchment Management |
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Wednesday 23 February 2022
Subject: Call for Minor Items Not on the Agenda
Purpose of Agenda Item
1. This item provides the means for councillors to raise minor matters relating to the general business of the meeting 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.”
Recommendation
3. That Council accepts the following “Minor Items Not on the Agenda” for discussion as Item 12:
Topic |
Raised by |
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Leeanne Hooper GOVERNANCE TEAM LEADER |
James Palmer CHIEF EXECUTIVE |
Wednesday 23 February 2022
Subject: Affixing of the Common Seal
Reason for Agenda Item
1. This item advises that 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. |
Staff Warrants 1.1 R. Hogan 1.2 S. Anton 1.3 S. Wynands 1.4 M. Signal 1.5 S. Murphy 1.6 J. Blunden 1.7 S. Sykes 1.8 S. Moffitt 1.9 J. Zhao 1.10 J. Graham 1.11 J. Gale 1.12 I. Mikolic 1.13 C. White 1.14 K. Peacock 1.15 A. Clinton (Delegations under Resource Management Act 1991 (s. 34A(1) and 38(1); Biosecurity Act 1993 (s. 103 and 105); Building Act 2004 (s. 371B); Maritime Transport Act 1994 (s. 33G(a); Civil Defence Emergency Management Act 2002 (s.86-92) and Local Government Act 2002 (s.177)) |
4480 4481 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494
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21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022 21 January 2022
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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. No cross-lease properties were sold, with 76 remaining on Council’s books
3.2. No single leasehold property was sold, with 64 remaining on Council’s books.
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.
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 Finance Consultant |
Approved by:
James Palmer Chief Executive |
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Wednesday 23 February 2022
Subject: Report from the 2 February 2022 Māori Committee Meeting
Reason for Report
1. This item provides a summary of the 2 February 2022 Māori Committee meeting discussions for Councillors’ information, along with the opportunity for the Co-chairs to provide additional context to Council as they wish.
Agenda Items
2. The regular Take Ripoata ā Takiwā – Taiwhenua Representatives' Updates covered:
2.1. Concerns were raised about leachate from historical tanalised timber processing by Carter Holt at its Wairoa site, close to the Awatere (spawning) Stream and about the Affco meatworks oxidation pond emptying out over the Christmas period without any advance notice to tangata whenua.
2.2. Feedback from Taiwhenua Boards to date are supportive of the direction of 18 January 2022 tangata whenua hui discussions and the formation of a collaborative Taiao group, bound by Te Tiriti o Waitangi principles, to progress the mahi for Kotahi.
2.3. When raised in the Te Taiwhenua o Heretaunga update, there was general agreement by Taiwhenua representatives present that they oppose the Waka Kotahi decision to permanently lower the speed limit for the 76 km stretch of State Highway 5 (SH5) between Eskdale and Rangitaiki from 100km/hr to 80km/hr. Concerns expressed were about degradation of the road over the last 10 years, driver frustration causing more accidents with a lower speed limit and the need for more Police visibility, road maintenance, driver education and passing lanes.
2.4. Concerns raised about the health of coastal areas and plundering of resources including in and around Pōrangahau, as well as about the change of colour and taste of Kūtai (mussels) collected from Pania Reef. Last year’s Motiti settlement found that regional councils could impose restrictions on fishing activities and through the Kotahi “Marine workstream” Council will have discussions with tāngata whenua and MPI about restrictions on fishing methods and activities, working with the communities and kaitiaki who live there.
2.5. The Minister for Oceans and Fisheries has approved a bylaw prohibiting the taking of kina, kōura (rock lobster), kuku (mussels) and pāua from within the Te Hoe Mātaitai Reserve (from Waikokopu to Opoutama).
3. The Verbal Updates on Current Issues and Activities by the HBRC CE and Chairman covered:
3.1. Covid 19 impacts on Council service delivery and measures to protect the wellbeing and health of staff
3.2. Pleased with the progress made with the strong relationships being built between Council, the Regional Planning Committee (RPC) and the Māori Committee to find ways to work together effectively, faster, to progress the Kotahi Plan before the end of 2024.
