Meeting of the Hawke's Bay Regional Council
Date: Wednesday 31 August 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 July 2022 and The future of our coastal submissions hearing on 23 August 2022
4. Follow-ups from Previous Regional Council Meetings 3
5. Call for Minor Items Not on the Agenda 9
6. Significant organisational activities looking forward through September 2022 11
Decision Items
7. Deliberations on the future of our coastline 25
8. Report and recommendations from the Corporate and Strategic Committee 45
13. Freshwater Science Charges – Water Holdings HB (late item to follow)
9. Affixing of the Common Seal 51
Information or Performance Monitoring
10. Councillors' Reports from Meetings of Outside Bodies 53
11. Discussion of Minor Items not on the Agenda 55
Decision Items (Public Excluded)
12. Confirmation of Public Excluded Minutes of the Regional Council meeting held on 27 July 2022 57
Wednesday 31 August 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-up Items from previous Regional Council Meetings.
Authored by:
Annelie Roets Governance Advisor |
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Approved by:
James Palmer Chief Executive |
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1⇩ |
Follow-ups for August 2022 Council meeting |
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Wednesday 31 August 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 11:
Topic |
Raised by |
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Leeanne Hooper GOVERNANCE TEAM LEADER |
James Palmer CHIEF EXECUTIVE |
Wednesday 31 August 2022
Subject: Significant organisational activities looking forward through September 2022
Purpose of agenda item
1. The following commentary is for Councillors’ information to highlight significant areas of Council activity. Resources are directed toward various initiatives which reflect the Council’s evolving agenda, and it is important that Council is consistently informed of progress in areas that have created or may create a high external profile.
Project / Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Biodiversity and biosecurity |
1. The Mahia team continues to focus on clearing possum hotspots identified in recent dog surveys. Installation of the wireless leghold network is progressing slowly, with some technical failures being resolved - the final lines are due for completion in August 2022. 2. The Biosecurity team is gearing up for this seasons rook control programme. Depending on when spring turns up we will look at starting the aerial rook control in mid to late September. 3. PCA monitoring has started to slow down due to lambing which is currently at various stages. For continuity of work, Dinneen Environmental Monitoring are going to focus their efforts monitoring the forest blocks that are scheduled for monitoring this season in northern Hawke’s Bay (Wairoa) which will keep the team busy for the next 6 to 8 weeks. 4. During the week of 18 July the vessel that had the marine pest Styela clava was encapsulated and treated. Encapsulation and treatment of the Nelson Quay catwalk also occurred to kill the marine pest Clavelina lepadiformis. 5. The Pest Plant Team is starting to engage with Chilean needle grass landowners about the control season ahead and have been gaining permission from iwi landowners for Pinus contorta control operations in the Rangitaiki and Kaimanawa Management Units. |
ICM – Catchment Services |
Whakakī Freshwater Improvement Fund Project |
6. Construction of the weir is underway, however, changes in the design along with an increase in materials required have caused a delay in the completion of this project. Amended designs have been completed by an independent consultant and are now being reviewed by HBRC and the Whakakī Lake Trust before the construction resumes. Revised completion date - now September. 7. HBRC staff attended two hui on 13/08/22 at Iwitea Marae and Whakakī Marae to provide an update to the community on this process and receive feedback. |
ICM – Catchment Delivery |
Wairoa & Gisborne March Floods |
8. In conjunction with Wairoa District Council, Wairoa Rural Support Trust and MPI, we have organised retired scientist Tom Fraser to speak to our flood-affected rural communities in Ruakituri, Maru Maru and Managapoike about farming systems. Tom is nationally recognised for his work and leadership in developing and promoting pastoral grazing systems for sheep and beef farmers. |
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Southern Catchments |
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Project /Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Upper Tukituki Flood Control Scheme |
21. 11 Tenders have been received for the second tranche of extraction of approximately 430,000m3 spread along approximately six reaches on the Tukituki and Waipawa rivers. Tender evaluation is underway. |
Asset Management Regional Projects, Schemes |
Tukituki catchment group project development |
22. Meeting with O Tamatea Taiwhenua (Roger Maaka) to discuss the Massey University Catchment Solutions Project focused in Tukituki; Porangahau and Maharakeke subcatchments. This is being initiated and organised by Massey University, HBRC as guests – date not confirmed. 23. Project will design and demonstrate and demonstrate novel mitigation measures in these subcatchments. |
ICM – Catchments Policy Implementation and Māori Partnerships |
Whole of Region |
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Project /Activity Description |
Significant Upcoming Milestone(s) |
Group /Team or Section |
Erosion Control Scheme |
24. Catchment advisors continue inspections and signing landowners to commit to further erosion mitigation works. 25. Staff will be visiting Horizon’s poplar and willow pole nursery in Woodville to compare systems and processes looking for potential improvements in the way we work. |
ICM – Catchment Delivery |
Rivers and WQ |
26. Water Information Services - telemetry required to be installed by 03/09/2022 for >20l/s consents and continued efforts to contact customers requiring telemetry installation for water take consents. There has been some push-back from customers who have small takes and don’t understand how they are in the same category of water takes as higher-use consent holders. WIS are educating customers who contact us with concerns or queries. 27. LAWA updates in progress for annual data refresh for River, Lake, Groundwater & ‘Can I Swim Here?’ topics. Data has been provided, and reviews are in progress, referencing outputs generated by the provider. Launch of the data scheduled to be in line with World Rivers Day (25/09/2022). 28. TANK dashboard creation in progress – data side almost complete, web development in progress. 29. Tukituki dashboard refresh underway. Calculations for DIN required to inform whether consents are required in the relevant sub-catchment – data side complete, web development in progress. |
ICM – Environmental Information |
3-yearly State of the Environment Report |
30. The 3-yearly SOE report has been packaged and communicated at several community and governance events. |
ICM – Environmental Science |
Biodiversity and biosecurity |
31. The partial plan review process for making changes to how we manage possums in Hawke’s Bay is underway. Public consultation occured through July; a submissions hearing was held by the Biosecurity Working Party on 17 August 2022. |
ICM – Catchment Services |
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Project/Programme Title |
Schedule |
Risks* |
Budget |
Comment |
Status Change |
1 |
Right Tree Right Place Pilot (RTRP) |
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The approved recalibrated project plan has been completed. Development of a standardised farm plan is underway to assist streamline farm planning activity in alignment with new Freshwater Plan work underway by MPI. MPI has appointed a person to the project team to assist integration with government initiatives and have a funding application approved to support aspects of the project. Tax advice and legal advice is supporting the development of financing models. Initial seedlings were planted on the initial pilot farm in July 2022 as programmed. |
Updated since 27 Jul |
2 |
Regional Water Security Programme: Project 1: Heretaunga Water Storage |
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3rd round geotech drilling completed. This focused on historic landslide feature at the top end of the inundation zone. GNS provided preliminary report on local seismicity, including Mohaka and Patoka faults. On-going liaison with Tonkin and Taylor on this work. Draft Aquatic Ecology and Terrestrial Ecology reports for dam area and surrounds complete. Scope for commercial/operation report, and commissioned procurement options assessment from Damwatch Limited have also been received. Current indications show (subject to discrete additional geotech work) that the proposed site will merit full feasibility investigations. Water Security programme is now firmly entrenched as a component of Kotahi. A decision required about committing to a full feasibility programme during Kotahi plan development. |
Updated since 27 Jul |
Project 2: Managed Aquifer Recharge |
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Cultural Impact Assessment (CIA)- final document received. This is being shared with mana whenua for information and not feedback, given the depth of consultation.The planning consultants are now finalising the phase two consent application which should be lodged by the end of August. Hydrology advisors are proactively reviewing the PDP analysis of the Tranche 2 consent in anticipation of PDP's review of the MAR application. From initial outreach, the CIA has taken 20 months to complete. |
Updated since 27 Jul |
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Project 3: |
