Agenda of Regional Council Meeting

	Agenda Item	Action	Person Responsible	Status Comment
1.	9 month Annual Report Progress	Develop a strategic approach to Appeals to the Environment Court on consent Decisions, using risk analysis	DL	Update to August Council meeting
2.	Quarterly Significant Initiatives Update for Council	Recreation Plan for the Waihapua Forest Park (Tutira Carbon Sequestration property)	MA	To be reported to Council meeting in August or September
3.		Report re costings going forward from Sargeant report (WOW)	MA	Agenda item at July meeting
4.	Ruataniwha Plains Water Storage Project	Regular updates to Council or Committee when each milestone is achieved	AN/GH	Standing Item to be added to future Agendas

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: Affixing of Common Seal

COMMENT:

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 3

DP 4268

CT G1/340

- Transfer

1.1.2 Lot 112

DP 11999

CT D1/453

- Agreement for Sale and Purchase

3054

3055

27 June 2011

1.2

Deed of Variation

Ministry for the Environment and HBRC Funding Agreement (Dynamic Water User Management Systems Project)

(CMS reference: 12534)

3053

23 June 2011

1.3 P

Esplanade Strip – Wairango Farm

(Riparian strip)

Part Lot 1 and part Lot 2

DP 11135, CTs SA44B/446. SA16D/6

3055

5 July 2011

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

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: Update on Transport Issues

REASON FOR REPORT

1. This report covers three current transport issues:

1.1. The Regional Transport Chairman will provide a verbal update from the Regional Transport Committee as part of this agenda item.

1.2. The draft Regional Public Transport Plan is presented for adoption and detail is provided on the public consultation process for this Plan.

1.3. Approval is also sought from Council for the commencement of a trial bus service in Ahuriri/Westshore, to start in October 2011.

Draft Regional Public Transport Plan

Background

2. The Council is required to adopt a Regional Public Transport Plan (RPTP) prior to 1 January 2012. The RPTP outlines the direction for public transport over the next three years and has been prepared under the requirements in the Public Transport Management Act 2008. A copy of the draft Plan is attached.

3. In February this year a project team was formed to draft and provide input into the draft RPTP, the representatives on this project team were:

· Cr Alan Dick (Chair, Regional Transport Committee )

· Cr Kathy Furlong (Napier City Council RTC representative)

· Mark Clews (Hastings District Council)

· Oliver Postings (New Zealand Transport Agency)

· Tracey Ashworth (Hawke’s Bay District Health Board)

· David Murray (Access and Mobility representative RTC)

· Council Officers (Carol Gilbertson, Megan Welsby)

· Input from other Councils and key agencies as required.

4. The proposed direction for the draft RPTP is largely one of status quo and highlights the public transport improvements that have been undertaken by this Council over the past 3 years. Given the funding constraints for both Hawke’s Bay ratepayers and New Zealand Transport Agency (NZTA) this plan is not proposing major changes, but provides a realistic three year plan – from 2011 to 2014. The focus being on investigation of new services in Ahuriri and Central Hawke’s Bay, and continuous improvements to enhance the public transport experience, such as easily identifiable bus-stops, access to information and a large focus on integration with walking and cycling. Therefore the Plan provides for the continuation of existing levels of service and introduces some minor new changes where funding can be found, within existing budgets.

5. Following the adoption of the RPTP by Council the Plan will go out for public consultation, using the special consultative process outlined in the Local Government Act. A summary of information will be included in the public advertisement, published in Hawke’s Bay Today, community newspapers and also on Council’s website. Submissions close on 4 September 2011. It is proposed that the Project Team members hear submissions on the Plan in mid September. The Plan will then go to the Regional Transport Committee for endorsement before being proposed for adoption by Council at their meeting in September.

Ahuriri/Westshore Trial Service

Background

6. In 2009 residents and business owners in Ahuriri were surveyed to establish whether there was a demand for a commuter express service between Ahuriri and Napier. The response rate was low and demonstrated that there was little demand for this type of service.

7. However responses suggested that there was a demand for a regular day-time service between Napier, Ahuriri and Westshore, to enable residents of these suburbs to travel to Napier for shopping, health and education purposes, and also to access other goBay services.

8. The 2010 passenger survey confirmed this, with a number of respondents asking for a Napier-Ahuriri-Westshore service. Staff also field phone calls on a regular basis from residents of Ahuriri and Westshore requesting a bus service to Napier. During the initial consultation for the Regional Public Transport Plan around 90% of the responses received suggested that Ahuriri/Westshore was an area that had a high need for a bus service.

9. Potential Passengers

9.1. The suburb of Ahuriri has changed greatly over the past 4-5 years, with the development of high density housing (Quayside, West Quay, Ahuriri Quadrant, Shed 5 and the Princess Alexandra Retirement Village) and also the Ahuriri Business Park.

9.2. The residential suburbs of Ahuriri and Westshore are popular with families, young professionals and retired people, and both suburbs have a primary school and small shopping centre. The Ahuriri Business Park is ever expanding with approximately thirty businesses currently operating from this site (this does not include hotels, motels, backpackers, shops, cafes, bars or restaurants).

10. Proposed Timetable

10.1. The proposed service would be hourly between 7am and 6pm Monday to Friday and two hourly on Saturday between 10am and 2pm.

10.2. The trial would start in early October and run for a period of 6 months. Passenger numbers would be collected monthly and closely monitored.

10.3. The service would travel from the Napier terminus (Dalton Street) via Napier Health Centre (Wellesley Road), over Napier hill, Hardinge Road, Ahuriri Village to Westshore and would return via Princess Alexandra Retirement Home (Battery Road), Ahuriri Village, over Napier hill, Napier Health Centre, to the Napier Terminus. Currently residents of Napier hill, Ahuriri and Westshore have no direct access to bus services.

11. Fares

11.1. The trip would be classified as a one zone trip:

Single trip cash fares

Adult

Tertiary Student/ Community Services Card

Child/

High School Student/Senior

$3.00

$2.00

$1.50

Single trip goBay smartcard fares

Adult

Tertiary Student/ Community Services Card

Child/

High School Student/Senior

$2.50

$1.60

$1.20

12. Branding and Promotion

12.1. Go Bus have sourced an appropriate vehicle for this service, which is low-floor, and wheelchair accessible with 31 seats. The service would be branded the ‘Ahuriri Hopper’ with eye-catching, brightly coloured graphics on both sides of the vehicle.

12.2. The trial would be well promoted with radio ads, newspaper ads, flyers delivered to both suburbs, on-bus promotion, HBRC website and via the Ahuriri Business Association website and network.

12.3. The cost to run this trial would be:

Total Cost: $103,000 (for six months)

Fare Revenue Expected: $25,750 (25% farebox recovery rate)

Cost – less fares: $77,250

12.4. The cost of the service, less any revenue, will be paid for jointly by HBRC and NZTA, at an amount of $38,625 each. This expenditure is able to be met within current budgets. If the trial was successful and it was decided to retain this as a permanent service the cost would be able to be met within current budgets, due to the increase in farebox recovery.

DECISION MAKING PROCESS

13.1. Sections 97 and 98 of the Act do not apply as these relate to decisions that significantly alter the service provision or affect a strategic asset.

13.2. Sections 83 and 84 covering special consultative procedure do not apply.

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

13.4. The persons affected by this decision are Ahuriri/Westshore residents.

13.5. The options considered are to commence the trial service or not provide this service.

13.6. Section 80 of the Act covering decisions that are inconsistent with an existing policy or plan does not apply.

13.7. 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 having given due consideration to the nature and significance of the issue to be considered and decided, and also the persons likely to be effected by or have an interest in the decisions to be made.

RECOMMENDATIONS

That the Council:

2. Receive the verbal update from the Regional Transport Committee Chairman.

3. Adopt the draft Regional Public Transport Plan for public consultation, noting the requirement that the special consultative process contained in the Local Government Act, be followed.

4. Agree to the commencement of a six-month trial bus service in Ahuriri/Westshore, noting that passenger numbers will be monitored and an update provided to the Corporate and Strategic Committee.

Carol Gilbertson

Transport Manager

Paul Drury

Group Manager Corporate Services

Attachment/s

1. Draft Regional Public Transport Plan (under separate cover)

Elected Members Allowances and Expenses 1 July 2011

Attachment 1

SECTION 4 – VEHICLE PROVIDED

Where the Chairman decides to take up the entitlement to a Council vehicle then the terms and conditions for the supply of a vehicle will be determined by the Chief Executive Officer in line with policies set out by the Remuneration Authority.

SECTION 5 – VEHICLE MILEAGE ALLOWANCE

1. A vehicle mileage allowance is payable to an elected member for travel by that member each day, but only if:

(a) the member is not otherwise provided with a vehicle by the Council; and

(b) the distance travelled by the member on the day exceeds the threshold distance; and

(i) in a private vehicle; and

(ii) on Council business; and

(iii) by the most direct route that is reasonable in the circumstances.

2. Vehicle mileage allowance is payable only in respect to the member’s travel for that day that exceeds the threshold distance.

3. The maximum vehicle mileage allowance payable in any one twelve month period is:

(i) $0.74 per kilometre for the first 5,000 kilometres;

(ii) $0.35 per kilometre for any distance over 5,000 kilometres.

4. Restrictions on mileage claims:

(a) The daily threshold distance is 30 kilometres (round trip).

(b) ''Council business'' is defined as ''official Council business whereby elected members are invited or required to attend both informal or formal meetings or events related to Council. These do not include meetings with constituents, or the elected member's own initiatives to familiarise or better inform themselves in any way with Council business, or where a Council function is primarily entertainment”.

SECTION 6 – TRAVEL AND ACCOMMODATION

(Mileage Claims – refer Section 5)

Taxis and other transport

Elected members will be reimbursed for the actual and reasonable cost of any expenditure on taxis and other transport incurred where such expenditure is considered

reasonable and necessary for the attendance at conferences, seminars and business related meetings attended at the request of Council, or approved by the Chairman.

