Meeting of the Hawke's Bay Regional Council
Date: 26 April 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 29 March 2023
4. Call for minor items not on the Agenda 3
Decision Items
5. Independent review of HBRC's Flood Assets' performance during Cyclone Gabrielle 5
6. Chief Executive Appointments 13
7. Report and recommendations from the Corporate and Strategic Committee 15
8. Affixing of the Common Seal 19
Information or Performance Monitoring
9. Strategic projects report for February and March 2023 23
10. Significant organisational activities through May 2023 29
11. Discussion of minor items not on the Agenda
Decision Items (Public Excluded)
12. Confirmation of Public Excluded Minutes of the Regional Council meeting held on 29 March 2023 37
26 April 2023
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 11.
Topic |
Raised by |
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Leeanne Hooper Governance Team Leader |
Desiree Cull Strategy & Governance Manager |
26 April 2023
Subject: Independent review of HBRC's Flood Assets' performance during Cyclone Gabrielle
Reason for Report
1. This agenda item seeks the Council’s confirmation of the Terms of Reference for an independent review of the performance of HBRC’s flood protection and drainage assets during Cyclone Gabrielle, and to test whether drainage (maintenance) schemes remain fit for purpose in some catchments.
Officers’ Recommendations
2. Council officers recommend that the Council resolves a Terms of Reference that aligns with the broad intent of Council in undertaking the review, and delegates the Interim Chief Executive to finalise the Terms of Reference and the appointment of suitably qualified Review Panel members.
Executive Summary
3. Hawke’s Bay Regional Council (HBRC) wishes to record its intention in relation to an independent review. This Terms of Reference is intended to provide transparency for those members and organisations of the Hawke’s Bay community affected by the flood event, as well as stakeholders more generally, including relevant government ministers, in setting out the scope of the review to be undertaken by an independent Review Panel.
Background /Discussion
4. Cyclone Gabrielle was a Category 3 tropical cyclone, originating from the Coral Sea that tracked towards the north-east of the North Island of New Zealand. The most severe weather impacted Hawke’s Bay on Sunday 12 February and Monday 13 February, then reduced in intensity. At the onset of the cyclone, Hawke’s Bay had already recently experienced the wettest 6-month period since records begun. Rivers were expected to rise responsively to rainfall.
5. Hawke’s Bay Regional Council (HBRC) assessed that this was the largest recorded rainfall event in the region for several sites. Actual rainfall during Gabrielle exceeded forecasts by more than 250mm in one area. Of note was the Glengarry gauge, used to monitor the Esk Valley, which received 501mm over 24 hours - equal to nearly six months of rainfall and between 1am and 7am. Gabrielle delivered about 320mm of rain to our Newstead site, in the western hills of the Ahuriri catchment near Puketapu, which is about one-third of the usual annual rainfall there – most of it falling within 24 hours.
6. Hawke’s Bay Civil Defence Emergency Management Group (HBCDEM) declared a State of Emergency on Tuesday 14 February 2023 at 0431hrs. A State of National Emergency was then declared by NEMA at 0843hrs 14 February 2023.
7. Extensive flooding due to rapidly rising rivers lead to extensive and widespread flooding across the region. Hawke’s Bay sadly experienced a loss of human life as well as the loss of many animals caught up in the swift flowing flood waters. Many other people were trapped on their rooftops or cars and needed rescue by helicopter or boat during the event.
8. Houses and buildings were flooded and people’s possessions lost, so this event has placed a huge pressure on our communities. A state of emergency was declared simultaneously with Civil Defence escalation across the region. Communities have also banded together to provide each other shelter and necessities as people work through the recovery process.
Options Assessment
Option 1
9. This option is for Council to resolve to initiate this specific independent review with the scope limited solely to the performance of HBRC’s flood protection and drainage schemes in accordance with the Terms of Reference (attached).
Option 2
10. Option 2 is for staff to proceed with the execution of the Heretaunga Plains Flood Control Scheme & Upper Tukituki (UTT) Flood Control Scheme reviews as proposed, noting that some aspects of the proposed ‘independent’ review will be carried out as part of those reviews, already in train or being scoped, as follows.
Heretaunga Plains Flood Control Scheme & Upper Tukituki (UTT) Flood Control Scheme Review
Scheme Review |
|
Who performs |
External consultant and peer reviewed supported by staff |
What is objective? |
1. Review of the event and response of the schemes 2. Review of the Scheme Infrastructure to identify options and improvements, including costs, to our scheme assets to improve performance for over (super) design events. |
Likely Duration of Review |
12-18 months |
Likely cost and who pays? |
$700k - General Rates funded |
Indicative Dates |
April 2023 – September 2024 |
11. The Heretaunga Plains Flood Control Scheme & Upper Tukituki (UTT) Flood Control Scheme reviews will be undertaken whether or not a separate independent review is conducted.