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Additional internal resource has provided support in coordinating the final phases of work to complete the report. However, project lead has been unable to allocate enough time to the project to meet end of July deadline. |
Updated since 27 Jul |
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3 |
Water Efficiency Programme Review (Future Water Use) |
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Series of interviews with Commercial water users completed, but to date have only been able to get one meeting with a TLA (HDC). Behind schedule, but the project objective is to identify and build priority business cases that investigate significant water use conservation and efficiency programmes for consideration under the next LTP, so we have time. |
Updated since 27 Jul |
4 |
Ahuriri Regional Park |
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The Joint Committee arrangement between Napier City Council (NCC), HBRC, and Mana Ahuriri Incorporated as been established with decisions to proceed and appointment of members from all three organisations. NCC will host the Joint Committee and employ/contract the project manager. The first meeting of the Joint Committee is scheduled for September. The second half of the calendar year is where budget expenditure will commence. Current risks are availability of project management resources to develop foundation project plan for this significant project. These risks are being managed by NCC. The appointment of the project manager will see the development of project risk assessment as one of the foundation project artifacts. |
Updated since 27 Jul |
5 |
Clifton to Tangoio Coastal Hazards Strategy Implementation |
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The consultation for HBRC taking a lead role in all aspects of the Clifton to Tangoio was undertaken in July. Submission hearings will be on the 23 August. Budget is on track, although around $25k <10% underspent for FY21/22. This was primarily due to the change on consultation from S16 to S82a which is less involved and does not require external audit. Comms and Engagement has been impacted by Covid, as well as community and tangata whenua consultation. Project timeframe remains tight with preparation for S16 Consultation and LTP. Full financials and audit will also be tight with existing resourcing. Comms and Engagement Strategy to be updated and project plan prepared for 2022-2023 looking specifically at requirements for S16 Process and LTP. |
Updated since 27 Jul |
On-demand Public Transport |
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MyWay launched on Tuesday 7 June. Day one patronage met our baseline target, and after one month, it is averaging a 50% patronage increase. Target is a 70% increase, which has been achieved once, but not on yet on average. The wheelchair accessible vehicle has now arrived, meaning the service is operating as intended, with no work arounds. The CX team are now cross training and working with the technology and service providers to smooth out issues as they come across them. Community engagement is ongoing, but the project has now transitioned to BAU. |
No change since 27 Jul |
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Kotahi Plan |
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An All Governors hui was held on 8 July which outlined community engagement collateral, introduced the governors to all the topics in Kotahi and discussed next steps. Governors supported the engagement process. The first phase of community engagement is being promoted as a ‘listening’ phase. The first drop-in session was held in Wairoa on the 28 July. Further events are being planned to ensure a good place-based breadth of community feedback is obtained. Schedule for Community engagement first round is on track. Relationships and contracts with PSGE's are still being worked through, delays in this area are likely. Some risks identified ,such as the impact of local body elections and uncertainty around RMA reform, are outside of the project's control so are therefore accepted. |
Updated since 27 Jul |
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Kotahi: Mohaka Plan Change |
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Mohaka Plan Change will now be reported under Kotahi. |
Updated since 27 Jul |
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8
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TANK Plan Change |
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Still awaiting decision from the Independent Hearings Panel. Extension for the decision approved by the Minister for the Environment requires this to be issued by the 31 August 2022. Potential risk is that the deadline of 31 August is not met. This would result in a professional risk to the organisation, delay in processing of the consents which are currently on hold, and delays to the work programme for Kotahi, in particular relationships in the Heretaunga-Ahuriri catchment. A specific budget was not set for this project at the outset so technically there is no exceedance of the financial budget. However, due to delays and associated ongoing costs for the Commissioners and staff time has meant that resources are unable to be utilised in other areas, such as plan development for Kotahi. |
Updated since 27 Jul |
Tank Plan Implementation |
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Data feeds driving water quality visual icons and ‘Quick Facts’ have undergone further refinement, still awaiting a small number of issues to be resolved with the Science & Data teams. Subcatchment-linked property search algorithm awaits GIS team capacity. Cumulative impact of many minor delays in gaining agreement on reporting protocols, data feeds & GIS solutions, due to a combination of illness, staff capacity constraints & priority given to other projects, especially Kotahi. |
Updated since 27 Jul |
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Farm Environmental Management Plans (FEMPs) |
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There are 47 properties outstanding for a FEMP, 21 with compliance, and 26 with FEMP team. We are currently recruiting an auditor to support finalising auditing process and wider roll out of auditing beyond the testing phase. Still developing 2024 project plan with survey to landowners and providers finalised for distribution early August. No change in schedule, risks or budget due to new FY and next deadline for FEMP resubmissions being May 2024. Schedule is on track for 2024 cycle. Wider roll-out of auditing taking longer to develop and is delayed until recruitment of FEMP Audit Advisor is complete. Impacts of delay will be assessed once Audit Advisor is recruited. This will not impact the schedule of the 2024 resubmissions cycle. |
Updated since 27 Jul |
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Erosion Control Scheme (ECS) Programme (incl. Soil Conservation Nursery & HCEF) |
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This month we have focused on harvesting 17,000 poplar and willow poles and delivering these across the region. Demand exceed supply, so we purchased poles from outside the region. Pole deliveries are on track and Catchment Advisors are starting pole inspections. This year’s ECS budget is $4,186,659. Catchment advisors have committed 37% of this to date, with an additional 15% currently in the pipeline. Potential risks to fully allocating this year’s budgets will be labour and material constraints, and landowners being cautious spending their money in the current financial climate. Re-assessing grant rate to increase subsidy for some erosion mitigations. |
Updated since 27 July |
Partial Pest Plan Review |
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Public consultation was approved and open from 1-31 July 2022. Submissions have been received and recorded. An officer report has been finalised, focusing on key themes of submissions. Hearing schedule has been confirmed and reading for the hearing process on the 17 August 2022. Schedule is currently on track. Public consult phase has now closed with submissions received and recorded. Hearings to take place on the 17 August 2022 with deliberations on 6 September 2022. The present risk/s are timeframe and ensuring that all submissions are recoded correctly to deliver staff report detailing themes around submissions. This process will deliver a smooth hearing and deliberation process. |
Updated since 27 July |
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Flood Control & Drainage Scheme – IRG: Heretaunga Flood Control & Drainage Scheme Levels of Service |
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Ongoing physical works at Taradale despite delays due to weather events. Detailed design for Moteo and Omarunui underway. Deficits in local borrow material identified. Consenting strategy being developed for East Clive. Likely to push construction to 2023-2024 season. Attention on next priority sites to start planning for the 2023-2024 construction season. Recruiting three fixed-term project managers for this programme of work. The Taradale Project is well behind schedule due to 3.5 months of wet days. Three Season two projects are on schedule with East Clive programme reset to incorporate consenting requirements. Taradale Stopbank Project has incurred significant variations associated with the need to source, haul and place additional borrow material, and due to flooding causing damage and silt loss impacting the project budget. |
Updated since 27 July |
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Flood Control & Drainage Scheme – IRG: Upper Tukituki Flood Control Scheme |
