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Hawke’s Bay Regional Council’s Governance Statement is a collection of information about the processes that Council uses to engage with the region’s residents.
Hawke’s Bay Regional Council’s Governance Statement is a collection of information about the processes that Council uses to engage with the region’s residents.
It outlines how Council makes decisions and shows how residents can influence those processes. It also promotes local democracy by providing the public with information on ways they can influence local democratic processes.
Council’s Governance Statement is a requirement of Section 40 of the Local Government Act 2002. Council must update the governance statement within six months of each triennial election.
This updated Governance Statement was adopted by Council on 27 March 2019.
Hawke’s Bay Regional Council was established as part of the framework of Local Government {Local Government (Hawke’s Bay Region) Reorganisation Order 1989} whose purpose is to enable democratic local decision-making and action by, and on behalf of, communities. These decisions and actions are to promote the social, economic, environmental, and cultural well-being of communities, in the present and for the future.
All councils have the full capacity, rights, powers and privileges to carry on or undertake any activity or business, do any act, or enter into any transaction. However, the Regional Council must exercise these powers wholly or principally for the benefit of all or a significant part of its region and not for the benefit of a single district.
Functions
It is important to note that there are numerous statutes, which specifically identify regional councils as having a specific function and role in various activities. These include:
• Biosecurity Act 1993
• Building Act 2004
• Civil Defence Emergency Management Act 2002
• Hawke’s Bay Endowment Land Empowering Act 2002
• Land Drainage Act 1908
• Land Transport Management Act 2003
• Local Electoral Act 2001 and Local Electoral Amendment Act 2013
• Local Government Act 2002
• Local Government (Rating) Act 2002
• Maritime Transport Act 1994
• Resource Management Act 1991
• Soil Conservation and Rivers Control Act 1941
These statutes have, to date, principally directed and determined the present responsibilities and activities of the Council.
Activities
Hawke's Bay Regional Council is this region's environmental management and economic development authority. We are all about the wise use of Hawke's Bay's natural resources, now and for generations to come. We are also all about the people of this region, employing our own passionate team of around 170 people who live all over Hawke's Bay and take pride in the work we do on your behalf.
Our Role
As an organisation, Hawke's Bay Regional Council enables the wise use of the region's natural resources, taking on a leadership role in the areas of:
• Natural resource knowledge and management
• Natural hazard assessment and management
• Regional strategic planning
• Regional scale infrastructure and services, and
• Economic development.
The boundaries of a region are generally based on river catchments, while district and city council territories are based on population and communities of interest.
The Regional Council has historically, and through legislative direction, concentrated more on the ‘natural environment’ - water, air, land, the coast - with a long-term view to make sure these are used sustainably, and are just as available and just as good (if not better) in the future as they are today. The Resource Management Act 1991 is one of the principal Acts behind the work of regional councils and many of our activities are aimed primarily at benefiting the environment. We also have responsibility for functions that are more appropriately carried out on a regional basis such as economic development, land transport planning, river control and land drainage and plant and animal pest control.
City and district councils concentrate more on the built environment and deliver services to their local communities, including drinking water, sewage and rubbish disposal, roading, swimming pools, libraries and parks, and deal with subdivisions.
Responsibilities of Hawke’s Bay Regional Council include:
The Council is subject to a wide range of different pieces of legislation (Acts) that other corporate bodies and individuals are subject to, i.e. Income Tax Act, Employment Relations Act, Health and Safety at Work Act, the Fair Trading Act. However, being a creature of statute and specifically the Local Government Act 2002 there are many other Acts particularly relevant to the Regional Council and its functions and roles. These include:
Copies are available at the Council’s Napier office.
Hawke’s Bay Regional Council currently operates its elections under the ‘First Past the Post’ (FPP) electoral system. This form of voting is used in parliamentary elections to elect Members of Parliament to constituency seats. Electors vote by indicating their preferred candidate(s), and the candidate(s) that receive the most votes is declared elected regardless of the proportion of votes that candidate(s) obtained.
