Minutes of a meeting of the Regional Council

 

Date:                                    26 July 2023

Time:                                    1.30pm

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                              Cr H Ormsby, Chair

Cr W Foley, Deputy Chair

Cr X Harding

T Hopmans, RPC Co-chair (online)

K Kawana, Māori Committee Co-chair (online)

Cr N Kirton

Cr C Lambert

Cr J Mackintosh

M Paku, Māori Committee Co-chair

Cr D Roadley

Cr S Siers

Cr J van Beek

Cr M Williams

 

In Attendance:                 P Munro – Interim Chief Executive

A Siddles – Acting Group Manager Corporate Services

K Brunton – Group Manager Policy and Regulation

C Dolley – Group Manager Asset Management

I Maxwell – Group Manager Integrated Catchment Management

S Young – Executive Officer Recovery

A Allan – Senior Business Partner

L Hooper – Team Leader Governance

S Bell – Strategy and Performance Team Leader

P Martin – Senior Governance Advisor

M Johanssen – Director Communications & Engagement

 

 


1.         Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone to the meeting and Mike Paku opened with a karakia.

Resolution

RC42/23

That the apologies for absence from Councillor Thompson Hokianga, from Tania Hopmans for lateness and from Mike Paku and councillors Hinewai Ormsby and Di Roadley for early departure be accepted.

Ormsby/Siers

CARRIED

 

2.         Conflict of interest declarations

There were no conflicts of interest declared.

 

3.         Confirmation of Minutes of the Extraordinary Regional Council meeting held on 19 July 2023

RC43/23

Resolution

Minutes of the Extraordinary Regional Council meeting held on Wednesday, 19 July 2023, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Harding/van Beek

CARRIED

 

4.

Call for minor items not on the Agenda

 

There were no items raised.

 

5.

Annual Plan 2023-2024 for adoption

 

Nic Peet introduced the item and Andrew Siddles, Amy Allen and Sarah Bell, who spoke to the item. Discussions noted:

·    Following legal review of the agenda item, a new set of recommendations is proposed for resolutions – including to adopt an unbalanced budget inconsistent with the Council’s Revenue and Financing Policy

·    Statements will be corrected to reflect that $1M will be drawn down from each of the Disaster Damage Reserves.

Katarina Kawana joined the meeting online at 1.45pm

RC44/23

Resolutions

That Hawke’s Bay Regional Council:

1.          Receives and considers the Annual Plan 2023-2024 for adoption 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.

3.          Agrees that it is financially prudent to adopt an unbalanced budget for 2023-24 having regard to the LGA 2002 sections 101 (1) and (2) and 100 (2) (a) to (d), and records that the decision to adopt an unbalanced budget has been made acknowledging:

3.1.          the need to progress flood protection repair work to restore the flood protection network following the damage caused by Cyclone Gabrielle, and

3.2.          that Council has the financial capacity to borrow to fund additional expenditure for flood protection recovery work, and

3.3.          that the unbalanced budget will have future financial implications that will need to be managed in future years, and

3.4.          Council’s funding and financial policies adopted under section 102.

4.          Agrees, in accordance with section 80 of the LGA that:

4.1.          a decision to borrow to fund operating expenses is inconsistent with Council’s Revenue and Financing Policy as this policy does not include borrowing as a source of funding for operating expenditure,

4.2.          this inconsistency is due to the accounting standards change for the treatment of ICT developments and data models (from capex to opex), and Council’s decision to borrow to fund the shortfall in the cost of repairs to flood protection assets damaged during Cyclone Gabrielle, given the long-term benefits which will result from this expenditure, and

4.3.          the Council does not intend to amend the Revenue and Financing Policy given that the next financial year is a LTP year as part of which the Council will consider whether future revenue and financing policies should provide some flexibility about use of borrowing for operating expenditure.

5.          Adopts the Annual Plan 2023-2024 in accordance with Section 95 of the Local Government Act 2002.

6.          Delegates to the Acting Group Manager Corporate Services authority to make any required minor amendments or edits to the Annual Plan 2023-2024 prior to publishing.

7.          Approves the borrowing of funds necessary to fund the proposed operating expenditure in the Annual Plan 2023-2024, including $13.5m for cyclone recovery activities that was not provided for in the 2021-31 Long Term Plan.

8.          Delegates to the Chief Executive and Group Manager Corporate Services, authority to negotiate and agree on the terms and conditions of all loans required to fund the expenditure requirements set out in the Annual Plan.

