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Resolutions
That the Hawke’s Bay Drinking Water
Governance Joint Committee:
1. Receives and notes the Adoption of the Hawke's Bay Drinking
Water Governance Joint Committee Terms of Reference staff report
2. Agrees that the decisions to be made are not significant under the
criteria contained in Councils’ adopted Significance and Engagement
policies, and that the Joint Committee can exercise its discretion and make
decisions on this issue without conferring with the community.
3. Agrees the Terms of Reference (following) as adopted by all
participating agencies.
4.
Notes that the Drinking Water Regulator may
change during 2020 and that the Terms of Reference will be amended
accordingly as required.
Hawke’s Bay Drinking Water Governance Joint
Committee
Terms of Reference
1. Background
1.1. In August 2016 a
significant water contamination event occurred that affected the
Hawke’s Bay community of Havelock North. The Government established an
Inquiry into the Havelock North water supply.
1.2. It became apparent
during the Government Inquiry that in order to achieve a systematic approach
to ensuring safe drinking water, there was a need to strengthen interagency working
relationships, collaboration and information sharing pertaining to drinking
water.
1.3.
The Inquiry asked a
Joint Working Group (JWG) initially comprising staff representatives of the
1.4. Hawke’s Bay
District Health Board, Hawke’s Bay Regional Council and the Hastings
District Council to implement its 17 initial recommendations. As this group
has evolved it has become apparent that many drinking water issues will
require an ongoing forum for regional collaboration and decision
making. Napier City Council have also joined the Joint Working Group,
as well as a Drinking- Water Assessor from the Central North Island Drinking
Water Assessment Unit.
1.5. Ngāti Kahungunu
Iwi Incorporated have called for the agencies involved in water management to
view water as a taonga, the lifeblood of the land and people. They consider
that drinking water should be set as the number one priority for water use in
decision-making processes related to water.
1.6. It is within this
context that the Hawke’s Bay Drinking Water Governance Joint Committee
has been established. The principal focus of the Committee is on drinking
water, however drinking water cannot be considered in isolation from other
fresh water management issues. For that that reason the focus of the
Committee will be twofold:
1.6.1. To provide governance
oversight for planning and decision making on regional drinking water
matters; and
1.6.2. To consider and make
recommendations where appropriate to decision-making bodies with
responsibility for broader freshwater management issues or planning or
infrastructure issues that have implications for drinking water and/or
drinking water safety.
2. Purpose
2.1.
The parties agree
that water is a taonga, the lifeblood of the land and people. They further
agree that the Joint Committee established under this Terms of Reference is
intended to give practical meaning and effect to this agreement.
2.2.
The Committee is
established to provide governance oversight to the existing JWG regarding the
implementation of recommendations from the Inquiry Panel and then the evolution
of the JWG into a more permanent officials working group.
2.3. In the context of
this agreement including 2.1 and 2.2 above, the purpose of the Hawke’s
Bay Regional Drinking Water Security Joint Committee is to give governance
oversight and direction in respect of the following matters:
2.3.1.
Programmes and
initiatives to protect and enhance drinking water quality and safety
2.3.2.
Improving and
maintaining effective inter-agency working relationships relating to drinking
water, including the extent and effectiveness of cooperation, collaboration
and information sharing between the agencies, and mechanisms to achieve these
desired outcomes
2.3.3.
Provision of
governance oversight of strategies and work programmes related to drinking
water management, including drinking water sources and infrastructure matters
2.3.4.
To recommend to the
relevant bodies and decision making for changes to strategies and work
programmes to protect and enhance drinking water quality and safety
2.3.5.
To encourage the
member parties to give adequate consideration of the safety of drinking water
in the carrying out of their range of functions
2.3.6. To make
recommendations as appropriate to relevant agencies and decision making fora
on initiatives and priorities related to water, having regard to the needs of
the region for adequate and secure water resources suitable for the supply of
safe drinking water.
2.4. The geographic scope
of the Joint Committee’s jurisdiction shall be over drinking water
related matters on the land and catchment areas within territorial
authorities who elect to be members of the Joint Committee (the participating
territorial authorities) plus such other land and catchment areas within the
authority of the Hawke’s Bay Regional Council that have an impact upon
drinking water within the participating territorial authorities.
3. Members/Parties
3.1. If they elect to take
up membership and establish the Joint Committee, each of the following shall
be a Member Organisation of the Hawke’s Bay Drinking Water Governance
Joint Committee and a party to this document and the establishment of the
Joint Committee:
3.1.1. Hawke’s Bay
District Health Board
3.1.2. Hawke’s Bay
Regional Council
3.1.3. Central Hawke’s
Bay District Council
3.1.4. Hastings District
Council
3.1.5. Napier City Council
3.1.6. Wairoa District
Council
3.2. Each member
organisation may appoint two (2) representatives.