The other option permitted under the Local Electoral Act 2001 is the ‘Single Transferable Vote’ system (STV). This system is currently used in District Health Board elections and some local authority elections. Electors rank candidates in order of preference. The number of votes required for a candidate to be elected (called the quota) depends on the number of positions to be filled and the number of valid votes.
The number of candidates required to fill all vacancies is achieved:
Under the Local Electoral Act 2001 the Council can resolve to change the electoral system; or conduct a binding poll on the question; or electors can demand a binding poll. A poll can be initiated by at least 5 % of electors signing a petition demanding that a poll be held. Once changed, an electoral system must be used for at least the next two triennial general elections, i.e. we cannot change our electoral system for one election and then change back for the next election.
Hawke’s Bay Regional Council reviewed its electoral system in September 2017 and decided to retain the status quo and continue with the First Past the Post electoral system for the 2019 election.
The Local Electoral Act 2001 gives Council the ability to establish separate constituencies for Māori electors. The Council may resolve to create a separate Māori constituency or conduct a poll on the matter, or the community may demand a poll. The demand for a poll can be initiated by a petition signed by 5% of the electors within the region.
At an Extraordinary meeting on 15 November 2017, Hawke’s Bay Regional Council resolved to not establish Māori constituencies in the Hawke’s Bay region for the 2019 and 2022 elections, and publicly notified the electors’ rights to demand a poll on this issue. This issue can next be re-examined through Council’s representation review, either as required in 2023 or earlier if it so chooses.
The Local Electoral Act 2001 requires the Council to determine its representation arrangements at least once in every period of six years after the first determination. Following the procedures set out in the Local Electoral Act 2001 and guidelines published by the Local Government Commission, the Council was required to conduct a Review of Representation during 2018, for the 2019 and 2022 elections.
The Local Government Act 2002 Amendment Act 2012 sets out procedures which must be followed during proposals to:
Proposals for a boundary alteration or transfer of functions from one local authority to another will be considered either by a joint committee of the affected local authorities or an appointed local authority, or by the Local Government Commission (if the local authorities refer the proposal to the Commission or if the local authorities cannot agree on which of them should deal with the matter or appoint a joint committee within 60 days of receiving the proposal).
Proposals for the establishment of a new district or the creation of a unitary authority will be dealt with by the Local Government Commission.
Further information on these requirements can be found in the Local Government Act 2002 Amendment Act 2012. The Local Government Commission also provides guidelines on procedures for Local Government reorganisation.
In accordance with the Local Government Commission’s December 2018 Determination, the Hawke’s Bay region is divided into five constituencies. The following table shows the number of representatives and the approximate population of each constituency.
Constituency |
Population |
Reps |
Population per Rep |
Difference from average |
Percentage difference |
Central Hawke's Bay |
13,850 |
1 |
13,850 |
-4,380 |
-24.03% |
Hastings |
59,150 |
3 |
19,700 |
+1,470 |
+8.06% |
Napier |
62,000 |
3 |
20,700 |
+2,470 |
+13.37% |
Ngaruroro |
20,850 |
1 |
20,850 |
+2,620 |
+14.4% |
Wairoa |
8,220 |
1 |
8,220 |
-10,010 |
-54.91% |
Total |
164,070 |
9 |
18,230 |
* The populations used are the estimated resident population as at 30 June 2017 provided by Statistics NZ.
The % difference column shows the calculation applied when determining whether an area complies with the +/-10% rule in section 19V(2) of the LEA. Where this difference falls outside the +/-10% range it is shown in bold.
This link will take you to the region’s constituencies map, showing the boundaries of each.
