Agenda of Council Meeting

TRIM File No. CG-16-2-00225

HASTINGS DISTRICT COUNCIL

COUNCIL MEETING

Thursday, 25 June 2020

VENUE:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

9.30am

A G E N D A

1. Prayer

2. Apologies & Leave of Absence

At the close of the agenda no apologies had been received.

At the close of the agenda no requests for leave of absence had been received.

3. Seal Register

4. Conflict of Interest

Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the relevant item of business and withdraw from participating in the meeting. If a Member thinks they may have a conflict of interest, they can seek advice from the General Counsel or the Manager: Democracy and Governance (preferably before the meeting).

It is noted that while Members can seek advice and discuss these matters, the final decision as to whether a conflict exists rests with the member.

5. Confirmation of Minutes

Minutes of the Council Meeting held Tuesday 9 June 2020.

(Previously circulated)

6. Annual Plan and Development Contributions Policy 2020/21 - consideration of submissions and adoption of plan. 5

7. Summary of Recommendations of the Hastings District Rural Community Board meeting held on 15 June 2020 11

8. Chief Executive Update for Council 13

9. Presentation by Jamie Astill and Corban Hocking from Mahora School 17

10. Hawke's Bay Disaster Relief Trust - Council Controlled Organisation Exemption 19

11. Petition - Ruahapia Road & Otene Road 25

12. Summary of Recommendations from the Civic and Administration Subcommittee meeting held on 16 June 2020 31

13. Notification of Appointment of Independent Hearings Commissioners 33

14. Updated 2020 Meeting Schedule Changes 37

15. Additional Business Items

16. Extraordinary Business Items

17. Recommendation to Exclude the Public from Items 18 and 19 39

18. Havelock Road to Te Aute Road Water Main

19. Land Purchase for Clive Water Treatment Plant

File Ref: 20/423

REPORT TO: Council

MEETING DATE: Thursday 25 June 2020

FROM: Strategy Manager

Lex Verhoeven

SUBJECT: Annual Plan and Development Contributions Policy 2020/21 - consideration of submissions and adoption of plan.

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to inform the Council on submissions received to the Draft Annual Plan, Development Contributions Policy and Amendment to Revenue and Financing Policy, and to adopt these plans subject to changes made by Council at its meeting dated 25 June 2020.

1.2 This decision arises from legislative provisions within the Local Government Act 2002 requiring the Council to have an Annual Plan adopted by 30 June 2020.

1.3 This report concludes by making a number of recommendations to enable the Annual Plan, Development Contributions Policy and Amendment to Revenue and Financing Policy to be adopted, subject to any changes made by Council in respect of the submissions received.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Annual Plan and Development Contributions Policy 2020/21 - consideration of submissions and adoption of plan.

B) That the written and verbal submissions and officer comments attached be received.

C) That the decisions and amendments made at this meeting be incorporated into the 2020/21 Annual Plan and 2020/21 Development Contributions Policy.

D) That the Council ratifies the Amendment to the Revenue and Financing Policy for the Building Consent and Resource Consent activities.

E) That the Council ratifies the changes to the Waimarama Seawall Targeted Rate as consulted on with property owners paying the rate.

F) That the Council resolves, in terms of Section 82 (3) of the Local Government Act 2002, that the principles set out in that section have been observed in such a manner that the Hastings District Council considers, in its discretion, is appropriate for the decisions made during the course of this meeting.

G) That officers forward replies to all submitters that thank them for their submission, advise of any Council decisions in response to the submissions and offers explanation based on the officer comments as amended by the Council at this meeting.

H) That the issues in submissions that require further action by Council through the Committee structure be noted and brought forward by officers as appropriate.

3.0 BACKGROUND – TE HOROPAKI

3.1 The Draft Annual Plan, Development Contributions Policy, and Amendment to Revenue and Financing Policy were released for community feedback on 9 May 2020 with feedback closing on 9 June 2020. The Council has received 43 submissions to this process.

4.0 DISCUSSION - TE MATAPAKITANGA

4.1 The submissions received cover a range of issues and are attached to the agenda in one separate volume. Also attached in a separate document are the officer comments in respect of the submissions.

