Agenda of Regional Council Meeting - Wednesday, 31 January 2024

Hawke’s Bay Regional Council

31 January 2024

Subject: Memorandum of Understanding between Tamatea Pōkai Whenua and Hawke's Bay Regional Council

Reason for Report

1. This report seeks a decision to enter into a Memorandum of Understanding (MOU) between Tamatea Pōkai Whenua and Hawke’s Bay Regional Council (HBRC) and to agree the Chairperson (Hinewai Ormsby) and Chief Executive (Dr Nic Peet) as signatories to the attached MOU.

Officers’ recommendation

2. Staff recommend that the Council considers the information provided and agrees to enter into the MOU, and that the Chairperson and Chief Executive be the signatories of the MOU.

Executive Summary

3. Tamatea Pōkai Whenua is seeking to formally recognise their ongoing relationship with HBRC and the work that they undertake as part of this relationship. This recognition is sought by way of an MOU between Tamatea Pōkai Whenua and HBRC.

Background

4. Following discussions between HBRC and Tamatea Pōkai Whenua staff, a proposal was put forward to sign an MOU between the two organisatons in order to formally recognise the relationship at a governance level, while also identifying the HBRC workstreams that Tamatea Pōkai Whenua is involved in.

5. The attached MOU and work plan identify the work that is already under way between the two parties and provides an outline of how we will work together to solidify the exsisting relationship.

6. The work plan identifies six pou as the key workstreams, being:

6.1. Policy & Planning

6.2. Regional Planning Committee

6.3. Climate Action Committee

6.4. Gravel Extraction/Protection

6.5. Whatūma Management Group and

6.6. the Coastal Hazards Committee.

7. It is expected that the work involved with each individual pou will be led at an operational level through the teams directly responsible for each workstream.

8. Once signed the MOU will also help to support the establishment of a Taiao Unit within Tamatea Pōkai Whenua. This support is intended to be offered by way of a financial seed-funding contribution for the Unit, which will become self-sustaining over time.

9. Additionally, once the MOU is signed, work can progress on the establishment of a contract between parties to help resource the delivery of the requirement for visions, values and a Te Mana o Te Wai statement as required by the National Policy Statement for Freshwater Management 2020.

10. Both parties have reviewed the MOU and Work Plan attached and are satisfied with them.

Strategic Fit

11. This MOU formally recognises the work being undertaken and its importance as outlined in the six pou which all holistically support the strategic goals within the Council’s Strategic Plan 2020-2025.

Significance and Engagement Policy assessment

12. This proposal is not considered significant under the Council’s Significance and Engagement Policy as it recognises pre-existing relationships and workstreams with Tamatea Pōkai Whenua and does not impact any other parties or work programmes.

Financial and Resource Implications

13. There are no direct financial or resource implications resulting from this proposal.

Decision-making process

14. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

14.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.

14.2. The use of the special consultative procedure is not prescribed by legislation.

14.3. The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

14.4. The persons affected by this decision are the staff of Tamatea Pōkai Whenua and Hawke’s Bay Regional Council directly involved in the six pou contained in the proposed work programme.

14.5. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting with the community,

Recommendations

That Hawke’s Bay Regional Council:

1. Receives and considers the Memorandum of Understanding between Tamatea Pōkai Whenua and Hawke's Bay Regional Council 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 consulting with the community.

3. Agrees to enter into the Memorandum of Understanding between Tamatea Pōkai Whenua and Hawke's Bay Regional Council and agrees the Chairperson (Hinewai Ormsby) and Chief Executive (Dr Nic Peet) be the Council’s signatories to the MOU.

Authored by:

Nichola Nicholson

Team Leader Policy & Planning

Approved by:

Katrina Brunton

Group Manager Policy & Regulation

Attachment/s

1 ⇩	draft Memorandum of Understanding
2 ⇩	Ngā Ara Pou Work Plan

Hawke’s Bay Regional Council

31 January 2024

Subject: Affixing of Common Seal

Reason for Report

1. The Common Seal of the Council has been affixed to the following documents and signed by the Chair or Deputy Chair and Chief Executive or a Group Manager.

Seal No.