4. The Tangata Whenua Hearing Panel Commissioners' Conflicts of Interest Management item proposed guidance for the management of conflicts of interest for local Māori commissioners for the Committee’s feedback and support for implementation. Feedback from Committee members included:
4.1. Māori want to see their faces reflected on the Hearing panels
4.2. Some Māori in roles advocating for Māori will always consider they have a conflict and may never serve on a Panel considering anything in their Rohe
4.3. National review of the Commissioners and the process of appointing them, and suggested staff investigate the recommendations that came out of the review for any useful assistance
4.4. Clearly there is a need for local knowledge about local issues to provide context to the Hearing panel.
5. The Committee resolved:
5.1. Supports the involvement of more local tangata whenua as Resource Consent Hearing Commissioners.
5.2. Supports the proposed guidance to avoid conflicts of interest, incorporating the feedback provided by Committee members today.
6. The Primary Industry Pan Sector Group Representation item advised the Māori Committee about the recent reconstitution of a Primary Industry Pan Sector Group (PIPSG) and sought a recommendation from the Committee on Māori for representation on the group. Feedback from the Committee included:
6.1. Concerned that the role does not always coincide with the whakaaro/thinking of Māori
6.2. Difficult to find a “mandated” Māori as each individual is mandated for a certain group and location
6.3. Suggested it is not about finding one person, but constructing a co-governance group outside of the PIPSG, that allows a wider range of representation, to liaise with Māori and industry groups and that someone on that body transfers the knowledge to PIPSG
6.4. Suggested that Mike Paku has a conversation directly with PIPSG to clarify the Māori perspective and what representation is most appropriate.
7. The Proposed Schedule of 2022 Council and Committee Meetings item proposed the schedule of meetings for Council and its committees for 2022 for the Committee’s consideration and agreement. The Committee noted:
7.1. Separate Māori Committee and Regional Planning Committee meetings will continue to be scheduled to discuss matters on their respective business, but will be less frequent once the All Governors ‘collective taiao’ model details have been agreed with tangata whenua and the new model is implemented.
8. The Committee resolved:
8.1. Accepts the 2022 Schedule of Meetings as proposed, subject to change and to agreement with the Regional Planning Committee and advises the Regional Council accordingly.
9. The Rebranding and Name Change for HBRIC Ltd item sought the Maori Committee’s endorsement and feedback on a proposed name change for HBRIC. The Committee was in support of the name change, providing feedback including:
9.1. Time for a fresh start and like that it (Te Matau Investments Hawke’s Bay) captures the region and the whole population with the hook visual representing Hawke’s Bay.
10. The Committee resolved its endorsement of the new name Te Matau Investments Hawke’s Bay and requested that the final re-brand, graphics and colouring be brought back to the Māori Committee.
11. The Māori Partnerships Team Roles and Responsibilities item outlined the new Relationship Manager roles and responsibilities and noted other changes within the Hawke’s Bay Regional Council’s (HBRC) Māori Partnerships Group to align more closely with Kotahi and future work programming flowing from the 2020-2025 Strategic Plan.
12. The February 2022 Statutory Advocacy Update item provided a regular update from the Policy team and reported on proposals forwarded to the Regional Council for comment. As well, James Palmer provided a verbal update on Central Government’s Resource Management System reform programme which covered:
12.1. Central Government is working closely with advisors from the Iwi Chairs Forum and a range of other different mechanisms to build elements of the reforms.
12.2. The Exposure draft that went to the Select Committee last year introduced the concept of Te Oranga o te Taiao and what that means in legislation is being worked through as well as obligations for Councils with respect to Te Tiriti.
13. The Significant Organisational Activities through February 2022 item highlighted significant areas of Council activity, as provided to the 26 January 2022 Regional Council meeting.
