Minutes of Regional Council Meeting - Wednesday, 16 November 2022

1. Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone to the meeting.

2. Conflict of interest declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Regional Council meeting held on 26 October 2022

RC97/22

Resolution

Minutes of the Regional Council meeting held on Wednesday, 26 October 2022, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Kirton/van Beek

CARRIED

Adoption of standing orders

The item was taken as read, with questions and discussion covering:

· Reversal of online attendees counted toward quorum as Pandemic Notice lifted. Online attendees would still be able to vote on resolutions.

· Is SO 9.5 added wording in relation to Chair’s recommendation necessary? Same for words added in 22.5. Discretionary clause that may well be worthwhile as a reminder.

· The options for moving and speaking to amendments move from A being most restrictive and option C being the most collaborative.

· Circumstances where a casting vote might be used.

· It was suggested that LGNZ should advocate for attendance via audio-visual link to count toward quorum, particularly for regional councils where some councillors have to travel long distances to get to meetings.

RC98/22

Resolution

2.2. That the chair be given the option to use a casting vote.

Harding/Lambert

For 6: Against 4

1 abstained

CARRIED

That Hawke’s Bay Regional Council:

1. Receives and considers the Adoption of standing orders staff report.

2. Adopts the standing orders as proposed, for the 2022-2025 triennium, and incorporating the following provisions or amendments.

2.1. Removal of amending text from standing orders 9.5 and 22.5.

2.2. That the standing orders enable members to join meetings by audio visual link

2.3. That the chair be given the option to use a casting vote

2.4 That Option C is adopted for speaking to and moving motions and amendments

Williams/Mackintosh

CARRIED unanimously

Proposed HBRC Governance Structure for the 2022-2025 Triennium

James Palmer introduced the item and provided an overview of the Council’s governance arrangements.

RC99/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Proposed HBRC Governance Structure for the 2022-2025 Triennium staff report.

2. Agrees 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. Resolves to adopt voting system B for the election of the committee chairs and deputy chairs as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.

van Beek/Siers

CARRIED

4. Establishes the following committee structure and adopts the Terms of Reference, membership, meeting frequency and Council Executive responsible for each committee as detailed following.

4.1. Environment and Integrated Catchments Committee

4.1.1 Cr Jerf van Beek nominates Cr Sophie Siers for Environment and Integrated Catchments Committee chair, seconded by Cr Will Foley

4.1.2 There being no further nominations, councillor Sophie Siers is appointed Chair of the Environment and Integrated Catchments Committee

4.1.3 Cr Sophie Siers nominates Cr Di Roadley for Environment and Integrated Catchments Committee deputy chair, seconded by Cr Martin Williams

4.1.4 There being no further nominations, Cr Di Roadley is appointed Deputy Chair of the Environment and Integrated Catchments Committee.

4.1.5 adopts the Terms of Reference for the Environment and Integrated Catchments Committee as proposed, being:

The purpose of the Environment and Integrated Catchments Committee (EICC) is to consider and recommend to Council:

Policy

1.1 carbon reduction and climate change adaptation and mitigation policies and strategies developed to guide the establishment of work plans

1.2 policies with regard to Council responsibilities and involvement in flood protection and drainage

1.3 policies with regard to Council’s responsibilities for biosecurity, biodiversity and pest management

1.4 policies, strategies, and by-laws and compliance and enforcement programs relating to maritime and navigational safety under the Maritime Transport Act.

Environmental Monitoring and Research

2.1 environmental monitoring strategies and research and investigation programmes, including the State of the Environment Reports.

2.2 technical reports on the findings of research and investigations into the impact of activities on the receiving environments and recommend to Council the development of new policy frameworks based around such information.

Implementation

3.1 management plans or any similar such documents for the effective implementation of environmental enhancement and improvement programmes of Council.

3.2 all other policy implementation issues of Council.

3.3 To periodically review the effectiveness of Council's non-regulatory resource management operational work programmes within the ambit of the Committee and make recommendations to Council for any changes.

3.4 To assist staff, where appropriate, in identifying a preferred option and/or funding mechanism for Council consideration of biosecurity/ biodiversity initiatives, proposals for new or expansion of existing open spaces and regional parks, and infrastructure asset construction or improvement work; and in promoting the preferred option to the beneficiaries/ community.

Financial Authority

3.5 consideration of possible financial implications of specific initiatives.

Use of Delegated Powers for the Environment & Integrated Catchments Committee

3.6 This Committee may, without confirmation by the local authority that made the delegations, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them, provided that the decision deserves urgency and the decision to make the resolution a decision of Council is carried unanimously.

Members:	· All Councillors being: Hinewai Ormsby, Will Foley, Neil Kirton, Charles Lambert, Jerf van Beek, Martin Williams, Sophie Siers, Di Roadley, Thompson Hokianga, Jock Mackintosh · One appointed member of the Māori Committee, TBC · One appointed member of the Regional Planning Committee, TBC
Chair:	A member of the Committee as elected by the Council being: Councillor Sophie Siers
Deputy Chair:	A member of the Committee as elected by the Council being: Councillor Di Roadley
Meeting Frequency:	Quarterly
Staff Executive:	Group Manager Integrated Catchment Management Group Manager Asset Management

4.2. Corporate and Strategic Committee

4.2.1 Cr Xan Harding nominates Cr Neil Kirton for Corporate and Strategic Committee chair, seconded by Cr Charles Lambert.

4.2.2 There being no further nominations, councillor Neil Kirton is appointed Chair of the Corporate and Strategic Committee.

4.2.3 Cr Neil Kirton nominates Cr Xan Harding for Corporate and Strategic Committee deputy chair, seconded by Cr Jerf van Beek.

4.2.4 There being no further nominations, councillor Xan Harding is appointed Deputy Chair of the Corporate and Strategic Committee.

4.2.5 Terms of Reference as proposed and as follows.

1. The Corporate and Strategic Committee is responsible for recommending actions, responses and changes to Council for:

1.1. Establishing strategic priorities for organisational direction and performance including development of Council’s Strategic Plan

1.2. Development of Council’s Annual and Long Term plans

1.3. Establishing and maintaining strategic external partnerships with the region’s Territorial Local Authorities

1.4. Consideration of resourcing implications of strategic initiatives and significant financial matters

1.5. Corporate Services including information and communication technology, fleet and facilities, marketing and communications

1.6. The effectiveness of Council’s resource consent, compliance monitoring and enforcement activities

1.7. People and Capability management and Health and Safety and Wellbeing

1.8. The strategic direction of Council's investment portfolio and, where appropriate, the sale or acquisition of Council investments.

2. Use of Delegated Powers for the Corporate and Strategic Committee – this committee may, without confirmation by the local authority that made the delegations, exercise or perform them in the same manner and with the same effect as the local authority could itself have exercised or performed them, provided that the decision deserves urgency and the decision to make the resolution a decision of Council is carried unanimously.

Members:	All councillors being: Hinewai Ormsby, Jerf van Beek, Martin Williams, Neil Kirton, Thompson Hokianga, Charles Lambert, Di Roadley, Sophie Siers, Will Foley, Xan Harding and Jock Mackintosh One appointed member of the Māori Committee being __________ One appointed Tangata Whenua member of the Regional Planning Committee being __________
Chair:	A councillor as elected by the Council, being Neil Kirton
Deputy Chair:	A councillor as elected by the Council, being Xan Harding
Meeting Frequency:	Quarterly
Staff Executive:	Chief Executive Group Manager Corporate Services Group Manager Policy & Regulation

4.3. Audit and Risk Sub-committee

4.3.1 Appoints councillors Xan Harding, Jock Mackintosh, Neil Kirton and Thompson Hokianga to the Audit and Risk Sub-committee.

4.3.2 Confirms the appointment of Stephanie Maloy as independent member of the Audit and Risk Sub-committee.

4.3.3 Cr Xan Harding nominates Cr Neil Kirton for Audit and Risk Sub-committee chair, seconded by Cr Martin Williams.

4.3.4 There being no further nominations, councillor Neil Kirton is appointed chair of the Audit and Risk Sub-committee.

4.3.5 Cr Neil Kirton nominates Cr Xan Harding for Audit and Risk Sub-committee deputy chair, seconded by Cr Will Foley.

4.3.6 There being no further nominations, councillor Xan Harding is appointed Deputy Chair of the Audit and Risk Sub-committee.

Ormsby/Williams

CARRIED

4.3.7 Adopts the Audit and Risk Sub-committee Terms of Reference as follows.

1. Purpose

The purpose of the Audit and Risk Sub-committee is to recommend actions, responses and changes to the Corporate and Strategic Committee for:

1.1. appropriate controls to safeguard the Council’s financial and non-financial assets, the integrity of internal and external reporting and accountability arrangements

1.2. the review the Council’s revenue and expenditure policies, amongst others, and the effectiveness of those policies in ensuring limited risk is generated

1.3. assurance on the independence and adequacy of internal and external audit functions

1.4. the robustness of risk management systems, processes and practices

1.5. ensuring Council’s compliance with applicable laws, regulations, standards and best practice guidelines.

2. Specific Responsibilities

The Audit and Risk Committee shall have responsibility and authority to:

2.1. Consider the appropriateness of the Council’s existing accounting policies and principles and any proposed changes

2.2. Satisfy itself that the financial statements and statements of service performance are supported by adequate management sign-off and adequate internal controls

2.3. Confirm that processes are in place to ensure that financial information included in Council’s Annual Report is consistent with the signed financial statements

2.4. Monitor the performance of Council’s investment portfolio, such that any risks identified in the performance against benchmarks and targets are remedied to remain within risk thresholds and performance targets

2.5. Confirm the terms of appointment and engagement of external auditors, including the nature and scope of the audit, timetable, and fees

2.6. Receive the internal and external audit report(s) and review actions to be taken by management on significant issues and recommendations raised within the report(s)

2.7. Enquire of internal and external auditors for any information that affects the quality and clarity of the Council’s financial statements and statements of service performance, and assess whether appropriate action has been taken by management in response to this

2.8. Conduct a Committee members-only session with Audit NZ to discuss any matters that the auditors wish to bring to the Committee’s attention and/or any issues of independence

2.9. Review whether Council management has a current and comprehensive risk management framework and associated procedures for effective identification and management of the council’s significant risks in place

2.10. Undertake periodic monitoring of corporate risk assessment, and the internal controls instituted in response to such risks

2.11. Undertake systematic reviews of Council operational activities against Council stated performance criteria to determine efficiency/effectiveness of delivery of Council services

2.12. Review the effectiveness of the system for monitoring the Council’s compliance with laws (including governance legislation, regulations and associated government policies), Council’s own standards, and best practice guidelines; including health and safety.

3. Accountability

3.1. The Audit and Risk Sub-committee is not delegated to make any decisions unless by specific delegation of Council.

The Audit and Risk Committee is delegated by Council to:

3.2. Obtain external legal or independent professional advice within approved budgets in the satisfaction of its responsibilities and duties

3.3. Secure the attendance at meetings of third parties with relevant experience and expertise as appropriate

3.4. Receive all of the information and documentation needed or requested to fulfill its responsibilities and duties, subject to applicable legislation

3.5. Ensure that recommendations in audit management reports are considered and, if appropriate, actioned by management

3.6. Review the objectives and scope of the internal audit function, and ensure those objectives are aligned with Council’s overall risk management framework

3.7. Assess the performance of the internal audit function, and ensure that the function is adequately resourced and has appropriate authority and standing within Council.

4. Membership

4.1. Up to four members of Council, being: councillors Xan Harding, Jock Mackintosh, Neil Kirton and Thompson Hokianga

4.2. An external appointee, Stephanie Maloy

5. Chairperson

A member of the Sub-committee as appointed by the Council, councillor Neil Kirton.

6. Meeting Frequency

The Committee shall meet twice per year, or as required.

7. Quorum

The quorum at any meeting of the Sub-committee shall be three members.

8. Officers Responsible

8.1. Chief Executive

8.2. Group Manager Corporate Services.

4.4. Māori Committee

4.4.1. Adopts the amended Māori Committee Terms of Reference as follows.

1. The Hawke’s Bay Regional Council Māori Committee has been in existence since the 1990s and has served as a valuable network for the Regional Council. It operates to ensure Māori input to various activities of the Council including active participation in the decision-making processes and the development of sustainable relationships with Māori.

2. The purpose of the Māori Committee is to:

2.1. Actively participate and contribute in the decision-making processes, policy development and other activities of the Hawke’s Bay Regional Council

2.2. Consider ways in which to support the development of Māori capacity to contribute to the decision-making process

2.3. Make recommendations to the Regional Council on matters of relevance affecting the tangata whenua of the Region, and to help fulfil the Māori consultative requirements of the Council particularly with regard to the principles of the Treaty of Waitangi, Local Government Act 2002 and the Resource Management Act 1991.