9.          Sets the fees and charges for the 2023-2024 financial year as set out following.

Kirton/Harding

CARRIED

 

 

6.

Setting of the Rates for 2023-2024 Financial Year

 

Nic Peet introduced the item, which was taken as read, and Andrew Siddles who noted five points raised by the legal review.

Tania Hopmans joined the meeting online at 1.50pm

·    All of the tables will be double-checked to ensure they are correct.

RC45/23

Resolutions

That Hawke’s Bay Regional Council:

1.      Confirms that the decisions to be made on the setting and assessing of rates cover information in the Funding Impact Statement for the 2023-2024 year as included in the 2023-2024 Annual Plan as required by Section 95 of the Local Government Act 2002.

2.      Sets the following rates for the 2023-2024 financial year under the Local Government (Rating) Act 2002, on rating units in the region for the financial year commencing on 1 July 2023 and ending on 30 June 2024. These rates are set in accordance with the relevant provisions of the 2023-2024 Annual Plan’s Funding Impact Statement and are inclusive of GST.

2.1.       A general rate is set under sections 13, and 131 of the Local Government (Rating) Act 2002 on an estimate of projected land value as per the following table.

2.2.       A uniform annual general charge is set at $65.89 per separately used or inhabited part of a rating unit (SUIP) under section 15(1)(b) of the Local Government (Rating) Act 2002 as per the following table.

2.3.       The following differential targeted rates, as described in the Funding Impact Statement, are set under sections 16,17 & 18 of the Local Government (Rating) Act 2002 as per the tables following.

2.3.1.       Subsidised Public Transport – Based on estimate of projected land value and location (urban areas of Napier, Hastings, Havelock North and Clive but excluding Bay View)

2.3.2.       Heretaunga Plains Flood Control Scheme - Rates set on an estimate of projected capital value based on the location of each property.

2.3.3.       Upper Tukituki Flood Control Scheme - Rates set on land value based on the location of each property.

2.3.4.       Central & Southern Area Rivers & Streams – based on location and capital value

 

 

 

2.3.5.       Wairoa River and Streams Scheme – based on capital value

2.3.6.       Various Streams and Drainage Schemes

2.3.6.1.    Napier, Meeanee & Puketapu – land value based on land use

2.3.6.2.    Karamu & Tributaries – land value based on land use

2.3.6.3.    Raupare Twyford – based on location and land value

2.3.6.4.    Raupare Enhancement – based on location and land area

2.3.6.5.    Haumoana Te Awanga – based on location and land value

2.3.6.6.    Tūtaekurī-Waimate & Moteo – based on location and land value

2.3.6.7.    Pakowhai Brookfields – based on location and land value

2.3.6.8.    Brookfields & Awatoto – land value based on land use

2.3.6.9.    Clive & Muddy Creek – land value based on land use

2.3.6.10.  Puninga – based on location and land value

2.3.6.11.  Upper Makara – Area based on location

2.3.6.12.  Poukawa Drainage – land value based on location

 

 

 

 

 

2.3.6.13.  Paeroa Drainage – Area based on location

2.3.6.14.  Ohuia, Whakaki – Area based on location

2.3.6.15.  Opoho Drainage – Fixed amount based on location

2.3.6.16.  Kopuawhara Stream – Area based on location

2.3.6.17.  Te Ngarue Stream – Area based on location

 

 

 

 

2.3.6.18.  Esk River – Area based on location

2.3.6.19.  Whirinaki Stream – Area based on location

2.3.6.20.  Pōrangahau Flood Control – based on location and land value

2.3.6.21.  Maraetotara Flood Control – based on location and Capital value

2.3.7.       Animal Pest Strategy – based on area (greater than 4.0469 hectares), productivity and land use

 

 

 

 

 

2.3.8.       Forest Pest Strategy – based on area (greater than 4.0469 hectares), productivity and land use

2.3.9.       Sustainable Land Management – based on land area (greater than 4.0469 hectares), productivity and location

2.3.10.     Plant Pest Strategy – based on area (greater than 4.0469 hectares) and productivity

2.3.11.     Healthy Homes/Clean Heat – based on location (Napier and Hastings air sheds) and equalized land value

 

 

 

 

2.3.12.     Sustainable Homes – Financial Assistance (includes Clean Heat Assistance) Based on value of service provided to specific properties as requested

2.3.13.     Economic Development - Commercial and industrial properties based on capital value

2.3.14.     Regional Cyclone Recovery (Variable) - All properties based on land value

2.4.       The following uniform targeted rates, as described in the Funding Impact Statement, are set under sections 16 and 17 of the Local Government (Rating) Act 2002 as per the following tables.