Date

1.1

Staff Warrants

1.1.1 S. Courtnell

(Delegations under the Biosecurity Act 1993 (Sections 103 and 105); Civil Defence Emergency Management Act 2002 (s.86-92) and Local Government Act 2002 (s.177))

4581

7 December 2023

1.3

Vesting of Reclaimed Land – Napier Port Limited

Section 245 Certificates for two lots:

• Northern Breakwater (No Lot); and

• Northern Breakwater (Lot 1 DP 391336)

under Section 245 Resource Management Act 1991

(A Section 245 Certificate is confirmation from the consent authority that issued the consent that the reclamation has been completed in accordance with the Resource Consent’s conditions)

4582

7 December 2023

2. The Common Seal is used twice during a Leasehold Land Sale, once on the Sale and Purchase Agreement and once on the Land Transfer document. More often than not, there is a delay between the second issue (Land Transfer document) of the Common Seal per property. This delay could result in the second issue of the Seal not appearing until the following month.

3. As a result of sales, the current numbers of Leasehold properties owned by Council are:

3.1 1 cross lease property was freeholded, with 61 remaining on Council’s books

3.2 No single leasehold properties were freeholded, with 78 remaining on Council’s books. This total increased as the remaining leaseholder on the cross lease that sold became a single leasehold.

3.3 The Agreement for Sale and Purchase transactions have been for properties that have subdivided, moving from cross lease to a single lease.

Decision-making process

4. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:

4.1 Sections 97 and 88 of the Act do not apply.

4.2 Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided.

4.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision-making process.

Recommendations

That Hawke’s Bay Regional Council:

1. 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.

2. Confirms the action to affix the Common Seal.

Authored by:

Diane Wisely

Executive Assistant

Vanessa Fauth

Finance Manager

Approved by:

Nic Peet

Chief Executive

Attachment/s

There are no attachments for this report.

Hawke’s Bay Regional Council

31 January 2024

Subject: Report from the HB CDEM Group Joint Committee

Reason for report

1. This item provides an update from the HB CDEM Group Joint Committee meeting held on 27 November 2023.

Agenda items

2. The Emergency Management Bill Group submission item enabled the Joint Committee to endorse a submission (attached) on the proposed Emergency Management Bill.

3. The NEMA update item gave National Emergency Management Agency the opportunity to present a report on issues affecting the sector with highlights including:

3.1. Progress of the Emergency Management Bill is uncertain following the recent change of Government

3.2. 13 of 16 CDEM Groups across the country are still in recovery from various weather events.

4. The Regional Recovery Agency - Cyclone Gabrielle recovery update provided the Joint Committee with an overview of the Agency’s activities; highlighted matters included:

4.1. Progress is being made with land categorisation and the associated buyouts

4.2. Rebuilding the flood protection network is progressing well

4.3. The incoming Government must be kept informed about the recovery situation in HB

4.4. The recovery agency is focussing on opportunities that may arise for the region as HB moves from recovery to a rebuilding phase

4.5. Removal of silt and other debris continues to be a priority with further funding being sought from the Government.

5. The CDEM Group Manager's monitoring and performance report provided the Joint Committee with information on the progress being made with the Group’s Work Programme. Highlighted matters included:

5.1. Group staffing levels are at full strength for the first time since the 2020 COVID-19 lockdown period

5.2. Local Councils supported by CDEM Group are actively working with communities to establish emergency plans and start community led hubs where required.

6. The Update on the Independent Review into HB Civil Defence Emergency Management Group’s response to Cyclone Gabrielle item enabled Bush International Consulting to advise on the review’s progress which highlighted:

6.1. More than 900 submissions received to date

6.2. Submission deadline extended to 31 December 2023

6.3. Review completion date is now likely March 2024.

Decision-making process

7. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision-making provisions do not apply.

Recommendation

That Hawke’s Bay Regional Council receives and notes the Report from the HB CDEM Group Joint Committee.

Authored by:

Peter Martin

Senior Governance Advisor

Approved by:

Ian Macdonald

HB CDEM Group Controller / Manager

Attachment/s

1 ⇩

HBCDEM Group submission to Emergency Management Bill

Hawke’s Bay Regional Council

31 January 2024

Subject: Report from the Climate Action Joint Committee

Reason for Report

1. The following matters were considered by the Climate Action Joint Committee (the Joint Committee) on 11 December 2023 and are now presented for the Council’s information alongside any additional commentary the Climate Action Joint Committee members wish to offer.

Agenda items

2. The Climate Action Vision item sought the endorsement of the Joint Committee for the Vision and Strategy for the Climate Action Joint Committee which had been developed through workshops with Joint Committee members and members of the Climate Action Technical Advisory Group held during October and November 2023.