Carparks

Individual carparks are allocated to each elected member for use on Council and Committee meeting days only. In addition, the Chairman has a permanent car park and one other car park is permanently available for any other elected member to attend Council business at the Council offices.

Use of rental cars

Elected members will be reimbursed for the actual and reasonable cost of any expenditure on rental cars where this is considered necessary to attend conferences, courses and business meetings attended at the request of Council, or approved by the Chairman. If rental cars are used they are to be cheaper than mileage allowance or air fare.

Air Travel – Domestic

All domestic travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

Air Travel – International

All international travel is to be approved in advance by the Chairman or Chief Executive and booked through Council Corporate Services.

Council will meet the cost only of economy class airfares unless specifically approved otherwise by the Chairman or Chief Executive.

Stopovers for long distance flights will be at the discretion of the Chairman or Chief Executive, and where approved, will be paid or reimbursed.

Airline Clubs / Airpoints / Airdollars

The Chairman is provided with a Koru Club membership on the basis of frequency of air travel.

Airpoints or airdollars earned on travel, accommodation etc., paid for by the Council are available for the private use of members.

Accommodation costs while away at conferences, seminars, etc

Elected members will be reimbursed for the actual and reasonable cost of any expenditure incurred where this expenditure is incurred for attendance at the request of Council or approved by the Chairman or Chief Executive. Travel is to be approved in advance and all bookings are to be made through Council Corporate Services. This provision also applies to Councillors who normally live at a distance from Napier who stay overnight prior to or between Council or committee meetings

Meals and sustenance, incidental expenses

The reasonable cost of meals and sustenance will be paid or reimbursed where such expenditure is incurred for attendance at conferences, courses and business meetings attended at the request of Council, or approved by the Chairman or Chief Executive. A light lunch is generally provided to Councillors on Council and Committee meeting days.

Private accommodation paid for by local authority

An allowance of $35 per night can be claimed by elected members where they decide to stay privately when attending a conference, course or business meeting where their attendance is at the request of the Council or approved by the Chairman or Chief Executive. Reasonable additional costs associated with staying privately can be claimed only if the prior approval of the Chairman or Chief Executive has been received.

SECTION 7 – ENTERTAINMENT AND HOSPITALITY

There are no hospitality or entertainment allowances paid to elected members. Where entertainment or hospitality is required at the request of the Council, or on the approval of the Chairman or Chief Executive, reimbursement can be claimed of an actual and reasonable basis.

Elected Members Allowances and Expenses 1 July 2011

Attachment 1

SECTION 8 – COMMUNICATION ALLOWANCES

Equipment and technology provided to elected members

The following allowances are paid to elected members to assist with the costs of equipment and technology provided by the elected member.

Computers

Subject to the conditions below, elected members may be paid an allowance of $80.55 per month to assist them to provide a personal computer that is available for use for Council business, including email and printing costs.

The allowance is based on the following formula:

Allowance = ($2,200/36/2) + $20 + $30 = $80.55

$2,200 is taken as the cost of a personal computer with Microsoft Word (or equivalent) and anti-virus protection together with a printer. This figure is divided by 36 (the number of months in a triennium and also the expected life of a personal computer) and then by 2, taking Council use as half of the use of the computer.

$20 is half the monthly cost of a basic Internet connection. The cost of a printer cartridge set is $80 for usage three months i.e. $30 per month.

Printer paper will be supplied on request from the Council for Councillors to use on council business.

Conditions

1. The computer allowance is subject to the elected member providing, and using regularly for Council business, a home computer connected to the Internet and loaded with a current version of Microsoft Word (or equivalent) and anti-virus software that is kept up-to-date.

2. The internet connection shall be such that when in use the normal telephone of the elected member continues to operate.

Telephone Rental

Except as set out below, elected members may be paid an allowance of $21.50 per month, being half the standard cost of a residential phone connection. If the installation of a second telephone line is necessary for Council business, the Council will pay the costs of installing (subject to network availability) the second line and the elected members will be entitled to an allowance of $35 per month to cover the monthly rental cost. The decision about whether a second line is necessary will be made by the Chairman of the Council in consultation with the Chief Executive. Elected members who have a second line installed will not be entitled to the allowance of $21.50 per month. The cost of toll calls that are made to conduct the business of the Council will be reimbursed.

Mobile phones

All elected members who can be contacted on a mobile telephone are entitled to an allowance of $20 per month. This allowance is based on half the cost of the monthly rental plus a contribution towards the cost of calls relating to Council business. It is assumed that a key benefit of a mobile phone is for incoming calls where the cost is met by the caller, and that elected members will make most outgoing calls from land lines. All elected members will provide their own phone at their expense.

Answer Phones, Fax, Filing Cabinets

On request, elected members will be supplied with an answer-phone, facsimile (where a claim is not being made by an elected member for computer-related equipment) and filing cabinet for the period of office. The Council will also supply a reasonable amount of necessary consumables.

Where a faxability line is required, then the cost of this will be paid by the Council. (The cost at the present time is in the order of $3 per month.)

The equipment remains the property of the Council and must be returned when the elected member leaves office. New equipment will only be supplied where existing surplus equipment is not available.

Limitation to Total Communications Allowance Payable

Councillors will be limited to a total payment in any one financial year of $750.

SECTION 9 – PROFESSIONAL DEVELOPMENT, CLUBS AND ASSOCIATIONS

Council pays for the cost of professional development courses, seminars, etc approved by Council or the Chairman, within a specified annual budget.

No expenses or allowances in respect of subscriptions to Clubs or associations are paid other than professional bodies specific to their role with Council e.g. RMLA for Hearings Committee Members.

SECTION 10 – OTHER EXPENSE REIMBURSEMENTS AND ALLOWANCES

The following are reimbursed or provided to elected members:

Clothing

Elected members will be supplied with a rain jacket bearing the Council's logo.

Stationery

Stationery is available on request for use on Council business.

Elected Members' Office

Elected members are entitled to use the Councillors' Office, located next to the Council Chamber on the ground floor of the Regional Council building. The office is equipped with desks, phone and a computer.

Chairman’s Office

The Chairman is provided with an office at the Council’s offices in Napier. This office includes a direct dial telephone extension and networked computer. Full secretarial assistance is also provided.

SECTION 11 – TAXATION OF ALLOWANCES

Withholding tax will be deducted from all allowances (as distinct from reimbursements of actual business expenses)

SECTION 12 – SIGNATURE

I seek approval from the Remuneration Authority, in relation to the period 1 July 2011 to 30 June 2012, of the expense reimbursement rules and payments of allowances applicable to elected members as set out in this document which was adopted by Council on 27 April 2011

The approved document and any attachments will be available for public inspection in accordance with the Remuneration Authority's determination.

A Newman

Signature Chief Executive Date

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: Haumoana Coastal Erosion

REASON FOR REPORT

1. In his report on the mitigation of coastal erosion affecting Haumoana, Mr Dave Serjeant:

1.1. Identified a number of crucial investigations which are needed to confirm the design for hard engineering protection proposed by WoW, and to gain a better understanding of the down drift effects of the proposal.

1.2. Suggests that if a consent application were to proceed it would have a considerably improved chance of success if a local authority were to be the applicant.

1.3. Suggests that if a consent application was to proceed it would be most efficiently and effectively considered by way of direct referral to the Environment Court.

2. Hastings District Council staff are preparing a report for consideration by their Council as to whether or not they wish to progress the proposed mitigation works as consent applicant.

3. To enable HDC staff to report fully on the issue to their Council, this report seeks

3.1. A decision from Council as to whether they wish to contribute to additional input by experts on this issue.

3.2. An indication from Council for the granting of a future request for direct referral to the Environment Court from Hastings District Council (HDC) in relation to resource consent applications for coastal protection works at Haumoana.

Background

4. In his report Mr Serjeant identified that if the project was to be proceeded with there are a number of crucial investigations which are needed to confirm the design and to gain a better understanding of the down-drift effects of the proposal. The completion of this work will enable a more accurate estimate of the cost of the hard engineering proposal. Cost estimates completed as part of the background work to Mr Serjeant’s report identified that in discounted dollar terms, the estimated cost of the project based on the proposal put forward by WoW, was $7.7M compared with the estimated benefits of the project ranging from $8.4M to $12.8M

5. On 11 July 2011 Council staff received from HDC staff a request that HBRC continue to work collaboratively with HDC on the issue, and jointly fund the further work identified by Mr Serjeant.

6. The further work includes further Unibest modelling work and sensitivity analysis which needs to be completed to determine the possible down drift effects from the proposed groyne field, and options for how those effects might be mitigated, thus reducing project cost uncertainties and enabling Mr Serjeant to review his position on the likely success of a resource consent for the proposed works.

7. Staff have requested and received a proposal for the additional work requested. This proposal together with associated peer review work, and further work to be completed by Mr Serjeant is estimated to cost approximately $100,000.00.

8. To date, HBRC and HDC have jointly shared costs in this project. Costs total $97,166.00 As this project has spanned 2 financial years, staff have met the costs to date from existing budgets.

9. Staff advise that the additional work, if completed within the 2011/12 financial year will not be able to be completed within the budget provision as other investigation work has already been committed. Staff advise that given existing commitments, this additional work would result in the coastal project budget being exceeded by approximately $40,000.00.

10. In addition, HDC have requested an indication from HBRC on the direct referral of any future resource consent applications to the Environment Court for a coastal protection scheme at Haumoana.

11. HDC request this indication to allow time, cost and resource planning to be undertaken for the project and to inform the preparation of a Statement of Proposal under the LGA and HDC’s next LTP for the 2012/22 period.

12. Staff consider that a HBRC indication of likelihood of direct referral is appropriate to inform HDC’s LTP consultative process but as no actual consent applications have been formally lodged, the indication can be made “without prejudice” and is not legally binding as it is only once applications have been lodged that sections 87D and 87E of the RMA apply.

Description of Proposed Scheme

13. The following is a summary of the main aspects of the possible Haumoana coastal protection works.

14. Seven groynes of varying lengths and two strongpoints located at varying distances along a 2 km length of coast from 200 m south of East Road to 300 m south of the Tukituki River groyne.

