Meeting of the Hawke's Bay Regional Council
Date: 25 May 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 27 April 2022
4. Follow-ups from previous Regional Council meetings 3
5. Significant organisational activities looking forward through June 2022 11
6. Call for minor items not on the Agenda 23
Decision Items
7. Regional Sector Shared Services Council Controlled Organisation verbal submission 25
8. 2020-2021 Annual Report and Summary 27
9. LGNZ 2022 annual Conference and Excellence Awards 31
10. Affixing of the Common Seal 33
Information or Performance Monitoring
11. Report from the Environment and Integrated Catchments Committee meeting 35
12. Councillors' reports from meetings of outside bodies 39
13. Discussion of minor items not on the agenda 41
14. Staff submission on the National Adaptation Plan (late item to come)
Wednesday 25 May 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.
That Hawke’s Bay Regional Council receives and notes the Follow-ups 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 May 2022 Council meeting |
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25 May 2022
Subject: Significant organisational activities looking forward through June 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. The Whakatipu Mahia project milestone for a ‘Proof of Absence’ across the trapping network has been delayed by Covid and several storms in the Mahia area and is now planned to be fully installed and operational by the end of May. The network will be supported by possum dog surveys due to run in May/June. |
ICM – Catchment Services |
Whakakī Freshwater Improvement Fund Project |
2. Construction of the weir will be underway, and it is expected to be completed by 30 June. |
ICM – Catchment Delivery |
Wairoa flood event |
3. Staff are developing content for delivering woolshed workshops with appropriate agencies to help flood-affected landowners farm through winter. |
ICM – Catchment Delivery |
Reticulated stock water and Intensive winter grazing workshop |
4. Wairoa event was previously disrupted due to storm events. This will be delivered before the end of June. Date still to be confirmed. |
ICM – Catchments Policy Implementation |
Wairoa event mapping |
5. High resolution (0.5m) satellite imagery from the March rainfall event has been contracted and collected and is in the process of being downloaded. Orthophotography (by plane at 0.3m resolution) will also be collected in spring. This imagery will be analysed to obtain a spatial understanding of the number and extent of landslides as well as improving our SedNetNZ model, and landslide susceptibility models. |
ICM – Environmental Science and ICT - GIS |
Central Catchments |
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Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Flood Control Schemes - Resilience Funded projects |
6. Taradale stopbank strengthening physical works 70% complete, with construction to be completed by mid-June. Landscape planning for enhancement of berm is underway in partnership with Waiohiki Marae and is progressing well. 7. East Clive optioneering is now completed with preferred option now going into detailed design. 8. Moteo stop bank detailed design is underway. 9. Ngatarawa detailed design completed, and native forest planting is now being implemented (planting on site). |
Asset Management Engineering Regional Projects |
Gravel Management |
10. Hearing was held in December 2021. 11. New set of conditions is now being submitted to the hearing panel for consideration. 12. A final decision by the Hearing Panel is anticipated by end of May 2022. |
Asset Management Consents, Schemes |
Waitangi Regional Park |
13. Stage 3 development of the park includes safe vehicle access to the river and two ephemeral wetlands (wet or dry depending on season) on the flat berm area; delivery expected in June-July 2022 by the Regional Projects Team and Works Group. 14. A funding application for infrastructure for cultural events at the marquee site, and to service the proposed toilets at Waitangi Regional Park was submitted to the Tourism Infrastructure Fund (MBIE). Awaiting a response to this application. |
Open Spaces |
Hawea Historical Park / Karamu Stream Diversion |
15. The Hawea Historical Park cultural component of the Draft Management Plan is complete and currently under internal review, with the final management plan to be brought to Council for consideration - implementation by the end of 2022. 16. Stage 3 project delivery includes construction work for widening of the confluence and enhancement work of the old Karamū Stream (flood gate) area, as well as pathway formation within the park and native planting around the carpark. This project is being managed by the Regional Projects team. |
Asset Management Open Spaces, Regional Assets |
Ahuriri tributaries catchment group |
17. Open day to discuss formation of this group at Holt’s Maraetara property. Date to be finalised. |
ICM – Catchments Policy Implementation |
Consenting of all pump stations within schemes |
18. Consent planner has been engaged to work with us to start collecting data required for consent application for all pump stations. The first stage we will be focusing on collecting data on water quality and a fish passage investigation. |
Asset Management Environmental Engineer |
Southern Catchments |
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Project /Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Upper Tukituki Flood Control Scheme |
