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Resolutions
That the Hawke’s Bay Civil Defence Emergency Management
Group Joint Committee:
1. Receives and considers
the HB CDEM Group Joint Committee mana whenua representation staff
report.
2. Agrees that the
decisions to be made are not significant under the criteria contained in
Hawke’s Bay Regional Council’s adopted Significance and Engagement
Policy, and that the Joint Committee can exercise its discretion and make the
necessary decisions without conferring directly with the community.
3. Adopts the Terms of
Reference for the Hawke’s Bay Civil Defence Emergency Management Group Joint
Committee following, to replace and supersede all previous versions.
4. Recommends to
each of the partner councils, the adoption of the amended Terms of Reference for
the Hawke’s Bay Civil Defence Emergency Management Group Joint Committee as proposed
(following).
Walker/Little
CARRIED unanimously
Hawke’s Bay Civil
Defence Emergency Management
Group Joint Committee
Terms of Reference
1. Preamble
1.1 The
Hawke’s Bay Civil Defence Emergency Management Group was established
pursuant to a Terms of Reference dated August 2003 which was subsequently
amended in December 2013, and further amended and adopted in December 2016
and again on 23 March 2020. Pursuant to a resolution passed by the Group 26
June 2023, this Terms of Reference is adopted to replace and supersede all
previous versions of the Terms of Reference for the Joint Committee.
2. Parties
2.1 Each
of the following local authorities is a Member of the Hawke’s Bay Civil
Defence Emergency Management Group and is a party to this Terms of Reference:
Central Hawke’s Bay District Council
Hastings District Council
Hawke’s Bay Regional Council
Napier City Council
Wairoa District Council
3. Definitions
For the purpose of this Terms of Reference:
3.1 “Act”
means the Civil Defence Emergency Management Act 2002.
3.2 “Administering
Authority” means the Hawke’s Bay Regional Council.
3.3 “Coordinating
Executive Group” (the CEG) means the Coordinating Executive Group to be
established under section 20 of the Civil Defence and Emergency Management Act
2002.
3.4 “Group”
means the Hawke’s Bay Civil Defence Emergency Management Group.
3.5 “Group
Controller” means a person appointed under section 26 of the Civil
Defence and Emergency Management Act 2002 and clause 10.1 of this Terms of
Reference as a Group Controller.
3.6 “Group
Plan” means the Hawke’s Bay Civil Defence Emergency Group Plan
prepared by the Group in accordance with the Act.
3.7 “Hawke’s
Bay Region” for the purposes of this document means the Hawke’s
Bay region as defined in the Local Government (Hawke’s Bay Region)
Reorganisation Order 1989, excluding the parts of Rangitikei and Taupo
District Councils falling within the area administered by the Hawke’s
Bay Regional Council.
3.8 “local
authority member or Partner Council” means a Local Authority that is a
member of the Civil Defence Emergency Management Group that is the subject of
this document.
3.9 “4Rs”
means Reduction, Readiness, Response, and Recovery.
4. The
purpose and term of this Terms of Reference
4.1 The
purposes of this Terms of Reference are to:
4.1.1 set
out the purposes, functions, powers, and duties of the Group and its members
in accordance with the requirements of the Act
4.1.2 define
the responsibilities of the Group as delegated to the Group by the Members,
and
4.1.3 provide
for the administrative arrangements of the Group.
5. Joint
Committee
5.1 Pursuant
to section 12 of the Act the Parties were united in August 2003 to establish
a Group as a Joint Standing Committee now under clause 30(1)(b) of Schedule 7
of the Local Government Act 2002. This choice is irrevocable under section
14(3) of the Act.
5.2 In
accordance with section 12(2) of the Civil Defence Emergency Management Act
2002, neither clause 30(5) nor (7) of Schedule 7 of the Local Government Act
2002 which provides for a committee to be discharged or reconstituted, or be
discharged following the triennial general election, shall apply to the Joint
Committee.