15. The groynes to trap sand and gravels drifting along the shore to the north to increase the width of barrier beach updrift of each groyne, Some of this material may also be imported to speed up the infilling of the groyne cells.

16. Crenulate bay theory was used to predict the potential equilibrium shoreline shape between each pair of groynes, and hence to also determine the location and length of each groyne.

17. Groynes are to be constructed from large concrete cubes placed on top of randomly placed smaller cubes. The head of each groyne is proposed to be armoured with propriety units known as Xblocs. Strongpoints are a line of concrete cubes without an armoured head.

18. The length of each groyne is denoted by the width of shoreline growth required, determined at the position of MHWS. Each groyne to extend 8 m landward of the original MHWS position, and 26.5 m seaward the proposed new MHWS position, hence total length of each groyne is 34.5 m longer than the denoted length in the MCCl reports. Groyne lengths (e.g. designed beach growth) range from 30 m to 5 m. Strongpoints are proposed to project 20 m seaward of the original MHWS.

19. The final shape of the fillet between each groyne, and hence the rate of sediment bypassing each groyne, has been predicted from the shoreline rotation up-drift of the existing groynes at Tukituki and East Clive.

20. The groyne field is to be constructed in three stages:

21. A major 30 m groyne located at East Road, and two 10 m groynes and a strong point located over a 350 m length down-drift (north) to mitigate the erosion effects of the major groyne.

22. A 25 m and 10 m groyne located up to 200 m up-drift (south) of the above major groyne to further increase beach widths along the 21 properties on Clifton Road.

23. The final 4 groynes of lengths between 15 m and 20 m and a strongpoint located up to 1450 m down-drift (north) of stage 1 to stabilise the coast to the Tukituki groyne.

Likelihood of Appeal

24. If HDC were to become applicant they consider that a high likelihood exists of an appeal to the Environmental Court if a conventional HBRC hearing was conducted. HDC further consider that this high likelihood of appeal exists whether the applications are granted or declined.

25. Given this analysis a direct referral process is available to allow more timely, cost effective and efficient decision making for contentious applications.

Evaluation Criteria

26. As the RMA does not provide any guidance for consent authorities considering direct referral applications the combined Regional Council Consent Managers Group produced a set of criteria.

27. It is staff’s opinion that if and when an application is lodged for the coastal protection works described in paragraph 5.15 of this report it would meet all of the attached criteria.

28. Hence staff recommend Council indicate on a ‘without prejudice’ basis that any future Haumoana coastal protection applications be directly referred to the Environment Court.

DECISION MAKING PROCESS

29. 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 the following:

29.1. Sections 97 and 98 of the Act do not apply as these relate to decisions that significantly alter the service provision or affect a strategic asset.

29.2. Sections 83 and 84 covering special consultative procedure do not apply.

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

29.4. People affected by this decision, may be the Haumoana community who will have had the opportunity to contribute through annual plan submissions, and should HDC agree to proceed with the issue, through a special consultative process, proposed by that Council.

29.5. Section 80 of the Act covering decisions that are inconsistent with an existing policy or plan does not apply.

29.6. 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 having given due consideration to 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 to be made.

RECOMMENDATIONS

That Council :

2. That Council either:

2.1 Agrees to meet 50% of the cost of additional work suggested by Mr Serjeant in his report, estimated to cost $100,000.00 including further Unibest modelling to determine the possible down drift effects from the proposed groyne fields and if effects are identified, costs for mitigating those effects, or

2.2 Declines ongoing involvement in investigations associated with the issue and confirms Council’s decision to retreat to a regulatory role.

3. Agrees on a ‘without prejudice’ basis to directly refer to the Environment Court any future resource consent applications made by HDC for Haumoana coastal protection works.

Mike Adye

Group Manager

Asset Management

Darryl Lew

Group Manager

Resource Management

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: Recommendations from the Corporate and Strategic Meeting (This item includes recommendations on the Leasehold Land agenda item) 10.45am

REASON FOR REPORT

1. The following matters were considered by the Corporate and Strategic Committee on Wednesday 13 July 2011 and are now presented to Council for consideration and approval.

DECISION MAKING PROCESS

2. These items have been specifically considered at the Committee level.

RECOMMENDATIONS

Shared Services Initiative

The Corporate and Strategic Committee recommends Council:

2. Engage McGredy Winder & Co to prepare a report on the advantages of shared services and how best this should be structured with reference to advantages, if any, in joining another LASS, specifically the Manawatu/Wanganui LASS and for development with local authorities in the region.

3. Allocate the sum of $10,000 from Project 840 001 (cost code 2380) for the preparation of McGredy Winder & Co report.

4. Investigates efficiency gains that can be made from investigating shared services with neighbouring regional councils.

Regional Economic Development Strategy

2. Receive and adopt the updated Regional Economic Development Strategy.

3. Instruct staff to further progress adoption of the Strategy by Hawke’s Bay Councils together with the Steering Group.

4. Socialise and progress implementation of the Strategy in collaboration with regional stakeholders then review the Strategy in 12 months.

Options to Maximise the Value of the Council’s Investment in Napier Leasehold Land

1. Agrees that there is no requirement to consult on the decision to offer a discount to lessees on freeholding, however the proposal to sell the cash flows from the leasehold portfolio and the purposes for which the sale of proceeds might be used needs to be covered in Council’s Long Term Plan 2012-22.

2. Agrees that to achieve the objectives of maximising value from the Napier leasehold land portfolio, and consequently having funds available to invest in alternative higher yielding assets within the Hawkes Bay Region the following steps are to be taken:

2.1. The Council encourages existing leaseholders to freehold their properties by granting a discount of between 17.5% from the lessor’s interest in determining a purchase price for each freeholding, such discount to apply for all sale and purchase agreements made and settled between the Council and leaseholders by 30 June 2012.

2.2. The Council agrees to meet the legal costs of all cross leaseholders of up to $1,000 per property where an agreement for sale and purchase of a cross leased property has been reached and settled by 30 June 2012 in recognition of the additional special and unique difficulties cross leaseholders have in free holding their properties

2.3. The Council approves the sale of residual cash flows generated from freeholds not sold by 30 June 2012 to investors on terms and conditions to be approved by the Council.

3. Agree that a target for completion of these processes to maximise value from the Napier leasehold land portfolio be set at 31 December 2012.

Share Services Integration Project

2. Approve the funding of $1,295,000 over the three years 2011/12 – 2013/14 to enable the remaining software solutions of Council’s systems integration project to be completed, noting that these remaining solutions include the upgrading of Council’s Website, Intranet, document management system and also provides for the roll out of some of these solutions to Central Hawke’s Bay District Council. It is further noted that the software solutions to be implemented are those proposed by Intergen in response to a request for proposal sent out by this Council.

3. Note that $165,000 of the funding for the Council’s systems integration project is related to the roll out of the document management SharePoint solution to Central Hawke’s Bay District Council.

4. Note that the funding required for the implementation of the remaining software solutions for the systems integration project is consistent with the financial provisions as set out for these projects in the 10 Year Plan 2009-19 with a small increase required to fund shared service initiatives in relation to the software.

5. Note that funding for these projects is to be through loan funding as set out in the 10 Year Plan.

Paul Drury

Group Manager

Corporate Services

Andrew Newman

Chief Executive

Attachment/s

1 View	REDS Development Document	Under Separate Cover
2 View	Supplementary Paper Leasehold Land	Under Separate Cover
3 View	Sainsbury Logan & Williams Letter 19 July 2011	Under Separate Cover

Maori Charter

Attachment 1

cid:image003.jpg@01C939C0.C3275A50

CHARTER

between the

HAWKE'S BAY REGIONAL COUNCIL

and the

MAORI COMMITTEE OF COUNCIL

Adopted December 2002

Reviewed and Revised June 2011

1. Background

The initial groundwork for the establishment of tangata whenua direct input into Regional Council began before the 1989 reorganisation of local government and before the requirements of the Resource Management Act 1991.

The then Hawke's Bay United Council recognised the need for special input into decision making by Maori, and established a consultative committee of tangata whenua to provide input into a variety of issues.

Special mention should be made of the work of the late Ngarangimataeo Eru Smith and the Chairman of the Council at that time, Harry Romanes, for the vision and energy provided to achieve this process.

In terms of the new Regional Council, a Maori consultative committee was not formalised until requested by tangata whenua following a hui at Kohupatiki Marae in June 1990. The iwi at this hui requested that:

"Hawke's Bay Regional Council amend their structure to include a
‘Maori Standing Committee'".

This request was duly considered by Council and adopted in July 1990.

The Maori Committee consisted of twelve Maori members and three Council representatives. There were three Maori members elected by the iwi in their respective districts representing Wairoa, Napier (Ahuriri), Hastings (Heretaunga) and Central Hawke’s Bay (Tamatea). These three members represented the Maori Executive, the Taiwhenua and a kaumatua, from each district.

The relative roles are:

a) The Maori Executive is representative of Maori and hapu, and most marae in the rohe (area).

b) Taiwhenua represents Maori in the rohe (area) including taura here (those without a ‘connection’ or ‘whakapapa link’ to Hawke’s Bay).

c) An appropriate kaumatua is nominated to represent kaumatua from that rohe (area).

The committee commenced meetings in September 1990 under the Chairmanship of Bill Bennett.

The first stated purpose of the Committee was to "make recommendations to the Council on matters of general concern, which affect Maori people of the Region, and fulfil the Maori consultative undertakings of the Council's Annual Plan".

It must be stated that generally the feeling amongst those Maori involved in this process was that this was a compromise solution, that while not acknowledging the full spirit of the Treaty of Waitangi, it did provide, for the first time, an input directly into local government.

It is against this background that the present Committee has forged a strong commitment to achieving Maori input into decisions made by the Regional Council.

2. Introduction

It is important to establish the place of the Regional Council and its relationship with the iwi and the Crown.