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Tendering for the second tranche of sites closes in early August. The second tranche has a combined target extraction volume of approximately 430,000m3 which will see a significant increase in expenditure associated with these contracts in the coming extraction season. The project is underspent in the first season of extraction due to fewer reaches being accessed than the original programme identified, and river levels resulting in the cessation of extraction activities prior to targets being reached. Until the next tranches of tenders are awarded, financial forecasting for season two cannot be confirmed. Two reaches in Tranche 2 contain Chilean Needle Grass Compliance of contractors with extraction consent conditions. |
Updated since 27 July |
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Flood Control & Drainage Scheme – IRG: Wairoa River, River Parade Erosion |
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Planting has been completed. The lime path and fence have been priced but are yet to be completed. Awaiting approval from Wairoa River Board and Wairoa District Council. Behind schedule due to delays as a result of flood damage. Project is under budget. |
Updated since 27 July |
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Revenue & Financing Policy/ Rates Review (incl. Scheme Rating Reviews) |
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The first four workshops have now been completed for stage one with one more workshop to go before being discussed and decisions made at Council. Project is on track to complete stage one before the elections. Currently covered within internal resources. Budget for remainder of project to be reviewed. Major risk is that main knowledge sits with contractors / consultants. This knowledge is being transferred to the new CFO, Finance Manager and GMCS. |
Updated since 27 July |
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Enterprise Asset Management |
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The recruitment of a new EAM project manager is underway. The current Asset Management Group (AMG) restructure has been impacting staff and will continue into August. The temporary absence of a project manager and the lack of easy access to AMG staff for consultation, are significantly impacting project progress. The recent contracting-in of an external Technology One service provider will improve HBRC capability and alleviate some of the ongoing resourcing issues. Exploration and discovery work continues to determine current state which will help determine the size of change required with the introduction of an EAM solution. |
Updated since 27 July |
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15 |
Urban Catchment Plans (Te Karamū Catchment Plan/ Ahuriri Catchment Plan) |
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N/A |
Develop project management plan, identify good examples of an operational urban catchment plan, continue to engage with the community and research urban catchment. This project has no specific operational budget at this time and is a labour cost only. Labour budget us underspent as the Ahuriri Urban Catchment Advisor has not yet been appointed. |
Updated since 27 Jul |
Climate Action Plan |
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We held a scoping meeting with NCC, HDC and HB Airport. Agreed the scope to be emissions reductions for the region and regionalising the national emissions reduction plan. Rough timeline has been established and a paper for Councillors' workshop at end of August is being prepared. Tangata whenua engagement needs to be prioritised. Timeline is being established. Tangata whenua engagement poses a risk to project. We are working to engage immediately with NKII and to present the plan to RPC and Māori Committee in September. We will be asking about representation on the working group from tāngata whenua and community. |
Updated since 27 Jul |
Project Summaries |
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1 |
Right Tree Right Place A pilot on up to five farms with loans offered to landowners to plant trees on marginal land that can earn a return and enhance regenerative farming practices. Run in collaboration with The Nature Conservancy and the Ministry for Primary Industries to accelerate erosion control work and extend the programme to more farms. |
2 |
Regional Water Security Programme Investigating water supply options aiming to ensure Hawke’s Bay has long-term, climate-resilient, and secure supplies of freshwater for all. This supports the Kotahi Plan and includes: 1. exploring above ground, medium-scale water storage options in the Ngaruroro catchment for and on behalf of the community. 2. setting up a Managed Aquifer Recharge (MAR) trial in Central Hawke’s Bay to determine whether MAR is a viable water storage option and can contribute to water security in the area. We will also work with water users to drive more efficient and effective use to complement water storage following the completion of a comprehensive 40-year Regional Water Assessment. |
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 Napier City Council and Mana Ahuriri to redevelop the Lagoon Farm site into a Regional Park to address water quality issues in the Ahuriri Estuary, as well as enhance biodiversity, and cultural and recreational benefits for the community. |
5 |
Clifton to Tangoio Coastal Hazards Strategy Implementation Working in collaboration with coastal communities and local entities for more than eight years to develop the Clifton to Tangoio Coastal Hazards Strategy 2120. We now need to confirm which council or councils will take charge and lead this work, and are undertaking consultation, proposing that HBRC should take charge of coastal hazard adaptation between Clifton and Tangoio, as recommended by an independent Funding Review. This would give the Regional Council the mandate to finalise the Strategy. This includes consulting the community on the full implications of implementation, such as the timing and detailed costs of physical works, and who pays for what through the Long-Term Plan 2024-2034 process. |
6 |
MyWay Hawke’s Bay On-Demand Public Transport (Hastings) Trialling an on-demand public transport service called MyWay Hawke’s Bay as an alternative to some bus routes in Hastings. The trial will extend to some areas in Napier in 2023 if the Hastings pilot is successful. An on-demand service provides a more sustainable transport option by reducing reliance on private cars and is more flexible and responsive to people’s needs. |
7 |
Kotahi Plan Developing a combined resource management plan for the Hawke’s Bay region. It will refresh how we manage the use and protection our natural and physical resources looking at all aspects of the environment. This includes land and freshwater, air, the coastal and marine area, climate change, biodiversity, urban form and development, natural hazards and risks, energy, transport, and infrastructure. Kotahi will combine and update the existing Regional Policy Statement, the Regional Resource Management Plan, and the Regional Coastal Environment Plan into one, while also giving effect to the new policies, planning and technical standards from central government. |
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 Proposed Plan Change 9 (PPC9) framework and to promote catchment group formation. It is a precursor to the overall PPC9 Implementation, the latter contingent on a decision awaited from Hearings Commissioners and any subsequent appeals. |
9 |
Farm Environmental Management Plans (FEMPs) These aim to address environmental outcomes and actions to improve environmental performance on properties over 4 hectares initially within the Tukituki region in three-yearly submission cycles. |
10 |
The Erosion Control Scheme (ECS) ECS is an important tool in our toolbox to improve water quality and mitigate and adapt to climate change. The scheme provides a subsidy to landowners to implement soil conservation measures on highly erodible land, keeping soil on the hills and out of waterways. This includes planting, assisted reversion for getting landcover back to natives, and protection fencing. The fund targets 252,000 hectares of land at high risk of erosion. Hill Country Erosion Fund (HCEF) Is central government funding to support ECS activities and events targeted at educating and supporting staff and landowners, with the reduction of hill country erosion. Soil Conservation Nursery The primary purpose of the nursery is to grow poplar and willow poles for erosion control and are managed primarily for the ECS and Works Group, river control plantings. |
Partial Pest Plan Review A proposal to change the way possum control is undertaken in designated areas in Hawke’s Bay. We will be consulting on amending the Regional Pest Management Plan to change from the current occupier responsibility model to a large-scale contract model delivered through HBRC. After the plan change process, we will consider how to operationalise the policy, including confirming how it is funded, as part of our work in developing our Long-Term Plan (LTP) 2024-2034. The development of our LTP includes community engagement and consultation. In the meantime, HBRC is scaling up possum monitoring to ensure landowners are meeting their current obligations until any changes are rolled out. |
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12 |
Flood Control and Drainage Scheme – IRG
Project 1: Heretaunga Flood Control & Drainage Scheme We are reviewing and upgrading flood protection assets across the Tūtaekurī, Ngaruroro, Lower Tukituki and Clive rivers, to increase flood protection across the scheme from a 1 in 100 to a 1 in 500-year event.
Project 2: Upper Tukituki Flood Control Scheme: Gravel Extraction We are removing gravel from the Upper Tukituki River to improve flood protection in Central Hawke’s Bay. Decreased demand for gravel has seen a build-up of gravel (aggradation). Extracting gravel from the riverbeds helps increase river capacity and reduces the risk of water inundation of neighbouring properties during a flood.
