Agenda of Regional Council Meeting

	Agenda Item	Action	Person Responsible	Due Date
8	Harbour Master Liability Insurance	Staff to have discussions with PONL about the possibility of a contribution to the costs of insurance	IM/BL	24/4
13	Significant Initiatives Update	Confirmation of status of 70 un-metered consents currently being followed up by Compliance Section.	IM/BL	24/4
13	Significant Initiatives Update	Confirmation email outlining the pests which will be included in the Regional Pest Management strategies to be sent to all Councillors	LL	Immed

	Agenda Item	Action	Person Responsible	Due Date	Status Comment
16	Hawke's Bay Tourism Quarterly Report	HB Tourism to investigate the concerns and the statistics underlying the claims made by Napier Tourism via David George email	AD	8May	A report will be provided to Council from HB Tourism. In relation to Napier accommodation issues at the 8 May Corporate & Strategic Committee meeting.

	Agenda Item	Action	Person Responsible	Due Date	Status Comment
1	RMA Delegations	A process for advising Council when ‘major’ delegations have been exercised to be developed	IM		An update will be presented to the June E&S Committee

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 April 2013

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 Chairman or Deputy Chairman and Chief Executive or a Group Manager.

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 10

DP 14960

CT G4/484

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

1.1.2 Lot 98

DP 11780

CT C3/519

- Transfer

1.1.3 Lot 85

DP 13096

CT E3/524

- Transfer

1.1.4 Lot 12

DP 7310

CT B2/75

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

1.1.5 Lot 55

DP 13096

CT E3/510

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

1.1.6 Lot 83

DP 12226

CT D2/164

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

- Transfer

1.1.7 Lot 85

DP 13096

CT E3/524

- Transfer (name change on document only)

1.1.8 Lot 26

DP 13899

CT F4/438

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

- Transfer

1.1.9 Lot 10

DP 14960

CT G4/484

- Transfer

1.1.10 Lot 167

DP 7894

CT E2/229

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

- Transfer

1.1.11 Lot 12

DP 7310

CT B2/75

- Transfer

3674

3675

3676

3677

3678

3681

3682

3683

3684

3685

3686

3687

3691

3690

14 March 2013

19 March 2013

22 March 2013

26 March 2013

28 March 2013

5 April 2013

9 April 2013

17 April 2013

16 April 2013

1.2 Co

Contracting Agreement

(Grazing Lease Tutira Country Park)

3679

26 March 2013

1.3 Dee

Deed of Covenant

(Cave Trust Forestry Rights)

3680

26 March 2013

1.4

Deed of Grant of Easement

(Clive River Stopbank Reconstruction)

3688

10 April 2013

1.5

Deed of Grant of Easement

(Clive River Stopbank Reconstruction)

3689

10 April 2013

1.2

Staff Warrants

1.2.1 V. Byrne

(Delegations under Resource Management Act 1991; Soil Conservation and Rivers Control Act 1941; Land Drainage Act 1908 and Civil Defence Act 1983 (s.60-64); Civil Defence Emergency Management Act 2002 (s.86-91) and Local Government Act 2002 (s.174)

3692

17 April 2013

Decision Making Process

2. 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:

2.1 Sections 97 and 88 of the Act do not apply;

2.2 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;

2.3 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 Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council 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. Confirms the action to affix the Common Seal.

Diane Wisely

Executive Assistant

Liz Lambert

General Manager (Operations)

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 April 2013

SUBJECT: Local Government Commission - Invitation for Alternative Proposals

Reason for Report

1. The Local Government Commission (LGC) has received a proposal for local government reorganisation in Hawke’s Bay. As part of the process for considering that application the LGC has invited the Hawke’s Bay Regional Council to submit an alternative application.

2. The purpose of this paper is:

2.1. To enable the Council to decide whether or not it wishes to submit an alternative proposal

2.2. If Council wishes to submit an alternative proposal, determine what that proposal should be.

Background

3. The LGC has received a proposal for reorganisation of local government in Hawke’s Bay under clause 3 of the Schedule 3 of the Local Government Act 2002. This application seeks the creation of a unitary authority through the amalgamation of Wairoa, Hastings and Central Hawke’s Bay District councils, Napier City Council and the Hawke’s Bay Regional Council. The LGC has determined that those parts of Rangitikei and Taupo districts that are within the Hawke’s Bay region would also be included in this proposal. A unitary authority carries out the functions of both territorial and regional councils.

4. The proposed new council would have one mayor and 16 councillors, with six councillors each representing Napier and Hastings wards, and two each representing Wairoa and Central Hawke’s Bay wards. In addition five community boards of five members proposed (Napier, CHB, Rural, Wairoa and Hastings) and a Māori leaders Forum.

5. At its meeting on 15 March 2013 the LGC agreed to assess the proposal. In accordance with clause 9 of Schedule 3 of the Local Government Act (the ‘Act’) it is now seeking applications for alternative proposals. The deadline for alternative proposals is 3 May 2013. The LGC will consider all the responses, alongside the original application and the status quo, and prepare a draft proposal.

6. Upon receipt of the alternative proposals the LGC must:

6.1. Identify reasonably practicable options (including the status quo)

6.2. Identify a preferred option that will promote ‘good local government’

6.3. Notify its decision and proceed to prepare a draft proposal (unless the preferred option is the status quo).

7. It is not the intent of this paper to highlight any inaccuracies or question any assumptions within the original proposal lodged with the LGC. That is for the LGC to undertake when assessing whether or not that proposal promotes good local government. Rather the intent of this paper is to address the role of regional council functions and priorities within a local government structure and to identify the optimal “good local government” structure for the delivery of regional council functions within the Hawke’s Bay region.

8. It will then be for this Council to decide whether or not that will provide sufficient justification for an alternative proposal to the Local Government Commission.

Matters to be considered

9. The matters to be assessed in the promotion of good local government are set out in Clause 12 of Schedule 3 of the Act:

“The Commission must be satisfied that its preferred option—

(a) will best promote, in the affected area, the purpose of local government as specified in section 10; and

(b) will facilitate, in the affected area, improved economic performance, which may (without limitation) include—

(i) efficiencies and cost savings; and

(ii) productivity improvements, both within the local authorities and for the businesses and households that interact with those local authorities; and

(iii) simplified planning processes within and across the affected area through, for example, the integration of statutory plans or a reduction in the number of plans to be prepared or approved by a local authority.

Discussion

10. There is no doubt that the Local Government Commission will be required to consider a number of alternative proposals for Hawke’s Bay, in addition to the original proposal and the status quo. The unknown factor at this stage is whether or not any of the alternatives will adequately take into account or give any priority to the carrying out of regional council functions. If this Council does not consider it to be a risk, then there is no need to prepare an alternative proposal. If however the Council, on behalf of the wider regional community, considers that there is a case for greater certainty around the delivery of regional council functions then it should lodge an alternative proposal.

11. The purpose of local government was amended through reform legislation in December 2012. It is now as follows:

Purpose of local government

(1) The purpose of local government is—

(a) to enable democratic local decision-making and action by, and on behalf of, communities; and

(b) to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

(2) In this Act, good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are—

(a) efficient; and

(b) effective; and

(c) appropriate to present and anticipated future circumstances.

Enable democratic local decision-making and action by, and on behalf of, communities

12. The Local Government Act reforms enacted in 2012 facilitate the assessment of local government reorganisation proposals. In the case of regions with a population greater than 400,000 they provide for local boards. Local boards have a significant and wide-ranging role; they make decisions on local matters, provide local leadership and build strong local communities.

13. Where regions have a population of fewer than 400,000, including Hawke’s Bay, there is provision to create community boards. The legislated functions of community boards are significantly less wide-ranging than those of local boards.

14. The following (paraphrased) LGA provisions give certain rights and functions to community boards:

14.1. Represent and act as an advocate for the interests of its community

14.2. Report on matters referred to it by the governing body, or on a matter of interest or concern to the board

14.3. Maintain an overview of services provided by the governing body

14.4. Prepare an annual submission to the governing body for expenditure within the community

14.5. Communicate with community organisations and special interest groups

14.6. Undertake activities delegated by the governing body

14.7. The governing body must provide the necessary administrative and other facilities required for the community board to undertake its functions (LGA Schedule 7 cl38)

14.8. The expenses of the community board must be paid by the governing body.

15. The legislative rights and functions of community boards would imply that their default function is primarily for local community advocacy.

16. Community boards are set up either by the LGC as part of a reorganisation scheme, or by a territorial authority resolution following representation review or proposal by electors. Both processes can delegate a range of functions to community boards that could be very similar to the functions of local boards. However any powers prescribed by an Order in Council giving effect to a reorganisation scheme expire after 6 years. Powers given to community boards by the governing body are more subject to political whim and are therefore less certain over the long term.

17. In August 2012 a report by McGredy Winder Future Prosperity of the Hawke’s Bay Region: Issues and Options (the ‘Winder Report’) was prepared to provide advice on actions and steps that can be taken to add value to the region and its people in order to improve social and economic performance, within a framework of responsible stewardship and us of the region’s natural resources. It identifies a number of broad initiatives that could be pursed to improve prosperity.

18. The Winder Report states that “one of the major concerns that stakeholders identified with respect to the performance of local authorities and possible local government reform was the potential for the rural voice of the region to get lost.” A number of stakeholders cautioned strongly “against changes that would diminish the strong rural focus of the regional council. Their caution was simple, they noted that despite its very large rural areas, Hastings was in their eyes an urban authority, dominated by an urban population, where urban issues dominated politics and where it is difficult to remain connected to the primary economy that supports the region.” (p. 71).

19. The rural community is seeking retention of a focus by an organisation on their issues and concerns.

Meet current and future needs for good quality infrastructure, services and regulatory functions performance

20. The Hawke’s Bay Regional Council has a long-term focus and exists because of its statutory role in four core functions –

20.1. Natural resource knowledge and management, providing an integrated approach and specialist expertise to natural resource management. This is particularly essential given the region’s significant natural resource base including large areas of land suitable for intensive agriculture or horticulture and given that the region’s economy is driven by primary production.

20.2. Natural hazard assessment and management, including floods, earthquakes, tsunami and where possible mitigation through statutory planning and infrastructure.

20.3. Strategic planning at the regional scale delivered through the statutory instruments including the Regional Policy Statement, the Regional Land Transport Plan and the Regional Pest Management Strategy.

20.4. Regional scale infrastructure and services, including Napier Port and the flood protection assets which protect urban populations of approximately 120,000 people and much of the intensive land use industries and food processing assets in Hawke’s Bay.

21. HBRC works in a more ‘networked’ environment. The days of a single agency having custody and control over complex management issues are gone. In the natural resource management space significant change is underway in related Central Government Departments such as the Ministry of Primary Industries and the Department of Conservation. An opportunity for services to be better integrated with Regional Councils in areas such as water management, catchment management, bio-security and biodiversity management has been taken up with the establishment of ‘Nature Central’ between HBRC and the other Southern North Island Regional Councils and the Department of Conservation. The aggregation and maintenance of joint research capacity and possibly spatial planning could be added to the list.

22. Locally with our Territorial Local Authority (TLA) counterparts, we have established the Hawke’s Bay Local Authority Shared Services Company to collaborate and partner in the procurement, delivery and investment in core business platforms. Opportunities such as geographic information systems, financial systems, insurance and building consents standout. In the meantime, HBRC has funded additional roles in the Civil Defence group and co-located with the TLAs across the region, to ensure better preparedness at the community level for major disaster events and better arrangements for recovery from those events.

23. The Regional Council has a clear role which interacts very closely with both Central and Local Government. Its distinct role across natural resource, natural hazard management, regional and potentially inter-regional planning and provision of major regional scale infrastructure is already well aligned with the key strategic drivers of Hawke’s Bay future prosperity.

24. The region needs to retain a core focus on ensuring the investment funds deliver intergenerational work in the complex natural resource areas and the investment capital is used for critical regional scale infrastructure which unlocks sustainable economic opportunities. A dedicated focus on assisting the primary sector build resilience, and if possible to expand, also needs to be retained.

25. Underpinning the people, the economy and the environment is a unique governance and operational model. A resilient and sustainable planning framework is coming out of the co-governance Regional Planning Committee, which maintains equal numbers of iwi and elected regional representatives at the table debating and making recommendations for future natural resource management. By recognising the benefits of working collaboratively with our regional neighbours in the lower North Island, we are able to deliver more with the region’s financial resources.

26. When considering the concept of “effective” infrastructure, services and regulatory performance it is worthwhile considering the range of activities that a unitary authority would be responsible for. The following is a list of local government activities included in a paper initiated by a group of Wellington regional councillors titled “Some Ideas on local government reform in Wellington – neighbourhood decisions with pan-regional strategy”. (October 2011). It is the most comprehensive and straight forward list of local government activities HBRC staff are aware of. With the exception of vehicle testing stations and farming in parks staff believe that this list otherwise covers all the activities currently undertaken by HBRC and territorial authorities that would need to continue to be undertaken by a unitary authority.

Activity			Activity
Air quality control (environmental and health)			Dog control
Animal control, impounding, welfare			Economic development
Art Galleries			Education and employment advocacy
Arts and Culture			Entertainment and cultural venues
Asset and liability management			Environmental health control
Regional investments			Environmental monitoring
Beach control			Events promotion
Beautification			Farming in parks
Biosecurity			Film facilitation
Broadband			Fire protection
Brothels – control of location and signage			Flood protection
Building consents processing, advice and compliance			Food premises licensing
Business support			Forests
By-laws (wide variety) and enforcement			Gambling and gaming machine policy
Cemeteries			Gardens
Citizen and customer contact			Graffiti control and removal
Citizen Advice Bureaux			Grants
Citizen services			Harbourmaster
Civil defence emergency management			Hazard Register
Climate change			Hazardous substances controls
Coastal environment dev. Control			Hazards management
Coastal planning and management			Health – advocacy and programmes
Community centres, halls and facilities			Holiday parks
Community development, partnerships, services and support			Land development
Community grants and levies			Land drainage
Community notice boards			Land Information Memoranda(LIMs)
Community planning			Land management
Corporate services			Land use planning
Council-controlled organisations			Landfills
Crematoria			Libraries
Crime prevention			Liquor licensing
Cultural heritage conservation			Māori relations
Democracy services			Marina operations
District Planning			Migrant settlement facilitation
District promotion			Museums
Natural heritage conservation			Safety in public places
Noise control			Shareholdings and investments
Parking control			Sister city programmes
Parking places			Sports grounds and venues
Parks and reserves			Stormwater management
Passenger transport policy and facilities			Street furniture and trees
Activity			Activity
Pensioner housing			Swimming pools
Planning			Toilets – public
Playgrounds			Tourist facilities and information
Pollution response			Town centre and business precincts promotion
Pounds			Transport network management
Property information memoranda (PIMs)			Transport policy and planning
Property Management			Treasury and debt management
Public Information			Urban and rural design
Public transport planning			Vehicle testing station
Quarries			Visitor services
Rating			Walking and cycling strategy
Recreation and sport programmes			Walkways/cycleways
Recreation centres			War memorials
Recycling			Waste management
Refuse transfer stations			Wastewater
Regional and district leadership			Water quality monitoring
Regional growth planning			Water supply
Regional parks			Wharf management
Regional Planning			Port
Regional Social development strategy			Council owned housing
Resource consents processing and monitoring			Revenue collection and management
Road construction			Road maintenance
Road asset management			Road safety

27. This list highlights the extensive range of activities upon which a unitary authority’s attention would necessarily fall, and therefore leads to the question whether there are certain activities or circumstances that would benefit from a more specialist organisation.

28. Returning to paragraph 11 of this report and the definition of “good quality” under section 10 of the Local Government Act. The first of the criteria in the definition is “efficient” – and relates largely (but not entirely) to cost effectiveness. A section of Part 2 of the Winder Report is focussed on developing a financial model that could be used to provide high-level assessments of the potential costs and savings of a range of reform options.

29. The model is being constructed by working from current long-term plans. Additional information has been required from each council to ensure that the way that costs are allocated between activities is consistent (to the extent possible) and to capture the drivers of cost and standard measures of output (number of consents, km of road sealing, etc.). Councils have provided information on the number of staff devoted to each activity and generic information on employment provisions and in particular generalised information about the redundancy provisions of their employment agreements. Lastly, where councils have contracted out substantial areas of activity they have provided high-level information about the services, and the cost structure and term of the contracts.

30. This information can be used to model various local government reform options. It is expected to show that the duplication of activities by TLAs provides the primary scope for savings as part of local government reorganisation. The Winder Report (Part 1) notes that there are some real issues within local government in Hawke’s Bay. The most significant issues relate to the on-going capacity, capability and viability of the Wairoa and Central Hawke’s Bay District Councils. It is noted however that the retention of capacity in these smaller councils is a critical factor in the social fabric of those respective communities.

31. If regional councillors decide to submit an alternative proposal for local government reform to the Local Government Commission then consideration needs to be given to the future structure of territorial authorities as part of that alternative proposal.

32. The LGA definition of ‘good quality’ also requires infrastructure, services and regulatory performance to be ‘appropriate to present and future circumstances’. Determining what will be appropriate to future circumstances is challenging but an educated guess can be made that the following emerging issues will need to be the core focus of a council’s attention:

32.1. Achieving resilience for the environment, the economy and people

32.2. Making provision for the merging effects of climate change

32.3. The complexity of freshwater management;

32.4. The emergence of Treaty claimant groups and their aspirations for the co-governance of natural resources.

33. The issues of climate change – droughts, storm events – and freshwater management are common to the east coast of the North Island In addition the same iwi – Ngati Kahungnunu – covers the area from the Whareratas to the Wairarapa, and the nature and shape of the economy of the area is largely the same with the same land management issues. If Council is minded to seek the retention of the regional council around its distinct value proposition this raises the question of whether or not a larger regional council area, based on the east coast of the North Island from Hawke’s Bay south, makes sense from the perspective of the purpose of local government.

Conclusion

34. This paper has been prepared to address the role of Regional Council functions and priorities within a local government structure and to provide an opportunity to assess whether or not an alternative proposal should be lodged with the Local Government Commission, based upon the retention of an authority with solely regional council functions.

35. A draft alternative proposal will be prepared for councillors to consider at the meeting and will be circulated, and publicly available, prior to the Council meeting. It will not detail one specific proposal but will present the outline of two or three alternatives.

36. If Council decides to proceed with an alternative proposal based on the retention of the Regional Council with its current boundaries it will need to have a position on the reconstitution of the territorial authorities within Hawke’s Bay in order to be classed as an alternative proposal.

Decision Making Process

37. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

37.1. The decision does not significantly alter the service provision or affect a strategic asset.

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

37.3. The decision does not fall within the definition of Council’s policy on significance.

37.4. The persons affected by this decision are the ratepayers in the region.

37.5. Options that have been considered are canvassed in the paper.

37.6. The decision is not inconsistent with an existing policy or plan.

37.7. 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 directly with the community or others having an interest in the decision. Those with an interest in this decision have the opportunity also to lodge an alternative proposal with the Local Government Commission.

Recommendations

That Council:

Either:

2. Decides to submit an alternative proposal to the Government Commission, based upon the following features:

2.1. ..

2.2. ..

3. Decides not to submit an alternative proposal to the Local Government Commission for the reorganisation of local government within Hawke’s Bay

4. If 2 is resolved, Council will consider the final alternative proposal for lodging with the LGC at a Council meeting to be scheduled on 1 May 2013.

Liz Lambert

General Manager (Operations)

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 April 2013

SUBJECT: Tukituki Plan Change 6

Reason for Report

1. On 27 February 2013, Council adopted Tukituki Plan Change 6 with amendments ready for notification. Since then, a matter has arisen out of the RPS Change 5 process that warrants some revision of the Tukituki Plan Change as adopted.

2. The purpose of this report is for Council to consider and adopt this revision as part of the Tukituki Plan Change.

RPS Change 5

3. Hearings have been held to hear and decide on the 29 submissions that were received in respect of Change 5. As part of that process, staff were required to prepare a S42A report addressing each of the submissions and to make recommendations to the Hearing Panel with respect to any amendments to the Change 5 provisions.

4. A technical issue was raised that may have consequential implications for Tukituki Plan Change 6. This issue relates to Groundwater Quality Objectives 42 and 43 in the regional plan and how Change 5 was notified. Further detail is provided in paragraphs 8 to 11.

5. RPS Change 5 decisions have not been released.

6. If the Hearing Panel decides that it has no jurisdiction to amend Groundwater Objectives 42 and 43, the result may be that there are objectives in the regional plan which are inconsistent with the RPS’s objectives. Both sets of (potentially conflicting) objectives would be relevant to an application for the Ruataniwha Water Storage Scheme.