Option 3
12. Option 3 is to apply an independent lens to the Heretaunga Plains Flood Control Scheme & Upper Tukituki (UTT) Flood Control Scheme reviews and extending the scope to assess the performance of all HBRC-owned and operated flood protection, control and drainage schemes. An independent Review Panel would be engaged to conduct the reviews, which would also include a community engagement component to provide ‘community voice’ inputs.
13. The Review Panel’s HBRC flood protection, control and drainage schemes performance review report would then sit alongside the Cyclone Gabrielle Flood Report (outlined following), together providing a comprehensive picture of the effects and impacts of Cyclone Gabrielle.
Cyclone Gabrielle Flood Report
Scheme Review |
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Who performs |
HBRC staff supported by sector staff/consultants |
What is objective? |
Document the extent and impact of the flood event. This is a Level of Service Measure(LOSM). |
Likely Duration of Review |
6 months (LOSM target) |
Likely cost and who pays? |
2 FTE for 6 months - General Rates |
Indicative Dates |
September 2023 |
Significance and Engagement Policy Assessment
14. The decisions facing Council now to undertake an independent review have been considered against Council’s Significance and Engagement Policy, and staff consider that the decision is not significant enough to necessitate consultation, for the reasons noted below. In summary, staff consider the scope and decision to undertake the independent review are decisions for Council and are consistent with community feedback already received.
15. Once initiated, the independent review will be widely communicated to the public and engagement sought with impacted communities to provide ‘community voice’ inputs into the review.
Criteria for Significance |
Assessment |
Comment |
The likely level of community interest |
High |
While interest is high, this review is in response to community feedback so considered to be supported by communities impacted by Cyclone Gabrielle. |
The likely impact or consequences for affected individuals and groups in the region |
Low |
We expect there may be psychosocial benefits from initiating the review independently, however few other tangible impacts on individuals or groups. As a group, Regional Council staff will be impacted however appropriate support mechanisms can be put in place. |
How much a decision or action impacts on the rights and interests of tāngata whenua under the Treaty of Waitangi |
Low |
Rights and interests of tangata whenua will be considered throughout the review and not considered to be adversely impacted by these decisions to undertake the review. |
How much a decision or action promotes community outcomes or other Council priorities |
Low |
Findings of the review will likely impact future community outcomes and Council priorities which will be subject to Significance and Engagement Policy assessment and consultation processes as appropriate. Undertaking an independent review aligns with all of our values set in the current Strategic Plan 2020-2025 (Partnership & Collaboration, Accountability, Transparency and Excellence). |
The impact on levels of service identified in the current Long Term Plan |
Low |
Findings of the review will likely impact future Levels of Service which will be subject to Significance and Engagement Policy assessment and consultation processes for future Long Term Plans. |
The likely impact of climate change factors in the region |
Low |
As above |
the impact on rates or debt levels |
Low |
This may impact rates, depending on where it is funded and associated future decisions will be made by Council through the 2023-2024 Annual Plan process. |
the cost and financial implications of the decision to ratepayers |
Low |
The independent review is estimated to cost upwards of $500k, excluding HBRC staff time, currently unbudgeted. This is considered low impact based on the Council’s total operating budget of $77M. |
the involvement of a strategic asset |
Low |
The independent review itself will involve assessing Council’s strategic assets – Heretaunga Plains Flood Control Scheme and Upper Tukituki Catchment Control Scheme, however the decisions associated with initiating the review do not directly involve those. |
Financial and Resource Implications
16. The independent review in accordance with the proposed Terms of Reference is estimated to cost upwards of $700k, not including HBRC staff time, and is unbudgeted expenditure. Within current budget constraints staff are considering where these costs can be attributed to for adding into the 2023-2024 Annual Plan process.
Decision Making Process
17. 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:
17.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.
17.2. The use of the special consultative procedure is not prescribed by legislation.
17.3. The decision to initiate this review is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.
17.4. The persons affected by this decision are all those interested in and affected by Cyclone Gabrielle.
17.5. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
That Hawke’s Bay Regional Council:
1. Receives and considers the Independent review of HBRC's Flood Assets' performance during Cyclone Gabrielle 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 with the community or persons interested in the decisions.
3. Agrees to initiate an independent review of the performance of all HBRC-owned and operated flood protection, control and drainage schemes during Cyclone Gabrielle in accordance with the proposed Terms of Reference attached.
4. Delegates to the Interim Chief Executive, Bill Bayfield, finalising the scope for the review as contained in the Terms of Reference attached.
5. Instructs the Interim Chief Executive, Bill Bayfield, to engage Phil Mitchell as the Independent Review Panel Chair and 2-3 suitably qualified independent supporting panellists.
Authored by:
Iain Maxwell Group Manager Integrated Catchment Management |
Susie Young Group Manager Corporate Services |
Approved by:
Pieri Munro Interim Chief Executive |
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1⇩ |
draft proposed Flood Protection Assets performance Review Terms of Reference |
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26 April 2023
Subject: Chief Executive appointments
Reason for Report
1. This paper provides the means for Council to formally appoint an Interim Chief Executive as well as the permanent Chief Executive, Dr Nic Peet.