3. The expectation of the membership is that each Taiwhenua / Executive collective and the Ngāti Kahungunu Iwi Incorporated (NKII) Board representative will engage with their respective constituents.

4. The Chair is to be elected at the first meeting of the Committee of each triennium, from amongst the members of the Māori Committee representing Taiwhenua and the NKII Board. The Chair shall be elected for that term of the Committee but is not precluded from a subsequent term as Chair if so nominated. Two key roles of the Chair will be to:

4.1. preside over meetings of the Committee in accordance with the Hawke’s Bay Regional Council Standing Orders

4.2. manage the nominations and appointments by Taiwhenua / Executive and the NKII Board member to the Māori Committee at the end of each triennium, for re-establishment of the Committee for the next triennium.

5. The Deputy Chair is to be elected at the first meeting of the Committee of each triennium from among the Taiwhenua and NKII Board representative members of the Māori Committee.

Membership

6. The Māori Committee comprises of:

6.1. Twelve representatives appointed by each of the four Ngāti Kahungunu Taiwhenua and Executive in this region

6.2. One member of the Ngāti Kahungunu Iwi Incorporated Board as appointed by the Board, and

6.3. up to four elected members of Hawke’s Bay Regional Council.

Members	*Twelve* representatives nominated for appointment by the Tangata Whenua, plus one Proxy representative nominated to attend in an appointee’s absence, being:
	- to be confirmed - to be confirmed - to be confirmed - to be confirmed	Wairoa Taiwhenua Wairoa Taiwhenua Wairoa Kahungunu Executive Proxy (Kahungunu Executive)
	- to be confirmed - to be confirmed - to be confirmed - to be confirmed	Heretaunga Taiwhenua Heretaunga Taiwhenua Heretaunga Taiwhenua Proxy (Heretaunga Taiwhenua)
	- to be confirmed - to be confirmed - to be confirmed - to be confirmed	Tamatea Taiwhenua Tamatea Taiwhenua Tamatea Taiwhenua Proxy (Tamatea Taiwhenua)
	- to be confirmed - to be confirmed - to be confirmed - to be confirmed	Te Taiwhenua o Te Whanganui-a-Orotū (Napier) Te Taiwhenua o Te Whanganui-a-Orotū (Napier) Te Taiwhenua o Te Whanganui-a-Orotū (Napier) Proxy
	- to be confirmed	Member of the Ngāti Kahungunu Iwi Incorporated Board
	Up to four elected members of the Council, being: Councillors Hinewai Ormsby, Charles Lambert, Will Foley and Martin Williams
Quorum	A majority of members including at least 1 HBRC councillor
Meeting Frequency	Quarterly, with the Committee Chair, in consultation with the HBRC Chief Executive and Te Pou Whakarae, able to arrange additional meetings should the need arise.

Williams/Hokianga

CARRIED

4.4.2. Appoints councillors Hinewai Ormsby, Charles Lambert, Will Foley and Martin Williams as the Council’s representatives on the Māori Committee

4.4.3. Notes that the committee chair and deputy chair will be elected by the members of the Māori Committee from among the NKII and Taiwhenua representatives at its first meeting.

Kirton/Siers

CARRIED

4.5. Regional Planning Committee (RPC)

4.5.1 Confirms the Council’s agreement to the Regional Planning Committee Terms of Reference as follows.

^ These Terms of reference have been written in accordance with the Hawke’s Bay Regional Planning Committee Act 2015 (the Act). There are some matters that are yet to be fully agreed upon and will require further amendment to these Terms of Reference in due course.

1. Introduction

Preamble to the Act

1.1. The Preamble of the Act states:

1.1.1. Discussions between the Crown, the Hawke's Bay Regional Council (the Council), Tūhoe, and tāngata whenua of Hawke's Bay in the context of Treaty settlement negotiations have identified a need for greater tāngata whenua involvement in the management of natural resources in the RPC region:

1.1.2. In the Deed of Settlement dated 17 December 2010 between the Crown and Ngāti Pāhauwera, the Crown committed to establish a committee comprised of an equal number of Council members and representatives of Treaty settlement claimant groups whose role would relate to natural resource planning processes that affect the region, and include drafting and recommending to the Council, plan and policy changes affecting natural resources in the region:

1.1.3. The Deed of Settlement dated 25 May 2013 between the Crown and the Maungaharuru-Tangitū Hapū records that the trustees of the Maungaharuru-Tangitū Trust, the Council, and other Hawke’s Bay iwi and hapū have agreed interim terms of reference for the committee that were adopted by the Council on 14 December 2011.

1.2. Membership of the committee is also recorded as redress in the Deeds of Settlement between:

1.2.1. the trustees of Tūhoe Te Uru Taumata and the Crown dated 4 June 2013; and

1.2.2. the trustees of Te Kōpere o te iwi o Hineuru Trust and the Crown dated 2 April 2015; and

1.2.3. the trustees of the Heretaunga Tamatea Settlement Trust and the Crown dated 26 September 2015; and

1.2.4. the trustees of the Mana Ahuriri Trust and the Crown dated 2 November 2016; and

1.2.5. Tātau Tātau O Te Wairoa and the Crown dated 26 November 2016.

1.3. The Crown has also recognised the need to provide for membership of the committee for Ngāti Ruapani ki Waikaremoana before beginning Treaty Settlement negotiations.

1.4. The Committee has been operating since April 2012. Legislation was required to ensure that the Committee could not be discharged except by unanimous written agreement of the Appointers and to confirm its role and procedures. Accordingly, the legislation was enacted and came into force on 15 August 2015.

1.5. The RPC is a joint committee of the Council deemed to be appointed under Clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.

2. Purpose

Purpose of the HB Regional Planning Committee Act s3(1)

2.1. The purpose of the Act is to improve tāngata whenua involvement in the development and review of documents prepared in accordance with the Resource Management Act 1991 for the Hawke’s Bay region.

Purpose, functions and powers of the RPC s9(1)

2.2. The purpose of the RPC is to oversee the development and review of the RMA Documents prepared in accordance with the RMA for the RPC Region.

3. Procedure

3.1. The Committee is responsible for preparing Proposed Regional Plans and Proposed Regional Policy Statements, or any Plan Changes or Plan Variations, and recommending to the Council the adoption of those documents for public notification, as provided for further in paragraph (4) below. In the event that the Council does not adopt all or any part of any Proposed Regional Plan, Proposed Regional Policy Statement, Plan Change or Plan Variation or other recommendation, the Council shall refer such document or recommendation in its entirety back to the Committee for further consideration, as soon as practicable but not later than two months after receiving a recommendation from the Committee. The Committee must take all steps reasonably necessary to enable the Council to meet any relevant statutory timeframes.

[NOTE – Revision of the ‘refer-back’ procedures is not yet agreed upon so Clause 3 above remains the same as in the previously adopted February 2014 Terms of Reference].

4. Functions and Powers

Functions and powers of RPC s10 (1)-(4)

4.1. The primary function of the RPC is to achieve the purpose of the RPC. In achieving the purpose of the RPC, the committee may:

4.1.1. implement a work programme for the review of the RMA Documents;

4.1.2. oversee consultation on any RMA Document (prior to notification);

4.1.3. consider the RMA Documents and recommend to Council for public notification the content of any draft –

4.1.3.1. change to the regional policy statement or regional plan;

4.1.3.2. proposed regional policy statement or proposed regional plan;

4.1.3.3. variation to a proposed regional policy statement, proposed regional plan, or change.

4.1.4. in accordance with the process outlined in Clause 3.1 of these Terms of Reference, review any documents which the Council may refer back to the RPC for further consideration;

4.1.5. recommend to Council the membership of Hearings Panels, from appropriately trained and eligible commissioners (which may include members of the RPC), to hear and decide upon submissions on proposed RMA Documents;

4.1.6. recommend to Council the scope for the resolution and settlement of appeals on proposed RMA Documents;

4.1.7. when required, recommend to Council that officers be delegated with the authority to resolve and settle any appeals on proposed RMA Documents through formal mediation before New Zealand’s Courts;

4.1.8. monitor the efficiency and effectiveness of provisions of the RMA Documents in accordance with section 35 of the RMA. The monitoring outcomes will be incorporated into a review of the RPC’s work programme if relevant to do so.

4.1.9. perform any other function specified in these Terms of Reference.

4.2. For the purposes of enabling the RPC to carry out its functions, the Council must -

4.2.1. refer all matters referred to in clause 4.1.3 of these Terms of Reference to the RPC; and

4.2.2. provide all necessary documents or other documents to the RPC.

4.3. The RPC has the powers reasonably necessary to carry out its functions in a manner consistent with the Specified Legislation.

5. Membership of RPC

Membership of RPC s11(1)(a)-(i)

The RPC consists of an equal number of Council Members and Tāngata Whenua Members as follows:

5.1. Tāngata Whenua Members:

The following are Tāngata Whenua Members:

5.1.1. 1 member appointed by the trustees of the Maungaharuru-Tangitū Trust:

5.1.2. 1 member appointed by the trustees of the Ngāti Pāhauwera Development Trust:

5.1.3. 1 member appointed by the trustees of Tūhoe Te Uru Taumatua:

5.1.4. 1 member appointed by the trustees of the Ngati Tuwharetoa Hapu Forum Trust:

5.1.5. 1 member appointed by the trustees of Mana Ahuriri Trust:

5.1.6. 1 member appointed by the trustees of Te Kōpere o te iwi o Hineuru Trust:

5.1.7. 1 member appointed by Tātau Tātau o te Wairoa:

5.1.8. 2 members appointed by the trustees of the Heretaunga Tamatea Settlement Trust:

5.1.9. 1 member appointed by the appointer for Ngāti Ruapani ki Waikaremoana.

5.2. Council Members:

Membership of the RPC s11(1)(j)

5.2.1. The Council Members are 10 members appointed by the Council (who must be councillors of the Council holding office and, if there is an insufficient number of councillors, such other persons appointed by the Council in accordance with clause 31(3) of Schedule 7 of the Local Government Act 2002).

5.3. Appointers:

Membership of RPC s11(2)-(5)

5.3.1. When making an appointment of a member to the RPC, an Appointer must notify the RPC in writing of such an appointment and provide a copy of the notice to all other Appointers as soon as is reasonably practicable.

5.3.2. If a Tāngata Whenua Appointer fails to appoint a Tāngata Whenua Member in accordance with the Act, then the number of Council Members on the RPC eligible for voting is reduced proportionately until an appointment is made to ensure that the RPC consists of an equal number of Tāngata Whenua Members and Council Members.

5.3.3. If a Tāngata Whenua Member fails to attend 3 out of any 5 consecutive meetings of the RPC without the prior written agreement of all other members,

5.3.3.1. the Tāngata Whenua Member’s appointment is deemed to be discharged; and

5.3.3.2. the number of Council Members on the RPC eligible for voting is reduced proportionately until a replacement Member is appointed by the relevant Tāngata Whenua Appointer.

5.3.4. To avoid doubt, a Tāngata Whenua Member is not, by virtue of the person’s membership of the RPC, a member of the Council.

[NOTE: clauses relating to a process for how to reduce and reinstate equal numbers of Council members is yet to be agreed upon]

6. Term of Appointment

Schedule; further provisions relating to RPC clause 1(1)-(3)

6.1. Subject to the Act:

6.1.1. a Tāngata Whenua Member is appointed to the RPC for the period specified by the relevant Tāngata Whenua Appointer:

6.1.2. a Council Member is appointed to the RPC for a term commencing with the first meeting of the Council after the triennial general election of members of a local authority under the Local Electoral Act 2001 and ending with the close of the day before the next triennial general election.

6.2. However, if a Council Member is appointed after the date of the first meeting of the Council referred to in Clause 6.1.2 of these Terms of Reference, the member is appointed from that date until the close of the day before the next triennial general election.

6.3. To avoid doubt, the appointment of a Tāngata Whenua Member is not affected by the triennial general election of members of a local authority under the Local Electoral Act 2001.

7. Discharge of membership

Schedule; Further provisions relating to RPC clause 2

7.1. A Member may be discharged by that member’s Appointer.

7.2. If Clause 7.1 of these Terms of Reference applies, the Member’s Appointer must, within 10 working days after the date on which the Member was discharged –

7.2.1. notify the RPC in writing that the Member has been discharged; and

7.2.2. provide a copy of the notice to all other Appointers.

8. Resignation of membership

Schedule; Further provisions relating to RPC clause 3

8.1. A Tāngata Whenua Member may resign by giving written notice to that person’s Appointer.

8.2. A Tāngata Whenua Appointer must, on receiving a notice given under Clause 8.1 of these Terms of Reference, forward a copy of the notice to the RPC and the Chief Executive of the Council.