19. Two contractors are making good progress extracting gravel on the Tukipo and Makaretu. 20. The anticipated release of the next tender has been delayed due to the rain event. Is under internal review – to be released by end of May 2022. 21. Targeted areas require a new survey due to recent flooding, to confirm gravel quantities before sending tenders to market - this is now being progressed by engineering team. 22. Chilean needle grass exemption has been received from the HBRC Biosecurity team, allowing extraction in previously prohibited areas in Waipawa (with some restriction on use of material). This will be in the next tender round. |
Asset Management Regional Projects, Schemes |
Tukituki Land Care (Catchment Group collective) workshop |
23. Second workshop helping to develop formation of this ‘umbrella’ group collective structure for sub-catchment groups will be held 9 June 2022. |
ICM – Catchments Policy Implementation |
Farm Environmental Management Plan (FEMP) |
24. After 31 May any Tukituki FEMPs not reviewed and resubmitted will have details passed to the compliance team for follow up. |
Catchments Policy Implementation & Compliance teams |
Whole of Region |
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Project /Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Erosion Control Scheme |
25. June is the beginning of the planting season. Harvest of our poplar and willow nursery will start, and pole orders will be delivered across the region throughout June and July. 26. Catchment advisors will be supporting/advising landowners to deliver on their erosion control plans. |
ICM – Catchment Delivery |
River flows |
27. Flows continued to be measured and ratings updated across the region as the rivers recede after recent rainfall events. Repairs at Wairoa railway bridge, Marumaru and Wharerangi sites are underway to ensure the network continues to run at full capacity |
ICM – Environmental Information |
Rural professional extension event |
28. Grazing winter crops; covering regulations, intensive winter grazing plan module, catch crops. Date to be confirmed. Currently being planned. |
ICM -Catchments Policy Implementation |
Pan Sector, Primary Sector Group |
29. Third meeting of this group will be scheduled for June with a focus on shared awareness to provide consistent messaging on policy implementation and opportunities for primary sector input to policy development. |
ICM -Catchments Policy Implementation |
3D Aquifer mapping project (SkyTEM) |
30. Processing and modelling of SkyTEM data finalised for the Ruataniwha Plains in May. This marks a significant milestone with processing and modelling now complete for all surveyed areas. Interpretation of these datasets is underway with results expected near the end of the year. |
ICM – Environmental Science |
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 CHB. 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 three 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 Erosion Control Scheme 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. |
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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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. |
16 |
Urban Catchment Plans (Te Karamū Catchment Plan/ Ahuriri Catchment Plan) Will track the development of the Te Karamū and Ahuriri catchment plans, following the appointment of the Catchment Coordinators. |
Title |
Group |
Estimated Start Date |
Tukituki Plan Change Policy Implementation (Land Use Consents) |
Policy & Regulation (Consents) |
Will be reviewed next month |
Clive River Dredging 2030 |
Asset Management (Regional Assets) |
TBC |
On Demand Public Transport (Napier trial) |
Policy & Regulation (Transport) |
TBC |
Enforcement Actions |
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31. There are 11 active prosecutions before the court, at various stages therefore not able to comment publicly on. There are three further investigations in progress likely to lead to prosecution. |
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Date |
Type of Enforcement Action |
Status |
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Oct 2021 |
Burning prohibited items |
Before the court – First appearance |
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Sep 2021 |
Burning prohibited items |
Before the court – First appearance |
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Jun 2021 |
Discharge to land/water |
Before the court – First appearance |
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Apr 2021 |
Contravention enforcement order |
Before the court - order granted |
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Feb 21 |
Discharge to land that may enter water |
Before the court – Plea to be entered |
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Jan 21 |
Discharge to air - odour |
Before the court – Plea to be entered |
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Nov 20 |
Discharge to land that may enter water |
Before the court – awaiting sentencing |
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Jul 20 |
Discharge to land that may enter water |
Before the court – awaiting sentencing |
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Jun 20 |
Discharge to land that may enter water |
Before the court – Plea to be entered |
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Jun 20 |
Discharge to land that may enter water |
Before the court – Not Guilty Plea |
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Mar 20 |
Discharge to land that may enter water |
Before the court – awaiting sentencing |
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Environment Court Proceedings |
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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). |
Mediation continues through 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 – no update since previous report. |
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 June 2022 staff report.