2.1 The Treaty of Waitangi is between the Crown, iwi, hapu and whanau.

2.2 The Hawke's Bay Regional Council is a statutory body with powers and responsibilities delegated to it by the Crown.

2.3 Councillors of the Hawke's Bay Regional Council are elected by the regional community and are accountable to that whole community, with the primary focus of the Council being environmental stewardship.

2.4 Hapu have mana whenua and mana moana (tino rangatiratanga – self-determination, control over their own affairs) relating to the land or sea, as established in the Treaty, and the Council exercises its functions as established by legislation.

2.5 It is established that in most given situations the Council will communicate to and consult with hapu/marae/tangata whenua via the contact(s) established by the Maori Committee. It is vital where contact is made, or is on-going between the Council and hapu/marae/tangata whenua, that the relevant members of the Maori Committee are kept informed of developments.

2.6

Model of Communication

Iwi, Hapu, Maori Hawke's Bay

Whanau Committee Regional Council

3. Vision

He Toa Takitini – “Strength in Unity”

4. Purpose of the Charter

The purpose of the Charter is to outline the relationship between the Hawke's Bay Regional Council and the Maori Committee of Council, highlighting:

· the clear understanding of the basis and on-going conduct of the relationship

· that the relationship is one of mutual benefit, and

· the involvement of the Committee in decision-making processes.

5. Purpose of Maori Committee

The purpose of the Maori Committee is seen as three-fold:

5.1 Actively participating in relevant decision-making, policy development and other activities of the Hawke's Bay Regional Council.

5.2 Initiating effective hapu/marae/tangata whenua interaction with the Hawke's Bay Regional Council.

5.3 Advising Council how to deal with particular issues affecting tangata whenua in particular.

6. Committee Kawa (Protocol)

6.1 The Committee will meet on calendared dates as agreed by Council for the purpose of discussing relevant agenda business put forward by either the Council or tangata whenua.

6.2 Such meetings will generally be every second month with the ability for the Chairman to call extra meeting(s) if required to deal with specific and/or urgent business.

6.3 At least two meetings per year will be on marae. {Rescinded. See Maori Committee meeting minutes 27 April 2005}*

6.4 The Committee shall elect a Chairman to conduct the meetings of the Maori Committee and perform other functions of the Committee as appropriate. The Chairman shall be elected from the Maori members of the Committee.

6.5 The Chairman shall be elected for the term of the Committee but shall not be precluded from a subsequent term as Chairman if so nominated.

6.6 At the beginning of its three year term the Committee will develop a Plan setting out the objectives for the rest of the three year term.

6.7 The meetings of the Committee shall be conducted in accordance with standing orders of Council while at times recognising the process of tikanga Maori (Maori custom and practice).

6.8 The Maori members of the Committee may hold a pre-meeting prior to the meeting proper to network and clarify issues to be raised at the meeting proper.

6.9 When meeting on marae the Standing Orders will be suspended to allow marae kawa.

6.10 Each rohe (area) may appoint a ‘stand in’ representative to attend committee meetings if a regular representative from their area is unavailable, but this right is to be used as infrequently as is possible to ensure continuity and familiarity by appointed members.

7. Maori Committee Members' Responsibilities

Maori Committee Members will:

7.1 Ensure consultation and feedback to hapu/marae and other Maori organisations.

7.2 Put forward appropriate agenda items for discussion by the Committee.

7.3 Promote appropriate tangata whenua issues during the Council’s Annual Plan process.

7.3 Ensure that the work of the Maori Committee is aligned with hapu aspirations which, in turn, are appropriately promoted for Council consideration when developing the Council Long Term Plan (LTP), LTP review and/or Annual Plan.

7.4 Liaise with hapu/marae/tangata whenua when required to assist direct contact with the Council.

7.5 Provide the Regional Council with appropriate tangata whenua contacts as and when necessary.

7.6 When requested by Consents staff, provide appropriate tangata whenua contacts for those deemed ‘affected’ by a notified resource consent application.

7.7 Promote tangata whenua interests in the Council's decision-making processes.

7.8 Assist Council to avoid disputes involving tangata whenua issues.

8. Responsibilities of Councillors on the Maori Committee

Regional Councillors on the Maori Committee will:

8.1 Seek an understanding of the issues relevant to the Regional Council which are of importance to the tangata whenua.

8.2 Represent and reflect the Council’s policies, plans and responsibilities to the Maori Committee.

8.3 Promote an understanding of the concerns and reflect the resolutions of the Maori Committee to Council.

8.4 Assist with the promotion and support of hapu aspirations, which have been supported by the Maori Committee, when developing the Council’s LTP, LTP review or Annual Plan process.

9. Te Tiriti O Waitangi (Treaty of Waitangi) Policies

(The Treaty Article relevant to each Policy is shown in brackets)

9.1 The Hawke's Bay Regional Council acknowledges that:

9.1.1 Major aspects of the Resource Management Act and Local Government Act place particular responsibilities on the Council regarding its involvement with Maori. (Article One)

9.1.2 It is necessary and valuable to have Maori input into decision-making and policy development, where appropriate. (Article One & Two)

9.1.2 There are special requirements of Council to consult with tangata whenua over matters of interest to Maori. (Article Two)

9.2 Policies

9.2.1 Resource Consent Process (Article One & Two)

9.2.1.1 The Council will provide a process to allow relevant tangata whenua to have a meaningful input into publically notified or limited notified resource consent applications that affect them as either hapu/marae or iwi.

9.2.1.2 Relevant Maori members of the Maori Committee will at times be asked to provide appropriate tangata whenua contacts in relation to resource consent application(s) and in particular notified consents.

The appropriate contacts will be required to represent Tangata Whenua’s views in relation to the proposed activity requiring resource consent and may involve formal submissions either supporting or opposing the application and appearing at consent hearings.

9.2.1.3 The process will be reviewed at least every three years with members of the Committee to ensure it is still relevant and effective.

9.2.2 Consultation/ Communication (Article One & Two)

9.2.2.1 "Consultation is an essential component of giving effect to the principles of the Treaty rather than an accepted principle of the Treaty itself" (Parliamentary Commissioner for the Environment, Proposed Guidelines for Local Authority Consultation with Tangata Whenua, P5, June 1992).

9.2.2.2 The Council and Maori Committee acknowledge the elements of effective consultation as established through the Courts:

a) That sufficient information is provided to the consulted party, so that they can make informed decisions,

b) That sufficient time is given for both the participation of the consulted party and the consideration of the advice given, and

c) That genuine consideration of that advice, including an open mind and a willingness to change, is shown.

d) That consultation must be carried out in good faith by both parties.

9.2.3 Consultation Policy for tangata whenua Issues (Article One & Two)

Kanohi ki kanohi – Pokohiwi ki pokohiwi

Face to face – Shoulder to shoulder

9.2.3.1 In a wide variety of the Council’s work there will be a need for effective consultation/communication with tangata whenua.

9.2.3.2 The Council will endeavour to identify those with mana whenua (authority for that land) through the appropriate members of the Maori Committee on relevant occasions and in particular for resource consent applications.

9.2.3.3 The Council will endeavour to meet kanohi ki kanohi (face to face) at an appropriate venue, such as marae.

9.2.3.4 The Council will acknowledge the mana (integrity) of the hui (meeting) by sending senior staff and where appropriate Councillors. That is, those who can make the decisions.

9.2.3.5 Where there are on-going meetings required, Council will ensure that the relevant member of the Maori committee is kept informed about developments and involved directly at an early stage if there is a possibility of an impasse.

9.2.3.6 The Council will allow such time as is reasonable for a decision to be made allowing for tikanga Maori (Maori custom and practice) and thereby maximising the chances of a decision where the Council and tangata whenua will be pokohiwi ki pokohiwi (shoulder to shoulder) on the issue.

9.2.3.7 The Council’s commitment is, through a process of pokohiwi ki pokohiwi, to achieve a result where all parties are confident that their voice has been heard and respected and that the outcome has their support. It is accepted, however, that on rare occasions the Council may have to use its statutory powers or to refer issues to the legal system as a measure of last resort.

9.2.4 The Council will, within its statutory responsibilities, exercise its duty to protect Maori taonga (treasures) to the fullest extent practicable. (Article Two & One).

9.2.5 The Council will resource tangata whenua, where appropriate, to ensure adequate consultation at a meaningful level is achieved on relevant issues. (Article Two & Three).

9.2.6 The Council in making any decision will ensure that the results of any consultation with tangata whenua are fully considered. (Article Two & Three).

9.2.7 Waahi Tapu (Article Two)

9.2.7.1 The Council will exercise its responsibility to assist tangata whenua to protect and preserve waahi tapu sites, in the coastal marine area, on the beds of lakes and rivers and on Council owned or administered land.

9.2.7.2 Council acknowledges that only tangata whenua can identify waahi tapu and decide on the importance of any particular waahi tapu.

9.2.7.3 Council will provide a facility to allow the registering of waahi tapu sites.

9.2.7.4 Council will take all practical measures to protect the sanctity of waahi tapu sites within the reasonable bounds of budgetary restraints.

9.2.7.5 Council will respect the wishes of hapu/marae who wish to keep the actual site of a particular waahi tapu secret by recording a general locality indicator, or by operating a ‘silent file’ for limited access.

9.2.7.6 Council will give the utmost respect to information given by hapu/marae, in confidence.

9.2.8 The Council will investigate which powers could be transferred to recognised nga hapu. (Article Two).

9.2.9 The Council will lift the general awareness within Council of the significance of Maori issues. (Article Three)

9.2.10 The Council will provide training, particularly of Officers and Councillors of the Council, in relation to bi-cultural awareness and issues. (Article Three)

9.2.11 The Council will provide relevant training to members of the Maori Committee. (Article Three)

10. Council’s Commitment to the Maori Committee

Council, in acknowledging the necessity and value of Maori involvement in decision-making and policy development, will:

10.1 Appropriately resource the Maori Committee.

10.2 Resource Maori Committee meetings on marae when appropriate and also relevant consultation hui.

10.3 Maintain two positions on each of the Council’s Environmental Management and Asset Management & Biosecurity Committees for representatives from the Maori Committee.

