Meeting of the Hawke's Bay Regional Council

 

Date:                        30 March 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 23 February 2022

4.             Follow-ups from previous Regional Council meetings                                                                            3

5.             Significant organisational activities looking forward through April 2022                                      11

6.             Call for Minor Items Not on the Agenda                                                                                                   23

Decision Items

7.             2022-2023 Annual Plan approach                                                                                                                25

8.             Report and recommendations from the Corporate and Strategic Committee                           29

9.             Affixing of the Common Seal                                                                                                                         37

Information or Performance Monitoring

10.          Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee     39

11.          Report from the Environment and Integrated Catchments Committee meeting                      43

12.          Report from the 11 March 2022 Regional Transport Committee meeting                                   47

13.          Councillors' reports from meetings of outside bodies                                                                         49

14.          Discussion of Minor Items Not on the Agenda                                                                                       51

Decision Items (Public Excluded)

15.          Possible sale of Wellington leasehold property                                                                                      53

16.          Report from the public excluded Finance, Audit and Risk Sub-committee Meeting                55


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: Follow-ups from Previous Regional Council Meetings

 

Reason for Report

1.      On the list attached are items raised at Council Meetings that staff have followed up on. All items indicate who is responsible for follow up, and a brief status comment. Once the items have been 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.

Recommendation

That Hawke’s Bay Regional Council receives and notes the Follow-ups from previous Regional Council Meetings..

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

Desiree Cull

Strategy & Governance Manager

 

 

Attachment/s

1

Follow-ups from previous Regional Council Meetings

 

 

  


Follow-ups from Previous Regional Council Meetings

Attachment 1

 

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HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: Significant Organisational Activities Looking Forward through April 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.

Northern Catchment

Project / Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

Biodiversity and biosecurity

1.      The Whakatipu Mahia team is focusing on trapping the remaining possums in the Mahia Scenic reserve which is proving to be a challenge.

2.      The Proof of Absence Network is planned to be fully installed and operational by the end of April and will be supported by possum dog surveys due to run over April/May and July.

3.      The wetland monitoring program for this year has been completed, covering Porangahau and Southern Coastal Catchments.

4.      Ecosystem Prioritisation programme has increased with funding through the Jobs for Nature programme with 1.3m dedicated to deer fencing and pest control resulting in 374ha of high biodiversity being protected.

5.      Delivered a $1m One Billion Trees native planting programme which will see 174ha planted across HB.

6.      Auditing of wilding pine contractors, both aerial and ground based under MPI programme, in Kaimanawa and Rangitaiki areas.

ICM – Catchment Services

Whakakī Freshwater Improvement Fund Project

7.      Resource consent and easement has been granted for the weir to be located near the New Bridge ‘The Landing’ and construction is set to begin shortly.

8.      A six-week construction period has been estimated and key dates are:

- Site establishment 11 April

- Construction start date 18 April

- Completion 23 May.

9.      Due to the ongoing Covid-19 situation impacting staff availability, these dates may be subject to change.

ICM – Catchment Delivery

 


Central Catchments

Project / Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

Flood Control Schemes - Resilience Funded projects

10.    Taradale stopbank strengthening physical works 35% complete. Landscape planning for reinstatement of berm underway in partnership with Waiohiki Marae.

11.    East Clive stopbank investigations and optioneering complete, HDC landfill optioneering to commence in March. Moteo stopbank investigations complete and preliminary design underway.

12.    Roys Hill and Ngatarawa detailed design underway.

13.    Wairoa sheet pile - sheet piles and screw anchors installed, planting and slope stabilisation underway.

Asset Management

Engineering

Regional Projects

Gravel Management

14.    Hearing was held in December.

15.    New set of conditions are now under review

16.    A final decision by Hearing Panel is anticipated by end of March.

Asset Management

Consents, Schemes

Waitangi Regional Park

17.    All CCTV cameras are installed (Pakowhai, Waitangi and Pekapeka Regional Parks) with noticeable reduction in illegal dumping in these three popular open spaces

18.    Stage III development of the park includes safe vehicle access to the river and two ephemeral wetlands (wet or dry depending on season). Construction will start shortly, and the development will be delivered in April-June 2022.

19.    A funding application for the proposed toilets at Waitangi Regional Park will be submitted to MBIE by 28 March 2022.

Asset Management

Open Spaces

Hawea Historical Park / Karamu Stream Diversion

20.    The cultural component of the Draft Management Plan is complete for Hawea Historical Park. It is under internal review and will be presented to Council in coming months.

21.    Stage 3 project delivery includes pathways around the park, construction work for widening of the confluence and design of a pedestrian bridge due to commence in April 2022.

Asset Management

Open Spaces, Regional Assets

Bayview/ Whirinaki Cycleway

22.    NCC confirmed their preference to follow an iWay / commuter route for NCC sections of the proposed cycleway.

23.    Negotiations will commence with MBIE to alter the funding agreement to reflect the status of this trail.

Asset Management Regional Projects

Tūtira Freshwater Improvement Fund Project

24.      Lower Kahikanui Stream grade control works to remediate the bed/bank erosion and to reconnect the stream to the flood plain have been completed, with planting scheduled for April/May.

25.      The Te Waiū o Tūtira Fresh Water Improvement Fund Project reaches completion on 31 March, with final reporting due in April.

ICM – Catchment Delivery

 


Southern Catchments

Project /Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

Upper Tukituki Flood Control Scheme

26.    Two contractors have been selected and contracts generated. Contractors have been invited to sign. One contractor started in February, other to start mid-March – delay due to rain. The next tender round of river reaches has been selected. Anticipating the next tender to be sent to the pre-qualified contractors late March.

Asset Management

Regional Projects, Schemes

Porangahau / Maharakeke Catchment Group – Massey Project

27.     The Catchment Group has joined the Taranaki and Manawatu regions and Dairy NZ in the Catchment Solutions – Enhancing Rural Capability to Achieve Essential Freshwater Outcomes project led by Massey University.

28.     The project is seeking $2.77m funding from Ministry for Environment to demonstrate novel edge-of-field technologies to communities, and to develop extension and education packages that share expert knowledge, tools and skills that lead to improvements in fresh water quality.

ICM – Catchments Policy Implementation

Tukituki Land Care (TLC) group

29.     April - Tukituki based catchment group leaders are meeting to explore options to develop an umbrella entity. The group’s primary objective is to provide a more joined-up approach to applications for funding from government and other sources to promote improvements in the catchment.