4.2 Consultation was also undertaken directly with property owners currently paying the Waimarama Seawall targeted rate. That consultation covered the need for future works to the seawall and how that cost would be recovered. Of the 90 property owners contacted, 36(40%) returned a response to Council, with all respondents approving of the proposed works and necessary funding contribution. The lower than expected level of response is likely to be due to the fact that the seawall targeted rate has been in place for some time and is well accepted as necessary to protect properties in the area.

4.3 Finally officers have undertaken a final review of the plan given that the last 3 months have been a rollercoaster in respect to unknowns and budgeting assumptions due to the COVID-19 pandemic. That review has determined that, while there are positives and negatives with some of the budget assumptions since the draft plan was put together, overall it is considered that these broadly net each other off. Having said that the need for disciplined management to achieve the budget savings identified in the draft plan is unchanged, particularly in the personnel and recruitment area.

4.4 A review of the capital plan for the coming year has also been undertaken, and whilst it is more substantive than previous years it has been scrutinised in terms of its ability to be delivered. The more substantive programme also forms part of Council’s economic recovery plan, whereby Council activity can be a stimulus to the local economy. The capital plan has also been realigned to provide the ability to deliver on recent government funding support announcements that advance capital works projects in some areas.

4.5 The Rural Community Board recommendations in respect of the final budget and relevant submissions are included in the agenda as a separate item.

Attachments:

1 ⇨	Submission No 1 - Jan Daffern	CP-01-24-1-20-1	Under Separate Cover
2 ⇨	Submission No 2 - Marcus Hill (TN Property Group)	CP-01-24-1-20-2	Under Separate Cover
3 ⇨	Submission No 3 - Jenn McMillan	CP-01-24-1-20-3	Under Separate Cover
4 ⇨	Submission No 4 - Ashleigh Scott	CP-01-24-1-20-4	Under Separate Cover
5 ⇨	Submission No 5 - Ricardo Fox	CP-01-24-1-20-5	Under Separate Cover
6 ⇨	Submission No 6 - Shirley Goodenough	CP-01-24-1-20-6	Under Separate Cover
7 ⇨	Submission No 7 - Hine Karauria	CP-01-24-1-20-7	Under Separate Cover
8 ⇨	Submission No 8 - Lindsey Marshall	CP-01-24-1-20-8	Under Separate Cover
9 ⇨	Submission No 9 - Carley Slade	CP-01-24-1-20-9	Under Separate Cover
10 ⇨	Submission No 10 - Tia Whiti	CP-01-24-1-20-10	Under Separate Cover
11 ⇨	Submission No 11 - Adrian McMillan	CP-01-24-1-20-11	Under Separate Cover
12 ⇨	Submission No 12 - Ngahuia Harris	CP-01-24-1-20-12	Under Separate Cover
13 ⇨	Submission No 13 - Krystal Thompson	CP-01-24-1-20-13	Under Separate Cover
14 ⇨	Submission No 14 - Annika Funnell	CP-01-24-1-20-14	Under Separate Cover
15 ⇨	Submission No 15 - Janice Gordon	CP-01-24-1-20-15	Under Separate Cover
16 ⇨	Submission No 16 - Jessica Smith	CP-01-24-1-20-16	Under Separate Cover
17 ⇨	Submission No 17- Charlene Tuahine	CP-01-24-1-20-17	Under Separate Cover
18 ⇨	Submission No 18 - Jo-ann Paton	CP-01-24-1-20-18	Under Separate Cover
19 ⇨	Submission No 19 - Tamsyn Davies	CP-01-24-1-20-19	Under Separate Cover
20 ⇨	Submission No 20 - Russell Irving	CP-01-24-1-20-20	Under Separate Cover
21 ⇨	Submission No 21 - June Crawford	CP-01-24-1-20-21	Under Separate Cover
22 ⇨	Submission No 22 - Angela Hunter	CP-01-24-1-20-22	Under Separate Cover
23 ⇨	Submission No 23 - Dawn Tyler	CP-01-24-1-20-23	Under Separate Cover
24 ⇨	Submission No 24 - Jo Coughlan (NZ Chinese Language Week Trust)	CP-01-24-1-20-24	Under Separate Cover
25 ⇨	Submission No 25 - Michelle Loveday	CP-01-24-1-20-25	Under Separate Cover
26 ⇨	Submission 26 - Warren Elliott (Keirunga Gardens Arts & Craft Society)	CP-01-24-1-20-26	Under Separate Cover
27 ⇨	Submission No 27 - Memory Kaukau	CP-01-24-1-20-27	Under Separate Cover
28 ⇨	Submission 28 - Meryanne Afualo	CP-01-24-1-20-28	Under Separate Cover
29 ⇨	Submission No 29 - Brenda Walsh	CP-01-24-1-20-29	Under Separate Cover
30 ⇨	Submission No 30 - Hayley Holloway	CP-01-24-1-20-30	Under Separate Cover
31 ⇨	Submission 31 - Stephanie Nixon	CP-01-24-1-20-31	Under Separate Cover
32 ⇨	Submission No 32 - Karen Cooper	CP-01-24-1-20-32	Under Separate Cover
33 ⇨	Submission No 33 - Murray Douglas	CP-01-24-1-20-33	Under Separate Cover
34 ⇨	Submission No 34 - John Roil	CP-01-24-1-20-34	Under Separate Cover
35 ⇨	Submission No 35 - Keith Newman	CP-01-24-1-20-35	Under Separate Cover
36 ⇨	Submission 36 - Mark Aspden (Sport Hawkes Bay)	CP-01-24-1-20-36	Under Separate Cover
37 ⇨	Submission 37 - Brent Sheldrake (Sport New Zealand)	CP-01-24-1-20-37	Under Separate Cover
38 ⇨	Submission No 38 - Nick Richards	CP-01-24-1-20-38	Under Separate Cover
39 ⇨	Submission No 39 - Louise Gould	CP-01-24-1-20-39	Under Separate Cover
40 ⇨	Submission No 40 - Luke & Krissy Shadbolt	CP-01-24-1-20-40	Under Separate Cover
41 ⇨	Submission No 41 - Peter Bloor	CP-01-24-1-20-41	Under Separate Cover
42 ⇨	Submission No 42 - Tristan Seccombe (Havelock North Wanderers)	CP-01-24-1-20-42	Under Separate Cover
43 ⇨	Submission No 43 - Des Ratima	CP-01-24-1-20-43	Under Separate Cover
44 ⇨	Officer Comments Draft Annual Plan 2020/21	CG-16-2-00223	Separate Document