Project 3: Wairoa River, River Parade Erosion We installed sheet piles to protect Wairoa District Council roading and Wairoa River Bridge from further erosion. In winter 2022 we will be planting trees for further protection and to enhance the area and increase biodiversity. |
13 |
Revenue & Financing Policy/ Rates Review (incl. Scheme Rating Reviews) First principles review of our Revenue and Financing Policy, and full review of our rating system. The aim is to improve transparency for who pays what, ensure legal compliance, simplify the Policy and provide more flexibility in applying the Policy. Consultation is planned to take place towards the end of 2023 prior to the next Long Term Plan when the amounts rated for many Council services will likely change. |
14 |
Enterprise Asset Management Aims to embed an Asset Management Information System that 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 improve efficiency, allowing us to confidently identify assets (both spatially and uniquely within a register), manage and maintain our current infrastructure through whole-of-life, and assess risk to determine when changes or additions are required. |
15 |
Urban Catchment Plans (Te Karamu Catchment Plan/ Ahuriri Catchment Plan) Plans will be developed with stakeholders to provide coordination of activities within the Ahuriri and Te Karamū catchments, and identify options to help improve water quality, particularly in relation to land drainage and stormwater management, and to improve biodiversity. |
16 |
Climate Action Plan Developing an inaugural Regional Climate Action Plan by July 2023 with broad community involvement, support and engagement, which will be integrated with the next long-term plans of the region’s councils. The Action Plan will be informed by a greenhouse gas emissions inventory to establish the carbon footprint at the city, district, and regional level - a first for Hawke’s Bay. |
Title: |
Group |
Estimated Start Date |
Tukituki Plan Change Policy Implementation (Land Use Consents) |
Policy & Regulation (Consents) |
Decision pending, whether project tracking is to commence. |
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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32. There are 8 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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Mar 2020 |
Discharge to land that may enter water |
Before the court – defended hearing Oct 2021 |
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Jul 2020 |
Discharge to land that may enter water |
Before the court – defended hearing Feb 2023 |
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Jan 2021 |
Discharge to air - odour |
Before the court – plea to be entered |
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Feb 2021 |
Discharge to land that may enter water |
Before the court – case review hearing Sept 2022 |
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Sep 2021 |
Burning prohibited items |
Before the court – case review hearing Sept 2022 |
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Oct 2021 |
Burning prohibited items |
Before the court – awaiting sentencing |
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Dec 2021 |
Discharge to land that may enter water |
Before the court – plea to be entered |
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Jul 2022 |
Discharge to land that may enter water X2 breach of enforcement order |
Before the court – plea to be entered |
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Decision Making Process
51. 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 September 2022 staff report.
Authored by:
Mell Anderson Project Manager Hill Country Erosion Scheme |
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 & Planning |
Russell Engelke Team Leader Open Spaces |
Craig Goodier Principal Engineer |
Sandy Haidekker Team Leader Fresh Water & Ecology |
Simon Harper Team Leader Hydrology & Groundwater Science |
Nathan Heath Area Manager Northern Hawke's Bay |
Tim Jones Project Engineer |
Jon Kingsford Project Manager |
Dr Kathleen Kozyniak Team Leader Marine Air & Land Science |
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 & Coasts |
Mike Signal Team Leader Pollution Response and Enforcement |
Jolene Townshend Acting Manager Catchment Delivery |
Richard Wakelin Senior Catchment Advisor Policy Implementation |
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Approved by:
Katrina Brunton Group Manager Policy & Regulation |
Chris Dolley Group Manager Asset Management |
Iain Maxwell Group Manager Integrated Catchment Management |
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HAWKE’S BAY REGIONAL COUNCIL
Wednesday 31 August 2022
Subject: Deliberations on the future of our coastline
Reason for Report
1. This deliberations report provides Council with information to assist it to make a decision, in principle, whether Hawke’s Bay Regional Council (HBRC) should take charge of coastal hazard adaptation for the coastline between Clifton and Tangoio. This decision will be subject to confirmation through Council’s Long Term Plan 2024-2034.
2. This report outlines the key themes raised by submitters in their feedback and provides staff analysis of those.
3. Also attached to this report is a position statement provided by the Clifton to Tangoio Coastal Hazards Strategy Joint Committee Chair to inform Council’s deliberations.
Officers’ Recommendations
4. Staff recommend that Councillors consider this report in conjunction with the written and verbal submissions presented to Council at the Hearing on 23 August 2022 and decide whether or not to agree in principle to take charge of adapting to coastal hazards between Clifton and Tangoio, subject to confirmation through its next Long Term Plan.
Background
5. HBRC has been working with the partner councils, mana whenua, coastal communities, and technical experts for more than eight years to develop the Clifton to Tangoio Coastal Hazards Strategy 2021 (the Strategy).
6. All partner councils – Napier City Council, Hastings District Council and HBRC - have legal responsibilities relating to natural hazards and climate adaptation, and these councils have equally and jointly funded the Strategy’s development up to this point.
7. In the absence of clear direction in current legislation, difficult decisions over who should manage and fund the required works, including the ‘public good’ component of adaptive action, have stalled the development of the Strategy. Currently no physical works recommended in the Strategy are budgeted for in any of the partner councils’ Long Term Plans.
8. An independent funding review, commissioned by the partner councils and led by Raynor Asher QC, found that HBRC is best placed to ‘take charge’ of all aspects of adapting to coastal hazards on the Clifton to Tangoio coast. This includes the transfer of all existing coastal assets (such as the rock revetments at Ahuriri and Clifton) to HBRC, to enable coordinated and consistent management along the coast.
9. The review also recommended an advisory committee be established to support HBRC as the lead agency, with the same membership as the existing Coastal Hazards Joint Committee.
10. In May 2022, the partner councils adopted a Memorandum of Transition which supports the recommendations in principle.
11. HBRC taking charge of coastal hazard adaptation for the coastline between Clifton and Tangoio represents a change in the status quo and would be a significant new activity for HBRC. Therefore, HBRC must consult the community and amend its Long Term Plan (LTP) to confirm this outcome.
12. The purpose of seeking the community’s view at this stage was to gauge public sentiment ahead of the formal process and difficult decisions in the future, including funding.
13. At the Regional Council meeting on 29 June 2022, HBRC adopted the consultation document The future of our coastline, agreed to the proposed public consultation period of 1-31 July 2022, and agreed the planned consultation complied with section 82 of the Local Government Act.
14. Staff provided an update on the community feedback to the Clifton to Tangoio Coastal Hazards Strategy Joint Committee on 15 August 2022.
15. A Hearing was held on 23 August 2022 where Councillors heard from six submitters. Councillors received all of the written submissions and social media feedback ahead of the Hearing.
Scope of the Decision
16. The scope of the feedback process was whether HBRC should, in principle, take charge of coastal hazard adaptation for the coastline between Clifton and Tangoio, subject to confirming the proposal through its Long Term Plan.
17. It did not include the content of the Strategy, funding to implement it, or how the rates are proposed to be allocated. If HBRC does take charge, it will be responsible for developing these matters, and consulting on them separately.
18. HBRC sought feedback on the question “Who should take charge of adapting to coastal hazards between Clifton and Tangoio?”.
19. Two options were proposed with a yes/no tick box.
19.1. Option 1: (the preferred option) HBRC takes charge.
19.2. Option 2: (status quo) Continue with coastal hazards managed in various ways by all three councils, with no defined lead agency.