2.4.1.       Various Streams and Drainage Schemes

2.4.1.1.    Karamu Drainage – Fixed amount per separately used or inhabited part based on location

2.4.1.2.    Karamu Enhancement – Fixed amount per separately used or inhabited part based on location

 

 

2.4.1.3.    Kairakau Community – Fixed amount per separately used or inhabited part of a property based on location

2.4.2.       Coastal Hazards - Fixed amount per separately used or inhabited part based on location

2.4.3.       Economic Development: Residential and rural properties as a fixed amount per separately used or inhabited part of a rating unit

2.4.4.       CDEM- Emergency Management - Fixed amount per separately used or inhabited part based on location

2.4.5.       Regional Cyclone Recovery Rate - All properties as a fixed amount per separately used or inhabited part of a rating unit

3.      Sets the due date for payment of rates set for the financial year commencing 1 July 2023 and ending on 30 June 2024 as 20 September 2023.

4.      Resolves, in accordance with sections 57 and 58(1)(a) of the Local Government (Rating) Act 2002, that a penalty of 10% be added to the amount of rates for the 2023-2024 financial year that remain unpaid after the due date stated above.   The penalty will be added on 21 September 2023.

5.      Resolves, in accordance with sections 57 and 58(1)(b) of the Local Government (Rating) Act 2002, that a penalty of 10% be added to the amount of rates from previous financial years remaining unpaid on 2 August 2023.  The penalty will be added at 5pm on 2 August 2023.

Williams/Harding

CARRIED

 

7.

Regional Planning and Māori Committee appointees' Remuneration Review

 

Pieri Munro introduced the item, which was taken as read, and it was noted:

·    Last review of Māori Committee remuneration was 2018 and Regional Planning Committee in 2019

·    Changes recommended will have minor financial impacts on Māori Partnerships budgets

·    Previous review of per meeting fee was recommended at $436 in 2018 and the review recommends that is kept at the $452 as previously set by Council.

·    Draft reports and recommendations were provided to tangata whenua on 8 June seeking feedback by 17 July and only one person responded with feedback to Strategic Pay within that time.

·    One difference between Māori Committee and RPC is RPC a statutory decision-making body whereas Māori Committee is advisory.

·    All RPC and Māori Committee appointed tangata whenua members have not discussed the Strategic Pay report and will be given the opportunity to do so before the 30 August Council meeting to enable Council to consider their feedback prior to making its decisions.

RC46/23

Resolutions

That Hawke’s Bay Regional Council:

1.      Receives and considers the Regional Planning and Māori Committee appointees' remuneration review report.

2.      Defers decisions on the Regional Planning Committee and Māori Committee appointees' remuneration to the 30 August 2023 Regional Council meeting.

Ormsby/Foley

CARRIED

 

8.

Report and recommendations from the Climate Action Joint Committee

 

Nic Peet and Pippa McKelvie-Sebileau introduced the item, which was taken as read. Hinewai Ormsby, as Chair of the Joint Committee, highlighted the Spatial climate vulnerability assessment tool presentation made by Tom Logan of Urban Intelligence and the World Weather Attribution Study on Cyclone Gabrielle presentation made by Dr Sam Dean.

RC47/23

Resolutions

That Hawke’s Bay Regional Council:

1.      Receives and notes the Report and recommendations from the Climate Action Joint Committee.

2.      Adopts the amended Terms of Reference (following) for the Climate Action Joint Committee.

Harding/Roadley

CARRIED

Terms of Reference for the Climate Action Joint Committee

Adopted by resolution of:

Hawke’s Bay Regional Council, 26 July 2023

Hastings District Council, 20 July 2023

Napier City Council, 20 July 2023

Central Hawke’s Bay District Council, _________2023

Wairoa District Council, 18 July 2023

 

1.               Name and status of Joint Committee

1.1.           The Joint Committee shall be known as the Climate Action Joint Committee.

1.2.           The Joint Committee is a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act (the Act).

2.               Purpose

2.1.           Climate mitigation and adaptation is core business for councils. It spans multiple council workstreams such as urban planning, land-use and resource management, transport, flood protection, coastal hazards and emergency management. Without duplicating effort, the purpose of the Joint Committee is to support a coordinated and collaborative response to address the complex challenge of Climate-Resilient Development[1] for the communities of Hawke’s Bay.