Comment
2. With the resignation of James Palmer, Pieri Munro was appointed Interim Chief Executive commencing 10 February 2023. In the aftermath of Cyclone Gabrielle it has become clear that there is a need for an ‘outside’ appointment to the role of Interim CE due to the substantial workloads for all of the Council’s Executive Leadership Team in the ongoing response and the transition to recovery requiring their full attention.
3. With that in mind, the Council has finalised negotiations to secure Bill Bayfield to fill the Interim Chief Executive role effective from 29 April until the permanent Chief Executive, Dr Nic Peet, commences on 10 July 2023.
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 decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.
4.2. The use of the special consultative procedure is not prescribed by legislation, nor does the decision fall within the definition of Council’s policy on significance as this is an internal governance matter for which elected members are responsible.
4.3. There are no persons directly affected by the decisions in this paper other than the Interim Chief Executive as the position is budgeted and a statutory requirement.
4.4. There are no options open to Council as the Council is required by section 42 to appoint a Chief Executive in accordance with clauses 33 and 34 of Schedule 7. These Clauses require that the position be advertised and that a Chief Executive be appointed.
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 and persons likely to be affected by or to have an interest in the decision. 2. Appoints Bill Bayfield as Interim Chief Executive for the Hawke’s Bay Regional Council to undertake all the responsibilities, duties and powers of a Chief Executive under the Local Government Act 2002 and any other enactment. Such appointment shall take effect from 5pm 28 April 2023 and expiring at 5.00pm 9 July 2023. 3. Appoints Dr Nic Peet as Chief Executive for the Hawke’s Bay Regional Council to undertake all the responsibilities, duties and powers of a Chief Executive under the Local Government Act 2002 and any other enactment, effective from 8.00am on 10 July 2023. |
Authored & Approved by:
Susie Young Group Manager Corporate Services |
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26 April 2023
Subject: Report and recommendations from the Corporate and Strategic Committee
Reason for Report
1. The following matters were considered by the Corporate and Strategic Committee (C&S) meeting on 5 April 2023 and the recommendations agreed to are now presented for Council’s consideration alongside any additional commentary from the Committee Chair, Councillor Neil Kirton, wishes to offer.
Agenda items
2. The Corporate and Strategic Committee Terms of Reference and membership item provided the means for the C&S to confirm its membership as well as discuss and consider potential amendments to its Terms of Reference. The C&S agreed the following amendments to the Terms of Reference for recommendation to Council for adoption.
2.1. Add “and agencies that receive Council funding including Hawke’s Bay Tourism, Matariki and REDS” to 1.3
2.2. Add new 1.3 “Oversight of Council’s financial reporting”
2.3. Add new 1.9 “Monitoring the effectiveness of the organisation’s emergency management activities”.
3. The Quarterly Treasury report for the period 30 September - 31 December 2022 item highlighted that returns from Managed Funds are less than forecast and provided an overview of where Council’s investment funds are held.
4. The Financial Report for the period 1 July - 31 December 2022 provided the Committee with a summary of Council’s financial results for the first half of the 2022-2023 financial year.
5. The Organisational Performance report for the period 1 October - 31 December 2022 provided traffic light status and commentary on the financial results of the 31 activities, and the Level of Service Measures (LOSM) by group of activities in full, rather than by exception, noting that gaps in activity reporting were due to staff being deployed into response roles following Cyclone Gabrielle.
6. The Audit Plan for the 2022-2023 Annual Report item outlined the timing proposed for the Audit of HBRC’s 2022-2023 Annual Report.
Decision Making Process
7. 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:
7.1. Given the items were specifically considered by the Corporate and Strategic Committee on 5 April 2023 the Council can exercise its discretion and make the relevant decisions without consulting directly with the community or others having an interest in those in accordance with the following recommendations.
The Corporate and Strategic Committee recommends that Hawke’s Bay Regional Council:
1. Receives and considers the Report and recommendations from the Corporate and Strategic Committee.
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 these issues without conferring directly with the community or persons likely to have an interest in the decision.
Corporate and Strategic Committee Terms of Reference and membership
3. Adopts the Terms of Reference (attached), amended as agreed by the Corporate and Strategic Committee on 5 April 2023.
4. Confirms the appointment of Peter Eden representing the HBRC Māori Committee and Keri Ropiha representing the Regional Planning Committee.
Reports Received
5. Notes that the following reports for information were provided to the Corporate and Strategic Committee:
5.1. Quarterly Treasury report for the period 30 September - 31 December 2022
5.2. Financial Report for the period 1 July - 31 December 2022
5.3. Organisational Performance report for the period 1 October - 31 December 2022
5.4. Audit Plan for the 2022-2023 Annual Report.
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
Susie Young Group Manager Corporate Services |
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1⇩ |
2022-25 amended Corporate and Strategic Committee Terms of Reference for adoption |
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26 April 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.
