Agenda of HB Civil Defence Emergency Management Group

HB Civil Defence Emergency Management Group

Friday 13 December 2013

SUBJECT: Election of Chairman

Reason for Report

1. The election of the Chairman is included in the list of matters to be considered at the first meeting of the Joint Committee following the triennial election of members. This item is to deal with this matter.

2. The Hawke’s Bay Civil Defence Emergency management Joint Committee is a Joint Standing Committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 (the Act).

3. The Act provides direction for the election of a Committee Chairman. This must be done in accordance with the voting requirements contained in clauses 24 and 25, Part 1 of Schedule 7. The relevant matters from these sections state:

Clause 24(3)

“An act or question coming before the local authority must be done or decided by open voting.”

Clause 25

“Voting systems for certain appointments—

(1) This clause applies to—

(a) ….

(b) ….

(c) the election or appointment of the chairperson and deputy chairperson of a committee; and

(2) If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:—

(a) the voting system in subclause (3) (`system A'):

(b) the voting system in subclause (4) (`system B').

(3) System A —

(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:—

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4) System B —

(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) has the following characteristics:

(i) there is only 1 round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.”

4. Due to the nature and size of the Joint Committee it is recommended that the Committee adopted System A.

5. If System A is adopted the actual vote will be conducted as follows:

5.1. Nominations for the position of Committee Chairman will be called for which must be supported by a seconder (being a different person) both of whom cannot be the person being nominated. A Member can nominate more than one person.

5.2. Nominations will then be closed.

5.3. The first round of voting will then be undertaken by show of hands and with only one vote per Member (i.e. 5 in total).

5.4. If there are three or more nominees and a majority of Members (i.e. 3) does not support one nominee then the candidate with the fewest votes will be excluded from the next round.

5.5. A second and further round(s) of voting will be conducted if necessary in the same way as described above.

6. If System B is adopted the actual vote will be conducted as follows:

6.1. Nominations for the position of Chairperson will be called for which must be supported by a seconder (being a different person) both of whom cannot be the person being nominated. A Member can nominate more than one person.

6.2. Nominations will then be closed.

6.3. The only round of voting will then be undertaken by show of hands and with only one vote per Member (i.e. 5 in total).

6.4. If 2 or more candidates tie for the most votes, the tie is resolved by lot and the remaining candidate will be declared to be the Chairman.

Decision Making Process

7. The Committee is required to make every decision in accordance with provisions of Part 6, sub-part 1 of the Act. Staff have assessed requirements contained in the sections of the Act in relation to this item and have concluded that the decision making provisions of the Act do not apply as the election of a committee chairman is specifically provided for under clauses 25 and 26 of Part 1 to Schedule 7 of the Act.

Recommendations

That the Joint Committee:

1. Resolves to adopt voting system A for the election of the Chairman of the Hawke’s Bay Civil Defence Emergency Management Joint Committee as detailed in clause 25(3) Part 1 to Schedule 7 of the Local Government Act 2002.

2. Resolves that in the case of a determination by lot the method used shall be for the Group Manager Hawke’s Bay Civil Defence Emergency Management Group (Ian Macdonald) to draw the name of the person to be excluded from the next round of voting from a suitable container with the Chairman of the Coordinating Executive Group (Ross McLeod) acting as scrutineer during this process.

Ian Macdonald

Group Manager/Controller Hawke's Bay Civil Defence Emergency Management

Attachment/s

There are no attachments for this report.

HB Civil Defence Emergency Management Group

Friday 13 December 2013

SUBJECT: Review of the Joint Committee Terms of Reference

Reason for Report

1. With this meeting being the first of the new triennium, officers have taken the opportunity to review the current Terms of Reference and recommend changes to the Committee for consideration.

2. The current Terms of Reference are dated August 2003 and were adopted at the formation of the Hawke’s Bay Civil Defence Emergency Management Group (the Group) after the Civil Defence Emergency Management Act 2002 (the Act) was introduced and Groups were required to be formed. The current Terms of Reference are attached as Attachment A.