20. The proposal document stated that doing nothing is not an option.
21. Submitters were also invited to give their reasons for why they supported the option they did.
Feedback Process
22. The community feedback process ran from 1 to 31 July 2022.
23. Staff used several platforms to promote the engagement and encourage people to provide feedback. Postcards were delivered to 3,500 households in the Clifton to Tangoio coastal area and to 200 households in Waimārama informing them of the consultation and directing them to the HBRC’s website. There was an online submission form on the website. A submission form was also provided in the online proposal document. That form included details of where to email, post, or hand deliver submission forms.
24. Promotion also included:
24.1. a media release on 1 July 2022
24.2. a public notice in Hawke’s Bay Today on 2 July 2022
24.3. an advert in the July/August 2022 BayBuzz
24.4. digital adverts, social media (Facebook and LinkedIn) and content on HBRC’s website
24.5. the HB Coast e-newsletter.
HBRC’s Facebook social media channel delivered six posts concerning this feedback process, resulting in:
24.6. Impressions (content served): 17,786
24.7. Reach (content seen): 14,402
24.8. Engagement (interactions): 1,023.
25. LinkedIn delivered one post, resulting in:
25.1. Impressions: 522
25.2. Engagement: 9.
26. Staff are confident that the process undertaken is compliant with the requirements under the Local Government Act 2002.
Submissions Received
27. A total of 60 submissions were received. All except two were received through the online submission form.
27.1. The majority of submissions, 52 (87%), supported Option 1: (the preferred option) HBRC takes charge of adapting to coastal hazards between Clifton and Tangoio.
27.2. Six (10%) supported Option 2: (status quo) Continue with coastal hazards managed in various ways by all three councils, with no defined lead agency.
27.3. Two submitters (3%) didn’t support either of the options.
28. The majority of submitters identified themselves on the submission form as being from the Heretaunga-Hastings or Ahuriri-Napier constituencies. The majority of those supported HBRC taking charge. A breakdown of constituencies and options supported is provided below.
Constituency |
Number of submitters |
Number who supported option1 |
Number who supported option 2 |
Number who supported neither options |
Wairoa |
- |
- |
- |
- |
Ahuriri-Napier |
21 |
19 |
1 |
1 |
Heretaunga-Hastings |
28 |
23 |
4 |
1 |
Ngaruroro |
3 |
2 |
1 |
- |
Tamatea-Central Hawke’s Bay |
2 |
2 |
- |
- |
Not sure |
3 |
3 |
- |
- |
Out of region |
3 |
3 |
- |
- |
29. Comments on HBRC Facebook posts were presented at the Hearing but are not considered formal submissions and therefore not part of the analysis.
30. Six submitters spoke at the Hearing on 23 August 2022. They were generally supportive of Option 1. A couple of submitters appreciated the opportunity to provide input on a wide scope. Speakers impressed upon Council the urgency of the situation, uncertainty exists, a desire for innovation, the significant responsibility to protect people and property, and the need to focus on building awareness and education to bring people along on the journey.
31. Submitter #43, representing WOW Inc (Walking on Water), raised concern that the good work of the community panels to develop the Coastal Hazards Strategy has not translated into action on the ground.
32. Submitter #61, representing Forest and Bird, emphasised nature-based solutions as the best method, and the opportunity to integrate Council’s regional planning functions with coastal hazards work.
33. Submitter #12, representing the North Shore Road Residents & Ratepayers Committee, said caution was needed when considering predictions made in Tonkin + Taylor’s recent report, as earlier predictions made in a 2004 report for the North Shore Road erosion zone had not eventuated.
Option 1: (the preferred option) HBRC takes charge of adapting to coastal hazards between Clifton and Tangoio.
Key Themes of Submissions (Option 1)
34. Of the 52 submissions that supported this option, 41 gave additional feedback. Two clear themes emerged of why they supported HBRC taking charge. They are:
Key themes |
Needs to/it makes sense to have one organisation lead this |
It's logical that HBRC takes this role |
Other |
Needs to/it makes sense to have one organisation lead this.
35. Many felt adapting to coastal hazards between Clifton and Tangoio needs to, or it makes sense to have one organisation take charge. Reasons included that this would help in terms of clarifying responsibility, provide accountability, enable a consistent and coordinated approach, help decision making, and greater efficiency.
35.1. Submission #3: “There needs to be 1 clear driver behind this. Too much falls between council boundaries which means they point the finger at each other.”
35.2. Submission #4: “Hawkes Bay needs to take a coherent and cohesive approach to managing these hazards…”
35.3. Submission #8: “Need one council to oversee as currently there are no decisions being made.”
35.4. Submission #33: “One lead agency has clearer accountability and to my mind greater efficiency…”
It's logical that HBRC takes this role.
36. Many commented that they supported option 1 as it was logical that HBRC takes this role. Reasons included that HBRC was best placed to do so, HBRC covers the whole of the coastline, has the rating capability, coastlines are part of HBRC’s role or mandate, HBRC has proven capability, has a bigger and long-game view of climate change impacts, has up-to-date scientific evidence and is better able to acquire the required technical staff, and HBRC is already responsible for many stop banks and flood control schemes.
36.1. Submission #36: “Logical. One council has autonomy to take action. Fits with environmental focus of Regional Council”
36.2. Submission #6: “HBRC is the logical body to take on this role as it covers the whole of the coastline rather than just a portion of it and therefore it can be a truly all of coast response + HBRC has the rating capability to cover all Hawke's Bay ratepayers, and this is an issue which impacts all residents regardless of whether they live directly on the coast…”
36.3. Submission #43: “…HBRC under the current local government structure is the body in Hawke’s Bay best positioned to fund and rate for work related to this implementation…”
Other
37. Some submissions supported option 1 with a proviso or conditionally such as HBRC follows the advice of the external review led by Raynor Asher QC, governance of the Strategy be under the umbrella of HBRC but that it remains independent, and that support for HBRC taking control was only because it’s the only council committed to taking care of our environment.
38. There was some feedback that coastal hazard adaptation was a national issue and that the Government should take charge or provide support. This came through from two submitters who supported Option 1, and one who chose Option 2 and one who didn’t support either option. One submitter commented he would like to see and ensure that HBRC is able to clearly define and communicate how it is working with other councils and government to have a national approach on these issues. This would increase effectiveness and also make sure that the local solutions are not in isolation to national strategies.
38.1. Submission #27: “… There is a third option namely view this as a National problem and emergency. It would make perfect sense for the government to take charge of this and provide infrastructure, management and maintenance…”
Staff Analysis (Option 1)
39. The feedback received under the two themes (Needs to/it makes sense to have one organisation lead this and It's logical that HBRC takes this role) strongly aligns with the advice presented by Raynor Asher QC summarised below:
39.1. Neither the Napier City Council or Hastings District Council has jurisdiction over the coast of the other. In contrast, the coast all falls within the boundaries of the HBRC which provides the most compelling rationale for HBRC to lead; there is no other existing single suitable body with the power to plan for, rate for, manage and implement measures to respond to coastal hazards.
39.2. Analysis of Local Government Act and Resource Management Act plans indicates primacy of the Regional Council in relation to policy on coastal hazards.
39.3. A single agency model is the most practical in terms of efficiency and cost.
39.4. Even with a single agency approach, local interests can be recognised and promoted by members of the HBRC, given that they are elected on a constituency basis; and
39.5. There is a considerable body of experience in the area of coastal hazards in the HBRC, and the work has a connection with flood control.