2.2.           The focus of the Joint Committee’ will be promoting action to mitigate climate change (emissions reductions and offsetting) and adapt to the changing regional climate.

2.3.           The Joint Committee aims to support communities and industries to become resilient to the effects of climate change and to thrive within the means of our natural environment in a manner that aligns with central government policy on climate change[2].

3.               Objectives

3.1.           Oversee and guide the development and implementation of a Regional Emissions Reduction Plan including recommending actions for partner councils to consider for inclusion in their Long Term Plans.

3.2.           Oversee and guide the development and implementation of a spatial Regional Climate Risk Assessment to deliver on responsibilities under the National Adaptation Plan to:

3.2.1.       Reduce vulnerability to the impacts of climate change

3.2.2.       Enhance adaptive capacity and consider climate change in decisions at all levels

3.3.           Strengthen resilience

3.4.           Support compliance with the statutory requirement to “have regard to” the National Emissions Reduction Plan and the National Adaptation Plan in all RMA-related plans of partner councils[3].

3.5.           Inform planning to drive climate-resilient development in the right locations within the Future Development Strategy required under the National Policy Statement on Urban Development, and the Regional Spatial Strategy and regional combined plan proposed under the Spatial Planning and Natural and Built Environments legislation.

3.6.           Collaborate on the delivery of key services for infrastructure impacted by climate change on respective councils.

4.               Membership[4]

4.1.           Up to two elected members from the Hawke’s Bay Regional Council; being the Chair and one other elected member, and one alternate.

4.2.           Up to two elected members from each Territorial Authority within the Hawke’s Bay region; preferably the Mayor and one other elected member, and one alternate.

4.3.           Each Post [Treaty] Settlement Governance Entity (PSGE) within the Hawke’s Bay region is invited to appoint one member, and one alternate.

4.4.           Up to two members and one alternate appointed to represent the Ngāti Kahungunu Taiwhenua and Board representatives on the HBRC Māori Committee[5].

4.5.           Under clause 30A(6) Schedule 7 of the Act, the power to discharge any member on the Joint Committee and appoint his or her replacement shall be exercisable only by the body that appointed the member.

5.               Chairperson and Deputy Chairperson

5.1.           The Chairperson of the Joint Committee will be the Chair of the Hawke’s Bay Regional Council.

5.2.           At the first meeting of the Joint Committee the members shall elect a Deputy Chairperson.

5.3.           The mandate of the Chairperson and Deputy Chairperson ends if that person, through resignation or otherwise, ceases to be a member of the Joint Committee.

6.               Delegated authority

The Joint Committee has delegated responsibilities for:

6.1.           Guiding and monitoring climate mitigation and adaptation across the region with current and relevant technical inputs.

6.2.           Leading regional emissions reduction plans including recommending actions for consideration to partner councils to include in their long term plans

6.3.           Leading spatial regional climate risk assessments to deliver on responsibilities under the National Adaptation Plan

6.4.           Setting targets, including interim goals, towards achieving carbon neutrality by 2050

6.5.           Monitoring regional greenhouse gas emissions (community carbon footprint) on a regular basis and reporting annually on implementation of regional emissions reduction plans

6.6.           Considering and recommending key emissions reduction actions to each of the partner councils and industry for consideration

6.7.           Advocating for and/or advancing the objectives of regional climate action by submitting on and participating in processes, at the Joint Committee’s discretion, including but not limited to:

6.7.1.       Council long term plans

6.7.2.       Council annual plans

6.7.3.       District and regional plan and policy changes

6.7.4.       Reserve management plans

6.7.5.       Asset management plans

6.7.6.       Notified resource consent applications

6.7.7.       Central Government policy and legislation

6.7.8.       Investigating and securing additional sources of funding to support regional decarbonisation, offsetting and protecting communities from the impact of climate change.

6.8.           For the avoidance of doubt, the Joint Committee can only make recommendations to partner councils. Without legally binding subsequent council decisions, the partner councils agree to:

6.8.1.       Have particular regard to the recommendations of the Joint Committee in developing policies, determining priorities, and allocating resource

6.8.2.       Progress, to the fullest possible extent, actions identified through joint planning and decision-making arrangements.