9. Vacancies

Schedule; Further provisions relating to RPC clause 4

9.1. If a vacancy occurs on the RPC, the relevant Appointer must fill the vacancy as soon as is reasonably practicable.

9.2. A vacancy does not prevent the RPC from continuing to perform its functions or exercise its powers.

10. Co-chairpersons and deputy co-chairpersons

Schedule; Further provisions relating to RPC clause 5(1) - (5)

10.1. The RPC has the following Co-chairpersons:

10.1.1. 1 Member appointed by the Tāngata Whenua Members:

10.1.2. 1 Member appointed by the Council Members.

10.2. Each Co-chairperson must be elected at or before the first meeting of the RPC following the triennial general election of members of a local authority under Local Electoral Act 2001.

10.3. Each Co-Chairperson is to preside at meetings of the RPC on a pre-arranged basis.

10.4. The Co-chairpersons may deputise for each other at meetings of the RPC.

10.5. The Co-Chairpersons’ role includes working with the Chief Executive and Group Managers of the Council to ensure that the RPC is able to fulfil its purpose and perform its functions, including but not limited to quarterly meetings between the Chief Executive and Co-chairpersons to monitor progress.

10.6. The Tāngata Whenua Members may appoint a deputy Co-chairperson and the Council Members may appoint a deputy Co-chairperson.

10.7. The deputy Co-Chairpersons’ role is to help their respective Co-chairperson to fulfil the role of Co-chairperson and to deputise for that Co-chairperson at meetings of the RPC or other meetings in the absence of that Co-chairperson.

10.8. Those persons appointed to the position of Co-chairperson or deputy Co-chairperson shall hold their position until death, resignation, removal^{^[1]} or appointment of their successor in accordance with these Terms of Reference, whichever shall occur first.

10.9. A Co-chairperson or deputy Co-chairperson may be appointed or discharged in accordance with these Terms of Reference.

11. Quorum

11.1. The quorum of a meeting of the RPC shall be 75% of the Members of the RPC.

[NOTE – Notwithstanding this Clause, the quorum threshold is one matter that is within scope of the first statutory review of the RPC’s performance. The Act does not specify a quorum threshold, but does require the TOR to specify what the quorum is. The RPC is yet to agree on a quorum figure consequently the 75% threshold is carried over from the RPC’s Feb 2014 Term of Reference.]

12. Decision-making

Schedule; Further provisions relating to RPC clause 7

12.1. The decisions of the RPC must be made by vote at meetings in accordance with these Terms of Reference.

12.2. Best endeavours will be made to achieve decisions on a consensus basis, or failing consensus, the agreement of 80% of the RPC Members present and eligible to vote will be required.

[NOTE – Notwithstanding Clause 12.2, the voting threshold is one matter that is within scope of the first statutory review of the RPC’s performance. The Act does not specify a voting threshold. The RPC is yet to agree on what decision-making looks like on some or all of its functions when consensus is not achieved. Consequently the 80% threshold is carried over from the RPC’s Feb 2014 Term of Reference.]

12.3. All members of the RPC have full speaking rights.

12.4. Where voting is required, all Members of the RPC have voting entitlements, except in circumstances referred to in Clause 5.3.2 of these Terms of Reference.

12.5. Any Member who is chairing a meeting of the RPC may vote on any matter but does NOT have a casting vote.

13. Recommendations and refer-back procedure

[NOTE – Notwithstanding Clause 3 of these Terms of Reference, further terms for the RPC’s recommendations and refer-back procedure are yet to be agreed upon]

14. Standing Orders

Schedule; Further provisions relating to RPC clause 6

14.1. The Council’s standing orders as adopted on 30 November 2016 shall apply until the RPC adopts a set of standing orders for the operation of the RPC or amends the standing orders as referred to in Clause 14.3 of these Terms of Reference.

[NOTE – The RPC has yet to agree and adopt a set of Standing Orders for its own activities since the Act came into effect in August 2015].

14.2. The standing orders adopted by the RPC must not contravene –

14.2.1. the Hawke's Bay Regional Planning Committee Act 2015; or

14.2.2. these Terms of Reference; or

14.2.3. Tikanga Māori; or

14.2.4. subject to Clause 14.2.1 of these Terms of Reference, the local government legislation or any other enactment.

14.3. The RPC may amend the standing orders at any time.

14.4. Every Member of the RPC must comply with the standing orders of the RPC.

14.5. Where standing orders conflict with these Terms of Reference, the Terms of Reference prevail.

15. Conflict of interest

Schedule; Further provisions relating to RPC clause 9

15.1. Each Member of the RPC must disclose any actual or potential interest to the RPC.

15.2. The RPC must maintain an interests register.

15.3. A Member of the RPC is not precluded by the Local Authorities (Members’ Interests) Act 1968 from discussing or voting on a matter merely because –

15.3.1. the Member is a member of an iwi or a hapū; or

15.3.2. the economic, social, cultural, and spiritual values of an iwi or a hapū and their relationship with the RPC are advanced by or reflected in –

15.3.2.1. the subject matter under consideration; or

15.3.2.2. any decision by or recommendation of the RPC; or

15.3.2.3. participation in the matter by the Member.

16. Meeting Frequency and Notice

16.1. Meetings of the RPC shall be held as required in order to achieve the RMA Documents review and development work programme.

16.2. Notice of ordinary meetings will be given well in advance in writing to all RPC Members, and not later than 1 month prior to the meeting.

17. Costs of administering and operating the RPC

Terms of Reference of RPC s12(1)(d)

17.1. The costs of administering and operating the RPC will be met by the Council, including—

17.1.1. the costs of any advice required by the RPC; and

17.1.2. remuneration of Tāngata Whenua Members, the Tāngata Whenua Co-Chairperson and the Tāngata Whenua Deputy Co-Chairperson for their services to the RPC and reimbursement of their expenses.

17.1.3. the level of remuneration shall be determined promptly following the triennial election of members of a local authority by two independent persons (Independents), one of which shall be appointed by the Council Co-Chairperson, and the other by the Tāngata Whenua Co-Chairperson.

17.1.4. The Independents must have regard to the following matters when determining the level of remuneration for Tāngata Whenua Members:

17.1.4.1. the need to minimise the potential for certain types of remuneration to distort the behaviour of the Tāngata Whenua Members, the Tāngata Whenua Co-Chairperson, and the Tāngata Whenua Deputy Co-chairperson in relation to their respective positions on the RPC;

17.1.4.2. the need to achieve and maintain relativity with the levels of remuneration received by elected representatives in RMA policy development roles; and

17.1.4.3. the need to be fair both:

17.1.4.3.1. to the persons whose remuneration is being determined; and

17.1.4.3.2. to ratepayers; and

17.1.4.4. the need to attract and retain competent persons.

17.1.5. If the Independents cannot agree on the level of remuneration for Tāngata Whenua Members, the dispute resolution procedure in Clause 15 of these Terms of Reference applies.

18. Review and Amendment of these Terms of Reference

Reporting and review by RPC, Schedule clause 10

18.1. Appointers –

18.1.1. must, no later than 16 September 2018, undertake a review of the performance of the RPC; and

18.1.2. may undertake any subsequent review of the RPC at a time agreed by all Appointers, and in any event, at least every three years.

18.2. Appointers may, following a review, make recommendations to the RPC on relevant matters arising from the review.

18.3. These Terms of Reference must be consistent with the Specified Legislation.

18.4. In the event of an inconsistency between the obligations of the Council under these Terms of Reference and its obligations under the Specified Legislation, the Specified Legislation prevails.

18.5. The Council Members or Tāngata Whenua Members may request changes to the Terms of Reference.

18.6. These Terms of Reference may be amended by the written unanimous agreement of the Appointers.

19. Technical and administrative support

Schedule; Further provisions relating to RPC clause 12

19.1. The Council must provide technical and administrative support to the RPC in the performance of its functions.

19.2. The RPC will have full access to Council staff, through the relevant Group Managers, to provide any technical and administrative support in the performance of its functions.

19.3. Reports provided to the RPC must also include information and advice that is culturally relevant and appropriate and ensures that the RPC complies with its obligations relating to Māori under the Specified Legislation.

20. Dispute resolution

Terms of Reference of RPC s12(1)(c)

[NOTE – This clause is yet to be agreed upon by RPC members]

21. Service of Notice

Schedule; Service of notices clause 11

21.1. A notice sent to a person in accordance with these Terms of Reference must be treated as having been received by that person, if the notice is sent –

21.1.1. by post, at the time it would have been delivered in the ordinary course of post;

21.1.2. by email or fax, at the time of transmission.

21.2. A notice required to be given by these Terms of Reference is not invalid because a copy of it has not been given to any or all of the persons concerned.

21.3. Any notices relating to these Terms of Reference will be deemed to be validly given if posted, or forwarded by facsimile transmission, or emailed to the addresses set out in Appendix Two or to any other address that an Appointer may designate by notice to the other Appointers.

22. Terms of Reference Interim

22.1. These Terms of Reference are interim only until amended by legislation enacted to give effect to agreements reached in respect of the Permanent Committee.

23. Officers Responsible

23.1. Chief Executive of Hawke’s Bay Regional Council and his/her delegated officers and Hawke’s Bay Regional Council Te Pou Whakarae.

Appendix One - Glossary

For the purposes of these Terms of Reference, the following terms and their definitions apply:

Appointer	Means – (a) A Tāngata Whenua Appointer: (b) The Council.
Council Member	Means a member of the RPC appointed by the Council under section 11(1)(j) of the Act.
Hearings Panel	Is a panel appointed to hear public submissions on any RMA Document. It may be made up of any number of people, and may include RPC Members, independent commissioners, or a mix of the two.
Members	In relation to the RPC, means each Tāngata Whenua Member and each Council Member.
Proposed Regional Plan	Has the same meaning as in section 43AAC of the RMA.
Regional Coastal Environment Plan	Is a combined regional plan for the Hawke's Bay coastal environment, including the coastal marine area of the RPC Region.
Regional Plan	Has the same meaning as in section 43AA of the RMA.
Regional Policy Statement	Has the same meaning as in section 43AA of the RMA.
Regional Resource Management Plan	Is a combined planning document including the Regional Policy Statement for the RPC Region and regional plan for those parts of the RPC Region not within the coastal environment.
RMA	Resource Management Act 1991 and subsequent amendments.
RMA Document (s4(1) and (2) of the Act)	Any of the following documents required under the RMA in relation to the RPC region: (a) regional policy statement or proposed regional policy statement: (b) regional plan or proposed regional plan: (c) change to a regional policy statement or regional plan: (d) variation to a proposed regional policy statement or a proposed regional plan.
RPC	Regional Planning Committee.
RPC Region (s4 of the Act)	Has the same meaning as Hawke's Bay Region in clause 3 of the Local Government (Hawke's Bay Region) Reorganisation Order 1989 (13 June 1989) 99 New Zealand Gazette at 2334.
Specified Legislation (s4 of the Act)	Means: (a) the Act; (b) the Local Government Act 2002; (c) the Local Government Official Information and Meetings Act 1987; (d) the Local Authorities (Members’ Interests) Act 1968; and (e) the relevant provisions of the RMA.
Tangata Whenua Appointer	(a) Tāngata Whenua Appointer, subject to section 5 (Definition of Tāngata Whenua appointer modified if the Crown approves governance entity or recognises mandated body) of the Act, means- (i) the trustees of the Maungaharuru-Tangitū Trust, on behalf of the Maungaharuru-Tangitū Hapū: (ii) the trustees of the Ngāti Pāhauwera Development Trust, on behalf of Ngāti Pāhauwera: (iii) the trustees of Tūhoe Te Uru Taumatua, on behalf of Tūhoe: (iv) the trustees of Ngati Tuwharetoa Hapu Forum Trust, on behalf of Ngāti Tūwharetoa: (v) the trustees of Mana Ahuriri Trust, on behalf of the Mana Ahuriri hapū: (vi) the trustees of Te Kōpere o te iwi o Hineuru Trust, on behalf of Ngāti Hineuru: (vii) Te Tira Whakaemi o Te Wairoa, on behalf of Wairoa iwi and hapū: (viii) the trustees of the Heretaunga Tamatea Settlement Trust, on behalf of the hapū of Heretaunga and Tamatea: and (ix) the appointer for Ngāti Ruapani ki Waikaremoana, on behalf of Ngāti Ruapani ki Waikaremoana; and (b) Includes, in relation to a Tāngata Whenua Appointer that is a governance entity, a delegate of, or a successor to, that Appointer if the delegation or succession complies with the requirements of the governance document of the Appointer.
Tāngata Whenua Member	Means a Member of the RPC appointed under section 11(1)(a) to (i) of the Act.
The Act	Means the Hawke's Bay Regional Planning Committee Act 2015.
The Council	Means the Hawke’s Bay Regional Council.

4.5.2 Defers the appointment of councillors, and the election of councillor Co-chair and Deputy Co-chair to a future Regional Council meeting to be held prior to the 15 February 2023 meeting of the Regional Planning Committee.

4.5.3 Notes that the Post Settlement Governance Entity tangata whenua appointees and the tangata whenua elected co-chair and deputy co-chair for the RPC will be confirmed at the first RPC meeting scheduled 15 February 2023, if not before.

