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Resolutions
That Hawke’s Bay Regional Council:
1. Receives and notes the Report
and recommendations from the Clifton to Tangoio Coastal Hazards Strategy
Joint Committee.
2. Adopts the
amended Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of
Reference (following) as proposed.
van Beek/Harding
CARRIED
Terms
of Reference for the Clifton to Tangoio Coastal Hazards Strategy Joint
Committee
As
adopted by resolution of:
Hastings
District Council, ______
Napier
City Council, _____
Hawke’s
Bay Regional Council, 29 November 2023
1.
Definitions
For the purpose of these Terms of
Reference:
1.1
Act means the Local Government Act
2002
1.2
Administering Authority means
Hawke’s Bay Regional Council
1.3
Coastal Hazards Strategy means
the Coastal Hazards Strategy for the Hawke Bay coast between Clifton and
Tangoio
1.4
Council member means an elected
representative appointed by a Partner Council
1.5
Hazards means natural hazards with the
potential to affect the coast, coastal communities and infrastructure over
the next 100 years, including, but not limited to, coastal erosion, storm
surge, flooding or inundation of land from the sea, and tsunami; and includes
any change in these hazards as a result of sea level rise
1.6
Joint Committee means the group known
as the Clifton to Tangoio Coastal Hazards Strategy Joint Committee set up to
recommend both draft and final strategies to each Partner Council.
1.7
Member in relation to the Joint
Committee means each Council Member and each Tangata Whenua Member.
1.8
Partner Council means one of the
following local authorities: Hastings District Council, Napier City Council
and Hawke’s Bay Regional Council
1.9
Tangata Whenua Appointer means:
1.9.1
The trustees of the Maungaharuru-Tangitū Trust, on behalf
of the Maungaharuru-Tangitū Hapū
1.9.2
Mana Ahuriri Incorporated, on behalf of Mana Ahuriri Hapū
1.9.3
Heretaunga Tamatea Settlement Trust, on behalf of the hapū
of Heretaunga and Tamatea
1.10
Tangata Whenua member means
a member of the Joint Committee appointed by a Tangata Whenua Appointer.
2.
Name and status of Joint Committee
2.1 The Joint Committee shall be known as the Clifton to Tangoio
Coastal Hazards Strategy Joint Committee.
2.2 The Joint Committee is a joint committee under clause 30(1)(b)
of Schedule 7 of the Act.
3.
Partner Council Members
3.1 Each Partner Council shall appoint three Council members and one
alternate to the Joint Committee.
3.2 If not appointed directly as Council members, the Mayors of
Hastings District Council and Napier City Council and the Chairperson of
Hawke’s Bay Regional Council are ex officio Council members.
3.3 Under clause 30(9) Schedule 7 of the Act, the power to discharge
any Council member on the Joint Committee and appoint his or her replacement
shall be exercisable only by the Partner Council that appointed the member.
4.
Tangata Whenua members
4.1 Each Tangata Whenua Appointer may appoint one member to sit on
the Joint Committee.
4.2 Each Tangata Whenua Appointer must make any appointment and
notify all Tangata Whenua Appointers and Partner Councils in writing of the
appointment.
4.3 The Tangata Whenua members so appointed shall be entitled to
vote.
4.4 Under clause 30(9) Schedule 7 of the Act, the power to discharge
any Tangata Whenua member on the Joint Committee and appoint his or her
replacement shall be exercisable only by the Tangata Whenua Appointer that
appointed the member.
5.
Purpose of Terms of Reference
5.1 The purpose of these Terms of Reference is to:
5.1.1 Define the responsibilities of the Joint Committee as delegated
by the Partner Councils under the Act.
5.1.2 Provide for the administrative arrangements of the Clifton to
Tangoio Coastal Hazards Strategy Joint Committee as detailed in Appendix 2.
6.