ICM – Catchments Policy Implementation

Te Ikatiere Management Plan

30.    The draft Te Ikatiere Management Plan is to be circulated to key people for feedback.

ICM – Catchment Delivery

 


Whole of Region

Project /Activity Description

Significant Upcoming Milestone(s)

Group /Team or Section

Hill Country Erosion Fund

31.    Application round for the next 4 years funding opens.

32.    Irrigation upgrade commences at the pole nursery.

33.    The final pole stocktake will be completed ahead of the June harvest.

ICM – Catchment Delivery

Low Flows

34.      Low flows continue to be measured and the data passed to compliance as river levels remain low.

ICM – Environmental Information

Monitoring Programmes

35.      Much of the freshwater ecology monitoring is being pushed through to late March or April due to the river flows late in the season. Recreational water quality programme finishes this week.

ICM – Environmental Information

Covid disruption to reticulated stock water workshops and catchment group meetings

36.     One of the five planned reticulated stock water events (Sherenden) went ahead in March. Events scheduled for Rissington (15/3/22), Takapau and Wallingford (16/3/22) were postponed due to Covid-19 implications (Patoka and Takapau Schools were closed at the time).

37.     Events postponed will be re-scheduled for May and will coincide with the planned Wairoa event.

38.     Delivery was already ahead of milestone requirements for the MPI contract, so there are currently no implications for contract delivery.

39.     Covid-19 within rural communities is currently affecting event attendance and the viability of some events that cannot be shifted to an on-line format.

ICM - Catchments Policy Implementation

Grazing Winter Crops (Intensive winter grazing) workshops

40.     Workshops scheduled for 5 April at Makaretu and Sherenden 21 April 2022.

41.     Format is to help landowners understand regulations, guidance on developing a winter grazing module, establishing catch crops post grazing, winter animal health checks (vet presentation).

ICM - Catchments Policy Implementation

Coastal Habitat Mapping

42.    NIWA recently completed 11 days of seabed mapping - seven days’ work at Mahia, three days’ work at Clive, and one day at Tangoio. A total of 66km2 was mapped and will added to the mapping undertaken in 2021.

ICM – Environmental Science

 


PMO: Strategic Projects & Key BAU Programme Reporting

Seventeen key strategic (or change) projects/ BAU programmes are being tracked by the Project Management Office (PMO) and shared monthly throughout the lifecycle of these projects. These projects were selected because of their significance in terms of investment, risks, benefits and interdependencies.

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

 

Performance Indicators (RAG): Green = On Track, Amber = At Risk, Red = Off Track, Grey = Not started/On hold

 

Status Change Keys:

Table

Description automatically generated

 

 

Project/Programme Title

Schedule

Risks*

Budget

Comment

Status Change

1

Right Tree Right Place Pilot

Work has progressed on the addressable market for RTRP and landowner surveys have been sent to approx. 500 target farms. The CDT has assisted to filter these farms and are involved with follow-up engagement with landowners to have surveys completed. The survey will help further filter target farms and identify barriers and opportunities for the programme. Work continues to progress with the initial pilot farms with farm/forestry plans about to be completed on pilot farm #2. The Nature Conservancy (TNC) is working towards increasing resourcing for commercial modelling support for the due diligence component of the project.

Updated since 23 Feb

2

Regional Water Security Programme: Project 1: Heretaunga Water Storage

 

Ongoing assessment of the technical viability and consentability of medium-scale storage in the upper Ngaruroro River Catchment. Project team reviewing scope of works for next phase of investigations based on independent peer review of technical pre-feasibility. Terrestrial and aquatic ecological assessments nearing completion.

Lowland stream solutions investigations subject to ongoing mana whenua engagement.

Updated since 23 Feb

Project 2: Managed Aquifer Recharge

Technical workstreams for consenting completed. Mana whenua engagement process now extending into 18 months but project team is hopeful that this will be concluded shortly and the production of a CIA can pave the way for the final package of the consent application.

Updated since 23 Feb

Project 3:
Regional Water Assessment

The Regional Water Assessment Interim Report (draft) was shared with Councillors and Executive at the workshop on 24 Nov 2021. Industry forum held on 17 Feb and presentation to Regional Leaders on 7 March.

Updated since 23 Feb

3

Water Efficiency Programme Review (Future Water Use)

Landwise contracted to undertake scoping work and interviews with significant water users in conjunction with Regional Water Assessment engagements.

Updated since 23 Feb

4

Ahuriri Regional Park

The project is in a planning phase to set up the right governance model with NCC, HBRC and Mana Ahuriri. There is a risk that this project could be protracted given the many issues that surround the Ahuriri Estuary and current resourcing of Mana Ahuriri to respond. The working group has met and recommended a Joint Committee structure composing of NCC, HBRC and Mana Ahuriri. Engagement is ongoing with Mana Ahuriri on their recommended model going forward for the project. Budget and schedule remain on track given that several years was allowed for planning, definition, and design prior to any construction.

Updated since 23 Feb

5

Clifton to Tangoio Coastal Hazards Strategy Implementation

Key focus for the Strategy remains the confirmation of arrangements for implementation as between HBRC, NCC and HDC. The Funding Review led by Raynor Asher QC has set out clear recommendation, and these are in the process of being agreed through a Memorandum of Transition (MOT). Key timeframe risk is Local Body Elections. Budget for 2021-2022 Financial Year is not under stress. Decision process is partially complete with recommendation for HBRC to take the lead and sign the MoT was passed at the C&S Committee on 16/3.

Updated since 23 Feb

6

On-demand Public Transport

With a date for buses arrival secured, the schedule is on track with a launch date 6 June. Workforce (driver and HBRC) availability will be closely monitored but risks have been somewhat mitigated. The budget is back on track with a decision to run a full on-demand service rather than retain a schools-only service. The engagement strategy is gaining traction and branding has been approved.

Updated since 23 Feb

7

Kotahi Plan

The All Governors Hui is scheduled 23 March.  Bill Hamilton will be facilitating this meeting and will recap the progress made at the previous hui last December and workshop how the Governance structure will work to support Kotahi in the forthcoming years.

Updated since 23 Feb

Kotahi: Mohaka Plan Change

Due to Covid-19 red framework the hui held at the end of January was online, approx. 20 Mana Whenua attended this hui.  There was representation from HBRC Māori partnerships at this hui.  A progress report of the Māori-led workstream is being prepared and should be available later in February.

No change since 23 Feb

8

TANK Plan Change

Awaiting decision from Independent Hearings Panel.

No change since 23 Feb

 

Tank Plan Implementation

Communications plan and pilot materials for rural sub-catchments to be developed and tested, in consultation with the Kotahi programme.

TANK Dashboards design nears completion, build expected to occur in April for publication in May.  Community testing to run in parallel within Covid constraints.

Updated since 23 Feb

9

Tukituki Plan Policy Implementation

Consents Team are continuing to process the Tukituki production land use consents. Transition stage moving from implementation to business as usual for the Consents and Compliance teams with ongoing support from the Policy implementation (Regulation) team. Continue to support the FEMP project particularly with establishing the audit process. Work with the Policy team on the review of the Tukituki Catchment Plan as part of the wider Kotahi project.