3. As the Group has developed and structures changed the current Terms of Reference needs to be updated. Changes have also occurred to the Act which impact on the current Terms of Reference.

4. Officers have also reviewed a number of more recent Terms of Reference developed by other Groups. Attachment B has been developed as a recommended new Terms of Reference for the Joint Committee to consider.

Discussion

5. The following outlines the significant changes recommended.

Current Terms of Reference (Attachment A).

6. Section 9 has been deleted as this is essentially a repetition of what is contained in the Local Government Act 2002, or a number of the matters mentioned are actually now the domain of this Committee.

Recommended Terms of Reference (Attachment B).

7. Paragraph 5.2 has been inserted to clarify what happens to the Joint Committee during an election period. This reflects a change made to the Act in 2012.

8. Section 7 has been recommended as a new section that ensures that the representative of each member of the Group has delegated authority to make full and final decisions on matters in relation to the Groups’ functions under the Act. This section also clarifies what happens if a Member’s representative is not re-elected.

9. Section 8 has been recommended as it clarifies the key objectives of the Group in how it will achieve its’ functions under the Act. This section has embedded some of the objectives stated in the existing Terms of Reference. The new objectives also reflect the current practice and structure of the Group which has evolved in the last couple of years in particular.

10. Section 9 is proposed as it clearly identifies the obligations of the individual members of the Group in relation to achieving the objectives; and their responsibilities under the Act.

11. Section 10 has been simplified from the current delegations section. The primary reference for delegations is the Group Plan and it is inefficient to include detail in both documents which means both need to be amended if changes are made.

12. Section 11 is proposed to ensure that the Group Plan is a strategic document that identifies key objectives and associated projects, and is collectively implemented by each of the Members.

13. Section 15 has been amended as there are only 5 members in the Group so a casting vote is not required. The quorum remains as all members.

14. Section 16 has been clarified as to when the election of the Chair should occur.

15. Section 18 is new and reflects the structural changes and strengthening of the Group Office made 2 years ago.

16. Section 19 is proposed to ensure the Group work plan and budget are developed and approved appropriately. Paragraph 19.2 reflects the creation for 2012/13 financial year of the targeted rate uniform annual charge to fund the Group Office and where appropriate Group projects. This section helps to ensure that the linkage between the Joint Committee as the governance structure of the Group and the HBRC as the rating authority is clearly defined and acknowledged by the Members.

17. Section 22 is recommended to clarify when the Terms of Reference should be reviewed.

Financial and Resource Implications

18. There are no significant financial or resource issues arising from the decisions recommended in this report.

Decision Making Process

19. The CDEM Group, as a joint committee operating in accordance with Schedule 7 of the Local Government Act 2002 (the Act), is required to make every decision in accordance with the provisions of Part 6 subpart 1 of the Act. Staff have assessed the requirements contained within these sections of the Act in relation to this briefing paper and have concluded the following:

19.1. Section 97 (decisions that can only be made as part of an LTP) of the Act do not apply.

19.2. The CDEM Group has adopted the CDEM Group Plan after a process of consultation in accordance with the CDEM Act 2002 and has a responsibility to ensure that it is implemented. The decisions to be made on this agenda item are associated with the implementation of the Group Plan.

19.3. The decisions will have no significant adverse impact on any member of the public or public interest group.

19.4. The proposed decisions are not inconsistent with any existing Hawke’s Bay CDEM Group policy or plan.

Options

20. The Committee can adopt the Terms of Reference in Attachment B or not. If required the Committee can make changes to the recommended Terms of Reference.

21. The Committee may also identify other matters that it wishes officers to explore or develop. Should this be the case the Committee may decide to let this report lie on the table until its next meeting. If this is the case the existing Terms of Reference would remain in place.

