Minutes of Regional Council Meeting - Wednesday, 30 November 2022

1. Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone to the meeting.

Apologies for lateness from councillor Martin Williams were noted.

2. Conflict of Interest Declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Regional Council meeting held on 16 November 2022

Resolution

Minutes of the Regional Council meeting held on Wednesday, 16 November 2022, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Foley/Harding

CARRIED

4.	Call for minor items not on the Agenda
	There were no items raised.

Adoption of Code of Conduct for elected members

James Palmer introduced the item, which was taken as read. Queries and discussions traversed:

· New improved version using LGNZ template with big differences being explicit references to te Tiriti obligations and unlawful discrimination

· The document also references LGNZ Good Governance Principles which has also been provided to councillors.

RC105/22

Resolutions

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.

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).

Ormsby/Siers

CARRIED unanimously

2023 Schedule of meetings for adoption

James Palmer introduced the item, noting the busy schedule of meetings and workshops including two new joint committees proposed for climate action and regional spatial planning. The item was taken as read and it was noted that the schedule may be amended during the year to meet workload demands, particularly All Governors Forum for progress on the Kotahi plan.

RC106/22

Resolutions

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 change as required and to agreement with the Regional Planning and Māori Committee Co-chairs.

Lambert/Mackintosh

CARRIED

Affixing of the Common Seal

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.

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))

4530

4527

4528

4529

24 November 2022

RC107/22

Resolutions

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.

Kirton/van Beek

CARRIED

Summary report from the 23 September 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting

Jerf van Beek introduced the item, advising the joint committee is moving into a heavy workload stage to take the Strategy from draft to final for adoption, which will require meetings every 6 weeks for the first half of 2023. It was noted that councillors will be briefed on the Clifton to Tangoio Coastal Hazards Strategy in January.

RC108/22

Resolution

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.

van Beek/Kirton

CARRIED

9.	Discussion of minor items not on the Agenda
	There were no issues raised.

10.

Napier Port update and Annual General Meeting

James Palmer introduced the item and clarified the reasons why the item would be considered in Public Excluded session.

RC109/22

Resolutions

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)(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.

2. That Alasdair MacLeod (Chair), Todd Dawson (CE) and Kristen Lie (CFO), representing Napier Port, and Dan Druzianic (Chair) representing HBRIC remain in attendance for this item as subject matter experts.

Harding/van Beek

CARRIED

11.

Process for director appointments to Hawke’s Bay Regional Investment Company

RC110/22

Resolution

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.

Harding/van Beek

CARRIED

Councillor Martin Williams joined the meeting at 1.50pm.

The meeting went into public excluded session at 1.50pm and out of public excluded session at 3.51pm

The group offered a karakia to close the meeting.

Closure:

There being no further business the Chair declared the meeting closed at 3.52pm on Wednesday, 30 November 2022.

Signed as a true and correct record.

Date: 25 January 2023 HBRC resolution Chair: Hinewai Ormsby