Authored by:
Mell Anderson Project Manager Hill Country Erosion Scheme |
Michael Bassett-Foss Rtrp Project Manager |
Allan Beer Team Leader Biosecurity - Animal Pests |
Sarah Bell Team Leader Strategy & Performance |
Desiree Cull Strategy & Governance Manager |
Peter Davis Manager Environmental Information |
Harry Donnelly Project Engineer |
Ceri Edmonds Manager Policy And Planning |
Russell Engelke Team Leader Open Spaces |
Craig Goodier Principal Engineer |
Martina Groves Manager Regional Assets |
Sandy Haidekker Team Leader Fresh Water & Ecology |
Nathan Heath Area Manager Northern Hawke's Bay |
Gavin Ide Principal Advisor Strategic Planning |
Tim Jones Project Engineer |
Dr Kathleen Kozyniak Principal Scientist (Air) |
Anna Madarasz-Smith Manager Science |
Julie-Anne Mcphee Senior Project Manager |
Malcolm Miller Manager Consents |
Mark Mitchell Team Leader Principal Advisor Biosecurity Biodiversity |
Thomas Petrie Programme Manager Protection & Enhancement Projects |
Brendan Powell Manager Catchments Policy Implementation |
Becky Shanahan Senior Scientist Marine And Coasts |
Mike Signal Team Leader Pollution Response And Enforcement |
Richard Wakelin Senior Catchment Advisor (Policy Implementation) |
Jolene Townshend Acting Manager Catchment Delivery |
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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25 May 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 |
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Leeanne Hooper Governance Team Leader |
James Palmer Chief Executive |
Wednesday 25 May 2022
Subject: Regional Sector Shared Services Council Controlled Organisation verbal submission
Reason for Report
1. This item provides the Regional Council with the submission received from public consultation on whether the Regional Council should participate in a Regional Sector Shared Services Council Controlled Organisation (RSSSCCO). The submission is included in this report.
2. The submitter is scheduled to speak to his submission at 2pm at today’s Council meeting.
Background
3. At the meeting of the Regional Council on 27 April 2022, it was agreed to consult with the public on participating in a Council Controlled Organisation (CCO) to support shared services and collaborative activities in the regional sector.
4. The Statement of Proposal was publicly notified on Friday 29 April 2022. At Council’s request, the consultation was brought forward from the proposed 2 May to give more than 14 clear days of consultation.
5. Notification and subsequent promotion included public notice in the newspaper, media release, social media, an email targeted to relevant organisations and the Regional Council’s website.
6. Consultation closed on Sunday 15 May 2022.
7. Submissions were invited through our online submission form and a downloadable form was also available on the Regional Council website.
8. Overall, the Facebook social media channel sent 3 posts concerning this consultation, resulting in:
8.1. Individuals reached: 1,858
8.2. Post engagements: 43
8.3. Links clicked: 19
9. The question asked was: “Do you support Hawke’s Bay Regional Council participating in a regional sector shared services council-controlled organisation?”
Submission Received
10. One submission was received giving a response of ‘don’t know’ to the proposal.
11. The online submission states:
“Yet again a consultation document about the creation of a CCO has been put out for comment without a full explanation of what the CCO is intended to do. What 'shared services' are you intending to have delivered under the umbrella of this CCO? What 'projects' are you intending to have delivered under the umbrella of this CCO? Whilst I think I understand the intent of what you are trying to achieve, without knowing what 'shared services' and 'projects' that the proposed CCO will be tasked with it is difficult to agree or disagree with your proposal. Personally I have been advised that the implementation of IRIS is proving to be a dogs breakfast. Therefore, I have to wonder what other projects or services can be better provided by sharing them between the Regional Council sector when each council has their own way of doing things to reach the same outcomes. I find it ironic that our local Territorial Authorities arguing against the governments Three Waters proposal due to loss of community of interest yet it appears that HBRC is willing to do the same thing for yet undefined 'shared services' and 'projects'. Much like the comments I made around the Food East proposal this another fail for the content of your consultation document. I expect better.”