Updated since 23 Feb

Farm Environmental Management Plans (FEMPs)

FEMP resubmissions were due on 31 May 2021. A 12-month deadline of May 2022 is in place, with all outstanding properties and providers recently contacted to make aware and related compliance consequences if not reviewed. 66 % of eligible land has been covered by a FEMP to date and currently 35 properties being followed up by compliance. Risks and schedule remain high due to dates and number of FEMPs to be reviewed.

Updated since 23 Feb

10

Te Karamu Catchment Plan

 

 

 

Appointment to role made and commencing early April.

The decision was made to roll reporting for the development of catchment plans into a single item.

Updated since 23 Feb

11

Ahuriri Catchment Plan

 

 

 

This role remains vacant.

The decision was made to roll reporting for development of catchment plans into a single item.

Updated since 23 Feb

12

Erosion Control Scheme (ECS) Programme (incl. Soil Conservation Nursery & HCEF)

Risks are amber due to shortages in labour market (fencers and planting crews) and rising material costs, e.g. fencing materials.

Staff working hard to allocate last of the 2021-2022 budget, as only fencing projects available given the time of year and time left. Since fencer availability is problematic Catchment Advisors are reaching out to fencing contractors to advise them of our scheme and keeping an updated contractor list.

Updated since 23 Feb

13

Ecosystem Prioritisation: Terrestrial

Five of the seven projects are now underway. There have been delays in sourcing fencing material. The last two sites are estimated to start in March. Moving into winter, weather may cause some delays.

Although materials have increased, the EP budget is currently on track.

Updated since 23 Feb

14

Partial Pest Plan Review

The draft proposal has been submitted to the Biosecurity Working Party for first review. External stakeholder engagement has commenced with Forestry Groups about to be informed. A public consultation has been tentatively scheduled to commence from mid-June to mid-July. Timeline has been extended to October 2022 as there have been staffing resourcing changes, and an extension will allow more time to get the process correct. The EICC has been reported back to with findings from the BWP. The BWP has appointed an independent expert to run through the process and hear submissions after the public consultation period.

Updated since 23 Feb

15

Flood Control & Drainage Scheme – IRG: Heretaunga Flood Control & Drainage Scheme Levels of Service

Risks being managed are resource availability (consultants and contractors), Covid-19 programme delays and archaeological findings that may cause delay.

Physical works have commenced and are ongoing at Taradale. All investigations complete for Moteo, East Clive, Ngatarawa and Roys Hill are complete. Construction for these sites is due to commence in Oct 2022.

No change since 23 Feb

Flood Control & Drainage Scheme – IRG: Upper Tukituki Flood Control Scheme

 

 


Risks being managed are market engagement, achieving targeted extraction volumes within allocated budget and funding timeframe, Covid-19 programme delays. First round extraction has started with one of two contractors on the Makaretu and Tukipo. The second contractor is due to start week of 8 March. Spending expected to accelerate when next tender rounds are sent to market and awarded.

Updated since 23 Feb

Flood Control & Drainage Scheme – IRG: Wairoa River, River Parade Erosion

Risks being managed are Covid-19 programme delays. Temporary traffic management in place awaiting guardrail to be installed and slope earthworks to be completed. Cultural impact assessment (outcomes/ recommendations).

No change since 23 Feb

16

Revenue & Financing Policy/ Rates Review (incl. Scheme Rating Reviews)

 

Project scoping has commenced following the appointment of the new CFO. Transition of resource to the project is being worked through. Phase 1 first principals to be completed before local government elections, Phase 2 post elections.  Workshops to be scoped and scheduled soon.

Updated since 23 Feb

17

Enterprise Asset Management

Mapping exercise to commence to diagram current processes and data. Demonstration from vendor to view specific asset capabilities scheduled. Workshops to be scoped and scheduled once BA resource starts (early April). Data accuracy and confidence added to scope. Risks presently being managed are resource availability, data, Covid related.

Updated since 23 Feb

 

Project Summaries

1

Right Tree Right Place

Pilot on up to five farms to understand the detailed 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

Future Water Use

Making better use of the water, we must complement water storage.  Work with water users to drive more efficient and effective use to complement water storage.

4

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.

5

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.

6

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 and 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.

7

Kotahi Plan

A combined resource management plan for the Hawke’s Bay region.  The Regional Policy Statement and Regional Plan will be combined with the Regional Coastal Environment Plan which is due for review.  In addition, the NPSFM 2020 requires us to develop a plan to give effect to Te Mana o Te Wai.

8

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 Sub catchments Community Engagement

An external communications 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.

9

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 of the 3 yearly submission cycle – first resubmission was due 31 May 2021.

10

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)

Provides 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; managed primarily for the ECS and Works Group river control plantings.

11

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 has 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.

12

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.

13

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

Provides steel sheet piled erosion protection works on left bank of the Wairoa river.

14

Enterprise Asset Management

Aims to embed an Asset Management Information System which integrates into and expands on the Enterprise Resource System (ERP) that was introduced during the Finance Upgrade Systems & Efficiency (FUSE) project. The goal is to provide a solution that improves HBRC operational efficiency, allowing it to confidently identify assets (both spatially and uniquely within a register), manage and maintain its current infrastructure through whole-of-life, and assess risk to determine when changes or additions are required, while aligning with strategic goals through the prioritisation of capital investment.

15

Revenue & Financing Policy/ Rates Review (incl. Scheme Rating Reviews)

First principles Review of Revenue and Financing policy and full review of rating system. The aim of the review is to improve transparency and fairness for who pays what, ensure legal compliance and simplify the policy thereby providing more flexibility in application.

 


Enforcement Actions

 

43.      There are 11 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.

 

Date

Type of Enforcement Action

Status

 

Oct 2021

Burning prohibited items

Before the court – First appearance

Sep 2021

Burning prohibited items

Before the court – First appearance

Jun 2021

Discharge to land/water

Before the court – First appearance

Apr 2021

Contravention enforcement order

Before the court

Feb 21

Discharge to land that may enter water

Before the court – Plea to be entered

Jan 21

Discharge to air - odour

Before the court – Plea to be entered

Nov 20

Discharge to land that may enter water

Before the court – Plea to be entered

Jul 20

Discharge to land that may enter water

Before the court – Plea to be entered

Jun 20

Discharge to land that may enter water

Before the court – Plea to be entered

Jun 20

Discharge to land that may enter water

Before the court – Not Guilty Plea

Mar 20

Discharge to land that may enter water

Before the court – Guilty Plea to be entered

 


 


Environment Court Proceedings

Date

Type of Proceedings

Status

June 2021

Three Environment Court appeals lodged against Independent Panel decisions made in June 2021 on submissions to Outstanding Water Bodies Plan Change (PC7).

Following mediation held in February further mediation is being scheduled for April amongst parties.

2021

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.