7. As the Tukituki Plan Change 6 has not yet been notified, it can still be amended to remove any inconsistency.

Objectives 42 and 43 – Groundwater quality

8. One submitter raised a procedural matter with respect to the notification of Change 5 to the Regional Policy Statement and whether it did in fact allow for the proposed changes to Objectives 42 and 43 in Chapter 5.6, being in the Regional Plan section of the Regional Resource Management Plan. The proposed changes in the regional plan simply reflected the amendments to duplicate objectives in the Regional Policy Statement.

9. A Regional Plan must give effect to a Regional Policy Statement so where there are inconsistencies, regional plans must be changed through a plan change as soon as practicable.

10. Change 6 as adopted includes the RPS Change 5 amendments as they were notified. This is shown in Attachment 1.

Amendment to Tukituki Plan Change 6

11. In absence of any decision from the RPS Change 5 Hearing Panel on this point at the time of writing this agenda paper, staff recommend that:

11.1. the Tukituki Plan Change be amended by adding the following introductory clause to Chapter 5.6 (as has been done for Chapters 5.4 and 5.5):

“The provisions of Chapter 5.6 do not apply within the Tukituki River Catchment.”

11.2. Objective 42 as contained in the Regional Resource Management Plan be amended by deleting reference to Ruataniwha Plains to make it consistent with the other consequential changes in Chapter 5.6.

12. The revised section recommended for adoption is shown in Attachment 2.

13. Staff also recommend that:

13.1. the Tukituki Plan Change as amended be adopted by Council (Attachment 3); and

13.2. for completeness, although no changes are required to the s32 Evaluation Summary report, that report (Attachment 4) be adopted together with the amended Plan Change.

Notification of Tukituki Plan Change 6

14. Tukituki Plan Change 6 will be notified on Saturday 4 May 2013 in the Dominion Post and Hawke’s Bay Today and in the community papers on Tuesday 7 May 2013. The submission period will close at 5pm on Friday 31 May 2013.

Decision Making Process

15. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

15.1. The decision does not significantly alter the service provision or affect a strategic asset.

15.2. The use of the special consultative procedure is prescribed by the Resource Management Act.

15.3. The decision does not fall within the definition of Council’s policy on significance.

15.4. The persons affected by this decision are all residents and ratepayers with the Tukituki River catchment and all persons with an interest in the region’s management of natural and physical resources under the RMA.

15.5. Options that have been considered include making these amendments through the submission process. However, the opportunity exists to amend the document prior to notification and that will result in a better consultation and decision-making process.

15.6. The decision is not inconsistent with an existing policy or plan notwithstanding that the content of Change 6 adds to and changes provisions of the Regional Resource Management Plan.

15.7. 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 directly with the community or others having an interest in the decision because the Resource Management Act allows people to have an opportunity to submit on Change 6 following a decision by Council to publicly notify it.

Recommendations

That Council:

2. Agrees to insert the revised amendments to Chapter 5.6 into the Proposed Tukituki Plan Change 6 as adopted on 27 February 2013.

3. Adopts the Proposed Tukituki Plan Change 6 (so amended) for public notification on Saturday 4 May 2013.

4. Adopts the Section 32 Report without further amendment.

Helen Codlin

Group Manager

Strategic Development

Liz Lambert

General Manager

(Operations)

Attachment/s

1 View	Chapter 5.6 as adopted on 27 February 2013
2 View	Chapter 5.6 as replaced
3	Tukituki Plan Change 6	Under Separate Cover
4	S32 Report	Under Separate Cover

Chapter 5.6 as adopted on 27 February 2013

Attachment 1

Attachment 1: Chapter 5.6 as contained in Tukituki Plan Change 6 adopted on 27 February 2013.

RPS Change 5 amendments are shown as strikethrough for deletion and underline for new text.

Consequential Tukituki Plan Change 6 amendments are highlighted by grey shading.

5.6 Groundwater Quality

OBJECTIVES

~~OBJ 42~~ ~~No degradation of existing groundwater quality in aquifers in the Heretaunga Plains and Ruataniwha Plains aquifer systems.~~

OBJ 43 Subject to Objective LW1 and OBJ TT3, ~~The maintenance or enhancement of~~ groundwater quality in the Heretaunga Plains and Ruataniwha Plains aquifer systems and in unconfined or semi-confined productive aquifers¹⁹ ~~in order that it~~ is suitable for human consumption and irrigation without treatment, or after treatment where this is necessary because of the natural water quality.

Refer section 2.2 of this Plan

POLICIES

POL 75 ENVIRONMENTAL GUIDELINES - GROUNDWATER QUALITY

5.6.1 Other than in the productive aquifer systems in the Tukituki River catchment, to manage the effects of activities affecting the quality of groundwater in accordance with the environmental guidelines set out in Table 10.

Table 10. Environmental Guidelines – Groundwater Quality

Issue	Guideline
CONFINED, PRODUCTIVE AQUIFERS IN THE HERETAUNGA PLAINS ~~AND RUATANIWHA PLAINS~~ AQUIFER SYSTEMS (as shown in Schedule IV)
1. No degradation	There should be no degradation of existing water quality.
OTHER PRODUCTIVE AQUIFERS
1. Human consumption 2. Irrigation	The quality of groundwater should meet the “Drinking Water Quality Standards for New Zealand” (Ministry of Health, 1995) without treatment, or after treatment where this is necessary because of the natural water quality The quality of groundwater should meet the guidelines for irrigation water contained in the “Australian Water Quality Guidelines for Fresh and Marine Waters” (Australian and New Zealand Environment and Conservation Council, 1998) without treatment, or after filtration where this is necessary because of the natural water quality.

Explanation and Reasons

5.6.2 Policy 75 recognises the very high quality of groundwater in confined, productive aquifers in the Heretaunga Plains ~~and Ruataniwha Plains~~ aquifer systems, and the strategic importance of these groundwater resources to the region. It therefore establishes a regime of not allowing any degradation of the quality of these aquifers. Groundwater in the Tukituki River catchment (including the Ruataniwha Plains) is managed under chapter 5.9.

5.6.3 For other productive aquifers, the objectives and policies continue the approach established in the former Proposed Regional Water Resources Plan, of managing the water within these aquifers for the purposes of human consumption and irrigation. This may allow for some limited degradation of groundwater quality, provided the guidelines for human consumption and irrigation are met.

POL 76 IMPLEMENTATION OF ENVIRONMENTAL GUIDELINES – GROUNDWATER QUALITY

5.6.4 To implement the environmental guidelines for groundwater quality set out in Policy 75 predominantly in the following manner:

(a) Resource consents – The environmental guidelines will primarily be used in the process of making decisions on resource consents, in accordance with section 104 (1)(b) of the RMA.

(b) Regional rules – The environmental guidelines have also been incorporated in conditions, standards and terms in the rules set out in Chapter 6 of this Plan as appropriate.

And in accordance with the following approach:

(c) After reasonable mixing - The environmental guidelines will apply after reasonable mixing²⁰ of contaminants, and disregarding the effect of any natural perturbations that may affect the water body.

(d) Heretaunga ~~& Ruataniwha~~ Plains confined aquifers – To not permit any activity that is likely to cause any degradation of groundwater quality in confined productive aquifers in the Heretaunga Plains ~~and Ruataniwha Plains~~ aquifer systems. This means that activities involving the discharge of contaminants over the recharge areas will be regulated.

(e) Other productive aquifers with good water quality - For other productive aquifers where the existing groundwater quality is suitable for human consumption and irrigation (without treatment, or after filtration where this is necessary because of the natural water quality), to ensure that the groundwater quality remains within these guidelines.

(f) Other productive aquifers with poor water quality – Where existing water quality is poorer than the guidelines for “other productive aquifers”, the following approach will be adopted:

(i) Regulated activities – Where activities that are regulated by way of resource consents (e.g. discharges of contaminants onto land) are the predominant cause of poor water quality, improvements will be sought at the time of granting, review or renewal of consent while having regard to the following:

§ the extent to which the activity causes the poor water quality relative to other activities

§ for existing activities, the need to allow time to achieve the required improvements.

Where activities that are regulated by way of resource consents are not the predominant cause of degraded water quality, conditions will be imposed on such consents to avoid further degradation of water quality unless the HBRC is satisfied that:

§ exceptional circumstances justify allowing further degradation, or

§ in the case of discharges, the discharge is of a temporary nature, or is associated with necessary maintenance work.

(ii) Unregulated activities – Where activities that are unregulated are the predominant cause of poor water quality, non-regulatory methods (as set out in Chapter 4) will be used as the primary means for achieving an improvement in water quality, in particular the provision of education and co-ordination.

Where no improvement or where further degradation is evident over time as a result of unregulated activities, the HBRC will consider the need for regulation of these activities.

(g) Interconnections between aquifers and other water bodies – Aquifers (including unconfined, unproductive aquifers) that have hydraulic connections with other aquifers or surface water bodies will be managed in a manner which avoids a breach of the environmental guidelines for those other water bodies that are hydraulically connected.

Explanation and Reasons

5.6.5 Policy 76 sets out how the guidelines for groundwater quality will be implemented. It specifies that the guidelines have been applied through regional rules, and will be used in resource consent processes. It then sets out the manner in which the guidelines will be applied.

POL 76A DISCHARGE PERMITS – Matters for consideration in catchments other than the Tukituki River catchment

5.6.5A When considering any application for a discharge the consent authority must have regard to the following matters:

(a) the extent to which the discharge would avoid contamination that will have an adverse effect on the life-supporting capacity of fresh water including on any ecosystem associated with fresh water and

(b) the extent to which it is feasible and dependable that any more than minor adverse effect on fresh water, and on any ecosystem associated with fresh water, resulting from the discharge would be avoided.^{^[1]}

Explanation and Reasons

5.8.4B Policy 76A was inserted in accordance with the direction stated in Policy A4 of the National Policy Statement for Freshwater Management 2011. HBRC gave public notice of this amendment on 1 July 2011. The amendment came into effect from that date.

ANTICIPATED ENVIRONMENTAL RESULTS

Anticipated Environmental Result	Indicator	Data Source
No degradation of existing groundwater quality in confined productive aquifers	Nitrate levels Pesticides and herbicides	Ministry of Health Council SER monitoring
Groundwater quality in productive aquifers which meets the “Drinking Water Quality Standards for New Zealand” (MoH, 1995)	Nitrate levels Pesticides and herbicides	Ministry of Health Council SER monitoring
Groundwater quality in productive aquifers which meets irrigation guidelines contained in the “Australian Water Quality Guidelines for Fresh and Marine Waters” (Australian and NZ Environment and Conservation Council, 1998)	Nitrate levels Pesticides and herbicides	Ministry of Health Council SER monitoring

Chapter 5.6 as replaced

Attachment 2

Attachment 2: Replacement Chapter 5.6 for Tukituki Plan Change 6

5.6 Groundwater Quality

The provisions of Chapter 5.6 do not apply within the Tukituki River catchment.

OBJECTIVES

OBJ 42 No degradation of existing groundwater quality in aquifers in the Heretaunga Plains ~~and Ruataniwha Plains~~ aquifer systems.

OBJ 43 The maintenance or enhancement of groundwater quality in unconfined or semi-confined productive aquifers¹⁹ in order that it is suitable for human consumption and irrigation without treatment, or after treatment where this is necessary because of the natural water quality.

Refer section 2.2 of this Plan

POLICIES

POL 75 ENVIRONMENTAL GUIDELINES - GROUNDWATER QUALITY

Table 10. Environmental Guidelines – Groundwater Quality

Issue	Guideline
CONFINED, PRODUCTIVE AQUIFERS IN THE HERETAUNGA PLAINS ~~AND RUATANIWHA PLAINS~~ AQUIFER SYSTEMS (as shown in Schedule IV)
1. No degradation	There should be no degradation of existing water quality.
OTHER PRODUCTIVE AQUIFERS
1. Human consumption 2. Irrigation	The quality of groundwater should meet the “Drinking Water Quality Standards for New Zealand” (Ministry of Health, 1995) without treatment, or after treatment where this is necessary because of the natural water quality The quality of groundwater should meet the guidelines for irrigation water contained in the “Australian Water Quality Guidelines for Fresh and Marine Waters” (Australian and New Zealand Environment and Conservation Council, 1998) without treatment, or after filtration where this is necessary because of the natural water quality.

Explanation and Reasons

POL 76 IMPLEMENTATION OF ENVIRONMENTAL GUIDELINES – GROUNDWATER QUALITY

5.6.4 To implement the environmental guidelines for groundwater quality set out in Policy 75 predominantly in the following manner:

(a) Resource consents – The environmental guidelines will primarily be used in the process of making decisions on resource consents, in accordance with section 104 (1)(b) of the RMA.

(b) Regional rules – The environmental guidelines have also been incorporated in conditions, standards and terms in the rules set out in Chapter 6 of this Plan as appropriate.

And in accordance with the following approach:

(f) Other productive aquifers with poor water quality – Where existing water quality is poorer than the guidelines for “other productive aquifers”, the following approach will be adopted:

§ the extent to which the activity causes the poor water quality relative to other activities

§ for existing activities, the need to allow time to achieve the required improvements.

§ exceptional circumstances justify allowing further degradation, or

§ in the case of discharges, the discharge is of a temporary nature, or is associated with necessary maintenance work.

Where no improvement or where further degradation is evident over time as a result of unregulated activities, the HBRC will consider the need for regulation of these activities.

Explanation and Reasons

POL 76A DISCHARGE PERMITS – Matters for consideration in catchments other than the Tukituki River catchment

5.6.5A When considering any application for a discharge the consent authority must have regard to the following matters:

Explanation and Reasons

ANTICIPATED ENVIRONMENTAL RESULTS

Anticipated Environmental Result	Indicator	Data Source
No degradation of existing groundwater quality in confined productive aquifers	Nitrate levels Pesticides and herbicides	Ministry of Health Council SER monitoring
Groundwater quality in productive aquifers which meets the “Drinking Water Quality Standards for New Zealand” (MoH, 1995)	Nitrate levels Pesticides and herbicides	Ministry of Health Council SER monitoring
Groundwater quality in productive aquifers which meets irrigation guidelines contained in the “Australian Water Quality Guidelines for Fresh and Marine Waters” (Australian and NZ Environment and Conservation Council, 1998)	Nitrate levels Pesticides and herbicides	Ministry of Health Council SER monitoring

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 April 2013

SUBJECT: Proposal for an increase in Hawke's Bay Regional Investment Company (HBRIC Ltd) Directors’ Fees during the period while the Ruataniwha Water Storage Scheme (RWSS) is being implemented

Summary

1. This paper requests that Council:

1.1. Approves an increase in directors’ fees for HBRIC Ltd for the period from 1 January 2013 until financial and contractual close of the RWSS has been achieved;

1.2. Agrees that HBRIC Ltd directors fees will be externally reviewed and benchmarked to provide a basis for a revised fee level for the period after the RWSS has either been transferred to the implementing SPV, or otherwise terminated;

1.3. Agrees that, for the period from 1 January 2013 until financial and contractual close has been achieved, HBRIC Ltd directors fees be set at $37,500 per year and the Chairman’s fee at 1.75 times the director’s fee ($65,625); and

1.4. Reviews and reconsiders its policy regarding the payment of fees to Councillor directors to the effect that they are paid normal director’s fees in line with the practice in other Council-owned investment or holding companies that have Councillor directors.

Background

2. In December 2012, the formal transfer of the RWSS from Council to HBRIC Ltd was completed for the processes of: obtaining a resource consent; forming an investment vehicle with investors committed on a condition precedent basis; procuring a Design & Construct provider on terms acceptable to the investors; and achieving demand uptake to a level that ensures a viable project.

3. The transfer of these elements of the project has significantly increased both the workload and responsibilities carried by the HBRIC Ltd directors from 1 January 2013 onwards.

4. Additionally, as part of the raising of capital from farmers, the company is actively considering making Offer to the Public and issuing a Prospectus, thus the directors of HBRIC Ltd will be Promoters of the Offer, and possibly Issuers of the Securities (depending on the final structure of the SPV). This exposes directors (including the Councillor directors) to significant additional risks such as the possibility of large fines and even jail terms in the event that the Prospectus was subsequently found to be misleading.

5. The initial fee levels set for the company’s directors appropriately reflected the limited responsibilities during the period from incorporation until the transfer of the RWSS to the company. It is considered that those fee levels ($15,000 for external directors, $21,500 for the Chairman, and $0 for Councillor directors) are now inappropriately low for the workload and responsibilities required of the directors.

6. In February 2013 the company appointed two subject matter experts to its RWSS Committee to assist the governance of the RWSS, and, at Councils’ request, in March appointed a third subject matter expert to the Committee. These subject matter experts (who are committee members, not directors) are remunerated on a rate derived from a director’s fee of $37,500 per annum. Remuneration of this order was considered by the board to be necessary to attract the highest calibre of candidates to support governance of the RWSS.

7. The remuneration rate chosen was benchmarked against the directors’ fees for Enable Services Ltd, the Christchurch City Holdings Ltd (CCHL) subsidiary that is jointly investing with Crown Fibre Holdings Ltd in Enable Networks Ltd, the Local Fibre Company (LFC) that is implementing the government’s UFB programme in the greater Christchurch area (including Rolleston, Kaiapoi and Rangiora).

8. The LFC rollout by Enable is approximately $300 million in cost and involves an SPV/PPP/JV project vehicle with Crown Fibre Holdings Ltd. Thus that project is considered to be comparable in form, scale and complexity to the RWSS. The entity for which the director’s fees are being used as a benchmark is 100% owned by CCHL, and subject to CCHL’s policy on directors’ fees including a discount relative to private sector fee rates for comparable organisations.

9. The current situation in HBRIC Ltd is that 3 co-opted committee members are being paid at a rate corresponding to around $37,500/year; two external directors are being paid $15,000/year; the chairman is being paid $21,500/year and three Councillor directors are receiving no fees.

10. It seems desirable and appropriate to adjust the fees to a more equitable basis that also appropriately reflects the current responsibilities and workload of the board. There is also issue of whether Councillor directors should be paid fees. This is common practice in other Council-owned holding or investment companies that have Councillor directors (Attachment 1).

Basis for this recommendation

11. The directors’ fee rate used a basis for deriving the daily fee for subject matter experts was benchmarked against the 2012 directors’ fee rate for Enable Services Ltd, which is the CCHL subsidiary joint venturing with Crown Fiber Holdings Ltd in Enable Networks Ltd for the UFB rollout.

12. Christchurch City Holdings Ltd (CCHL) (the 100% shareholder in Enable Services Ltd) has a policy of paying directors’ fees in its subsidiaries that are discounted by 20% from private sector rates, to reflect the element of public service involved in publicly-owned businesses. CCHL also has a policy (similar to general commercial and SOE practice) of paying Chairman’s fees at 1.8 to 2 times the individual directors’ fee rate, and the Christchurch City Council follows a similar practice in regard to CCHL.

13. The directors’ fees for Enable Services Ltd are considered to be an appropriate benchmark for HBRIC Ltd directors’ fees while the company is implementing the current phase of the RWSS which is considered to be comparable in form, scale and complexity to the UFB implementation project in Christchurch.

14. On the basis proposed, the total directors’ and committee members’ fees for HBRIC Ltd would be $365,625 per year, for a period of 15 to 18 months at most (c. $550,000 over 18 months), which equates to less that 0.25% of the project investment, if incurred at that rate for an 18 month period, and around 5% of the project’s combined feasibility, legal and consenting costs.

15. When the RWSS is transferred to the SPV that will construct and build the infrastructure, the directors’ fee rate for HBRIC Ltd should be reviewed and revised (probably downward) to reflect the changed responsibilities and workload of the company and board.

Decision Making Process

16. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

16.1. The decision does not significantly alter the service provision or affect a strategic asset.

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

16.3. The decision does not fall within the definition of Council’s policy on significance.

16.4. The persons affected by this decision will be the persons appointed by this Council as Directors of HBRIC Ltd.

16.5. Options are not to revise the directors fees or to revise the fees to more reflect market rates.

16.6. The decision is not inconsistent with an existing policy or plan.

16.7. 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 directly with the community or others having an interest in the decision.

Recommendations

That Council :

2. Approves an increase in directors fees for HBRIC Ltd for the period from 1 January 2013 until financial and contractual close of the RWSS has been achieved;

3. Agrees that HBRIC Ltd directors’ fees will be externally reviewed and benchmarked to provide a basis for a revised fee level for the period after the RWSS has been transferred to the implementing SPV;

4. Agrees that for the period from 1 January 2013 until financial and contractual close has been achieved, HBRIC Ltd directors fees be set at $37,500 per year and the chairman’s fee at 1.75 times the directors fee i.e $65,625; and

5. Agrees to review and reconsider its policy regarding the payment of fees to Councillor directors to the effect that they are paid normal directors fees in line with the practice in many other Council-owned investment or holding companies.