Foley/Williams

CARRIED

4.6. Tenders Committee

4.6.1 Confirms that the Committee membership is made up of Cr Sophie Siers as Chairperson of the Environment and Integrated Catchments Committee, Councillor Neil Kirton as Chairperson of the Corporate and Strategic Committee, the Chair of Council, Hinewai Ormsby and Deputy Chair of Council Will Foley.

4.6.2. Adopts the Terms of Reference for the Tenders Committee, being:

The purpose of the Tenders Committee is to:

1. Consider and accept tenders which exceed the delegated authority of the Chief Executive.

2. Consider and decide on exemptions to Council’s Contracts and Tenders policy.

Members:	The Chair of the Council being: Hinewai Ormsby The Deputy Chairman of the Council being: Will Foley The Chairs of the Corporate & Strategic and Environment & Integrated Catchment committees, being councillors Neil Kirton and Sophie Siers
Chairperson:	Chair of the Council being: Hinewai Ormsby
Meeting Frequency:	As required
Staff Executive:	Chief Executive Group Manager as relevant

Hokianga/Williams

CARRIED

4.7. Regional Transport Committee (RTC)

4.7.1. Adopts the amended Terms of Reference as follows.

The purpose of the Regional Transport Committee is to:

1. Prepare the Regional Land Transport Plan (RLTP) and any significant variation to the RLTP for adoption by the Regional Council, in accordance with the Land Transport Management Act 2003.

2. Prepare the Regional Public Transport Plan (RPTP) for adoption by the Regional Council, in accordance with the Land Transport Management Act 2003.

3. Monitor the implementation of the Regional Land Transport Plan and the Regional Public Transport Plan.

4. Adopt a policy that determines significance in respect of:

4.1. variations made to regional land transport plans under section 18D of the Land Transport Management Act 2003, and

4.2. the activities that are included in the regional land transport plan under section 16 of the Land Transport Management Act 2003.

5. Plan and advocate for emissions reductions through multi modal activities.

6. Promote and plan for active transport in the region.

7. Provide advocacy on strategic regional and inter-regional transport matters to Central Government and other key stakeholders as appropriate.

8. Make recommendations in support of land transport activities that are eligible for national funding and align with the regional land transport plan.

9. Approve submissions to Central Government, local authorities and other agencies on Regional Transport Committee matters.

10. Monitor and provide advocacy on regional road safety matters.

11. Monitor passenger transport objectives and make recommendations to the Regional Council on public transport policies.

12. Provide the Regional Council with any advice and assistance it may request in relation to its transport responsibilities.

Members	Voting Members Two elected members of the Regional Council, being councillors Martin Williams and Jerf van Beek One representative and one alternate, appointed by each of the following organisations, being: Wairoa District Council: ___, and ___ as alternate Hastings District Council: ___, and ___ as alternate Napier City Council: ___, and ___ alternate Central Hawke's Bay District Council: ___, and ___ as alternate New Zealand Transport Agency, being Linda Stewart and Sarah Downs as alternate
	Advisory Members (non- voting) New Zealand Police (representing road safety), being Matthew Broderick Automobile Association (representing access and mobility, including private motorists, pedestrians, cyclists and public transport users), being Paul Michaelsen Port of Napier – representing the Port and coastal shipping- Nick Ganivet KiwiRail (representing rail issues) to be confirmed Road Transport Association NZ (representing the road transport industry) being Ian Emmerson HBRC Māori Committee (representing cultural and environmental interests) to be confirmed Health sector representative to be confirmed HB Regional Active Transport Committee (name to be confirmed) representing active transport, to be confirmed
Chair	One Regional Council elected member, being Martin Williams
Deputy Chair	One Regional Council elected member, being Jerf van Beek
Quorum	Majority of voting members (4)
Voting	In accordance with section 105(7) of the Land Transport Management Act, at any meeting of the RTC, the Chairperson, or any other legislated person presiding at the meeting: (a) has a deliberative vote and (b) in the case of an equality of votes, does *not* have a casting vote (and therefore the act or question is defeated and the status quo is preserved). Regional Council, Territorial Authority and NZ Transport Agency representative members have full speaking and voting rights on all matters
Advisory Members	The role of advisory members is to: Provide advice to the Regional Transport Committee on matters pertaining to their advisory portfolios, when requested by the Chair Report on relevant activities or events pertaining to their advisory portfolios. Advisory members have full speaking rights on all matters, but no voting rights.
Meeting Frequency	Quarterly, or as required
Staff Executive	Group Manager Policy & Regulation and Transport Manager
Technical Advisory Group (TAG)	The Transport Committee considers advice relating to strategic transport issues from a Technical Advisory Group (TAG), generally comprising roading and infrastructural planning officers from NZTA and the Territorial Authorities, and chaired by the HBRC Transport Manager. TAG members may attend RTC meetings and may provide advice at meetings when invited to do so by the Chair, but do not vote.

Williams/van Beek

CARRIED

4.7.2. Appoints councillors Martin Williams and Jerf van Beek to the Regional Transport Committee.

4.7.3. Cr Jerf van Beek nominates Cr Martin Williams for Regional Transport Committee chair, seconded by Cr Xan Harding.

4.7.4. Cr Martin Williams nominates Cr Jerf van Beek for Regional Transport Committee deputy chair, seconded by Cr Jock Mackintosh.

4.7.5. There being no further nominations, councillor Martin Williams is appointed Chair and councillor Jerf van Beek is appointed Deputy Chair of the Regional Transport Committee.

4.8. Hearings Committee establishment, membership and terms of reference decisions are deferred to a future Regional Council meeting.

Ormsby/Williams

CARRIED

4.9. All Governors Forum

4.9.1. Adopts the All Governors Forum Statement of Purpose as amended, being:

Statement of Purpose

1. The purpose of the All Governors Forum is to enhance the role of governors in the Kotahi plan development.

2. It is a forum to bring together members of the Māori Committee, Regional Planning Committee and the Regional Council to workshop the same information at the same time and to discuss policy setting and ratify the Kotahi Plan through the various stages of the process in a collaborative manner.

3. It recognises that both the Māori Committee and the Regional Planning Committee are essential to the success of both the engagement and decision-making required to support the Kotahi Plan development.

4. It retains the integrity of each Committee as its own entity but seeks to draw on the strength of the collective. The All Governors Forum is complementary to (not a substitute for) the mandated roles and responsibilities of the Regional Planning Committee under the Hawke’s Bay Regional Planning Committee Act 2015.

Specific Responsibilities

5. Members of the All Governors Forum are expected to:

5.1. provide engagement support through attendance at key meetings/hui to launch Kotahi and engage with tāngata whenua and the community within the catchments

5.2. ensure mana whenua are connected to the engagement process required under Te Mana o Te Wai

5.3. use the information and feedback from the engagement to inform the development of solutions to affect positive change and clearly set out a vision for the Hawke’s Bay environment in the Kotahi Plan

5.4. keep abreast of the topics and issues with the catchments and region informing the Kotahi Plan

5.5. consider options and identify preferred approaches related to the development of the Kotahi Plan.

Membership

6. Membership of All Governors includes:

6.1. Elected members of the Hawke’s Bay Regional Council

6.2. Taiwhenua and Ngati Kahungunu appointed members of the Māori Committee

6.3. Post Settlement Governance Entity appointed members of the Regional Planning Committee.

Powers

7. All Governors Forum is an advisory body. It does not have the power to make decisions and cannot legally bind the Council or Council Committees to any decisions.

8. The All Governors Forum is not a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act.

9. The collaboration agreed upon by All Governors to support Kotahi does not diminish or extinguish the roles and functions of the Māori Committee, RPC or the Council.

Meeting Arrrangements

10. All Governors Forum shall meet as required as per the meeting schedule.

11. Standing orders do not apply.

12. Meetings are facilitated not chaired.

13. Wānanga will be facilitated by the Kotahi project team or an external facilitator as required.

Remuneration and Expenses

14. Elected members shall be eligible for travel costs for attendance.

15. Appointed members of the Māori Committee and Regional Planning Committee shall be eligible for compensation including travel and attendance at meetings. These costs will be met by the Hawke’s Bay Regional Council.

16. Appointed members of the Māori Committee and Regional Planning Committee will also be remunerated for their involvement in this engagement process in recognition for their time, effort and expertise.

17. Remuneration and expenses will be payable in accordance with relevant policies and resolutions of the Hawke’s Bay Regional Council.

Duration

18. The All Governors Forum collaboration will continue until the notification of the Kotahi Plan or is no longer deemed necessary by its members.

Officers Responsible

19. Chief Executive

20. Te Pou Whakarae

21. Group Manager Policy and Regulation

4.9.2. Confirms that the All Governors Forum is comprised of all members of the Regional Council, Regional Planning Committee and Māori Committee.

Kirton/van Beek

CARRIED

4.10. HB Civil Defence Emergency Management Group Joint Committee

4.10.1. Adopts the HB Civil Defence Emergency Management Group Joint Committee Terms of Reference, being:

1. Preamble

1.1 The Hawke’s Bay Civil Defence Emergency Management Group was established pursuant to a Terms of Reference dated August 2003 which was subsequently amended in December 2013 and further amended and adopted in December 2016. Pursuant to a resolution passed by the Group on 23 March 2020, this Terms of Reference is adopted to replace and supersede all previous versions of the Terms of Reference for the Joint Committee.

2. Parties

2.1 Each of the following local authorities is a Member of the Hawke’s Bay Civil Defence Emergency Management Group and is a party to this Terms of Reference:

Central Hawke’s Bay District Council

Hastings District Council

Hawke’s Bay Regional Council

Napier City Council

Wairoa District Council

3. Definitions

For the purpose of this Terms of Reference:

3.1 “Act” means the Civil Defence Emergency Management Act 2002.

3.2 “Administering Authority” means the Hawke’s Bay Regional Council.

3.3 “Co-ordinating Executive Group” (the CEG) means the Co-ordinating Executive Group to be established under section 20 of the Civil Defence and Emergency Management Act 2002.

3.4 “Group” means the Hawke’s Bay Civil Defence Emergency Management Group.

3.5 “Group Controller” means a person appointed under section 26 of the Civil Defence and Emergency Management Act 2002 and clause 10.1 of this Terms of Reference as a Group Controller.

3.6 “Group Plan” means the Hawke’s Bay Civil Defence Emergency Group Plan prepared by the Group in accordance with the Act.

3.7 “Hawke’s Bay Region” for the purposes of this document means the Hawke’s Bay region as defined in the Local Government (Hawke’s Bay Region) Reorganisation Order 1989, excluding the parts of Rangitikei and Taupo District Councils falling within the area administered by the Hawke’s Bay Regional Council.

3.8 “Member” means a Local Authority that is a member of the Civil Defence Emergency Management Group that is the subject of this document.

3.9 “4Rs” means Reduction, Readiness, Response, and Recovery.

4. The Purpose and Term of this Terms of Reference

4.1 The purposes of this Terms of Reference are to:

4.1.1 set out the purposes, functions, powers, and duties of the Group and its members in accordance with the requirements of the Act;

4.1.2 define the responsibilities of the Group as delegated to the Group by the Members; and

4.1.3 provide for the administrative arrangements of the Group.

5. Joint Committee

5.1 Pursuant to section 12 of the Act the Parties were united in August 2003 to establish a Group as a Joint Standing Committee now under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002. This choice is irrevocable under section 14(3) of the Act.

5.2 In accordance with section 12(2) of the Civil Defence Emergency Management Act 2002, neither clause 30(5) nor (7) of Schedule 7 of the Local Government Act 2002 which provides for a committee to be discharged or reconstituted, or be discharged following the triennial general election, shall apply to the Joint Committee.

6. Membership of the Group

6.1 The Members of the Group are the Hawke’s Bay Regional Council and all those territorial authorities that lie wholly within the boundaries of the Hawke’s Bay region. Each member is to be represented on the Group by one person only, being the Mayor or Chairperson of that local authority, or if they are unavailable an alternate representative who has been given the delegated authority to act for the Mayor or Chairperson.

6.2 Under section 13(4) of the Act, the alternate representative must be an elected person from that local authority.

6.3 Under clause 30(9) of Schedule 7 of the Local Government Act 2002, the powers to discharge any representative of the Group and appoint his or her replacement shall be exercisable only by the local authority Member that appointed the representative being discharged.

7. Representatives to have Full Delegated Authority

7.1 Each local authority Member agrees to confer full delegated authority on its Representative, or in their absence the alternate Representative in order for the Group to exercise the functions, powers, and duties of Members under the Act within approved Group budgets.

7.2 At meetings of the Group, each Member's Representative is to have full authority to vote and make decisions on behalf of that Member without further recourse to that Member in respect of the authority granted under 7.1 above.