2.1. The Vision & Strategy includes for 8 domains prioritised by committee members, a vision statement for 2050 and a strategy statement for how this will be achieved.

2.2. The 8 domains are biodiversity, transport, primary industry, waste, urban and housing and waimāori.

2.3. The Joint Committee made several amendments to the document and endorsed it as a living document.

3. The Climate Action Joint Committee funding item presented a shared funding model for the Joint Committee, and it’s work programme which included undertaking a climate change risk assessment and measuring and reducing our regional contribution to climate change.

4. The committee supported the chair and deputy to write to partner councils to request that this funding be included in their respective long term plans with the funding requirement to be advised by Dr Nic Peet following discussion with the Chief Executives from all partner councils.

5. Representatives of Karamū High School, Taikura Rudolf Steiner School and Napier Girls High School from the region’s Youth Environment Committee delivered their Youth Action Climate Forum Presentation to the Joint Committee which included outcomes desired by rangatahi in the areas of waste reduction, public transport provision and waterways, and also highlighted a desire for a rangatahi voice on the Joint Committee.

Decision-making process

6. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision-making provisions do not apply.

Recommendations

That Hawke’s Bay Regional Council receives and notes the Report from Climate Action Joint Committee.

Authored by:

Pippa McKelvie-Sebileau

Climate Action Ambassador

Allison Doak

Governance Advisor

Approved by:

Desiree Cull

Strategy and Governance Manager

Attachment/s

There are no attachments for this report.

Hawke’s Bay Regional Council

31 January 2024

Subject: Telemetry Review update

Reason for Report

1. This item provides an update on the HBRC Telemetry system upgrades and review findings as requested by Council.

Executive Summary

2. This report provides Council with a further update on the telemetry review that was conducted last year, and:

2.1. Clarifies that the power back up system for the Kahurānaki repeater site failed shortly after power was lost to the site and that the battery system designed to manage the transition to back up power was quickly overwhelmed by site demands.

2.2. Explains the new operating model for communications across the telemetry network and how that is being rolled out.

2.3. Clarifies the nature of historical contractual relationships with providers and sets out work to update and strengthen those relationships.

Background

Kahurānaki site power and back-ups

3. Staff presented a review of the telemetry network in August last year. Since this review additional information has been provided by Vital (the radio channel service provider) and staff have clarified the role of the batteries in the Kahurānaki site backup systems.

4. The Kahurānaki repeater failed shortly after mains power to the site was lost. The site relies on a generator for power in event of a power cut. A shaft broke that connects the generator to the motor shortly after the generator started which forced the site to rely on batteries. The battery information reported to you previously was incorrect.

5. Batteries are installed to cover the time it takes for the generator to take over the power requirements if mains power to the site is lost. They act as a type of un-interruptible power supply (UPS) in much the way we have on many computer systems in our building.

6. The Kahurānaki site is shared by FENZ, Unison, St Johns and HBRC along with others. The batteries are designed to supply the entire site demands for only a short period until the generator is operating. This is consistent with the way our own building here at Dalton Street operates.

7. The batteries did supply power to the entire site for a short while after the generator failed but the load was too much for the batteries to sustain as the battery system was essentially only designed to cover a short period of time during a loss of power.

8. The batteries at the site were modern and fully serviceable at the time of the power failure on 13 February 2023.

Historical contract management

9. Staff have been reviewing the history of the provision of services for the Kahurānaki site.

10. Set out below is a timeline of how we came to have a contract with Vital:

10.1. 2003 the repeater Channel ESB1 was installed by Team Talk and HBRC assumed ownership.

10.2. 2006 saw the creation of a service contract with TeamTalk which gave HBRC and CDEM exclusive channel access and a Network Service agreement (NSA) for power and accommodation for a period of 36 months

10.3. July 2011 ownership changed from HBRC to TeamTalk and a new 36-month contract was signed which included repairs a basic service level agreement

10.4. March 2013 and February 2016, the contract was re-signed

10.5. 2019 TeamTalk rebrands as Vital

10.6. The contract has not been re-negotiated since 2019. The contract also appears to relate only to the provision of an exclusive radio frequency and is not specific about levels of service or maintenance.

11. Regular payments continued to Vital for service fees and ESB (Emergency Services Band) channels to keep the network operational.

11.1. In discussing the situation with other agencies who use the Kahurānaki site it appears they are in a similar position as HBRC with a service contract that is not comprehensive enough to meet current requirements.