12. The submitter, Paul Bailey, indicated he wishes to present his submission in person. He has been allocated 10 minutes to speak and will do so online at 2pm. The 10 minutes includes time for Councillors’ questions.
Next Steps
13. After the conclusion of this meeting, staff will finalise the Deliberation Report for the 1 June 2022 Corporate and Strategic Committee meeting to consider.
Decision Making Process
14. 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:
14.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.
14.2. The persons affected by this decision are those who made written submissions and wish to speak to their submission.
That Hawke’s Bay Regional Council receives and considers the submission on the Regional Sector Shared Services Council Controlled Organisation as presented.
Authored by:
Sarah Bell Team Leader Strategy & Performance |
Desiree Cull Strategy & Governance Manager |
Approved by:
Andrew Siddles Chief Information Officer |
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25 May 2022
Subject: 2020-2021 Annual Report and Summary
Purpose of Agenda Item
1. This item presents the Hawke’s Bay Regional Council Annual Report for the 2020-2021 financial year for Regional Council adoption.
2. This item also presents the 2020-2021 Annual Report Summary for information. The Summary does not require Regional Council adoption but is instead authorised by the Chief Executive.
Officers’ Recommendations
3. Staff recommend that the Regional Council adopts the Annual Report 2020-2021 as attached.
Delay in Adoption of the Annual Report 2020-2021
4. Under the Local Government Act 2020 (the Act), the annual report and summary are statutory requirements and required to be audited by an independent auditor.
5. ‘Legislation’ was passed in July 2021 to extend the statutory deadline for adoption of both the 2020-2021 and 2021-2022 Annual Reports (with 30 June balance dates) by two months due to a severe shortage of auditors. That means that those annual reports must be adopted no later than 31 December in their respective year.
6. Regional Council staff were advised by Audit NZ in December 2021 that the audit of the Regional Council’s 2020-2021 Annual Report would not be completed in time for adoption prior to the Christmas break. The extended delay was due to the Audit NZ technical team review of the ACC contract.
7. An unmodified audit opinion will be issued.
8. Due to the late adoption, a self-disclosure has been included in the Annual Report as required. The Regional Council will be included in the audit statistics reported to central government.
9. A late adoption does not affect our Level of Service Measure related to a clear audited opinion. Interim non-financial and financial results, prior to being audited, have been in the public arena multiple times via committee agendas.
10. Auditing of Hawke’s Bay Regional Investment Company Ltd’s (HBRIC) accounts has been completed and received an unmodified audit opinion.
Background
11. The purposes of the annual report are to:
11.1. compare actual financial and service performance against intended performance as set out in Year 3 of the Long Term Plan 2018-2028
11.2. promote accountability to the community for the decisions made throughout the year by the Regional Council.
12. Schedule 10 of the Act prescribes what must be included in the annual report.
13. The summary must represent, fairly and consistently, the information regarding the major matters dealt with in the annual report. It must not include any new information (not included in the full document) but does offer the opportunity to engage more effectively with the community.
Discussion points
14. The production of the Annual Report 2020-2021 financial information has been a challenging process for staff as the implementation of a new finance system for the whole organisation has taken place at the same time.
15. The Annual Report 2020-2021 includes a significant prior year adjustment. In December 2013, the Regional Council signed a contract with the Accident Compensation Corporation (ACC) to provide immediate investment funds in exchange for the future rental income from the Napier endowment leasehold properties for the 50-year term of the contract. The Regional Council has recognised a provision for the payment of the future rental income in the financial statements since the year ending 30 June 2014.
16. The contract includes two further obligations
16.1. that the Regional Council pays ACC two-thirds of the gain from the sale of the leasehold over and above the future rental income due on that property.
16.2. that the Regional Council pays ACC two-thirds of any excess rent above the minimum rental payments specified in the contract.
17. In the early years of the contract, the portion of the gain paid to ACC was immaterial, but this has evolved over time as the value of the properties has significantly increased leading to higher rents and sale prices
18. In conjunction with the auditors, the accounting treatment of the contract has been entirely reviewed.
19. The potential liability based on the valuation of the Napier property portfolio and the future rental income liability has determined that a financial liability of $21.7 million is required to correctly state the liability to ACC from the probable sale of the remaining leasehold properties.