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

The Annual Plan and budget promotes the social, economic, environmental, and cultural wellbeing of communities in the present and for the future.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

Not Applicable

Māori Impact Statement - Te Tauākī Kaupapa Māori

Not Applicable

Sustainability - Te Toitūtanga

Not Applicable

Financial considerations - Ngā Whaiwhakaaro Ahumoni

Covered in the report.

Significance and Engagement - Te Hiranga me te Tūhonotanga

Not Applicable

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

Covered in the report.

Risks: Legal/Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

Not Applicable

Rural Community Board - Ngā Poari-ā-hapori

Recommendations from the Rural Community Board are included in the agenda for this meeting.

File Ref: 20/464

REPORT TO: Council

MEETING DATE: Thursday 25 June 2020

FROM: Chief Executive

Nigel Bickle

SUBJECT: Chief Executive Update for Council

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to briefly update Council on the Covid-19 Pandemic Council Response and Recovery actions and Council executive priorities for the coming 2020/2021 year.

1.2 This report contributes to the purpose of local government by confirming the Executive commitment to promoting the Social, Economic, Cultural and Environmental wellbeing of Hastings District Community in the present and for the future.

2.0 RECOMMENDATION - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Chief Executive Update for Council.

3.0 COVID-19 PANDEMIC

3.1 The COVID-19 pandemic had a significant impact on Council operations, and our planning for the future.

3.2 The recovery from the economic and community impacts of COVID-19 is now the priority for Council across all our activities as is our role to support the wellbeing of our community.

3.3 Our staff kept all essential services operating during the lockdown period, and most of our staff were able to continue their roles working remotely. Remaining staff were redeployed to support Council Incident Management Services, regional Civil Defence operations and Council Welfare Services, particularly focused on vulnerable people and people living alone.