11.2. We are currently working with our Procurement team to negotiate a contract that satisfies our needs while work continues on finishing the Digital Mobile Radio (DMR) network.

11.3. At the Kahurānaki site we now own the radios and batteries and the contract will include Vital providing mains power, aerials and housing HBRC equipment.

Next Steps

Diagram of the DMR (Digital Mobile Radio) planned upgrade for Hawke’s Bay

The future operating model – DMR

12. The upgrade will complete the network linking via radio

12.1. This will allow full microwave linking from the Wheatstone Rd Node in Gisborne to the HBRC building node with Fibre IP as backup

12.2. Each node or controlling computer allows the region to operate autonomously if regional communications were lost

12.3. The master node in Gisborne constantly communicates with other nodes, with a full map of the system replicated in each Node

12.4. If communication with the master node fails, the other node will become the master and resumes full operation.

12.5. As all sites connect with the node continuously, all data is routed to the nearest radio site

12.6. Should a site fail then all radios within coverage will move on to an alternative site

12.7. Most sites have overlapping coverage, some from multiple sites and the radio will change to select the best site with coverage.

13. With the completion of the microwave network the nodes will have microwave as primary and fibre as back-up communications.

14. The repeater sites have 230v mains power, most have a back-up generator, and all have at least 24 hours of battery autonomy.

Our current analogue system

15. Our current radio system is an analogue system, which sends data through to either Mt Misery or Kahurānaki repeaters. HBRC plans to keep this system and run it alongside our primary DMR system. Should the DMR system fail, Analogue will be remotely switched on at key sites that have both systems running.

16. HBRC has bought and installed new radios and batteries at Kahurānaki and Mt Misery Repeater sites. These sites both have mains power and battery back-up for 48 hours and only supply power to HBRC equipment. Kahurānaki is remotely monitored 24/7 and a monthly report is produced for HBRC along with an annual audit.

Cell/Satellite sites

17. Some sites which are essential for our flood warning network will also have cellphone or satellite telemetry as an alternative back up to the two radio systems. A minor drawback with these two systems is the inability to retrieve data on demand and at intervals much more than hourly. Radios can poll the data at very small intervals or on demand.

Location Map for DMR, Node and Repeater sites

18. The table below shows the area that the repeater services and the owner and servicer provider of each site. Staff are in the process of formalizing the provision of services with contracts between Council and the service providers which is labelled below as draft in process.

Site Name	Area	Owner	Service Provider	DMR/ Analogue	Contract
Kinikini	Mahia Peninsula	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Whakapunake	Inland Wairoa	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Shannon Station	Ruakituri and Lake Waikaremoana	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Pukakaramea	Kotemaori-Raupunga	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Taraponui	Napier North	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Napier City	Hastings - Napier	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Kereru	Western Inland	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Mt Thrieve	Hastings South	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Omakare	South Eastern Coast	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Tourere	Southern Hawkes Bay	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Wairango	Taupo Region	DL Technical Associates	Communicate & Colvins	DMR	Draft in progress
Napier node	HBRC	DL Technical Associates	Communicate & Colvins	Node	Draft in progress
Gisborne node	Wheatstone Road	DL Technical Associates	Communicate & Colvins	Node	Draft in progress
Kahuranaki repeater	Kahuranaki	Vital	Vital/Downers	Analogue	Draft in progress
Mt Misery repeater	Inland Wairoa	HBRC	Communicate & Colvins	Analogue	Draft in progress

19. Twenty sites already have some type of dual communication.

20. All telemetry sites have been repaired and are fully functioning.

21. As funding is secured, HBRC will continue to upgrade keys sites to make the system as resilient as possible.

22. A portable repeater has been purchased and successfully tested at sites in Taradale and Havelock North. This will allow HBRC to run our current system through a repeater other than Kahurānaki. A similar test is scheduled for up north at our Mt Misery site.

Future contract management

23. Currently two contracts are with our procurement team, one for telemetry service with Vital at Kahurānaki and the other with DL Technical associates who own and operate the DMR network.

24. Once we are happy that the contracts contain the correct levels of service and maintenance, they will undergo a legal check before signing.

Timeline of proposed Telemetry decisions and installations

Decision-making process

25. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision-making provisions do not apply.

Recommendation

That Hawke’s Bay Regional Council receives and notes the Telemetry update staff report.

Authored by:

Peter Davis

Manager Environmental Information

Approved by:

Iain Maxwell

Group Manager Integrated Catchment Management

Attachment/s

There are no attachments for this report.

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