Good governance requires clarity of roles and respect between those charged with responsibility for the leadership of the council and those responsible for advice and the implementation of council decisions. The key roles are:
The role of the governing body includes:
The Deputy Chairperson is elected by the Members of the Council at the first meeting of the Council, and exercises the same roles as other elected Members. In addition, if the Chairperson is absent or incapacitated, or if the office of Chairperson is vacant, then the Deputy Chairperson must perform all the responsibilities and duties, and may exercise the powers of the Chairperson (as summarised above).
The Council may create one or more Committees of Council. A Committee Chairman is responsible for presiding over meetings of the Committee, ensuring that the Committee acts within the powers delegated by Council.
Elected members have specific obligations governing their conduct, set out in the following legislation.
Regional Council and Committee meetings are open to the public, except where items of business specifically exclude the public. Meeting dates and times are published in Hawke’s Bay Today and on Council’s website here. Following the elections in October 2016, the Council reviewed its committee structure and established the following committees.
The legal requirements for Council meetings are set down in the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 (LGOIMA).
All Council and committee meetings must be open to the public unless there is reason to consider some items ‘in committee’. The LGOIMA contains a list of the circumstances where Councils may consider items with the public excluded. These circumstances generally relate to protection of personal privacy, professionally privileged or commercially sensitive information, and the maintenance of public health, safety and order. The Council agenda is a public document, although parts may be withheld if the above circumstances apply.
Although meetings are open to the public, members of the public do not have speaking rights unless prior arrangements are made with Council.
Agendas are available from reception two days before each meeting or on the Council website. The Council also hosts public meetings on occasions, at venues throughout the region, to discuss planning issues, work programmes or other concerns that require public input.
The Chairperson is responsible for maintaining order at meetings and may, at his or her discretion, order the removal of any member of the public for disorderly conduct, or remove any member of Council who does not comply with standing orders.
Minutes of meetings must be kept as evidence of the proceedings of the meeting and are made publicly available, subject to the provisions of the LGOIMA.
For an ordinary meeting of Council, at least 14 days notice of the time and place of the meeting must be given. Extraordinary meetings can be called by the Chairperson or Chief Executive provided notice of that Extraordinary meeting is given to each member of the council, by whatever means reasonable in the circumstances, at least 24 hours before the time appointed for the meeting.
During meetings the Chairperson and Councillors must follow Standing Orders (a set of procedures for conducting meetings). The Council may suspend Standing Orders by a vote of 75% of the members present.
In some cases, and as we are required under the Act, HBRC will use the special consultative procedure to issue a proposal. When that happens, the proposal will be open to the community to provide their views for at least a month. The process we will follow is to:
HBRC may also request advice or comment from a Council officer or any other person.
Where HBRC is required to use the special consultative procedure as part of making or amending bylaws, the statement of proposal must include:
Where HBRC is required to or chooses to use the special consultative procedure, the statement of proposal is a draft of any plan, policy or similar document or in any other case a detailed statement of the proposal which must include:
Under the Local Government Act 2002, a local authority must establish and maintain processes to provide opportunities for Māori and foster Māori capacity to contribute to the decision-making processes of the local authority.
This statement sets out the avenues to develop Māori capacity to contribute to Council’s decision-making processes.
Treaty Settlements with Hawke’s Bay claimant groups are significant for HBRC where they relate to natural resource management and cultural redress.
HBRC and the Treaty claimant groups worked collectively to establish the Regional Planning Committee. This was formally adopted by the Council in September 2011 and the first Regional Planning Committee meeting was held in April 2012.
The Hawke’s Bay Regional Planning Committee Act came into effect in August 2015. This Act formalises the statutory existence of the Committee. The purpose of this Act is to improve tāngata whenua involvement in the development and review of documents prepared in accordance with the Resource Management Act 1991 for the Hawke’s Bay region. The RPC comprises equal numbers of elected members and Treaty settlement claimant representatives. All committee members have full speaking and voting rights.
When the committee has prepared a plan or policy statement or a change to either of these, it recommends the document to HBRC for formal adoption and public notification. HBRC cannot then make amendments before notification but must refer the document back to the committee for its further consideration should it not agree with the Committee’s recommendation.