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Seal No. |
Date |
1.2 |
Staff Warrants 1.2.1 H. Gadia (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; and Local Government Act 2002 (Section 177))
1.2.2 H. Patel (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; and Local Government Act 2002 (Section 177))
1.2.3 L. Simmonds (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; and Local Government Act 2002 (Section 177))
1.2.4 E. Atkins (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; and Local Government Act 2002 (Section 177))
1.2.5 K. Wedde (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908; and Local Government Act 2002 (Section 177))
1.2.6 T. Maxwell (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under the Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92); Maritime Transport Act 1994 (Section 33G(a); Building Act 2004 (Section 317B); and Local Government Act 2002 (Section 177))
1.2.7 M. Mackintosh Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under the Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92); Maritime Transport Act 1994 (Section 33G(a); Building Act 2004 (Section 317B); and Local Government Act 2002 (Section 177))
1.2.8 T. Thomas (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under the Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92); Maritime Transport Act 1994 (Section 33G(a); Building Act 2004 (Section 317B); and Local Government Act 2002 (Section 177))
1.2.9 S. Bateman (Delegations under Resource Management Act 1991 (Sections 34A(1) and 38(1); (Delegations under the Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92); Maritime Transport Act 1994 (Section 33G(a); Building Act 2004 (Section 317B); and Local Government Act 2002 (Section 177))
1.2.10 J. Mardle (Delegations under Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908
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4535
4536
4537
4538
4539
4540
4541
4542
4543
4544 |
23 March 2023
23 March 2023
23 March 2023
23 March 2023
23 March 2023
23 March 2023
23 March 2023
23 March 2023
17 April 2023
20 April 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.
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:
Leone Andrews EA to Group Manager, Corporate Services |
Vanessa Fauth Finance Manager |
Diane Wisely Executive Assistant |
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Approved by:
Pieri Munro Interim Chief Executive |
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26 April 2023
Subject: Strategic Projects Report for February and March 2023
Reason for Report
1. This agenda item presents the Project Management Office’s (PMO) Strategic projects report for February and March 2023 for councillors’ information.
2. HBRC’s key strategic projects are tracked by the Project Management Office (PMO) and reported monthly throughout their lifecycle. These projects were selected because of their significance in terms of investment, risks, benefits, and interdependencies.
Key
*Risk status is inherent (eg. prior to mitigations and controls implemented) vs residual.
Performance Indicators (RAG): u= Off Track, n = At Risk, l = On Track
Status Change over last 6 months: how the status has tracked between August 2022 and March 2023
Schedule |
Risk* |
Budget |
Status Change over last 6 months |
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1. Land for Life (Monthly reporting) |
l |
n |
l |
|
Aug |
Sep |
Oct |
Nov |
Dec |
Jan |
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Sch |
l |
l |
l |
l |
n |
n |
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Risk |
n |
n |
n |
n |
n |
n |
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Bud |
l |
l |
n |
l |
n |
n |
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1.1 Since the cyclone the project team has been working closely with the catchment team to reposition the project as a key tool to support farms move from recovery to a more resilient future based on a more appropriate mosaic of land use that aligns with the landowners’ vision. The farm planning process is central to the Land for Life model. 1.2 Farm plans for 12 farms are complete and will be reviewed with farmers when they have capacity to engage. Discussions have ramped up with MPI to partner in scale-up efforts. Discussions with banks/implementation partners about financial models are underway. 1.3 The repositioning efforts, farmer availability and consultancy capacity have delayed the project by several months. This is positive so as to align with recovery efforts. 1.4 Financial modelling, business case development and scale-up planning continues. A current gap is engagement with farmers, and the project is working with the catchment management team to resolve this when farmers are ready to engage. 1.5 Despite repositioning and delays, the project is running under budget with surplus funds being available to support repositioning of the project and scale-up efforts under guidance from the project's Steering Group. 1.6 Risks remain on supply chains of seedlings and labour to support scale up. This is being offset through support by HBRC and MPI efforts to scale-up pole nursery capacity and consider planting requirements. 1.7 Continuing to partner with organisations involved in developing lower cost methods for planting natives. |
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2. Regional Water Security Programme (Monthly reporting) |
n |
u |
n |
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Aug |
Sep |
Oct |
Nov |
Dec |
Jan |
||
Sch |
n |
n |
n |
n |
n |
n |
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Risk |
l |
n |
n |
n |
n |
n |
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Bud |
n |
n |
n |
n |
n |
u |
