Meeting of the
Hawke's Bay Regional Council
Date: 30 November 2022
Time: 1.30pm
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Venue:
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Council
Chamber
Hawke's
Bay Regional Council
159
Dalton Street
NAPIER
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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
Hawke’s Bay Regional
Council
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.
Recommendations
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:
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Leeanne Hooper
Team Leader Governance
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Approved by:
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James Palmer
Chief Executive
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Attachment/s
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1
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2022 proposed Code of Conduct for
HBRC
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under separate cover
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2
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LGNZ - The Good Governance Guide
2022
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under separate cover
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Hawke’s
Bay Regional Council
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:
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Leeanne Hooper
Team Leader Governance
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Approved by:
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James Palmer
Chief Executive
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Attachment/s
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1⇩
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2023 proposed meeting schedule for adoption
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Hawke’s
Bay Regional Council
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.
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Date
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1.2
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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
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24
November 2022
24
November 2022
24
November 2022
24
November 2022
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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:
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Vanessa Fauth
Finance Manager
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Diane Wisely
Executive Assistant
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Approved by:
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James Palmer
Chief Executive
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Attachment/s
There are no attachments for this
report.