 

Recommendation

That the Hawke’s Bay Regional Council receives and notes the Significant organisational activities looking forward through April 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

Forests and Reserves Officer

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

Tim Jones

Project Engineer

 

Dr Kathleen Kozyniak

Principal Scientist (Air)

 

Anna Madarasz-Smith

Team Leader Marine, Air and Land Science

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

Becky Shanahan

Senior Scientist Marine and Coasts

Lauren Simmonds

Project Manager - Biosecurity Review

Dr Jeff Smith

Manager Science

Jolene Townshend

Acting Manager Catchment Delivery

Richard Wakelin

Senior Catchment Advisor (Policy Implementation)

 

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

30 March 2022

Subject: Call for Minor Items Not on the Agenda

 

Reason for Report

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.

Recommendations

3.       That Council accepts the following Minor Items Not on the Agenda for discussion as Item 13.

Topic

Raised by

 

 

 

 

 

 

 

 

Leeanne Hooper

GOVERNANCE TEAM LEADER

James Palmer

CHIEF EXECUTIVE

 


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: 2022-2023 Annual Plan Approach

 

Reason for Report

1.      This item seeks a resolution from Council to adopt a no-consultation approach to the Annual Plan 2022-2023.

2.      This item also sets out the key dates to adoption of the Annual Plan under this approach.

Officers’ Recommendations

3.      Staff recommend that Council adopts a no consultation approach to the Annual Plan 2022-2023. We are keeping within the 15% rates increase forecast for Year 2 of the Long Term Plan 2021-2031, and staff assess that there are no significant rating or levels of service impacts from proposed budget adjustments that would trigger the need to consult.

Background

4.      Annual plans are prepared and adopted under section 95 of the Local Government Act 2002 (LGA). Council is required to produce an annual plan in the years between long term plans. Long term plans are reviewed and adopted every three years. The Annual Plan 2022-2023 is Year 2 of the Long Term Plan 2021-2031 (LTP). The LGA requires that an annual plan be adopted before the commencement of the year to which it relates.

5.      An annual plan provides an opportunity for small adjustments or variances from the long term plan to reflect changes since the plan was adopted.

6.      Under the LGA, consultation is only required if there is a “significant or material difference from the content of the long term plan” for that financial year. In other words, as long as budget adjustments do not significantly change total rates, rating impacts or levels of service then no consultation is required.

7.      Council’s Significance and Engagement Policy is the primary tool to determine the significance of Regional Council decisions and give clarity on when to engage. As outlined in the policy, significant means that the issue, proposal, decision or other matter is judged by Council to have a high degree of importance. This is typically when the impact on the regional community or a large portion of the community, or where the financial consequences of a decision, are substantial.

Discussion

8.      The LTP forecasts a total average rates increase of 15% in Year 2 of our Long Term Plan 2021-2031 (LTP) which we will remain within. Ratepayers will be impacted differently based on the mix of general and targeted rates they pay. The make-up of the 15% increase was agreed as part of the LTP and has not materially changed.

9.      Councillors have been involved in several workshops around the development of the Annual Plan and are advised of the challenges and financial pressures we are facing in preparing this Annual Plan. The Executive Leadership Team and the Finance team have pulled every lever available to remain within the total average rate increase of 15%.

10.    Adjustments have been incorporated into the Annual Plan which staff assess do not trigger the need to consult. Some of these key adjustments are:

10.1.     Economic Development – funding the new Economic Development Agency within the Regional Development Rate.

10.2.     Possum Control – $300k p.a. for additional monitoring is reallocated from the existing Predator Free Hawkes’ Bay budget. This is the proposed transitional approach to implement large-scale contracts for possum control on 1 July 2024 post-consultation on the Long Term Plan 2024-2034.

10.3.     Acceleration of the Right Tree Right Place Pilot.

10.4.     Implementation of weed boat harvesting in the Karamū.

10.5.     Ahuriri Regional Park – funding for project management brought forward to Y2.

10.6.     Decrease in Tūtira logging revenue forecast.

10.7.     Increase in insurance premiums.

11.    This is the second time Council will be taking a no-consultation approach. The first time was in 2019-2020.

12.    Staff recommend informing the community of the Council’s approach to the Annual Plan 2022-2023. This will include:

12.1.     A media release issued on 30 March confirming the Council’s approach when it adopts the Annual Plan 2022-2023 on 29 June 2022.

12.2.     The release of a short video, also on 29 June, giving an overview of the Council’s plan for Year 2 of the Long Term Plan. This will be posted to social media and the website.

Significance and Engagement Policy Assessment

13.    Staff assess that there are no significant rating or levels of service impacts from proposed budget adjustments to the Annual Plan 2022-2023, that therefore do not trigger the need to consult the community.

Key Dates to Adoption

14.    Key dates are outlined below.

Date

Meeting

Purpose

30 March

Council workshop

Councillors provided with draft Annual Plan 2022-2023

30 March

Council meeting

Councillors to pass a resolution for a no-consultation approach

1 June

Corporate & Strategic Committee meeting

Committee provided with draft Annual Plan to recommend to Council for adoption

29 June

Council meeting

Council to adopt Annual Plan 2022-2023

 

Decision Making Process

15.    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:

15.1.     The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.

15.2.     The use of the special consultative procedure is not prescribed by legislation.

15.3.     The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

15.4.     The persons affected by this decision are ratepayers in the Hawke’s Bay region.

15.5.     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 Annual Plan 2022-2023 Approach 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.      Adopts a no-consultation approach to the Annual Plan 2022-2023 given there is no significant change to rating or levels of service from what was forecast for Year 2 of the Long Term Plan 2021-2031.

 

Authored by:

Sarah Bell

Team Leader Strategy & Performance

Drew Broadley

Communications & Engagement Manager

Chris Comber

Chief Financial Officer

Desiree Cull

Strategy & Governance Manager

Mandy Sharpe

Project Manager

 

Approved by:

Jessica Ellerm

Group Manager Corporate Services

 

 

Attachment/s

There are no attachments for this report.


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: Report and Recommendations from the Corporate and Strategic Committee

 

Reason for Report

1.      The following matters were considered by the Corporate and Strategic Committee (C&S) meeting on 16 March 2022 and the recommendations agreed are now presented for Council’s consideration alongside any additional commentary the Chair, Councillor Neil Kirton, wishes to offer.

Agenda Items

2.      The Clifton to Tangoio Coastal Hazards Strategy - Memorandum of Transition decision item presented a proposed Memorandum of Transition (MoT) to confirm council roles and responsibilities for the implementation of the Clifton to Tangoio Coastal Hazards Strategy. Committee discussions noted:

2.1.       The MoT (Attachment 1) has been developed to give effect to the outcome of the Funding Review led by Raynor Asher, QC, and provides a mechanism for HBRC, HDC and NCC to confirm the agreed arrangements for implementing the Strategy and the associated transfer of assets recommended by the funding review.

