Agenda of Strategic Planning and Finance Committee

HAWKE’S BAY REGIONAL COUNCIL

Strategic Planning and Finance Committee

Wednesday 15 June 2011

SUBJECT: Review of Council Committee Structure

REASON FOR REPORT

1. The Council adopted a committee structure after the local body elections in October 2010, with the intention of reviewing that structure in the first half of 2011. Council has since considered several papers on this matter and to date has resolved the following:

Council meeting 27 April 2011

2. Adopts the following changes to the current committee structure, in principle and subject to further information including Terms of Reference being brought forward to the May Council meeting, with recommendations 2.1 and 2.2 to take effect from 1 July 2011:

2.1 Establishes a new committee for Regional Planning, with membership comprising equal representation of councillors, and non-councillors from the Treaty claimant groups.

2.2 Dis-establishes current separate Council committees of Environmental Management and Asset Management & Biosecurity and creates a Regulation, Monitoring and Operations Committee to recognise the strong cross-linkages between these service activities.

2.3 Continues the other current committees of Council.

2.4 Reviews the Terms of Reference for the Maori Committee, once the Regional Planning Committee is operating, to determine any changes required to the functions of the Maori Committee and its meeting frequency.

Council meeting 25 May 2011

3. Asks staff to bring forward, to a special meeting of the Strategic Planning and Finance committee to be held 15 June 2011, alternatives or options for a revised Committee structure, excluding the proposed Regional Planning Committee.

4. Establishes a new Committee for Regional Planning, and agrees to the draft Terms of Reference as amended at this meeting, with the final wording to be brought back to the special meeting of the Strategic Planning and Finance Committee on 15 June 2011 as a basis for further negotiation with the Treaty Claimant groups.

5. Confirms the meeting dates for the existing committees for the period of July through September 2011, as per the Council Meeting Planner.

6. This paper therefore covers the matters listed in paragraphs 3 and 4 above, namely options for a revised committee structure; as well as the wording for the Draft Terms of Reference for the Regional Planning Committee as the basis for further negotiation with the Treaty claimant groups.

Revised Committee Structure

7. The role of Council committees is to provide a mechanism for councillors to debate matters prior to decision-making, which is the responsibility of the Council. The alternative committee structures proposed in this paper provide alternative arrangements around numbers of Committee members in order to provide a manageable workload for councillors, given the addition of the Regional Planning Committee.

8. Option 1 is as proposed at the meeting on 25^th May, with some minor amendments. It rationalises the number of committees but retains all councillors on both committees. Given full councillor representation on each committee the functions of each committee are broad enough to allow flexibility across committees if timing issues warrant this. This occurs already when an issues require consideration outside the meeting cycle of its “normal” committee.

9. The following table sets out the broad allocation of committee functions under Option 1:

Corporate and Strategic	Environment and Services	Regional Council
Strategic Planning, including scenarios planning	Asset management	Annual Plan adoption and re-forecasting
Annual Plan development	Biosecurity	Annual Report and auditing
Investment Portfolio	Environmental compliance and enforcement – policies and procedures	Quarterly key initiatives reporting
External relationships, including strategic partnerships	Resource Consents – operational policies (applications still heard by Hearings Committee)	Other financial reporting including: · Healthy homes · Public transport
Marketing and communications incl community engagement and environmental education	Engineering	Monthly work plans
Environmental science – development and review of science strategies, and funding implications	Environmental science – presentation of reports, and State of the Environment monitoring
Infrastructure development	Land Management
Water Information Services	Water Advisory Services
Economic development and tourism	Maritime and navigation safety
Six-monthly risk assessment of Council activities	Statutory advocacy
Information services

10. Option 2 is the retention of the three current standing committees (with an amended terms of Reference for the Environmental Management Committee to take account of the Regional Planning Committee) but with a reduction in membership of each committee to six councillors. This would mean that every councillor would be on two of the three committees.

11. For both Options 1 and 2 the workload of all councillors would be maintained (attendance at three committees) rather than increased as under the current committee arrangements. The additional advantage of Option 1 would be in maintaining rather than increasing staff and administrative workloads and costs.

Terms of Reference for Regional Planning Committee

12. The Regional Planning Committee Terms of Reference have been amended following discussion by Council on 25 May. The revised Draft Terms of Reference are attached as Attachment 1. Following further amendments from today’s meeting these will be used as the basis for discussion with the Treaty claimant groups.

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 the following:

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 members of the community that benefit from the activities of Council.

13.5. The options considered are to retain the current committee structure or to amend it as proposed, or to amend it in an alternative manner.

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 Strategic Planning and Finance Committee :

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. Advises its preferred committee structure to allow the development of Terms of Reference to proceed.

3. Adopts the Draft Terms of Reference for the Regional Planning Committee, including amendments, as the basis for further discussion with Treaty claimant groups.

Liz Lambert

Group Manager

External Relations

Andrew Newman

Chief Executive

Attachment/s

1 View

Draft Terms of Reference for Regional Planning Committee

Draft Terms of Reference for Regional Planning Committee

Attachment 1

REGIONAL PLANNING COMMITTEE

TERMS OF REFERENCE

a) Purpose

To oversee the review and development of the regional policy statement and regional plans for the Hawke’s Bay region, as required under the Resource Management Act 1991.

b) Specific Responsibilities

· To implement a work programme for the review of Council’s plans and policy statements prepared under the Resource Management Act 1991.

· To prepare any changes to the Regional Resource Management Plan, including the Regional Policy Statement.

· To prepare any variations to the Proposed Regional Coastal Environment Plan.

