Meeting of the Hawke's Bay Regional Council
Date: 30 November 2022
Time: 1.30pm
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Agenda
Item Title Page
1. Welcome/Karakia/Apologies/Notices
2. Conflict of interest declarations
3. Confirmation of Minutes of the Regional Council Meeting held on 16 November 2022
4. Call for Minor Items Not on the Agenda 3
Decision Items
5. Adoption of Code of Conduct for elected members 5
6. 2023 schedule of meetings for adoption 9
7. Affixing of the Common Seal 13
Information or Performance Monitoring
8. Summary report from the 23 September 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting 15
9. Discussion of minor items not on the Agenda 19
Decision Items (Public Excluded)
10. Napier Port update and Annual General Meeting 21
11. Process for Director appointments to Hawke’s Bay Regional Investment Company 23
30 November 2022
Subject: Call for minor items not on the Agenda
Reason for report
1. This item provides the means for councillors to raise minor matters relating to the general business of the meeting they wish to bring to the attention of the meeting.
2. Hawke’s Bay Regional Council standing order 9.13 states:
2.1. “A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.”
Recommendations
3. That Council accepts the following Minor items not on the Agenda for discussion as Item 9.
Topic |
Raised by |
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Leeanne Hooper Governance Team Leader |
James Palmer Chief Executive |
30 November 2022
Subject: Adoption of Code of Conduct for elected members
Reason for Report
1. This item provides the means for the Council to adopt its Code of Conduct for elected members.
Executive Summary
2. The Council is required, by the Local Government Act (LGA), to adopt a Code of Conduct.
3. The Code of Conduct is designed to ensure that Councils’ governance is undertaken with the highest degree of integrity while also providing a safe and rewarding environment in which all elected members can thrive.
4. Once adopted, the code continues in force until amended by the Council. It can be amended at any time but cannot be revoked unless the Council replaces it with another code. Amendments require a resolution supported by 75 per cent of the councillors present at the Council meeting at which the amendment is considered.
Background
5. Schedule 7 Part 15 of the Local Government Act 2002 states:
15. Code of conduct—
(1) A local authority must adopt a code of conduct for members of the local authority as soon as practicable after the commencement of this Act.
(2) The code of conduct must set out—
(a) understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members, including—
(i) behaviour toward one another, staff, and the public; and
(ii) disclosure of information, including (but not limited to) the provision of any document, to elected members that—
(A) is received by, or is in the possession of, an elected member in his or her capacity as an elected member; and
(B) relates to the ability of the local authority to give effect to any provision of this Act; and
(b) a general explanation of—
(i) the Local Government Official Information and Meetings Act 1987; and
(ii) any other enactment or rule of law applicable to members.
(3) A local authority may amend or replace its code of conduct, but may not revoke it without replacement.
(4) A member of a local authority must comply with the code of conduct of that local authority.
(5) A local authority must, when adopting a code of conduct, consider whether it must require a member or newly elected member to declare whether or not the member or newly elected member is an undischarged bankrupt.
(6) After the adoption of the first code of conduct, an amendment of the code of conduct or the adoption of a new code of conduct requires, in every case, a vote in support of the amendment of not less than 75% of the members present.
6. Local Government New Zealand has developed and provided Code of Conduct templates, to provide national consistency, since 2016.
7. The updated template, for the 2022-2025 triennium, incorporates changes based on feedback received since the 2016 and 2019 versions were published. A significant change to the 2022 template is the focus on managing specific types of behaviours, such as bullying or harassment, regardless of the place or platform on which the councillor is engaging, such as social media, in meetings, or interactions between councillors. The following have also been added to the template:
7.1. An explicit description of unacceptable behaviours
7.2. An acknowledgement of Te Tiriti o Waitangi as a founding document for Aotearoa New Zealand and a description of Te Tiriti principles and how they apply to councils
7.3. An acknowledgement of the principles of good governance (the Nolan principles), drawn from the UK Government’s Committee on Standards in Public Life and the findings of the 1994 Nolan Inquiry[1]
7.4. An updated approach to investigating and assessing alleged breaches designed to ensure the process is independent and focused on serious rather than minor or trivial complaints.