Andy Pearce

Chairman

HBRIC Board of Directors

Paul Drury

Group Manager

Corporate Services

Attachment

1 View

Local Authority Holding/Investment Companies - Directors Fees

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 April 2013

SUBJECT: Annual Plan 2012-13 Progress Report for Nine Months ending 31 March, Including Reforecasting

Reason for Report

1. This Annual Plan Progress Report covers the first nine months of the 2012/13 financial year ending 30 June 2013. The report consists of:

1.1. Commentary on financial results to 31 March 2013, various financial reports (Attachment 1) as well as the results of the reforecasting exercise to year end.

1.2. Narrative reports of actual performance against performance targets contained within the published 2012/13 Annual Plan (Attachments 2-9).

Summary of Financial Position to 31 March 2013

2. The actual result covering the Hawke’s Bay Regional Council’s (HBRC) general funded operations for the first nine months of 2012-13 is a surplus of $746,947. This compares with the Annual Plan budget deficit of $704,490 and a reforecast deficit of $630,346 for the full year.

Comment on Financial Results for Nine Months to 31 March 2013

Groups of Activities

3. This report establishes that the net expenditure on groups of activities for the first nine months is 70% of forecast, as against an equal monthly pro-rata comparative of 75%. The comparative figure for the nine months to 31 March 2012 was 66%.

4. Strategic Planning shows a net expenditure of 86% of forecast. This is above forecast due to income to offset part of the expenditure on the Tukituki Plan change not being received from the Ministry of Primary Industries (MPI), and from section 36 charges.

5. Land Drainage and River Control shows a net expenditure of 51% of forecast which is behind the expected pro-rata percentage. A number of projects are still to be completed over the autumn months which will see the net expenditure increase. There is also a vacant Asset Engineer position which will be filled in the near future to assist in the completion of these projects.

6. Regional Resources shows a net expenditure of 63% of forecast which is running slightly behind the expected pro-rata percentage. This is mainly due to the timing of projects with increased costs expected as the projects progress especially in regards to consultancy and lab testing. Science project leaders advise that a large portion of time has been spent on the Tukituki choices project during the first quarter of the financial year but it is anticipated that the other science projects included in the budget will accelerate during the reminder of the year and if necessary carried forward for completion next year.

7. Regulation shows a net expenditure of 96% of forecast. Expenditure on regulation is close to budget at 67%, however billing for the compliance project is well below budget as the majority are billed at the end of the year.

8. Biosecurity shows a net expenditure of 70% which is close to the pro-rata percentage. Due to the timing of Biosecurity projects costs should continue to increase in the autumn months and then drop off again before year end.

9. Emergency Management shows a net expenditure of 17% of forecast. While the revenue for Emergency Management is within budget (as the revenue for this activity is generated from the Emergency Management rate), the expenditure on a pro-rata basis is very low.

9.1. Expenditure on the Hazard Assessment and HBRC response projects is $100,000 below pro-rata budget as these engineering projects have been slow to commence due to additional engineering time being required on the RWSS and Makara flood and drainage scheme. It is anticipated that expenditure on these hazard management projects will accelerate for the remaining months of the financial year.

9.2. Expenditure on Civil Defence Emergency Management (CDEM) is $270,000 below pro-rata budget. This is due to some large exercises still to be run such as fault line mapping, tsunami inundation mapping and CDEM group exercises. The timing of these projects are dependent on Crown Research institutes which will progress substantially later in the year and some will be carried forward for projects which are not run every year but are budgeted for on a yearly basis.

10. Transport shows a net expenditure of 37% of budget as against a pro-rata of 75%. This is due to lower than budgeted expenditure on the Regional Land Transport project which has a high component of general funding. The decrease in expenditure relates to reduced consultancy spent on the one network plan and stock effluent investigations. It is envisaged that these consultancies will not be required during the 2012/13 year, but may be required to be carried forward into the 2013/14 year if these studies are required by New Zealand Transport Authority.

11. Governance and Community Representation shows a net expenditure of 66% of budget. This is down on the pro-rata budget due to the Interest Group Liaison project receiving a grant of $72k to cover the expenses and honoraria of Maori representation on the Regional Planning Committee. It would appear that between $40k - $45k of this grant will not be spent during 2012/13 but will be carried forward into the 2013/14 year.

Operations Group

12. Operations Group reports a profit of $248,148 for the nine months to 31 March 2013. $166,000 of the surplus relates to HBRC activities that will be credited to the river control and flood protection schemes at the end of the financial year.

13. If these activities were excluded, the Operations Group result would be $82,608 which is 79% of the budgeted surplus.

Regional Income

14. Total regional income receipts represent 77% of forecast for the first nine months of the financial year, as against a pro-rata of 75%. The main issues in regional income are:

Investment Company

14.1. The returns budgeted to be received from investments in the Ruataniwha and Ngaruroro water investments will not be achieved for the 2012/13 year. The LTP budgeted for a minimum return of 6% on the advances to Hawke’s Bay Regional Investment Company Limited (HBRIC Ltd) for investment in the Ruataniwha and Ngaruroro projects. At its meeting on 31 October 2012 HBRC resolved that no interest would be paid on the advances required for phases 1 & 2 of the RWS project.

Other Investments

14.2. Napier leasehold land rental revenue has been budgeted in the Annual Plan at $935,000 for the six months ending 31 December 2012. It was assumed in the LTP that HBRC would have sold the Napier leasehold cash flows by 1 January 2013. As negotiations are still underway for the sale of these cash flows, the rental income from leasehold property will continue beyond the first six months of the 2013/14 financial year and has been reforecast to $1,772,000 for the 2012/13 year.

14.3. Interest on investment term deposits is tracking at 77% as against a reforecast pro-rata of 75%.

Other Activities

14.4. The Disaster reserve interest and dividends shows a large negative for the nine months. This is due to the increasing cost of commercial insurance cover for disaster damage being paid within the first three months of the financial year but being funded from dividend and interest from the Regional Disaster Damage reserve over the 12 month period.

General Funding for Capital Projects

15. The general funding requirement for capital projects is $173,590 or 55% of budget due to Targeted rates exceeding expenditure. Capital expenditure on flood and drainage schemes will accelerate in the remaining months of the financial year and loan repayments for sawfly remediation will be paid by year end.

Healthy Homes – Summary Activity Report

16. The programme is slightly ahead against re-forecasted annual targets, with a notable increase in clean heat grant numbers.

17. A reduction in the number and value of clean heat loans will be taken into account when any recommending changes to our programme which may be required as a result of EECA withdrawing their clean heat with effect from June 2013.

Volumes

Loan Type		9 Months to 31 March 2013
Loan Type	LTP Budget Volumes	Re-forecast Volumes	Pro Rata Re-forecast Volumes	Actual Volumes	Actual Over Re-forecast Target (75%)
Insulation Loans	600	700	525	528	83%
Clean Heat Loans	450	350	263	297	85%
Clean Heat Grants	300	800	600	612	77%
Totals	1,350	1,850	1,388	1,491	81%

Expenditure (excluding GST)

Loan Type		9 Months to 31 March 2013
Loan Type	LTP Budget $000	Re-forecast $000	Pro Rata Re-forecast $000	Actual $000	Actual Over Re-forecast Target (75%)
Insulation Loans	1,140	1,273	955	1,058	83%
Clean Heat Loans	1,255	911	683	773	85%
Clean Heat Grants	183	506	379	387	77%
Totals	2,578	2,689	2,017	2,218	82%

Non-recoverable Costs of Consent Appeals and Direct Referrals to the Environment Court

18. For the year to date costs for appeals and referrals to the Environment Court have amounted to $80,034. This includes staff time and external costs.

19. Three appeals have been finalised. The AFFCO consent order has been signed off by the Environment Court. The Twyford appeals have been withdrawn. The appeal against NCC wastewater outfall was settled at the Environment Court hearing on 6 December 2012.

20. Drafting of evidence has proceeded on the Mexted et al appeals. There was some possibility of a revised proposal being submitted which may have helped resolve the appeals. However these have not been advanced to date. A separate appeal was lodged with the High Court over the extent of the evidence provided by the appellants. This resolved that the evidence on coastal erosion was admissible and could be presented to the Environment Court hearing by the appellant. HBRC are looking to facilitate a caucusing of coastal process experts.

21. The following table summarises costs for appeals that were still ongoing at the start of this financial year. Costs to date for the 2012/13 year to date are shown in the shaded column. Costs for previous years are also shown and these are summed to provide a running total for each appeal.

Appeal Summary as at 31 March 2013
Name	Date Council Approved Appeal Defence	Estimate of Appeal costs as Advised to Council	Actual Costs of Appeal (Appropriate Years)				Comments
Name	Date Council Approved Appeal Defence	Estimate of Appeal costs as Advised to Council	2010/11	2011/12	2012/13 to date	Total to date	Comments
Twyford / Raupare (402109)	Wed 25 May 2011	Noted $150,000 on similar appeal	$22,506	$25,050 ext* $49,450	$3,182 ext $5,201	$77,157	The Appeal has been withdrawn. Council are working with Twyford groups to explore water management options.
AFFCO (402046)	Wed 23 Sept 2009	Not estimated	$81,321	$39,783 ext $46,307	$4,143 ext $4,820	$132,448	Appeal has now been settled
Mexted, Williams and Malherbe (402051)	Thurs 10 June 2010	Not estimated	$8,366	$38,513 ext $49,956	$24,234 ext $27,468	$85,790	Appeal ongoing - Environment Court scheduled and deferred. May be settled by consent order. HBRC facilitating expert caucusing.
NCC BTF Waste water outfall (402113)		Not estimated		$24,320 ext $28,043	$25,707 ext $31,089	$59,132	Appeal settled by agreement. Minor condition change approved by Environment Court.
Whakarire Ave Breakwater (514219)		Not estimated			$10,050 ext $11,456	$11,456	Declaration to the Environment Court to determine activity status of proposed activity. Decision pending.
*External costs				$127,666	$67,316		The sum to date for external legal and consulting advice
Total costs			$112,193	$173,756	$80,034	$365,983	Total includes internal staff time plus external costs.

Balance Sheet

22. Public Equity, which reflects the net value of all the HBRC’s assets and liabilities, has decreased by $771,000 or 0.2% since the beginning of the year. This includes the loss on sale of leasehold land of $2.1m, $2.9m received from HBRIC for the Napier Port interim dividend and Reserve Movements.

23. Property, plant and equipment have increased by $946,000 or 5.0% due to regular purchases of Motor Vehicles, Computer and Hydrology Assets and the transfer to the Raffles Street property from Investment.

24. Infrastructure assets have increased $5,356,000 or 4.0% from the beginning of the year. Substantial payments for infrastructure were made to capital projects for Healthy Homes ($2.1m), Cycleways ($0.4m) and Ruataniwha Water Scheme ($1.8m).

25. Intangible assets have decreased by $3,323,000 or 48.0% since the beginning of the year reflecting the transfer of feasibility costs of the RWSS to Advances to council-controlled organisations in the Balance Sheet.

26. Investment property has decreased by $14,114,000 or 21% since the beginning of the year reflecting the disposal of endowment leasehold land properties and the transfer of the Raffles Street property to Property Plant and Equipment.

27. Accounts receivables have decreased from the beginning of the year by $1,342,000 to a similar level to this time last year.

28. Advances to council-controlled organisations have increased $5,344,000 from the beginning of the year reflecting the transfer from Intangible assets of the RWSS feasibility costs of $3,550,000 and $1,790,000 for costs in relation to the next phase of the project.

29. Borrowings have decreased by $1,375,000 due to scheduled repayment of loans. No loan draw downs have occurred this year.

30. Trade and Other Payables have decreased since the beginning of the year by $3,081,000 as year end invoices have been paid and accruals have been reversed.

31. Income in advance shows significant movement of $3,467,000 due to the accrual of rate revenue in advance. Rates revenue will be recognised as income over the remaining three months of the 2012/13 financial year.

32. Total cash, cash equivalents and financial assets (summarised on the Financial Summary page) show an increase of $5,283,000 since the beginning of the year. This is due to strengthening operational cash flows from receipt in January 2013 of the Napier Port half year dividend and strengthening rates receipts as the due date for rates was 31 January 2013 and the continual sell down of Investment Property.

Cash Reserve Investments

33. The average rate of interest being earned on liquid investments is currently 4.13%. This rate is slightly lower than the rate assumed in the 2012/13 year of the LTP 4.15% for both short and long-term bank investments.

34. The pie chart in the attachment entitled “Allocation by Institution” shows the percentage of Council investments placed with various institutions. Council policy requires that no more than 25% of investments be placed with any non government–guaranteed institution of groups of associated institutions.

Regional Disaster Reserve

35. The return on total investments for the nine months ended 31 March 2013 is 5.67% (i.e. the percentage increase from i to ii below). This compares with 3.15% for the nine months ended 31 March 2012. This result reflects the positive conditions in both domestic and global equity markets over the past year, where over the last nine months to 31 March 2013, New Zealand equities held in the Regional Disaster fund have increased 12.5% and international equities 10%.

	($’000)
Market Value of Investments and Cash at 1 July 2012	3,475	i
Plus/(Less) realised gain/(loss) from sale of equities	0
Plus /(less) realised gain/(Loss) from sale of bonds	0
Plus/(Less) unrealised gain/(loss) in value of equities	118
Plus/(Less) unrealised gain/(loss) in value of bonds	(20)
Increase / (decrease) of cash into the fund	11
Market Value of Investments and Cash at 31 March 2013	3,584
Plus actual and accrued interest and dividends	88
Adjusted Market Value of Investments and Cash at 31 March 2013	3,672	ii

36. The components of the $3.584 million accumulated as the Regional Disaster Damage Reserve are:

Regional Disaster Reserve Components	Purchase Cost ($’000)	Market Value 31 Mar 2012 ($’000)	Market Value Percentage of Reserve	Percentage Ceiling
Equities:
Þ New Zealand Equities	394	465	13.0%	7.5% - 10.0%
Þ Overseas Equities	573	679	18.9%	20% - 22.5%
Total Equities	967	1,144	31.9%	30.0%
New Zealand Bonds	2,376	2,436	68.0%	-
Short Term Bank Deposits	4	4	0.1%	-
Total	3,347	3,584	100.00%	-

37. At its February 2013 meeting Council approved a contribution from the Regional Disaster Reserve of approximately $565,000 to assist with the costs of remedial works required in the Makara flood and drainage scheme. When this funding is required for the scheme, a combination of equities and bonds will need to be sold.

Reforecasting Exercise to 30 June 2013

Summary Reforecasting Position

38. Set out in the table below is the analysis of variances from the 2012-13 Annual Plan for the March 2013 reforecasting exercise.

Summary Comment

39. The above table shows the reforecast position and identifies variations from Annual Plan for groups of activities, regional income and capital projects, however the approach undertaken in this paper to cover the explanations behind these variations is to concentrate on major projects/pressures that give rise to reforecast changes, these projects covering a number of headings, both in groups of activities and in regional income.

40. The main challenge for the reforecasting exercise for the 2012/13 year has been the changes required to the Annual Plan budgets to take account of the complexity and pressure to deliver HBRC’s commitment to “Tukituki Choices” and the support required by this Council to enable HBRIC Ltd to deliver on the tight timeframes for the initial stages of the Ruataniwha Water Storage Scheme (RWSS).

Reforecasting Variances Due to the RWSS Project/HBRIC Ltd Administration

Item	$ 000	$ 000
Additional HBRC costs for external consultancy in relation to the delivery of Tukituki Choices, Tukituki consent changes and preliminary work on background papers for the Environmental Protection Agency (EPA) deliberations on consenting issues.	80 (Unfav)
Return on advances made by HBRC to HBRIC Ltd to cover the RWSS project: - At its meeting on 31 October 2012 Council resolved not to require a return on advances made to HBRIC Ltd, at least up to the finalisation of the EPA consenting process. The Annual Plan provided for a return on such advances.	302 (Unfav)
Reduced dividends from HBRIC Ltd: - Napier Port dividends are paid to HBRIC Ltd and then paid as a dividend to HBRC. It has been estimated that the dividends from HBRIC Ltd to HBRC will be $100,000 less than those estimated in the Annual Plan due to higher than budgeted operating expenses for HBRIC Ltd as well as a delay in the utilisation of forecast operating tax losses. The additional operating expenses relate to the recruitment and remuneration costs covering the appointment of three subject matter experts to provide support to HBRIC Ltd Board of directors. The utilisation of operating tax losses, which was budgeted at $50,000 in the Annual Plan, will now occur in the 2013/14 financial year.	100 (Unfav)
HBRC staff costs for water schemes (RWSS and Ngaruroro): - The Annual Plan provided for $360,000 to be transferred from HBRC operating budgets to water scheme capital projects. The amount of work involved in the RWSS project is greater than anticipated at the time of development of the Annual Plan and accordingly, as indicated to HBRC at its 12 December 2012 meeting, the need for additional staff time is required to be spent on the RWSS. The reforecast cost of staff time is $780,000 which is $420,000 more than was provided for in the Annual Plan for the two water scheme capital projects. - The effect of this additional expenditure is that HBRC’s operating account will be transferring an additional $420,000 in staff costs to a capital project, this project being funded from sources other than Council’s operating revenues.	420 (Fav)
Total		$62 (Unfav)

Other Movements in the Reforecasting Exercise

41. Both the cost centre and project budgets have been discussed with HBRC managers and a number of adjustments have been made to Annual Plan figures. The major adjustments are summarised below.

Group of Activity Expenditure Reductions
Item	$ 000	$ 000
Provision made in the Annual Plan for assisting with the costs of a programme of work between Massey University and HBRC. The budget provided was $90,000 and covered a full year of anticipated expenditure, however the programme did not get underway until during the financial year and it is estimated that only $60,000 will be spent in this current financial year.	30 (Fav)
Reduction in general overheads relating to provisioning for shared service initiatives ($50,000) and for provision of financial advisory services ($20,000). This expenditure will now not be incurred during 2012/13.	70 (Fav)
Delays in recruitment of staff and the reduction of staff hours for some employees to part time hours resulted in some savings.	100 (Fav)
The Annual Plan set aside a sum of $100,000 to provide funding for contingency expenditures. To date this fund has not been used and it is likely that no draw down will be made against this fund for the 2012/13 year.	100 (Fav)
Science staff time has been focused on science programmes to support the policy development for the Tukituki and Mohaka catchments and the Greater Heretaunga and Ahuriri Plan Change process rather than the policy development itself. Time has therefore been incurred against Science Projects rather than Strategic Planning requiring a transfer of budget to reflect this.	-
Total		300 (Fav)

Regional Income Adjustments
Item	$ 000
Napier leasehold land rentals/interest earned on investments: - The Annual Plan assumed that the residual cash flows remaining after Council’s initiative to sell down Napier leasehold land to lessees, would be sold to an investor, effective from 1 January 2013. This sell down is now timed to take place on 30 June 2013, the delay for the most part being due to the large number of lessees wishing to take advantage of Council’s discount on freeholding and the need to finalise that work before being in a position to determine what cash flows remained and were available for sale. - The Annual Plan therefore assumed that Napier leasehold rentals would be received for a six month period ending 30 December 2012 and that substantial additional interest earnings would be earned from the investment of the lump sum received from the investor for six months ending 30 June 2013. - Due to the delay in the sell down to an investor, the reforecast budget shows a full 12 months of Napier leasehold land rentals and a substantial reduction in interest earnings. As the leasehold portfolio earns an average of 3.1% and it was anticipated in the Annual Plan that bank deposits would earn 4%, the cost to the Annual Plan of this delay has been estimated at $200,000.	200 (Unfav)
Total	200 (Unfav)

Summary of Reforecast Adjustments

RWSS Project/HBRIC Ltd Administration

$62,000

Unfav

Other movements in reforecasting exercise:

- Groups of activity expenditure reductions

- Regional Income adjustments

$300,000

$200,000

Fav

Unfav

Net Position (Total)

$38,000

Fav

Capital

42. Funding for this Capital does not directly affect the requirements of General Funding.

43. The provision for the cost of remedial works on the building at 159 Dalton Street for the 2012/13 financial year has been reforecast to $975k from the $650k provided in the Annual Plan. This increase was approved by Council at its meeting on 20 February 2013. As at 31 March 2013 total costs for remedial work in the 2012/13 financial year totalled $204k. The work programme is expected to accelerate from April 2013.

44. Ruataniwha Water Storage Scheme

Expenditure on Ruataniwha Water Storage Scheme
	Year 2012/13
	Annual Plan ¹ $M	Revised ² October 2012 $M	Actual to 31 March 2013 $ M	Reforecast to 30 June 2013 $ M
Feasibility Study	-	3.55	3.56	3.56
Advances for additional phases	3.83	3.20	1.79	2.40
Total	3.83	6.75	5.35	5.96

Notes:

¹ The Annual Plan assumed that the feasibility costs would be transferred to HBRIC Ltd during the 2011/12 year.