Recommendations

That the Joint Committee:

1. Agrees that the decisions to be made are consistent with the Group Plan and that the Committee can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Resolves to adopt the Terms of Reference as contained in Attachment B to this report.

Ian Macdonald

Group Manager/Controller Hawke's Bay Civil Defence Emergency Management

Attachment/s

1 View	Current Terms of Reference
2 View	Proposed Terms of Reference

Current Terms of Reference

Attachment 1

TERMS OF REFERENCE

HAWKES BAY CIVIL DEFENCE EMERGENCY MANAGEMENT GROUP

1. PARTIES

1.1 Each of the following local authorities is a Member of the Hawke’s Bay Civil Defence Emergency Management Group:

Central Hawke’s Bay District Council

Hastings District Council

Hawke’s Bay Regional Council

Napier City Council

Wairoa District Council

2. JOINT COMMITTEE

2.1 In accordance with the Civil Defence Emergency Management Act 2002, the Civil Defence Emergency Management Group is a Joint Committee of the Members established under the Local Government Act 1974 and maintained after 1 July 2003 under the Local Government Act 2002.

3. DEFINITIONS

For the purpose of these Terms of Reference:

3.1 “Act” means the Civil Defence Emergency Management Act 2002, which repealed and replaced the Civil Defence Act 1983.

3.2 “CDEM Group” means the Hawke’s Bay Civil Defence Emergency Management Group (CDEM Group).

3.3 “Co-ordinating Executive Group” (the CEG) means the Co-ordinating Executive Group to be established under section 20 of the Civil Defence and Emergency Management Act 2002 and clause 8.6 of this Terms of Reference.

3.4 “Group Controller” means a person appointed under section 26 of the Civil Defence and Emergency Management Act 2002 and clause 8.1.1 of this Terms of Reference as a Group Controller.

3.5 “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.

3.6 “Member” means a Local Authority that is a member of the Civil Defence Emergency Management Group that is the subject of this document.

4. PURPOSE OF TERMS OF REFERENCE

4.1 The purposes of this Terms of Reference are to:

(a) Provide for the establishment of the CDEM Group in fulfilment of the Member’s obligations under section 12 of the Act;

(b) Define the responsibilities of the CDEM Group as delegated to the CDEM Group by the Members; and

5. OBJECTIVES OF THE CDEM GROUP

5.1 The functions, powers and duties of the CDEM Group are specified in the Act. To assist the CDEM Group meet the requirements of the Act, the Group adopts the following objectives:

(a) To ensure that hazards (as defined in the Act) and the consequential risks are identified and assessed;

(b) To ensure an effective and efficient region-wide civil defence emergency management capability to respond to and recover from emergencies (as defined in the Act);

(c) To facilitate effective and efficient emergency management through partnership and co-ordination amongst the organisations represented on the Co-ordinating Executive Group and the utility organisations that operate within the region; and

(d) To promote appropriate mitigation of the risks.

6. FORMATION AND MEMBERSHIP OF THE CDEM GROUP

6.1 Pursuant to section 12 of the Act the Parties must unite to establish a CDEM Group as a Joint Committee under section 114S of the Local Government Act 1974.

6.2 The Joint Committee will be known as the Hawke’s Bay Civil Defence Emergency Management Group (CDEM Group).

6.3 Rangitikei District Council, whose district is in the area of both the Hawke’s Bay Regional Council and Manawatau-Wanganui Regional Council, has chosen to become a member of the Manawatau-Wanganui Civil Defence Emergency Management Group. This choice is irrevocable under section 14(3) of the Act.

6.4 Taupo District Council, whose district is in the area of Hawke’s Bay Regional Council, Bay of Plenty Regional Council and Waikato Regional Council has chosen to become a member of the Waikato Civil Defence Emergency Management Group. This choice is irrevocable under section 14(3) of the Act.

6.5 The Members of the CDEM Group will be 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 CDEM Group by one person only, being the Mayor or Chairman of that local authority or an alternate representative who has been given the delegated authority to act for the Mayor or Chairman.

