Minutes of A meeting of the Hearings Committee
Date: Friday 16 September 2022
Time: 4.01 pm
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Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Present: M Williams – Chair (virtually)
C Foss (virtually)
H Ormsby (virtually)
R Maaka (virtually)
L Kele (virtually)
In Attendance: M Miller - HBRC
K Brunton – Group Manager Policy & Regulation
P Martin – HBRC Senior Governance Advisor
The Chair welcomed everyone to the meeting and Dr. Roger Maaka opened with a karakia.
There were no apologies offered and no notices to be considered
2. Conflict of Interest Declarations
Chair Cr Martin Williams set out that an employee working at his barristers office had been involved in preparing a submission for Maungaharuru-Tangitū Trust regarding the wastewater discharge at Tangoio.
3. Confirmation of Minutes of the Hearings Committee held on 2 March 2022
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Minutes of the Hearings Committee held on Wednesday, 2 March 2022, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record. CARRIED |
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Appointment of Commissioners for a Hearing Panel to Hear Applications for Wastewater Discharges for a group of properties at Tangoio |
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Malcolm Miller introduced this item and noted: · One submission has been received · Cr Hinewai Ormsby will not participate in the voting on the recommendations |
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That Hearings Committee: 1. Receives and considers the Appointment of Commissioners for a Hearing Panel to hear applications for Wastewater Discharges for a group of properties at Tangoio staff report. 2. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision. 3. Appoints Paul Cooney (Chair) and Cr Hinewai Ormsby as the members of the hearing panel to hear the applications listed in Schedule 1. 4. Confirms that the Commissioners are appointed under section 34A of the RMA and are delegated authority under RMA sections 37, 37A, 39, 39AA, 40 41, 41A, 41B, 41C, 41D, 42, 42A, 103B, 104 -108, 108A, 108AA, 109, and 113 - 115 to hear, consider and decide the applications and submissions. Cr Hinewai Ormsby abstained from voting CARRIED |
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Appointment of a Commission to decide the application for lapse date extension by Water Holdings Hawke's Bay Limited |
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Malcolm Miller introduced this item and discussion highlighted: · One Commissioner is required and this person should be independent from HBRC given the history of the consent involved. The Commissioner being proposed is based outside of the HB region · Dr Roger Maaka abstained from being involved in discussions as he is based in CHB where this matter has been divisive · Two local Councils (other than HBRC) are affected and both are comfortable with the proposed Commissioner appointment. The two Councils have each delegated their authority in this matter to the Commissioner · The Commissioner’s decision will be final (subject to any appeal being lodged) - the decision will not be referred to any of the Councils involved for confirmation · Mr McMahon’s credentials and experience where discussed, particularly relating to the legal matters involved as this is likely to be the most significant issue. There is a lot of case law regarding lapse date extensions |
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That the Hearings Committee: 1. Receives and considers the Appointment of a Commission to decide the application for lapse date extension by Water Holdings Hawke's Bay Limited staff report. 2. Agrees that the decisions to be made are not significant under the criteria contained in Hawke’s Bay Regional Council’s adopted Significance and Engagement Policy, and that the Committee can exercise its discretion and make decisions on this issue in accordance with its Terms of Reference. 3. Appoints Mr David McMahon as Commissioner to decide on the lapse date extension applications for the following resource consents: 3.1. AUTH-120421-02 (LU120370Ca) 3.2. AUTH-120423-02 (WP120371Ma) 3.3. AUTH-120425-02 (LU120372Ca) 3.4. AUTH-120427-02 (WP120373Ta) 3.5. AUTH-120429-02 (LU120374Ca) 3.6. AUTH-120431-02 (WP120375Ta) 3.7. AUTH-120433-02 (LU120376Ca) 3.8. AUTH-120435-02 (LU120377Ca) 3.9. AUTH-120437-02 (LU120378Ca) 3.10. AUTH-120439-02 (DP120379Wa) 3.11. AUTH-120441-02 (LU120380Ca) 3.12. AUTH-120443-02 (DP120381Wa) 3.13. AUTH-120445-02 (LU120382La) 3.14. AUTH-120452-02 (LU120388Pa) 3.15. AUTH-120466-02 (CD120400Da) 3.16. AUTH-121944-01 (LU150332L & WP150357U) 4. Confirms that the Commissioner is appointed under section 34A of the RMA and is delegated authority under RMA sections 37, 37A and 125 to consider and decide the applications. Dr. Roger Maaka abstained from voting CARRIED |
Closure:
Cr Hinewai Ormsby closed the meeting with a karakia
There being no further business the Chair declared the meeting closed at 4.17pm on Friday, 16 September 2022.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................