²The paper to HBRC in October 2012 estimated that advances to HBRIC Ltd for RWSS for the 2013/14 year would be $2.1M. As part of its regular reporting to HBRC, HBRIC Ltd will cover off the justification for any change to this estimate.

Movements in Scheme Reserves

45. An important part of the reforecasting exercise is to establish the scheme account balances that are reforecast to the end of the year for each scheme as compared to the levels previously budgeted.

46. It is necessary to understand the reasons for any variances in order to appreciate the complete picture of Council’s operating position for the current financial year.

47. Scheme reserves should remain in funds otherwise schemes are directly subsidised by Council operations.

48. Movement in scheme balances is set out in the table below.

Reforecast Scheme Year End Balances as at 30 June 2013

Decision Making Process

49. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That Council receives the Annual Plan Progress Report for the first nine months of the 2012/13 financial year.

Manton Collings

Corporate Accountant

Paul Drury

Group Manager

Corporate Services

Attachment/s

1 View	Financial Reports for the Period ending 31 March 2013
2 View	Strategic Planning Group of Activities Summary
3 View	Land Drainage & River Control Group of Activities Summary
4 View	Regional Resources Group of Activities Summary
5 View	Regulation Group of Activities Summary
6 View	Biosecurity Group of Activities Summary
7 View	Emergency Management Group of Activities Summary
8 View	Transport Group of Activities Summary
9 View	Governance & Community Engagement Group of Activities Summary

Strategic Planning Group of Activities Summary

Attachment 2

GROUP OF ACTIVITY: STRATEGIC PLANNING

Service Levels and Performance Targets

Activity 1 – Economic Development

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

Regional Economic Development Strategy mission statement: “To make Hawke’s Bay the best location in which to visit, work, invest, live and grow”.

Comprehensive visitor strategy in place within an overall regional marketing plan.

2012-2014

Quarterly reporting to Council on key performance indicators.

HB Tourism Ltd (HBT) provides a quarterly report to Council. Overall results for Hawke’s Bay for the year ending December 2012 showed a flat result of -0.4% fewer guest nights when compared to the previous year. However guests nights were up 3.1% for the month of December.

Brand “Hawke’s Bay’ and tagline “Get me to Hawke’s Bay” continue to be used in all communication. Key focus over the summer months has been on the family market.

Approximately 1400 people attended F.A.W.C! Food and Wine Classic in November of which about 500 were from out of town Initial analysis indicates that approximately half a million dollars was spent in and around the region during this event.

Long term Regional Economic Development Strategy.

2012-2015

Annually review and progress the regional economic development strategy.

2016-22

Demonstrate tangible benefits from implementation of the regional economic development strategy.

Business Hawke’s Bay convened a reference group in August to prioritise regional economic development topics. Since then a steering group involving HBRC and key economic development practitioners has undertaken a refresh of the Regional Economic Development Strategy (REDS). This is expected to be released by May 2013.

Investment for research and development and business development.

2012-2022

At least $800,000 per annum achieved for Research and Development investment.

The Regional Business Partner programme has been extended for another 12 months to June 2014. To date from 1st July 2012 MSI Regional Partner has generated $2,447,780 in grant funding into Hawke’s Bay working with 40 businesses.

Sustainable regional growth.

2012-2015

Develop and initiate sustainable primary production programmes.

2016-22

Demonstrate value from ongoing implementation of programmes.

Work continues with the Pan Sector group. The most recent meeting was held on 23 January to discuss the implementation plan and land use conditions relating to nutrient and water management for the Ruataniwha catchment under an upgraded Plan Change. Members of the Pan Sector group will be actively involved with assisting drive uptake in water agreements for the Ruataniwha Water Storage scheme.

GROUP OF ACTIVITY: STRATEGIC PLANNING

Plan change for Natural Hazards publicly notified (July2013).

At all times there is a regional plan in force for the HB coastal marine area.

New Zealand Coastal Policy Statement (NZCPS) put into action in accordance with statutory requirements.

Service Levels and Performance Targets

Activity 2 – Strategy and Planning

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will help the community prepare for the future.

Number of Embracing Futures Thinking events held.

Each year

Host 3 Embracing Futures Thinking events.

No events held to date although a breakfast meeting was held as part of the Tukituki Choices engagement.

Trends review completed.

2013-14

Refresh the Trends and Environmental Scan analysis.

Not yet started

Agreement reached on Spatial Planning Framework.

2014-15

Reach agreement on regional and lower North Island spatial planning framework.

Not yet started, although informal discussions occur as part of the Heretaunga Plains Urban Development Strategy implementation.

HBRC will integrate land and water and biodiversity management to deliver environmental, economic, social and cultural outcomes.

Action plans and monitoring reports prepared for:

- Land and Water Management Strategy.

- National Policy Statement for Freshwater Management.

Each year

Prepare action plans and monitoring reports for:

1. Land and Water Management Strategy.

2. National Policy Statement for Freshwater Management

Hold a Land and Water Symposium to engage the wider community.

No reports prepared to date. Reporting will be linked to annual reporting of Council’s progressive implementation of the NPS for Freshwater Management. That progressive Implementation Programme was adopted by Council in September 2012.

Regional Biodiversity Strategy completed.

Develop a Regional Biodiversity Strategy as follows

2012- 13: Finalise scope of strategy and begin preparation of the draft.

2013-14: Consult on the draft and prepare final Strategy

2014-15: Prepare programme for work relevant to HBRC for inclusion in the next Long Term Plan.

Project scoping commenced and completed. Terms of Reference for both the Working and Steering groups have been adopted. Strategy vision and objectives have been drafted and discussed by the Steering Group. A review of strategy approaches has been completed and a preferred approach identified. Regional biodiversity inventory programme is underway with input from tangata whenua, key external agencies and stakeholders.

HBRC will establish and maintain clear and appropriate policy in a responsive and timely manner that will enable sustainable management of the region’s natural and physical resources.

Status of Resource Management Plans and Policy Statements.

No more than 2 years elapse from notification of a plan change to decisions on submissions being issued.

2012-13

Plan change for Tukituki River Catchment publicly notified (July 2012)

Plan change for Taharua /Upper Mohaka catchment publicly notified (Feb 2013)

Decisions on submissions on Plan Change 4 Built Environment adopted by Council.

2014-15

Plan change for Heretaunga Zone publicly notified (July 2014).

Change 5 to the Regional Policy Statement was publicly notified on 2 October. 29 submissions have been received on proposed Change 5. Hearings are due to he heard starting on 10 April 2013.

Stakeholder engagement on the Tukituki plan change and the Ruataniwha Water Storage project occurred via the Tukituki Choices discussion document in September. This set out 4 land and water management scenarios, with and without storage and the implications of those options. 3 public meetings and 2 breakfast meetings were held. 164 responses were received. Council endorsed key approaches for the development of the plan change at its October meeting. A draft plan change was endorsed by Council in December and was adopted in February along with the s32 evaluation summary report.

For Taharua / Mohaka, Council has supported, in-principle, the concept of a ‘catchment management plan’ being a key component of the Taharua plan change. The withdrawal of DCDs from the market has removed a significant mitigation options for the farmers in this catchment. A further update to the Environment and Services Committee is scheduled in June. As a consequence an extension of time by which to notify the plan change is signalled in the Annual Plan for 2013-14.

For wider Mohaka catchment, supporting science progressing, stakeholder engagement has commenced during the period.

Submissions on Change 4 were heard by a Hearing Panel on 7 December and Council’s decision on those submissions were released on 28 March 2013.

Stakeholder engagement process has commenced in relation to regional plan change for the Greater Heretaunga / Ahuriri catchment area with 5 meetings being held to date. This collaborative process is similar to that proposed in government’s freshwater reforms. An extension of time is also signalled for the plan change process associated with these catchments

2013-14

Regional Coastal Environment Plan

2012-13

Regional Coastal Environment Plan (RCEP):

· Settlement of appeals.

· Minister of Conservation approval of plan provisions relating to the coastal marine area.

· Variation 1 (Rivermouth Hazard Areas) – Decisions issued on submissions.

· Preliminary assessment of how RCEP gives effect to 2010 NZ Coastal Policy Statement.

2013-14

Scoping and prioritising of plan changes required to give effect to 2010NZCPS.

2014-15

Start review of coastal hazard zones if re-assessment (Project 322) necessary.

Notify plan change to give effect to 2010 NZCPS.

2015-16 to 2021-22

RCEP effectiveness reporting.

Rolling review of RCEP provisions.

All RCEP appeals have been settled without the need for formal Environment Court hearings. Council adopted the revised RCEP plus its associated Variations 1-3 on 31 October 2012 and has now referred the coastal marine area-related provisions of the RCEP to the Minister of Conservation for her approval. The RMA requires Ministerial approval of regional coastal plans before those plans can be made operative.

GROUP OF ACTIVITY: STRATEGIC PLANNING

Service Levels and Performance Targets

Activity 3 – Policy Implementation

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will promote integrated management by proactively communicating its policies and responsibilities through dialogue and submissions on district plans, consent applications and central government initiatives.

Lodging of submissions on district plans, district planning applications and central government initiatives where there are relevant regional council policies.

2012-22

Submissions made on district plans, district planning applications and central government initiatives reported to HBRC’s Environment and Services Committee.

Staff of HBRC and territorial local authorities to meet at least twice a year to discuss integration issues and steps to improve the regional and district plan are identified and acted upon.

Regular reports have been presented to Environment and Services Committee and Maori Committee on submissions/ comments made under Statutory Advocacy project.

Comments and submissions express the Regional Council’s interests in land use and resource management decisions being made by other councils and agencies.

Planning staff are engaged in discussions and reviewing early draft versions of Hastings District Council’s reviewed district plan intended for release as a draft in early April 2013.

Early 2013 has seen a flurry of resource management-related proposals from central government. These include the 2012 Resource Management Reform Bill, the proposals for resource management reform 2013 discussion document and the Freshwater Reform 2013 and beyond proposals.

A notable amount of staff time involvement continues regarding dealing with implementation issues arising from the NPS for Freshwater Management and re-drafting of the proposed NES for Plantation Forestry.

HBRC Policy staff convene “Hawke's Bay Council Planners’ Forum” comprising key resource management policy managers and advisors from each of the Hawke's Bay councils. The Forum has met once during the period. Principal focus of Forum’s discussion has been agreeing a process to implement Regional Natural Hazards and Land Use Planning Strategy. The Joint Strategy’s Implementation Plan was considered by CDEM Group CEG on 30 November 2012 and referred back to each of the Hawke's Bay councils.

HBRC will help communities without sewers improve the management of domestic wastewater.

Number of interest free loans approved.

Provide a fund to help the territorial authority-led upgrading of community wastewater systems in communities without sewers ($200,000pa contributions capped at $1,000,000)

Non-regulatory initiatives developed and implemented to complement regional plan policy development that implements National Policy Statements and/or National Environmental Standards.

No activity for the wastewater assistance fund to date.

Clean Heat programme is ongoing.

HBRC will investigate and manage contaminated sites to ensure public health and safety and environmental protection.

Number of top priority (Category 1) contaminated sites investigated

Maintain a database of potentially and confirmed contaminated sites

2012-22

To administer and maintain the database, including checking of record details, site visits to GPS areas of contamination, transfers to Territorial Local Authorities (TLA) as per agreed protocol and advising landowners of the contaminated sites status of their property.

Environmental Activities database completed and access given to Territorial Local Authorities to enable test runs of database. Meetings held with Hastings District and Napier City Councils to progress transfer of information protocols. Checking of information on database continues, with the emphasis currently being on transferring information from the Pattle Delamore Partners investigation reports on the residential sites over the former Onekawa landfill onto the database.

GROUP OF ACTIVITY: STRATEGIC PLANNING

Service Levels and Performance Targets

Activity 4 –State of the Environment Reporting

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will monitor and provide accurate information to the community so that it understands the State of the Environment (SOE) for Hawke’s Bay.

Data quality as assessed against HBRC’s quality assurance system.

Amount of State of the Environment monitoring data available through HBRC’s website.

2012-13

Apply for International Organisation for Standardisation (ISO) accreditation.

2012-22

Maintain the current level of SOE data on HBRC’s website.

Continue to make information from the following monitoring sites available through HBRC’s website:

· All telemetered river flow sites

· All telemetered rainfall sites

· All telemetered climate stations

· All data collected, processed, analysed and stored in accordance with ISO requirements.

· Maintain ISO accreditation.

The Environmental Science Section was accredited in terms of Joint Australian/New Zealand Standard ISO9001:2008 following a Stage 2 audit on 27 and 28 November 2012.

Existing levels of data availability have been maintained.

Telemetered river, rainfall and climate data are available through HBRC’s website as required.

Data were collected in compliance with ISO 9001:2008 and in conformance with the performance standards defined in the Environmental Science Quality Management System documentations.

ISO accreditation is currently awaited.

State of the Environment Monitoring Report.

2012-22

Annual Update State of the Environment Reports available by June each year.

2013-14

State of the Environment Monitoring Report available.

Preparation of the Annual update SoE report is currently on track.

Land Drainage & River Control Group of Activities Summary

Attachment 3

GROUP OF ACTIVITY: LAND DRAINAGE & RIVER CONTROL

Service Levels and Performance Targets

Activity 1a – Flood Protection & Drainage Schemes: Heretaunga Plains Scheme

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will maintain an effective flood control network that provides protection from frequent river flooding to communities and productive land within the Heretaunga Plains Scheme.

The level of protection in technical terms is to convey a flood discharge with a 1% probability of being exceeded in any one year (1%AEP) safely to the sea.

A full assessment of the capacity and integrity of flood control works is completed every twelve years by a chartered professional engineer with interim audits undertaken annually.

2012-15

Review of the current level of service (LOS) provided by the Heretaunga Plains Scheme to determine whether they are still appropriate or should be increased.

The report to Council in August 2011 outlined the economic analysis and options. Consultation with the public over the preferred option with cost implications was included in the LTP 2012-22.

There is 111.2 km of stopbank in the HP Scheme. Currently the design Level of Service (LOS) (1%AEP capacity) is provided.

There is 192.7 km of river berm edge protection. Current assessment is that the scheme is back to 100% effectiveness and is at no more than a low risk of failure.

The level of service will be reported as:

Kilometres and percentage of floodway that provide the design level of service.

2012-22

Tutaekuri, Ngaruroro & Lower Tukituki Audits: No change.

HBRC will maintain an effective drainage network that provides protection from frequent flooding from smaller watercourses to communities and productive land within the Heretaunga Plains Scheme.

A full assessment of the capacity and integrity of the drainage network within each drainage catchment is completed every twelve years by a chartered professional engineer with interim audits undertaken annually.

2013-14 and 2014-15

Review the current level of service provided by the scheme and determine new level of service measures and targets.

2015-onwards

To be defined by the level of service review.

The Level of Service (LOS) review for the drainage network is programmed to begin once the bulk of the review for the rivers is complete. This is unlikely to begin this year due to resourcing issues, and will be reprogrammed to commence in the 2013/14 financial year.

HBRC will protect and enhance the scheme’s riparian land and associated waterways administered by the Regional Council for public enjoyment and increased biodiversity.

The level of service will be reported as the length of scheme riparian land enhanced. (Each side of a waterway measured separately and includes new planting and inter-planting).

Tutaekuri; Tukituki; Ngaruroro

Ongoing

- 0.5km of riparian land enhanced a year (on average).

2012-13

- Complete Tutaekuri Ecological Management Plan and implement ecological management plans (EMP’s) on Heretaunga Plains Rivers.

This year’s planting programme will begin at the start of winter.

The Tutaekuri Ecological Management is substantially complete following field investigation. Implementation of EMP’s is ongoing. Gravel extractors are required to manage sites to allow for nesting birds, native planting ongoing.

GROUP OF ACTIVITY: LAND DRAINAGE & RIVER CONTROL

Service Levels and Performance Targets

Activity 1b – Flood Protection & Drainage Schemes: Upper Tukituki Scheme

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will maintain an effective flood control network that provides protection from frequent river flooding to communities and productive land within the Upper Tukituki Scheme.

The level of protection in technical terms is to convey a flood discharge with a 1% probability of being exceeded in any one year (1%AEP) safely to the sea.

A full assessment of the capacity and integrity of flood control works is completed every twelve years by a chartered professional engineer with interim audits undertaken annually.

Full Scheme Reviews:

Upper Tukituki: Start Date 2013/14; completion date 2014/15.

Waipawa: Start Date 2015/16; completion date 2015/17

Tukipo: Start Date 2017/18

Makaretu: Start Date 2018/19

Manga-o-nuku: Start Date 2019/20

Minor Streams: Start Date 2020/21

Annual maintenance of flood control scheme ongoing and managed through the annual contracts process.

Reviews not due to begin this financial year.

There is 76.8 km of stopbank in the Upper Tukituki Scheme. Currently 95% the current design LOS (1%AEP capacity) is provided.

Some reaches remain with reduced free board (distance between design flood level and the top of the stopbank) and they will be addressed in the LOS review.

There is 212.2 km of river berm edge protection. Current assessment is that 95% are at no more than a low risk of failure. The rivers in the Upper Tukituki Scheme suffer some flood damage from time to time or are under repair with young vegetation; hence the downgrading.

The level of service will be reported as:

Kilometres and percentage of floodway that provide the design level of service.

2022

Upper Tukituki Increasing to 98%.

2022

Waipawa increasing to 100%.

2015-16

River View Edge Risk: Review of the current level of service provided by the Scheme to determine whether they are still appropriate or should be increased.

HBRC will protect and enhance its scheme riparian land and associated waterways for public enjoyment and increased biodiversity.

The length of Scheme riparian land enhanced by inter-planting with alternative native and exotic species (each side of a waterway measured separately).

Ongoing

0.5km of riparian land enhanced a year (on average).

Planting is carried out later in the year in the winter.

GROUP OF ACTIVITY: LAND DRAINAGE & RIVER CONTROL

Service Levels and Performance Targets

Activity 1c – Flood Protection & Drainage Schemes: Other Schemes

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will maintain an effective flood control and drainage network that provides protection from frequent flooding to communities and productive land within designated Scheme areas. These Schemes include:

Makara Flood Control

Paeroa Drainage

Porangahau Flood Control

Ohuia – Whakaki Drainage

Esk River

Whirinaki Drainage

Maraetotara

Te Ngarue

Kopuawhara Flood Control

Poukawa Drainage

Kairakau (proposed)

Waimarama (proposed)

A full assessment of the capacity and integrity of flood control works is completed every twelve years by a chartered professional engineer with interim audits undertaken annually.

The level of service will be reported as:

Percentage of assets that provide the design level of service.

2012-15

Kairakau and Waimarama Flood Protection Schemes accepted by community and operation phase begun.

No change to other schemes.

2015-16 to 2022-23

Increase to 98%.

Current Levels of Service are being achieved across most the smaller schemes. Levels of Service vary across the schemes, depending on their purpose. Estimated to be operating at 95% or higher after allowing for periodic flood damage.

A sinkhole was discovered in the Makara No1 dam in May 2012. It is believed to have commenced forming during a flood in April 2011. Community consultation and repair solutions are being progressed.

Kopuawhara suffered damage in the April 2011 floods and significant repair work is required to bring the scheme back to pre-flood protection standard. Council agreed in November how this work would be funded. Further modelling work has been carried out but to date no affordable solution has been found.

The main Ohuia pump and pump station requires urgent replacement. Discussions with the Ohuia ratepayers are progressing.

A scheme is now in place for Kairakau.

A Waimarama scheme has yet to be discussed with the wider community.

Regional Resources Group of Activities Summary

Attachment 4

GROUP OF ACTIVITY: REGIONAL RESOURCES

Service Levels and Performance Targets

Activity 1 – Land Management

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

Viable and resilient farming systems are being achieved through sustainable land use.

Annually reporting on research project outputs and how they have contributed to sustainable land management outcomes.

Ongoing

· 2012-13 Develop a Research Strategy.

· Continue a programme of research and extension to investigate and field trial issues relevant to sustainable land management in Hawke’s Bay.

· Actively seek collaboration with primary product organisations undertaking research relevant to HB.

· Coastal Hill Country ‘Group Recovering from April Adverse Storm’ project initiated in collaboration with MPI.

· The Huatokitoki water harvesting, drainage project will be completed over the coming months. The novel crops have had limited success due to the initial weed control undertaken. The earthworm studies were presented on Rural delivery TV programme. There are four farmers in the catchment that have trials of anecic (deep burrowing) earthworms in areas on their properties. These will be monitored over the next 5 years.

· The development of a research strategy is on hold while staff engage time into the RWS and plan changes processes.

· Staff are in a conversation with a range of industry groups. One objective of these discussions is for more collaboration on research.

Outputs achieved through HBRC Regional Landcare Scheme.