40. In response to a proposal that three
ratepayer representatives are appointed from the community working group to the
Advisory Committee:
A draft Terms of Reference for the Advisory Committee proposes membership to
consist of 12 members, with Maungaharuru-Tangitū Trust, Mana Ahuriri
Trust, Heretaunga Tamatea Settlement Trust, and the partner councils each to
appoint two members. Currently, only one appointed member from each council
needs to be an elected representative which suggests that there is scope to
accommodate the submitter’s proposal, should the appointing entities
determine to do so at that time. Staff do not consider that amending the draft
Terms of Reference (which is included in the Memorandum of Transition) is
within scope for this consultation process, given that any such amendment would
require agreement from all signatories to the Memorandum. However, and
regardless of the precise makeup of the Advisory Panel when it is formed, staff
consider that a continued close working relationship with affected communities
will be critical to successful Strategy implementation.
41. In response to feedback that coastal
hazard adaption was a national issue and that central government should take
charge or provide support:
This issue has been debated by the Joint Committee a number of times. Ministry
for the Environment has previously undertaken a case study on the Clifton to
Tangoio Coastal Hazards Strategy to explore issues around implementation, and
HBRC has supported a Local Government New Zealand remit on this issue. The
proposed Climate Adaptation Act is expected to clarify the role of central
government in climate change adaptation, but this is not expected (at this
stage) until 2023. The Joint Committee has elected to proceed with developing a
local solution for Hawke’s Bay, while central government policy is
developed.
42. In response to comments about the role
of the Port of Napier in erosion issues at Westshore (in feedback in support of
option 1 and 2):
The Strategy development process has produced a recommended long-term pathway
for Westshore, however, these elements (including funding arrangements) are not
within scope for this feedback process. Any funding decisions taken by HBRC
will follow the process defined by the Local Government Act 2002 and need to be
consulted on through a Long Term Plan process. This legal framework and the
transparency and accountability associated with these processes are considered
to address any actual or perceived conflicts of interest with HBRC’s
ownership of the Port of Napier.
43. A comment was made about the need to also plan for the effects of coastal hazards on other communities in the region, noting Waimārama, Kairakau, and Pourerere/Tuingara as examples. It is recognised that there are coastal hazards issues outside of the Clifton to Tangoio area. The intention is that the Strategy, once confirmed, can provide a model for expanding into other parts of the region.
Option 2: (status quo) Continue with coastal hazards managed in various ways by all three councils, with no defined lead agency.
Key Themes of Submissions (Option 2)
44. Of the six submitters, five gave reasons of why they supported this option. Two preferred to keep coastal hazards management local:
44.1. Submission #55: “We prefer to have local council representatives from Hastings District Council working on our behalf for our local area”.
44.2. Submission #56: “I want the assets of HDC to stay with HDC to continue with the work they have started in our area”.
45. One submitter commented that although he feels it is a regional problem, his preference would be for central government to take over the management of coastal hazards. He said HBRC had not implemented a long-term solution due to a conflict of interest in regards to its ownership of the port, and that HBRC and NCC have “failed big time” in erosion mitigation. One thought district councils will make better decisions balancing cost versus action, and one said HBRC is too political and lacks a practical approach.
Staff Analysis (Option 2)
46. In response to feedback of keeping coastal hazards management local; Mr Asher considered the implications for democratic representation from his recommendation for a single agency, HBRC-led model for Strategy implementation. He noted that regional councillors are elected on a constituency basis, which means that there are specific elected representatives with particular interests in particular parts of the Clifton to Tangoio coast. As a result, in a single agency approach, local interests can be recognised and promoted. The proposed Advisory Committee further supports local representation and input. The asset transfer process is part of the proposal, but subject to a later Asset Transfer Agreement being confirmed. Mr Asher considered that it was appropriate and practical to support the single agency model for future works, by also transferring existing assets to HBRC.
Did not support Option 1 or 2
47. Of the two submitters who didn’t support either option, one provided a reason. This submitter felt that HBRC is better placed than local municipalities to address this, coastal protection should be addressed at a national level and the approach should be consistent across New Zealand.
Strategic Fit
48. This engagement is an important step in progressing the Clifton to Tangoio Coastal Hazards Strategy 2120.
49. The Strategy’s implementation is one of the 24 strategic goals in the Council’s Strategic Plan 2020-2025, contributing to the focus area of sustainable and climate-resilient services and infrastructure: By 2025 the Coastal Hazards Joint Committee is implementing its strategy to manage coastal hazards in Clifton to Tangoio and by 2040 for the rest of the region to adapt to foreseeable climate change risks to coastal communities out to 2100.
Significance and Engagement Policy Assessment
50. Significant involvement and collaboration with coastal communities has been undertaken to date in the development process for the Clifton to Tangoio Coastal Hazards Strategy 2120.
51. Formal consultation will take place in late 2023.
Engagement with Tangata Whenua
52. Tāngata whenua are represented on the Clifton to Tangoio Coastal Hazards Strategy Joint Committee through appointed representatives from Maungaharuru-Tangitū Trust, Mana Ahuriri Trust, and Heretaunga Tamatea Settlement Trust. The Joint Committee was responsible for commissioning the independent funding review led by Raynor Asher QC, and unanimously recommended that the partner councils adopt the reviews findings and recommendations.
53. Wider work under the Strategy development process has had direct participation and input from tāngata whenua through the community panel process. A Mana Whenua Engagement Plan is in place and has been endorsed by HBRC’s Regional Planning Committee and Māori Committee. More recently, and in response to limited engagement occurring under the Mana Whenua Engagement Plan, a Mātauranga Māori Workstream has been established under the Strategy.
Climate Change Considerations
54. The Clifton to Tangoio Coastal Hazards Strategy 2120 is a key component of HBRC’s climate change adaptation work. The stretch of coast between Clifton and Tangoio is the most developed and populated part of the region’s coastline. Important strategic assets include Napier Port, Hawke’s Bay Airport, the railway, State Highway 51, industry, popular recreational spaces, and thousands of homes.
55. The Strategy identifies nine priority units in the Clifton to Tangoio coastal area for immediate focus and recommends adaptive pathways or responses for each priority unit.
56. The Strategy is based on the premise that in many situations any form of coastal defence will only buy time as sea levels continue to rise.
Financial and Resource Implications
57. If HBRC does decide to take charge and lead the Strategy’s implementation, there will be financial and resource implications for:
57.1. Strategy development – HBRC will take primary responsibility to finish developing and consult on the Strategy. However, the partner councils have agreed to continue contributing equally and jointly until HBRC takes on the new activity, which if confirmed following consultation is planned to take effect from 1 July 2024. These costs are within existing budgets, with each council contributing $100,000 per year.
57.2. The transfer of coastal hazard assets – an agreement in principle to transfer specified assets has been established in a Memorandum of Transition. The actual transfer will occur subject to developing and agreeing further detail in an Asset Transfer Agreement. If this is confirmed, Hastings District Council and Napier City Council will transfer the ownership of existing infrastructure assets that manage coastal hazards to HBRC. HBRC will take over responsibility for the assets, such as ongoing maintenance, monitoring, any debt, and collecting associated rates. These costs and funding sources will take effect from the date the assets are transferred, which is proposed to be 1 July 2024.
57.3. Strategy implementation – significant capital and operational funding is needed to implement the proposed works in the Strategy. This includes detailed design, securing and maintaining compliance with resource consents, construction, and ongoing maintenance. These costs and funding sources will be proposed and consulted on as part of the next stage.
Next Steps
58. Should Council decide in principle to take charge of adapting to coastal hazards between Clifton and Tangoio, the next steps include:
58.1. Working with the Clifton to Tangoio Coastal Hazards Strategy Joint Committee to finalise and notify the strategy document for consultation in late 2023.