HBRC has had a representative group of Ngati Kahungunu tāngata whenua as its Māori committee since 1991, one of the first councils in New Zealand to do so.
The committee consists of 12 Māori members, three from each of the four Taiwhenua within HBRC boundaries plus three councillors.
The committee meets every third month and considers relevant issues and provides the Council with recommendations, taking into account tāngata whenua views, expectations and aspirations.
In 1994 a charter was developed which set out the way in which the Māori committee and HBRC would engage. The Charter was last reviewed in October 2017 and includes HBRC’s responsiveness to its statutory obligations including policies aligning to the Te Tiriti O Waitangi, resource consents consultation, and communication and engagement. Consultation policies will be developed as part of the Māori Committee’s 2018/19 work programme specifically defining how it will be involved in decision-making processes.
In summary, capacity building processes for tāngata whenua include:
Regional Transport Committtee
Corporate and Strategic Committee|
Environment and Services Committee
Hearings Committee
HBRC is committed to building the cultural competency of all its staff to ensure effective co-management of the region’s natural resources. HBRC is developing a cultural competency framework to enable staff to understand te reo (Māori language), tikanga (protocols) and te taiao (environment through a Māori lens).
This will provide staff with the knowledge and tools for engaging appropriately with tāngata whenua.
HBRC recognises Mātauranga Māori and Kaitiakitanga are emerging fields of Council business therefore formal engagement of this capability is sought when needed. A new position of Tumuaki will strengthen our knowledge of Mātauranga Māori and enhance relationships with tāngata whenua of our region.
HBRC recognises that treaty settlements are accelerating change, and as such provide Council with both challenges and opportunities. HBRC will work to incorporate legislative requirements of post-Treaty settlement arrangements and tāngata whenua engagement into our day-to-day business processes, aiming for Māori partnerships to become business as usual.
A fundamental partnership exists between HBRC and the Treaty Settlement Groups. While this is tangibly demonstrated through the Regional Planning Committee, HBRC is committed to meeting with the Post settlement governance entities on a regular basis to discuss matters of concern beyond the remit of the Regional Planning Committee. HBRC has continued to forge strong relationships with individual marae communities and hapu groups as well as with the Treaty claimant groups, both inside and outside of the Regional Planning Committee.
HBRC staff and councillors attend hui throughout the region involving particular marae communities to listen to particular issues that those communities have, and to assess where Council can best help. Some of those strong relationships have seen Council and marae work in tandem on issues affecting that particular community. These relationships have been particularly positive in assisting marae communities to enhance waterways and develop initiatives that affect broader marae communities
Council is supported by a professional corporate organisation, led by the Chief Executive. Officers provide Council with policy advice and are responsible for implementing Council’s policies to achieve the results Council wants.
In February 2012 Hawke’s Bay Regional Council (HBRC) established a Council Controlled Trading Organisation called the Hawke’s Bay Regional Investment Company Limited (HBRIC Ltd). HBRC has a 100% shareholding in HBRIC Ltd which has a 100% shareholding in the subsidiary company, the Port of Napier Limited (PONL).
To facilitate a reduced Council holding in Napier Port, it is likely that a newly incorporated subsidiary of HBRIC would become the holding company of PONL. Post the formation of any HoldCo, all shares in PONL wouldl be transferred to HoldCo pursuant to a sale and purchase arrangement between HoldCo and HBRIC Ltd. HoldCo would then issue a yet to be determined quantum of new shares on the New Zealand Stock Exchange (NZX), diluting HBRIC Ltd’s holding in HoldCo to a minimum of 51%. In return, HBRIC Ltd will receive a portion of IPO proceeds. The dilution may occur in multiple phases over time, never falling below 51% without a special consultative process.