Ongoing

Regional Landcare Scheme (RLS) reviewed outcomes to be implemented by June 2014.

Report in the operation plan how RLS activity directly contributes to sustainable land management.

Annual output targets delivered from the RLS investment to be established and implemented as part of the annual operating plan.

· Number of poles purchased ex the Nursery is 37,726 poles to 277 properties

· Soil conservation & environmental enhancement projects = 81

· Riparian strip projects = 29

· Wetland projects = 8

The following knowledge transfer community group work took place:

· Sustainable Land Use Alternatives – Huatokitoki Field trip

· Financial Resilience Workshop – Huatokitoki Group

· Community engagement process around Trees on Farms – 2 x farmer workshops

· Future forages systems field day (Part of East Coast Drylands Project - HBRC Sponsored) x 2 events

· Wairoa Hill Country Project – Ruakituri community group shade house school day

· Wairoa Hill Country project – Whakaki community group x 2 meetings

· Ballance farm awards – winner identified, award ceremony and field day held.

The operational plan will show the focus of Regional Landcare Scheme activity and alignment with the regional afforestation programme and the intensification of land use.

A portion of Regional Landcare Scheme subsidy will be targeted, and the level of subsidy varied, to encourage initiatives that more effectively respond to environmental change.

Area of erosion prone class VIe and VIIe hill country planted through the regional afforestation programme.

2012-13

· Regional afforestation programme will be finalised and promoted.

2013-14

· 500ha planted.

2014-15

· 1,500ha planted.

· The Regional afforestation programme is on hold until a decision is made in the 14/15 annual plan.

· High UMF manuka is being trialled at Tutira as a possible opportunity for steep erodible hill country land use. 55ha already planted, preparations underway for a further 45ha of planting by year end.

HBRC will increase its knowledge of the region’s land, soil and terrestrial habitats so it is aware of any current and likely future issues that may arise. This knowledge will allow for a timely and effective response that enables land sustainably for future generations.

Design and coordinate a land use monitoring programme that enables HBRC to identify and monitor the impacts of land use intensification on soil and water quality throughout the region.

2012-13

Develop and monitor indicators for plains soil erosion, riparian enhancements by June 2013

Erosion – Plans for measurement of sediment loads in selected rivers and erosion modelling of specific catchments is underway.

Riparian enhancement – working in conjunction with land management, a programme is under development to monitor water quality and biodiversity of new areas of riparian protection.

Regional baseline hill country erosion monitoring.

2012-13

Regional baseline hill country erosion survey to be completed by June 2012. Report completed by December 2012.

Plains erosion monitoring programme to begin by December 2013.

Erosion monitoring repeated (about every 5 years but contingent on any major regional storm event).

Indicators are being developed and monitored as follows.

Land use change – derived from latest GIS data and supported by ground proofing. This work is underway.

Farm inputs – supported by ‘overseer’ and consent data is underway. A comprehensive nutrient leaching model (including overseer outputs) has been developed for the Taharua catchment. Similar work for the Ruataniwha is under development.

Terrestrial habitats – An extensive aerial, ground and GIS survey of the Karamu and Tukituki catchments has been undertaken (draft reports received February 2012). This includes herpetofauna, avian and indigenous flora) and identifies areas of significance for resource management.

Integrated catchment management including staged computer modelling & monitoring of the:

Mohaka

Heretaunga

Tukituki

2012-15

Catchment models developed for Taharua and the entire Mohaka catchment.

2014-2016

Start modelling of Heretaunga catchments (initially investigating the Ngaruroro and Tutaekuri sub-catchments) to identify environmental issues

A nutrient model for Taharua has been completed by NIWA. This establishes a relationship between Nitrogen (N) losses from land and concentrations in stream. This model needs recalibration with more recent data, but this is currently on hold as the water storage project is demanding time input from the same people. A nutrient model for N and Phosphorous (P) in the Tukituki will be completed in 2013.

Hawke’s Bay’s land resource is maintained for future generations

Area of erosion prone land with tree cover

Baseline erosion monitoring

See Regional Afforestation Scheme

A combination of monitoring techniques are being investigated that can be used in conjunction with the ‘kiwi image’ satellite imagery. This has led to a baseline erosion monitoring report for the region.

GROUP OF ACTIVITY: REGIONAL RESOURCES

Service Levels and Performance Targets

Activity 2 – Air Management

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will have adequate knowledge about the level of air pollutants that may impact on public health and aesthetic values so that it can manage air quality for human health needs and aesthetic values.

State of the Environment monitoring programme for:

Air quality

Climate

2012-22

Monitoring undertaken in accordance with the Regional Air Quality Monitoring Strategy.

2012-22

Report on breaches of the National Environmental Standards in accordance with the standard.

Routine PM₁₀ monitoring is on track. Screening PM10 equipment has been deployed in Waipawa to determine the requirement for additional monitoring.

Public health notices were issued for 11 exceedances measured in the winter period.

Emissions Inventory and Airshed Modelling.

2011-12

Complete an airshed modelling update.

A project is underway to determine concentrations of NES contaminants in Napier and Hastings. This work is being done by an external contractor.

HBRC will provide financial assistance for those who qualify for insulation and clean heat support.

Number of clean heat systems installed under financial assistance programme.

2012-22

Up to 1,500 ‘clean heat’ systems installed under HBRC’s financial assistance programme a year.

2012-22

Provide loan assistance to homeowners region wide for home insulation under HBRC’s financial assistance programme.

The programme has delivered 909 clean heat packages up to 31 March 2013

582 financial assistance packages for insulation have been delivered up to 31 March 2013.

Hawke’s Bay’s air is suitable to breathe

Compliance with National Environmental Standard (NES) for Air Quality

Napier Airshed meets NES: No more than 1 exceedance by 2016

Hastings Airshed meets NES: No more than 3 exceedances by 2016 and no more that 1 exceedance by 2020.

No PM₁₀ exceedances were measured in Napier during winter 2012.

One PM₁₀ exceedance was reported for Awatoto during winter 2012.

Ten PM₁₀ exceedances were measured in the Hastings airshed during winter 2012.

Regional Resources Group of Activities Summary

Attachment 4

GROUP OF ACTIVITY: REGIONAL RESOURCES

HBRC will increase its knowledge in terms of potential regional water demand and availability and how it is valued so that it can strategically plan for regional economic, social, cultural and environmental benefits.

HBRC will encourage efficient and effective water use to maximise the benefits of the water allocated.

Implementation of water efficiency tools by Water User Groups.

Hawke’s Bay’s water resource is available for future generations

Implementation of National Policy Statement for Freshwater Management.

Service Levels and Performance Targets

Activity 3 – Water Management

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will increase its knowledge of the region’s water resources in terms of quantity, quality and habitats so that a policy framework can be developed to sustainably manage the water and land resources within Hawke’s Bay.

State of the Environment monitoring programme for:

Climate

River flows

Groundwater levels

Surface water quality

Groundwater water quality

Aquatic ecosystems

2012-15

Establish 1 climate station a year.

Monitoring undertaken in accordance with State of the Environment monitoring strategy (reviewed in 2012 to reflect national reporting and regional consistency).

· Upgrade rainfall sites.

· One climate station will have been established at Pukeorapa in June.

· Upgrade of rainfall sites has been scheduled and is underway.

· Routine monitoring programmes established for surface and groundwater quality, surface and coastal ecology, surface flows, groundwater levels, a selection of air quality and climate variables.

· Surface water quality sampling increased from quarterly to monthly sampling across the region.

· A soil quality monitoring program has also been implemented which assesses a range of land-use types on a rotational basis.

· These data are used for monthly, annual and five-yearly State of Environment reporting, as well as other resource management purposes.

· Manual data collection rainfall sites are being upgraded to telemetered sites as scheduled.

Knowledge available to inform environmental flow and allocable volume review of the following river catchments and groundwater basins:

Tukituki River; Ngaruroro River; Karamu Stream; Tutaekuri River; Ruataniwha Plains ; Heretaunga Plains.

2012-15

Groundwater Allocation report

· Ruataniwha Plains, Heretaunga Plains.

Environmental flow, and Allocation Reports for the:

Karamu Stream and Tutaekuri River

· Groundwater allocation was extensively investigated for the Ruataniwha Plains aquifer during 2012 to meet Tukituki Plan change requirements.

· A draft report that included assessment of environmental flows and groundwater allocation in the Karamu Stream catchment was completed during 2012.

· A draft report summarising surface and groundwater resource availability and demand was completed for the entire region during 2012.

Knowledge available to inform review of water quality objectives and setting limits.

2012-15

· Review of water quality guidelines and objectives completed and reported.

Water quality guidelines were investigated for the Tukituki River catchment as a component of the Tukituki Plan Change process. Technical investigation defined limits, targets and thresholds in terms of flows and concentrations of key water quality variables required to meet water quality objectives or values.

nowledge available to manage nutrient inputs to rivers.

2012-13

Report on Nutrient limits: Tukituki River, Mohaka River.

2012-15

· Report on Nutrient limits: Ngaruroro River, Tutaekuri.

· Water quality target, limit and guideline values were established for the Tukituki River catchment as a component of the Tukituki Plan Change process.

· Using State of Environment monitoring data and data derived from a series of longitudinal surveys, relationships between water quality variables and values were identified for the Mohaka River. These relationships will allow targets or limits to be established through a consultative process.

· Groundwater nitrate-N contributions to surface water in the Taharua River catchment are currently being investigated.

· Nutrient limitation and targeted investigations leading to the establishment of limits for the Ngaruroro and Tutaekuri rivers (and other TANK catchments) are currently underway.

Regional Water Values study.

2012-13

Regional Water Values study completed.

Values were identified following consultation with stakeholders in the Tukituki River catchment in 2012.

Consultation leading to identifying stakeholder values for the Tutaekuri, Ahuriri, Ngaruroro and Karamu catchments commenced in October 2012.

Number of active water user groups.

2012-22

Continue to establish and facilitate Water User Groups on a catchment priority basis.

In conjunction with Water User Groups, investigate and apply for research grants relating to water use and resource allocation efficiency.

Continue to transfer latest water efficiency and allocation information to Water User Groups.

Work undertaken with established water user groups, facilitating meetings, workshops and developing project scopes for research grant work.

Number of consent holders with water meters operating using telemetry or web/text systems.

2012-2013

Cumulative total of 677 consents using telemetry or a web entry system.

Complete verification procedures and establish verification programme.

2013-2014

Cumulative total of 1000 consents using telemetry or a web entry system.

2014-2019

Cumulative total of 1200 consents using telemetry or a web entry system.

2012-13 targets surpassed, 613 individual resource consents are now using Council’s web entry system to report their water use and a further 321 operating telemetry, total 934 consents using the system

Allocation limits and water quality limits.

Refer to other performance targets listed within this table.

RRMP amended to incorporate policies. Consents issued now give regard to these policies.

In September 2012 Council adopted and published its implementation programme to progressively implement the NPS for Freshwater Management by 2030.[NAH1]

GROUP OF ACTIVITY: REGIONAL RESOURCES

Service Levels and Performance Targets

Activity 4 – Coastal Management

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will measure water quality at key recreation sites and make the results available to ensure public health and safety

Recreational water quality monitoring programme and website management

Ongoing

Weekly monitoring of key recreational sites as per recreational water quality monitoring plan

Recreational water information available on website and social network site within 2 days of results being available

Identification of pollution sources for sites that regularly exceed guidelines.

The recreational water quality monitoring programme commenced in November 2012 and was successfully concluded in March 2013.

Recreational data was made available on the web as soon as technically feasible (generally within two working days).

Very limited repeat sampling was required during 2012/13 because of the low rainfall, absence of storm runoff and resulting excellent recreational water quality.

Simplified, more informative reporting processes are currently being developed.

HBRC will continue to monitor, research and investigate coastal processes to inform coastal planning including climate change and coastal hazards.

Annual coastal monitoring and investigation programme including:

Beach profiling

Storm monitoring

Sediment transport and processes investigation and modelling.

Hazard prediction including tsunami, inundation, erosion, storm surge

Ongoing

Annual monitoring and investigation programme completed and reported each year

3 monthly north and south surveys have been done. Annual HB series is scheduled for Dec/Jan.

The annual report is programmed to be completed by end of March 2013[i2] .[NAH3]

Service Levels and Performance Targets

Activity 4 – Coastal Management

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will provide long term, relevant and specific information on Hawke’s Bay’s coastal ecosystems, so that it and the community can remain engaged with, and informed of, the current state and potential threats to the health of coastal environments.

Identify the state and health of selected regional beaches, reefs and estuaries;

Identify the state and health of near-shore coastal waters and coastal sediments;

Maintain an operative and relevant Coastal Monitoring Strategy.

Ongoing

Monitoring undertaken in accordance with State of the Environment Monitoring Strategy (2006) and reported on annually.

The sandy beach monitoring programme was completed during November 2012.

Estuary sampling was completed in March 2013.

Quarterly reef monitoring is on schedule.

Coastal water quality monitoring has been extended to include northern Hawke Bay.

The coastal monitoring buoy was successfully deployed and is providing high quality data via telemetry.

HBRC will increase its knowledge of coastal ecosystems through targeted research and investigations so that it is better able to understand and respond to the effects of activities on the coastal environment.

Undertaking specific investigation and/or research, and reporting on these outcomes where appropriate

Targeted investigations into coastal receiving environments receiving stormwater discharges.

Saline transition zones in regional estuaries will be identified.

Sediment quality for the Inner Harbour was reported during August 2012.

Loggers were deployed in the Ahuriri Estuary during September 2012, in the Waitangi Estuary in November 2012, and in Tukituki and Waitangi Estuaries in 2013 to assess the extent of saline intrusion.

Assessment of sediment quality in the Waitangi Estuary is on track.

GROUP OF ACTIVITY: REGIONAL RESOURCES

Service Levels and Performance Targets

Activity 5 – Gravel Management

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

River-bed gravel is equitably allocated to gravel extractors.

The gravel allocation process complies with the Regional Resource Management Plan

Ongoing

No compliance issues with gravel extraction.

The gravel allocation process has complied with the RRMP and there are no compliance issues. The gravel allocation process for the 2013/14 year will occur from March to May 2013.

River gravel management activities have no significant adverse effects on river ecology and water quality.

No reported incidences of adverse impacts following gravel extraction or beach raking activities.

Ongoing

No reported incidences of adverse impacts following gravel extraction or beach raking activities.

Gravel extraction has been managed to avoid adverse impacts on the ecology. Ecology management plans (EMP’s) for the Ngaruroro have been developed and for the other major rivers are currently being developed to manage the ecology more effectively. Gravel extractors are aware of the requirements of the EMP.

Knowledge necessary for sustainable management of riverbed gravel is improved.

Completion of investigation and research work recommended in riverbed gravel scoping study.

Ongoing

Annual Programme of work completed.

Preliminary research work on sediment modelling has been carried out for the Ngaruroro River and work has started on the Tukituki.

GROUP OF ACTIVITY: REGIONAL RESOURCES

Service Levels and Performance Targets

Activity 6 – Open Spaces

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will provide public access to, and manage existing Council owned parks and wetlands for multi-purpose benefits.

Levels of service associated with all open space areas are set out in current management plans.

2012

Complete an open space vision and management plan and where appropriate further development programmes for all open space areas and facilities.

Ongoing

Implement management plans to deliver levels of service established.

Regional Park Network Plan for HBRC open space assets is being progressed. Objectives include developing a regional park framework that is consistent nationally and defines clear levels of service for parks delivery and maintenance provision (increasing opportunity for partnering & integration into initiatives such as nature central).

HBRC will actively look for opportunities to provide the public with opportunities to enjoy open space available within the region with opportunities assessed against the HBRC Open Space policy and evaluation criteria.

Open space policy and evaluation criteria.

Note $915,000 remaining in HBRC open space and community facilities to provide for opportunities.

Ongoing

Continue to assess affordable open space opportunities in accordance with the open space vision.

Action any opportunities approved by Council.

The annual contribution of $30,000 toward the operational costs for Te Mata Peak has been actioned.

Regulation Group of Activities Summary

Attachment 5

GROUP OF ACTIVITY: REGULATION

Service Levels and Performance Targets Activity 1 – Resource Consent Processing
Level of Service Statement	Level of Service Measure	Performance Targets	2012/13 Progress Report for 9 months to 31 March 2013
HBRC will ensure that accurate information about resource consent requirements and processes is readily available.	Application and submission guides are available in electronic and hard copy form.	2012-22 No verified reports of inaccurate information being given in relation to resource consent requirements. 2012-22 Electronic application and submission forms, application and submission guides are available through HBRC’s website.	No verified reports of inaccurate information in relation to resource consent requirements. Forms are available through the website and are updated as required
HBRC will process resource consent applications in a timely manner.	100% of resource consents processed within statutory timeframes set down in the Resource Management Act 1991.	2012-22 100% of resource consents processed within statutory timeframes.	361 resource consents issued. All within statutory timeframes. 256 resource consents currently in process

Service Levels and Performance Targets Activity 2 – Compliance Monitoring
Level of Service Statement		Level of Service Measure		Performance Targets		2012/13 Progress Report for 9 months to 31 March 2013
HBRC will check that consent holders comply with the resource consent conditions imposed to protect the environment.	Number of consents monitoring in accordance with the adopted compliance monitoring strategy.		2012-22 90% of programmed inspections/reports completed each year. 95% of monitored consents achieve an overall grading of full compliance.		Planned Inspections are down on previous years due to staff focus on low flows caused by drought and Water Measuring Device Regulation implementation. % of compliant consents is not calculated until year end.
HBRC will provide a 24 hr/7 day a week pollution response service for reporting environmental problems.	Duty management/Pollution Management response system.		2012-22 24 hour duty Management/pollution management response system maintained.		Target achieved with no downtime.

GROUP OF ACTIVITY: REGULATION

Service Levels and Performance Targets Activity 3 – Maritime Safety and Navigation
Level of Service Statement		Level of Service Measure		Performance Targets		2012/13 Progress Report for 9 months to 31 March 2013
HBRC will provide local navigation safety control of shipping and small craft movements to ensure the region’s navigable waters are safe for people to use.	The Navigation Safety Bylaws and Port and Harbour Safety Management System.		20012-22 Bylaws to be reviewed in 2016. Maintain a Maritime New Zealand accredited Safety Management System for the Napier Pilotage Area. Marine accidents and incidents are investigated and acted upon using education and enforcement as appropriate. Region wide risk assessment and review of current work programme with forward looking recommendations by 1 July 2013. Review community education effectiveness by 1 July 2013.		Safety Management System has been audited by MNZ. Audit passed with no corrective actions required. Incidents have been investigated with education and enforcement action used where appropriate. Region wide risk assessment unlikely to be completed due to unexpected long-term staff leave.

GROUP OF ACTIVITY: REGULATION

Service Levels and Performance Targets Activity 4 – Building Act Implementation
Level of Service Statement		Level of Service Measure		Performance Targets		2012/13 Progress Report for 9 months to 31 March 2013
Process Building Act consent applications within timeframes.	Contract with Waikato Regional Council to process dam consents on behalf of Hawke’s Bay Regional Council (HBRC).		2012-22 Maintain contract with Waikato Regional Council, for the processing of dam building consents.		Contract maintained.
Maintain an accurate Dam Register and help dam owners prepare dam safety assurance programmes in accordance with Building Act timeframes.	All known dams have been recorded on the Dam Register, and dam owners informed of Building Act requirements.		2012-22 100% of dams comply with regulation requirements that come into force in July 2012.		No action, regulations still not in force.
HBRC will investigate illegally built dams and will ensure that they are removed or made compliant.	An illegally built dam is made compliant or removed within six months of identification.		2012-22 100% of dams comply with regulations.		No illegal dams identified.

Biosecurity Group of Activities Summary

Attachment 6

GROUP OF ACTIVITY: BIOSECURITY

Routine plant pest inspections of areas infested with plants controlled under HBRC Regional Pest Management Strategy.

Service Levels and Performance Targets

Activity 1 – Regional Biosecurity Programme

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will develop and implement regional pest management strategies that improve biodiversity and economic prosperity.

Pest Management Strategies:

Maintain a current Regional Pest Management Strategy.

2016-2017

Review the current Regional Pest Management Strategy (RPMS) by 2017 unless required by legislation to undertake a review before that.

The Regional Pest Management Strategy (RPMS) and Regional Phytosanitary Pest Management Strategy have been reviewed with both strategies sealed by Council in March 2013.

A number of initiatives underway will inform the next review of the RPMS which will be required within eighteen months due to a review of the Biosecurity Act. These include a regional goat stakeholder working group, forming a regional biosecurity coordination forum and initiatives associated with identifying effective long term management strategies for argentine ants.

Undertake research and investigation to quantify and/or increase the economic, biodiversity or animal/human health benefits of pest control.