7.               Powers not delegated

The following powers are not delegated to the Joint Committee:

7.1.           Any power that cannot be delegated in accordance with clause 32 Schedule 7 of the Local Government Act 2002.

7.2.           Decisions relating to the allocation of funding for undertaking investigations, studies and/or projects in climate adaptation, offsetting or climate mitigation and matters relating to consenting.

8.               Meetings

8.1.           The Hawke’s Bay Regional Council standing orders will be used to conduct Joint Committee meetings as if the Joint Committee were a local authority and the principal administrative officer (Chief Executive) of the Hawke’s Bay Regional Council or his or her nominated representative were its principal administrative officer.

8.2.           The Joint Committee shall hold meetings at such frequency, times and place(s) as required for the performance of the functions, duties and powers delegated under this Terms of Reference, at least three times per year.

8.3.           Notice of meetings will be given as far in advance a possible to all Joint Committee members, and in accordance with the provisions of the Local Government Official Information and Meetings Act 1987.

8.4.           Meetings may provide for members’ attendance by audio-visual link if required.

8.5.           Members, or their confirmed alternates, will attend all Joint Committee meetings.

8.6.           The quorum will consist of a majority of members.

 

Voting

8.7.           In accordance with clause 32(4) Schedule 7 of Act, at meetings of the Joint Committee each member has full authority to vote and make decisions within the delegations of the Terms of Reference on behalf of the body that appointed them without further recourse to the appointing body.

8.8.           Where voting is required, each member has one vote.

8.9.           Best endeavours will be made to achieve decisions on a consensus basis.

8.10.        The Chairperson at any meeting has a deliberative vote and, in the case of equality of votes, may use a casting vote.

9.               Good faith

9.1.           In the event of any circumstances arising that were unforeseen by the partner councils or their representatives at the time of adopting these Terms of Reference, the partner councils and their representatives hereby record their intention that they will negotiate in good faith to add to or vary these Terms of Reference so as to resolve the impact of those circumstances in the best interests collectively of the partner councils taking into account also the views of the Regional Planning Committee and Māori Committee appointed members in relation to those circumstances.

10.             Remuneration

10.1.        Each partner council shall be responsible for remunerating its representatives on the Joint Committee and for the costs of those persons' participation in the Joint Committee.

10.2.        Hawke’s Bay Regional Council as the Administering Authority shall be responsible for remunerating the HBRC Māori Committee representatives and the PSGE representatives on the Joint Committee for travel and attendance as per its agreed meeting fees policy.

11.             Technical Advisory Group and Reporting

11.1.        A technical advisory group (TAG) will service the Climate Action Joint Committee.

11.2.        The TAG will comprise of staff members from the partner councils who are working in climate mitigation and adaptation and will involve subject matter experts as required to ensure linkages with other workstreams, such as the work of the Regional Transport Committee and Napier-Hastings Future Development Strategy Joint Committee. The TAG will be led by the Hawke’s Bay Regional Council Climate Action Ambassador along with the dedicated climate roles at Napier City Council and Hastings District Council.

11.3.        Following each meeting of the Joint Committee, the TAG shall create a summary report of the business of the meeting which will be distributed, for information, to each partner council for inclusion in the agenda for the next available council meeting. Such reports will be in addition to any formal minutes prepared by the Administering Authority, which will be circulated to Joint Committee members.


Variations to the Terms of Reference

11.4.        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 Joint Committee for recommending to the partner councils if agreed.

11.5.        Amendments to the Terms of Reference must be agreed by all partner councils before taking effect.

12.             Recommended for Adoption

12.1.        The Climate Action Joint Committee, made up of the following members, confirms this Terms of Reference as adopted by the five partner councils.

Hawke’s Bay Regional Council represented by:

Councillors Hinewai Ormsby and Xan Harding, and Di Roadley as alternate.

Councillor Hinewai Ormsby as Chairperson of the Climate Action Joint Committee

Appointed by HBRC resolution on 25 January 2023.

Hastings District Council represented by:

Mayor Sandra Hazlehurst and Councillor Ann Redstone, and Councillor Tania Kerr as alternate.

Appointed by HDC resolution on 2 March 2023.

Napier City Council represented by:

Councillors Annette Brosnan and Hayley Browne, and Chad Tareha as alternate.