2.2.       The MoT has been endorsed by Napier City Council (NCC) and Hastings District Council (HDC) in December 2021 and their Chief Executives delegated to execute the MoT on their behalf.

2.3.       Following HBRC endorsement, a public consultation process will be undertaken in the form of a proposal by HBRC under s.16 of the Local Government Act for an LTP amendment.

2.4.       The actual transfer of assets will not happen before the Coastal Hazard Transfer Agreement has been formalised, and that will stipulate that the transfer will be at no cost to HBRC, will ensure rate neutrality, and will include any outstanding debt and revenue on the assets as at the Transfer Date.

2.5.       Concerns were raised about the financial and resourcing impacts on HBRC of taking on this new responsibility and activities.

2.6.       Concerns were expressed about committing $15m of Capital Expenditure to build hard engineering solutions on the east coast. However, it was noted that the pathways are adaptive and not confirmed, and will only be constructed if they are approved through rigorous resource consent application processes.

2.7.       Decision and process steps for implementation of the MoT are outlined in Table 1 following.

Table 1: Strategy Consultation and Implementation Timeframes

Timing

Critical Tasks + Decision Gateways

To end of Feb 2022

-     Pre-consultation
Mana whenua engagement, community workshops, community engagement

Decision Gateway 1: Memorandum of Transition

Oct 2021 – May 2022

-     Memorandum of Transition development and approval

-     LTP Amendment preparation
Councillor workshops / consultation material preparation


 

Timing

Critical Tasks + Decision Gateways

Decision Gateway 2: Notification of LTP Amendment

May-June 2022

-     Consultation
LTP Amendment notified as s.16 proposal (significant new activity for HBRC)

July-August 2022

-     Hearings / deliberations / decisions

Decision Gateway 3: Adoption of LTP Amendment & Strategy

August 2022

-     Consenting process commences for physical works (est. 2 years)

October 2022

-     Local Body Elections

March 2024

-     Triennial LTP review to include funding for physical works

Decision Gateway 4: Adoption of LTP including funding provisions

July 2024

-     Strategy implementation rating commences

September 2024 (est.)

-     Construction phase commences

 

3.      The Committee passed the recommendations as proposed, being that Council:

3.1.       Endorses the Memorandum of Transition as proposed.

3.2.       Instructs the Chief Executive to execute the Memorandum of Transition on behalf of the Hawke’s Bay Regional Council following satisfaction of consultation requirements under Clause 7 of the Hawke’s Bay Region’s Triennial Agreement for the Triennium October 2019-2022.

3.3.       Delegates to the Chief Executive authority to approve changes to the Memorandum of Transition should they be required by the Hastings District Council and Napier City Council in consultation with the Hawke’s Bay Regional Council members of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee.

4.      The Order of Candidates Names on Voting Documents item sought a decision on the order of candidate’s names to be on the voting documents for the 2022 local body elections. The Committee resolved:

4.1.       That the names of candidates at the 2022 Hawke’s Bay Regional Council elections and any intervening by-elections be arranged in fully random order.

5.      The Proposal to Participate in Regional Sector Council-Controlled Organisation item sought a decision on participation in a Regional Sector Shared Services Council Controlled Organisation (RSSSCCO), subject to consultation. The proposal has been developed in response to:

5.1.       Increased demands from Central Government to deliver a broad range of reform packages

5.2.       Capacity and capability challenges and competition between councils to attract and retain talent

5.3.       Expectations from our communities for councils to do more with less.

6.      The proposal is for the 16 regional councils and unitary authorities in Aotearoa New Zealand to create and invest in an RSSSCCO, fairly sharing the benefits, costs, and risks of the investment. This will enable improved outcomes from investment into national programmes of work as well as improve access to specialist and expensive resources, reducing costs and sharing risk. The Committee supported the proposal and resolved the recommendation that Council:

6.1.       Agrees to participate in a Regional Sector Shared Services Council Controlled Organisation subject to consultation.

7.      The Updated HBRC Appointment and Remuneration of Directors Policy item sought agreement to amendments to the Policy to ensure that Council’s more active investment objectives are appropriately governed to support optimum investment performance, while maintaining appropriate oversight and accountability by Council.  The committee resolved a recommendation to Council for adoption of the policy with the inclusion of the following preferences as agreed by the committee.

7.1.       HBRIC should continue to be governed by a blend of commercial and councillor directors to support integrated objectives setting and strategic alignment between Council and HBRIC, while incorporating independent perspectives and commercial skills, with a minimum of two independent directors within an overall maximum of eight directors.

7.2.       Councillor directors are to be paid for their director duties on the board of HBRIC only if they are not already remunerated for higher duties as Council committee chairs or Council Chair or Deputy, and in such event are to be paid the difference between a base councillor salary and that of a Council committee chair.

7.3.       In the event a Councillor director is appointed Chair of HBRIC, remuneration should be equivalent to that which would be paid to an Independent Chair.

7.4.       HBRIC’s commercial subsidiaries should be run by independent directors only, for commercial objectives, in order to maintain separation between active commercial investment activity and the role of councillors as community representatives overseeing this activity via HBRIC and Council, enabling councillors to hold the investment entities accountable for their performance without being conflicted.

7.5.       In the event that Council, by resolution, suspends the Policy in respect of 7.4 above and enables councillors to be considered for appointment by HBRIC to a subsidiary company in response to special circumstances, the appointment is to be made by independent directors of HBRIC to ensure councillors being appointed to commercial entities attracting market-based fees are only appointed following an objective and apolitical assessment of the suitability of their skills for the role.

7.6.       Commercial subsidiaries and CCOs must have skills-based boards, constituted of directors with the relevant industry experience and knowledge, governance and commercial skills.

7.7.       All boards of entities for which HBRIC holds significant shareholdings are required to consider how they support diversity and inclusion, with open and transparent appointment processes.

7.8.       HBRIC is delegated the authority to appoint directors to its subsidiaries in consultation with Council.

7.9.       The Chair of HBRIC should be an Independent Director.

7.10.     Board fees should be paid for all non-councillor Director positions, and that Council supports payment of market-based fees.

7.11.     Existing councillor directors on HBRIC subsidiaries should stand down from their roles in a managed transition that minimises disruption to the commercial interests of their entities, and Council with board fees paid for all work to that point.

7.12.     In consultation with Council, HBRIC may appoint executive directors to HBRIC subsidiaries with directors’ fees paid by the subsidiary or CCO to the parent company, unless otherwise agreed as part of a modified remuneration package for the executive that reflects adjusted responsibilities and accountabilities.

7.13.     In consultation with Council, HBRIC will nominate two directors for the board of Napier Port for as long as a majority shareholding is held by Council via HBRIC.