3.4 With the easing of restrictions, our attention has turned to the reopening of Council facilities, resumption of programmes, and our substantial annual work programme that was already underway. At the time of writing, all our facilities and services have resumed with some reduced opening hours at I-sites and the Art Gallery to accommodate some resource constraints.

3.5 Our Council Recovery actions have included setting up a Rapid Response Fund to support community organisations, the establishment of an Urban Centres Recovery Fund to support our main retail centres in Hastings, Havelock North and Flaxmere and support for Recovery Funds to assist drought affected farmers.

3.6 Capital works projects with a value of over $16m were reactivated from April 2020 and these works are providing a useful stimulus to the economy and ensuring sustainability of local employment.

3.7 Council has secured over $9m of Government funding to improve traffic, walking and cycling safety and improvements in rural and urban areas, including Waipatu. These works are priority public works for our community and again help ensure sustainability of local employment.

3.8 We have substantial applications for funding for priority capital projects into the Provincial Growth Fund and Crown Infrastructure Funds and I am optimistic for Council securing additional Government funding from these applications.

4.0 OUR STAFF PERFORMANCE

4.1 I am very pleased with and proud of the performance of our staff during the COVID-19 Pandemic.

4.2 One of the key strengths that enabled our efficient response to the evolving nature of COVID-19 was the initial planning and preparatory work which commenced in January. This preparation meant we were already planning for the escalation of COVID-19 well before it became a Nationally Declared Emergency.

4.3 A further key contribution that ensured our business continuity has been the work of our ‘Information Management Business Transformation’ team under the management of the Chief Information Officer over the last 3 years. Delivery of our IMBT strategy ensured over 200 staff and Councillors could work remotely and meet online. We livestreamed Council online meetings.

4.4 On 17 March 2020 I instructed the Council Incident Management Team be activated. This meant that the management of Council operations transitioned to a Co-ordinated Incident Management Structure under the leadership of the Controller. Council ran for over 6 weeks under this structure delivering on the operation objectives which were:

· Interpret and Role Model adherence to COVID-19 Alert Level Guidelines;

· Ensure continued delivery of essential Council services which involved over 130 staff;

· Support (with staffing) Regional Civil Defence Emergency Management Group Operations; and

· Deliver our Community Welfare Response where Council staff and councillors worked within the community ‘network of networks’ contacting vulnerable citizens and co-ordinating any necessary support including emergency food parcels and supplies.

4.5 Communications to staff, councillors and our community increased alongside the alert levels, moving to daily updates. By co-ordinating with other councils and Civil Defence Emergency Management we ensured our community remained well informed on the various COVID-19 alert level requirements and available support services.

4.6 During our COVID-19 Response, we developed and adopted a Council Interim Recovery Plan which details actions Council can deliver in alignment, and in some cases in partnership, with other stakeholders to enable Economic and Social Recovery. Delivery of some of these actions is already underway.

5.0 ANNUAL PLAN 2020/2021

5.1 The COVID-19 pandemic has been and continues to be an extraordinary social and economic challenge for all communities. We have worked hard to recast our Annual Plan budget which hopefully finds the balance between affordability and service delivery demands.

5.2 We have considered a range of budget options including a zero % increase. The best overall outcome is considered to be a rating revenue increase of 1.9% (excluding the new rubbish collection and recycling service).

5.3 Key considerations underpinning this recommendation include:

· Council playing a role in stimulating local economic activity. If we remove too much from our capital work programme by reducing rates further - a consequence may be fewer jobs, less infrastructure improvements and less money circulating in our economy.

· Reducing expenditure to achieve a zero rate increase would likely only defer costs to the future.

· Retaining ability to add local support initiatives alongside Government’s financial packages supporting businesses and employees.

6.0 CONCLUSION

6.1 I am very pleased with the Council performance over the last 6 months in respect of Business Continuity, Response and Recovery actions for COVID-19, securing of central government investment into Hastings District, development of the Draft Annual Plan and initiating processes for the review of our Long Term Plan for adoption in June 2021.

6.2 I am confident that we have the capacity and capability to operate efficiently and effectively in an environment of budgetary restraint to deliver a very ambitious programme of work in the next financial year for our community.

Attachments:

There are no attachments for this report.