58.2. The three partner councils sign an Asset Transfer Agreement, including a written undertaking from Napier City Council and Hastings District Council confirming the assets have been constructed, maintained, and monitored in line with all the resource consents, long term plans, and asset management plans.
58.3. HBRC to include final implementation details including funding arrangements in the Long Term Plan 2024-2034.
58.4. Subject to the above steps being successfully completed, the assets are transferred and HBRC takes on the new activity from 1 July 2024.
59. Should Council decide in principle that the situation remain as status quo, coastal hazards will continue to be managed in various ways by all three councils, with no defined lead agency. This submissions process represents an important opportunity to test community views on HBRC’s in-principle decision to accept the advice and recommendations presented in the funding review led by Raynor Asher QC, and to enter into the Memorandum of Transition with Napier City Council and Hastings District Council. The significant majority of submissions received have been in support of this outcome, and staff do not consider that any matters raised in submissions should cause Council to reconsider its position.
Decision Making Process
60. 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:
60.1. This decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.
60.2. The use of a special consultative procedure is prescribed by legislation should Council’s decision be to proceed to take charge of adapting to coastal hazards between Clifton and Tangoio.
60.3. The persons directly affected by this decision are all people with an interest in the region’s management of coastal hazards.
Recommendations
That Hawke’s Bay Regional Council:
1. Receives and considers the Deliberations on The future of our coastline staff report in conjunction with the written and verbal submissions previously received and considered by Council.
2. Agrees in principle to take charge of adapting to coastal hazards between Clifton and Tangoio, subject to confirmation through its Long Term Plan 2024-2034.
or
3. Does not agree in principle to take charge of adapting to coastal hazards between Clifton and Tangoio and continue with the status quo, where coastal hazards are managed in various ways by all three councils, with no defined lead agency.
Authored by:
Sarah Bell Team Leader Strategy & Performance |
Desiree Cull Strategy & Governance Manager |
Drew Broadley Communications & Engagement Manager |
Simon Bendall Coastal Hazards Strategy Project Manager |
Mandy Sharpe Project Manager |
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Approved by:
Chris Dolley Group Manager Asset Management |
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1⇩ |
Future of our Coastline Submissions Feedback |
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2⇩ |
Clifton to Tangoio Coastal Hazards Strategy Joint Committee statement to HBRC August 2022 |
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Clifton to Tangoio Coastal Hazards Strategy Joint Committee statement to HBRC August 2022 |
Attachment 2 |
Wednesday 31 August 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 24 August 2022 and the recommendations agreed to are now presented for Council’s consideration alongside any additional commentary from the Committee Chair, Councillor Neil Kirton, wishes to offer.
Agenda items
2. The Hawke's Bay Regional Council shareholding in the Regional Sector Shared Services Organisation (RSSSO) item provided background and steps required, for Council to become a shareholder of the Regional Sectors Shared Services Organisation:
2.1. Once the current shareholders sign the new Shareholders’ Agreement, the Council can sign the Deed of Accession and be issued a single, fully paid Class A share and become a shareholder of RSSSO and a share price of $1 for 1 Class A Share.
2.2. There are no financial implications to Council at this stage.
3. The 2021-2022 Carry forwards item sought approval from the Corporate and Strategic Committee to carry forward expenditure budgets from 2021-2022 to 2022-2023:
3.1. Carry forwards is a common practice amongst Councils and allows for unspent funds against projects to be moved forward so that projects can be completed.
3.2. A total of $4.032m unspent opex and $9.319m unspent capex is requested to be carried forward into the 2022-2023 budget.
4. The 1 April – 30 June 2022 Financial Report item provided the Committee with draft financial results for the 2021-2022 financial year:
4.1. Council continues to see and experience the impacts of Covid-19 on planning and delivery. Delivery for most levels of service is on track to be achieved but there are impacts on the larger projects.
4.2. The Long Term Plan (LTP) capital work programme will require re-profiling across the remaining 8 years of the 10-year plan horizon to account for changes to project scoping, building internal capability, and shifts in the external operating environment.
4.3. Q4 Groups of Activities operating expenditure was $21m (30% annual opex) and exceeded the Q3 year-end forecast by $3.4m.
4.4. Q4 Corporate and Groups of Activities capital expenditure was $6m (27.9% of annual capital expenditure). This was $4.7m below the Q3 year-end forecast. This reflects ongoing delays across the capital work programme.
4.5. Preliminary results indicate an operating deficit of $2.8m compared to a budget operating surplus of $4m.
4.6. Investment income for the year totalled $7.2m compared to a budgeted figure of $21.6m, 64% below budget.
4.7. Managed funds returned a $9.3m deficit for the year delivering an adverse variance of $15.3m when compared to the expected $6m return. The full-year result shows an additional $5m decline during the final quarter of the financial year reflecting the continued volatility in the World economic markets.
5. The HBRIC Quarterly Update item provided the Committee with a quarterly update on the activities of Hawke’s Bay Regional Investment Company (HBRIC) for the fourth quarter of the 2021-2022 financial year and provided guidance on the outlook for the 2022-2023 financial year:
5.1. In the 10-year period ending 30 June 2022, HBRIC’s net assets have increased from $177m to $369m.
5.2. Napier Port’s expected underlying result from operating activities for the year to 30 September 2022 remains at between $38m and $42m, assuming a continuation of current market conditions.
5.3. The 2021-2022 financial year recorded a reduction in net assets of $76m due to the lower NPHL share price and losses from managed funds. Values had recovered by approx. $42m in mid-August 2022.
5.4. Based on forecast assumptions, HBRIC is able to fund its annual operations and meet Council’s dividend expectations without recourse to borrowings or further drawdowns against overall capital gains within its portfolio. HBRIC remains conscious of the need to proactively optimise its profitability and yield in the current uncertain financial conditions.
6. The Organisational Performance Report for the period 31 March – 30 June 2022 item provided the Organisational Performance Report for the third quarter of the 2021-2022 financial year - from 1 April 2022 to 30 June 2022:
6.1. No significant changes from the previous report.
6.2. This is the last quarterly report for the current year, which is year one of the Long Term Plan 2021-2031.
6.3. Metrics from the new Customer Experience software are being developed for PowerBI and will be incorporated into the dashboard when completed.
6.4. Further improvements, particularly around the Corporate Metrics, will be incorporated when data can be tested and reported with confidence to provide additional information.
7. The 2021-2022 Annual Report – Interim Non-Financial Results item provided the Committee with the interim non-financial results for inclusion in the 2021-2022 Annual Report:
7.1. The Annual Report is due to go to Ernst & Young for auditing in October 2022 and to the Finance, Audit and Risk Subcommittee and Council for recommendation and adoption in December 2022.
8. The Hawke's Bay Tourism Six-Monthly Update item provided HB Tourism’s update on achievements against key performance indicators:
8.1. The financial year was particularly challenging due to further Covid-19 lockdowns, travel restrictions and continued border closures with major events been postponed to later in 2022 or early 2023.
8.2. Hawke’s Bay still managed to maintain market share in a restrictive operating environment.
8.3. In the final stages of developing a visitor strategy for tourism in Hawke’s Bay, ‘our version’ of MBIE’s Destination Management Plan programme. This sets out a future state for the visitor economy and the work programme required to achieve it.
9. The Report from the Finance Audit and Risk Sub-committee meeting item reported on the following matters:
9.1. Continued to see a decline in investment returns over the last quarter, however, the shortfall in investment funds won’t require any additional borrowing because operating expenditure has been lower than forecast due to delays in delivering capital projects.