7.3 If a Member’s Representative to the Group is not re-elected at the triennial Local Government Elections that Representative will cease to be a Member of the Group and will be replaced by the elected Mayor or Chairperson of the relevant Local Authority.

7.4 It is the responsibility of each Member of the Group to ensure that they have a representative available to participate in the Group, as soon as practicable after their representative is no longer able to represent that Member for whatever reason, with the same delegated functions, duties and powers as their predecessor.

8. The Group to Give Effect to the Purposes of The Act

8.1 The functions, powers and duties of the Group are specified in sections 16, 17 and 18 the Act. To assist the Group to meet these requirements, the Group adopts the following objectives:

8.1.1 To ensure that hazards (as defined in the Act) and the consequential risks are identified and assessed;

8.1.2 Improve and promote the sustainable management of identified hazards in a way that contributes to the long term social, economic, cultural, and environmental well-being and safety of people and communities;

8.1.3 Encourage and enable communities to achieve acceptable levels of risk (as risk is defined in the Act), including, without limitation;

(i) identifying, assessing, and managing risks; and

(ii) consulting and communicating about risks; and

(iii) identifying and implementing cost-effective risk reduction; and

(iv) monitoring and reviewing the risk management process.

8.1.4 To require local authorities to co-ordinate, through regional groups, planning, programmes, and activities related to civil defence emergency management across the 4Rs, and encourage co-operation and joint action within those regional groups;

8.1.5 To encourage through partnership and co-ordination, emergency management planning and civil defence emergency management activities amongst the organisations represented on the Co-ordinating Executive Group, other CDEM partners and the Lifeline utility operators that operate within the region;

8.1.6 To ensure an effective and efficient region-wide civil defence emergency management capability to respond to and recover from emergencies.

9. Obligations of Members

9.1 Each member of the Group will:

9.1.1 In accordance with section 7 and 8 above, appoint their Mayor or Chairperson to the Joint Committee; and

9.1.2 appoint its chief executive officer to the Co-ordinating Executive Group (CEG); and

9.1.3 participate in the preparation of and agree to the content of a Group Plan; and

9.1.4 contribute technical expertise and resources to maintain an effective Group and local level response capability; and

9.1.5 provide to the Group the information or reports that may be required by the Group to discharge its powers, functions and duties under the Act and the Group Plan.

9.2 Each local authority Member of the Group will be responsible for the risk reduction, readiness, response and recovery arrangements required of it under the Act, and under the Group Plan or as otherwise agreed by the Group, to the standards agreed by the Group.

10. Delegated Authority

10.1 Power to Appoint Group Controller. The Group will appoint one or more suitably qualified and experienced persons or person to be the Group Controller for the CDEM Group pursuant to by section 26 of the Act and in accordance with the Governance and Management section of the current Group Plan. The powers delegated to the Group Controller(s) are as defined in the Group Plan.

10.2 Appointment of Local Controllers. The Group may from time to time appoint in accordance with section 27 of the Act and following consultation with the relevant Members, one or more persons to be a Local Controller in accordance with the Governance and Management section of the current Group Plan.

10.3 Appoint Persons who may a Declare State of Local Emergency. The Group will appoint at least one person as a person authorised to declare a state of local emergency for its area and in accordance with the Governance and Management section of the current Group Plan.

11. Civil Defence Emergency Management Group Plan

11.1 The Group will prepare, approve, adopt and review a Group Plan in accordance with sections 48 to 57 of the Act.

11.2 For the avoidance of doubt each and every obligation, agreement, covenant, responsibility and liability under the Group Plan is binding on and will continue to bind each and every Member of the Group and is and will continue to be enforceable as between each of the Members, against each of the other Members, and every Member of the Group agrees and covenants to carry out and perform all of its obligations under the Group Plan.

12. Maintain the Coordinating Executive Group

12.1 In accordance with section 20 of the Act, establish and maintain a Co-ordinating Executive Group consisting of:

12.1.1 The chief executive officer of each Member or a senior person acting on that person's behalf; and

12.1.2 A senior representative of the Police assigned for the purpose by the Commissioner of Police; and

12.1.3 A senior representative of Fire and Emergency New Zealand assigned for the purpose by their Chief Executive; and

12.1.4 The chief executive of a District Health Board in Hawke’s Bay representing the District Health Board in Hawke’s Bay, or a person acting on their behalf; and

12.1.5 Any other persons that may be co-opted by the CDEM Group to assist the CEG to undertake its responsibilities.

13. Remuneration

13.1 Each Member of the Group shall be responsible for remunerating its representative on the Group for the cost of that person’s participation in the Group.

14. Meetings

14.1 The Hawke’s Bay Regional Council standing orders will be used to conduct Group meetings.

14.2 Other standing orders may be used, subject to the agreement of the Group, and in accordance with section 19(1) of the Act.

14.3 The Group shall hold all meetings at such frequency, times and place(s) as agreed for the performance of the functions, duties and powers delegated under this Terms of Reference. However there will be at least two meetings per year.

14.4 In accordance with clause 23 of Schedule 7 of the Local Government Act 2002 the quorum of the Group is all Members.

14.5 In the event that a quorum cannot be achieved, the business at any meeting convened for the Joint Committee may be considered without further notice by a subcommittee of the Joint Committee. The recommendations of this subcommittee will be reported for final decision at the next Joint Committee meeting.

15. Voting

15.1 Each member has one vote at a meeting of the Group or when the Group is required at any time to make a decision in respect of an action to be taken by the Group.

15.2 All actions (other than the entering into of contracts within the authorised Group budget) to be taken by the Group must first be approved by way of a majority vote of all members that are present and voting.

15.3 The Ministry of Civil Defence and Emergency Management shall have observer status on the Group and also the Co-ordinating Executive Group.

16. Election of Chairperson and Deputy Chairperson

16.1 The Group may elect a Group Chairperson and Deputy Chairperson for the Group at the first meeting following the triennial local government elections, and appoint replacements when any of those offices become vacant between elections.

16.2 The Group’s Chairperson and Deputy Chairperson shall hold office until the first meeting following the triennial general election.

17. Administering Authority

17.1 In accordance with section 23 of the Act, the Administering Authority for the Group will be the Hawke’s Bay Regional Council. The Administering Authority is responsible for the provision of administrative and related services that may from time to time be required by the Group.

18. Group Emergency Management Office

18.1 The Hawke’s Bay Regional Council will establish and manage a Hawke’s Bay Emergency Management Group Office on behalf of the Group.

18.2 The Group Office shall coordinate technical expertise, planning and operational functions, performance monitoring, coordination of Group wide projects and any other functions as are assigned to it by the Group. The Group Office will also maintain at least one Emergency Management Advisor to be co-located in each TLA to support and where appropriate implement local emergency management outcomes.

18.3 The Hawke’s Bay Regional Council will employ staff for the Group Office as authorised by the Group and manage the office's expenditure in accordance with the principles of the Local Government Act 2002 and amendments.

19. Group Funding and Budget

19.1 The proposed annual Group work programme and budget will be signed off by the Group no later than the 30th of November of the year proceeding the year which the programme and budget will apply.

19.2 The Group work programme, and administrative and related services pursuant to section 24 of the Act, will be funded by way of a Targeted Rate Uniform General Charge (UGC) across the area of the Group and administered by the Hawke’s Bay Regional Council. In order to set the Targeted Rate UGC, the Group will communicate its agreed programme and budget to the Hawke’s Bay Regional Council no later than 1 February of the year which the programme and budget applies.

19.3 The Joint Committee is responsible for deciding the civil defence and emergency management level of service and outcomes to be provided to the community. As the Administrating Authority the Hawke’s Bay Regional Council is responsible for providing the resources to achieve these outcomes.

20. Good Faith

20.1 In the event of any circumstances arising that were unforeseen by the parties at the time of adopting this Terms of Reference, the parties hereby record their intention that they will negotiate in good faith to add to or vary this Terms of Reference so to resolve the impact of those circumstances in the best interests of:

20.1.1 the Members of the CDEM Group collectively; and

20.1.2 the Hawke’s Bay community represented by the Members of the Group collectively.

21. Variations

21.1 Any Member may propose a variation, deletion or addition to the Terms of Reference by putting the wording of the proposed variation, deletion or addition to a meeting of the Group.

21.2 The Terms of Reference will only be amended upon a unanimous vote and resolution passed by the Group and duly recorded in writing.

22. Review of the Terms of Reference

22.1 The Terms of Reference will be reviewed and if appropriate amended by the Group at its first meeting following the following the triennial local government elections.

22.2 The adoption of an amended Terms of Reference revised under clause 22.1 will be undertaken in accordance with section 21 above.

4.10.2. Confirms Hinewai Ormsby, HBRC Chair, as Council’s representative on the CDEM Group Joint Committee, and Deputy Chair Will Foley as alternate.

Siers/van Beek

CARRIED

4.11. Ahuriri Regional Park Joint Committee

4.11.1. Adopts the Ahuriri Regional Park Joint Committee Terms of Reference, subject to confirmation at the first meeting of the Joint Committee, being:

Tā mātau manawanui

Our Commitment

The Napier City Council (NCC), Hawke’s Bay Regional Council (HBRC), and Mana Ahuriri Trust (MAT) wish to partner on the Ahuriri Regional Park (ARP) project in a manner that works towards restoring the health and wellbeing of the Ahuriri Estuary through rangatiratanga/co-governance.

Both Partner Councils recognise kaitiakitanga of Ngā Hapū o Ahuriri, duly mandated through Te Komiti and at all times, will fully engage with Te Komiti both through its representative and as a group to seek guidance and to coordinate with the ARP Joint Committee on matters relating to Te Komiti’s wider catchment plan (SO486367) as we work through the development of the ARP.

1. Kōrero Tuku Iho · Historical Account

1.1 In the decade after the 1851 Ahuriri purchase, Ahuriri Hapū continued to occupy and use Te Whanganui-ā-Orotū in accordance with their tikanga. At this time Pākehā settlement had little impact on Te Whanganui-ā-Orotū.

1.2 In 1860 the Crown vested in the Hawke’s Bay provincial government for the purposes of harbour development. The vesting empowered the Provincial Superintendent to develop harbour facilities to facilitate trade and commerce.

1.3 In 1874 Parliament passed legislation that set aside all of Te Whanganui-ā-Orotū as an endowment for a harbour board. Parliament established the Napier Harbour Board the following year. The Board’s 12 members were prominent Hawke’s Bay sheep farmers and businessmen, and none was a member of Ahuriri Hapū. Further legislation made Te Whanganui-ā-Orotū increasingly available for developments led by the Board.

1.4 Harbour development works had a negative effect on the ecology of Te Whanganui-ā-Orotū. In 1920 Maōri witnesses told the Native Land Claims Commission that dredging had made Te Whanganui-ā-Orotū salty, and that freshwater fish species had been replaced by saltwater species. According to one witness Māori had been unable to catch eels and other freshwater fish from the early twentieth century, and pipi beds had been smothered by reclamation. In addition, Te Whanganui-ā-Orotū and the Ahuriri estuary were polluted by sewage and factory effluent.

1.5 On 3 February 1931 a major earthquake hit Napier. The earthquake raised parts of the bed of Te Whanganui-ā-Orotū. Much of its waters emptied into the sea, leaving about two-thirds of the bed exposed.

1.6 According to legal advice obtained by the Crown after the earthquake, title to the newly- raised portions of Te Whanganui-ā-Orotū belonged to the Napier Harbour Board under the endowment provided for in the Napier Harbour Board Act 1874.

1.7 On 3 May 1934 the Napier Harbour Board agreed to lease 7,595 acres of Te Whanganui-ā-Orotū to the Crown for a 21-year period and the Crown commenced drainage and reclamation work in June 1934. The Crown also commenced farming operations on reclaimed areas of Te Whanganui-ā-Orotū.

1.8 By June 1937 the Public Works Department reported that 2,000 acres of Te Whanganui-ā-Orotū had been completely drained and drainage of a further 2,000 acres was well advanced.

1.9 In 1945 Parliament passed legislation that provided for certain areas of Napier Harbour Board land to be sold and leased to the Napier Borough Council for the expansion of urban Napier.

1.10 Throughout the third quarter of the twentieth century reclamation and subsequent alienations by the Harbour Board provided land for residential, industrial and recreational developments in Napier. The Napier Borough Council developed the Hawke’s Bay Airport on reclaimed land that included islands taken under public works legislation in 1939. The Crown also developed the Ahuriri Farm Settlement on reclaimed land.

1.11 Nine islands were explicitly excluded from the endowment of Te Whanganui-ā-Orotu set aside for harbour development in 1874. After the earthquake the islands became surrounded by dry land. The Napier Harbour Board Empowering Act 1932-33 empowered the Native Land Court to vest in trustees six islands that were still Māori customary land.

1.12 In 1936, on the application of the Napier Harbour Board, the Native Land Court ordered the appointment of six trustees for the islands (approximately 20 acres in total). On 23 May 1939 the Board published a notice of intention to take the islands under the Public Works Act 1928.