Ongoing

Undertake at least one research/investigation initiative annually.

There is one research project that is currently underway which is a grass forage trial. This trial is designed to establish the amount eaten by rabbits and the potential economic impacts on pastoral farming.

HBRC will provide effective pest management programmes that improve regional biodiversity and economic prosperity.

Regional Animal Pest Control and Bovine Tb Vector Control Programmes:

Hectares of rateable land kept at low possum numbers. Low possum numbers means no more than five possums caught per 100 traps set out at night.

2016-17

By 2016 all rateable land will be reduced to low possum numbers (total rateable land in Hawke’s Bay = 1,000,000ha).

Rateable land in transition from the Animal Health Board programme:

2012-13: 20,000ha

2013-14: 30,000ha

Rateable land in Possum Control Area (PCA) Programme:

June 2013: 490,000ha

June 2014: 534,000ha

Of the PCAs monitored, less than 10% of the monitoring lines exceed 5% trap catch.

There are currently 16,082 ha or 4 projects that will be included into PCA programme in the 12/13 financial year. These projects are Cross Hills (3,937), Eripiti (3,735), Mangaroa (3,620) & Pohora (4,790). All PCA projects are being carried out in the Wairoa District. At 30 June 2013 a total of 907,740 ha of rateable land is being kept at low possum numbers. This comprises 507,740ha’s of PCA’s and 400,000 ha of AHB vector control operations.

The number of active rook nests treated annually across the region.

Ongoing

Monitoring indicates a downward trend in active rook nest numbers in both areas (North and South of SH5).

Aerial rook control has been carried out and completed in all known rookeries across the region during the 2012 rook breeding season. 29 new rookeries where located across the region this year, 3 in the eradication zone and 26 in the control zone. A total of 95 active nests were aerial treated across the eradication zone north of SH5 compared with 90 in the 2011/2012 financial year.

A total of 686 active nests were aerial treated across the control zone south of SH5 compared with 657 in the 2011/2012 financial year.

Response time to rabbit complaints/enquiries.

Ongoing

An initial response is given within 5 working days of receipt of each rabbit related complaint/enquiry

16 rabbit enquires have been received and followed up with to date. All enquires have been responded to within 5 working days of receiving their initial call. Assistance was provided in the form of environmental topic’s, one on one advice, and where appropriate a demonstration on best use of either Pindone rabbit pellets or magtoxin, which is used for fumigating rabbit borrows.

McLean Scale four indicates that there are pockets of rabbits with signs and fresh burrows very noticeable. Two properties have had rabbit management plans prepared in 2012/13.

Responsiveness to properties identified with rabbit populations over McLean Scale 4.

Ongoing

A management plan is prepared within four months for each property identified with rabbit numbers above McLean Scale 4.

Plant Pest Control:

Ongoing

All known infestations of ‘occupier responsibility’ Total Control plant pest sites are visited annually.

All known ‘service delivery’ Total Control plant pest sites are visited annually and plants controlled.

All Privet sites identified through complaints controlled within 6 months of complaint.

The land around all known infestations of Total Control plants is inspected at least every 3 years.

All areas of high potential risk are visited annually and checked for possible new plant pest incursions.

1209 visits have been made this year on total control plant pest properties. Of these 519 were urban visits.

Total Control Service delivery visits and control undertaken on Spiny emex and White edged nightshade by Council officers. Control work has been completed by contractors for Nassella tussock.

The urban Privet programme continues to perform well with 251 properties having had Privet removed by the contractor or council staff.

Leaflets were distributed for Purple Ragwort in the Te Mata Peak area and for Blue passionflower in the Taradale and Clive area. Control for Blue passionflower has started. Inspections have been carried out on land around known infestations of total control plants, as time has allowed.

The Taradale sites were revisited in the Autumn. Inspections were carried out on land around known infestations of total control plants in years 1-3.

New infestations of Purple ragwort outside of Havelock North have been controlled. New Chilean needle grass sites have been monitored and controlled. All known high risk sites continue to be visited annually to check for possible plant pest incursions. A total of 37 earthmoving machines were inspected after being washed down.

Emergency Management Group of Activities Summary

Attachment 7

GROUP OF ACTIVITY: EMERGENCY MANAGEMENT

Service Levels and Performance Targets

Activity 1 – HB Civil Defence Emergency Management Group

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will reduce the impact of long term natural and man-made hazards to life and property, eliminating these risks if practicable, and if not seek the reduction of their impact.

Assessment of natural and manmade hazards will be completed for at risk areas in Hawke’s Bay.

2012/15

Review Hazardscape Assessment as part of the review of the HBCDEM Plan.

2012-22

Advocate to Territorial Authorities for the consideration and inclusion of hazard information as part of their land use planning functions

In conjunction with TAs, provide public advice on the impacts of hazards.

Complete changes to the Resource Management Act 1991 statutory plans that reflect the integrated approach of the Joint Hazard Strategy.

Hazardscape Assessment completed following Risk Assessment Workshop 23 July 2012 - determines priorities for significant CDEM Group risks. Results will be published in the Reduction Section of the new HBCDEM Group Plan to be approved by the Joint Committee.

On-line Hazard database has been maintained – a report on the on-going management of hazard information in the HB Region was presented to CEG in November 2012.

Advocacy continues & CEG have endorsed the “HB Joint Hazard Strategy for Local Authority Land-Use Planning” and a proposed implementation plan has been developed.

Number of hazards research projects commissioned each year.

2012-22

At least one new research project commissioned each year.

Faultline mapping is proposed for the Ruataniwha-Makaroro area in Central HB – GNS are to provide proposal.

Tsunami mapping work was to be completed by HBRC for CHB by June 2013. However MCDEM have advised they expect a change in the national model in the next couple of months and have recommended current regional modelling work be suspended.

Natural Hazards Platform has been approached to assist HB in an updated evaluation of liquefaction potential.

Percentage of surveyed residents that are aware of hazard risks & can identify earthquake, flooding, and tsunami as major hazards in Hawke’s Bay.

2012-22

Awareness of earthquake, flooding/heavy rainfall and tsunami hazard risks show an increase over time.

Specific target more than 50% of residents can identify tsunami as one of the region’s major hazards by 2018.

As measured in a 3 year survey.

The last regional survey in 2008 asked residents to identify hazard risks to their livelihood:

· 94% identified earthquake

· 60% identified flooding/heavy rain

· 34% identified tsunami

Survey planned in Sept 2011 was cancelled and the HBRC is currently reviewing future survey requirements.

Satisfaction of Territorial Authorities and professionals involved in land use planning decision making with the quality, format & relevance of hazard information supplied.

2012-22

All Territorial Authorities and planning professionals are satisfied with the quality, format and relevance of hazard information supplied/available as assessed by an evaluation and feedback form every 3 years.

A survey undertaken June 2011 resulted in 67% of the responders rating the quality of hazard information from the HBRC has excellent, very good or good, while 33% gave no response. 83% said the information was relevant. Next survey due 2014.

HBRC will maintain and where appropriate increase the readiness of Hawke’s Bay Civil Defence Emergency Management (HBCDEM) and the community to respond to a civil defence emergency.

HBRC response to a Civil Defence emergency is coordinated, appropriate, effective and efficient.

2012-13

Complete the Review of the HBCDEM Plan

Complete framework for Training Needs Analysis and Training Programme with partner organisations.

2012-22

Complete HBCDEM Group Training Directive.

Maintain three yearly exercise programmes.

Corrective Actions that the HBCDEM group has responsibility for are implemented in accordance with the Corrective Action Plan.

The review of the Group Plan has commenced. The Hazardscape review and risk analysis is complete. A draft of the strategic sections have been completed and agreed to in principle. A part time fixed term position to coordinate the review of the plan was filled in November 2012. Progress is being made on the activity sections of the plan. It is expected to complete the review and complete a final draft for consultation by August 2013.

The training directive will be completed post the Group Plan review.

The corrective actions plan for the recommendations of the CAR is being reviewed quarterly by the Coordinating Executives Group.

The level of support provided to the HBCDEM Group in directing and co-ordinating personnel and resources for response and recovery operations.

20012-13

Complete the review of the HBCDEM Plan.

2013-14

Completed welfare work plan.

Conduct induction training for incoming Joint Committee members post 2013 elections.

2012-22

An active Welfare Advisory Group which meets at least 4 times a year.

The review of the Group Welfare Plan will be conducted post the Group Plan review.

The Welfare Advisory Group is meeting at least quarterly and is making good progress in coordinating welfare planning and cooperation between different welfare agencies.

The percentage of surveyed residents prepared to cope for at least three days on their own.

2012-22

90% residents have enough food stored for three days and had some way of cooking without electricity.

75% have enough water stored.

As measured by three yearly survey.

Survey results in 2008 showed 96% had enough food stored, with 92% having some alternative way of cooking without electricity.

55% had enough water stored not including water in the hot water cylinders. Survey planned in Sept 2011 was cancelled and the HBRC is currently reviewing future survey requirements.

A National MCDEM survey in July 2011 showed 66% of NZers had taken steps to prepare themselves or their household, up from 44% the previous year.

HBRC will ensure that appropriate levels of response capabilities are in place and maintained across the Hawke’s Bay Civil Defence Emergency Management (HBCDEM) Group.

Established Emergency Management Plans including training and procedures.

2012-13

Continue to develop the capability of the Group Emergency Coordination Centre in Hastings.

Complete capacity review of existing Emergency Operations Centre facilities in HBCDEM Group.

2012-22

Maintain Plans and Standard Operating Procedures and ensure Group Emergency Coordination Centres can be ready for operation within 6 hrs of event.

Effectively and efficiently manage any emergency events from initial warning until a safe situation returns.

The GECC is equipped fully and operational.
Minor enhancements identified during training and testing are being implemented.

Reviews will occur in parallel with the implementation of the national Emergency Management Information System (EMIS).

Maintain the CDEM Group’s emergency management and civil defence capacity with the capability of effectively responding to an emergency event.

2012-22

Maintain established teams, training programmes, Emergency Operations Centre, Manuals, in accordance with HBCDEM Group Plan.

Contact List of trained team members are maintained.

Development of Training activities incorporating the new EMIS operating platform is currently being implemented with training across the Group underway.

HBRC will ensure the recovery from emergencies is managed in accordance with the scale of the event.

Facilitate and maintain Lifelines Group who have effective input into Civil Defence Emergency Management (CDEM) Group plans.

Dedicated CDEM Group Recovery Manager appointed.

A relevant CDEM Group Recovery Plan is adopted and maintained.

2012-13

Appoint Group Recovery Manager.

An active Lifelines Group which meets at least 4 times a year.

2014-13

Complete Group Recovery Plan.

Complete an engineering Lifelines work programme.

2012 – 2022

Partner Territorial Authorities have appointed local recovery managers.

A Group Recovery Manager has been appointed by the Joint Committee.

The HB Engineering Lifelines Group has appointed a new Chairman.

GROUP OF ACTIVITY: EMERGENCY MANAGEMENT

Service Levels and Performance Targets

Activity 2 – Hazard Assessment & Hawke’s Bay Regional Council Response

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will ensure it has an emergency response capability that can provide regional hazard assessments and warning systems to the Civil Defence Emergency Management (CDEM) Group and to manage Council assets.

Effectiveness of response capacity and capability.

Ongoing

Maintain established Teams, training programmes, Emergency Operations Centre, Manuals and Business Continuance Plan.

CDEM teams maintained, with RT & Call Centre training sessions held to date and 8 new staff inducted in the Council’s emergency requirements.

EOC’s and manuals maintained.

A biennial review of the BCP was commenced Nov 2012 with IT risks identified. Due to be completed by April 2013.

24hour duty management system is in place.

Ongoing

Operate an effective 24-hour Duty Management Service and respond to urgent public enquiries and complaints in a timely professional manner.

24 hour duty mgt response system maintained with 249 calls logged to date.

80 warnings or watches of severe weather or other hazardous events have been received YTD and have been effectively and efficiently managed including 3 volcanic eruptions, Tongariro 6/7 August & 21 Nov and White Island 8 Aug.

HBRC provide reliable warning of flooding from the region’s major rivers to at risk communities in the Wairoa, Tutaekuri, Ngaruroro and Tukituki areas.

Percentage of time that priority telemetered rainfall and river level sites are operational throughout the year.

Priority sites: 98%

Overall: 92%

Percentage of time that priority telemetered rainfall and river level sites are operational throughout the year:

2012-19: 98% average for all key sites

99.66% on key sites

99.71% overall

A flood forecasting system is available on the web to advise the community on likely rainfall and flooding.

Percentage of the region at risk of flooding from large rivers, covered by a flood forecasting model.

Percentage of the region covered by a flood forecasting model

2014-15: 70%

2021-22: 100%

The Ngaruroro, Tukituki and Tutaekuri rivers make up the central and southern flood forecasting model. In the North the Wairoa River catchment is covered by a flood forecast model. To date 70% of the region is covered with a model.

Ongoing

No decrease in model performance.

Verification work is carried out when there is a flood event to improve the models.

Information available on HBRC’s website during storm events.

Ongoing

No change

Currently information on the Council web is available for larger flood events.

Peak flood forecast river flows agree within 25% of the actual flows.

Ongoing

No decrease in performance.

Apart from providing flooding potential advice to Wairoa, no significant events occurred during the period.

HBRC will continue to improve its knowledge and understanding of flood risks from the areas exposed to severe weather events and the effects of runoff onto low lying land and into the network of drains, streams and rivers of the region.

Percentage of area mapped for flood hazard, including the impact of climate change.

2014-15: 100%

To update flood hazard information for high risk communities.

2021-22: 100%

Up to date flood hazard information available for lower risk communities.

97% of the high risk communities have been mapped (excluding climate change effects).

20% of the low risk communities have been mapped (excluding climate change effects).

HBRC will to respond to oil spills within the Hawke’s Bay Coastal Marine boundary and maintain a Tier 2 oil spill response plan which identifies priority areas in HB for protection in the event of a major spill.

Current Tier 2 Oil Spill Plan is in place and training is being implemented.

Operative Marine Oil Spill Plan is maintained, along with trained personnel.

The current operative plan dated Aug 2010 has been maintained and is available on-line and 2 staff attended MNZ Regional Responder training.

2 oil spills incidents have been responded on 7 Sept and 21 Nov 2012. The Sept spill was significant – the largest diesel spill response in HB to date. The Team were commended for their efforts with both responses managed so environmental impacts were minimised.

Oil Spill exercise on boom deployment held at PONL on 29 November 2012.

Transport Group of Activities Summary

Attachment 8

GROUP OF ACTIVITY: TRANSPORT

Service Levels and Performance Targets

Activity 1 – Regional Road Safety

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will engage, co-ordinate and implement sustainable regional road safety initiatives so that Hawke’s Bay roads and pathways are safe and accessible, and that the emotional and financial costs of road traffic crashes are reduced.

Effectively implement Regional Safety Action Plans with the relevant objectives of the Regional Land Transport Strategy; Safer Journeys 2020; and the New Zealand Injury Prevention Strategy.

2012-22

Regional Safety Action Plans for Wairoa, Napier, Hastings, and Central Hawke’s Bay will be reviewed quarterly with a focus on key issues to be addressed.

Road safety programmes are implemented to reduce the incidence and severity of road traffic crashes and to align with the key outcomes and issues in the RoadSafe Strategic Plan.

2012-22

Key road safety partners have attended the scheduled Road Safety Action Plan meetings, including ACC, Police, Hawke’s Bay District Health Board, New Zealand Transport Agency and traffic safety engineers. Completion /or non-completion of activities are reviewed and the following three months activities discussed.

Implementation of key road safety priorities are on track for delivery to date. The RoadSafe team have a scheduled meeting to review all work plans in March 2013.

Service Levels and Performance Targets

Activity 2 – Regional Land Transport Strategy

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

Through the region’s transport strategy HBRC will promote improved integration of all transport modes, land use and efficient movement of freight.

Approved Regional Land Transport Strategy in place.

2012-13

Complete review of Regional Land Transport Strategy (RLTS) by July 2012.

Implement and report on current RLTS as required by statute.

2012-13

The Regional Land Transport Strategy for 2012-2042 (RLTS) was adopted in June 2012.

RLTS is monitored by the Transport Advisory Group and regular reports are provided to the Regional Transport Committee.

Three yearly Regional Land Transport Programme approved.

2012-15

Implement and report on Regional Land Transport Programme 2012-15 as required by statute.

2015-18

Regional Land Transport Programme submitted to New Zealand Transport Agency by July 2015, following public consultation.

2012-15

The Regional Land Transport Programme is monitored by the Transport Advisory Group and regular reports are provided to the Regional Transport Committee.

GROUP OF ACTIVITY: TRANSPORT

Service Levels and Performance Targets

Activity 3 – Subsidised Passenger Transport

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will provide an accessible bus service and appropriate service infrastructure within and between the Napier, Hastings and Havelock North urban areas that will be expanded to meet the increasing need for public transport for the people of Hawke’s Bay.

In accordance with Regional Land Transport Strategy.

2012-15

Build on the improvements made over the last 3 years and ensure current levels of services are maintained and target any increase in funding towards improving existing services.

2012-15

Improvements on Route 20 (Flaxmere services) were introduced in October to address overloading issues.

Improvements to Route 17 (Parkvale, Akina services) were introduced in November to provide an expanded service on this route.

No further improvements are planned for 2012/13 unless funding becomes available.

Continue improving signage, infrastructure and information at all bus stops.

2012-13

Implement bus-stop service level standards (as outlined in Regional Public Transport Plan).

2012-15

Install four additional bus shelters each year (two in Hastings and two in Napier).

2012-13

In consultation with Napier City and Hastings District Councils appropriate signage and infrastructure at bus stops have been installed in Hastings and Napier. This continues to be a key focus through both cities. Unique bus stop signage is due to be rolled out in mid 2013 commencing in Flaxmere, Hastings.

2012-15

Four additional bus shelters are installed each year (two in Hastings and two in Napier).

Where bus routes exist, at least 90% of residences and businesses are in the following walking distances of a bus stop:

500m: normal conditions

600m: low density/outer areas.

2012-15

Increase the number of bus stops in Hastings and Napier to meet the measure by 100%.

2012-15

Where appropriate, and in consultation with Napier City Council and Hastings District Council, additional bus stops are installed.

Changes in technology to be utilised to provide a better service.

2012-13

Investigate a text-to-bus service.

Investigate online top-ups for smartcards.

2012-13

A text-to-bus service has been investigated, due to cost and limitations of this service it is not proposed to implement this at this stage. Other options will continue to be looked at.

Due to limitations of the current electronic ticketing system online top-ups are not yet available.

Fare payment systems are to be simple to understand; reviewed regularly and accurately record passenger trip information.

Fare levels will be reviewed annually.

2012-13

An in-depth review of fares and fare structure to be undertaken.

2013-19

Fare reviews to be undertaken annually.

2012-13

An in-depth review of fares and the fare structure will be undertaken in mid 2013.

Integration with other modes.

Improve integration between public transport and walking and cycling.

2012-13

Investigate installation of bike racks on buses and all options to carry bikes on buses.

2012-15

Investigate installation of secure bike racks at major bus stops.

2012-13

Bike racks were installed on 14 buses on Council’s main routes in August 2012.

2012-15

Secure bike racks were installed during 2012 at Havelock North and Hastings main bus stops. Napier City Council installed a secure bike facility at the main bus stop in Napier.

Continue to provide and deliver the Total Mobility scheme in Napier, Hastings and Waipukurau for those unable to use public transport due to serious mobility constraints.

Membership is increased and service delivered in accordance with New Zealand Transport Authority guidelines.

2012-15

Increase by at least 5% a year.

2012-15

Membership increased to 9% as at March 2013 compared to July 2012.

Governance & Community Engagement Group of Activities Summary

Attachment 9

GROUP OF ACTIVITY: GOVERNANCE AND COMMUNITY ENGAGEMENT

Service Levels and Performance Targets

Activity 1 – Community Partnerships

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will engage in strategic relationships that help better achieve its vision and purposes.

Formalisation of strategic alliances that are sector and institutionally-based.

2012-15

Create a bi-annual forum of primary production sector associations.

Determine shared services opportunities with Hawke’s Bay Councils and wider regional sector allies.

2016-22

HBRC continues to work in partnership with strategic allies to progress strategic goals.

Pan-sector group of primary production sector agencies meets 3-4 times per year. This is coordinated by the Land Management Team and is focussed on sustainable land use and mitigation of land use effects on water quality.

Initial documentation developed for establishment of HB Local Authority Shared Services company. Council approval for appointment of a Director from HBRC given in December 2012.

“Nature Central” wider regional sector initiative -scope of the partnership has been agreed and work is underway on implementation through relevant work programmes

HBRC will work in partnership with treaty claimant groups to govern natural resources and to jointly explore sustainable economic opportunities in Hawke’s Bay.