10.4 Maintain two positions on the Council’s Strategic Planning and Finance Committee, one of whom shall be the Chair of the Maori Committee.

10.5 Maintain one position on the Hearings Committee for a representative from the Maori Committee.

10.6 Where a new Maori Committee has not been established after a local body election, Council will support previous Maori Committee representatives attending, with voting rights, relevant initial Council committee meetings. This will maintain continuity until the Maori Committee nominates its new representatives. This will also include the Maori Committee representative(s) on any Hearing Committee that transverses the election process.

10.7 Maintain one position on other Council Committees/Task Groups to provide Maori input where the focus of the Committee has a direct impact on Maori.

10.8 Have the Chairman of the Maori Committee as a participant at the full Regional Council meetings.

10.9 Councillors and appropriate staff will hold a wananga (‘seminar’) with kaumatua from throughout the rohe (area) to listen to the issues that are of importance for these iwi leaders at times when it is considered appropriate by either party.

10.10 Maintain a strong working relationship with Ngati Kahungunu Iwi Incorporated.

10.11 As and when relevant, source appropriately experienced Maori to undertake specific work for the Council.

10.12 Ensure the Chairman (and through him/her the members) of the Maori Committee is provided with the background information relating to Council’s meeting agendas.

10.13 Be particularly mindful that tangata whenua are not adversely affected in the decision-making process when applying Council’s policy on significance when the outcome has a clear impact on tangata whenua.

11. Evaluation

To provide an evaluation of the effectiveness of the Maori Committee, the Maori Committee may request that an evaluation of its role, functions and performance be arranged by Council. Council may also indicate its intention to evaluate the role, functions and performance of the Maori Committee.

Notwithstanding this process, the Maori Committee will provide an opportunity for a discussion of the Committee’s performance at the last committee meeting each calendar year.

The Charter will be reviewed every three years.

11.1 To ensure the vitality of the relationship established by this Charter, the performance of the Council and the Maori Committee in their respective roles will be evaluated.

11.2 To assess the effectiveness a measurement tool will be developed and used as follows:

11.2.1 On an annual basis the Committee may review any Charter issues coupled with progress on the Committee’s 3-year plan. An opportunity for this will be provided at the last Committee meeting in a calendar year.

11.2.2 Before the end of the Committee’s 3-year term an auditor will be commissioned by the Council to conduct an audit of the performance of the Council and Committee relative to the Charter and the 3-year Plan during that period.

11.2.3 In addition, the Charter will be reviewed again in 2007 unless deemed necessary prior to this time.

12. Summary

This Charter is a statement of the agreed principles of participation between the Hawke's Bay Regional Council and the Maori Committee of Council.

It sets out the broad parameters under which the parties will interact.

The creation of the Maori Committee of Council has been an important step in the process of acknowledging tino rangatiratanga in Hawke's Bay.

While it is not intended to be a legally binding document, the Charter is entered into by both parties with the utmost good faith.

The Charter is a continuation of the process to enable tangata whenua to have a meaningful voice in local government, and is based on the trust that has been established between the two groups.

December 2002

* Amended May 2005

*Reviewed April 2011

Signed…………………………………………………………………Signed………………………………………………………………

Fenton Wilson Mike Mohi

Chairman of the Chairman of the

Hawke’s Bay Regional Council Maori Committee

Date…………………………………………………………………….Date…………………………………………………………………..

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: Heretaunga Plains Urban Development Strategy (HPUDS) - Memorandum of Understanding (MOA) and Terms of Reference (TORs) Approval

REASON FOR REPORT

1. The purpose of this report is for Council to endorse the Heretaunga Plains Urban Development Strategy Implementation Committee’s Terms of Reference (TOR) and the Memorandum of Agreement (MOA) following their review by the Implementation Committee.

Background

2. The TOR and the MOA have previously been considered by the Strategic Planning and Finance Committee and the Council. The original Terms of Reference was endorsed but the Memorandum of Agreement was not, pending review by the Implementation Committee.

Comment

3. The Heretaunga Plains Urban Development Implementation Committee had its first meeting on Friday 15 July 2011. The members from the partner Councils include:

3.1. Crs Alan Dick and Eileen Von Dadelszen ( HBRC)

3.2. Crs Ru Collin and Mick Lester (HDC)

3.3. Crs Rob Lutter and Tony Jeffery (NCC)

4. The mayors and the regional council chair are ex-officio members.

5. Mayor Barbara Arnott was appointed as the Chair and Cr Mick Lester was appointed as the Deputy Chair.

6. With regard to mana whenua representation, the Implementation Committee resolved that a representative should be sought from each of the relevant claimant groups being Mana Ahuriri and He Toa Takitini (Heretaunga).

7. It was also confirmed that the Implementation Committee was ‘working party’ and not a formal Committee constituted under the Local Government Act.

8. Attachment 1 and 2 sets out the changes (tracked) to the Memorandum of Agreement and the Terms of Reference as recommended by the Implementation Committee.

DECISION MAKING PROCESS

9. 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 the following:

9.1. Sections 97 and 98 of the Act do not apply as these relate to decisions that significantly alter the service provision or affect a strategic asset.

9.2. Sections 83 and 84 covering special consultative procedure do not apply.

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

9.4. The persons affected by this decision are residents and ratepayers within the Heretaunga Plains Urban Development Strategy sub-region.

9.5. The options considered are to endorse the Terms of Reference and the Memorandum of Agreement, endorse them with changes or not endorse them. Given that the Council is already a partner Council in the Heretaunga Plains Urban Development Strategy, to not endorse the documents are not really an option. Given that Council is well represented on the Implementation Committee and has been involved in the review, it is proposed that the Council endorse the documents without further change.

9.6. Section 80 of the Act covering decisions that are inconsistent with an existing policy or plan does not apply.

9.7. 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 having given due consideration to 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 to be made.

RECOMMENDATIONS

That the Council :

2. Endorse the Terms of Reference and Memorandum of Agreement for the Heretaunga Plains Urban Development Strategy Implementation Committee.

Helen Codlin

Group Manager

Strategic Development

Andrew Newman

Chief Executive

Attachment/s

1 View	HPUDSIC Amended MOA 15 July 2011
2 View	HPUDSIC Amended TOR 15 July 2011

HPUDSIC Amended MOA 15 July 2011

Attachment 1

A G R E E M E N T

This Agreement establishes the principles and approach of the parties in respect of the implementation of the Heretaunga Plains Urban Development Strategy.

B E T WE E N

H A S T I N G S D I S T R I C T C O U N C I L,

N A P I ER C I T Y C O U N C I L,

H A W K E ’S B A Y R E G I O N A L C O U N C I L,

M A N A WH E N U A

1. Objective

The objective of this Agreement is to:

ESTABLISH the principles and approach to implementation, monitoring and review between the parties in order to facilitate co-operation, collaboration and coordination of growth management responsibilities in the Heretaunga Plains area.

2. General Principles

The parties to this Agreement:

a) SUPPORT the aim of Heretaunga Plains Urban Development Strategy to provide a comprehensive sub-regional framework for growth management to address a wide range of key regional issues relative to economic, social, cultural, environmental and developmental objectives for the Heretaunga Plains.

b) RECOGNISE AND SUPPORT the established ~~voluntary,~~ co-operative and coordinated approach to growth management in the Heretaunga Plains and that such an approach between ~~regional and~~ local government and relevant community sector groups must be continued and fostered.

c) ENDORSE the continued use of the Heretaunga Plains Urban Development Strategy as the primary sustainable strategy for the Heretaunga Plains ~~and encourage it to be used by regional and local government and relevant community sector groups.community sectors~~ to ~~collaboratively~~ ~~manage growth~~.

d) RECOGNISE that the Heretaunga Plains Urban Development Strategy provides a policy and planning framework which will guide growth management in the Heretaunga Plains ~~out~~ to 2045.

e) COMMIT to the implementation of sub-regional approaches to the funding of growth related infrastructure that will use a number of funding mechanisms. Funding for the implementation of the Strategy shall come from each authority to pay for administration costs to 2016 (and by joint agreement) studies or projects. Projects (for example, district plan changes) that benefit individual local authorities are funded by those individual authorities~~, including regional public wealth throughout the Heretaunga Plains area on an equitable basis together with appropriate Heretaunga Plains area and district funding mechanisms~~.

The parties to the Agreement also acknowledge:

~~a) The benefits of growth management planning and the need to share responsibility for such planning between amongthe parties in consultation collaboration~~ ~~with~~ ~~with key relevant community sector groups and in consultation with the sub-regional community.~~

f) The Heretaunga Plains Urban Development Strategy Implementation Committee has been established to ensure that the approved recommendations and associated actions are ~~taken up~~acted upon by each party ~~both~~ on an the individual and collective basis as defined by the Strategy.

g) The Heretaunga Plains Urban Development Strategy provides for ~~more~~ ~~desirable~~ effective strategic planning ~~on a regional and sub-regional basis~~ and will facilitate coordination ~~between~~ among the parties in carrying out their responsibilities including ~~terms of~~ infrastructure and service provision, public works, policy development, environmental management and general planning activities.

3. Heretaunga Plains Urban Development Strategy Approach

The parties to this Agreement will continue to support the implementation, monitoring and review of the Heretaunga Plains Urban Development Strategy. All parties have a responsibility ~~both~~ collectively and individually to:

· ~~Acknowledge the agreed outcomes of the Heretaunga Plains Urban Development Strategy process in the development and application of policy and programmes as they affect the Heretaunga Plains region and~~

· Commit in a cooperative spirit to the implementation of appropriate outcomes as appropriate through statutory planning instruments and policy processes, as well as capital works and service delivery programmes.