8. It is worth noting that the Code:
8.1. Complements specific statutes, such as the Local Government and Meetings Act 1987 (LGOIMA), designed to ensure openness and transparency
8.2. Cannot be revoked without replacement and
8.3. Once adopted, must be complied with by all councillors.
9. The objective of the Code is to enhance:
9.1. the effectiveness of the Council as the autonomous local authority with statutory responsibilities for the good local government of the region
9.2. the credibility and accountability of the Council within its community
9.3. mutual trust, respect and tolerance between the councillors as a group and between the councillors and management.
Considerations
10. In terms of the 2022 Code, staff have taken a ‘clean slate’ approach by using the LGNZ template as presented, without amendment, to enable this Council to have a fresh start, unencumbered by past councils’ issues or preferences.
11. Should the Council be of a mind to incorporate some or all of the previous Council’s Code of Conduct, however, staff will incorporate those amendments agreed by majority at the meeting into a finalised version to be presented to the 14 December 2022 meeting for adoption. So that councillors can compare the two versions, staff have uploaded the 2019 Code of Conduct to Stellar and can provide hard copies on request.
Decision Making Process
12. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded that because the adoption of a Code of Conduct is a statutory obligation for Council in accordance with Schedule 7 of the Act the other decision-making provisions do not apply.
That Hawke’s Bay Regional Council:
1. Receives and considers the Adoption of Code of Conduct for elected members staff report.
2. Agrees that the decisions to be made are required by the Local Government Act, and that Council can therefore exercise its discretion and make decisions on this issue without conferring with the community.
3. Notes that Council may review the Code at any time, notwithstanding the fact that 75% of those present and voting must agree to amendments.
either
4. Adopts the proposed Code of Conduct for elected members for the 2022-2025 triennium, incorporating amendments agreed at the 30 November 2022 Regional Council meeting. (by majority of not less than 75% of members present and voting).
Or
5. Instructs staff to incorporate the following from the 2019 Code of Conduct into the 2022 Code of Conduct as agreed today, and present the finalised Code for adoption at the 14 December 2022 Regional Council meeting.
5.1. Section ______ page(s) _____
5.2. Section ______ page(s) _____
5.3. ________________________
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
James Palmer Chief Executive |
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2022 proposed Code of Conduct for HBRC |
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under separate cover |
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2 |
LGNZ - The Good Governance Guide 2022 |
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under separate cover |
30 November 2022
Subject: 2023 schedule of meetings for adoption
Reason for Report
1. This item proposes the schedule of meetings for Council and its committees for the upcoming year for adoption.
Background
2. The proposed schedule incorporates meeting frequencies included in the Terms of Reference for committees as adopted on 16 November 2022 as well as:
2.1. One Regional Council meeting scheduled on the last Wednesday of each month
2.2. HB CDEM Group Joint Committee and proposed Climate Action Joint Committee meetings coordinated to occur on the same day as Regional Leaders’ Forum meetings, three to four times per year
2.3. Corporate & Strategic Committee scheduled quarterly aligned with organisational performance (including financial) reporting and Audit timeframes
2.4. Regional Transport Committee (RTC) meetings scheduled on a Friday, four times per year
2.5. Clifton to Tangoio Coastal Hazards Strategy Joint Committee meetings scheduled every six weeks.
3. The proposed 2023 schedule of meetings (attached) has been developed taking the following additional factors into consideration.
3.1. With the exception of CDEM, RTC and Joint Committee meetings, all meetings to be held on a Wednesday
3.2. One week of each school holiday period is kept free of meetings
3.3. The entire July school holidays kept free of meetings
3.4. All Governors Forum scheduled monthly for the first half of 2023, with less Māori Committee meetings quarterly and Regional Planning Committee to be scheduled as required for decision-making.
Decision Making Process
4. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
4.1. The Council is required to (LGA sch.7 cl.19(1)) hold the meetings that are necessary for the good government of its region.
