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Resolutions
That Hawke’s Bay Regional Council:
1. Receives and considers
the Terms of Reference for the Hawke's Bay Civil Defence Emergency
Management Group Joint Committee staff report.
2. Agrees that the
decisions to be made are not significant under the criteria contained in
Council’s adopted Significance and Engagement Policy, and that Council
can exercise its discretion and make decisions on this issue without
conferring with the community or persons likely to have an interest in the
decision.
3. Adopts the amended Terms
of Reference, following, for the Hawke’s Bay Civil Defence Emergency
Management Group Joint Committee as proposed with the addition of “but
must provide a report to that TLA within 30 days of the meeting” to the
end of clause 7.2.
Kirton/Foley
CARRIED
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, but must provide a
report to the local authority within 30 days of the meeting.
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.
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