Decision Making Process
14. 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 and the matters were all considered by the Committee, the decision-making provisions do not apply.
That Hawke’s Bay Regional Council receives and notes the “Report from the 2 February 2022 Māori Committee Meeting”.
Authored by:
Annelie Roets Governance Advisor |
Leeanne Hooper Team Leader Governance |
Approved by:
Pieri Munro Te Pou Whakarae |
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Wednesday 23 February 2022
Subject: Report from the 3 February 2022 Extraordinary Regional Transport Committee Meeting
Reason for agenda item
1. This item provides a summary of discussions and considerations of the extraordinary Regional Transport Committee meeting held on 3 February 2022 for Council’s information, alongside any additional commentary the Committee Chair wishes to add.
Agenda items
2. At the beginning of the meeting the Committee passed a procedural motion moved by the Chair, to suspend Standing Order 19.8 Non - Financial Conflicts of Interest to allow full participation in the discussion, debate and voting by some members with conflicts of interest, particularly representatives of Hastings District Council and Waka Kotahi.
3. The K Goodspeed Deputation on behalf of the Te Pohue and Districts Community item provided the Committee with an opportunity to hear directly from a representative of the Te Pohue and surrounds rural community affected by the Waka Kotahi decision to reduce the speed limit on a section of State Highway 5 (SH5). The Deputation highlighted:
3.1. A poll conducted on Axel Alexander’s State Highway 5 Issues Facebook page on 26 January 2021 showed that 96% of the of 2272 respondents were opposed to the speed limit reduction
3.2. The Te Pohue community is calling for an injunction to halt the speed limit reduction.
4. Following the deputation, the Chair provided an opportunity for Linda Stewart to speak on behalf of Waka Kotahi, to provide the rationale for and outline the process undertaken to arrive at the decision to lower the speed limit on the 76 km stretch of State Highway 5 (SH5) between Eskdale and Rangitaiki from 100km/hr to 80km/hr effective 18 February 2022. The Waka Kotahi presentation highlighted:
4.1. The purpose of the change is to save lives and prevent serious injuries; Waka Kotahi did not consider economic impacts other than the social costs of death and serious injury to the community.
4.2. Fifteen sections of SH5 covering approximately 80 km were assessed, and a speed reduction was deemed appropriate for all sections. The speed assessment that Waka Kotahi used identified 80 km/hr as the safe and appropriate speed for the road to reduce fatalities and serious injury by 65%. A 90km/hr limit was not considered as it is a non-standard speed limit. A 90km/hr limit would only reduce death and injury by 10%.
4.3. Waka Kotahi admits consultation with Iwi was not well managed.
4.4. Waka Kotahi noted that consultation is not a vote on the matter being consulted on.
4.5. Maintenance carried out on SH5 amounts to $2.9M per annum.
4.6. A business case for the long-term future of SH5 is being developed. Deferring / delaying a speed decision until it is completed would see more deaths on the highway.
4.7. It was noted that future development and safety improvements of SH5 would only be designed to bring it to an 80km/hr standard.
4.8. The ‘Stay Alive on 5’ campaign has been in place for approximately 12 months. Waka Kotahi acknowledged that during this time there had not been any deaths on State Highway 5. It was noted by Waka Kotahi that education and enforcement (the Stay Alive on 5 campaign) are only one component of road safety.
5. The Position on Waka Kotahi SH5 Speed Limit Reduction item provided the Committee with some background on the Waka Kotahi decision to reduce the speed limit and the opportunity to consider a Committee position to put forward to Waka Kotahi and the Minister of Transport. Committee representatives of NZ Police, AA, the HBRC Māori Committee, TLAs, Napier Port and the Road Transport Association highlighted:
5.1. Representatives of Heretaunga, Wairoa and Te Whanganui a Orotū Taiwhenua stated, at the 2 February 2022 HBRC Māori Committee meeting, their opposition to the Waka Kotahi decision to reduce SH5 speed limit and support for the community advocating against it.