Delegated authority
The Joint Committee has the responsibility
delegated by the Partner Councils for:
7.1 Guiding and providing oversight for the key components of the
coastal hazards strategy including:
7.1.1 The identification of coastal hazards extents and risks as
informed by technical assessments
7.1.2 A framework for making decisions about how to respond to those
risks
7.1.3 A model for determining how those responses shall be funded; and
on a plan for implementing those responses when
confirmed
7.2
Considering and recommending a draft strategy to the
Hawke’s Bay Regional Council for public notification and consultation
7.3
Advocating for and/or advancing the objectives of the Strategy
by submitting on and participating in processes, including but not limited
to:
7.5.1 Council long term plans
7.5.2 Council annual plans
7.5.3 District and regional plan and policy changes
7.5.4 Reserve management plans
7.5.5 Asset management plans
7.5.6 Notified resource consent applications
7.5.7 Central Government policy and legislation
7.6 Investigating and securing additional sources of funding to
support strategy implementation.
7.
Powers not delegated
The following powers are not delegated to
the Joint Committee:
8.1 Any power that cannot be delegated in accordance with clause 32 Schedule
7 of the Local Government Act 2002
8.2 The determination of funding for undertaking investigations,
studies and/or projects to assess options for implementing the Clifton to
Tangoio Coastal Hazards Strategy.
8.
Remuneration
9.1 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.
9.2 The Administering Authority shall be responsible for
remunerating the Tangata Whenua members.
10. Meetings
10.1 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.
10.2 The Joint Committee 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.
10.3 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.
10.4 Members, or their confirmed alternates, will attend all Joint
Committee meetings.
10.5 The quorum shall be 6 Members, provided that at least one
Partner Council member is present from each Partner Council.
11. Voting
11.1 In accordance with clause 32(4) Schedule 7 of Act, at meetings
of the Joint Committee each Council member has full authority to vote and
make decisions within the delegations of the Terms of Reference on behalf of
the Partner Council without further recourse to the Partner Council.
11.2 Where voting is required, each member has one vote.
11.4 Best endeavours will be made to achieve decisions on a consensus
basis.
11.5 The Chairperson at any meeting has a deliberative vote and, in
the case of equality of votes, may use a casting vote.
12. Chairperson and Deputy Chairperson
12.1 The Chairperson of the Joint Committee will be one of the
Hawke’s Bay Regional Council members as elected and appointed by
Hawke’s Bay Regional Council.
12.2 At the first meeting of the Joint Committee the members shall
elect up to two Deputy Chairpersons.
12.2 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.
13. Reporting
13.1 All reports to the Committee shall be presented via the
Technical Advisory Group.
13.2 Following each meeting of the Joint Committee, the Project
Manager shall prepare a brief summary report of the business of the meeting
and circulate that report, for information, to each member. Such reports will
be in addition to any formal minutes prepared by the Administering Authority,
which will be circulated to Joint Committee representatives.
13.3 The Technical Advisory Group shall ensure that the summary
report required by 13.2 is also provided to each Partner Council for
inclusion in the Agenda for the next available Council meeting. A Technical
Advisory Group Member shall attend the relevant Council meeting to speak to
the summary report if requested and respond to any questions.
14. Good faith
14.1 In the event of any circumstances arising that were unforeseen
by the Partner Councils, the Tangata Whenua Appointers, or their respective
representatives at the time of adopting this Terms of Reference, the Partner
Councils and the Tangata Whenua Appointers and their respective
representatives 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 the Partner Councils and the
Tangata Whenua Appointers collectively.
15.
Variations to the Terms of Reference
15.1 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.
15.2 Amendments to the Terms of Reference may only be made with the
approval of all Members.
16. Recommended for Adoption
16.1 The Clifton to Tangoio Coastal Hazards Strategy Joint Committee,
made up of the following members, confirms this Terms of Reference for
adoption to the three Partner Councils
Maungaharuru-Tangitū Trust (MTT) represented by Ms Tania Hopmans
Hastings District Council represented by councillors Alwyn Corban, Ann Redstone and
Malcolm Dixon, and councillor Tania Kerr as alternate
Mana Ahuriri Trust represented by Evelyn Ratima
Napier City Council represented by councillors Nigel Simpson, Hayley Browne and
Keith Price and councillor Annette Brosnan as alternate
Heretaunga Tamatea Settlement Trust represented by Gilvrey Mohi
Hawke’s Bay Regional Council represented by councillors Jerf van Beek, Xan Harding and
Charles Lambert, and Sophie Siers as alternate
Appendix
1 – Project Background
1.