20. The Regional Council has determined that this adjustment should be recognised in prior periods to meet accounting standards and has restated the 2019-2020 figures accordingly resulting in a $6.3 million reduction in the 2019-2020 surplus and a $2.9 million expense in the current year.
Next steps
21. Following Council adoption, and in line with section 98 of the Local Government Act 2002, both the 2020-2021 Annual Report and the 2020-2021 Annual Report Summary will be made publicly available within one month. Both will be published on Council’s website and a limited number of the Summary Annual Report will be printed.
Decision Making Process
22. The Regional 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:
22.1. That because the Annual Report is a statutory report required to be adopted by Council under Section 98 of the Act, the other decision-making provisions do not apply.
That Hawke’s Bay Regional Council:
1. Receives and notes the 2020-2021 Annual Report and Summary staff report and recommendation from the Finance, Audit and Risk Sub-Committee
2. Adopts the Hawke’s Bay Regional Council 2020-2021 Annual Report for publication.
Authored by:
Sarah Bell Team Leader Strategy & Performance |
Tim Chaplin Senior Group Accountant |
Mandy Sharpe Project Manager |
Desiree Cull Strategy & Governance Manager |
Ross Franklin Finance Consultant |
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Approved by:
Chris Comber Chief Financial Officer |
James Palmer Chief Executive |
1⇨ |
2020-21 HBRC Annual Report |
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Under Separate Cover |
2⇨ |
2020-21 HBRC Annual Report Summary |
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Under Separate Cover |
3 |
Audit Opinion |
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Still to come |
25 May 2022
Subject: LGNZ 2022 Annual Conference and Excellence Awards
Reason for Agenda Item
1. This item confirms the elected representatives who will attend the upcoming 2022 Local Government New Zealand (LGNZ) annual conference and Excellence Awards.
Background
2. The LGNZ conference is scheduled for 20-22 July 2022 in Palmerston North, and the theme is Te Wā Heke Mai, The Future.
3. The conference offers three days to discover what the future for local government might look like and how we get there. Speakers include elected members, strategists, innovators, and iwi to inform and inspire on a broad range of topics spanning economic, environmental, social and cultural wellbeing.
Financial and Resource Implications
4. The costs for attendance at the 2022 LGNZ conference are approximately $1,500 per councillor plus associated travel and accommodation costs, which are within the usual cost parameters.
Decision Making Process
5. 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:
5.1. The decision does not significantly alter the service provision or affect a strategic asset or fall within the definition of Council’s policy on significance.
5.2. The decision is not inconsistent with an existing policy or plan.
5.3. Given the nature of the issue to be considered and decided, Council can exercise its discretion and make this decision without consulting directly with the community.
1. That Hawke’s Bay Regional Council receives and notes the LGNZ 2022 annual Conference and Excellence Awards staff report and confirms that the following councillors will represent the Regional Council at the event. 1.1. Rick Barker 1.2. Charles Lambert 1.3. Hinewai Ormsby 1.4. Martin Williams. |
Authored by: Approved by:
Leeanne Hooper Team Leader Governance |
James Palmer Chief Executive |
25 May 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.
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Seal No. |
Date |
1.1 |
Leasehold Land Sales 1.1.1 Lot 120 DP 10990 CT C1/367 - Agreement for Sale and Purchase
1.1.2 Lot 43 DP 10513 CT E2/429 - Agreement for Sale and Purchase
|
4498
4503 |
13 April 2022
11 May 2022 |
1.2 |
Staff Warrants 1.2.1 A McCall (Delegations under Resource Management Act 1991)
1.2.2 A. Noble P. Gimblett (Delegations under Resource Management Act 1991; Maritime Transport Amendment Act 1994 (Section 33G(a)); Building Act 2004 (Section 371B); Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92) and Local Government Act 2002 (Section 177)
1.2.3 S. Bryant (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908
1.2.4 P. Buell (Delegations under the Maritime Transport Amendment Act 1994 (Section 33G(a)) |
4499
4500 4501
4503
4502 |
26 April 2022
3 May 2022 3 May 2022
16 May 2022
9 May 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 65 remaining on Council’s books
3.2. Two single leasehold properties were sold, with 74 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:
Chris Comber Chief Financial Officer |
James Palmer Chief Executive |
25 May 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 11 May 2022, which was held in Wairoa. This is for Council’s information alongside any additional commentary the Committee Chair, Councillor Hinewai Ormsby, wishes to offer.