6. Membership
of the Group
6.1 The
members of the Group are the Hawke’s Bay Regional Council and all those
territorial authorities that lie wholly within the boundaries of the
Hawke’s Bay region. Each member is to be represented on the Group
by one person only, being the Mayor or Chairperson of that local authority,
or if they are unavailable an alternate representative who has been given the
delegated authority to act for the Mayor or Chairperson.
6.2 Under
section 13(4) of the Act, the alternate representative must be an
elected person from that local authority.
6.3 Under
clause 30(9) of Schedule 7 of the Local Government Act 2002, the powers to
discharge any representative of the Group and appoint his or her replacement
shall be exercisable only by the local authority member that appointed the
representative being discharged.
6.4 Tangata
whenua representatives appointed as advisory, non-voting members
representing:
6.4.1 Mana
Ahuriri
6.4.2 Maungaharuru-Tangitu
Trust
6.4.3 Heretaunga
Tamatea Settlement Trust
6.4.4 Tatau
Tatau o Te Wairoa
6.4.5 Ngati
Kahungunu Iwi Incorporated.
7. Representatives
to have full Delegated Authority
7.1 Each
local authority member agrees to confer full delegated authority on its
representative, or in their absence the alternate representative in order for
the Group to exercise the functions, powers, and duties of members under the
Act within approved Group budgets.
7.2 At
meetings of the Group, each local authority member's representative is to
have full authority to vote and make decisions on behalf of that local
authority without further recourse in respect of the authority granted under
7.1 above.
7.3 If
a local authority member’s representative to the Group is not
re-elected at the triennial Local Government Elections that representative
will cease to be a member of the Group and will be replaced by the elected
Mayor or Chairperson of the relevant local authority.
7.4 It
is the responsibility of each member of the Group to ensure that they have a
representative available to participate in the Group, as soon as practicable
after their representative is no longer able to represent that member for
whatever reason, with the same delegated functions, duties and powers as
their predecessor.
8. The
Group to give effect to the purposes of the Act
8.1 The
functions, powers and duties of the Group are specified in sections 16, 17
and 18 the Act. To assist the Group to meet these requirements, the
Group adopts the following objectives:
8.1.1 To
ensure that hazards (as defined in the Act) and the consequential risks are
identified and assessed.
8.1.2 Improve
and promote the sustainable management of identified hazards in a way that
contributes to the long term social, economic, cultural, and environmental
well-being and safety of people and communities.
8.1.3 Encourage
and enable communities to achieve acceptable levels of risk (as risk is
defined in the Act), including, without limitation
(i) identifying,
assessing, and managing risks, and
(ii) consulting and
communicating about risks, and
(iii) identifying and
implementing cost-effective risk reduction, and
(iv) monitoring and
reviewing the risk management process.
8.1.4 To
require local authorities to co-ordinate, through regional groups, planning,
programmes, and activities related to civil defence emergency management
across the 4Rs, and encourage co-operation and joint action within those
regional groups.
8.1.5 To
encourage through partnership and co-ordination, emergency management
planning and civil defence emergency management activities amongst the
organisations represented on the Co-ordinating Executive Group, other CDEM
partners and the Lifeline utility operators that operate within the region.
8.1.6 To
ensure an effective and efficient region-wide civil defence emergency
management capability to respond to and recover from emergencies.
9. Obligations
of local authority members
9.1 Each
local authority member of the Group will:
9.1.1 In
accordance with section 7 and 8 above, appoint their Mayor or Chairperson to
the Joint Committee; and
9.1.2 appoint
its chief executive officer to the Co-ordinating Executive Group (CEG); and
9.1.3 participate
in the preparation of and agree to the content of a Group Plan; and
9.1.4 contribute
technical expertise and resources to maintain an effective Group and local
level response capability; and
9.1.5 provide
to the Group the information or reports that may be required by the Group to
discharge its powers, functions and duties under the Act and the Group Plan.
9.2 Each
local authority member of the Group will be responsible for the risk
reduction, readiness, response and recovery arrangements required of it under
the Act, and under the Group Plan or as otherwise agreed by the Group, to the
standards agreed by the Group.