Regional Planning Committee operating successfully.

2012-15

Regional Planning Committee permanently established.

Draft legislation to establish the committee permanently is being considered by Regional Planning Committee members, in the expectation that it will be included as an attachment to the Treaty settlement legislation for Maungaharuru-Tangitu Iwi Inc in May 2013.

HBRC will contribute to support the development of Regional Public Infrastructure projects.

Evaluation of Regional Public Infrastructure projects and which to support.

2012-22

Assess projects to be funded under HBRC’s Community Facilities Fund as follows:

· Projects proposed by Hastings District Council up to the value of $2.5m.

· Projects proposed by Wairoa District Council up to the value of $500,000.

Council approval has been given for funding of $500,000 to both the Wairoa Community Centre upgrade (WDC) and the Te Mata Visitor and Education Centre in Hastings district. A further $2M is earmarked for regional hockey facilities subject to an agreed plan for hockey facilities from all parties.

GROUP OF ACTIVITY: GOVERNANCE AND COMMUNITY ENGAGEMENT

Service Levels and Performance Targets Activity 2 – Community Engagement & Communications
Level of Service Statement	Level of Service Measure	Performance Targets	2012/13 Progress Report for 9 months to 31 March 2013
HBRC will communicate its purpose and direction to the community. The community will know what it is being done and why.	On-time delivery of Annual Plan, plan change, State of the Environment and statutory documents.	2012-15 Long Term Plan, State of the Environment, Annual Report, Tukituki Plan change.	2012-22 Long Term Plan, Tukituki Choices, Our Place (including special Tukituki Choices edition) and SOE Report have been delivered on time, in print and electronic formats.
	Councillors, Executive and staff available to speak/inform on HBRC activities.	2012-15 Measure number of interactions.	Supported HBRC community engagement for Tukituki Choices, Ruataniwha Water Storage, Wineries Ride launch, with presence at CHB Show and HB Home & Garden Show.
	Number of media releases generated; uptake of digital technologies.	2012-15 90 Releases; Number of social media posts.	104 HBRC releases up to 31 March 2013. Active use of HBRC’s refreshed website, social media, video and images, including digital portals i.e. Giggle TV.
	Regional newsprint media coverage averages > 90% positive/neutral.	2012-15 Not less than 95% average	Media coverage at 97.25% positive/neutral from July 2012 – February 2013.
HBRC will provide opportunities for the community to be involved in its decision making processes. Community engagement will be a key component of all major programmes and projects.	Number of council meetings and workshops.	2012-15 Open reporting of Council/Committee items.	Thirty-five Council and Committee meetings held in reporting period. Of these, 9 meetings had a public-excluded component, covering a combined total of 8 topics.
	Clearly flagged opportunities for input, submissions and other feedback into HBRC documents.	2012-15 Refresh and maintain annual HBRC Communications Plan	Continuous improvement is an element of all communications strategy and individual communications plans are prepared around projects and activities.
	Number of public meetings, workshops and public events (includes awards and field days).	2012-15 Meetings, workshops & events strongly considered for major projects and in HBRC’s statutory role	Tukituki Choices: 6 well-attended public events. 164 public comments received which were loaded to Council website.
HBRC will provide information that is relevant to the community and communities of interest. Information will be audience appropriate.	Delivery of updates on HBRC activities and progress.	2012-15 Generate region, community and consent holder/ catchment newsletters	Generated newsletters to Tutira, CHB and Wairoa, plus Leaders Briefing, “In the Zone” (water management), HuB (biodiversity) and Step Out (education).
	Facilitation of agreed stakeholder groups.	2012-15 Audit number of groups	Yet to be undertaken
	Timely delivery information to communities of interest.	2012-15 Appropriate ‘tool’ selected according to programme needs	Monthly meetings held i.e. RWSP Stakeholder Group, Water user Groups, Pan-sector Group.

GROUP OF ACTIVITY: GOVERNANCE AND COMMUNITY ENGAGEMENT

Service Levels and Performance Targets

Activity 3 – Response to Climate Change

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will increase the community’s resilience to climate change

HBRC’s corporate total annual Greenhouse Gas emissions measure in carbon dioxide equivalents (excluding Port of Napier Ltd)

2012-22

Reduce corporate (excluding Port of Napier Ltd) carbon emissions from 2005/06 by:

· 10% by 2014

· 20% by 2020

· 30% by 2050

An assessment will be done and reported on at the end of the financial year.

Number of sectors through which HBRC promotes/influences reduction in carbon emissions and adaptation to climate change

2012

Establish a process to monitor and report regional carbon emissions with the first report completed by 30 June 2012

Funding for conversion of 100 dwellings to solar hot water.

2013-19

Continue to increase HBRC’s influence in initiatives to improve regional resilience to the impacts of climate change.

Continue to update and report regional carbon emissions at least every 3 years.

2013-17

Funding for conversion of 200 dwellings in Year 2; and 300 dwellings per annum in Years 3-5.

Establish a process to monitor and report on regional carbon emissions

Proactively seek initiatives through which HBRC is able to influence or promote a reduction in regional carbon emissions

Proactively seek opportunities to make investments that provide a satisfactory return and result in sustainable use of the region’s resources for HBRC’s investment portfolio.

Establish appropriate financial procedures for the repayment of loans through voluntary targeted rates.

GROUP OF ACTIVITY: GOVERNANCE AND COMMUNITY ENGAGEMENT

Service Levels and Performance Targets Activity 4 – Community Representation & Regional Leadership
Level of Service Statement	Level of Service Measure	Performance Targets	2012/13 Progress Report for 9 months to 31 March 2013
HBRC will provide the community with a channel for representation through elected members and Iwi to enable access and influence on decision making.	Councillors’ attendance at monthly Council and Committee meetings achieving at least 90% attendance of elected and appointed members.	2012-22 Attendance rate of 90%.	Council held 12 meetings over this period, with attendance rate of 88%. 23 meetings of other Committees were held during this period with attendance rate of 87%.
	Attendance at Maori Committee meetings.	2012-22 Attendance rate of 80%	The Maori Committee has held 4 meetings to date with an attendance rate of 89%.
	10 Year Plan/Annual Plan consultation during April and May with the final Plan being adopted by HBRC by 30 June.	2012-22 Consultation and submission period of at least 30 days.	Draft Annual Plan for 2013/14 adopted by Council 20 March 2013, for consultation period commencing 3 April 2013.
	Comply with the provisions of the Local Electoral Act 2001.	2012-22 Determine the appropriate representation for the region. Elections to be held every three years. The next election is in October 2013.	LGC Determination of HB Representation Arrangements to apply for the 2013 Elections due by 11 April 2013.
HBRC will aim to maximise Local Government effectiveness and efficiency.	Facilitate and report on Local Government efficiencies achieved.	2012-22 Complete a review, in consultation with territorial authorities within the region, which will cover: Opportunities for inter-regional and central government collaboration. How the Hawke’s Bay economy might be further diversified and made more resilient. The role of Local Government in Hawke’s Bay in enabling socioeconomic development, and the effectiveness of Local Government structures including planning and compliance frameworks are to be studied.	The Study on Improving the Social and Economic Performance of Hawke’s Bay was initiated in April 2012 with the appointment of McGredy Winder & Co. The Terms of Reference called for two phases of work. The first phase was completed in August 2012 and comprises: · Analysis of historic and current economic and social performance of the region, the trends in these areas and what they mean for HB. · An analysis of current policies, priorities, interventions, legislative requirements and structural settings in or affecting Hawke's Bay and any apparent gaps, inconsistencies or policy clashes. · An identification and analysis of significant inhibitors to prosperity that affect Hawke's Bay. · How the Hawke’s Bay economy might be further diversified and made more resilient Phase 2, which will evaluate the changes, initiatives and priorities identified in Phase 1, is currently underway.

GROUP OF ACTIVITY: GOVERNANCE AND COMMUNITY ENGAGEMENT

Service Levels and Performance Targets

Activity 5 – Investment Company Support

Level of Service Statement

Level of Service Measure

Performance Targets

2012/13 Progress Report

for 9 months to 31 March 2013

HBRC will provide support services to the Investment Company and to any associated subsidiaries of the Investment Company.

A number of Board meetings to be supported by HBRC staff.

2012-22

Provide support for the Board meetings of the Investment Company and subsidiaries.

Finance, administration and Executive level support have been provided for the Board Meetings and committees.

9 April 2013 Local Government Commission Determination for HBRC

Attachment 1

LOCAL GOVERNMENT COMMISSION

MANA KĀWANATANGA Ā ROHE

Determination

of representation arrangements to apply for

the election of the Hawke’s Bay Regional Council

to be held on 12 October 2013

Background

1. All regional councils are required under section 19I of the Local Electoral Act 2001 (the Act) to review their representation arrangements at least every six years. These reviews are to determine the number of councillors to be elected and the number and boundaries of the constituencies from which they are elected, in order that these arrangements provide fair and effective representation for individuals and communities.

2. The Hawke’s Bay Regional Council (the Council) last reviewed its representation arrangements prior to the 2007 local authority elections. Accordingly it was required to undertake a review prior to the next elections in October 2013.

3. As a result of appeals/objections on its last review, the representation arrangements that applied for the 2007 and subsequent 2010 elections were determined by the Commission and were for nine councillors elected as follows.

Constituencies	Population*	Number of councillors per constituency	Population per councillor	Deviation from region average population per councillor	% deviation from region average population per councillor
Wairoa	8,430	1	8,430	-8,822	-51.14
Napier	57,780	3	19,260	+2,008	+11.64
Hastings	72,690	4	18,173	+921	+5.34
Central Hawke’s Bay	16,370	1	16,370	-882	-5.11
Total	155,270	9	17,252

* These are updated 2011 estimates. At the time of the LGC determination in 2007, the population to member ratios for the Wairoa and Napier Constituencies were -49.37% and +13.28% respectively.

4.
At a meeting on 15 August 2012 the Council, under section 19I of the Act, resolved its initial representation proposal as follows.

Constituencies	Population	Number of councillors per constituency	Population per councillor	Deviation from region average population per councillor	% deviation from region average population per councillor
Wairoa	8,430	1	8,430	-8,822	-51.14
Napier	57,780	3	19,260	+2,008	+11.64
Hastings North	38,440	2	19,220	-1,968	+11.41
Hastings South	37,190	2	18,595	+1,343	+7.78
Central Hawke’s Bay	13,430	1	13,430	-3,822	-22.15
Total	155,270	9	17,252

5. The Council notified its initial proposal on 18 August 2012 and in so doing identified both the Wairoa and Central Hawke’s Bay Constituencies, being the same as Wairoa District and Central Hawke’s Bay District respectively, as “special communities of interest” warranting non-compliance with the +/-10% fair representation requirement.

6. The Council received 7 submissions on its initial proposal, by the deadline of 18 September 2012.

7. At a meeting on 25 October 2012, after considering the submissions received, the Council resolved to amend its initial proposal by providing for nine members to be elected from four constituencies reflecting the four districts in the region with Hastings Constituency also including the areas of Rangitikei and Taupo Districts included in Hawke’s Bay Region. These arrangements are summarised in the following table.

Constituencies	Population*	Number of councillors per constituency	Population per councillor	Deviation from region average population per councillor	% deviation from region average population per councillor
Wairoa	8,430	1	8,430	-8,822	-51.14
Napier	57,780	3	19,260	+2,008	+11.64
Hastings	75,630	4	18,908	+1,656	+9.60
Central Hawke’s Bay	13,430	1	13,430	-3,822	-22.15
Total	155,270	9	17,252

8. The Council notified its final proposal on 27 October 2012 and sought any appeals or objections by 27 November 2012. Three appeals/objections were received from Hastings District Council, Hastings District Rural Community Board and Napier City Council.

9. As the population to member ratios of the Wairoa, Napier and Central Hawke’s Bay Constituencies did not comply with the requirements of section19V(2) of the Act, the Council would, in any event, have been required by section 19V(4) of the Act to refer its proposal to the Commission for determination.

Hearing

10. The Commission met with the Council and appellants/objectors at a hearing held in the Hawke’s Bay Regional Council chambers on 28 February 2013. The appellants who appeared at the hearing were Mayor Lawrence Yule and Mike Maguire, Group Manager Corporate and Customer Services Manager, representing Hastings District Council; Peter Kay, Chair Hastings District Rural Community Board; and Deputy Mayor Kathie Furlong and Fiona Green, Corporate Services Manager, representing Napier City Council. The Hawke’s Bay Regional Council was represented by Chair Fenton Wilson.

Matters raised in appeals/objections and at the hearing

11. Council Chair Fenton Wilson read a prepared statement outlining the process adopted by the Council for its review and matters relevant to the decisions made by the Council. These latter matters included fair representation of the rural voice, the size of the current Hastings Constituency, and retention of Wairoa Constituency as a distinct community of interest. The Council had considered a number of options relating to these matters with either four or five constituencies and additional councillors. It acknowledged the Hastings Constituency covered a large area and options to split it were with a view to providing more effective representation for communities of interest. It had, however, after considering submissions received decided to retain the status quo in relation to the number of constituencies. It also considered Central Hawke’s Bay Constituency should be returned to its reduced boundaries, reflecting district boundaries, following some confusion resulting from the extension of these boundaries at the last review.

12. Mayor Lawrence Yule read a prepared statement on behalf of Hastings District Council in support of its objection to the Regional Council’s proposal. He said his Council considered Hastings District was a diverse and distinct community of interest which can be subdivided into urban, plains and rural, and this had not been recognised by the Regional Council in its final proposal. His Council considered the plains community was more closely aligned to the rural community and this was consistent with the approach Hastings District Council had taken in its own representation review. His Council had placed before the Regional Council a proposal for an urban and a rural constituency in its submission on the initial proposal. This, with some additional meshblocks, would result in regional constituencies more closely coinciding with territorial authority ward boundaries consistent with section 19U of the Local Electoral Act. Mr Yule said his Council’s proposal, by more specifically recognising the distinct urban and rural communities of interest would provide more effective representation for these communities as a result.

13. Peter Kay, Chair of the Hastings District Rural Community Board appeared before the Commission in support of that board’s objection to the Council’s proposal. He said the board supported the Hastings District Council’s proposal for urban and rural constituencies for Hastings to be established. He said board members often got inquiries from farmers and other people in the rural community regarding regional council matters and the board considered it would be less confusing for members of the public if there was a clearer urban-rural split in representation for the regional council. Mr Kay said his board did not support splitting the Hastings urban area in a north-south split of the current constituency.

14. Deputy Mayor Kathie Furlong read a prepared statement on behalf of the Napier City Council in support of that Council’s objection to the Regional Council’s proposal. She said her Council had supported the Regional Council’s initial proposal for splitting the current Hastings Constituency. This was based on feedback received from residents to the west and north of Napier who felt they lacked representation on the regional council and they had a different community of interest from those in the south. The final regional council proposal perpetuated the possibility that all representatives on the regional council would be urban dwellers. Napier City Council did not support an urban-rural split of the constituency as one rural councillor would still have a large area to cover. It also did not consider land use should form the basis for representation.

Requirements for determination

15. Statutory provisions relating to the determination of appeals and objections on regional council representation proposals are contained in sections 19R and 19I of the Act.

19R. Commission to determine appeals and objections

(1) The Commission must—

(a) Consider the resolutions, submissions, appeals, objections, and information forwarded to it under section 19Q; and

(b) Subject to sections 19T and 19V in the case of a territorial authority, and to sections 19U and 19V in the case of a regional council, determine,—

(i) In the case of a territorial authority that has made a resolution under section 19H, the matters specified in that section:

(ii) In the case of a regional council that has made a resolution under section 19I, the matters specified in that section:

(iii) In the case of a territorial authority that has made a resolution under section 19J, the matters specified in that section.

(2) For the purposes of making a determination under subsection (1)(b), the Commission—

(a) May make any enquiries that it considers appropriate; and

(b) May hold, but is not obliged to hold, meetings with the territorial authority or regional council or any persons who have lodged an appeal or objection and have indicated a desire to be heard by the Commission in relation to that appeal or objection.

(3) The Commission must, before 11 April in the year of a triennial general election, complete the duties it is required to carry out under subsection (1).

19I. Review of representation arrangements for elections of regional councils

(1) A regional council must determine by resolution, and in accordance with this Part,—

(a) the proposed number of constituencies; and

(b) the proposed name and the proposed boundaries of each constituency; and

(c) the number of members proposed to be elected by the electors of each constituency.

(2) The determination required by section (1) must be made by the regional council,—

(a) on the first occasion, either in 2003 or in 2006, and

(b) subsequently, at least once in every period of 6 years after the first determination.

(3) This section must be read in conjunction with section 19ZH and Schedule 1A.

16. Section 19V(3)(b) of the Act provides that if a regional council considers that effective representation so requires, constituencies may be defined and membership distributed between them in a way that does not comply with the +/-10% requirement of section 19V(2). Where a regional council has made such a decision, section 19V goes on to provide as follows:

(4) A regional council that decides under subsection (3)(b) not to comply with subsection (2) must refer that decision to the Commission together with the information specified in section 19Q(a) to (e).

(5) A reference under subsection (4) must be treated as if it were an appeal against the decision of the regional council, for the purposes of sections 19R (other than subsection (1)(b)), 19S, and 19Y, which apply with any necessary modifications.

(6) On receiving a reference under subsection (4), the Commission must determine, under section 19R(1), whether—

(a) to uphold the decision of the regional council; or

(b) to alter that decision.

17. Other statutory provisions the Commission is required to consider include those set out in sections 19D, 19E, 19U and 19V and these are addressed below.

Consideration by the Commission

18. The steps in the process for achieving required fair and effective representation are not statutorily prescribed. As reflected in its ‘Guidelines to assist local authorities in undertaking representation reviews’, the Commission believes that the following steps in determining representation arrangements will achieve a robust outcome that is in accordance with the statutory criteria:

a) identify the region’s communities of interest

b) determine the best means of providing effective representation of the identified communities of interest

c) determine fair representation of electors for the region.

Communities of interest

19. The Guidelines identify three dimensions for recognising communities of interest:

· perceptual: a sense of belonging to an area or locality

· functional: the ability to meet the community’s requirements for services

· political: the ability to represent the interests and reconcile conflicts of the community.

20. The Commission considers that constituencies should be based on distinct and recognisable communities of interest reflecting these dimensions.

Effective representation of communities of interest

21. Section 19U of the Act requires the Commission to ensure that:

· the election of members of the council will provide effective representation of communities of interest in the region

· constituency boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes

· so far as is practicable, constituency boundaries coincide with the boundaries of one or more territorial authority districts or the boundaries of wards.

22. While not a prescribed statutory requirement, the Guidelines also suggest that local authorities consider the total number of members, or a range in the number of members, necessary to provide effective representation for the region as a whole. In other words, the final number of members should not be arrived at solely as the product of the total number of members per constituency.

23. Section 19D of the Act provides that a regional council shall consist of between 6 and 14 members. The Council comprised 14 members when constituted in 1989 and nine members since the 1992 elections. We note that the Council did consider a range of options in relation to the number of members as part of its consideration of representation options and these appear to be within an appropriate range for a region of this size.

24. The Commission’s Guidelines note that what constitutes effective representation of communities of interest will be specific to each local authority but that the following factors should be considered to the extent possible:

· avoiding arrangements that may create barriers to participation, such as at elections, for example by not recognising residents’ familiarity and identity with an area

· not splitting recognised communities of interest between electoral subdivisions

· not grouping together two or more communities of interest that share few commonalities of interest

· accessibility, size and configuration of an area including access to elected members and vice versa.

25. The Guidelines state that decisions relating to the representation of communities of interest (the political dimension) will need to take account of the extent that distinct geographical communities of interest can be identified, i.e. a physical boundary is able to be defined below the region level for the community of interest. Territorial authority boundaries may provide this in some cases in line with section 19U(c) of the Act, and this has been the case to a large extent in Hawke’s Bay Region.

26. The Council based its initial proposal on territorial authority boundaries reflecting identified communities of interest, namely Wairoa, Napier, Hastings (including the areas of Rangitikei and Taupo Districts in Hawke’s Bay Region) and Central Hawke’s Bay. Apart from the question as to whether Hastings Constituency should or should not be split in two, these proposed constituencies were generally supported by all parties. We address each proposed constituency below in relation to fair representation for electors.

Fair representation for electors

27. Section 19V of the Act requires that the electors of each constituency receive fair representation having regard to the population of the region and of that constituency. More specifically, section 19V(2) requires that the population of each constituency divided by the number of members to be elected by that constituency produces a figure no more than 10% greater or smaller than the population of the region divided by the total number of elected members (the ‘+/-10% fair representation rule’). Only one of the Council’s proposed four constituencies complied with the ‘+/-10% rule’.