Agenda Items
2. The Mahia predator control presentation was delivered by Terence Maru from the Rongomaiwahine Iwi Trust. It covered a variety of projects currently being undertaken, their strategic plan and the future direction of the Trust.
3. The Marae riparian protection works presentation by Katarina Kawana covered awa restoration, fencing, pest control and native nursery projects currently being undertaken. The Wairoa awa restoration project has evolved from concern for the river; its kaupapa is to raise awareness of the environment, the flora and fauna and restoring the mauri of the awa.
4. The Integrated Catchment Management response to recent flood events in Wairoa item provided an update on the activities undertaken by the ICM team in response to the impacts of recent flooding in the Wairoa area including:
4.1. Immediate response taken by HBRC staff during and following the flood event including follow up phone calls made to farmers with a wellbeing focus
4.2. Working closely with the Wairoa District Council which is the lead recovery agency for the event. HBRC will continue to support the coordinated recovery that will be active for many months and years to come once the formal recovery has concluded.
5. The Update on IRG Flood Control Resilience funded projects item updated on the current status of the four projects approved for funding as part of the Crown’s Flood Control Resilience Funding with the Infrastructure Reference Group (IRG).
5.1. Project 1: Heretaunga Plains Flood Control Scheme (HPFCS) Levels of Service - Physical works to strengthen the Taradale stop bank have commenced and are targeted for completion in May 2022. The Moteo upgrade is scheduled to begin this coming winter.
5.2. Project 2: Upper Tukituki Gravel Extraction Flood Control Scheme - gravel extraction has started with the next tender round due in May 2022.
5.3. Project 4: Wairoa River, River Parade erosion – the sheet piling works have been completed but there has been minor damage to the site that will require clean-up prior to landscaping.
6. The River Managers Special Interest Group business case item provided an update on work being undertaken by the regional council sector to obtain ongoing central Government co-investment in flood protection and river management schemes.
7. The Air Quality Compliance with National Environmental Standards for Particulate Matter item presented an assessment of the likelihood that Hawke’s Bay’s urban airsheds and rural towns will be able to consistently meet existing air quality standards, and whether these could comply with the proposed new standards. Implications of the updated World Health Organisation (WHO) air quality objectives and guidelines were also raised, noting:
7.1. Upgraded monitoring instruments will be required in larger towns. Newer/more accurate instruments are being progressively introduced in Napier and Hastings; ultimately replacing the existing ones.
7.2. New air quality standards for Hawke’s Bay communities will be developed through the Kotahi plan change process.
8. The Coastal Bird Survey results item provided a summary of the results of a baseline survey of indigenous bird values along the Hawke’s Bay coastline. Discussions noted:
8.1 A total of 321km of Hawke’s Bay coastline was surveyed in 1km sections and all bird and marine mammal species counted.
8.2 A total of 79 bird species and two marine mammal species were detected during this survey. 57 bird species (72%) are native or endemic to New Zealand, and 28 of these species (35%) are ranked as either Nationally Threatened or At Risk under the New Zealand Threat Classification System.
8.3 Key findings of the survey include that:
8.3.1 Hawke’s Bay supports 16% of the global population of pohowera / banded dotterel
8.3.2 Tūturiwhatu / New Zealand dotterels have experienced a substantial increase in population size and breeding range along the Hawke’s Bay coastline since 2011 due to a successful species recovery plan
8.3.3 Hākoakoa / sooty shearwaters were re-discovered to be breeding on Te Motu-o-Kura /Bare Island.
9. The HBRC Forestry item was deferred.
Decision Making Process
10. 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.
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. Integrated Catchment Management response to recent flood events in Wairoa 1.2. Update on IRG Flood Control Resilience funded projects 1.3. River Managers Special Interest Group business case 1.4. Air Quality Compliance with National Environmental Standards for Particulate Matter 1.5. Coastal Bird Survey results 1.6. HBRC Forestry. |
Authored by:
Annelie Roets Governance Advisor |
Leeanne Hooper Team Leader Governance |
Approved by:
Chris Dolley Group Manager Asset Management |
Iain Maxwell Group Manager Integrated Catchment Management |
25 May 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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