Minutes of Hawke's Bay Regional Council meeting

1. Welcome/Karakia/Apologies/Notices

The Chair welcomed everyone and led a karakia to open the meeting.

2. Conflict of Interest Declarations

There were no apologies or conflicts of interest declared.

3. Confirmation of Minutes of the Hawke's Bay Regional Council meeting held on 27 November 2024

Resolution

Minutes of the Hawke's Bay Regional Council meeting held on Wednesday, 27 November 2024, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Harding/Siers

CARRIED

4.	Public Forum
	There were no speakers.

Call for minor items not on the Agenda

Recommendations

That Hawke’s Bay Regional Council accepts the following minor items not on the agenda for discussion as item 10.

Topic	Raised by
Heretaunga water security	Xan Harding
Recent weather event in Wairoa and HBRC response	Mike Paku
Hana Koko (Santa Clause)	Mike Paku

Implementation of recommendations from the flood reviews

Chris Dolley, Louise McPhail and Julie-Anne McLean introduced the item, providing an overview of the breadth of the work programme in response to Cyclone Gabrielle and the findings of subsequent reviews. Discussions and provided discussions included:

· In response to the Hawke’s Bay Independent Flood Review findings staff were directed by Council to focus on actions that reduce the risks to and increase the resilience of the community.

· Five key areas for focus are the Extreme Weather Hub, flood forecasting systems, trigger levels (interim and pilot), Hazard Portal upgrade and by-laws to protect flood control infrastructure.

· In response to a query Louise McPhail clarified that the trigger levels work has to be done alongside the technical assessment of flood hazard maps and will be undertaken in collaboration with FENZ, Police, CDEM and city/district councils. Appropriate, agreed trigger levels will be determined for pilot locations before then applying the methodology to all other agreed locations. This project also aims to clarify roles and responsibilities in the case of an event, and how trigger levels are communicated and acted on. For example evacuation plans sit with HB CDEM, FENZ and Police, developed with the communities, which will be based on trigger levels.

· The external audit auditor (assurance) is intended to review all of the work undertaken to determine whether the work undertaken has fully met the intent of the review recommendations.

· The hazard portal, currently a stand-alone website, doesn’t currently have a clear ownership/ funding model and this is being developed through a Business Case process with CDEM (including oversight of the CDEM Coordinating Executive Group which includes all TA CEs).

· It was clarified that the funding for flood protection consent planning and hazards information for LIM reports is absorbed within business as usual budgets.

· Gravel extraction is a significant maintenance issue in Upper Tukituki and commercially challenging. Council doesn’t currently rate the scheme participants to pay for this maintenance and relies on industry to work with Council at no cost.

· Maintenance issues will be part of the community engagement during the scheme reviews, as well as design elements.

· Need to fundamentally solve the issue of what happens in an overdesign event, working with our communities, using a wide range of solutions to reimagine and redesign the schemes and how river flows are managed.

· Permanent river mouth openings are being investigated by technical specialists for Esk, Tutaekuri, Ngaruroro and others however the detail and scope are yet to be defined for these significant pieces of unfunded work.

RC89/24

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Implementation of recommendations from the flood reviews staff report.

2. Agrees that the decisions 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 item without conferring directly with the community.

3. Directs the Chief Executive (CE) to proceed with the recommended priority projects, being:

3.1. Extreme Weather Hub

3.2. Flood Forecasting System

3.3. Trigger Levels (Interim and Pilot)

3.4. Business Case for Hazard Portal upgrade

3.5. Engagement on Reimagining Flood Resilience

3.6. Introduction of by-laws to protect flood infrastructure

3.7. Audit of the Hawke’s Bay Independent Flood Review Implementation Programme (completed and underway projects).

4. Agrees that a business case to determine work required to improve the functionality and futureproof the Hazard Portal is to be undertaken.

5. Agrees that the decision on proceeding with Engagement on Reimagining Flood Resilience will be made separately.

6. Agrees to review the following two projects linked to the Trigger Levels project at the 2026-2027 annual plan review:

6.1. Flood Plain Management Plans

6.2. Gap analysis of unprotected flood risk areas.

7. Agrees that the following two projects will be paused until they can be reviewed again for the 2026-2027 Annual Plan:

7.1. Public Use of Rivers Plan

7.2. Investigation into permanent river mouth openings.

8. Agrees that staff will continue with the following two operational activities, noting there are currently no identified additional funding requirements for these:

8.1. Provide risk and hazard information for Land Information (LIM) reports

8.2. Resource Consent Planning relating to Flood Management.

9. Directs the Chief Executive to appoint an external auditor to undertake an annual audit of the Hawke’s Bay Independent Flood Review Implementation Programme of work to provide assurance that recommendations are being met.