Project Goal
1.1 A Clifton to Tangoio Coastal Hazards Strategy is being developed
in cooperation with the Hastings District Council (HDC), the Hawke’s
Bay Regional Council (HBRC), the Napier City Council (NCC), and Maungaharuru-Tangitū
Trust (MTT), Mana Ahuriri Trust and Heretaunga Tamatea Settlement Trust
representing Mana Whenua. This strategy is being developed to provide a
framework for assessing coastal hazards risks and options for the management
of those risks for the 105 years from 2015 to 2120.
1.2 The long term vision for the strategy is that coastal
communities, businesses and critical infrastructure from Tangoio to Clifton
are resilient to the effects of coastal hazards.
2.
Project Assumptions
The Coastal Hazards Strategy will be based
on and influenced by:
2.1
The long term needs of the Hawke’s Bay community
2.2
Existing policies and plans for the management of the coast
embedded in regional and district council plans and strategies
2.3
Predictions for the impact of climate change
2.4
The National Coastal Policy Statement.
3.
Project Scope
The Coastal Hazards Strategy is primarily a
framework for determining options for the long term management of the coast
between Clifton and Tangoio. This includes:
3.1
Taking into account sea level rise and the increased storminess
predicted to occur as a result of climate change, an assessment of the risks
posed by natural hazards at the coast.
3.2
The development of a framework to guide decision making
processes that will result in a range of planned responses to these risks.
3.3
The development of a funding model to guide the share of costs,
and mechanisms to cover those costs, of the identified responses.
3.4
The development of an implementation plan to direct the
implementation of the identified responses.
3.5
Stakeholder involvement and participation.
3.6
Protocols for expert advice and peer review.
3.7
An action plan of ongoing activity assigned to various Members.
4.
The Strategy will:
4.1
Describe a broad vision for the coast in 2120.
4.2
Initially focus on the priority coastal hazards of coastal
erosion and coastal inundation, and through future reviews consider new
information including additional coastal hazards and multi-hazard
assessments.
4.3
Describe the possible effects of coastal hazards and sea level
rise, and propose responses to those risks under a Dynamic Adaptive Policy
Pathways (DAPP) framework.
4.4
Set out proposed funding principles based on the requirements of
the Local Government Act 2002 and a proposed funding model for Strategy
implementation that gives effect to those principles.
4.5
Propose policies to guide any intervention to mitigate the
impact of coastal processes and hazards through the following regulatory and
non-regulatory instruments:
4.1.1
Regional Policy Statement
4.1.2
District Plans
4.1.3
Council long-term plans
4.1.4
Infrastructure Development Planning (including both policy and
social infrastructure networks).
4.6
Describe how the Strategy will be implemented and a monitoring
and review process.
Appendix
2 - Administering Authority and Servicing
1
The administering authority for the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee is Hawke’s Bay Regional Council.
2
The administrative and related services referred to in clause
16.1 of the conduct of the Joint Committee under clause 30 Schedule 7 of the
Local Government Act 2002 apply.
3
Until otherwise agreed, Hawke’s Bay Regional Council will
cover the full administrative costs of servicing the Clifton to Tangoio
Coastal Hazards Strategy Joint Committee.
4
A technical advisory group (TAG) will service the Clifton to
Tangoio Coastal Hazards Strategy Joint Committee.
5
The TAG will provide for the management of the project mainly
through a Project Manager. TAG will be chaired by the Project Manager,
and will comprise senior staff representatives from each of the participating
councils and other parties as TAG deems appropriate from time to time. TAG
will rely significantly on input from coastal consultants and experts.
6
The Project Manager and appropriate members of the TAG shall
work with stakeholders. Stakeholders may also present to or discuss
issues directly with the Joint Committee.
7
Functions of the TAG include:
7.1
Providing technical oversight for the Strategy.
7.2
Coordinating agency inputs particularly in the context of the
forward work programmes of the respective councils.
7.3
Ensuring Council inputs are integrated.
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