A strategic asset is defined in the Local Government Act 2002 as “an asset or group of assets that the local authority needs to retain to maintain its capacity to achieve or promote any outcome that it determines to be important to the current or future well-being of the community”. Council’s strategic assets are listed in its Significance and Engagement Policy. HoldCo would also become a strategic asset once it owned shares in PONL.
For the purposes of this LTP, the CCO is named HoldCo but it is likely that, upon its formation, an alternative name would be given to the entity.
Policy and Objectives in Relation to Ownership and Control
HBRC will retain majority ownership of HoldCo/PONL through its wholly owned investment company. HBRIC Ltd and PONL are both strategic assets of HBRC and will therefore require a special consultative process if there was to be any dilution of the shareholding below 51%,
HBRC’s objectives in setting up HBRIC Ltd are to:
Nature and Scope of the Activities
The nature and scope of HBRIC Ltd’s activities are to:
- Grouping together HBRC’s ownership of its subsidiary companies.
- Separation of the subsidiary companies from the ordinary operations of HBRC.
- Smoothing the cash flows to HBRC from its subsidiary companies.
- Enabling diversification of the Region’s income streams for the benefit of ratepayers.
- Enhancing HBRC’s capability to manage an active investment policy.
Key Performance Targets
HBRIC Ltd is to actively manage its allocated investment portfolio and any new investment it makes to ensure:
Once HoldCo is established it will become a strategic asset of HBRC.
Policy and Objectives in Relation to Ownership and Control
HBRC’s and HBRIC’s objectives in setting up HoldCo are to:
Nature and Scope of the Activities
The nature and scope of HoldCo’s activities are to:
Key Performance Targets
The key performance targets of HoldCo are:
Hawke’s Bay Regional Council has had a strong commitment to an Equal Employment Opportunity Policy and Programme since 1990. The philosophy and reasoning for adopting an EEO Policy have become an integral part of the operations of Council. All new staff are issued with a pamphlet outlining the Council’s commitment to EEO.
Hawke’s Bay Regional Council is committed to a policy of equal employment opportunities for all employees and potential employees. The Council regards the elimination of any discrimination and the provision of equal opportunities, as essential principles in the management of staff resources.
The Council affirms this commitment through a policy of positive action by adopting constructive policies and practices for equal opportunities in all aspects of employment, including: recruitment, selection and appointment, education, training and development, career planning and promotions. Personnel policies shall apply equally to all staff employed by Council. The Council actively endorses the policy of giving preference to the person best suited to the position - this is known as the merit principle. However, no employee or potential employee, shall gain any advantage or suffer any disadvantage for reasons such as: race, colour, disability, nationality or ethnic origin, gender, age, marital status, personal sexual preference, religious or political beliefs.
The programme goals are:
A full copy of the Council’s EEO policy is available from the Human Resources Manager.
The following have been identified as key Council planning and policy documents. A number of these documents are currently under review. To view or to find out more about these plans, reports, policies and strategies see Council’s website: www.hbrc.govt.nz.
The Council has prepared a number of plans and strategies under various pieces of legislation, including the Local Government Act 2002, Resource Management Act 1991, Biosecurity Act 1993 and the Land Transport Management Act 2003.