6.6 An alternate representative must be an elected person from that local authority under section 13(4) of the Act.

6.7 Under section 114S(4) of the Local Government Act 1974, and section 30(9) Schedule 7 of the Local Government Act 2002, the powers to discharge any representative on the CDEM Group and appoint his or her replacement shall be exercisable only by the Member that appointed the representative being discharged.

7. REQUIREMENT TO MAINTAIN THE CDEM GROUP

7.1 Section 12(2) of the Act, section 114P(5) of the Local Government Act 1974, and clause 30(5) Schedule 7 of the Local Government Act 2002, must not be read as permitting any Member to discharge or reconstitute the CDEM Group.

7.2 It is the responsibility of each Member of the CDEM Group to ensure that they have a representative available to participate in the CDEM 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. DELEGATED AUTHORITY

The CDEM Group has the responsibility delegated by the Members to:

8.1 APPOINT A GROUP CONTROLLER

8.1.1 Appoint in accordance with section 26 of the Act, a suitably qualified and experienced person to be the Group Controller for the Hawke’s Bay region.

8.1.2 Appoint a suitably qualified and experienced person(s) to exercise the functions, powers and duties of the Group Controller in the event of a vacancy in or absence in the office of Group Controller.

8.1.3 Delegate to the Group Controller the functions set out in section 28 of the Act.

8.2 APPOINTMENT OF LOCAL CONTROLLERS

8.2.1 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.

8.3 APPOINT PERSON WHO MAY DECLARE STATE OF LOCAL EMERGENCY

8.3.1 Appoint in accordance with section 25 of the Act, and following consultation with the relevant Members, at least one representative of a Member of the CDEM Group as a person authorised to declare a state of local emergency within the Hawke’s Bay Region.

8.4 PREPARE, APPROVE, IMPLEMENT AND REVIEW CIVIL DEFENCE EMERGENCY MANAGEMENT GROUP PLAN

8.4.1 In accordance with sections 48 to 57 of the Act, prepare, and after consultation approve a CDEM Group Plan.

8.4.2 In accordance with section 17 of the Act, implement and monitor the CDEM Group Plan within the costs that each Member has agreed to pay.

8.4.3 In accordance with section 56 of the Act, review the CDEM Group Plan.

8.5 EXERCISE POWERS TO PERFORM ITS FUNCTIONS

8.5.1 In accordance with section 18(1) of the Act, all the powers that are reasonably necessary or expedient to enable the CDEM Group to perform its functions, including the power to delegate any of its functions to Members, the Group Controller, or any other person.

8.5.2 In accordance with section 18(2) of the Act:

(a) Recruit and train volunteers for civil defence emergency management tasks; and

(b) Conduct civil defence emergency management training exercises, practices, and rehearsals; and

(c) Issue and control the use of signs, badges, insignia, and identification passes authorised under the Act, regulations made under the Act, or the civil defence emergency management plan; and

(d) Ensure the provision, maintenance, control, and operation of warning systems; and

(e) Ensure the provision of communications, equipment, accommodation, and facilities for the exercise of the CDEM Group’s functions and powers during an emergency; and

(f) Exercise any other powers that are necessary to give effect to the CDEM Group’s Civil Defence Emergency Management Plan.

8.6 MAINTAIN THE CO-ORDINATING EXECUTIVE GROUP

8.6.1 In accordance with section 20 of the Act, establish and maintain a Co-ordinating Executive Group consisting of:

(a) The chief executive officer of each Member or a senior person acting on that person's behalf; and

(b) A senior representative of the Police assigned for the purpose by the Commissioner of Police; and

(d) 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

(e) Any other persons that may be co-opted by the CDEM Group to assist the CEG to undertake its responsibilities.

9. POWERS NOT DELEGATED

9.1 Section 114Q of the Local Government Act 1974 and Clause 32 Schedule 7 of the Local Government Act 2002 specifically exclude powers of delegation to make a rate, bylaw, borrow money, purchase or dispose of assets (and other powers).