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2.1 CHB Managed Aquifer Recharge (MAR): Draft consent conditions have now been received following a series of delays incurred through the consent process (largely due to flood events in Auckland and Hawke’s Bay impacting personnel). The conditions are under technical review and proposed amendments are to be negotiated. Engagement with mana whenua and CHBDC is underway in preparation for a consent decision being made public. Monitoring data is to be captured in April providing a robust baseline for the trial period. Implementation/construction planning is underway. The project is exposed to inflationary pressures, and assuming a successful consenting outcome, budget will need to be closely managed during the final design and construction phase 2.2 Heretaunga Water Storage: Conducted a post-cyclone reconnaissance in March. Geologists affirmed that landslide area didn’t move and despite significant flooding/debris/landslide damage it didn’t undermine the key credentials of the site for water storage. Technical investigations on the alternate dam alignment at the preferred dam site are progressing with a draft report anticipated early May. Peer review report of the landslide/seismic assessment has been issued. A further peer review of the alternate dam site alignment will be commissioned in June. Preparation for a full Feasibility Business Case is underway and anticipated to be presented in July pending technical investigations and the peer review. Funding will need to be secured to commit to a full Feasibility Study. 2.3 Regional Water Assessment: Final report was presented to CHBDC, HDC and NCC in January/February. Preparing to present the final report to Councillors in May, and at the full Council meeting at the end of June. This will include the summary document designed for public dissemination. 2.4 As previously noted, timelines have slipped due to a number of factors. None-the-less, all three projects continue to progress with the Regional Water Assessment and CHB MAR both achieving important milestones, and the conclusion of a significant body of technical work for Heretaunga Water Security is due mid-year. |
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3. Ahuriri Regional Park (Quarterly reporting) |
n |
n |
u |
|
Sep |
Dec |
|
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Sch |
l |
n |
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Risk |
n |
n |
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Bud |
n |
n |
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3.1 Work has been underway to appoint a Project Manager. The recommended Project Manager will be presenting to the Joint Committee on 5 May. 3.2 Staff have signalled to Council through the development of the annual plan that the HBRC investment into the proposed Regional Park should be considered in the context of Cyclone Gabrielle Recovery funding requirements. 3.3 Budget expenditure for the financial year is at risk as it is dependent on the project manager being appointed to set the project in motion. Financial performance is within budget, however project launch and recruitment of resources may lead to under expenditure for 2022-23. 3.4 Current risks are: availability of project management resources to develop foundation project management plan for this significant project, HBRC's financial commitment which is under consideration by Council, and project delivery which has increased since last report. 3.5 Risks are being managed by the host organisation Napier City Council. The appointment of the project manager will see the development of project risk assessment as one of the foundation project management documents. 3.6 Funding commitment decisions for HBRC will be determined through the annual plan process. |
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4. Clifton to Tangoio Coastal Hazards Strategy (Monthly reporting) |
u |
n |
l |
|
Aug |
Sep |
Oct |
Nov |
Dec |
Jan |
||
Sch |
l |
l |
l |
l |
l |
l |
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Risk |
n |
n |
n |
n |
n |
n |
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Bud |
l |
l |
l |
l |
l |
l |
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4.1 The February and March Joint Committee meetings were cancelled due to the Cyclone response taking precedence. These were key meetings to brief new Councillors on the Joint Committee and advance discussions on the funding model for implementation. 4.2 August target for notifying the Strategy will not be met. 4.3 Internal resources available to contribute to Strategy development are limited at this time. 4.4 Future project schedule to be developed with the Joint Committee at their next meeting in May, with consideration of revised Council priorities, resource availability, and Long Term Plan processes. |
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5. Kotahi Plan (Monthly reporting) |
u |
u |
l |
|
Aug |
Sep |
Oct |
Nov |
Dec |
Jan |
||
Sch |
l |
l |
l |
l |
l |
l |
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Risk |
n |
n |
n |
n |
n |
n |
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Bud |
l |
l |
l |
l |
l |
l |
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5.1 The effects of Cyclone Gabrielle (February 6-16) have put the Kotahi programme on hold as recovery efforts took priority. |
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6. TANK Plan Change (Quarterly reporting) |
n |
u |
n |
|
Sep |
Dec |
|
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Sch |
n |
n |
|
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Risk |
l |
u |
|
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Bud |
n |
n |
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6.1 During this quarter, the Council’s 25 January 2023 memorandum set out a proposed topic structure for mediation and identified a number of preliminary matters for consideration by the Court prior to appeals being referred to mediation. 6.2 Parties initially had until 17 February 2023 to file their comments in response. As a consequence of Cyclone Gabrielle affected parties were given an extension till 10 March to respond. 6.3 Three memoranda have been filed in response seeking an alternative topic allocation to that proposed. Subsequently an amended topic allocation and order was circulated on the 4 April. 6.4 Regarding budget, in this mediation phase legal fees are likely to be the most significant cost. 6.5 Cyclone Gabrielle has added a further dimension as it is unknown how this will impact on those parties who are expected to be involved. There is an impact on HBRC ability to undertake this BAU when the core focus of the organisation is on recovery of the region. These risks are largely outside of our control. |
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7. Farm Environmental Management Plans (FEMP) (Monthly reporting) |