· To review the Regional Coastal Environment Plan as required, once it is operative.

· To recommend to Council for public notification any of the above reviewed Plans, Proposed Plans, Plan Changes or Plan Variations

· To review any provisions which the Council may refer back to the Committee for further consideration.

· To oversee consultation on any draft plan, plan change or variation.

· To recommend to Council the membership of a hearings panels to hear and decide upon submissions on proposed plan, variations and plan changes (which may include members of the Committee).

· To determine the scope for the resolution and settlement of appeals on proposed regional policy statements and regional plans.

· When required, to recommend to Council that officers be delegated to the authority to resolve and settle any appeals and references through formal mediation before the Environment Court.

· To monitor the effectiveness of plan provisions in accordance with section 35 of the Resource Management Act and incorporate the monitoring outcomes into a review of the Committee’s work programme

c) Membership

· Up to 9 Councillors

· Up to 9 Tāngata Whenua Representatives, each appointed on nomination by the Council for their skills, attributes or knowledge relevant to the work of the committee.

The principle which applies is that there shall be equal membership of councillor and non-councillor Committee members appointed at any one time.

d) Chairperson (Transition July 2011 - October 2013)

The Chair of the Committee will be appointed by Council from Councillors.

e) Chairperson (at the conclusion of the transition period)

In the following years the Committee will have two Co-Chairs:

· A Councillor member of the Committee appointed by the Councillors; and

· A Tāngata Whenua Representative appointed by the Council on the nomination of the Tāngata Whenua Representatives at the first meeting of the Committee following a triennial local body election.

Each Co-Chair shall preside at meetings of the Committee on a pre-arranged basis. This arrangement will presume that the Chairs will be responsible for separate areas of policy development and will preside over a meeting as their relevant portfolio areas are discussed.

f) Term of Membership

Membership of the Committee (both elected and appointed) shall be reviewed following a Council triennial election.

g) Quorum

* members of the committee. (* = 50% plus one)

h) Voting Entitlement

Best endeavours will be made to achieve decisions on a consensus basis but where voting is required all members of the committee have full speaking rights and voting entitlements.

i) Special terms of Reference

· The role of the committee and all members of the committee is to objectively overview the development of proposed plans, variations and plan changes in accordance with the requirements of the Resource Management Act 1991. In particular the committee must apply the purpose and principles of the Act and section 32 to its decision-making.

· The committee, when appointing hearings panels, shall appoint members for their particular skills, attributes or knowledge relevant to the work of the committee or panel and shall so far as possible ensure that none of the members is open to perceptions or allegations of bias or predetermination

· It is not the role of any member of the committee (elected or otherwise) to represent or advocate for any particular interest.

· It is not intended that the participation of appointed members on the committee be a substitute for any consultation with iwi required under the First Schedule of the Resource Management Act 1991.

j) Meeting Frequency

As required in order to achieve the policy development work programme.

k) Officer Responsible

Group Manager: Strategic Development

GLOSSARY

Proposed Plan/Policy Statement	A proposed plan or policy statement is a document that has been issued by the council and ‘proposed’ as the council’s official position. To be legally proposed, a document must be publicly notified so people can make submissions.
Plan Variation	A plan variation is when a council changes a plan that is still in the ‘proposed stage’ and has yet to be finalised Is a change prepared by a council to a proposed plan or policy statement
Operative Plan/Policy Statement	In relation to a plan or a policy statement means that it has been through the public submission, hearings and Court processes and has full effect.
Plan Change	Is when a council changes an existing plan (an “operative” plan or policy statement)
Hearings Panel	Is a panel appointed to hear public submissions on any proposed plan, plan change or plan variation. It may be made up of any number of people, and may include elected members (councillors), independent commissioners, or a mix of the two
Tāngata Whenua Representative	Means a representative nominated by one of the Large Natural Groups with interests within the Hawke’s Bay region, mandated for the purpose of negotiating with the Crown on Treaty of Waitangi settlements
Regional Policy Statement	Is the document that sets the basic direction for environmental management in the region. Does not include rules.
Regional Plan	A document that sets out how the regional council will manage a particular aspect of the environment, like the coast, soil, a river or the air. Can include rules.

HAWKE’S BAY REGIONAL COUNCIL

Strategic Planning and Finance Committee

Wednesday 15 June 2011

SUBJECT: Adoption of the Amended Council Meeting Planner for June - December 2011

REASON FOR REPORT

1. This report provides Councillors with an updated Council Meeting Planner for the remainder of 2011.

Background

2. Given the discussions with regard to the restructuring of Council committees have yet to be concluded, dates for the Committee meetings in the interim need to be confirmed so that work programmes and staff reporting can progress.

3. In addition to the interim situation, there is now a delegation which includes several Councillors and the Chairman scheduled to travel to China for the period 22 September – 4 October 2011 which requires that the Council meeting scheduled for 28 September be rescheduled to occur on 21 September.

DECISION MAKING PROCESS

4. 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:

4.1. 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.

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

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

4.4. The persons affected by this decision are Councillors and Council staff.

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

4.6. 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 effected by or have an interest in the decisions to be made.

RECOMMENDATION

That the Strategic Planning and Finance Committee:

2. Adopts the amended Council Meeting Planner for June – December 2011.

Leeanne Hooper

Executive Assistant

Paul Drury

Group Manager

Corporate Services

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Strategic Planning and Finance Committee

Wednesday 15 June 2011

SUBJECT: General Business

INTRODUCTION

This document has been prepared to assist Councillors note the General Business to be discussed as determined earlier in Agenda Item 6.

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