Agenda of Extraordinary Regional Council Meeting

Extraordinary Meeting of the Hawke's Bay Regional Council

Date: 8 March 2023

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 25 January 2023

4. Cyclone Gabrielle presentation

Decision Items

5. 2022-2025 Triennial Agreement for Hawke's Bay 3

6. Napier-Hastings Future Development Strategy Joint Committee Terms of Reference 21

7. Report and recommendations from the Māori Committee 35

8. Affixing of the Common Seal 51

Decision Items (Public Excluded)

9. HBRIC Ltd Independent Director appointments 53

10. Potential Sale of Wellington Leasehold Property 55

Hawke’s Bay Regional Council

8 March 2023

Subject: 2022-2025 Triennial Agreement For Hawke's Bay

Reason for Report

1. This agenda item provides the 2022-2025 Triennial Agreement for adoption.

Officers’ Recommendations

2. Council officers recommend that the Regional Council adopts the Triennial Agreement as proposed.

Background

3. In accordance with s.15 of the Local Government Act, all local authorities within Hawke’s Bay are required to adopt a Triennial Agreement no later than 1 March after each election.

4. The content of the Triennial Agreement is prescribed. It must include:

4.1. protocols for communication and co-ordination among the local authorities; and

4.2. a statement of the process by which the local authorities will comply with section 16 in respect of proposals for new regional council activities; and

4.3. processes and protocols through which all local authorities can participate in identifying, delivering, and funding facilities and services of significance to more than one district.

5. An agreement under this section may also include—

5.1. commitments by local authorities within the region to establish or continue one or more joint committees or other joint governance arrangements to give better effect to one or more of the matters referred to in subsection (2); and

5.2. the matters to be included in the terms of reference for any such committees or arrangements, including any delegations.

6. The Triennial Agreement may be varied by agreement between all the local authorities within the region.

7. An agreement remains in force until it is replaced by another agreement.

Parties to the agreement

8. There are five primary signatories to the Hawke’s Bay Triennial Agreement – the Wairoa, Hastings and Central Hawke’s Bay District councils, the Napier City Council and the Hawke’s Bay Regional Council. In addition, there are two non-primary signatories – the Rangitikei and Taupō District councils.

Process

9. Towards the end of the 2019-2022 triennium in July 2022, elected members from the five primary councils and Māori Committee Chairs, met as part of Regional Collaboration Day to reflect on the region’s successes and identify future focus areas for the new triennium.

10. Post-election on 21 November 2022, newly elected members from the five councils held another Regional Collaboration Day to, amongst other things, set joint priorities for the current triennium.

11. At the 21 November 2022 Regional Collaboration Day participants prioritised investment in the following areas (noting they are interrelated and the first two priority areas are necessary to support the achievement of the other three areas):

11.1. Regional Spatial Planning

11.2. Collaboration

11.3. Climate Change and Water

11.4. Transport

11.5. Housing.

12. The document from the previous triennium was used as the basis for the version proposed for adoption today with updated priorities (as noted above) and new joint committees for Climate Change and Future Development Planning. The other change of note was the inclusion of a principle recognising the obligations to the Treaty of Waitangi (Te Tiriti) and to provide opportunities for Māori to contribute to local decision-making.

13. At the time of writing staff are aware that, so far, the Wairoa District, Napier City, Rangitikei District and Taupō District councils have considered the Agreement. Wairoa District Council considered a marked-up version on 7 February 2023 with a recommendation that final sign-off be delegated to the Mayor and CE. Rangitikei District Council adopted the Agreement on 22 February 2023. Napier City Council adopted the Triennial Agreement at an extra-ordinary meeting of Council held on 23 February. It was on Taupō District Council’s agenda on 28 February for adoption. Hastings District Council is scheduled to consider it on 2 March and Central Hawke’s Bay District Council on 23 March.

Financial and Resource Implications

14. There are no direct budget implications related to the adoption of the Triennial Agreement.

Decision Making Process

15. 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:

15.1. The decision does not significantly alter the service provision or affect a strategic asset.

15.2. A Triennial Agreement is a legislative requirement contained within the Local Government Act, so there is no option for Council to not agree a new Agreement for the current triennium.

15.3. 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 2022-2025 Triennial Agreement for Hawke's Bay 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. Adopts the Hawke’s Bay Region Triennial Agreement for the Triennium October 2022-2025 as proposed.

Authored by:

Desiree Cull

Strategy & Governance Manager

Approved by:

Pieri Munro

Acting Chief Executive

Attachment/s

1 ⇩

2022-25 Hawke's Bay Triennial Agreement for Adoption

Hawke’s Bay Regional Council

8 March 2023

Subject: Napier-Hastings Future Development Strategy Joint Committee Terms of Reference

Reason for Report

1. This agenda item provides the means for the Council to consider and adopt an updated version of the Terms of Reference for the Napier-Hastings Future Development Strategy Joint Committee.