5.2. The Road Transport Association opposes the speed reduction as it anticipates that annual costs for its members will rise by more than $6.8 million p.a.
5.3. The Police support all efforts to reduce accidents on NZ roads. The speed at which an accident happens determines the outcomes and level of injuries sustained.
5.4. The AA submitted opposing the speed limit reduction and believe that only specific trouble spots should have been targeted. AA also considers that a lack of regular maintenance is an issue, with significantly less resurfacing being undertaken compared to 10 years ago.
5.5. While the Port of Napier Limited understands that road safety needs to be put first, the reduced speed limit on SH5 will impact the ability to get freight through to the Port of Napier thus reducing the Port’s competitiveness with other port options. Port of Napier requests that infrastructure improvements to the road be investigated as an alternative.
5.6. Hastings District Council believes Waka Kotahi continues to undervalue SH5 by carrying out a ‘desk top exercise’ to introduce a speed reduction, rather than undertaking a comprehensive analysis of all options to improve safety on the highway.
5.7. SH5 is a strategic link for Hawke’s Bay and while major roading projects are underway in other regions, SH5 just gets a speed limit reduction and some modest safety improvements. This seems particularly unfair as it also appears that the plan is to maintain safety on SH5 by keeping the 80km/ hr speed limit permanently rather than looking at a wide range of strategies and plans of action.
6. Following considerable discussion, the following resolutions were passed.
That the Hawke’s Bay Regional Transport Committee:
1. Receives and considers the “Position on Waka Kotahi SH5 Speed Limit Decision” 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 the Committee 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. Submits the following position statement to Waka Kotahi in relation to the decision to lower the speed limit for the 76 km stretch of State Highway 5 (SH5) between Eskdale and Rangitaiki from 100km/hr to 80km/hr effective 18 February 2022
3.1. The Hawke’s Bay Regional Transport Committee (HBRTC) opposes the decision to reduce the speed limit on a permanent or long-term basis, and:
3.1.1. formally requests that Waka Kotahi presents the detailed technical report underlying its decision to lower the speed limit, including details of the process undertaken and criteria for analysis of submissions, to the HBRTC, as soon as possible {prior to 18 February 2022} and prior to the next scheduled HBRTC meeting on 11 March 2022
3.1.2. formally requests that Waka Kotahi undertakes a review of its 17 December 2021 decision, including with reference to a 90km/hr option
3.2. The HBRTC advises that, should Waka Kotahi fail or refuse to undertake the review formally requested in 3.1.2 above, the HBRTC will pursue legal options to challenge the decision (and seek to have it set aside)
3.3. The HBRTC formally requests that Waka Kotahi commits to a State Highway 5 Programme Business Case for road corridor improvements of sufficient scale, nature and extent to enable the current 100km/h speed limit to be retained or reinstated for the 76 km stretch of SH5 between Eskdale and Rangitaiki, with that Programme Business Case (including funding) to be confirmed by 30 June 2022
3.4. The HBRTC continues to support the safe system approach including the education and enforcement success of the ‘Stay Alive on 5’ programme.
3.5. The HBRTC Chair will write to the Minister of Transport on the Committee’s behalf, recording the position of the Committee and the regional concern for an equitable level of investment in the critically important State Highway 5 corridor over the short, medium and longer term.
Hazlehurst/Williams
Stewart abstained
CARRIED
Decision Making Process
7. 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 and the matters were considered at the Committee level, the decision-making provisions do not apply.
That Hawke’s Bay Regional Council receives and notes the “Report from the 3 February 2022 Extraordinary Regional Transport Committee meeting”
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Authored by:
Peter Martin Senior Governance Advisor |
Leeanne Hooper Team Leader Governance |
Approved by:
Katie Nimon Transport Manager |
Katrina Brunton Group Manager Policy & Regulation |
Wednesday 23 February 2022
Subject: Report from the Regional Planning Committee
Reason for Report
1. The following matters were considered by the Regional Planning Committee (RPC) meeting on 16 February 2022 and the recommendations agreed are now presented for Council’s consideration alongside any additional commentary the Co-chairs, Councillor Rick Barker and Apiata Tapine wishes to offer.