File Ref: 20/422

REPORT TO: Council

MEETING DATE: Thursday 25 June 2020

FROM: Group Manager Corporate

Bruce Allan

SUBJECT: Hawke's Bay Disaster Relief Trust - Council Controlled Organisation Exemption

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to obtain a decision from the Council to exempt the Hawke’s Bay Disaster Relief Trust from the requirements imposed on Council Controlled Organisations (CCOs) under the Local Government Act 2002 (LGA).

1.2 The exemption will allow a reduced reporting requirement for the Trust under the LGA.

1.3 The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the LGA. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.4 This report concludes by recommending that the Hawke’s Bay Disaster Relief Trust be exempt from being a CCO under the LGA. All five Hawke’s Bay Councils will be required to resolve that the Trust be exempted to enable this recommendation to take effect.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council/Committee receives the report titled Hawke's Bay Disaster Relief Trust - Council Controlled Organisation Exemption.

B) That, as provided for in sections 6 and 7 of the Local Government Act 2002, the Council grants the Hawke’s Bay Disaster Relief Trust an exemption from being a Council Controlled Organisation, as defined by section 6 of the Local Government Act 2002 for a period of three years to 30 June 2023.

C) Note that any exemption will be subject to all five Hawkes Bay Councils resolving to do the same.

3.0 BACKGROUND – TE HOROPAKI

3.1 Hawke’s Bay Disaster Relief Trust was created by the Hawke’s Bay Civil Defence Emergency Management (CDEM) Group in March 2020. As the Hawke’s Bay CDEM Group is made up of all five Hawke’s Bay local authorities and the Trustees are the Mayors and Regional Council Chair, it is considered that the Trust should be considered under the provisions of the LGA as they relate to a CCO.

3.2 It is proposed that the Trust be considered for exemption from the requirements imposed on CCOs under section 7 of the LGA. This exemption must be approved by all five councils. Section 7(6)(a) of the LGA also stipulates that a Council must review any exemptions granted under section 7 within three years after it was first granted.

3.3 The LGA allows a local authority to exempt organisations from being CCOs. The following are the relevant sections of the LGA:

“7 Exempted organisations

(3) A local authority may, after having taken account of the matters specified in subsection (5), exempt a small organisation that is not a council-controlled trading organisation, for the purposes of section 6(4)(i).

(4) An exemption must be granted by resolution of the local authority.

(5) The matters are –

(a) the nature and scope of the activities provided by the organisation; and

(b) The costs and benefits, if an exemption is granted, to the local authority, the council-controlled organisation, and the community.”

3.4 The Trust is currently a council-controlled trading organisation. The LGA identifies monitoring and requirements for CCOs which include half yearly and annual reports plus an annual Statement of Intent.

3.5 The Hawke’s Bay Disaster Relief Trust is a charitable trust that has the following stated purpose:

To provide financial and any other relief or assistance to meet the welfare and other needs of people who have suffered any injury, damage or loss following the occurrence of a disaster that qualifies as an “emergency” under the Civil Defence Emergency Management Act 2002 (or any later replacement thereof), whether natural or otherwise, within the legal boundaries of the Wairoa, Hastings, and Central Hawke's Bay District Councils and Napier City Council. For the avoidance of doubt “those in need” is to be construed as widely as possible and includes individuals, communities, businesses, non-government organisations, the Local Authorities and other legal persons approved by the Trustees.

3.6 The Trust is a Council Controlled Organisation because under the trust deed the Mayors and Regional Council Chair are the Trustees. This means that the Hawke’s Bay Councils have effective control of the Trust Board and its assets. In practical terms, however, the Trust Board is allowed to administer and distribute funds to alleviate the impacts of an emergency or a disaster on the community as it sees fit within the constraints of the Trust Deed.

3.7 Section 7(7) of the LGA states that a Local Authority may, at any time, revoke an exemption it has granted and Council would be inclined to do so if the nature and scope of activities provided by either organisations increased to a level that warranted a change.

4.0 DISCUSSION - TE MATAPAKITANGA

4.1 Day to day, the Hawke’s Bay Disaster Relief Trust is a small entity with limited or no turnover.

4.2 This may change during an emergency where the Trust is gifted monies to administer within the confines of the Trust Agreement.