1.13 Hori Tupaea lodged an objection but, for reasons that are unclear, it appears that no hearing occurred. On 6 October 1939 the Governor-General proclaimed the islands as taken and vested in the Napier Harbour Board. When the deadline for compensation claims expired on 16 November 1944 the Māori trustees had not filed a claim and so no compensation was paid.

1.14 In 1916 Hiha Ngarangione (of Ngāti Hinepare) and Oriwia Porou applied to the Native Land Court for an investigation of title to Te Whanganui-ā-Orotū, and based their claim on descent from the tipuna Tāwhao. The Court dismissed the case on the basis that Te Whanganui-ā-Orotū was not Māori customary land and therefore not within its jurisdiction.

1.15 In 1916 the Department of Lands and Survey asked the Solicitor-General for his advice on whether the Crown held title to Te Whanganui-ā-Orotū. The Solicitor- General concluded that the wording of the 1851 Ahuriri deed did not include Te Whanganui-ā-Orotū within the boundaries of the purchase and that the boundary shown on the plan attached to the deed had been drawn in error. However, the Solicitor- General found that this was of no material importance because Te Whanganui-ā-Orotū was tidal and the Court of Appeal had determined that Māori customary title did not apply below the high water mark.

1.16 In 1920 the Crown established a Native Land Claims Commission to inquire into a number of petitions relating to Māori land, including a 1919 petition regarding Te Whanganui-ā-Orotū. The Commission found that the boundaries described in the 1851 Ahuriri deed “skirt along the interior line of the harbour, but do not include it.” However the Commission found that the Crown had made it clear to Māori that it was purchasing Te Whanganui-ā-Orotū in 1851 through references to “moana” in the deed, though it expressed doubt that Māori appreciated the full effect of the dealing when they signed.

1.17 In 1924 Te Wahapango of Ngāi Te Ruruku and eighteen others petitioned Parliament again. The petitioners reiterated their argument that Te Whanganui-ā-Orotū was not included within the boundaries of the Ahuriri purchase, and appealed to the Treaty of Waitangi as a guarantee of their fishing rights in Te Whanganui-ā-Orotū. The Native Affairs Committee reported that the petition should be referred to the Government for consideration but no Crown action resulted.

1.18 In 1932 Hori Tupaea of Ngāti Paarau and Ngāti Hinepare and four others petitioned Parliament seeking a share in the benefits accruing from the land upraised from the bed of Te Whanganui-ā-Orotū by the 1931 earthquake. The petition stated that Ahuriri Māori never intended to include Te Whanganui-ā-Orotū in the 1851 transaction. The petition went on to say that as a result of the earthquake Ahuriri Māori had “lost all that remained to them, and have nothing to represent the rights which they formerly had and which they were always so anxious to preserve.”

1.19 The Native Land Court inquired into the petition in 1934. Counsel for the petitioners argued that Te Whanganui-ā-Orotū belonged to Māori when the Treaty of Waitangi was signed. Accordingly, article 2 of the Treaty applied to it. Counsel for the petitioners also reiterated the argument that Ahuriri Hapū had not sold Te Whanganui-ā-Orotū to the Crown in 1851.

1.20 The Crown argued that Te Whanganui-ā-Orotū had been included in the Ahuriri purchase, as it was included within the boundary apparently illustrated on the plan exhibited when the Ahuriri deed was signed. The Crown also argued that even if Te Whanganui-ā-Orotū had not been included in the purchase, ownership had transferred to the Crown automatically by virtue of the common law because Te Whanganui-ā-Orotū was an arm of the sea. Hapū argued that this was a fresh water lagoon and was never an arm of the sea.

1.21 The Māori Land Court did not issue its report until 1948, after further petitions from Ahuriri Māori. The report focused on two questions: whether Te Whanganui-ā-Orotū was included in the 1851 Ahuriri purchase, and whether Te Whanganui-ā-Orotū was an arm of the sea as at 1840. The Judge who wrote the report found that the Crown had only purchased the small, tidal harbour adjacent to the Ahuriri opening. He concluded that the Court had insufficient evidence to decide the arm of the sea question, though there was “some fairly strong evidence” that Te Whanganui-ā-Orotū was originally a fresh or brackish water lagoon.

1.22 In 1949 the Prime Minister visited Napier. Ahuriri Hapū later testified that they declined his offer to return 4,500 acres in the northern half of Te Whanganui-ā-Orotū because they wanted the entire area returned to them. According to Ahuriri Hapū, one kaumātua said to the Government at the time, "If you’re ready to give us the northern end, then surely we must also own the southern end." In 1951 Ahuriri Māori made further inquiries about the Crown’s response to the Māori Land Court’s report. The Crown responded that it would not take action until the claimants proved that Te Whanganui-ā-Orotū had not been an arm of the sea.

1.23 In 1955 counsel for Ahuriri Māori asked the Māori Land Court whether it was still willing to receive evidence in support of the 1932 petitioners’ argument that Te Whanganui-ā-Orotū was not an arm of the sea as at 1840. The Chief Judge declined, stating that the case must be regarded as closed due to the amount of time that had elapsed since the hearings in 1934 and the release of the Court’s report in 1948. A further petition in 1965 and a letter to the Crown in 1972 produced no action by the Crown. The Crown considered the 1948 Māori Land Court report an insufficient basis for Crown action.

1.24 In 1988 the Crown disestablished the Hawke’s Bay Harbour Board (previously Napier Harbour Board) and the remaining endowment lands began to be redistributed to other local authorities. That year the seven Ahuriri Hapū lodged the Te Whanganui-ā-Orotū (Wai 55) claim with the Waitangi Tribunal. Following this claim the Ahuriri Hapū Settlement claim commenced. The Mana Ahuriri deed of settlement first began in 2013 and recognises all historical claims of the seven hapū prior to 1992. It settled on 3 March 2022 and includes the legislation for Te Komiti Muriwai o Te Whanga.

2. Whakatakinga · Introduction

2.1 Te Whanganui-a-Orotū is a place of great significance to Ngā Hapū o Ahuriri and is central to the existence and identity of Ahuriri Hapū. It is named after the ancestor Te Orotū who was a descendent of the great explorer ancestor Mahutapoanui who is the very beginning of the Ahuriri Hapū people.

2.2 Since the arrival of European settlers, Ngā Hapū o Ahuriri have been alienated from Te Whanganui-ā-Orotū. This was the result of successive governments’ actions including the vesting of land and waters, legislation, and the governance and management of these lands without representation from mana whenua. Throughout this time, Māori leaders have shown great conviction in their efforts to see their kaitiaki status recognised in relation to Te Whanganui-ā-Orotū, though with limited success. It is only comparatively recently that this status has been acknowledged, and we now transition towards rangatiratanga/co-governance supported through legislative reform.

2.3 The Ahuriri Hapū Claims Settlement Act 2021 establishes Te Komiti Muriwai O Te Whanga (Te Komiti) for the purpose of promoting the protection and enhancement of the environmental, economic, social, spiritual, historical and cultural values of Te Whanganui-ā-Orotū. Its role is to provide guidance and coordination in the management of Te Whanganui-ā-Orotū (Ahuriri Estuary), to local authorities and Crown agencies. Its functions include preparing and approving the Te Muriwai o Te Whanga Plan and identifying the values, vision, objectives, and desired outcomes relevant to Te Muriwai o Te Whanga.

2.4 Te Komiti wants to collaborate with all groups that are focused on the health and wellbeing of Te Whanganui-ā-Orotū to achieve its objectives and its management plan for the Ahuriri Estuary including the surrounding catchment area.

2.5 NCC, HBRC and MAT seek to collaborate with Te Komiti to work towards restoring the mauri of the Ahuriri Estuary that has been critically affected by activities over many decades, within the constraints of the project. The respective Partner Councils and MAT wish to establish a Joint Committee to coordinate the respective projects, initiatives and plans of all Partners to restore the life force of the estuary.

2.6 This ARP Joint Committee is not intended to look at all issues within the broader Estuary catchment. Its focus is on projects and initiatives that NCC and HBRC can directly influence through their own land holdings on and adjacent to ‘Lagoon Farm’ and service delivery operations. That is, primarily through HBRC and NCC’s Infrastructure Directorate and Asset Management Group, and Integrated Catchment Management. The HBRC and NCC regulatory functions provide context for this Joint Committee. Additionally, MAT have influence through the Ahuriri Hapū Claims Settlement Act 2021, the Deed of Settlement, and Te Komiti Muriwai o te Whanga.

2.7 NCC and HBRC are committed to strengthening collaboration of each council’s planning and delivery processes, alongside the priorities and projects of MAT and Te Komiti, in order to bring about a step change in the protection, mauri, and enhancement of the estuary. In that context the purpose of the ARP Joint Committee is to make recommendations in relation to the establishment of an ARP serving both that objective and providing significant water quality and biodiversity enhancement and cultural benefits for the community, as well as recreational benefits, while providing for climate resilience and stormwater management.

2.8 NCC and HBRC are both well placed to do this as both provide drainage and stormwater services to Napier through an extensive joint network of open waterways, along with regulatory, reserve and recreation assets and functions. Through MAT the Crown recognises the role of Ahuriri hapū as Kaitiaki of the Ahuriri Estuary and catchment areas. The settlement legislation establishes a permanent statutory committee to promote the protection and enhancement of the estuary and catchment areas for future generations.

2.9 The location of the ARP is currently known as Lagoon Farm, and has a legal description of Lot 1 DP 388211.

3. Ngā whakamāramatanga · Definitions

For the purpose of this Terms of Reference:

3.1 “Act” means the Local Government Act 2002.

3.2 “Administering Authority” means Napier City Council

3.3 “Council member” means an elected representative appointed by a Partner Council

3.4 “Member” in relation to the ARP Joint Committee means each Council Member and each Mana Whenua Member

3.5 “Partner Council” means one of the following local authorities: Napier City Council and Hawke’s Bay Regional Council.

3.6 “Technical Advisory Group or (TAG)” means the non-elected technical advisors to the project, who may move in or out of TAG as required.

3.7 “Te Komiti Muriwai o te Whanga” means the entity established by section 83 of the Ahuriri Hapū Claims Settlement Act 2021

3.8 “Te Muriwai o te Whanga” means the Ahuriri Estuary and catchment areas shown on SO 486367

4. Te ingoa me te mana o te Komiti Hono · Name and status of Joint Committee

4.1 The Joint Committee shall be known as the Ahuriri Regional Park (ARP) Joint Committee.

4.2 The ARP Joint Committee is a Joint Committee under clause 30(1)(b) of Schedule 7 of the Act.

5. Ngā Mema Kaunihera Hoa Haere Kōtui · Partner Council Members

5.1 The two Councils represented within this Joint Committee are NCC and HBRC.

5.2 Each Partner Council shall appoint two Council members and one alternate each to sit on the ARP Joint Committee.

5.3 Each Partner Council shall notify the other Partner Council and the Mana Whenua members in writing of the appointments made.

5.4 Under clause 30A(6) Schedule 7 of the Act, the power to discharge any Council Member on the ARP Joint Committee and appoint his or her replacement shall be exercisable only by the Partner Council that appointed the Member.

5.5 The ARP Joint Committee shall invite lead officers to the meeting of the ARP Joint Committee from each Council in advisory roles as required.

6. Ngā Mema Mana Whenua · Mana Whenua Partner Members

6.1 The representative partner from mana whenua in this ARP Joint Committee is MAT.

6.2 MAT may appoint four members and one alternate to sit on the ARP Joint Committee.

6.3 MAT must notify all Partner Councils in writing of the appointments made.

6.4 Under clause 30A(6) Schedule 7 of the Act, the power to discharge any mana whenua Member on the ARP Joint Committee and appoint his or her replacement shall be exercisable only by MAT.

7. Te Kaupapa o ngā whakataunga mō ngā whakapuakitanga · Purpose of Terms of Reference

7.1 The purpose of the Terms of Reference is to:

7.1.1 Define the responsibilities of the ARP Joint Committee as delegated by the Partner Councils under the Act.

7.1.2 Provide for the administrative arrangements of the ARP Joint Committee as detailed in Clause 14.0.

8. Te Mana kua tukuna me te Kaupapa · Delegated Authority and Purpose/Fields of Activity

8.1 The ARP Joint Committee has responsibilities delegated by the Partner Councils to fulfil its purpose being:

8.1.1 To make recommendations to the respective councils on decisions pertaining to the development of the ARP that are within the jurisdiction of each Partner Council, as it relates to the site legally described as Lot 1 DP 388211. The ARP Joint Committee shall have discretion to determine the matters presented to the MAT Board for decision.