Agenda items
2. The Tangata Whenua Hearing Panel Commissioners' Conflicts of Interest Management proposed guidance for the management of conflicts of interest for local Māori commissioners for the Committee’s feedback and support for implementation. Feedback from Committee members included:
2.1. There is a lack of experienced local commissioners and more opportunity should be given to local people to sit on Hearings Committee to gain experience and thereby grow their skills
2.2. Tāngata whenua identified a number of points raised in the item and will work closely with HBRC staff on the next phase of the proposed guidance to bolster the terminology used
2.3. The Maori Partnerships team will continue to work alongside the Policy and Planning team to grow capacity for more tāngata whenua commissioners on the hearing panels.
3. The Committee resolved:
3.1. Supports the involvement of more local tangata whenua as Resource Consent Hearing Commissioners.
3.2. Supports the proposed guidance to avoid conflicts of interest, incorporating the feedback provided by Committee members today.
4. The Proposed Schedule of 2022 Council and Committee Meetings item sought the Committee’s consideration and agreement to the proposed schedule of meetings for 2022. The Committee noted:
4.1. The “All Governors” hui which include the Māori Committee and the Regional Planning Committee members to facilitate discussions and development of a new “partnership” governance model
4.2. The next All Governors hui is scheduled on 23 March 2022.
5. The Committee resolved its acceptance of the 2022 Schedule of Meetings as proposed, subject to change and to agreement with the Māori Committee, and to advise the Regional Council accordingly.
6. The February 2022 Policy Projects Update item provided an update of the Council’s various plan change and policy development projects currently underway, including implementation of the National Policy Statement for Urban Development 2020 (NPS-UD), Environment Court proceedings on the Ngaruroro and Clive Rivers Water Conservation Order and statutory acknowledgements arising from the Ahuriri Hapu Claims Settlement Act which Parliament passed in December 2021.
7. The February 2022 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 Current consultation on the Draft National Environmental Standard for Sources of Human Drinking Water (NES-DW) closes on 6 March 2022. Key points to note are to how regional councils consider source waters during resource consent applications and in the regional plan, changes to the way source water areas are defined, and the way we consider the effects various activities have on water sources.
7.2 Draft National Policy Statement for Indigenous Biodiversity highlighted in the MfE newsletter (Dec 2021) noted that decisions on the release of the NPS exposure draft will now be made available in the first half of 2022.
7.3 Central Hawke’s Bay District Plan Review Hearings are pending and anticipate commencement in March 2022. The Committee will be updated on the outcome following the hearings.
7.4 Marine and Coastal Area (Takutai Moana) Act 2011 Decisions were released on 22 December 2022 and appeals have been lodged against the decisions by all parties involved.
8. The verbal update on the Central Government Programme of Reforms item focussed on:
8.1 Timing of the Government’s Resource Management Reforms, including three new Bills to replace the RMA
8.2 Importance of upholding the intent of the Hawke’s Bay Regional Planning Committee Act 2015 in the new resource management system
8.3 How various staff from across many teams are involved in discussions with Government officials on the shape of the new resource management system.
Decision Making Process
9. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only and the matters were all considered by the Committee, the decision-making provisions do not apply.
That the Hawke’s Bay Regional Council receives and notes the “Report from the Regional Planning Committee”.
Authored by:
Annelie Roets Governance Advisor |
Leeanne Hooper Team Leader Governance |
Approved by:
Katrina Brunton Group Manager Policy & Regulation |
Pieri Munro Te Pou Whakarae |
Wednesday 23 February 2022
Subject: Councillors' Reports from 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 TBFree 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)
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 Hawke’s Bay Regional Council receives and notes the “Councillors' Reports from meetings of Outside Bodies”.
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
James Palmer Chief Executive |
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