Appointed by NCC resolution on 16 March 2023.

Central Hawke’s Bay District Council represented by:

Mayor Alex Walker and Councillor Tim Aitken, and Councillor Jerry Greer as alternate.

Appointed by CHBDC resolution on 23 March 2023.

Wairoa District Council represented by:

Mayor Craig Little and Councillor Roslyn Thomas, and Councillor Denise Eaglesome-Karekare as alternate.

Appointed by WDC resolution on 18 July 2023

HBRC Māori Committee representatives Paul Kelly and Roger Maaka, and Marei Apatu as alternate; appointed by HBRC Māori Committee resolution on 3 May 2023.

Post [Treaty] Settlement Entity appointees:

Heretaunga Tamatea Settlement Trust represented by Keri Ropiha

Mana Ahuriri Trust

Maungaharuru-Tangitu Trust represented by Tania Hopmans

Ngati Pahauwera Development & Tiaki Trusts represented by Theresa Thornton

Ngati Tuwharetoa Hapu Forum

Tātau Tātau o Te Wairoa represented by Michelle McIlroy

Te Kopere o te Iwi Hineuru

Te Toi Kura o Waikaremoana

Appendix A – Project Background

1.        The Regional Council declared a climate emergency for the Hawke’s Bay region on 26 June 2019. The declaration recognises that the climate crisis is an urgent and pervasive threat to human and ecological wellbeing and that we have a small window of time to act to avoid the most damaging effects of the climate crisis in the longer term. This climate crisis declaration was one of many declarations by councils across the country, with the Government declaring a climate emergency on 2 December 2020.

2.        In 2022 HBRC, HDC, and NCC each invested in dedicated strategic climate change roles, an acknowledgement of the important leadership role councils can, and should, play in regional climate action.

3.        There is a general acknowledgement that the transition to a low emissions future cannot be achieved by individual councils working in isolation and a regional approach is needed.

4.        In 2022 the Ministry for Environment released Aotearoa’s first Emissions Reduction Plan.  National legislation introduced in November 2022 states that local government must have regard to the National Emissions Reduction Plan and the National Adaptation Plan when developing RMA-related plans.

5.        In September 2022 the first Hawke’s Bay Community Carbon Footprint was released, measuring greenhouse gas emissions from 2018-19 to 2020-21.  Separate footprints were created for each Territorial Authority.  The whole of region footprint established that our regional emissions for 2020-21 were made up of:

5.1.       Agriculture 67%

5.2.       Transportation 20%

5.3.       Stationary Energy 10%

5.4.       Waste 2%

5.5.       IPPU 1% (Industrial Processes and Product Use)

6.        The next step for is to create a Regional Emissions Reduction Plan, with input from all Hawke’s Bay councils, as well as significant engagement across expert, business, and community spheres.

 

9.

Terms of Reference for the Hawke's Bay Civil Defence Emergency Management Group Joint Committee

 

Nic Peet introduced the item, which was taken as read. Questions and discussions covered:

·    Emergency Management Bill, only recently introduced in Parliament, provides for tāngata whenua membership at both governance and operational levels with full participation including voting – not advisory – so this is an interim step while the legislative process catches up.

·    Rationale for tāngata whenua representation was to invite tāngata whenua heavily involved in the Cyclone Gabrielle response and recovery. Ngati Kahungunu represents both mana whenua and tāngata whenua through their constitution.

Mike Paku left the meeting at 2.30pm

·    It was suggested that clause 7.2 be amended to add “but must provide a report to that TLA within 30 days of the meeting” to the end of it.

RC48/23

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.

 

10.

Report and recommendations from the Napier-Hastings Future Development Strategy Joint Committee

 

Katrina Brunton introduced the item, which was taken as read, and advised changes proposed by Hastings District Council at a workshop held yesterday, including:

·    Possible changes to the way greenfields developments are noted on the maps and described in the text.

·    Suggest that HBRC representatives (Martin Williams, Jock Mackintosh and Sophie Siers) be delegated to agree changes to the Issues and Options report on behalf of HBRC to avoid potential circular process of changes.

·    Regional approach will be taken in future – presently the legislation requires Napier and Hastings to develop the future development strategy, building on the previous Heretaunga Plains Urban Development Strategy (HPUDS).

·    Key issues include limiting development on productive soils, intensification of residential development and avoiding residential development in hazard zones.