9.2 The determination of internal staff structures of individual Members necessary for the delivery of services required under the Act or the CDEM Group Plan.

9.3 The determination of funding for implementing the CDEM Group Plan.

9.4 Any decisions that are counter to each Members policy on significance.

10. REMUNERATION

10.1 Each Member of the CDEM Group shall be responsible for remunerating its representative on the CDEM Group for the cost of that person’s participation in the CDEM Group.

11. Meetings

11.1 The New Zealand Standard for model standing orders (NZS 9202: 2001), or any New Zealand Standard substituted for that standard, will be used to conduct CDEM Group meetings as if the CDEM Group were a local authority and the principal administrative officer of the Hawkes Bay Regional Council or his nominated representative were its principal administrative officer.

11.2 Other standing orders may be used, subject to the agreement of the CDEM Group, and in accordance with section 19(1) of the Act.

11.3 The CDEM 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.

11.4 In accordance with clause 23 of Schedule 7 of the Local Government Act 2002 the quorum of the CDEM Group is all Members.

11.5 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 any subcommittee of the Joint Committee.

12. VOTING

12.1 In accordance with section 114Q of the Local Government Act 1974 and clause 32(4) Schedule 7 of the Local Government Act 2002, at meetings of the CDEM Group each Member’s representative has full authority to vote and make decisions within the delegations of this Terms of Reference on behalf of that Member without further recourse to that Member.

12.2 Members shall use their best endeavours to avoid use of a casting vote by obtaining majority consensus.

12.3 Each Member has one vote.

12.4 A casting vote shall not be used unreasonably in favour of one Member.

12.5 As general statements of principle, a casting vote is to be used in the best interests of the Hawke’s Bay region.

13. ELECTION OF CHAIRMAN AND DEPUTY CHAIRMAN

13.1 On the constitution or reconstitution of the CDEM Group Members shall elect a CDEM Group Chairman and may elect a Deputy Chairman;

13.2 The Group’s Chairman and Deputy Chairman will hold office for an initial term up to the local body elections in October 2004, and thereafter a term of three years or such a lesser period as may be determined by the CDEM Group. The term of office of an appointed Chairman or Deputy Chairman ends if that person ceases to be a representative of a Member of the CDEM Group.

14. ADMINISTERING AUTHORITY

14.1 In accordance with the section 23 of the Act, the administering authority for the CDEM Group is Hawke’s Bay Regional Council.

14.2 In accordance with section 24(2) of the Act, the administrative and related services referred to in clause 14.1 of these Terms of Reference, include services required for the purposes of the Act, or any other Act, regulation, or bylaw that applies to the conduct of the joint standing committee under section 114S of the Local Government Act 1974, and clause 30 Schedule 7 of the Local Government Act 2002.

15. GOOD FAITH

15.1 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:

(a) The Members of the CDEM Group collectively; and

(b) The Hawke’s Bay community represented by the Members of the CDEM Group collectively.

16. VARIATIONS

16.1 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 CDEM Group.

16.2 Once a proposed variation, deletion or addition to this Terms of Reference has been put to the CDEM Group, this Terms of Reference is not amended until each Member adopts the revised terms of Reference giving effect to the proposed variation, deletion or addition.

16.3 Notwithstanding clause 16.2, the CDEM Group may amend the Terms of Reference, where the changes will not materially affect the commitment of any individual Member.

17. REVIEW OF THE TERMS OF REFERENCE

17.1 The Terms of Reference will be reviewed and if appropriate amended by the CDEM Group at its meeting following the adoption of its Group Plan and any subsequent amendments to or revisions of that Plan.

17.2 The adoption of an amended Terms of Reference revised under clause 17.1 will be undertaken in accordance with section 16.