· ~~Have regard to the objectives and principles contained in Heretaunga Plains Urban Development Strategy in undertaking programmes and activities.~~

· ~~Nominate representatives to participate in the Heretaunga Plains Urban Development Strategy Implementation Committee activities on the basis of providing a coordinated response from each party.~~

· ~~Undertake co-operative and coordinated delivery of programmes~~

· ~~Act in accordance with the co-operative spirit of the Heretaunga Plains Urban Development Strategy Implementation Committee~~ ~~and~~ ~~contributing to the implementation of agreed Heretaunga Plains Urban Development Strategy outcomes.~~

· ~~Promote a coordinated approach to Heretaunga Plains development consistent with the agreed outcomes of Heretaunga Plains Urban Development Strategy.~~

a) Integrate social, economic, cultural and environmental management of their areas within a sub-regional context.

b) Develop a sub-regional decision-making process amongst the parties to deal with matters of sub-regional significance which affect local communities.

c) Consider private plan changes in a collaborative manner when they have potential to impact on strategy implementation.

4. Implementation, Monitoring and Review

The parties to this agreement have:

a) Endorsed the Heretaunga Plains Urban Development Strategy as the primary growth management strategy for the Heretaunga Plains and each agency will have regard to in its planning, budgetary, and programme activities, and infrastructure provision.

b) Endorsed the Heretaunga Plains Urban Development Strategy as the basis for cooperative management of growth in the Heretaunga Plains by all local government in the sub-region, mana whenua, relevant community sector groups and government agencies.

c) Committed to participate in implementation, monitoring and review of the Heretaunga Plains Urban Development Strategy. ~~in accordance with the arrangements outlined in the approved Heretaunga Plains Urban Development Strategy.~~

d) Initiated action to enable the implementation of the agreed principles and priority actions contained in the Heretaunga Plains Urban Development sStrategy ~~ies~~ and associated implementation plan.

e) Committed ~~ment~~ to timely implementation particularly in order to meet ~~as it is significant to the establishment of~~ the requirements of the statutory policy framework.

f) ~~Committed~~ ~~Undertake~~ Agreed to ~~not adopt~~ensure policies or actions ~~which~~ are inconsistent with the outcomes sought by the Heretaunga Plains Urban Development Strategy.

· ~~, without them being negotiated with the other partners.~~

5. Interpretation

a) Local government means the Hastings District Council, Napier City Council and Hawke’s Bay Regional Council.

b) Heretaunga Plains Urban Development Strategy means the Heretaunga Plains Urban Development Strategy as approved by the partner councils and supported by mana whenua.

c) Heretaunga Plains Urban Development Strategy Implementation Committee is the committee tasked with overseeing the implementation of the approved strategy. It comprisesof two representatives of each council and two mana whenua representatives + ex officio members (which are Mayors and Regional Council Chairman).

a) Heretaunga Plains means that area defined by the Heretaunga Plains Urban Development Strategy comprising parts of Hastings District and Napier City and that part of the Hawke’s Bay Region. all of the land within the administrative areas of Hastings District and , Napier City, and includes that part of the administrative area of Hawke's Bay Regional Council as it relates to the two territorial local authorities.within the boundaries of Hastings District and Napier City.

e) Sub regional – means that area defined by the Heretaunga Plains Urban Development Strategy comprising parts of Hastings District and Napier City and that part of the Hawke’s Bay Region.

Any questions of interpretation are to be raised with the parties to the agreement and collectively resolved. The parties agree to act in good faith ~~in respect of~~ ~~implement~~to implement~~ing~~ this agreement.

This agreement takes effect on the date it is signed by all parties and will continue until changed or modified as mutually agreed by the partners on the recommendation of the Heretaunga Plains Urban Development Strategy Implementation Committee.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: CHBDC Waste Water Project

REASON FOR REPORT

1. Council has received a request from CHBDC to support their proposed waste water upgrading projects for Waipawa and Waipukurau by making available an interest free loan of $800,000 from the HBRC reserve fund available for waste water projects with the intent of speeding up the implementation of the land treatment scheme.

2. This paper explains the proposed project and seeks Council’s agreement making the loan facility available to CHBDC.

Background

3. Council has been actively working with CHBDC on this project. Council land purchased over the last 3 years and planted in forest during the 2010 winter will be irrigated with waste water as a key part of the waste water treatment project.

4. Science advice is that at river flows above 3 times the median, river bed gravels become mobile and algal growth is washed off, thus the ecological system within the river is disrupted and reset. Accordingly at flows above 3 times the median, discharges of waste water directly to the river have minor or no impact on river ecology and water quality.

5. The proposed waste water treatment system for Waipukurau and Waipawa is being designed to:

5.1. Treat effluent through irrigation to the forest blocks when soil moisture content is below field moisture capacity.

5.2. Discharge effluent directly to the river when river flows are above 3 times the median flow. Typically these flows occur more often during the winter months.

5.3. Store effluent when conditions do not allow irrigation or direct river discharge to occur.

6. The outcome of the project is that no effluent will be discharged to the river during periods of summer low flow in the river.

7. Staff are working with CHBDC to progress the project, such that waste water can be discharged to the Waipawa and Waipukurau forest blocks as soon as possible, thus removing waste water discharges into the rivers during summer low flow periods. Staff believe that construction of irrigation infrastructure onto the Waipawa forest block is achievable over the 2011/12 summer, with construction over the Waipukurau block the following summer. Details of the resource consent procedure to achieve this are being worked through with Council’s resource consent section.

8. This proposed programme of work is in advance of the programme of work proposed by CHBDC and included in their budgets. Accordingly, they are seeking additional support from Council to assist with the funding necessary to achieve this.

9. The estimated cost of completing the 2011/12 proposed programme of work outlined above is $2,550,000. Currently CHBDC have a provision of $600,000 in the 2011/12 for this project and are considering how to fund the balance. Assistance from this Council will greatly assist CHBDC to remove effluent flows from the river as soon as possible.

10. Council set aside a sum of $1,000,000 some years ago to assist TLAs to fund projects to improve waste water treatment facilities in rural areas throughout the region. This fund was utilised to assist HDC establish improved waste water treatment for Waipatiki, but is currently held by Council and no further requests have been received by Council. $800,000 is currently available within this fund.

11. Accordingly staff recommend that, subject to a binding agreement between the two parties setting out the terms and conditions of the loan, including repayment, it be made available to CHBDC for a 5 year period interest free in order that they can progress the construction of Waipawa and Waipukurau waste water treatment as soon as possible. Subject to logistics and the resource consent process, the objective is for irrigation of effluent from the Waipawa oxidation pond onto the forest blocks owned by Council during the summer of 2011/12, and from the Waipukurau oxidation ponds during the following summer.

DECISION MAKING PROCESS

12. 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 the following:

12.1. Sections 97 and 98 of the Act do not apply as these relate to decisions that significantly alter the service provision or affect a strategic asset.

12.2. Sections 83 and 84 covering special consultative procedure do not apply.

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

12.4. There are no persons affected by this decision.

12.5. The options considered are set out in the report.

12.6. Section 80 of the Act covering decisions that are inconsistent with an existing policy or plan does not apply.

12.7. 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 having given due consideration to the nature and significance of the issue to be considered and decided, and also the persons likely to be effected by or have an interest in the decisions to be made.

RECOMMENDATIONS

That Council :

2. Agrees that, subject to a binding agreement between the two parties setting out the terms and conditions of the loan, including its repayment, an interest free loan of $800,000 from Council’s waste water reserve be made available to Central Hawke’s Bay District Council for a 5 year period in order for them to bring forward the construction of waste water treatment facilities for Waipawa and Waipukurau. Subject to logistics and the resource consent process, the objective is for irrigation of effluent from the Waipawa oxidation pond onto the forest blocks owned by Council during the summer of 2011/12, and from the Waipukurau oxidation ponds during the following summer.

Mike Adye

Group Manager

Asset Management

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT July 2011 Work Plan Looking Forward