Plan |
Detail |
Purpose |
Regional Pest Management Strategy 2019 |
Operative February 2019 |
Provides the framework for managing defined pests in the region and sets out objectives Council wishes to achieve. |
Plan |
Detail |
Purpose |
Regional Coastal Environment Plan |
Operative 8 November 2014 |
To assist Hawke’s Bay Regional Council’s role under the RMA of promoting the sustainable management of natural and physical resources within the coastal environment, including the coastal marine area. |
Regional Policy Statement & Regional Resource Management Plan |
Operative August 2006 Subject to issue-by-issue rolling review |
To assist Hawke’s Bay Regional Council’s role under the RMA by setting out a policy framework for managing natural and physical resource use in an integrated manner across the whole of the region (the regional policy statement), and regional planning provisions applicable for the region, excluding the coastal environment. |
Land Transport Management Act 2003
Plan |
Detail |
Purpose |
Regional Land Transport Plan 2015-25: 2018 Review |
Adopted June 2018 |
The Regional Land Transport Plan sets out the region’s land transport objectives, policies and measures for a ten year period. It includes the region’s funding application to the New Zealand Transport Agency for local road and state highway maintenance and improvements, public transport, walking and cycling, road safety education, transport planning and other activities. |
Regional Public Transport Plan 2019-29 |
Public consultation closes 6 May 2019 |
The Regional Public Transport Plan sets out which public transport services are integral to the region’s network. The Plan is also a statement of policies and procedures that apply to the public transport services provided in the region, and describes how they will be managed. |
Plan |
Detail |
Purpose |
Annual Report year end 30 June 2018 |
Operative November 2018 |
This report compares actual performance with proposed performance set out in Council’s planning documents, and contains audited financial statements, set of accounts, and annual financial reports which assess Council’s financial performance against budget |
Long Term Plan (LTP) 2018-28 |
Operative July 2018 |
This plan, which includes the Annual Plan 2018-19, includes information on Council’s policies, actions and funding that are to be undertaken over the ten years of the planning period. This Plan includes community outcomes, policies and statements required by the Local Government Act 2002. |
Annual Plan 2019-20 |
Will be Operative July 2019 |
This plan includes budgets, funding and financial statements for that year, which are contained within the LTP 2018-28. |
Asset Management Plans |
Operative 2018 |
These plans focus on the management of flood control and drainage scheme assets; the level of service they provide; and their improvements and replacement. There are 3 plans for Council’s flood and drainage schemes, and these are updated regularly. |
HBRC Significance & Engagement Policy |
Adopted by Council resolution 27 June 2018 (due to be reviewed November 2019) |
This policy:
|
Triennial Agreement |
Adopted by Council resolution 22 February 2017 |
This agreement promotes cooperation between local authorities for communication and coordination, also to avoid duplication when engaging communities and exercising general empowerment. |
Navigation Safety Bylaws |
Operative 3 September 2018 |
The Navigation Safety Bylaws 2018 provide for Council to regulate or control navigation of vessels in the navigable waters within its region out to the 12 mile limit and also to regulate related activities for the purpose of safety, such as the mandatory carriage of lifejackets. In addition, the bylaws enable certain areas to be reserved for certain activities in the interest of separating conflicting recreational activities. |
Council Policies
Plan |
Detail |
Purpose |
HBRC 2017-21 Strategic Plan |
Adopted August 2017 |
To describe the vision, purpose, focus areas, values and intended approaches for the Council’s operations over the next 5 years. |
All complaints are presently dealt with through the Chief Executive’s office. Complaints are received and acknowledged by the Chief Executive’s Executive Assistant, then recorded onto an action list stating the action required, person responsible and timeframe for action (10 days from the date of letter). The complaint is then sent through to the appropriate Group Manager to action and respond. Copies of any resultant correspondence to the complainant and records of any action taken are provided to the Chief Executive for information.
Under the Local Government Official Information and Meetings Act 1987 (LGOIMA) any person may request information from the Council. Any request for information is a request made under LGOIMA. You do not have to say you are making a request under LGOIMA.
Once a request is made the Council must supply the information unless reason exists for withholding it. The LGOIMA says that information may be withheld if release of the information would:
The Council must respond to requests within 20 working days (although there are certain circumstances where this timeframe may be extended) and is allowed to charge for official information under guidelines set down by the Ministry of Justice.
Disclaimers and Copyright
While every endeavour has been taken by the Hawke's Bay Regional Council to ensure that the information on this website is
accurate and up to date, Hawke's Bay Regional Council shall not be liable for any loss suffered through the use, directly or indirectly, of information on this website. Information contained has been assembled in good faith.
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