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7.1 The 2024 cycle planning has been completed, and steering group approved the project plan at the end of January. A communications plan has been developed. 7.2 Staff for FEMP Project utilised for response to Cyclone Gabrielle throughout March. 7.3 The only additional action since February has been providing feedback to FEMP implementers who have already been through an assessment about the findings from their FEMP. 7.4 Timeframes and activities for the 2024 FEMP cycle is to be re-assessed as the FEMP team is able to transition to BAU alongside wider organisational requirements, and clear outcomes decided if 2024 FEMP cycle proceeding or not. 7.5 Budget is on track with the exception being if the submission portal for 2024 through ICT Business Solutions is chosen. The current estimate for this work is over budget. 7.6 Risks are around the impact of the national requirements of Freshwater Farm Plans. Further details are due in 2023. |
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8. IRG Flood Control & Drainage Programme (Monthly reporting) |
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8.1 This work programme was put on hold following Cyclone Gabrielle with response efforts taking priority. |
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9. Revenue & Financing Policy/ Rates Review (Monthly reporting) |
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9.1 Project has been delayed by two months due to the Cyclone. Timeline has been reset to work through Stage 2 with Council over the next eight months. 9.2 On track to meet the new deadline for consultation, which is now November 2023. 9.3 Project is resourced largely through current staff however this will become more difficult as more of the finance team work on the Recovery programme. 9.4 Risks are around staff being able to complete the modelling work required, and dependent on recruiting sufficient resources to cover the Regional Recovery work. |
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10. Enterprise Asset Management (Monthly reporting) |
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10.1 Progress stalled over February and March as Asset Management staff were deployed to the front line of the response, and into recovery of Cyclone Gabrielle. 10.2 A new ICT project manager has been employed after a long vacancy, and project management work is being picked up. 10.3 This project remains a high priority for HBRC. Asset Management staff are not fully back to BAU, and determining the next steps will be crucial. 10.4 The main risk remains that Asset Management staff SMEs have been redeployed into recovery and rebuild work. Their roles in supporting this project going forward are under discussion. Phasing of the project work is likely to change. |
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11. Emissions Reduction Plan (Monthly reporting) |
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11.1 All practitioner emissions reduction workshops (planning & infrastructure, building & construction, transport, agriculture, and forestry) were cancelled after the Cyclone. 11.2 Practitioner and core project staff availability (from HBRC, NCC and HDC) was reduced during the emergency response period. 11.3 Project has been rescoped to include only 4 chapters: Working with Nature (workshop held), Waste (workshop held), Transport (drafting within project team NCC & HBRC), and emissions considerations in the rebuild. 11.4 Aim to maintain a similar timeline and present the first iteration of emissions reductions actions in these areas to the first Joint Committee on Climate Action on 22 May 2023. 11.5 Risks around the reliance on collaborative teamwork from NCC and HDC to co-draft chapters of the plan, and those staff roles have changed since the Cyclone 11.6 The reduced scope plan is now much more council-led than led by the practitioner group so will require more community engagement once complete. |
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12.1 A number of workshops were run pre-Cyclone for the Accounts Payable Workstream, however work on Synergy stalled after 14 Feb due to lack of resources. 12.2 We are now starting to pick this up again, focusing on document scanning for Accounts Payable and we have our vendor for the current document scanning (OCR) solution coming to help us work through outstanding issues on 11 April. 12.3 The Payroll and Organisation Management Workstream is close to complete. We expect to be arranging an auditor in April/May to review the system and processes as part of this workstream’s sign-off criteria. 12.4 Little progress has been made on the Legacy Database Retirement workstream 12.5 The schedule continues to evolve. As we start each new workstream we are better able to clarify what needs to be completed and the timeline can be refined. 12.6 Project resourcing is a key issue with lack of dedicated project team members, high demand for resource support to complete project tasks, and regional recovery and BAU priorities making availability of Finance and ICT staff to support the project low. 12.7 In managing our risks, we expect more resources to become available in May, however there is no Project Manager, and we await a review of budget and priority post-Cyclone. Due to the Cyclone impact we didn't use support hours from Attura consultancy, but these have been rolled over and are ongoing. |
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13. Transport Choices (monthly reporting) |
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13.1 The project is in the development phase with plans such as communications & engagement, and monitoring & evaluation currently being put together. This is in partnership with Waka Kotahi and is mostly templated. 13.2 The funding for the first phase has been made available after signing the memorandum of understanding, and getting the high-level timeline and budget signed off. 13.3 The project is roughly one month behind schedule due to the impact of Cyclone Gabrielle. This is not a concern to Waka Kotahi, and there are other councils in the same position. The project is still considered on track. 13.4 The total budget for the project, across two financial years, is $1.39M. This is 100% funded by Waka Kotahi. We have been allocated approximately $270K for the strategic development phase, which has only been an internal cost to date. 13.5 Current present risks are delays due to availability of internal and external resources. This is not currently an issue, but presents a risk to the development of the project, due to the strict timeline for completion. |
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Project Summaries |
1. Land for Life A pilot on up to five farms with loans offered to landowners to plant trees on marginal land that can earn a return and enhance regenerative farming practices. Run in collaboration with The Nature Conservancy and the Ministry for Primary Industries to accelerate erosion control work and extend the programme to more farms. |