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	Report to go to Council or Committee as indicated
Asset Management	· Review of Heretaunga Plains Scheme	Review options for changes to levels of service for Heretaunga Plains Flood Control and Drainage Scheme – Rivers including cost/benefit analysis of options in August.
	· Asset Management Plan reviews	Reviews of Asset Management Plans commenced. Committee approval for reviewed plans will be sought by November 2011.
	· Biosecurity	Regional pest management strategy review submissions considered by AM&B Committee in May. Draft document to be prepared for August.
	· Management of Coastal hazards at Haumoana / Te Awanga	Briefing paper presented for Council consideration at this meeting
	· Land Management	A number of strategies to improve effectiveness of Council land management investment being developed. Report to Council planned for September.
	· CHB District Council Wastewater project	System design and consenting progressing.
	· Mahia Wastewater project	Land purchase being finalised. Forest establishment planned for winter 2011.
	· Tangoio and Tutira	Recreational plan for area being developed. Planned for report to Council in September.
	· Accommodation	Plans being progressed for upgrade to Guppy Road office accommodation and review of Dalton Street.
Resource Management	· Appeal mediation processes underway for: o Twyford o AFFCO o Opoutama Wastewater o Mexted & Williams	Ongoing
Strategic Development	· Development of the Water Strategy with input from the Reference Group. More meetings may be required.	A Draft Land and Water Strategy to the Reference Group likely in August.
	· Schedule 1 RMA process for Variation 1 (Rivermouth Hazard Areas) to proposed Regional Coastal Environment Plan. Awaiting technical evidence then officers report will be prepared.	Hearings to be scheduled late 2011.
	· Schedule 1 RMA process for Onsite Wastewater change, plus subsequent hearing process.	Notification 13 July 2011. Hearing possible late 2011, subject to complexity of submissions received.
	· Drafting of objectives and policies for RPS to incorporate HPUDS/ Stormwater and Wastewater. Also liaising with key stakeholders on draft provisions. Aiming to notify Change in October 2011.	Draft growth and infrastructure RPS plan change to a Committee in August.
	· Publish Draft Taharua Strategy. Strategy to be released for public comment over 3 week period July/August 2011. Will inform direction for Taharua Plan Change intended for notification end 2011.	Report on comments received and any recommended amendments to Strategy to a Committee in August if possible. Draft Taharua Plan Change to a Committee late 2011.
Corporate Services	· LTP timelines	July 2011 Council meeting.
	· LTP Timelines and recommended meetings	August 2011 Council meeting.
External Relations	· Freshwater Governance and Management – Collaborative sector approach to Implementation of NPS	Ongoing
	· Continuation of discussions with Treaty claimant groups on development of Regional Planning Committee Terms of Reference	Final version of Terms of Reference for Council approval in August
	· Publication of 2010 State of the Environment Report	August 2011
	· Liaison with Massey University to prepare for visit by University of Michigan.	Programme prepared for 1 August to include site visits.
Operations/ Water Group	· Ruataniwha Water storage – Work over the next month involves: Evaluation and award of tender for the significant elements of the environmental works programme which have been developed from 13 study scopes. Stakeholder, and leadership group meetings are programmed, while site visits are planned for landowners & CHBDC councillors. Site visits are also planned for the Engineering consultants and geologists as part of finalising geotechnical issues in early August.	Ongoing
	· Cycleways – Work is progressing on construction of the coastal section of the water trail, as tendered and supervised by Napier City Council. Work has also commenced on the HBRC section of the trail with the construction of a bridge opposite Prebenson drive and delivery of limesand in preparation for trail works. · Work is being carried out on a revised bid process with the Ministry of Economic Development due to the failure in confirming an option for the Craggy Range ride ($1.1m). Options being considered include additional section of the Water and Landscapes trials , as well as sections of the Winery ride. This feasibility variation is due by 31 July 2011 for consideration.	Ongoing
	· Final Pre Feasibility report for Ngaruroro Water storage project now complete, with Landowner, Stakeholder and Community meetings scheduled for 21 July 2011 at Pettigrew Green Arena.	Ongoing
CE’s Office	Ÿ Draft strategic plan to be developed post 10 May workshop and discussion document.	Staff workshop end of August.
	Ÿ Freshwater Governance and Management – sector workshops on allocation, limit setting and regulatory agility aligned with NPS for freshwater workshops completed in May – detailed work program being discussed with RSG subgroup	Ongoing
	Ÿ Regional sector alignment with “LAWF” (Land and Water Forum) grouping going forward. HBRC CE attended LAWF meeting June 23 on behalf of Regional sector to discuss this relationship	Ongoing LAWF due to submit proposal to CE’s sub group in next week
	Ÿ Treaty Settlements – further work with Claimant Groups	Ongoing
	Ÿ Investment Portfolio scenarios – further development of detailed business cases for 10 Year Plan.	November
	Ÿ Ongoing engagement in regional water strategy and Water storage feasibility projects	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 July 2011 Work Plan Looking Forward report.

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: Youth Environment Council

REASON FOR REPORT

1. Make Council aware of the work of this passionate group of young people, grow the profile of the group within HBRC and the region and to provide a link between HBRC Councillors and Youth Council.

Background

2. The Hawke’s Bay Youth Environment Council (HBYEC) is facilitated by HBRC staff member – Community Engagement Coordinator, Emily Rockwell. The group is made of local high school students who are environmental leaders within their schools. The aim of this group is to represent and be the ‘voice’ of the youth of the Hawke’s Bay region, with regard to environmental issues, awareness and education. Most of the students join the group during year 11 or 12 and finish during year 13, giving them at least 2 years to gain knowledge and leadership experience.

3. The aim of year 1 is to gain knowledge and get involved in many of the local environmental organisations. This gives students an understanding of their key functions and provides them an opportunity to volunteer with organisations that they may not otherwise be aware of. HBYEC members volunteer their services with any of the following organisations:

· Sustaining Hawke’s Bay Trust

· The Environment Centre

· Trees for HB Nursery

· The Faraday Centre,

· ECOED,

· Department of Conservation,

· Keep Napier Beautiful,

· The National Aquarium,

· Guthrie Smith Arboretum, Forest and Bird

· and Hawke’s Bay Regional Council

4. The aim of year 2 is for students to gain leadership skills. Students will have learned about the variety of local organisations (during year 1), and can now focus on 2 or 3 of these organisations which interested them most. Students continue to volunteer their time with the objective of assuming a stronger coordination or leadership role. This volunteer work could include: assisting or leading a tour for the organisation, assisting in the facilitation of a course, helping to maintain information on a website, assist in the coordination and or implementation of an event, and/or helping to develop a new resource for the organisation.

5. In addition to volunteering, this group is responsible for:

6. Organising the annual Youth Jam - an event for environmentally minded students from all Hawke’s Bay high schools. This year it was a 2 day event held at EIT Marae and they had workshops on climate change, marketing, world poverty, film making and communications. The service project was a “Waste Audit” on EIT. This generated a report which will inform the senior management on the success of their waste system.

7. The HBYEC webpage – hosted on the Hawke’s Bay Regional Council (HBRC) website and will be overseen by HBRC’s External Relations staff.

8. The HBYEC Facebook page - contains pictures of events and information about the group. This page currently has 260 “friends” of youth from around Hawke’s Bay and New Zealand.

9. Organising events and activities for local youth to participate in throughout the year, such as river clean-ups, specific school events, public presentations and promote sustainability initiatives throughout their school community.

10. Many of these students are recognised as national environmental leaders and are chosen to participate in conferences outside of Hawke’s Bay. Some of these events include Sir Peter Blake Youth ‘Enviroleaders’ Forum, NZ Association for Environmental Education Conference and Regeneration Summer Jam.

11. Students from HBYEC have contributed toward HBRC staff work including the Water Symposium in March, the Breakfast Speaker Series, public events such as Sea Week, Karamu planting days and the future scenarios project HB2050 Land, River Us.

12. HBYEC are aware that Council will be addressing the 10 Year Plan process next year. They are keen to work with Councillors and staff to better engage youth. They would like to help youth understand the 10 year plan process and get youth involved in submissions.

DECISION MAKING PROCESS

13. 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 report.

Emily Rockwell

Community Engagement Coordinator - Schools

Drew Broadley

Community Engagement and Communications Manager

Liz Lambert

Group Manager External Relations

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 27 July 2011

SUBJECT: Quarterly Significant Initiatives Update for Council

REASON FOR REPORT

1. Significant council resources are being directed toward various initiatives which reflect the Council’s evolving agenda and it is considered important that Council is more consistently informed on progress in areas that have a high external profile.

2. This is not intended to be a ‘repeat’ of information reported through the Project Narratives or Group Summaries, but rather ‘additional’ information or statistics not contained within those documents. Staff will provide these updates within the quarterly Annual Plan reporting timeframes.

WATER

Water Metering

3. Since November 2010, 225 consent holders, with approximately 390 individual resource consents are using Council’s new web entry system to report their water use, with more consent holders joining weekly.

4. Since January 2011 125 numbers of meters have been installed mostly as a result of the Twyford consent process

5. 35 consent holders have installed telemetry and are using it as their main water use reporting mechanism

Water Storage

Ruataniwha Water Storage

6. Work is progressing on the full feasibility programme with significant elements of work being undertaken on geotechnical and further engineering investigations, environmental study scopes and contracts, as well as funding and business models. A meeting and site visit for landowners and CHB councillors is programmed for 26^th July, as well as site visits with geologists and engineers to progress the geotechnical issues, programmed for 1^st and 2^nd August. A draft application document has been presented to MAF to access the Irrigation Acceleration funding, along with a presentation to the Minister of Agriculture on the 18^th July. MAF expect to have framework fully developed by 1 September and rate the HBRC proposition very highly.

Ngaruroro Water Storage

7. Ngaruroro Prefeasibility report completed by Tonkin and Taylor by 30 June 2011 and findings presented to Council on 13^th July. Meetings have also been arranged for stakeholder, landowner and community groups for Thursday 21^st July at Peddigrew Green Arena. Feedback from these meetings will be reported to Council to determine the next steps for this project. This project has also been identified for possible funding as part of the recent Irrigation Acceleration Funding application but note that HBRC has made no decisions.

Central Hawke’s Bay Wastewater Treatment and Discharge

8. A new consultant was appointed by CHBDC early in 2011. This consultant has reviewed the project and after assessing the data available has confirmed that the most cost effective option for treatment of waste water from the two towns is land treatment onto the two forest blocks owned by HBRC. To provide for times when irrigation onto the blocks is not possible due to the soil moisture content being too high, storage will be required.

9. Staff are currently working with the consultant and CHBDC to determine a project programme to enable treatment of Waipawa waste water as early as possible followed by Waipukurau.

Mahia Wastewater Treatment and Discharge

10. Finalisation of the purchase of the block is imminent. Planting of forest will commence immediately after purchase has been finalised.

11. An Agreement between HBRC and Wairoa DC is currently being drafted setting out the arrangements between the two organisations associated with activities on the block..

Development of the HB Regional Water Strategy

12. The four scheduled Reference Group meetings have now been held and an additional two will be required to ensure adequate time for the Reference group to consider the draft strategy. Staff believe that good progress is being made towards an agreed strategic approach to water management. Staff are preparing a draft strategy for their consideration and it will include a ‘strawman’ section for land use and water quality, rercognising that the group has not been focussing on land use and water quality to date. The next meeting is tentatively scheduled for late August. This will delay the reporting back to a Committee or Council.

Plan Changes

13. The table below documents current status.

Change	Indicative notification timeframe
Regional Coastal Environment Plan	N/A (appeal resolution only)
Air Quality	N/A (appeal resolution only)
Rivermouth hazard areas	N/A (submissions closed, hearing to be scheduled )
Taharua strategy	Postponed from July to December 2011. Draft Strategy currently out for consultation until 22 August 2011.
Growth management (incl HPUDS, onsite wastewater, stormwater)	On track for October 2011, draft plan change to be considered by the Environmental Management Committee in August.
Freshwater flows / allocation	Tukituki plan changes to be notified by at least July 2012. Karamu also on same timeframe but linkages with Heretaunga Plains groundwater means it will be difficult to deal with in isolation. Advice being sought as to Council’s approach.