4.3 A good example of this is the current Hawke’s Bay drought event where three Hawke’s Bay councils, central government, companies and individuals have donated funds for the Trust to distribute in support impacted by the drought. The amount of money held by the Trust for this purpose amounts to approximately $1m.

4.4 The Trust has approved a process for the distribution of these funds and at the time of writing this report applications are being received and processed.

4.5 Council can resolve to approve the exemption for the Hawke’s Bay Disaster Relief Trust, or it can refuse the exemption requiring the Trust to report as required under the LGA.

5.0 OPTIONS - NGĀ KŌWHIRINGA

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 The Hawke’s Bay Disaster Relief Trust be exempted from being a Council Controlled Organisation under the Local Government Act 2002.

5.2 The level of reporting required of a CCO under the LGA is disproportionate to the size, type and the breadth of the operations the Trust undertakes and this would not contribute to the effective and efficient provision of support to individuals and the community in an emergency.

6.0 NEXT STEPS - TE ANGA WHAKAMUA

6.1 All five Hawke’s Bay Councils are required to resolve that the Hawke’s Bay Disaster Relief Trust be exempted from being a CCO. Until that is completed the Trust will remain being a CCO.

Attachments:

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

The Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural wellbeing of communities in the present and for the future.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

This proposal promotes the economic and social wellbeing of communities in the present and for the future and contributes to Council’s community outcomes, particularly around building resilience to hazards and shocks.

Māori Impact Statement - Te Tauākī Kaupapa Māori

There is no known impact for Tangata Whenua.

Sustainability - Te Toitūtanga

There are no implications for sustainability.

Financial considerations - Ngā Whaiwhakaaro Ahumoni

There are no financial considerations for Council.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision has been assessed under the Council's Significance and Engagement Policy as being of low significance.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

There was community consultation through the respective Hawkes Bay Councils’ Annual Plans of 2019/20 for the establishment of this Trust. There is no external engagement required for this decision.

Risks: Legal/Health and Safety - Ngā Tūraru: Ngā Ture/Hauora me te Haumaru

The risks identified relate to a reduced amount of monitoring by the five Hawke’s Bay Councils, however the impact of this risk has been assessed as low.

Rural Community Board - Ngā Poari-ā-hapori

There are no implications for the Rural Community Board.

File Ref: 20/463

REPORT TO: Council

MEETING DATE: Thursday 25 June 2020

FROM: Environmental Consents Manager

Murray Arnold

SUBJECT: Notification of Appointment of Independent Hearings Commissioners

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to advise the Council of the appointment of Bill Wasley (Chair), as an independent Hearings Commissioner, to hear and decide on:

a) RMA20190203 An application to subdivide and establish seasonal workers accommodation on a Plains Production zone site at 97 York Road, Irongate;

b) RMA20190570 An objection (section 357 Resource Management Act), by May Holdings 20019 Limited to a decision made under delegated authority to refuse consent for the establishment of a standalone office in the Large Format Retail zone at 502 Karamu Road, Hastings; and

c) RMA20190545 An application by the Hastings District Council for the construction and operation of a water treatment plant and drinking water reservoir and associated activities, Frimley Park, 411 Frimley Road, Hastings.

1.2 Pursuant to Section 34A(1) of the Resource Management Act 1991, authority to appoint, pursuant to Section 100A and 34A(1) of the Act, Hearings Commissioner(s) to hear and decide an application has been delegated to the Chief Executive, the Group Manager: Planning and Regulatory Services, the Environmental Consents Manager, and the Environmental Policy Manager. This delegation is subject to the requirements that appointed Hearings Commissioners shall hold a valid certificate of accreditation under section 39A of the Act, and that the exercise of this authority will be reported to the next available meeting of Council.

1.3 This report sets out the reasons for the exercise of delegated authority to appoint Bill Wasley (Chair), as independent commissioner to hear and decide on the three applications.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Notification of Appointment of Independent Hearings Commissioners

3.0 BACKGROUND – TE HOROPAKI

3.1 Seasonal Workers Accommodation:

3.1.1 The Jara Family Trust applied for resource consent for seasonal workers accommodation on Plains Production zoned land at 97 York Road Irongate, and consent to subdivide the site (cancel an existing amalgamation condition) and amalgamate part with Industrial zoned land at 9 Maultsaid Place, Irongate.