10. Agrees to quarterly reporting on the Hawke’s Bay Independent Flood Review Implementation Programme priority projects only, starting in April 2025.

Williams/Harding

CARRIED

Reimagining Flood Resilience

Chris Dolley introduced Louise McPhail and Simon Bendall, and the item, which aims to get the engagement under way to enable decisions on Upper Tukituki and Heretaunga schemes to be made during the 2027-2037 Long Term Plan process.

· The team has met with multiple stakeholders, tangata whenua partners and held workshops with HBRC, CHBDC, HDC and NCC, and had a broad range of discussions which fed into this report.

· Four phases of the project are: P1 project design (September - December 2024); P2 engagement and option assessment (February 2025 - November 2026); P3 public LTP consultation and decision-making (March - June 2027) and P4 implementation from July 2027.

· The 2025 action plan includes formalising and resourcing the internal Project Control Group (Jan-Feb), setting up the project structure with partners (Feb-March) and developing the project plan (March-June) to enable engagement to being in July.

· This project directly responds to the HBIFR recommendations 3, 42, 43 and 44.

· Option testing will be carried out with the community through the engagement phase.

· Concern about the length of the engagement time was raised, including additional costs, however it was noted that 83-84% of the region’s population will have an interest in this and the intergenerational, questions being asked about the long term future of the schemes are significant.

· The project group structure – that will be responsible for delivering the project and decision-making advice to the Council – will be discussed with partners and may change, and current thinking is that the governance will be provided by HBRC with the councillor champion(s) being involved in the project group.

· It’s proposed to start the conversation with the community with the vision question “What do we want flood resilience schemes to deliver for our communities now and into the future?”

· Tangata whenua organisations have indicated operational capacity to engage in the process however they are stretched at the governance level.

· The view was expressed that the community wants to see action, and for the Council to just get on with it.

· Reality is that this Council isn’t building anything other than the NIWE project in the next 3 years. Specific guidance was given by this Council to focus on Heretaunga and Upper Tukituki because there is not capacity to do everything immediately.

· It was suggested it would be valuable to be able to monitor the efficacy of the Mātauranga Māori Framework through this process, and noted that it will be used in reporting to Council.

· The specific guidance given to the staff by councillors in workshops was that the project was to focus on Heretaunga and Upper Tukituki, not the whole region.

· The view was expressed that councillors should be directing staff on their vision and how the engagement will be undertaken – taking the lead.

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Reimagining flood Resilience for the Upper Tukituki and Heretaunga Plains flood schemes Report.

3. Agrees to include $700,000 in the draft Annual Plan 2025-2026 for consultation in April, for phase two of the implementation of the Reimagining flood Resilience for the Upper Tukituki and Heretaunga Plains flood schemes project.

4. Directs the Chief Executive to work with councillors to establish an effective project structure in collaboration with staff and project partners, similar to the recommended project governance structure in Figure 1: Project Structure Option 1.

A diagram of a group of workers

Description automatically generated

Figure 1: Project Structure Option 1

5. Agrees that following the establishment of the project structure, HBRC staff should work with councillors and partners to revisit a co-design approach and confirm project foundations and engagement approaches.

Harding/Foley

CARRIED

HB CDEM Group Funding request

Nic Peet introduced the item and Matt Boggs, Director of Transformation. Discussions included:

· The Civil Defence group is going through a transformation which involves extra training and exercising through the next 3 years, and associated cost increases.

· The Coordinating Executive Group (CEG) is signalling the potential financial implications of the transformation to HBRC as the administering authority for CDEM.

· The aim is to upskill sufficient staff by 2027 so HB has an emergency system designed to keep communities safe in any emergency situation, and this has the potential overrun this financial year’s budgets by up to $260,000.

· This is a precautionary and forward thinking approach with every intention of trying to manage the additional costs within the current budget.

· The overrun would be taken out of the Reserve if needed.

RC91/24

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the HB CDEM Group Funding request.

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. Approves the ability for the HB CDEM Group to overrun its FY 24/25 operational budget by up to $260,000 in support of HB CDEM Transformation Strategy objectives for FY 24/25.

4. Notes that the HB CDEM Transformation Strategy describes activities in FY 25/26 requiring an additional budget of approximately $550,000 - $650,000 which Hawke’s Bay Regional Council, the HB CDEM Coordinating Executive Group and the HB CDEM Group Joint Committee will work to refine.

5. Notes that the HB CDEM Transformation Strategy describes activities in FY 26/27 requiring an additional budget of approximately $150,000 - $250,000 which Hawke’s Bay Regional Council, the HB CDEM Coordinating Executive Group and the HB CDEM Group Joint Committee will work to refine.