4.2. Adoption of a schedule of meetings is specifically provided for under Schedule 7, Part 1, Section 21.
5. Given the provisions above, Council can exercise its discretion and make these decisions without consulting directly with the community or others having an interest in the decision.
Recommendations
That Hawke’s Bay Regional Council:
1. Receives and considers the 2023 schedule of meetings for adoption 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 consulting directly with the community or others likely to have an interest in the decision.
3. Adopts the 2023 schedule of meetings as proposed, subject to agreement with the Regional Planning and Māori Committee Co-chairs.
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
James Palmer Chief Executive |
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1⇩ |
2023 proposed meeting schedule for adoption |
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30 November 2022
Subject: Affixing of the Common Seal
Reason for Report
1. The Common Seal of the Council has been affixed to the following documents and signed by the Chair or Deputy Chair and Chief Executive or a Group Manager.
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Seal No. |
Date |
1.2 |
Staff Warrants 1.2.1 M. Wilkinson (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); Maritime Transport Act 1994 (Section 33G(a); Building Act 2004 (Section 317B); Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92) and Local Government Act 2002 (Section 177))
1.2.2 N. Alexander J. Diphoorn (Delegations under the Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92) and Local Government Act 2002 (s.177))
1.2.3 P. Helmer (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under the Civil Defence Emergency Management Act 2002 (s.86-92 inclusive) and Local Government Act 2002 (section 177))
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4530
4527 4528
4529 |
24 November 2022
24 November 2022 24 November 2022
24 November 2022 |
Decision Making Criteria
2. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:
2.1. Sections 97 and 88 of the Act do not apply
2.2. Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided
4.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.
Recommendations
That Hawke’s Bay Regional Council:
1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.
2. Confirms the action to affix the Common Seal.
Authored by:
Vanessa Fauth Finance Manager |
Diane Wisely Executive Assistant |
Approved by:
James Palmer Chief Executive |
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30 November 2022
Subject: Summary report from the 23 September 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting
Reason for Report
1. This item provides a summary of discussions (attached) that took place at the 23 September 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting for the Council’s information.
Decision Making Process
2. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision-making provisions do not apply.
That Hawke’s Bay Regional Council receives and notes the Summary report from the 23 September 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting.
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Authored by:
Simon Bendall Coastal Hazards Strategy Project Manager |
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Approved by:
Chris Dolley Group Manager Asset Management |
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1⇩ |
Coastal Hazards Joint Committee 23 September 2022 meeting summary |
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30 November 2022
Subject: Discussion of minor items not on the Agenda
Reason for Report
1. This document has been prepared to assist Councillors note the Minor items not on the Agenda to be discussed as determined earlier in Agenda item 6.
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30 November 2022
Subject: Napier Port update and Annual General Meeting
1. That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 10 Napier Port update and Annual General Meeting with the general subject of the item to be considered while the public is excluded. The reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are:
General subject of the item to be considered |
Reason for passing this resolution |
Grounds under section 48(1) for the passing of the resolution |
Napier Port update and Annual General Meeting |
s7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. s7(2)(j) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. |
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |
2. That Alasdair MacLeod (Chair), Todd Dawson (CE) and Kristen Lie (CFO), representing Napier Port, remain in attendance for this item as subject matter experts.
Authored by:
Tom Skerman HBRIC Commercial Manager |
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Approved by:
Susie Young Group Manager Corporate Services |
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30 November 2022
Subject: Process for Director appointments to Hawke’s Bay Regional Investment Company
That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 11 Process for Director appointments to Hawke’s Bay Regional Investment Company with the general subject of the item to be considered while the public is excluded. The reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are:
General subject of the item to be considered |
Reason for passing this resolution |
Grounds under section 48(1) for the passing of the resolution |
Process for Director appointments to Hawke’s Bay Regional Investment Company |
s7(2)(a) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to protect the privacy of natural persons. |
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |
Authored by:
Susie Young Group Manager Corporate Services |
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Approved by:
James Palmer Chief Executive |
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