3.1.2 The application was Limited notified and there were no submissions. The applicant requested that the hearing be heard by an independent hearings commissioner.

3.2 Standalone Office 502 Karamu Road

3.2.1 May Holdings 2019 Limited applied for resource consent to establish a standalone multi discipline office in the Large Format Zone at 502 Karamu Road. The decision made under delegated authority was to refuse consent.

3.2.2 The applicant lodged an objection pursuant to section 357A Resource Management Act, and requested that the objection be heard by an independent hearings commissioner.

3.2.3 The objection was heard on 21 May 2020 via remote access virtual meeting during the period of COVID 19 Lockdown.

3.3 Frimley Park Water Treatment Plant and Water Reservoir

3.3.1 The application by the Hastings District Council was publicly notified, and submissions were received.

3.3.2 As the applicant is the Hastings District Council, it is appropriate that this application is heard by an independent hearings commissioner.

3.4 Hearings Commissioner Bill Wasley, holds a valid certificate of accreditation under section 39A of the Act and Bill Wasley has a Chair endorsement.

4.0 OPTIONS - NGĀ KŌWHIRINGA

4.1 This matter has been delegated to staff who have exercised that delegation and are advising Council of the appointment of a Commissioner. This report completes the requirement set out in the delegation, that Council is informed of the appointment. Further assessment of options is therefore not necessary for this report.

Attachments:

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

Māori Impact Statement - Te Tauākī Kaupapa Māori

Sustainability - Te Toitūtanga

No known implications for sustainability:

Financial considerations - Ngā Whaiwhakaaro Ahumoni

Significance and Engagement - Te Hiranga me te Tūhonotanga

The issue of significance has been considered in terms of Council’s Significance Policy and in particular the thresholds and criteria contained within this policy. The decisions required in this report do not trigger any of the thresholds and are subject to Resource Management Act 1991 submissions and decision making processes.

This report has been assessed under the Council's Significance and Engagement Policy as being not of significance.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

The appointment of the Hearings Commissioner has been agreed to by the applicants for each hearing:

Risks: Legal/Health and Safety - Ngā Tūraru: Ngā Ture/Hauora me te Haumaru

Rural Community Board - Ngā Poari-ā-hapori

There are no implications for Community Boards.

File Ref: 20/468

REPORT TO: Council

MEETING DATE: Thursday 25 June 2020

FROM: Manager: Democracy and Governance

Jackie Evans

SUBJECT: Updated 2020 Meeting Schedule Changes

1.0 PURPOSE AND SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to consider amendments to the schedule of Council and Committee Meetings for the 2020 Meeting Calendar which was adopted by Council on 10 December 2019.

1.2 This report recommends that the 2020 Meeting Schedule as amended below be adopted.

1.3 The Local Government Act 2002, Schedule 7, Clause 19 states:

(4) A local authority must hold meetings at the times and places that it appoints”.

(5) If a local authority adopts a schedule of meetings-

a) The schedule-

i) may cover any future period that the local authority considers appropriate, and

ii) may be amended

1.4 Although a local authority must hold the ordinary meetings appointed, it is competent for the authority at a meeting to amend the schedule of dates, times and number of meetings to enable the business of the Council to be managed in an effective way.

1.5 The following meetings are proposed to be included in the 2020 meeting schedule:

· 21 July – Operations and Monitoring Committee at 9.30 am

· 15 September – Council at 9.00 am

· 12,13 and 16,17 November – Council (Speed Bylaws Hearing) 9.00 am – 5.00pm

1.6 Councillors will be kept informed of specific changes on a day to day basis through the centralised calendar system.

1.7 Changes to the meeting schedule are notified to the public via the Council website and newspaper monthly public notices.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Updated 2020 Meeting Schedule Changes dated 25 June 2020.

B) That the 2020 Meeting Schedule be updated at the dates and times indicated as follows:

· 21 July – Operations and Monitoring Committee at 9.30 am

· 15 September – Council at 9.00 am

· 12, 13 and 16, 17 November – Council (Speed Bylaws Hearing) 9.00am – 5.00pm

Attachments:

There are no attachments for this report.

Hastings District Council

Lyndon Road East, Hastings