Minutes of Regional Council Meeting - Wednesday, 14 December 2022

1. Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone to the meeting and introduced Tania Hopmans, Co-chair of the Regional Planning Committee and representative at this meeting.

Resolution

RC105/22 That the apologies for lateness from councillor Neil Kirton be accepted.

Ormsby/Siers

CARRIED

The Chair congratulated Chief Executive, James Palmer, on his appointment as Secretary and Chief Executive of the Ministry for the Environment.

2. Conflict of interest declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Regional Council meeting held on 30 November 2022

Was not considered.

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

2021-2022 Annual Report and summary

Chris Comber introduced the item and the auditors from Ernst & Young, Ahmed Sofe and David Borrie, in attendance online.

Neil Kirton joined the meeting at 1.42pm, online

· During the Covid-19 pandemic the timeframe for all public entities to adopt their annual reports was extended, and that reverts to the 31 October deadline next year.

· Three prior period adjustments, one being software as a service being an expense and not capitalised as an asset.

· Emphasis of matter will draw readers’ attention to the inherent uncertainties of measuring greenhouse gas emissions and will be included in all local authorities’ annual reports if they have an emissions measure in their performance information.

· Two small uncorrected audit differences

· Areas of audit focus included Infrastructure Assets and Property, Plant & Equipment due to their significance on Council’s balance sheet.

· Computer models (SkyTEM, LiDAR and groundwater models) determined as operational expenses and not intangible assets as don’t meet the six required criteria. Particular attention was paid to future economic benefit and the extent to which it is able to be quantified. Also from a comparative perspective, other regional councils have not capitalised these. Staff don’t believe the effects of not having that depreciation will be material.

· Community outcomes and levels of service measures as at 30 June, particularly around sufficient resources budgeted to meet the legislated timeframes for the Kotahi Plan and progress since then.

Neil Kirton left the meeting at 2.20pm

· Land and water outcomes including less contaminants into water bodies are currently reported as outputs. Once freshwater limits are set through Kotahi Council will be able to report outcomes resulting from projects on the land (e.g. Right Tree Right Place, erosion control) and the improvements made to water quality, for example, from water quality monitoring data.

· Expected that Kotahi issues and options piece would be brought together for decision-making in July-December 2023 however incredibly challenging for our governors to make the decisions at the pace and rate required to achieve statutory deadlines.

· Annual reports should be forward as well as backward looking.

RC106/22

Resolution

That Hawke’s Bay Regional Council:

1. Receives and notes the 2021-2022 Annual Report and Summary staff report.

2. Adopts the Hawke’s Bay Regional Council 2021-2022 Annual Report for publication.

Foley/Williams

CARRIED

Report and recommendations from the Biosecurity Working Party

Councillor Will Foley, as chair of the Biosecurity Working Party, introduced the item and provided a brief background. Discussions traversed:

· Concerns about the effectiveness of PCA given rising possum numbers initiated the process

· Councillors proposed change of focus to biodiversity gains for the entire region provided by effective possum control and potential to spread costs across urban populations that benefit as well

· Independent assessment of biosecurity functions proposed shift to contractor management as more effective and ability to take landscape scale, strategic approach which aren’t otherwise available

Neil Kirton re-joined the meeting in person at 2.44pm

· Delivery of a hybrid model very challenging and would require a very expensive monitoring programme.

· Conversation about a hybrid model and how to make that work has not been had as advocated by councillor van Beek and some submitters as majority of submitters were in favour of the change.

· As the management agency, HBRC can grant exemptions under the Regional Resource Management Plan – so will potentially be able to grant exemptions for some landowners successfully carrying out their own possum control.

· All of the evidence, cost-benefit analysis and information has been considered by the Biosecurity Working Party, which was established specifically to carry out the consultation and consider the submissions on Council’s behalf, in order to recommend the way forward to the Council.

· Predator free Mahia is an example of biodiversity benefits and this is proposed as a way for the Region to contribute to Predator Free 2050 NZ.

· Funding is a further decision point, for consultation through the Rates review and then the Long Term Plan.