8.1.2 To commission reports and advice; and oversee the design and delivery of projects associated with the ARP:

8.1.2.1 Provide advice on and approve project briefs

8.1.2.2 Commission a project manager and consultant team for the preparation of a masterplan

8.1.2.3 Provide recommendations on Annual Plan budgeting and inclusion of funding in the Long Term Plan (LTP) by each Council to achieve agreed water storage and quality, ecology, cultural and recreation outcomes for the estuary, its streams drains and tributaries, and on adjacent land

8.1.2.4 Provide recommendations on the completion of a proposal to be submitted by each Council in the LTP reflecting the current situation for the ARP

8.1.2.5 Make recommendations on regulatory changes and other planning documents that support the delivery of the ARP

8.1.2.6 Seek advice on the best models for future governance and/or management of the site

8.1.2.7 Collaborate in the preparation of applications for necessary consents to ensure timing is coordinated and activities applied for are consistent with the ARP Masterplan

8.1.2.8 Establish and agree outcomes, deliverables and ensure milestone alignment and updates on a proposal towards the LTP for each Council.

8.1.3 The delivery of an ARP that promotes climate resilience, ecological and water quality improvements, biodiversity improvements, promotes a more natural estuary margin, and provides storm water management, low impact compatible recreational opportunities, cultural storytelling and educational opportunities.

8.1.4 To strengthen collaborative relationships at all levels between NCC, HBRC and MAT, and in particular the rangatiratanga/co-governance, planning, operations, and monitoring functions, as they work through a rangatiratanga/co-governance relationship to develop the ARP. Council Partners that are consenting authorities reserve the right to be independent for any element that requires consent.

8.1.5 To promote alignment of all Partners projects with the ARP projects, initiatives and planning documents, so that resources committed to protecting and enhancing the estuary through the development of the ARP are adequate; that they prudent and efficient; and are likely to produce the outcomes expected by the whole community. Partners will seek to identify and tap into external sources of funding as required.

8.1.6 To facilitate collaboration in planning and design for all waterways, drainage and stormwater networks where they discharge into the ARP.

8.1.7 To work with Te Komiti to establish processes and collaborate together on actions to restore the mauri of the Ahuriri Estuary through the development of the ARP on Lagoon Farm.

8.1.8 To keep each Partner Council, MAT and Te Komiti regularly updated on the ARP Joint Committees progress.

9. Ngā mana kāore e tukuna · Powers not delegated

The following powers are not delegated to the ARP Joint Committee:

9.1 Any power that cannot be delegated in accordance with clause 32 Schedule 7 of the Local Government Act 2002.

9.2 Decisions relating to the allocation of funding, the use and development of land and watercourses, and matters relating to consenting lies with each Partner Council that has jurisdiction over these decisions. Recommendations only are made by the ARP Joint Committee.

9.3 Unless expressly specified in 8.1 of this ToR, the ARP Joint Committee only has the power to make recommendations to Partner Councils and to MAT.

10. Te utunga · Remuneration

10.1 Each Partner Council shall be responsible for remunerating its representatives on the ARP Joint Committee and for the cost of those persons' participation in the ARP Joint Committee. Participation in the ARP Joint Committee from Partner Councils is considered inclusive of the many activities Councillors are expected to fulfil within their role.

10.2 The costs associated with remunerating the Mana Whenua members shall be shared equally (50/50) between each Partner Council, and in accordance with the Hawke's Bay Regional Council Policy for Reimbursement for Project Meetings and Travel (Attachment 1), at the rate specified for Working Groups.

11. Ngā hui · Meetings

11.1 The NCC standing orders will be used to conduct ARP Joint Committee meetings as if the ARP Joint Committee were a local authority.

11.2 The ARP Joint Committee shall hold all meetings at such frequency, times and place(s) as agreed for the performance of the functions, duties and powers delegated under this Terms of Reference.

11.3 The quorum shall be one member per organisation and a minimum of 4 members in total.

12. Te pōti · Voting

12.1 The ARP Joint Committee has no decision making authority outside of operational spending. It is tasked with bringing recommendations to each Council Partner and Mana Whenua Partner for consideration.

12.2 Where voting is required, all Members of the ARP Joint Committee have full speaking rights.

12.3 Each Member has one vote.

12.4 When making recommendations, Members of the ARP Joint Committee must strive to achieve consensus, but if, in the opinion of the Chair/co-Chair, consensus is not practicable after a reasonable discussion, a recommendation of the ARP Joint Committee may be made by a minimum of 75% of those members present and voting at the meeting or voting.

12.5 The Chair/co-Chairperson may vote on any matter but does not have a casting vote.

13. Te hautūtanga o te Komiti Hono · Leadership of the Joint Committee

13.1 The Chair/Co-Chairs are appointed by the ARP Joint Committee.

13.2 The Deputy Chair, if required, is appointed by the ARP Joint Committee.

14. Te Tautoko ā-Whakahaere · Administrative Support

14.1 Administrative support for the ARP Joint Committee (convening meetings, keeping minutes etc) will be provided by the staff of the Napier City Council’s Governance team, unless otherwise agreed.

15. Te Whakahaere Motuhake · Independent Facilitation

15.1 Any matter or matters being considered by the ARP Joint Committee may be referred by the Co-Chairs for independent facilitation.

15.2 Where a matter is referred for independent facilitation:

15.2.1 A sub-committee of the ARP Joint Committee may be established as required, with at least one Mana Whenua Member and at least one member from each Partner Council.

15.2.2 The subcommittee shall identify and assess candidates to undertake the facilitation, and develop recommendations to the Joint Committee to appoint a preferred candidate.

15.2.3 The ARP Joint Committee shall receive and consider the subcommittee’s recommendation and confirm an appointment.

15.2.4 The appointment may be made for a set duration (e.g. for 12 months) or on a task specific basis.

15.3 The role of independent facilitator is to assist the ARP Joint Committee to consider, debate and reach resolution on specified matters.

15.4 The independent facilitator shall act in every respect as an independent and neutral third party and shall have no voting or decision-making functions.

16. Te whakatakoto pūrongo · Reporting

16.1 All reports to the ARP Joint Committee shall be presented via the nominated Technical Advisory Group representative or from the ARP Joint Committee Co-Chairs.

16.2 Following each meeting of the ARP Joint Committee, the project manager shall prepare a brief summary report of the business of the meeting and circulate that report, for information to each Member. Such reports will be in addition to any formal minutes prepared by the Administering Authority which will be circulated to ARP Joint Committee representatives. It is the role of the Joint Committee Members to champion these reports within their respective Partner organisations.

16.3 The Technical Advisory Group shall ensure that the summary report required by 16.2 is also provided to each Partner Council for inclusion in the agenda for the next available Council meeting, and to Mana Whenua representatives for inclusion for the next available MAT Board meeting. A Technical Advisory Group Member shall attend the relevant Council meeting to speak to the summary report if requested and respond to any questions and will also be available to attend the MAT Board meeting at their request.

16.4 The Technical Advisory Group must include a cultural advisor appointed by Mana Ahuriri Trust and must be an integral member of the Technical Advisory Group.

17. Ngākau Pono · Good Faith

17.1 In the event of any circumstances arising that were unforeseen by the Partner Councils, MAT, or their respective representatives at the time of adopting this Terms of Reference, the Partner Councils and MAT and their respective representatives hereby record their intention that they will negotiate in good faith to add to or vary this Terms of Reference so to resolve the impact of those circumstances in the best interests of the Partner Councils and MAT collectively.

18. Ngā panonitanga o ngā whakataunga mō ngā whakapuakitanga · Variations to the Terms of Reference

18.1 Any Member may propose a variation, deletion or addition to the Terms of Reference by putting the wording of the proposed variation, deletion or addition to a meeting of the ARP Joint Committee.

18.2 Amendments to the Terms of Reference may only be made with the approval of all Council and Mana Whenua Partners at the recommendation of the ARP Joint Committee. Changes recommended by the ARP Joint Committee would be determined through the voting procedure outlined in Clause 12 of this ToR.

19. Whakapānga ā-Pāpāho · Media Contact

19.1 To be agreed by ARP Joint Committee, generally to be the Chair/Co-Chairs and Deputy Chair.

19.2 The first point of contact from media in relation to this project is Napier City Council. Napier City Council will consult with its Partner members as appropriate.

4.11.2. Appoints councillors Hinewai Ormsby and Martin Williams as HBRC’s representatives on the Ahuriri Regional Park Joint Committee, and councillor Neil Kirton as alternate.

Harding/Kirton

CARRIED

4.12. Clifton to Tangoio Coastal Hazards Strategy Joint Committee

4.12.1 Appoints councillors Jerf van Beek, Xan Harding and Charles Lambert as HBRC’s representatives on the Clifton to Tangoio Coastal Hazards Strategy Joint Committee, and councillor Sophie Siers as alternate.

Roadley/Mackintosh

CARRIED

4.12.2 Recommends that the Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference is amended to read as follows.

12. Chairperson and Deputy Chairperson

12.1 The Chairperson of the Joint Committee will be one of the Hawke’s Bay Regional Council members as elected and appointed by Hawke’s Bay Regional Council. (added)

12.2 At the first meeting of the Joint Committee the members shall elect up to two Deputy Chairpersons. (amended for election of deputies only)

12.2 The mandate of the Chairperson and Deputy Chairperson ends if that person, through resignation or otherwise, ceases to be a member of the Joint Committee. (amended for Chair and Deputy)

van Beek/Siers

CARRIED

4.12.3. Adopts the Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference as amended, subject to confirmation at the first meeting of the Joint Committee, being:

1. Definitions

For the purpose of these Terms of Reference:

1.1 Act means the Local Government Act 2002

1.2 Administering Authority means Hawke’s Bay Regional Council

1.3 Coastal Hazards Strategy means the Coastal Hazards Strategy for the Hawke Bay coast between Clifton and Tangoio

1.4 Council Member means an elected representative appointed by a Partner Council

1.5 Hazards means natural hazards with the potential to affect the coast, coastal communities and infrastructure over the next 100 years, including, but not limited to, coastal erosion, storm surge, flooding or inundation of land from the sea, and tsunami; and includes any change in these hazards as a result of sea level rise

1.6 Joint Committee means the group known as the Clifton to Tangoio Coastal Hazards Strategy Joint Committee set up to recommend both draft and final strategies to each Partner Council.

1.7 Member in relation to the Joint Committee means each Council Member and each Tangata Whenua Member.

1.8 Partner Council means one of the following local authorities: Hastings District Council, Napier City Council and Hawke’s Bay Regional Council

1.9 Tangata Whenua Appointer means:

1.9.1 The trustees of the Maungaharuru-Tangitū Trust, on behalf of the Maungaharuru-Tangitū Hapū

1.9.2 Mana Ahuriri Incorporated, on behalf of Mana Ahuriri Hapū

1.9.3 Heretaunga Tamatea Settlement Trust, on behalf of the hapū of Heretaunga and Tamatea

1.10 Tangata Whenua member means a member of the Joint Committee appointed by a Tangata Whenua Appointer.

2. Name and status of Joint Committee

2.1 The Joint Committee shall be known as the Clifton to Tangoio Coastal Hazards Strategy Joint Committee.

2.2 The Joint Committee is a joint committee under clause 30(1)(b) of Schedule 7 of the Act.

3. Partner Council members

3.1 Each Partner Council shall appoint three Council members and one alternate to the Joint Committee.

3.2 If not appointed directly as Council members, the Mayors of Hastings District Council and Napier City Council and the Chairperson of Hawke’s Bay Regional Council are ex officio Council Members.

3.3 Under clause 30(9) Schedule 7 of the Act, the power to discharge any Council member on the Joint Committee and appoint his or her replacement shall be exercisable only by the Partner Council that appointed the member.

4. Tangata Whenua members

4.1 Each Tangata Whenua Appointer may appoint one member to sit on the Joint Committee.

4.2 Each Tangata Whenua Appointer must make any appointment and notify all Tangata Whenua Appointers and Partner Councils in writing of the appointment.

4.3 The Tangata Whenua members so appointed shall be entitled to vote.

4.4 Under clause 30(9) Schedule 7 of the Act, the power to discharge any Tangata Whenua member on the Joint Committee and appoint his or her replacement shall be exercisable only by the Tangata Whenua Appointer that appointed the member.

5. Purpose of Terms of Reference

5.1 The purpose of the Terms of Reference is to:

5.1.1 Define the responsibilities of the Joint Committee as delegated by the Partner Councils under the Act.

5.1.2 Provide for the administrative arrangements of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee as detailed in Appendix 2.