Future Scenarios Utilisation Plan

14. HB 2050 Land River Us comprises three scenarios supported by a considerable amount of information about different factors which have the potential to impact and influence Hawke’s Bay futures. It is, in itself an output, which when used as a tool becomes an input into discussions about what the future may hold. It was pleasing to note that the HDC pulled information from the report HB 2050 Land River Us regarding the challenges facing urban environments in their Urban Discussion Document and in their strategic planning work for the preparation of the Long Term Plan.

15. Meetings have been scheduled with each section of Council to discuss what the future might look like for their roles.

16. Opportunities to use the scenario tool in the last three months have included:

16.1. Four presentations given – Mana Ahuriri, Survey in the Bay, Omahu Marae and Maungaharuru Tangitu Inc

16.2. Regional Economic Development Strategy workshop.

LAND

Council owned Forestry

17. Council forestry assets include the following:

17.1. Tutira Park 120 ha (Pinus Radiata)

17.2. Waipawa 85 ha (mainly eucalyptus but a few pines on harder faces)

17.3. Waipukurau 100 ha (mainly eucalyptus but a few pines on harder faces)

17.4. Tutira Carbon Sequestration Property (Waihapua Forest Park) 116 ha eucalyptus and 24ha Redwoods and mixed dryland species; 20-30 ha is proposed for planting this year with the intention to complete the majority of the balance of the plantable area in 2012

17.5. Mahia 40 ha to be planted this winter (mainly eucalyptus but a few pines on harder faces)

17.6. Tangoio (managed by Council on behalf of Central Government) 550 ha of which 300 ha is production forestry, mainly Pinus Radiata.

18. PF Olsen has been appointed to provide operational advice and input to ensure effective management of Council’s forest assets. Their immediate focus is preparation of the Mahia block for planting. In addition they are developing an understanding of the asset to assist staff in the development of a detailed and costed programme of work and monitoring and reporting structure for cvonsideration by Council and inclusion into Council’s 2012/22 10 Year Plan

19. Staff are currently:

19.1. Progressing a feasibility assessment for further forestry investment that will improve financial and environmental performance of erodible hill country while providing an investment return to Council. This study will result in a report for Council consideration by June 2011.

19.2. Investigating options for further forest establishment on Council owned or administered river berm land and leased land where this will increase the efficiency of existing investments.

19.3. Assessing land ownership issues associated with the claiming of carbon credits for pre 1990 forests associated with Councils river schemes.

19.4. Developing a management framework for the effective and efficient management of these assets, the measurement of carbon sequestration, and the trading of associated carbon units.

Afforestation Grants Scheme

20. Five projects have been completed in the 2010/11 financial year – Planted area 82.1 ha; grant $191,575.

21. Eight projects have been approved for the 2011/12 year –area to be planted 270 ha; grant $254,220.

COMMUNITY

Healthy Homes

22. The Healthy Homes programme was established in 2009 and encompasses the coordination of the programme for the Healthy Homes Coalition and the management of Council’s Heat Smart programme.

23. Reporting focuses on three areas of work.

24. The effectiveness of the Coalition in the development of programmes toward achieving broad healthy homes goals: Members of the Coalition continue to recognise the value of collaborative planning and continue to focus on the agreed priorities of clean heat and warmth (7 April 2011) and Coalition members view the Clean heat programme as an important first step in achieving the Coalition’s goal of 54,000 healthy homes in Hawke’s Bay.

25. Progress on uptake of Council’s Clean Heat Programme: 7 December 2009 – 20 July 2011:

25.1. Applications for HBRC loans and grants 898 9incl. 87 cancelled)

25.2. Number of loans 606

25.3. Number of insulation installations 316

25.4. Number of clean heat installations 272

25.5. Number of clean heat and insulation 219

26. The target for total conversions (not just those with Council funding assistance) is being reviewed to meet the revised straight line path targets for compliance with the reviewed National Environmental Standard for air quality.

27. EECA has provided information on the total number of installations it has subsidised in Hawke’s Bay in the period Dec 2009 – June 2011 (insulation and clean heat):

27.1. Total number of installations 6212

27.1.1. Low income subsidy 3381 (54.4%)

27.1.2. Insulation 5336

27.1.3. Clean heat 1432

28. This starts to give a more complete picture of the level of activity occurring in Hawke’s Bay. Additional information is being gathered to establish the volumes of replacement clean heat installations that are not being captured by either HBRC or EECA in order to provide a more accurate picture of progress.

National Cycleways

29. Work is continuing on various elements of the cycle trail as follows;

30. Landscapes:

31. Red Bridge to Moore road section by HDC on going.

32. River Road to Red Bridge – Landowner negotiations still in progress.

33. Craggy Range ride option abandoned due to landowner and grade limitation difficulties.

34. Water:

35. Coastal concrete section work progressing well by NCC with section from Whakarire Ave to Surf club complete.

36. Ahuriri estuary section commenced with Taipo to expressway, westshore wildlife pond and airport section nearing completion.

37. Bridge foundations and earthworks at Prebenson Drive progressing.

38. Other:

39. NZCT have provided an opportunity to present a revised feasibility variation document, due to be submitted by 31 July, presenting alternative options for funding earmarked for the Craggy Range ride ($1.1m). Specific detail being considered, as agreed with NZCT, includes;

40. Additional bridge safety requirements for Black bridge and Maraetotara bridge, involving guard rails and clip on structure respectively.

41. Additional signage at Clifton road and Red bridge.

42. Car parking requirements at River road.

43. Minor additional works to complete Water ride.

44. Proposed Puketapu loop from Green Arena to Puketapu either side of Tutaekuri River.

45. Inclusion of specific sections of the Winery ride.

Tutaekuri Bridleway/pathway

46. Completion date for the new horse trail from Awatoto to Hakowhai on the left bank of the Tutaekuri river is expected to be the end of August 2011 subject to contractor availability. The works have cost $12,000 which has included gates, fencing and minor pathway works and has been funded from the Public Access project utilising new access and car body removal budget provision.

Leasehold Land

47. 20 leasehold properties have been sold, at the value of $2,069,721.

48. 46 leasehold properties transferred ownership.

49. 9 properties are utilising the deferred payment scheme.

50. 7 ‘assistance supplements’ have been processed through WINZ.

51. The strategy for the sell down of Napier leasehold property is progressing.

Treaty Settlements and the Establishment of the Regional Plan Committee

52. The relationships between Council and the various Treaty settlement groups with interests in Hawke’s Bay continue to develop at various rates.

53. Involvement of Council in specific Treaty settlement negotiations and the status of each of those settlements.

53.1. The Deed of Settlement between the Crown and Ngati Pahauwera was signed in December 2010. The Settlement legislation has been introduced into the House. Council is assessing the legislation to determine if it wishes to make a submission.

53.2. The Crown is in negotiations with Mana Ahuriri, Maungaharuru-Tangitu Inc and Ngati Hineuru on their respective settlements and aims to have Agreements in Principle signed with all three groups by August 2011.

53.3. The mandate of Te Tira Whakaemi o Te Wairoa (roughly Wairoa to Mahia) was recognised by the Crown in February 2011 and that of He Toa Takitini (Heretaunga and Tamatea) was recognised in December 2010.

54. Progress in determining the principles and procedures for the establishment and operation of the Regional Planning Committee:

· Councillors and staff have met with representatives of Ngati Pahauwera, mana Ahuriri, Maungaharuru-Tangitu Inc and Ngati Hineuru to progress the development of the Regional Planning Committee. These discussions have resulted in the drafting of two documents.

· A Deed of Commitment, which describes why the parties are sitting around the table together and establishes a vision and principles for the ongoing relationship of tangata whenua and the Hawke’s Bay Regional Council. This document will allow for other Treaty claimant groups to become signatories if and when they so decide.

· The Terms of Reference for the Regional Planning Committee are being finalised. These have been discussed by Council and are now back with the treaty groups. At the most recent meeting of the group held on 18 July it was considered by the Group that they are close to being referred back to Council for final adoption.

DECISION MAKING PROCESS

55. 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 report titled ‘Quarterly Significant Initiatives Update for Council’.

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

Terms of Reference	Membership
An Implementation Committee of the Hastings District, Napier City, and Hawke's Bay Regional Council (and Mana Whenua) be established to overview the implementation of HPUDS. The HPUDS IC be delegated authority to implement the Strategy in accordance with the following functions: 1. Growth management leadership; 2. Overseeing implementation of the Strategy; 3. ~~Ensuring organisation systems and resources~~Resourcing ~~support the~~ strategy implementation; 4. Taking responsibility for progressing those actions specifically allocated to the HPUDS IC; 5. Monitoring and reporting progress against milestones; 6. Overviewing the management of the risks identified in implementation; 7. Reviewing and recommending adjustments to the Strategy; 8. Identifying and resolving any ~~consultation~~ inconsistencies between the Strategy and subsequent public ~~consultation~~ processes of the partner councils; 9. Facilitating consultation with the community; 10. Establishing the Strategic Partners Forum[RO1] [GI2] ; 11. Establishing appropriate reference groups when necessary; 12. Implementing a Memorandum of Agreement as adopted by the HPUDS IC to provide a basis for developing working relationships and the resolution of any conflict.	1. Two elected members from each partner council. 2. Two representatives of Mana Whenua. 3. That the standing membership be limited to 8 members plus+ ex officio members.. 4. A ~~chorum~~quorum is equivalent to 4 members + 1 , with at least one member representing each of the partner Councils’ and Mana Whenua. 5. Ex Oofficio members ~~include~~are the Ppartner Council Mayors’, and Regional Chair ~~and Chief Executive~~s’.
	Meeting Frequency
	· Quarterly or more frequently ~~Bi-monthly or~~ as required.
	Timeframe for Committee
	· It is proposed that the HPUDS IC would be in place for an initial five year period through to June 2016.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Recommendation from the Corporate and Strategic Committee	7(2)(i) 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.

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION	GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION
Business Hawke's Bay Support and Hawke's Bay Regional Council Contribution	7(2)(a) Protect the privacy of natural persons	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Item	Topic	Councillor / Staff
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.