Siers/Harding

CARRIED

Revenue and Financing Policy adjustments – preferred rating models for consultation

Vanessa Fauth and Desiree Cull introduced the item, which asks Council to adopt its preferred rating models and remission adjustments for consultation. Discussions covered:

· Concern was raised about why a differential for lifestyle blocks was not being proposed, in relation to Capital Value.

Tania Hopmans left the meeting at 3.42pm

RC92/24

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the Revenue and Financing Policy adjustments – preferred rating models for consultation staff report.

2. Adopts the following preferred rating models for public consultation to be undertaken concurrently with the 2025-26 Annual Plan:

2.1. Upper Tukituki Flood Control Scheme (UTTFCS)

2.1.1. 10% indirect charge on Capital Value to all CHB ratepayers and those Hastings ratepayers within the direct UTTFCS rating footprint.

2.1.2. 90% direct charge on Capital Value to all ratepayers in the existing footprint.

2.1.3. Maintain existing banding with recommended proportion changes.

2.2. Passenger Transport

2.2.1. 10% indirect on Capital Value to all ratepayers with access to Total Mobility. This encompasses all of Central Hawke’s Bay, Hastings and Napier ratepayers.

2.2.2. 90% direct charge on adjusted footprint.

2.2.2.1. 17.5% of the 90% rated to commercial/industrial on Capital Value.

2.2.2.2. 72.5% of the 90% rated to the remaining footprint as a SUIP (separately used or inhabited part of a rating unit) charge.

3. Agrees to not pursue a change to the Revenue and Financing Policy on the following topics raised during deliberations on the Three-Year Plan 2024-2027:

3.1. A cap on the Utilities Rolls

3.2. A differential on the general rate for lifestyle/residential properties

3.3. Upper Makara scheme review.

4. Adopts the following changes to Rates Remissions and Postponement Policies:

4.1. Remove the Significant Impact Remission resulting from changes to the Rating Policy.

4.2. Remove the Postponement of Sustainable Homes Voluntary Targeted Rate.

4.3. Adjust wording on the Hardship Remission resulting from changes to the Rating Policy.

Foley/van Beek

CARRIED

10.

Discussion of minor items not on the Agenda

Topic	Raised by
Heretaunga Water Security – Councillor Harding stated a conflict of interest due to his being an irrigator and then read out an update that covered: · Water extraction from the Heretaunga aquifer has exceeded reasonable usage and in 2016 HBRC publicly announced ‘there was no new water available’ · The TANK Plan Change attempted to balance with high flow takes to facilitate water storage and introduced ‘actual and reasonable’ water allocations to consent holders. · TANK Plan Change mediation has been unsuccessful and the plan change will inevitably go on to an Environment Court hearing. · Consents expire this month, and Council has offered pathway for replacement consents however consent holders dispute new allocations offered due to a range of concerns. · Meanwhile water storage is being progressed and the Heretaunga Plains irrigation sector is developing a water strategy for early 2025 delivery. · Wants implementation of ‘actual and reasonable’ paused. Katrina Brunton advised that mediation is confidential to the parties to the appeals and until an agreement is signed and lodged with the Environment Court, remains confidential to the parties that were in the room. It was stated that the views expressed by Councillor Harding are his own and not statements of fact.	Xan Harding
Recent weather event in Wairoa and HBRC response. HBRC systems performed well, and the bar opening is functioning well, however there was minor flooding as the result of the WDC stormwater system not being able to drain water away from some areas quickly.	Mike Paku
Hana Koko (Santa Clause) Thanks to the Māori Partnerships team, Nic and the HBRC team for the engagement and quality support to the committee, wishing a Merry Christmas on behalf of the Māori committee.	Mike Paku

11.

Flood Resilience Financial Considerations

Resolutions

That Hawkes’s Bay Regional Council excludes the public from this section of the meeting, being Agenda Item 11 Flood Resilience Financial Considerations with the general subject of the item to be considered while the public is excluded. The reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are:

RC93/24

General subject of the item to be considered	Grounds under section 48(1) for the passing of the resolution	Rationale for excluding the public
Flood Resilience Financial Considerations	s7(2)(i) Excluding the public is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	The information relates to ongoing negotiations that could be prejudiced if it was made public.

Foley/van Beek

CARRIED

The meeting moved into public excluded session at 4.01pm and out of public excluded session at 4.24pm

Councillor Xan Harding led a closing karakia.

Closure:

There being no further business the Chair declared the meeting closed at 4.25pm on Wednesday, 18 December 2024.

Signed as a true and correct record.

Date: by HBRC resolution on 29 January 2025 Chair: Hinewai Ormsby