2. Regional Water Security Programme Investigating water supply options aiming to ensure Hawke’s Bay has long-term, climate-resilient, and secure supplies of freshwater for all. This supports the Kotahi Plan and includes: 2.1 exploring above ground, medium-scale water storage options in the Ngaruroro catchment for and on behalf of the community 2.2 setting up a Managed Aquifer Recharge (MAR) trial in Central Hawke’s Bay to determine whether MAR is a viable water storage option and can contribute to water security in the area We will also work with water users to drive more efficient and effective use to complement water storage following the completion of a comprehensive 40-year Regional Water Assessment. |
3. Ahuriri Regional Park Working alongside Napier City Council and Mana Ahuriri Trust to redevelop the Lagoon Farm site into a Regional Park to address water quality issues in the Ahuriri Estuary, as well as enhance biodiversity, and cultural and recreational benefits for the community. |
4. Clifton to Tangoio Coastal Hazards Strategy Working in collaboration with coastal communities and local entities for more than eight years to develop the Clifton to Tangoio Coastal Hazards Strategy 2120. We now need to confirm which council or councils will take charge and lead this work, and are undertaking consultation, proposing that HBRC should take charge of coastal hazard adaptation between Clifton and Tangoio, as recommended by an independent Funding Review. This would give the Regional Council the mandate to finalise the Strategy. This includes consulting the community on the full implications of implementation, such as the timing and detailed costs of physical works, and who pays for what through the Long Term Plan 2024-2034 process. |
5. Kotahi Plan Developing a combined resource management plan for the Hawke’s Bay region. It will refresh how we manage the use and protection our natural and physical resources looking at all aspects of the environment. This includes land and freshwater, air, the coastal and marine area, climate change, biodiversity, urban form and development, natural hazards and risks, energy, transport, and infrastructure. Kotahi will combine and update the existing Regional Policy Statement, the Regional Resource Management Plan, and the Regional Coastal Environment Plan into one, while also giving effect to the new policies, planning and technical standards from central government. |
6. TANK Plan Change (Policy) Proposed TANK Plan Change (PPC9) will add new rules to the Regional Resource Management Plan to manage water quality and quantity for the Tūtaekurī, Ahuriri, Ngaruroro and Karamū (TANK) catchments. TANK Plan Change (Implementation): TANK Subcatchments Community Engagement An external communications project, intended to inform rural landowners about the Proposed Plan Change 9 (PPC9) framework and to promote catchment group formation. It is a precursor to the overall PPC9 Implementation, the latter contingent on a decision awaited from Hearings Commissioners and any subsequent appeals. |
7. Farm Environmental Management Plans (FEMPs) These aim to address environmental outcomes and actions to improve environmental performance on properties over 4 hectares initially within the Tukituki region in three-yearly submission cycles. |
8. IRG Flood Control and Drainage Programme Project 1: Heretaunga Flood Control & Drainage Scheme We are reviewing and upgrading flood protection assets across the Tūtaekurī, Ngaruroro, Lower Tukituki and Clive rivers, to increase flood protection across the scheme from a 1 in 100 to a 1 in 500-year event. Project 2: Upper Tukituki Flood Control Scheme: Gravel Extraction We are removing gravel from the Upper Tukituki River to improve flood protection in Central Hawke’s Bay. Decreased demand for gravel has seen a build-up of gravel (aggradation). Extracting gravel from the riverbeds helps increase river capacity and reduces the risk of water inundation of neighbouring properties during a flood. |
9. Revenue & Financing Policy/ Rates Review (incl. Scheme Rating Reviews) First principles review of our Revenue and Financing Policy, and full review of our rating system. The aim is to improve transparency for who pays what, ensure legal compliance, simplify the Policy and provide more flexibility in applying the Policy. Consultation is planned to take place towards the end of 2023 prior to the next Long Term Plan when the amounts rated for many Council services will likely change. |
10. Enterprise Asset Management Aims to embed an Asset Management Information System that integrates into and expands on the Enterprise Resource System (ERP) that was introduced during the Finance Upgrade Systems & Efficiency (FUSE) project. The goal is to improve efficiency, allowing us to confidently identify assets (both spatially and uniquely within a register), manage and maintain our current infrastructure through whole-of-life, and assess risk to determine when changes or additions are required. |
11. Emissions Reduction Plan Development of an inaugural Regional Emissions Reduction Plan by July 2023 with broad community involvement, support, and engagement, which will integrate with the next long term plans of the region’s councils. The Emissions Reduction Plan will be informed by a greenhouse gas emissions inventory to establish the carbon footprint at the city, district, and regional level. A first for Hawke’s Bay. |
12. Synergy The enhancement of already implemented TechnologyOne modules to ensure a stable foundation for the future stages of the TechnologyOne ERP deployment at HBRC. |
13. Transport Choices HBRC secured funding of $1.39 million from central government to upgrade eight bus stops in the region and create two new stops. The funding is part of a Transport Choices package included in the Government’s Climate Emergency Response Fund (CERF) led by Waka Kotahi NZ Transport Agency. |
Title |
Group |
Estimated Start |
Regional Water Efficiency Programme (‘Future Water Use’) |
Asset Management (Water Security) |
TBC |
Biosecurity Information System |
Integrated Catchment Management |
TBC |
Clive River Dredging 2030 |
Asset Management (Regional Assets) |
TBC |
On Demand Public Transport (Napier trial) |
Policy & Regulation (Transport) |
TBC |
Urban Catchment Plans (Te Karamū & Ahuriri) |
Asset Management (Regional Assets) |
TBC |
Decision-making Process
3. 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 Strategic projects report for February and March 2023.