18. ADOPTED BY

THE COMMON SEAL of the )

CENTRAL HAWKE’S BAY DISTRICT COUNCIL )

Was affixed in the presence of )

________________________

THE COMMON SEAL of the )

HASTINGS DISTRICT COUNCIL )

Was affixed in the presence of )

________________________

Signed under the seal of the )

HAWKES BAY REGIONAL COUNCIL )

In the presence of )

________________________

Chairman

________________________

General Manager

THE COMMON SEAL of the )

NAPIER CITY COUNCIL )

Was affixed in the presence of )

_______________________

THE COMMON SEAL of the )

WAIROA DISTRICT COUNCIL )

Was affixed in the presence of )

_______________________

Proposed Terms of Reference

Attachment 2

TERMS OF REFERENCE

HAWKES BAY CIVIL DEFENCE EMERGENCY MANAGEMENT GROUP

1. PREAMBLE

1.1 The Hawke’s Bay Civil Defence Emergency Management Group was established pursuant to a Terms of Reference dated August 2003. Pursuant to a resolution passed by the Group on 13 December 2013, this Terms of Reference is adopted to replace and supersede the foundation Terms of Reference dated August 2003.

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 “Co-ordinating Executive Group” (the CEG) means the Co-ordinating 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 “Member” 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:

(a) set out the purposes, functions, powers, and duties of the Group and its members in accordance with the requirements of the Act;

(b) define the responsibilities of the Group as delegated to the Group by the Members; and

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 Chairman of that local authority, or if the Mayor is unavailable an alternate representative who has been given the delegated authority to act for the Mayor or Chairman.

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.

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 Member's Representative is to have full authority to vote and make decisions on behalf of that Member without further recourse to that Member in respect of the authority granted under 7.1 above.

7.3 If a 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 Territorial Authority whom will act as the Representative for the relevant Council until such time as a new Representative having full delegated authority, are appointed by that Council.

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:

(a) To ensure that hazards (as defined in the Act) and the consequential risks are identified and assessed;

(b) 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;

(c) 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.

(d) 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;

(e) To encourage through partnership and co-ordination of emergency management, planning, and activities related to civil defence emergency management amongst the organisations represented on the Co-ordinating Executive Group, other CDEM partners and the Lifeline utility operators that operate within the region;

(f) To ensure an effective and efficient region-wide civil defence emergency management capability to be respond to and recover from emergencies.

9. OBLIGATIONS OF MEMBERS

9.1 Each member of the Group will:

(a) In accordance with section 7 and 8 above, appoint one elected representative each to the Group; and

(b) appoint its chief executive officer to the Co-ordinating Executive Group (CEG); and

(d) contribute technical expertise and resources to maintain an effective group and local level response capability; and

(e) 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 a Declare 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 CO-ORDINATING EXECUTIVE GROUP

12.1 In accordance with section 20 of the Act, establish and maintain a Co-ordinating Executive Group consisting of:

(a) The chief executive officer of each Member or a senior person acting on that person's behalf; and

(b) A senior representative of the Police assigned for the purpose by the Commissioner of Police; and

(d) 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

(e) 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 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.

14. Meetings

14.1 The New Zealand Standard for model standing orders (NZS 9202: 2001), or any New Zealand Standard substituted for that standard, will be used to conduct Group meetings as if the Group were a local authority and the principal administrative officer of the Hawke’s Bay Regional Council or his nominated representative were its principal administrative officer.

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 Members.

14.5 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 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 Ministry of Civil Defence and Emergency Management shall have observer status on the Group and also the Co-ordinating Executive Group.

16. ELECTION OF CHAIRMAN AND DEPUTY CHAIRMAN

16.1 The Group may appoint a Group Chairperson and Deputy Chairperson for the Group at the first meeting following the triennial local government elections, 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 an Emergency Management Office on behalf of the Group.

18.2 The Emergency Management 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.

18.3 The Hawke’s Bay Regional Council will employ staff for the Emergency Management 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 the 30th of November of the year proceeding the year 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 30 November of the year proceeding the year which the programme and budget applies.