28. In relation to the proposed Wairoa Constituency, we noted the following comments of the Commission in its determination on the last review in 2007.

We first addressed the issue of the proposed Wairoa Constituency and its non-compliance with the +/-10% rule … we agree that a separate Wairoa Constituency is necessary to ensure effective representation of this community of interest. In summary we agree that:

· Wairoa has a community of interest distinct from the rest of the region, both physically and socio-economically, and this presents particular challenges for community consultation and provision of services;

· the physical realities of the area give rise to particular issues not experienced elsewhere including hill country erosion, pressure on coastal development, pest management, transport infrastructure biodiversity protection, wetland enhancement, flooding and other natural hazards;

· effective representation is most unlikely to be achieved by merging Wairoa into another constituency in order to comply with the +/-10% rule as this would result in a very large area (70% of the land area of the region) with few commonalities of interest and still eligible for only one councillor;

· effective representation would be compromised in terms of both access to a councillor and representation of the diversity of the constituency; and

· the demands on a councillor servicing an enlarged area would be unreasonable.

29. We agree with the comments of the then Commission and endorse the proposal for a Wairoa Constituency based on Wairoa District boundaries.

30. We then turned to the proposed Central Hawke’s Bay Constituency which the Council proposed be reduced from its current size so as to coincide with Central Hawke’s Bay District boundaries. We note that in the 2007 review the then Commission noted “we heard from the Council that the arguments were not strong for an exception to the +/-10% rule”. Accordingly the Commission added some areas of Hastings District to the Central Hawke’s Bay Constituency to ensure compliance with the ‘+/-10% rule’. In the current review, the Council took another view. It advised us that the addition of areas of Hastings District to Central Hawke’s Bay Constituency had caused confusion for residents living relatively close to the Hastings urban area but now located within Central Hawke’s Bay Constituency. These people are within Hastings District and identify with Hastings District councillors, and they have no significant connections with Central Hawke’s Bay. We were told this confusion was demonstrated during Council consultation with resource consent holders in relation to Ngarururo River on potential off-river water storage. The Council also said it considered the area of Central Hawke’s Bay Constituency, based on Central Hawke’s Bay District, was already a significantly large area for one councillor to service with particular issues of concern like hill country erosion, pressure on coastal development, biodiversity protection, flooding and other natural hazards. Central Hawke’s Bay Constituency also faced significant new challenges not faced elsewhere in the region, in relation to the proposed Ruataniwha water storage dam. We were satisfied, on the basis of the arguments put to us by the Council and supported by all of the objectors, that there was a case for reducing the size of Central Hawke’s Bay Constituency to coincide with Central Hawke’s Bay District, consistent with section 19U(c), notwithstanding it would not comply with the section 19V(2) fair representation requirement. We endorse the Council proposal in this respect accordingly.

31. In relation to the proposed Napier Constituency which also did not comply with section 19V(2), we again noted comments by the Commission in its 2007 determination. Firstly it commented:

In excess of 2,000 people would need to be transferred from this constituency if it were to equate to the region average population per councillor with a minimum of over 500 to be transferred in order to be within a +/-10% variation.

The Commission went on:

Given the numbers involved and the predominantly urban nature of the Napier Constituency, we note that a large segment of the outlying area of Napier City would have to be transferred to the adjoining Hastings Constituency. We also note that the neighbouring parts of the Hastings Community are primarily rural or semi-rural in nature. While it is guided by the principle of fair representation defined in the Act by the +/-10% rule, the Commission considers it is also appropriate to be guided by the requirement to ensure, so far as is practicable, constituency boundaries coincide with territorial authority boundaries. The Commission sees this as important as territorial authorities reflect communities of interest based on the delivery of a wide range of day-to-day services. Territorial authority districts are also areas that electors closely identify with which in turn encourages participation in local government such as by voting or standing as a candidate at local elections.

32. The situation remained very similar at this review in terms of the numbers needing to be transferred out of Napier Constituency in order to comply with section 19(V)(2) although the variation at +11.64% is less than in 2007 and even more marginal. Accordingly we also endorse the Council proposal in relation to this constituency.

33. Finally we turned our attention to the Council’s proposed single Hasting Constituency noting the Council had initially proposed splitting this constituency into north and south constituencies. The initial proposal was based on concerns about the size of the constituency and the effect this has on achievement of effective representation. All three objectors also had concerns in this regard with two proposing an urban-rural split and the other that the Council return to its initially proposed north-south split. While a north-south split, based on the initial proposal, would result in smaller constituencies, we were concerned, as were the other two objectors, that this would split the combined Hastings urban area comprising Flaxmere, Hastings and Havelock North Wards of Hastings District. We believe there is a strong commonality of interest between these urban wards and agree with the Hastings District Council and Hastings District Rural Community Board that they should not be split between different regional constituencies. We also note that by including the Flaxmere and Hastings Wards in the proposed Hastings North Constituency (the Council’s initial proposal), Napier City Council’s concerns that representatives would be likely to come from the Hastings urban area were less likely to be addressed than under an urban-rural split. Accordingly we have decided to adopt the urban-rural split proposed by the Hastings District Council. This also entails the addition of some meshblocks around the three urban wards which the Council identified as having commonalities in community of interest with the proposed Hastings Urban Constituency, such as Whakatu with its large industrial focus. We note the Hastings Rural Constituency does not comply with the ‘+/-10% rule’ but, as argued above, we believe this to be necessary for achievement of effective representation for the community of interest in this constituency.

34. Our decisions in relation to regional constituencies are summarised in the following table.

Constituencies	Population*	Number of councillors per constituency	Population per councillor	Deviation from region average population per councillor	% deviation from region average population per councillor
Wairoa	8,430	1	8,430	-8,822	-51.14
Napier	57,780	3	19,260	+2,008	+11.64
Hastings Rural	19,905	1	19,905	+2,653	+15.38
Hastings Urban	55,605	3	18,535	+1,283	+7.44
Central Hawke’s Bay	13,430	1	13,430	-3,822	-22.15
Total	155,270	9	17,252

* These figures do not exactly add to the total as the figures for the Hastings Rural and Hastings Urban Constituencies are calculated on 2006 meshblock totals while the other constituencies are 2011 estimates.

Commission’s Determination

35. Under section 19R of the Local Electoral Act 2001, the Commission determines that for the general election of the Hawke’s Bay Regional Council to be held on 12 October 2013, the following representation arrangements will apply:

(1) Hawke’s Bay Region, as delineated on LG-06-2013-Con-1 deposited with the Local Government Commission, will be divided into five constituencies.

(2) Those five constituencies will be:

(a) Wairoa Constituency, comprising the area delineated on SO Plan 9853 deposited with Land Information New Zealand

(b) Napier Constituency, comprising the area delineated on SO Plan 9855 deposited with Land Information New Zealand

(c) Hastings Rural Constituency, comprising the area delineated on LG-06-2013-Con-2 deposited with the Local Government Commission

(d) Hastings Urban Constituency, comprising the land delineated on LG-06-2013-Con-3 deposited with the Local Government Commission

(e) Central Hawke’s Bay Constituency, comprising the land delineated on LG-06-2013-Con-4 deposited with the Local Government Commission.

(3) The Hawke’s Bay Regional Council will comprise 9 councillors elected as follows:

(a) one councillor elected by the electors of Wairoa Constituency

(b) three councillors elected by the electors of Napier Constituency

(d) three councillors elected by the electors of Hastings Urban Constituency

(e) one councillor elected by the electors of Central Hawke’s Bay Constituency.

36. As required by section 19U(b) of the Local Electoral Act 2001, the boundaries of the above constituencies coincide with the boundaries of current statistical meshblock areas determined by Statistics New Zealand and used for Parliamentary electoral purposes.

THE LOCAL GOVERNMENT COMMISSION

Basil Morrison (Chair)

Anne Carter (Commissioner)

Grant Kirby (Commissioner)

9 April 2013

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 24 April 2013

SUBJECT: Work Plan Looking Forward through May 2013

Reason for Report

1. This report is provided in order to update Councillors about significant work activities under way over the next month in each area of Council.

Group	Area of Activity	Activity Status Update
Asset Management	Biosecurity	Review of Regional Pest Management Strategies in accordance with the Biosecurity Amendment Act 2012 under way with stakeholder consultation to develop a collaborative approach to the review. Discussion document to seek the views of the wider public expected early 2014.
	Land Management	Operational plan for 2013/14 implementation of the Tukituki Plan Change will be presented to Council by June 2013.
	Infrastructure disaster insurance	Review of self insurance arrangements to provide the most cost effective cover for all HBRC infrastructure assets will be undertaken later this calendar year.
	Tangoio Soil Conservation Reserve	MTI Treaty Settlement agreement with central government now well advanced. Likely to include establishment of a fund from money surplus to requirements for management of Tangoio Soil Conservation Reserve. Staff seeking clarity from the Crown on a number of details and will report back to Council once clarity provided.
	Regional open spaces review	December 2012, the E&S Committee endorsed a framework for the management of the region’s parks. This is progressing to the next stage.
	Upper Makara Scheme	Hearing on reinstatement of flood protection for the Makara Valley and revisions to the rating for the Scheme was held on 12 April. Hearing adjourned while additional information is sought.
	Ohuia Scheme	Tender prices for replacement of the Ohuia pump station were well above budget estimates. Construction was not undertaken over summer and temporary work to provide pumping capacity for the coming winter is under way.
	Collaboration with Department of Conservation, Greater Wellington & Horizons	Person appointed to identify and facilitate opportunities for collaboration between the participating organisations. Programme of work agreed and details being finalised.
	159 Dalton Street	Remedial work underway. Legal proceedings ongoing.

Group	Area of Activity	Activity Status Update
Resource Management	Appeals / Declarations	Mexted & Williams Environment Court hearing still pending. There has been discussion between parties with suggested changes being made to the proposed development. Full details have not been provided. High Court appeal has been heard and found in favour of the appellant E tu Mahanga, allowing evidence on coastal hazards to be heard. HBRC looking to facilitate a further caucus of coastal hazard experts to see if issues can be resolved.


		NCC Whakarire Avenue Coastal Protection Structure Awaiting an Environment Court determination on the activity status of the proposed Whakariri Avenue coastal protection before proceeding with the application.
	Large Consent processes/applications	Poukawa Discussions ongoing with applicants and stakeholders. Limited notification pending.
		Tukituki and Karamu surface water takes Common expiry date for these catchments of 31 May 2013. Notification pending. Ruataniwha storage SCHEME. HBRC Consents staff providing completeness checks as per agreement with EPA. Pre-lodgement check completed 9 April 2013. Lodgement check in May 2013.
	Surface Water Quantity	Ongoing low flow monitoring continues. A Heretaunga concurrent cross science project investigation was successfully implemented, measuring low river flows across the Heretaunga Groundwater Resource, taking water quality samples and surveying river levels. This will be valuable information for the development of groundwater modelling. Mohaka, Ngaruroro and Karamu concurrent low flow gauging have been completed. A targeted dissolved oxygen monitoring programme is coming to an end after the summer low flows.
Resource Management	Surface Water Quality and Ecology	Final draft of the “Water quality limits” report to support Tukituki plan change and RWS project submitted. Field studies of nutrient limitation of algal growth in the Ngaruroro/Tutaekuri Rivers completed. Sample analysis underway. Program to provide critical inputs to the TANK plan change One of several longitudinal surveys of the Mohaka River from upstream to downstream of the Taharua confluence completed late February/early March. Scoping of a monitoring program to support development of comprehensive lake model on Lake Tutira progressing. Recreational water quality monitoring program completed for the 2012/13 bathing season. Results show good swim-ability at the majority of sites across the region. Ongoing support from key members in the team to HB Biodiversity Strategy development.
	Air & Climate	Screening monitoring of PM₁₀ in Waipawa is continuing. A report on the distribution of NES air quality contaminants across Napier and Hastings is due shortly. Based on the results one site in each city will be selected for a period of more intensive monitoring during winter. An HBRC sponsored Envirolink application for a project on PM₁₀ offset modelling is in progress and is due to be completed by the end of June. Ongoing support (climate information) is being provided for drought assessment.
	Land Science	Ongoing regional soil mapping (S Map). Currently mapping south eastern coastal strip. Ongoing Taharua catchment investigation. Received report on loss of ecosystem services investigation arising from April 2011 storm and presentation given by AgResearch. May provide insight into the value of ‘Trees on Farms’. Characterisation of wetlands in the Heretaunga catchments has begun. Aerial investigation of Ngaruroro complete. Aerial investigation of Tutaekuri, Ahuriri and Karamu to be completed by the end of April. Regional soil quality monitoring field work completed (19 sites) as part of Land SOE requirement. This year intensive pasture is the focus of attention. Awaiting report from consultants. Ongoing characterisation of biodiversity in the Ngaruroro catchment. Report expected in June.
Resource Management		Planning for upcoming work in the Heretaunga catchment (Ngaruroro and Tutaekuri catchments). Providing assistance with Envirolink tool ($200,000) to link Smap with land models e.g. overseer. Discussions taking place regarding setting up catchment investigations around Tutira (P sources and land use) and Wairoa (sediment monitoring).
	Biodiversity Strategy	Project scoping commenced and completed. Terms of Reference for both the Working and Steering groups have been adopted. Strategy vision and objectives have been drafted and discussed by the Steering Group. A review of strategy approaches has been completed and a preferred approach identified. Regional biodiversity inventory programme is underway with input from tangata whenua, key external agencies and stakeholders
	Quality Management System (QMS)	The first review visit from our external auditors, Telarc, will be held in early May with them focusing this audit on resource management and document control. A programme of consolidation of processes is currently being worked on to ensure that our Quality Management System is as effective and efficient as possible. Ongoing internal audits, management team review meetings and process improvements to ensure we maintain ISO9001:2008 certification.
Strategic Development	Land and Water Management Strategy	Strategy implementation to be ongoing, including via 2012-22 LTP.
	RPS Change to incorporate elements of Land and Water Management Strategy (Change 5)	Schedule 1 RMA process. Change 5 publicly notified on 2 October 2012. 29 submissions received and 9 further submissions subsequently received. Over 370 individual submission points. Hearing held 10-12 April. Recommendations from Hearing Panel (Commissioners Maaka, Mohi and Nugent) expected to be presented to Council early May 2013.
	Plan Change for freshwater management in Tukituki River catchment	Agenda item to be presented at 24 April 2013 Council meeting to make a further amendment to Tukituki Plan Change 6 ready for notification on 4 May 2013.
	Plan Change for freshwater management in Greater Heretaunga / Ahuriri catchment	Ongoing. Five (of seven planned) collaborative stakeholder meetings of the TANK Group held to date (plus field trip to key sites). Developing recommendations for Council for Plan Change. Supporting science needs and priorities being programmed relative to science team’s other commitments. Update report to be presented to Regional Planning Committee meeting in June 2013.
	RPS Change to incorporate HPUDS and wider infrastructure matters (RPS Change 4)	Schedule 1 RMA process. Decisions issued on 28 March. Appeal period closes mid May 2013.
Strategic Development	Taharua Strategy and Mohaka plan change.	Update report to be presented to Regional Planning Committee meeting in June 2013. Negotiations between major landowners about N mitigation options and responsibilities continuing. Supporting science needs and priorities being programmed relative to science team’s other commitments (esp. Tukituki-related projects).
	Proposed Regional Coastal Environment Plan plus Change 1 to RRMP	Council adopted RCEP on 31 October. Coastal marine area-related content has been referred to Minister of Conservation for his approval. Following that approval, a date will be nominated by Strategic Development Group Manager and RCEP, plus its Variations 1-3 will become operative.
	Heretaunga Plains Urban Development Strategy (HPUDS)	Ongoing implementation as it relates to other actions where HBRC is a lead agency or a partner agency via HPUDS Working Group.
	Resource Management Act amendments	Submissions lodged on the following resource management reform proposals: (a) Resource Management Amendment Bill 2012 (b) Resource Management Reform proposals; and (c) Freshwater reform proposals. Further Resource Management Amendment Bill for items (b) and (c) above likely before end of 2013.
	Regional Land Transport Programme (RLTP)	Work on the Regional Cycling Strategy continues. A facilitated workshop has been organised on 24 May to bring together key stakeholders and seek input into the Strategy. Key projects in the RLTP are currently being costed and an update will be provided in mid 2013 to the Regional Transport Committee.
	Bus Services	Due to imminent legislative changes being made to the Land Transport Management Amendment Act it has been decided that the tender of the urban bus services contract will be delayed to allow the new legislation to be enacted. Council will then have to adopt a new Transport Procurement Strategy and also a new Regional Public Transport Plan.
	Tech NZ R&D funding as part of the Regional Business Partner partnership with HB Chamber of Commerce	From 1 July to 31 March 2013, MSI Regional Partner has brought in $2,453,530.64 grant funding into Hawke’s Bay working with 41 businesses.
	Strategic Farming Initiative	R&D projects continue to be scoped under Land Management function. The Pan Sector group meeting held on 23 January with a focus on updating the strategic action framework and participants agreeing to share more information about their R&D projects. A next meeting is planned for June. The Pan Sector group is actively involved in the Plan Change and RWS project.
	Massey Strategic Relationship	The Massey Business Development Manager, John Bell, started on 4 February. He has come up to speed very quickly and pursuing opportunities between Massey and Hawke’s Bay.
Corporate Services	Draft Annual Plan 2013/14.	Consideration of submissions to the draft Annual Plan 2013/14 – Council Plan Hearings 10/11 June 2013.
	Proposal for sale of cash flows covering Napier leasehold land.	Corporate and Strategic Meeting – 8 May 2013.
	Council paper covering proposed sell down of leasehold property in Wellington.	Council meeting – 26 June 2013.
External Relations	Liaison with Treaty claimant representatives on Regional Planning Committee	Draft legislation being finalised with deadline for introduction to the House on 5 June
	Community engagement / environmental education	Extra edition of Our Place focussing on RWSS being distributed in week beginning 29 April.
Operations/ Water Group	Ruataniwha Water storage	Updates available through monthly reports from HBRIC Ltd to HBRC.
	· Ngaruroro Water Storage	The on-farm economic analysis section of work is now to be completed as a discrete section of work prior to the end of this financial year.
	Ÿ Hawke’s Bay Trails	The final sections of the Landscapes Ride and Taipo stopbank cycleway completed.
CE’s Office	Represent Regional Sector on Land and Water Forum “Small Group”	LAWF has submitted its final report to Government covering water quality and water allocation and we await the Government’s response to this. The report reinforces the key role that regional councils play in freshwater management.
	HBRIC Ltd	Ongoing, detailed in separate monthly reports from HBRIC Ltd to HBRC
	Ruataniwha Water Storage	Ongoing
	Continue involvement with Ministry for Primary Industries Peak Group for Implementation of the ETS	Ongoing
	Advisory Committee on Official Statistics	Ongoing

Decision Making Process

2. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That Council receives the Work Plan Looking Forward through May 2013 report.

Mike Adye

Group Manager

Asset Management

Helen Codlin

Group Manager

Strategic Development

Paul Drury

Group Manager

Corporate Services

Graeme Hansen

Group Manager

Water Initiatives

Iain Maxwell

Group Manager

Resource Management

Liz Lambert

General Manager (Operations)

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

19 For the purposes of this Plan a “productive aquifer” means an aquifer that has a sufficient quantity, quality and flow of water that it can be used for water supply purposes.

20 For the purposes of this Regional Plan, "reasonable mixing" of contaminants in groundwater is considered to have occurred at whichever of the following is the lesser:

a) a distance 100 metres from the point of discharge, or

b) the boundary of the subject property.

Alternatively, for activities that are subject to resource consents, “reasonable mixing” may be determined on a case by case basis through the resource consent process.

[1] NOTE 1: This policy applies to the following discharges (including a diffuse discharge by any person or animal):

(a) a new discharge or

(b) a change or increase in any discharge –

of any contaminant into fresh water, or onto or into land in circumstances that may result in that contaminant (or, as a result of any
natural process from the discharge of that contaminant, any other contaminant) entering fresh water.

NOTE 2: This policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management takes effect on 1 July 2011.

19 For the purposes of this Plan a “productive aquifer” means an aquifer that has a sufficient quantity, quality and flow of water that it can be used for water supply purposes.

20 For the purposes of this Regional Plan, "reasonable mixing" of contaminants in groundwater is considered to have occurred at whichever of the following is the lesser:

a) a distance 100 metres from the point of discharge, or

b) the boundary of the subject property.

Alternatively, for activities that are subject to resource consents, “reasonable mixing” may be determined on a case by case basis through the resource consent process.

[2] NOTE 1: This policy applies to the following discharges (including a diffuse discharge by any person or animal):

(a) a new discharge or

(b) a change or increase in any discharge –

NOTE 2: This policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management takes effect on 1 July 2011.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Consequences of Land Transport Management Act Amendments	7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.