|
Resolution
That the Climate Action Joint Committee:
1. Receives and considers
the Climate Action Joint Committee Terms of Reference update.
2. Accepts the Terms of
Reference following as adopted by the partner councils.
Walker/Harding
CARRIED
Climate Action Joint
Committee Terms of Reference
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
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.
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.
3.5.
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
4.1.
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.
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.
9.
Voting
9.1.
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.
9.2.
Where voting is required, each member has one vote.
9.3.
Best endeavours will be made to achieve decisions on a consensus
basis.
9.4.
The Chairperson at any meeting has a deliberative vote and, in
the case of equality of votes, may use a casting vote.
10. Good faith
10.1.
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.
11. Remuneration
11.1.
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.
11.2.
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.
12. Technical Advisory Group and Reporting
12.1.
A technical advisory group (TAG) will service the Climate Action
Joint Committee.
12.2.
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.
12.3.
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.
13. Variations to the Terms of Reference
13.1.
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 Joint Committee for recommending to the
partner councils if agreed.
13.2.
Amendments to the Terms of Reference must be agreed by all
partner councils before taking effect.
Recommended for Adoption
13.3.
The Climate Action Joint Committee, made up of the following
members, confirms this Terms of Reference as adopted by the five partner
councils.
|