8.      The HBRIC and Foodeast Draft Statements of Intent item sought feedback on the draft statements of intent as required by schedule 8 of the Local Government Act (LGA). Discussions noted:

8.1.       Feedback is being sought on potential amendments for the Boards to consider for incorporation into the final SoIs which will go to the Regional Council in their final form for agreement on 29 June 2022.

8.2.       The purpose of Foodeast, a limited partnership, is to construct and operate a food innovation hub.

8.3.       The purpose in the Foodeast SoI should not only focus on jobs, but food innovation as well.

9.      The draft Statements of Intent are attached for Council’s further consideration and any additional feedback for the boards of HBRIC and Foodeast to consider for incorporation prior to adoption of the final SoIs.

10.    The HBRIC Ltd quarterly update provided Council with an update on the activities of Hawke’s Bay Regional Investment Company (HBRIC), highlighting:

10.1.     Shares of Napier Port Holdings (NPHL) are down 10%; however, dividends appear to be on track.

10.2.     HBRIC received endorsement and feedback from the Māori Committee for the proposed name change and rebrand to Te Matau Investments Ltd.

10.3.     Blair O’Keeffe has resigned as HBRIC Chief Executive effective from end of March 2022.

10.4.     Tom Skerman has been seconded to HBRIC for 2 days a week building a pipeline of possible investment opportunities, talking to potential partners such as PSGE’s, the Crown, other councils and investigating opportunities that may arise.

11.    The Report from the Finance Audit and Risk Sub-committee meeting item highlighted:

11.1.     The six-monthly Enterprise Risk Report revealed that the overall residual risk profile for Council has increased, despite implementing additional controls in response to external uncertainties.

11.2.     In relation to the Risk Maturity Update, the Risk Team will be working collaboratively with the Strategy and Performance Team to strengthen risk and performance metrics within the Organisational Performance report.

11.3.     Sub-committee feedback on the draft Scope for a Fund Manager Review, in relation to frequency, performance compared to their peers, and criteria, will be incorporated into a final document to be presented to the 10 August 2022 FARS meeting for agreement to undertake the review.

11.4.     The 2020-2021 Annual Report Audit, Cyber Security and Talent Management Internal Audit items are the subject of a separate public excluded agenda item.

12.    The Financial Report for the period 1 July - 31 December 2021 item presented an update on Council’s financials, and highlighted:

12.1.     Operating expenditure for the last six months was below budget with operating income above budget, resulting in an operating surplus of $1.3m for the period compared to a forecast budget deficit of $4.8m.

12.2.     Many of the financial impacts of Covid-19 offset each other; the most significant impact will likely be the ability to achieve budgeted investment income for the financial year.

12.3.     Staff expressed confidence that the current underspends will not significantly impact on Level of Service delivery next year and so council will not have to consult on any significant variations from year 2 budgets in the 2021-2031 LTP.

13.    The Organisational Performance Report for the period 1 October - 31 December 2021 item highlights included:

13.1.     Covid-19 has had a significant impact on the civil defence group over the last 2 years.

13.2.     Council will sell a portion of its NZUs (carbon credits) to fund the Climate Action Ambassador role and operating budget

13.3.     Concerns raised about resourcing for delivery of the Regional Water Security programme.

14.    The Corporate Plan Implementation item reported on progress made to implement the corporate plan, and highlighted:

14.1.     The corporate plan was developed alongside the 2021-2024 LTP to provide the support base for the ambitious LTP work programme.

14.2.     Significant amount of capital ($30m) has been allocated through the 2021-2031 LTP to underpin Council’s ability to deliver its ambitious work programme.

14.3.     Proposed next steps for FUSE (TechOne) will improve functionality within the current modules across the board as well as introduce two or three new features and functionality.

14.4.     Building an integrated, enterprise-wide system for financial management and planning, People Management, etc will manage the organisation holistically.

Decision Making Process

15.    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:

15.1.     Given the items were specifically considered by the Corporate and Strategic Committee on 16 March 2022, Council can exercise its discretion and make decisions without consulting directly with the community or others having an interest in those in accordance with the following recommendations.

 

Recommendations

The Corporate and Strategic Committee recommends that Hawke’s Bay Regional Council:

1.      Receives and considers the Report and Recommendations from the 16 March 2022 Corporate and Strategic Committee meeting

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.

Clifton to Tangoio Coastal Hazards Strategy - Memorandum of Transition

3       Endorses the Memorandum of Transition as proposed.

4       Instructs the Chief Executive to execute the Memorandum of Transition on behalf of the Hawke’s Bay Regional Council following satisfaction of consultation requirements under Clause 7 of the Hawke’s Bay Region’s Triennial Agreement for the Triennium October 2019-2022.

5       Delegates to the Chief Executive authority to approve changes to the Memorandum of Transition should they be required by the Hastings District Council and Napier City Council in consultation with the Hawke’s Bay Regional Council members of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee.

Order of Candidates Names on Voting Documents

6       Resolves that the names of candidates at the 2022 Hawke’s Bay Regional Council elections and any intervening by-elections be arranged in fully random order.

Proposal to Participate in Regional Sector Council-Controlled Organisation

7       Agrees that the decisions to be made are in accordance with section 56 and 82 of the Local Government Act.

8       Agrees to participate in a Regional Sector Shared Services Council Controlled Organisation subject to consultation.

9       Agrees to the streamlined public consultation process proposed.

Updated HBRC Appointment and Remuneration of Directors Policy

10    Adopts the Appointment and Remuneration of Directors Policy as amended to incorporate the following preferences resolved by the Corporate and Strategic Committee.

10.1      HBRIC should continue to be governed by a blend of commercial and councillor directors to support integrated objectives setting and strategic alignment between Council and HBRIC, while incorporating independent perspectives and commercial skills, with a minimum of two independent directors within an overall maximum of eight directors.

10.2      Councillor directors are to be paid for their director duties on the board of HBRIC only if they are not already remunerated for higher duties as Council committee chairs or Council Chair or Deputy, and in such event are to be paid the difference between a base councillor salary and that of a Council committee chair.

10.3      In the event a Councillor director is appointed Chair of HBRIC, remuneration should be equivalent to that which would be paid to an Independent Chair.

10.4      HBRIC’s commercial subsidiaries should be run by independent directors only, for commercial objectives, in order to maintain separation between active commercial investment activity and the role of councillors as community representatives overseeing this activity via HBRIC and Council, enabling councillors to hold the investment entities accountable for their performance without being conflicted.

10.5      In the event that Council, by resolution, suspends the Policy in respect of 10.4 above and enables councillors to be considered for appointment by HBRIC to a subsidiary company in response to special circumstances, the appointment is to be made by independent directors of HBRIC to ensure councillors being appointed to commercial entities attracting market-based fees are only appointed following an objective and apolitical assessment of the suitability of their skills for the role.