Officers’ Recommendations

2. Council officers recommend that the Council agrees to adopt the updated terms of reference (TOR) for the Napier-Hastings Future Development Strategy Joint Committee as adopted by both Napier City Council and Hastings District Council.

Executive Summary

3. At its meeting on 14^th December 2022, the Council agreed to Terms of Reference for a newly established joint committee to be known as the ‘Napier Hastings Future Development Strategy Joint Committee.’ The joint committee would have members from the three councils (the Regional Council, Hastings District and Napier City), plus three Treaty settlement trusts (being the Heretaunga Tamatea Settlement Trust, Mana Ahuriri Trust, and Maungaharuru-Tangitū Trust).

4. Also, at its meeting on 14 December 2022, the Council agreed to appoint Councillors Jock Mackintosh and Sophie Siers as its members of the joint committee and to appoint Councillor Martin Williams as its alternate member.

5. Shortly after the Regional Council agreed to those TOR, Napier City Council adopted similar TOR, but with some amendments. Hastings District Council did the same.

6. Therefore, it is necessary for the Council to consider and adopt the updated TOR (refer Attachment 1) so all three councils are in agreement to an identical TOR for the new joint committee. This report presents the updated TOR for Council’s consideration.

Summary of TOR amendments by Napier City Council (NCC) and Hastings District Council (HDC)

7. NCC adopted TOR for the FDS Joint Committee at its meeting on the morning of 15 December 2022. HDC adopted updated TOR at its meeting in the afternoon of 15 December 2022. In summary, the amended version adopted by both NCC and HDC feature:

7.1. A new clause 4.3 added to specify that one of the six Partner Council representatives will be a member of the Regional Transport Committee.

7.2. Clause 5.1 – order of sub-clauses 1 and 2 changed

7.3. Clauses 8.2 and 8.3 – additions to specify the source of policy for payments to Mana Whenua representatives and the review and adjustment will take place in line with the review and adjustment of the source policy.

8. HBRC has already adopted the amendment referred in paragraph 7.1, but not those as summarised in paragraphs 7.2 and 7.3.

9. Conveniently, one of the members appointed by HDC is a member of the Regional Transport Committee to satisfy the new Clause 4.3 requirement (being Deputy Mayor Tania Kerr).

10. The amended clauses have been highlighted in Attachment 1 to this report.

Options Assessment

11. The Council essentially has two options:

11.1. to agree to the updated TOR

11.2. to not agree to the updated TOR, instead retaining the TOR as adopted at its meeting on 14 December 2022.

12. Adopting the updated TOR would be the simplest and cleanest arrangement to enable the joint committee to operate with a single consistent TOR agreed to by all three partner councils. Not adopting the updated version, as Hastings District and Napier City councils have already done, would create a virtually untenable position that could threaten the purpose and function of the joint committee.

Strategic Fit

13. The ‘strategic fit’ with HBRC’s strategic plan and goals associated with establishing the joint committee and developing a future development strategy has been outlined in earlier briefing papers.

14. The ‘strategic fit’ remains largely the same even if the Council were to adopt the updated terms of reference.

Significance and Engagement Policy Assessment

15. Alignment with the Council’s Significance and Engagement Policy has been previously assessed and outlined in earlier briefing papers.

16. That alignment remains largely the same even if the Council were to adopt the updated terms of reference.

Financial and Resource Implications

17. Financial and resource implications of establishing the joint committee and developing a future development strategy have been outlined in earlier briefing papers.

18. The financial and resource implications for adopting the updated terms of reference are very similar to those already anticipated for establishing and operating the FDS Joint Committee.

Decision Making Process

19. 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:

19.1. Council is required to (LGA sch.7 cl.19(1)) hold the meetings that are necessary for the good government of its region

19.2. Council may appoint (LGA sch.7 cl. 30(1)(a)) the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate, including joint committees

19.3. 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 Napier-Hastings Future Development Strategy Joint Committee Terms of Reference staff report.

3. Approves the updated Terms of Reference for the Napier-Hastings Future Development Strategy Joint Committee, 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.

Authored by:

Gavin Ide

Principal Advisor Strategic Planning

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

1 ⇩

December 2022 updated Napier-Hastings Future Development Strategy Joint Committee Terms of Reference

Hawke’s Bay Regional Council

8 March 2023

Subject: Report and recommendations from the Māori Committee

Reason for Report

1. This item provides a summary of discussions at the 8 February 2023 Māori Committee meeting along with recommendations for Council’s consideration, and provides the opportunity for the Māori Committee Co-chairs to add additional context as they wish.

Officers’ Recommendations

2. Council officers recommend that the Council resolves the recommendations as proposed as all items were specifically considered by the Māori Committee.

Discussion

3. The agenda items considered by the Māori Committee were largely related to its establishment and the appointment of its representatives, with the exception of the Freshwater Management Units item.

4. The Freshwater Management Units item sought the Māori Committee’s endorsement of the proposed six FMUs for the region. FMUs are used to report freshwater accounting to Central Government as prescribed by the NPS-FM however do not prevent additional layers, such as sub FMUs or overlays being applied to manage at a smaller scale, for example for mātauranga monitoring.