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:

(a) the Members of the CDEM Group collectively; and

(b) 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 The Terms of Reference will only be amended upon a unanimous vote and resolution passed by the Group and duly recorded in writing.

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. ADOPTED BY

THE COMMON SEAL of the )

CENTRAL HAWKE’S BAY DISTRICT COUNCIL )

Was affixed in the presence of )

________________________

THE COMMON SEAL of the )

HASTINGS DISTRICT COUNCIL )

Was affixed in the presence of )

________________________

Signed under the seal of the )

HAWKES BAY REGIONAL COUNCIL )

In the presence of )

________________________

THE COMMON SEAL of the )

NAPIER CITY COUNCIL )

Was affixed in the presence of )

_______________________

THE COMMON SEAL of the )

WAIROA DISTRICT COUNCIL )

Was affixed in the presence of )

_______________________

HB Civil Defence Emergency Management Group

Friday 13 December 2013

SUBJECT: Review of Group Information Pamphlets for Group Members and Local Politicians

Reason for Report

1. With the start of the new triennium the Group Office has been working on two pamphlets that provide information for new councillors across the Group area.

2. After discussions with local EMO staff it was decided to develop two booklets. One gives an introduction as to how civil defence emergency management (CDEM) is delivered in Hawke’s Bay, while the second booklet provides more specific information to mayors, councillors and senior council staff and their role during an emergency.

3. The purpose of this report is to obtain any feedback from the Committee on these booklets before they are finalised and distributed.

Discussion

4. Attached as Attachment A is the booklet An Introduction to Civil Defence and Emergency Management in Hawke’s Bay. The purpose of this booklet is to provide some basic information for new staff, new representatives of partner agencies on CDEM committees, media and interested members of the public. The booklet includes some of the concepts included in the draft Group Plan and outlines the structure of CDEM in Hawke’s Bay.

5. Attachment B is the draft Public Information Handbook for Elected Officials and Senior Managers. This booklet has been developed from a document produced by Napier City Council in previous years. The intent is that the booklet will provide a common point of reference for mayors/councillors and council managers as to their role during an emergency. The intended audience for this booklet is internal to Group Members.

6. This booklet is still in draft form and feedback on its content is sought. If the Committee is happy with the content it is asked that it is endorsed so that the content can be finalised and formatted for distribution.

7. It is intended that both booklets are “living documents” and as such will be updated as required. They will be made available to all Group Members to distribute.

Decision Making Process

8. The CDEM Group, as a joint committee operating in accordance with Schedule 7 of the Local Government Act 2002 (the Act), is required to make every decision in accordance with the provisions of Part 6 subpart 1 of the Act. Staff have assessed the requirements contained within these sections of the Act in relation to this briefing paper and have concluded the following:

8.1. Section 97 (decisions that can only be made as part of an LTP) of the Act do not apply.

8.2. The CDEM Group has adopted the CDEM Group Plan after a process of consultation in accordance with the CDEM Act 2002 and has a responsibility to ensure that it is implemented. The decisions to be made on this agenda item are associated with the implementation of the Group Plan.

8.3. The decisions will have no significant adverse impact on any member of the public or public interest group.

8.4. The proposed decisions are not inconsistent with any existing Hawke’s Bay CDEM Group policy or plan.

Recommendations

That the Joint Committee:

1. Agrees that the decisions to be made are not significant under the Hawke’s Bay Civil Defence Emergency Management Group Plan and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Endorses the booklet titled Public Information Handbook for Elected Officials and Senior Managers.

Ian Macdonald

Group Manager/Controller Hawke's Bay Civil Defence Emergency Management

Attachment/s

1	An Introduction to Civil Defence and Emergency Management in Hawke’s Bay.		Under Separate Cover
2	Public Information Handbook for Elected Officials and Senior Managers		Under Separate Cover

1 View	Letter- CDEM Capability Assessment
2 View	National CDEM High Frequency (HF) Radio Network

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