Authored by:
Hariza Adlan Performance & Data Analyst |
Sarah Bell Team Leader Strategy & Performance |
Approved by:
Desiree Cull Strategy & Governance Manager |
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26 April 2023
Subject: Significant organisational activities through May 2023
Reason for Report
1. The following commentary is for Councillors’ information to highlight significant areas of Council activity, particularly in response to Cyclone Gabrielle. Resources are directed toward various initiatives which reflect the Council’s evolving agenda, and it is important that Council is consistently informed of progress in areas that have created or may create a high external profile.
Significant activities by group
Policy and Regulation Group |
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Significant upcoming milestone(s) |
Team or Section |
Plan Change 9 (TANK plan) appeals |
80. HBRC submitted a memo to the Environment Court on 23 January suggesting grouping of appeal points/topics. 81. Parties initially had until 17 February 2023 to file their comments in response. As a consequence of Cyclone Gabrielle, affected parties were given an extension to 10 March to respond. 82. Three memoranda have been filed by parties in response seeking an alternative topic allocation to that proposed by HBRC. Subsequently an amended topic allocation and order was circulated on 4 April. The Environment Court is yet to confirm if it is satisfied with the amended topic allocation proposal. |
Policy |
Plan Change 7 (Outstanding waterbodies) appeals |
83. Four appeals were lodged with the Environment Court and parties asked the Environment Court to set a hearing date in mid-2023 for those matters where agreements could not be achieved. 84. A revised evidence exchange timetable has been agreed with Hearings now scheduled on or after 20 November 2023. |
Policy |
Napier-Hastings Future Development Strategy (FDS) |
85. HBRC, HDC and NCC adopted the Terms of Reference as proposed and agreed to appoint the Napier-Hastings Future Development Strategy Joint Committee and appointed their respective members. 86. First meeting of the new Joint Committee is scheduled for 27 April. Further meetings are currently scheduled for 3 August, 26 October and 12 December 2023. The FDS work programme is currently being re-evaluated in light of disruptions caused by Cyclone Gabrielle. |
Policy |
Ngaruroro River Water Conservation Order (WCO) High Court appeal |
87. High Court appeal hearing had been scheduled to commence on 8 May 2023, but has recently been cancelled pending clarification from one of the parties about their status and interests in proceedings. New High Court hearing date is yet to be confirmed. |
Policy |
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 the Hawke’s Bay Regional Council receives and notes the Significant organisational activities through May 2023 staff report.
Authored by:
Mell Anderson Project Manager Hill Country Erosion Scheme |
Peter Davis Manager Environmental Information |
Harry Donnelly Project Engineer |
James Feary Operational Response Manager |
Dan Fake Freshwater Ecologist |
Craig Goodier Principal Engineer |
Simon Harper Team Leader Hydrology & Groundwater Science |
Rob Hogan Manager Compliance |
Gavin Ide Principal Advisor Strategic Planning |
Jon Kingsford Project Manager |
Dr Kathleen Kozyniak Team Leader Marine Air & Land Science |
Anna Madarasz-Smith Manager Science |
Ken Mitchell Asset Management Engineer |
Richard Wakelin Manager Rural Recovery |
Approved by:
Katrina Brunton Group Manager Policy & Regulation |
Chris Dolley Group Manager Asset Management |
Iain Maxwell Group Manager Integrated Catchment Management |
Pieri Munro Interim Chief Executive |
26 April 2023
Subject: Confirmation of Public Excluded Minutes
That Hawke’s Bay Regional Council excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 12 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 |
Investment Strategy review outcomes |
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 |
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
Desiree Cull Strategy & Governance Manager |
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