Decision Making Process

5. 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 all of the decisions were specifically considered by the Māori Committee on 8 February 2023 and are now the subject of the following recommendations to Council.

Recommendations

The Māori Committee recommends that Hawke’s Bay Regional Council:

1. Receives and notes the Report and recommendations from the Māori Committee.

Māori Committee Chair

3. Confirms that Mike Paku and Katarina Kawana are the Māori Committee Co-chairs.

Māori Committee Terms of Reference and Charter

4. Confirms the Terms of Reference for the Committee as adopted by the Regional Council on 16 November 2022.

5. Recommends the Charter between the Committee and the Regional Council as proposed (attached), incorporating amendments agreed today, to Hawke’s Bay Regional Council for adoption and signing.

Appointment of Taiwhenua representatives to the Māori Committee

6. Confirms the appointments to the Māori Committee of:

6.1. Katarina Kawana and Henare Mita representing Wairoa Taiwhenua

6.2. Paul Kelly representing Wairoa Kahungunu Executive, with Teresa Smith as the alternate member for the Wairoa rohe

6.3. Haami Hilton, Marei Apatu and Michael Paku representing Te Taiwhenua o Heretaunga, with Ana Te Whaiti as the alternate member

6.4. Bayden Barber representing the Ngāti Kahungunu Iwi Incorporated Board with an alternate member to be advised

6.5. Three positions representing Tamatea Taiwhenua and an alternate member to be advised

6.6. Peter Eden, Api Robin and Rose Hiha representing Te Taiwhenua o Te Whanganui-a-Orotū, with an alternate member to be advised.

Nomination of Māori Committee representatives to Council’s committees

7. Confirms the following appointments:

7.1. Peter Eden as a member of the Corporate and Strategic Committee

7.2. Katarina Kawana as a member of the Environment and Integrated Catchments Committee

7.3. Api Robin as an Advisory Member of the Regional Transport Committee

7.4. A representative of Tamatea Taiwhenua to be confirmed and Paul Kelly as members of the Climate Action Joint Committee, and Marei Apatu as alternate.

7.5. Co-chairs Katarina Kawana and Mike Paku to the Regional Council with full speaking rights.

Freshwater Management Units

8. Considers the six FMUs proposed for the region (as depicted following) as endorsed by the Māori Committee.

9. Notes that the following reports for information were presented to the Māori Committee:

9.1. Kotahi and All Governors Forum

9.2. January 2023 Statutory Advocacy update.

Authored by:

Leeanne Hooper

Team Leader Governance

Jack Smith-Ballingall

Manager, Central And Internal Relationships

Approved by:

Pieri Munro

Acting Chief Executive

Attachment/s

1 ⇩	2022-25 Māori Committee Terms of Reference adopted 8 February 2023
2 ⇩	2023 adopted Māori Committee Charter

Hawke’s Bay Regional Council

8 March 2023

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.

Seal No.

Date

1.1

Staff Warrants

1.2.1 P. Munro

(Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); Maritime Transport Act 1994 (Section 33G(a); Biosecurity Act 1993 (Sections 103 and 105); Local Government Act 2002 (Section 177)) and Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908

4533

10 February 2023

1.2

Regional Pest Management Plan 2018-2038

4534

10 February 2023

2. The Common Seal is used twice during a Leasehold Land Sale, once on the Sale and Purchase Agreement and once on the Land Transfer document. More often than not, there is a delay between the second issue (Land Transfer document) of the Common Seal per property. This delay could result in the second issue of the Seal not appearing until the following month.

3. As a result of sales, the current numbers of Leasehold properties owned by Council are:

3.1. No cross lease properties were sold, with 63 remaining on Council’s books

3.2. No single leasehold property was sold, with 75 remaining on Council’s books.

Decision Making Process

4. 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:

4.1. Sections 97 and 88 of the Act do not apply

4.2. 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, 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.

2. Confirms the action to affix the Common Seal.

Authored by:

Diane Wisely

Executive Assistant

Vanessa Fauth

Finance Manager

Approved by:

Pieri Munro

Acting Chief Executive

Attachment/s

There are no attachments for this report.

Hawke’s Bay Regional Council

08 March 2023

Subject: HBRIC Ltd Independent Director appointments

That the Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 9 HBRIC Ltd Independent Director appointments 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 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
HBRIC Ltd Independent Director appointments	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:

Tom Skerman

HBRIC Commercial Manager

Approved by:

Susie Young

Group Manager Corporate Services

Hawke’s Bay Regional Council

08 March 2023

Subject: Potential sale of Wellington leasehold property

That Hawke’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 10 Potential aale of Wellington leasehold property, 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
Potential Sale of Wellington Leasehold Property	s7(2)(i) 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 enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Authored by:

Jess Bennett

Treasury & Investments Accountant

Chris Comber

Chief Financial Officer

Approved by:

Susie Young

Group Manager Corporate Services