10.6      Commercial subsidiaries and CCOs must have skills-based boards, constituted of directors with the relevant industry experience and knowledge, governance and commercial skills.

10.7      All boards of entities for which HBRIC holds significant shareholdings are required to consider how they support diversity and inclusion, with open and transparent appointment processes.

10.8      HBRIC is delegated the authority to appoint directors to its subsidiaries in consultation with Council.

10.9      The Chair of HBRIC should be an Independent Director.

10.10    Board fees should be paid for all non-councillor Director positions, and that Council supports payment of market-based fees.

10.11    Existing councillor directors on HBRIC subsidiaries should stand down from their roles in a managed transition that minimises disruption to the commercial interests of their entities, and Council with board fees paid for all work to that point.

10.12    In consultation with Council, HBRIC may appoint executive directors to HBRIC subsidiaries with directors’ fees paid by the subsidiary or CCO to the parent company, unless otherwise agreed as part of a modified remuneration package for the executive that reflects adjusted responsibilities and accountabilities.

10.13    In consultation with Council, HBRIC will nominate two directors for the board of Napier Port for as long as a majority shareholding is held by Council via HBRIC.

HBRIC and Foodeast Draft Statements of Intent

11     Further considers the HBRIC Ltd 2022-2023 draft Statement of Intent (SoI) and undertakes to provide any additional feedback on the Draft SoI to HBRIC Ltd by 1 May 2022 (LGA Sch8 cl3) to enable delivery of the completed Statement of Intent to Council on or before 30 June 2022 for adoption.

Reports Received

12     Notes that the following reports were provided to the Corporate and Strategic Committee:

12.1      HBRIC Quarterly Update

12.2      Report from the Finance Audit and Risk Sub-committee meeting

12.3      Financial Report for the Period 1 July - 31 December 2021

12.4      Organisational Performance Report for the Period 1 October - 31 December 2021

12.5      Corporate Plan Implementation.

 

Authored by:

Chris Comber

Chief Financial Officer

Desiree Cull

Strategy & Governance Manager

Leeanne Hooper

Team Leader Governance

 

Approved by:

Chris Dolley

Group Manager Asset Management

Jessica Ellerm

Group Manager Corporate Services

 

Attachment/s

1

Memorandum of Transition

 

Under Separate Cover

2

Appointment & Remuneration of Directors Policy

 

Under Separate Cover

3

HBRIC Draft Statement of Intent 2022-2023

 

Under Separate Cover

4

FoodEast draft Statement of Intent 2022-2023

 

Under Separate Cover

  


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

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  120

DP 10990

              CT C1/367

-       Agreement for Sale and Purchase

 

 

 

 

4495

 

 

 

 

23 February 2022

1.2

Staff Warrants

1.2.1    A. Daly

             (Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (Clauses 32(1) and 32B Schedule 7))

 

1.2.2    W. Nilsson

             (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))

 

4496

 

 

 

 

 

 

4497

 

2 March 2022

 

 

 

 

 

 

10 March 2022

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.       One single leasehold property was sold, with 63 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.

 

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

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

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

 

Reason for Report

1.      This item provides a summary of discussions (attached) that took place at the 22 February 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting for the Council’s consideration, alongside any additional commentary the Chair, Jerf van Beek, may wish to provide.

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.

 

Recommendations

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

 

 

Authored by:

Simon Bendall

Coastal Hazards Strategy Project Manager

 

Approved by:

Chris Dolley

Group Manager Asset Management

 

 

Attachment/s

1

Summary Notes of 22 February 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting

 

 

  


Summary Notes of 22 February 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting

Attachment 1

 

PDF Creator


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: Report from the 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 9 March 2022 for Council’s information alongside any additional commentary the Committee Chair, Councillor Hinewai Ormsby, wishes to offer.

Agenda Items

2.      The Developing ways of working with rural women presentation by Dr Edgar Burns highlighted:

2.1.       There are different ways to engage with rural women in our region which can increase the effectiveness of and support improved on-farm environmental practices and climate change readiness.

2.2.       Women bring competencies, skills and abilities to farming like education, business and financial knowledge, emotional support, and flexibility.

2.3.       One way to strengthen HBRC’s efforts for rural environment improvement is to develop greater and more varied connections with regional rural women through opportunities, learning and support.

2.4.       Coupling social change in environmental stewardship with relatively recent changes in the roles, education and opportunities for women today is worth pursuing.

3.      The Climate Action Ambassador and work programme item highlighted:

3.1.       Actions to adapt to climate change require changes to underlying values, world views, social structures, political and economic systems and power relationships and to look for long term solutions.

3.2.       Role of the Climate Action Ambassador is to coordinate the development of a regional collective action plan with documented milestones.

3.3.       Three workstreams include (1) collating and communications about what we already know and what we already do, (2) gaining more comprehensive information about regional risk and emissions, including our own HBRC footprint, and (3) community engagement, partnerships and collaboration.

3.4.       The key milestone in the near term is to develop a Regional Climate Action Plan by July 2023 with broad community involvement, support and engagement, which will feed into the 2024-2034 long term plans of the region’s councils.

4.      The Update on IRG Flood Control Resilience Funded projects item highlighted:

4.1.       Project 1:  Heretaunga Plains Flood Control Scheme (HPFCS) Levels of Service - HBRC has committed to deliver 8 stopbank strengthening projects over the three-year period. Physical works to strengthen the Taradale stopbank have commenced and are targeted for completion in May 2022. Motea upgrade targeted prior to winter 2022.

4.2.       Project 2:  Upper Tukituki Gravel Extraction Flood Control Scheme - gravel extraction has started and the next tender round will go to market in March.

4.3.       Project 3:  Upper Tukituki Flood Control Scheme SH50/Waipawa Erosion has been completed and a closedown report has been prepared for IRG. There will be no further reporting on this project.

4.4.       Project 4:  Wairoa River, River Parade Erosion is substantially completed. Earthworks and slope stabilisation are underway with planting and grassing to be completed in April, working with tāngata whenua.

4.5.       Schedule 3 of the funding agreement details Social Procurement Outcomes required to meet contractual obligations. HBRC has proposed initiatives such as collaborating with Waiohiki Marae’s Kaitiaki Rangers.

4.6.       A progressive procurement toolkit has been developed and has been shared with river managers across the sector.

5.      The Ecosystem Prioritisation Programme update item highlighted:

5.1.       The 80ha Pakuratahi bush will be entirely retired and has been a catalyst for other opportunities, such as the kakabeak recovery programme, an important eco-sourcing site and development of a community nursery.

5.2.       Birch Hill will be one of the largest protected black beech remnants on private land in Hawke’s Bay.

5.3.       Puahanui Bush is considered the largest (130ha remnant) intact diverse lowland forest left in Hawke’s Bay.

5.4.       Gillies Bush is one of the last forest remnants left on the seaward face of the Maraetotara plateau.

5.5.       Main challenges are: feral goats and deer; pest plants such as old man’s beard, Japanese honeysuckle, banana passionfruit; possums; and constant increasing/escalating costs.