· It was noted that councillors Jacqueline Taylor and Craig Foss were members of the Biosecurity Working Party initially.

RC107/22

Resolutions

The Biodiversity Working Party recommends that Hawke’s Bay Regional Council:

1. Receives the Report and recommendations of the Biosecurity Working Party staff report.

2. Adopts the Report and recommendations of the Biosecurity Working Party as the Council's written report and decision on the Proposed Changes to Possum Control in Hawke’s Bay under section 75 of the Biosecurity Act 1993.

3. Approves the amendment of the Hawke’s Bay Regional Pest Management Plan as set out in Appendix 1 of the Report and recommendations of the Biosecurity Working Party under section 100D(7) of the Biosecurity Act 1993.

4. Resolves to publicly notify Council's decision on the Proposed Changes to Possum Control in Hawke’s Bay under section 75(4) of the Biosecurity Act 1993 on 15 December 2022.

Reports received

5. Notes that the following reports were provided to the Biodiversity Working Party to support decision-making on the recommendations to Council.

5.1. Draft amendments to the Hawke’s Bay Regional Pest Management Plan 2018 - 2038

5.2. Impact on specific properties

5.3. PCA review submissions.

Mackintosh/Foley

Abstained: van Beek

CARRIED

Council appointments to the Regional Planning Committee

Desiree Cull introduced the item, which was taken as read.

RC108/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Council appointments to the Regional Planning Committee staff report.

2. Agrees that Council can exercise its discretion and make these decisions without consulting directly with the community.

3. Appoints the following Councillors to the Regional Planning Committee:

3.1. Di Roadley

3.2. Charles Lambert

3.3. Jerf van Beek

3.4. Martin Williams

3.5. Hinewai Ormsby

3.6. Xan Harding

3.7. Jock Mackintosh

3.8. Thompson Hokianga

3.9. Will Foley.

Ormsby/Williams

CARRIED

4. Resolves to adopt voting system B for the election of the Regional Planning Committee Co-chair and Deputy Co-chair as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.

Ormsby/Williams

CARRIED

4.1 Councillor Martin Williams nominates councillor Hinewai Ormsby for Regional Planning Committee Co-chair, seconded by councillor Sophie Siers.

4.2 There being no further nominations, councillor Hinewai Ormsby is appointed Regional Planning Committee Co-chair.

4.3 Councillor Xan Harding nominates councillor Thompson Hokianga for Regional Planning Committee deputy co-chair, seconded by councillor Jock Mackintosh.

4.4 There being no further nominations, councillor Thompson Hokianga is appointed Regional Planning Committee Deputy Co-chair.

5. Notes that the Council will appoint a tenth Councillor as a member of the Regional Planning Committee following receipt of notice from each of the Tāngata Whenua Appointers that they have made their appointments, thus the maximum of ten tāngata whenua appointees have been confirmed.

6. Formally confirms the Post Settlement Governance Entity tāngata whenua appointees’ election of Tania Hopmans to Co-chair and Apiata Tapine to Deputy Co-chair the Regional Planning Committee.

Ormsby/Foley

CARRIED

Napier-Hastings Future Development Strategy Joint Committee

Gavin Ide introduced the item, which was taken as read. Discussions traversed:

· Any changes to the Terms of Reference will need to be agreed by both NCC and HDC before being included

· The joint committee would operate similar to a sub-committee model in hearing submissions and then making recommendations to the three individual councils for decisions.

· Primarily, the strategy decisions’ translation into policies and rules will be through the district plans.

· Composition of the Technical Advisory Group will change over time as specific expertise needs to be drawn into the process, including project management, policy, regulation and transport.

· Costs for the associated resources, including tangata whenua participation, will be split evenly between the three councils’ “spatial planning” projects. Unbudgeted in 2021-31 LTP so TAG is working on budgets to bring to each of the partner councils.

RC109/22

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Napier-Hastings Future Development Strategy Joint Committee staff report.

2. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

3. Agrees to appoint, on the basis set out in the Terms of Reference proposed, the Napier-Hastings Future Development Strategy Joint Committee, being a Joint Committee established under Clause 30 of the Local Government Act 2002 with the Hastings District Council and the Napier City Council.