10. Delegated
Authority
10.1 Power
to appoint Group Controller. The Group will appoint one or more
suitably qualified and experienced persons or person to be the Group
Controller for the CDEM Group pursuant to by section 26 of the Act and in
accordance with the Governance and Management section of the current Group
Plan. The powers delegated to the Group Controller(s) are as defined in
the Group Plan.
10.2 Appointment
of Local Controllers.
The Group may from time to time appoint, in accordance with section 27 of the
Act and following consultation with the relevant members, one or more persons
to be a Local Controller in accordance with the Governance and Management
section of the current Group Plan.
10.3 Appoint
persons who may Declare a State of Local Emergency. The Group will
appoint at least one person as a person authorised to declare a state of
local emergency for its area and in accordance with the
Governance and Management section of the current Group Plan.
11. Civil
Defence Emergency Management Group Plan
11.1 The
Group will prepare, approve, adopt and review a Group Plan in accordance with
sections 48 to 57 of the Act.
11.2 For
the avoidance of doubt each and every obligation, agreement, covenant,
responsibility and liability under the Group Plan is binding on and will
continue to bind each and every Member of the Group and is and will continue
to be enforceable as between each of the Members, against each of the other
Members, and every Member of the Group agrees and covenants to carry out and
perform all of its obligations under the Group Plan.
12. Maintain
the Coordinating Executive Group
12.1 In
accordance with section 20 of the Act, establish and maintain a Co-ordinating
Executive Group consisting of:
12.1.1 The chief executive officer of each Member or a
senior person acting on that person's behalf; and
12.1.2 A senior representative of the Police assigned for
the purpose by the Commissioner of Police; and
12.1.3 A senior representative of Fire and Emergency New
Zealand assigned for the purpose by their Chief Executive; and
12.1.4 The chief executive of a District Health Board in
Hawke’s Bay representing the District Health Board in Hawke’s
Bay, or a person acting on their behalf; and
12.1.5 Any other persons that may be co-opted by the CDEM
Group to assist the CEG to undertake its responsibilities.
13. Remuneration
13.1 Each
local authority member of the Group shall be responsible for remunerating its
representative on the Group for the cost of that person’s participation
in the Group.
13.2 Each
tangata whenua member will be remunerated $452 per meeting attended, plus
reimbursed mileage to travel to/from meetings at the rate of $0.83/km. These
costs will be divided proportionally among the local authority members.
14. Meetings
14.1 The
Hawke’s Bay Regional Council standing orders will be used to conduct
Group meetings.
14.2 Other
standing orders may be used, subject to the agreement of the Group, and in
accordance with section 19(1) of the Act.
14.3 The
Group shall hold all meetings at such frequency, times and place(s) as agreed
for the performance of the functions, duties and powers delegated under this
Terms of Reference. However there will be at least two meetings per
year.
14.4 In
accordance with clause 23 of Schedule 7 of the Local Government Act 2002 the
quorum of the Group is all local authority members.
14.5 A
representative may attend any meeting of the Joint Committee by means of
audio or audio-visual link unless lawfully excluded.
14.6 A
representative may attend a meeting by means of audio or audio-visual link
despite –
14.6.1 clauses 25A(1) and (4) and 27(5)(a) of the Local
Government Act 2002, and
14.6.2 any limitation or condition on the use of an audio
or audio-visual link, or other contrary provision, that is contained in any
standing orders that apply to the meeting.
14.7 A
representative who attends a meeting by means of audio
or audio-visual link in accordance with this Terms of Reference is to be
counted as present for the purposes of (the quorum) clauses 23 and 30A of
Schedule 7 of the Local Government Act 2002.
14.8 In the event that a quorum cannot
be achieved, the business at any meeting convened for the Joint Committee may
be considered without further notice by a subcommittee of the Joint
Committee. The recommendations of this subcommittee will be reported
for final decision at the next Joint Committee meeting.
15. Voting
15.1 Each
local authority member has one vote at a meeting of the Group or when the
Group is required at any time to make a decision in respect of an action to
be taken by the Group.