3.3. To ensure the work of
the joint Committee is not unreasonably disrupted by absences each party may also
appoint alternative representatives.
3.4. The Joint Committee
shall appoint an Independent Chairperson of the Joint Committee.
3.5. Water is of particular
importance to Māori, and Māori have certain statutory rights in
respect of decision making relating to water under the Resource Management
Act 1991 and the Local Government Act 2002. Some iwi representatives have
been involved in discussions leading to the proposal for this Joint Committee
but have not determined whether or not they wish to formally participate in
the Joint Committee. Provision is made for iwi representation to be added to
the Committee should iwi organisations with authority in respect of the
geographic areas over which this Joint Committee has jurisdiction indicate
that they wish to formally join the Committee.
3.5.1. Notwithstanding any
decision by iwi organisations under e. above, the member organisations will
take steps to consult with, and take into account the interests of,
Māori as appropriate in terms of local authority decision making
requirements in respect of matters before the Joint Committee.
4. Name
4.1. The Hawke’s Bay
Drinking Water Governance Joint Committee shall be known as the Hawke’s
Bay Drinking Water Governance Joint Committee (HBDWGJC).
5. Status
5.1. By agreement of the
local authority members, the Hawke’s Bay Drinking Water Governance
Joint Committee is to be established as a Joint Committee under clause
30 and clause 30A of Schedule 7 of the Local Government Act 2002.
6. Delegated Authority
6.1. The Hawke’s Bay
Water Governance Joint Committee shall have authority to undertake such steps
as are necessary to give effect to the purpose of the Hawke’s Bay Water
Governance Joint Committee including but not limited to:
6.1.1. Establishing and
amending as it sees fit the Terms of Reference for the JWG
6.1.2. Receiving reports
from and giving direction to the officials Joint Working Group that leads
interagency cooperation and work programmes on drinking water quality and
safety and/or from the Chief Executives of the member agencies
6.1.3. Commissioning reports
and studies
6.1.4. Making
recommendations to members related to the security and safety of drinking
water
6.1.5. Making
recommendations to member organisations relating to strategies and work
programmes.
6.1.6. Making
recommendations to appropriate parties on matters within the purpose of the
Joint Committee.
7. Administering
Authority and Servicing
7.1. The members of the
Hawke’s Bay Drinking Water Governance Joint Committee shall work with
the JWG established to lead interagency cooperation and work programmes on
drinking water quality and safety.
7.2. The Administering
Authority of the Joint Committee shall be the Hawke’s Bay Regional
Council.
8. The Remuneration
8.1. Each member
organisation of the Hawke’s Bay Drinking Water Governance Joint
Committee shall be responsible for the cost of its participation on the Joint
Committee.
8.2. The Joint Committee
shall agree on the apportionment of the costs of the Independent Chairperson
on the recommendation of the JWG.
8.3. The JWG shall agree
the apportionment of any costs arising from the work of the Joint Committee.
9. Meetings
9.1. The Standing Orders
of the Hawke’s Bay Regional Council will be used to conduct Joint
Committee meetings.
9.2. The Joint Committee
shall meet not less than 6 monthly or at such other times and places as
agreed for the achievement of the purpose of the Joint Committee.
10. Quorum
10.1. The quorum at any meeting shall be not
less than eight (8).
11. Voting
11.1. The membership shall strive at all
times to reach a consensus.
11.2. Each representative and the
Independent Chairperson shall be entitled to one vote on any item of
business.
11.3. There shall be no casting vote.
12. Chairperson and
Deputy Chairperson
12.1. Member representatives shall appoint,
by agreement, an Independent Chairperson who shall be entitled to one vote,
and in the case of an equality of votes does not have a casting vote.
12.2. The Joint Committee shall also
appoint, by simple majority vote from among the representatives, a Deputy
Chairperson.
13. Variations
13.1. Any Member may propose an amendment
(including additions or deletions) to the Terms of Reference which may be
agreed to by the Joint Committee.
13.2. Once agreed to by the Joint Committee,
amendments to the Terms of Reference shall have no effect until each member
organisation has agreed to the amendment.
14. Good Faith
The parties to this Terms of Reference
agree to act in good faith towards each other and to give effect to the
purpose of the Joint Committee.
Apatu/Ormsby
CARRIED
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