6.      The Predator Free Hawke's Bay Close Out Report item highlighted:

6.1.       The aim of the report was to capture the learnings in a way useful to other predator free projects and determine the best pathway forward for a predator free region.

6.2.       Next steps include staff working alongside James Buwalda to prepare a companion technical report outlining the benefits from the investment and key lessons to be considered for future Predator Free investment.

6.3.       Staff are looking at ways the report can be showcased to show the significant work Council has been doing in the predator free space.

7.      The Update on the PCA Partial RPMP Review Process item covered:

7.1.       The timeframe for completion of the review has been extended to 30 September 2022 to allow staff to adequately meet the requirements set out in the Biosecurity Act, with implementation to occur in 2024-2025.

7.2.       A first draft proposal for consultation has been completed and provided to the Biosecurity Working Party (BWP), and the communications and engagement strategy been established in preparation for a public consultation phase in June 2022 and final approval by Council at the 28 September meeting.

7.3.       The discussion and decision on funding and funding implications from a rates perspective will be worked through the Revenue and Financing Policy review, which will begin in April 2022.

Decision Making Process

8.      Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as these items were specifically considered by the Environment and Integrated Catchments Committee and this report is for information only, the decision-making provisions do not apply.

 


 

Recommendations

1.      That Hawke’s Bay Regional Council receives and notes the Report from the Environment and Integrated Catchments Committee and that the following reports for information were provided to the Committee.

1.1.       Developing ways of working with rural women

1.2.       Climate Action Ambassador and Work Programme

1.3.       Update on IRG Flood Control Resilience Funded Projects

1.4.       Ecosystem Prioritisation Programme Update

1.5.       Predator Free Hawke's Bay Close Out Report

1.6.       Update on the PCA Partial RPMP Review Process.

 

 

Authored by:

Leeanne Hooper

Team Leader Governance

Desiree Cull

Strategy & Governance Manager

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

30 March 2022

Subject: Report from the 11 March 2022 Regional Transport Committee Meeting

 

Reason for Report

1.      This item presents matters considered at the Regional Transport Committee (RTC) meeting on 11 March 2022 for Council’s consideration, alongside any additional commentary the Chair, Councillor Martin Williams, wishes to add.

Agenda items

2.      The National freight strategy verbal presentation report from Napier Port item provided an overview of the Port’s activities including:

2.1.       Napier Port operates an inland port facility in Longburn to provide it with freight growth opportunities.

2.2.       ‘Schedule security’ (freight on time performance) has been dramatically affected by Covid.

2.3.       RTC and Port strategies are closely aligned.

3.      The Road Safety s17a review outcomes report item provided the Committee with the opportunity to consider an independent review of the Road Safety programme which highlighted:

3.1.       A range of possible road safety delivery options were identified.

3.2.       The preferred model agreed by the Committee is a fully collaborative regional approach - essentially a strengthening of the present model augmented by the introduction of a Technical Advisory Group (TAG) sub-committee that will have a ‘whole of transport’ approach.

4.     The On demand public transport update item provided the Committee with an update on the project, advising that the one-year Hastings project trial will commence in late May 2022 under the ‘MyWay Hawke’s Bay’ banner.

5.      The March 2022 public transport update item covered operational matters and statistics relating to public transport including:

5.1.       Go Bus reduced timetable and services are likely to be in place until the end of May 2022.

5.2.       Public transport network planning will be starting in March and involve all Hawke’s Bay councils.

6.      The Roadsafe update report provided the committee with road safety statistics and information including:

6.1.       The nationwide ‘Road to Zero’ safety campaign is underway.

6.2.       The road safety expo will be a virtual event this year.

7.      The Transport Manager’s March 2022 report provided the Committee with information including:

7.1.       A judicial review of the recently approved 2021 -24 National Land Transport Plan is underway with interested parties having up till 14 March 2022 to join the review.

7.2.       The Ministry of Transport review of road user charges is now open for submissions.

8.      The Waka Kotahi Central Region - Regional Relationships Director's March 2022 report provided an update on Waka Kotahi projects and activities, and highlighted:

8.1.       From mid-2023, safety camera management will be transferred from the Police to Waka Kotahi. Councils will have the opportunity to be involved in selection of camera sites.

8.2.       Vehicle safety ratings will now consider the impact that vehicles have on pedestrians and the environment, not just vehicle passengers.

8.3.       Hawke’s Bay road maintenance and sealing programmes are on track despite Covid.

8.4.       In 2023, approximately 350kms of Hawke’s Bay’s state highways, including large sections of SH2 and SH50, will be subject to speed assessments.

8.5.       SH5 will continue to undergo safety upgrades. Waka Kotahi has invited RTC to be involved in both the long-term planning for the highway and the shorter-term safety improvements being undertaken / planned.

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 these items were specifically considered by the Regional Transport Committee and this report is for information only, the decision-making provisions do not apply.

 

Recommendation

That Hawke’s Bay Regional Council receives and notes the Report from the 11 March 2022 Regional Transport Committee meeting.

 

Authored by:

Peter Martin

Senior Governance Advisor

Katie Nimon

Transport Manager

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

30 March 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.

Recommendation

That Hawke’s Bay Regional Council receives and notes the Councillors' Reports from meetings of Outside Bodies.

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

James Palmer

Chief Executive

 

 

Attachment/s

There are no attachments for this report.  


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: Discussion of Minor Items not on the Agenda

 

Reason for Report

1.       This document has been prepared to assist Councillors note the Minor Items Not on the Agenda to be discussed as determined earlier in Agenda Item 6.

 

Topic

Raised by

 

 

 

 

 

 

 

 

 

 

 

 


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: Possible Sale of Wellington Leasehold Property

That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 15 Possible Sale of Wellington Leasehold Property, 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

Possible Sale of Wellington Leasehold Property

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.

 

 

Authored by:

Ross Franklin

Finance Consultant

Christopher Comber

Chief Financial Officer

Approved by:

Jessica Ellerm

Group Manager Corporate Services

James Palmer

Chief Executive

  


HAWKE’S BAY REGIONAL COUNCIL

30 March 2022

Subject: Report from the Public Excluded Finance, Audit and Risk Sub-committee Meeting

That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 16 Report from the Public Excluded Finance, Audit and Risk Sub-committee Meeting 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

Report from the Public Excluded Finance, Audit and Risk Sub-committee Meeting

7(2)(f)(ii) The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees, and persons from improper pressure or harassment.

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.

 

 

Authored by:

Leeanne Hooper

Team Leader Governance

 

Approved by:

Jessica Ellerm

Group Manager Corporate Services