4. Subject to the agreement of the Hastings District Council and the Napier City Council to the appointment of the Napier-Hastings Future Development Strategy Joint Committee:

4.1. appoints the Napier-Hastings Future Development Strategy Joint Committee, being a Joint Committee established under Clause 30 of Schedule 7 of the Local Government Act 2002, with the Hastings District Council and the Napier City Council.

4.2. approves the Terms of Reference for the Napier-Hastings Future Development Strategy Joint Committee as proposed, noting that the Terms of Reference is an agreement between the Hastings District Council, the Hawke’s Bay Regional Council and the Napier City Council as required under Clause 30A of Schedule 7 of the Local Government Act 2002.

4.3. appoints councillors Jock Mackintosh and Sophie Siers as its representatives on the Napier-Hastings Future Development Strategy Joint Committee.

4.4. appoints councillor Martin Williams as its alternate representative on the Napier-Hastings Future Development Strategy Joint Committee.

4.5. delegates authority to and invites, in conjunction with the Hastings District Council and the Napier City Council, the Heretaunga Tamatea Settlement Trust, Mana Ahuriri Trust and Maungaharuru-Tangitū Trust to appoint Mana Whenua representatives to the Napier-Hastings Future Development Strategy Joint Committee as provided for in the Terms of Reference, and notes that these appointments will take effect once they have been notified to the Chief Executive of the Administering Authority, Hastings District Council.

5. Authorises the Chief Executive to give effect to resolution 2 above following receipt of advice from the Hastings Council and the Napier City Council that they have each agreed to appoint the Napier-Hastings Future Development Strategy Joint Committee.

6. Proposes that the Terms of Reference is amended to include at least two voting members of the Regional Transport Committee in the membership of the Joint Committee, through the addition of:

4.1.4 Hawke’s Bay Regional Transport Committee *

* unless represented by 1 or more partner council elected persons appointed (excluding alternates)

Williams/van Beek

CARRIED

Organisational Performance report for the Period 1 July – 30 September 2022

Sarah Bell introduced the item, which normally goes to the Corporate and Strategic Committee meeting. Discussions covered:

· Challenges associated with the My Way trial

· Health & Safety incidents increased from 3 to 6; all incidents are investigated to ensure that appropriate processes have been followed and policies adhered to

· optimisation of the on demand public transport model will be worked through for the next LTP process

· using different means of recruitment to increase interest and fill vacancies

RC110/22

Resolution

That Hawke’s Bay Regional Council receives and notes the Organisational performance report for the period 1 July – 30 September 2022 staff report.

Harding/van Beek

CARRIED

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

12.

Quarterly Treasury report for the period 1 July - 30 September 2022

Susie Young introduced the item, which was taken as read. Investment returns have improved but are still less than originally forecast.

RC111/22

Resolution

That Hawke’s Bay Regional Council receives and notes the Quarterly Treasury report for the period 1 July - 30 September 2022.

Kirton/Hokianga

CARRIED

11.

Confirmation of Public Excluded minutes of the Council meeting held on 30 November 2022

RC112/22

Resolution

That Hawke’s Bay Regional Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 11 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.
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.

van Beek/Siers

CARRIED

13.

Recommendations for the Appointment of HBRIC Councillor Directors

RC113/22

Resolutions

1. That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 13 Recommendations for the appointment of HBRIC councillor directors 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
Recommendations for the appointment of HBRIC councillor directors	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 Wendie Harvey, independent member of the Council Appointments Committee, remains in attendance for this item as a subject matter expert.

van Beek/Siers

CARRIED

Tania Hopmans left the meeting at 4.28pm

The meeting went into public excluded session at 4.28pm and out of public excluded session at 5.13pm

A karakia was offered to close the meeting.

Closure:

There being no further business the Chair declared the meeting closed at 5.14pm on Wednesday, 14 December 2022.

Signed as a true and correct record.

Date: 25 January 2023 HBRC resolution Chair: Hinewai Ormsby