6. Delegated authority

The Joint Committee has the responsibility delegated by the Partner Councils for:

6.1 Guiding and providing oversight for the key components of the coastal hazards strategy including:

6.1.1 The identification of coastal hazards extents and risks as informed by technical assessments

6.1.2 A framework for making decisions about how to respond to those risks

6.1.3 A model for determining how those responses shall be funded; and on a plan for implementing those responses when confirmed

6.2 Considering and recommending a draft strategy to each of the Partner Councils for public notification and consultation

6.3 Considering comments and submissions on the draft strategy and making appropriate recommendations to the Partner Councils

6.4 Considering and recommending a final Clifton to Tangoio Coastal Hazards Strategy to each of the Partner Councils for approval

6.5 Advocating for and/or advancing the objectives of the Strategy by submitting on and participating in processes, including but not limited to:

6.5.1 Council long term plans

6.5.2 Council annual plans

6.5.3 District and regional plan and policy changes

6.5.4 Reserve management plans

6.5.5 Asset management plans

6.5.6 Notified resource consent applications

6.5.7 Central Government policy and legislation

6.6 Investigating and securing additional sources of funding to support strategy implementation.

7. Powers not delegated

The following powers are not delegated to the Joint Committee:

7.1 Any power that cannot be delegated in accordance with clause 32 Schedule 7 of the Local Government Act 2002

7.2 The determination of funding for undertaking investigations, studies and/or projects to assess options for implementing the Clifton to Tangoio Coastal Hazards Strategy.

8. Remuneration

8.1 Each Partner Council shall be responsible for remunerating its representatives on the Joint Committee and for the costs of those persons' participation in the Joint Committee.

8.2 The Administering Authority shall be responsible for remunerating the Tangata Whenua members.

9. Meetings

9.1 The Hawke’s Bay Regional Council standing orders will be used to conduct Joint Committee meetings as if the Joint Committee were a local authority and the principal administrative officer (Chief Executive) of the Hawke’s Bay Regional Council or his or her nominated representative were its principal administrative officer.

9.2 The Joint Committee shall hold all meetings at such frequency, times and place(s) as agreed for the performance of the functions, duties and powers delegated under this Terms of Reference.

9.3 Notice of meetings will be given as far in advance a possible to all Joint Committee members, and in accordance with the provisions of the Local Government Official Information and Meetings Act.

9.4 Members, or their confirmed alternates, will attend all Joint Committee meetings.

9.5 The quorum shall be 6 members, provided that at least one Partner Council member is present from each Partner Council.

10 Voting

10.1 In accordance with clause 32(4) Schedule 7 of Act, at meetings of the Joint Committee each Council member has full authority to vote and make decisions within the delegations of this Terms of Reference on behalf of the Partner Council without further recourse to the Partner Council.

10.2 Where voting is required, each member has one vote.

10.4 Best endeavours will be made to achieve decisions on a consensus basis.

10.5 The Chairperson at any meeting has a deliberative vote and, in the case of equality of votes, has a casting vote.

11 Chairperson and Deputy Chairperson

11.1 The Chairperson of the Joint Committee will be one of the Hawke’s Bay Regional Council members as elected and appointed by Hawke’s Bay Regional Council.

11.2 At the first meeting of the Joint Committee the members shall elect up to two Deputy Chairpersons.

11.2 The mandate of the Chairperson and Deputy Chairperson ends if that person, through resignation or otherwise, ceases to be a member of the Joint Committee.

12 Reporting

12.1 All reports to the Committee shall be presented via the Technical Advisory Group.

12.2 Following each meeting of the Joint Committee, the Project Manager shall prepare a brief summary report of the business of the meeting and circulate that report, for information, to each member. Such reports will be in addition to any formal minutes prepared by the Administering Authority, which will be circulated to Joint Committee representatives.

12.3 The Technical Advisory Group shall ensure that the summary report required by 12.2 is also provided to each Partner Council for inclusion in the Agenda for the next available Council meeting. A Technical Advisory Group Member shall attend the relevant Council meeting to speak to the summary report if requested and respond to any questions.

13. Good faith

13.1 In the event of any circumstances arising that were unforeseen by the Partner Councils, the Tangata Whenua Appointers, or their respective representatives at the time of adopting this Terms of Reference, the Partner Councils and the Tangata Whenua Appointers and their respective representatives hereby record their intention that they will negotiate in good faith to add to or vary this Terms of Reference so to resolve the impact of those circumstances in the best interests of the Partner Councils and the Tangata Whenua Appointers collectively.

14 Variations to these Terms of Reference

14.1 Any Member may propose a variation, deletion or addition to the Terms of Reference by putting the wording of the proposed variation, deletion or addition to a meeting of the Joint Committee.

14.2 Amendments to the Terms of Reference may only be made with the approval of all Members.

15. Recommended for Adoption

15.1 The Clifton to Tangoio Coastal Hazards Strategy Joint Committee, made up of the following members, recommends this Terms of Reference for adoption to the three Partner Councils.

4.12.4 Cr Xan Harding nominates Cr Jerf van Beek for Chair of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee, seconded by Cr Martin Williams.

4.12.5 There being no further nominations, councillor Jerf van Beek is appointed Chair of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee, subject to confirmation of the amended Terms of Reference by the partner councils.

Harding/Williams

CARRIED

4.13. Climate Action Joint Committee

4.13.1. Supports the establishment of the Climate Action Joint Committee subject to confirmation of the Terms of Reference.

4.13.2. Appoints councillors Hinewai Ormsby and Xan Harding as HBRC’s representatives on the Climate Action Joint Committee, and Di Roadley as alternate.

Siers/Williams

CARRIED

4.14. Future Development Strategy Joint Committee

4.14.1. Supports the establishment of the Future Development Strategy Joint Committee, subject to confirmation of the Terms of Reference including membership.

Mackintosh/van Beek

CARRIED

The meeting adjourned at 3.20pm and reconvened at 3.35pm with councillor van Beek having been excused.

Re-establishment of the Biosecurity Working Party

Iain Maxwell introduced Mark Mitchell who is in charge of leading Pest Management work. The item was taken as read.

RC100/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Re-establishment of the Biosecurity Working Party 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 with an interest in the decision.

3. Re-establishes the Biosecurity Working Party as a sub-committee of the Regional Council with its membership comprising Councillors Will Foley, Jerf van Beek and Charles Lambert and Mr John Simmons.

4. Delegates to the Biosecurity Working Party the authority to carry out activities within its Terms of Reference including the duties, powers and functions of the Council:

4.1. Set out in sections 71 to 74 (excluding sections 72(5)) and 100D(6)(b) of the Biosecurity Act 1991

4.2. Set out in sections 75(1) and (2) of the Biosecurity Act 1991 to prepare a written report on the Proposal to change Possum Control Area delivery following the hearing of submissions and make recommendations to the Regional Council for its decisions on Regional Pest Management Plan amendments.

Williams/Roadley

CARRIED

Director appointments to Hawke’s Bay Regional Investment Company

Tom Skerman introduced the item, noting that the title of the item should not have included ~~and~~ ~~Napier Port Holdings Limited~~. Queries and discussions covered:

· Council Appointments Committee is to be established to appoint the councillor directors only, after which the CAC will consider the HBRIC Chair’s reappointment.

· For process to appoint HBRIC Chair and an additional independent director, the Chair will be replaced on the CAC with another relevantly qualified independent person.

RC101/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Director appointments to Hawke’s Bay Regional Investment Company staff report.

2. Agrees that the 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. Establishes the Council Appointments Committee to undertake the selection process for HBRIC councillor directors, comprised of HBRIC Chair Dan Druzianic, Jerf van Beek and Sophie Siers, and one additional independent member to be confirmed on 30 November 2022.

4. Instructs the Council Appointments Committee to initiate the process to shortlist, interview and select preferred candidates for recommendation to Council for appointment as councillor directors of the Hawke’s Bay Regional Investment Company Limited.

Ormsby/Mackintosh

CARRIED

Councillor appointments to outside bodies

James Palmer introduced the item, which was taken as read.

RC102/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Councillor appointments to outside bodies staff report.

Ormsby/Williams

CARRIED

3. Appoints councillor Hinewai Ormsby as the Council’s representative on Te Komiti Muriwai o Te Whanga.

Kirton/Harding

CARRIED

4. Appoints councillor Will Foley as Council’s representative on the TBfree Hawke’s Bay Committee.

Ormsby/Williams

CARRIED

5. Reappoints councillor Will Foley as Council’s representative on the Hawke’s Bay Future Farming Charitable Trust board.

Roadley/Siers

CARRIED

6. Appoints councillor Sophie Siers as Council’s representative on the Board of Hawke’s Bay Tourism.

Ormsby/Mackintosh

CARRIED

7. Does not appoint a Council representative on Hawke’s Bay Sports Council.

8. Appoints councillors Jock Mackintosh and Di Roadley as Council’s representatives at Local Government New Zealand Zone 3 meetings.

Ormsby/Harding

CARRIED

9. Notes that Council’s Chair, Hinewai Ormsby, is Council’s representative on the Matariki Governance Group.

Harding/Siers

CARRIED

Councillors' remuneration and allowances

Leeanne Hooper and James Palmer introduced the item, which was taken as read. Queries and points noted in Council discussions included:

· Seems incongruous that Council doesn’t incentivise e-bikes taking into account the high maintenance and insurance costs, higher risk of injury and other costs as well as Council’s role to encourage active and alternative modes of transport as part of Climate Action and emissions reduction work programmes.

· Should be lobbying Central Government to make online meeting attendance count toward quorum to take account of climate change and councillors who travel long distances. We are a big region with councillors representing communities distant from the Napier office.

· Options for how to split the remuneration pool in a way that’s equitable and fair.

· Travel cost reimbursement based on fixed costs of the vehicle, depreciation, ongoing maintenance and on-road costs. Fixed portion for first 14,000 km is same for all, but lower associated costs for running electric vehicles after that.

· Childcare allowance criteria set by remuneration authority and not discretionary for Council to pay more than what is set in the Determination, however is discretionary for Council to pay the childcare

· Suggested 28 cents per km for e-bike rate not sufficient. Stop-bank calculation by councillor Harding on the ride into Napier was that 28c/km would be just enough to cover direct costs and not overly generous. E-bikes are maintenance heavy and expensive. It was suggested that e-bike allowance be increased to be the same as electric vehicle, which was agreed in absence of any objection.

RC103/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Councillors' remuneration and allowances 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 the required decisions without conferring directly with the community.

3. Resolves that the remuneration levels to be paid to elected members, in accordance with the Local Government Members (2022/23) Determination 2022 are as follows.

3.1. $61,000 per annum for a councillor with no additional responsibilities

3.2. $67,860 per annum for each position of additional responsibility being:

3.2.1. Regional Council Deputy Chairman, Will Foley

3.2.2. Corporate and Strategic Committee Chairman, Neil Kirton

3.2.3. Environment and Integrated Catchments Committee Chairperson, Sophie Siers

3.2.4. Regional Transport Committee Chairman Martin Williams

3.2.5. Clifton to Tangoio Coastal Hazards Strategy Joint Committee Chairman, Jerf van Beek.

4. Agrees to that the allowances paid to eligible councillors, in accordance with the Remuneration Authority’s Determination and the criteria set therein, are:

Allowance	15 October 2022 – 30 June 2023
Mileage Allowance – petrol or diesel	$0.83 per km (first 14,000 km)
Mileage Allowance - Hybrid	$0.83 per km (first 14,000 km)
Mileage Allowance – Electric Vehicle	$0.83 per km (first 14,000 km)
Mileage Allowance – E-bike	$0.83 per km (first 14,000 km)
Mileage Allowance (after first 14,000 km)	$0.31/km petrol/diesel $0.18/km hybrid $0.10/km electric including e-bike
Threshold time on daily travel	8 hours in a 24 hour period
Travel Time Allowances	$40 per hour (after the first hour of eligible travel)
Communication (ICT) Allowance	Limited to $1,550 per year
Childcare Allowance	Limited to $6,000 per child per year

5. Adopts the HBRC 2022-2023 Elected Members’ Expenses and Allowances Policy as updated to incorporate the decisions made today and subject to confirmation by the Remuneration Authority.

Hokianga/Siers

CARRIED

10.

Proxy for the HBRIC Ltd Annual General Meeting

The item was taken as read.

RC104/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the “Proxy for the HBRIC Ltd Annual General Meeting” staff report.

3. Notes the date of the Hawke’s Bay Regional Investment Company Limited Annual General Meeting is 9.30am on 22 November 2022.

4. Appoints councillor Will Foley to act as Council’s proxy at the Annual General Meeting of the Hawke’s Bay Regional Investment Company Limited to be held at 9.30am on Tuesday 22 November 2022, and to vote as proxy holder on behalf of the Council.

5. Appoints James Palmer to act as Council’s alternate.

Ormsby/Hokianga

CARRIED

The meeting closed with a karakia.

Closure:

There being no further business the Chair declared the meeting closed at 4.30pm on Wednesday, 16 November 2022

Signed as a true and correct record.

Date: 30 November 2022 by HBRC resolution Chair: Hinewai Ormsby

[1] The Council Members will follow the process for removing a chairperson or deputy chairperson in the Hawke’s Bay Regional Council Standing Orders. The Tāngata Whenua Members may decide upon their own process within a tikanga framework and are not obliged to follow the process in the Hawke’s Bay Regional Council Standing Orders.