15.2 All
actions (other than the entering into of contracts within the authorised
Group budget) to be taken by the Group must first be approved by way of a
majority vote of all members that are present and voting.
15.3 The
National Emergency Management Agency shall have observer status on the Group
and also the Coordinating Executives Group.
16. Election of Chairperson
and Deputy Chairperson
16.1 The
Group may elect a Group Chairperson and Deputy Chairperson for the Group at
the first meeting following the triennial local government elections, from
amongst the local authority representatives, and appoint replacements when
any of those offices become vacant between elections.
16.2 The
Group’s Chairperson and Deputy Chairperson shall hold office until the
first meeting following the triennial general election.
17. Administering Authority
17.1 In
accordance with section 23 of the Act, the Administering Authority for the
Group will be the Hawke’s Bay Regional Council. The Administering
Authority is responsible for the provision of administrative and related
services that may from time to time be required by the Group.
18. Group
Emergency Management Office
18.1 The
Hawke’s Bay Regional Council will establish and manage a Hawke’s
Bay Emergency Management Group Office on behalf of the Group.
18.2 The
Group Office shall coordinate technical expertise, planning and operational
functions, performance monitoring, coordination of Group-wide projects and
any other functions as are assigned to it by the Group. The Group
Office will also maintain at least one Emergency Management Advisor to be
co-located in each TLA to support and where appropriate implement local
emergency management outcomes.
18.3 The
Hawke’s Bay Regional Council will employ staff for the Group Office as
authorised by the Group and manage the office's expenditure in accordance
with the principles of the Local Government Act 2002 and amendments.
19. Group
Funding and Budget
19.1 The
proposed annual Group work programme and budget will be signed off by the
Group no later than 30 November of the year preceding the year to which the
programme and budget will apply.
19.2 The
Group work programme, and administrative and related services pursuant to
section 24 of the Act, will be funded by way of a Targeted Rate Uniform
General Charge (UGC) across the area of the Group and administered by the
Hawke’s Bay Regional Council. In order to set the Targeted Rate UGC,
the Group will communicate its agreed programme and budget to the
Hawke’s Bay Regional Council no later than 1 February of the year which
the programme and budget applies.
19.3 The
Joint Committee is responsible for deciding the civil defence and emergency
management levels of service and outcomes to be provided to the
community. As the Administrating Authority the Hawke’s Bay
Regional Council is responsible for providing the resources to achieve these
outcomes.
20. Good Faith
20.1 In
the event of any circumstances arising that were unforeseen by the parties at
the time of adopting this Terms of Reference, the parties hereby record their
intention that they will negotiate in good faith to add to or vary this Terms
of Reference so to resolve the impact of those circumstances in the best
interests of:
20.1.1 the
members of the CDEM Group collectively and
20.1.2 the
Hawke’s Bay community represented by the members of the Group
collectively.
21. Variations
21.1 Any
member may propose a variation, deletion or addition to the Terms of
Reference by putting the wording of the proposed variation, deletion or
addition to a meeting of the Group.
21.2 Amendments
to the Terms of Reference may only be made with the unanimous agreement of
all local authority members.
22. Review
of the Terms of Reference
22.1 The
Terms of Reference will be reviewed and if appropriate amended by the Group
at its first meeting following the following the triennial local government
elections.
22.2 The
adoption of an amended Terms of Reference revised under clause 22.1 will be
undertaken in accordance with section 21 above.
23.3 Amendments
to the Terms of Reference will come into effect once agreed, by resolution,
by all partner councils in accordance with Schedule 7, clause 30A of the
Local Government Act.
23. Adopted
_____
by resolution of the
Central
Hawke’s Bay District Council
Mayor
Alex Walker
_____
by resolution of the
Hastings
District Council
Mayor
Sandra Hazlehurst
26 July
2023 by resolution of the
Hawke’s
Bay Regional Council
Chair
Hinewai Ormsby
_____
by resolution of the
Napier
City Council
Mayor
Kirsten Wise
_____
by resolution of the
Wairoa
District Council
Mayor Craig Little
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