·    More work to be done around Māori demographics.

RC49/23

Resolutions

That Hawke’s Bay Regional Council:

1.          Receives and considers the ‘Report and recommendations from the Napier-Hastings Future Development Strategy Joint 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 this issue without conferring directly with the community or persons likely to have an interest in the decision.

3.          At the meeting, provides feedback to staff on the draft Issues and Options report and the public engagement proposals.

4.          Delegates to councillors Jock Mackintosh, Martin Williams and Sophie Siers, agreement to the final form of the Issues and Options report and endorsement of it.

Mackintosh/Williams

CARRIED

 

11.

Terms of Reference for the review into the performance of HBRC's flood scheme assets and river management programmes in response to Cyclone Gabrielle

 

Nic Peet introduced the item, which was taken as read. It was noted:

·    The Panel is completely independent of Council.

·    The panel’s skillsets te au Māori through Bernadette Arapere.

·    Important to get community engagement correct and that process is the Panel’s current (first) priority.

RC50/23

Resolution

That Hawke’s Bay Regional Council receives and notes the Terms of Reference for the review into the performance of HBRC’s flood scheme assets and river management programmes during Cyclone Gabrielle staff report.

Siers/Williams

CARRIED

Councillors Hinewai Ormsby and Di Roadley left the meeting at 3.03pm

Councillor Will Foley assumed the Chair at 3.03pm

12.

Strategic projects report to 30 June 2023

 

The Chair introduced the item, and discussions covered:

·    Chris Dolley outlined the feedback and closing off of the land categorisation process for the community, which is well documented and has been legally reviewed. All landowner queries are to go to the city or district council whose boundaries the property is in.

·    Funding for ‘transport choices’ is specifically provided for infrastructure and cannot be diverted to other projects.

·    Revised IRG programme has been provided to Kanoa along with advice that a review will provide information as to how to best refine and/or reconfigure the scheme to deal with an over-design event.

·    Heretaunga Water Storage will come to Council at the end of September for next steps decisions.

RC51/23

Resolution

That Hawke’s Bay Regional Council receives and notes the Strategic projects report to 30 June 2023.

Williams/Siers

CARRIED

 

13.

Significant organisational activities through August 2023

 

Discussions covered:

·    Silt and gravel will be removed from river channels if required for flood capacity as determined by river surveys and prioritisation of removal; matching industry up with sources.

·    A detailed review of the Chillean Needle Grass control programme will be carried out in August to provide options for ongoing control.

·    Tough choices about priorities for temporary interventions or to do things properly to an enduring standard. First priority is for safety – to prevent loss of life which is why stopbanks were repaired so quickly.

·    Looking at and putting better solutions in place will take 10 years to complete due to the scale of what needs to be done.

·    A lot of areas in Hawke’s Bay have been built on flood plains and better risk assessments need to be taken into account when planning decisions are being made and when people are making decisions about where to live.

RC52/23

Resolution

That the Hawke’s Bay Regional Council receives and notes the Significant organisational activities through August 2023 staff report.

Williams/Mackintosh

CARRIED

 

14.

Discussion of minor items not on the Agenda

 

There were no items raised.

 

Councillor Will Foley led a karakia to close the meeting.

 

Closure:

There being no further business the Chair declared the meeting closed at 3.36pm on Wednesday, 26 July 2023.

 

Signed as a true and correct record.

Date: by HBRC resolution 30 August 2023                   Chair: Hinewai Ormsby



[1] Climate Resilient Development is a framework developed in the Intergovernmental Panel on Climate Change 6th report – Impacts, Adaptation and Vulnerability. It combines strategies to adapt to climate change with actions to reduce greenhouse gas emissions to support sustainable development for everyone (FAQ 6: What is Climate Resilient Development? ipcc.ch )

[2]  Including UNFCCC Paris Agreement on Climate Change.

[3] From 30 November 2022 it is a legal requirement for local government to ‘have regard to’ the national adaptation plan and the emissions reduction plan when preparing or changing regional policy statements, regional plans and district plans. (Guidance note environment.govt.nz)

[4] Membership will be reviewed at the end of the three-yearly cycle.

[5] HBRC Māori Committee has 13 tangata whenua representatives, 3 from each of the Taiwhenua (and Wairoa Kahungunu Executive) within the Hawke’s Bay regional boundary and 1 from the Ngāti Kahungunu Iwi Inc Board.