9.2. 2022-2023 Enterprise Internal Audit Plan: Following discussions with the CE and Group Manager Asset Management, it was agreed that the Asset Management Framework audit would be deferred to 2023-2024
9.3. Data Analytics audit report: No major concerns were identified, and corrective actions have been taken where needed.
10. The Section 36 charges for Water Holdings HB item was the subject of a separate public excluded agenda item at this meeting.
Decision Making Process
11. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
11.1. Given the items were specifically considered by the Corporate and Strategic Committee on 24 August 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.
The Corporate and Strategic Committee recommends that Hawke’s Bay Regional Council:
1. Receives and considers the Report and recommendations from the Corporate and Strategic Committee.
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 issues without conferring directly with the community or persons likely to have an interest in the decision.
Hawke's Bay Regional Council shareholding in the Regional Sector Shared Services Organisation (RSSSO)
3. Notes the approach to shareholding and appointments of directors related to establishing the Regional Sector Shared Services Organisation, and as incorporated into the Shareholders’ Agreement and Constitution.
4. Delegates authority to the CEO to sign the Shareholder’s Agreement - Deed of Accession on behalf of the Council.
2021-2022 Carry Forwards
5. Approves the carry forward of all expenditure requests from the 2021-2022 to the 2022-2023 budget, being:
Operating expenditure carry forward requests
Activity / Project |
Amount Requested |
Source of funds |
||||
General |
Reserve |
External |
Debt |
|||
Integrated Catchment Management (ICM) |
|
|
|
|
|
|
1 |
Biodiversity |
$712,566 |
|
|
$512,566 |
$200,000 |
2 |
Erosion Control Scheme grants |
$324,000 |
|
|
|
$324,000 |
3 |
Predator Free Hawkes Bay |
$82,000 |
$18,224 |
$42,522 |
$21,255 |
|
4 |
Environmental Enhancement Programme |
$293,000 |
$113,543 |
|
$179,457 |
|
5 |
Air quality science |
$10,000 |
$10,000 |
|
|
|
Asset Management |
|
|
|
|
|
|
6 |
Makara Dam |
$100,000 |
$14,099 |
$85,901 |
|
|
Governance & Partnerships |
|
|
|
|
|
|
7 |
Climate change engagement |
$80,000 |
|
$80,000 |
|
|
8 |
Tāngata whenua Partnerships |
$300,000 |
$300,000 |
|
|
|
9 |
Corporate sustainability |
$33,000 |
$33,000 |
|
|
|
Policy & Regulation |
|
|
|
|
|
|
10 |
Kotahi (policy & planning) |
$1,000,000 |
$1,000,000 |
|
|
|
11 |
Enforcement proceeds |
$244,000 |
$244,000 |
|
|
|
Transport |
|
|
|
|
|
|
12 |
On Demand/My way |
$124,388 |
|
$124,388 |
|
|
Other |
|
|
|
|
|
|
13 |
Staff remuneration |
$729,000 |
$729,000 |
|
|
|
Total |
$4,031,954 |
$2,461,866 |
$332,811 |
$713,278 |
$524,000 |
Capital expenditure carry forward requests
Activity / Project |
Amount Requested |
Type of funding |
||
Reserve |
Debt |
|||
Integrated Catchment Management (ICM) |
|
|
|
|
1 |
3D Aquifer mapping |
$294,931 |
|
$294,931 |
2 |
Hydrodynamic modelling |
$25,000 |
|
$25,000 |
3 |
SOE Ground water monitoring drilling |
$176,903 |
|
$176,903 |
4 |
Right Tree Right Place (RTRP) |
$507,000 |
$507,000 |
|
5 |
Ruataniwha ground water model |
$325,877 |
|
$325,877 |
6 |
LiDAR Mapping |
$187,956 |
|
$187,956 |
7 |
Enviro info technical equipment |
$105,000 |
$105,000 |
|
Asset Management |
|
|
|
|
8 |
Clive river dredging |
$100,000 |
$100,000 |
|
9 |
Flood warning system (Mt Misery) |
$50,000 |
|
$50,000 |
10 |
Forestry (Tangoio) |
$30,388 |
$30,388 |
|
11 |
Hawkes Bay Trails/cycleways |
$100,000 |
|
$100,000 |
12 |
Heretaunga Plains flood control scheme (HPFCS) |
$698,687 |
$546,437 |
$152,250 |
13 |
IRG HPFCS |
$1,583,578 |
$1,583,578 |
|
14 |
Regional Parks |
$247,854 |
|
$247,854 |
15 |
Water Security |
$1,745,825 |
$1,745,825 |
|
Corporate Services |
|
|
|
|
16 |
Office renovations |
$1,375,025 |
$70,944 |
$1,304,081 |
17 |
Fleet |
$55,448 |
$55,448 |
|
18 |
Radio network |
$203,686 |
$203,686 |
|
19 |
ICT network & equipment |
$306,340 |
$34,670 |
$271,670 |
20 |
ICT projects |
$1,200,000 |
|
$1,200,000 |
Total |
$9,319,498 |
$4,982,976 |
$4,336,522 |
Reports Received
6. Notes that the following reports were provided to the Corporate and Strategic Committee:
6.1. 1 April – 30 June 2022 Financial Report
6.2. HBRIC Quarterly Update
6.3. Organisational Performance Report for the period 31 March – 30 June 2022
6.4. 2021-2022 Annual Report – Interim Non-Financial Results
6.5. Hawke's Bay Tourism Six-Monthly update
6.6. Report from the Finance Audit and Risk Sub-committee meeting.
Authored by:
Annelie Roets Governance Advisor |
Peter Martin Senior Governance Advisor |
Approved by:
Katrina Brunton Group Manager Policy & Regulation |
Chris Dolley Group Manager Asset Management |
Iain Maxwell Group Manager Integrated Catchment Management |
James Palmer Chief Executive |
Wednesday 31 August 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 |
Staff Warrants
1.1.1 A. Wright (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); Maritime Transport Act 1994 (Section 33G(a) and Local Government Act 2002 (Section 177))
1.1.2 S. Powell (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; Civil Defence Emergency Management Act 2002 (s.86-92) and Local Government Act 2002 (s.177))
1.1.3 T. Rankin D. Zidich-Murrell H. Scott (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; Civil Defence Emergency Management Act 2002 (s.86-92) and Local Government Act 2002 (s.177))
1.1.4 L. Ferris (Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and Local Government Act 2002 (section 177))
|
4511
4510
4512 4513 4514
4515 |
11 August 2022
25 July 2022
11 August 2022 11 August 2022 11 August 2022
15 August 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 64 remaining on Council’s books
3.2. No single leasehold property was sold, with 75 remaining on Council’s books.
Decision Making Criteria
4. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:
4.1 Sections 97 and 88 of the Act do not apply
4.2 Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided
4.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.
That Hawke’s Bay Regional Council:
1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.
2. Confirms the action to affix the Common Seal.
Authored by:
Diane Wisely Executive Assistant |
Ross Franklin Finance Consultant |
Approved by:
James Palmer Chief Executive |
|
Wednesday 31 August 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 |
|
Approved by:
James Palmer Chief Executive |
|
Wednesday 31 August 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 |
|
|
|
|
Wednesday 31 August 2022
Subject: Confirmation of Public Excluded Minutes
That Hawke’s Bay Regional Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 12 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 are:
General subject of the item to be considered |
Reason for passing this resolution |
Grounds under section 48(1) for the passing of the resolution |
Napier Port presentation |
7(2)s7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information 7(2)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. |
Chief Executive Performance and Remuneration Review |
|
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |