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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 28 June 2023.
Hawke’s Bay Regional Council was established by the Local Government (Hawke’s Bay Region) Reorganisation Order 1989.
The purpose of local government 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.
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, we 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.
We are this region’s environmental management authority, promoting the wise use of Hawke’s Bay’s natural resources, now and for generations to come.
The boundaries of a regional council are generally based on river catchments, while district and city council territories are based on population and communities of interest.
Much of what we do is prescribed in legislation. There are numerous acts, regulations and national directives that specify a regional council’s function and role in various activities.
We have 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 healthy (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.
This document sets the direction and priorities for the five-year term and beyond. A major focus of the Plan is climate action and freshwater reform.
Find out more about our strategic outcomes, goals and actions in our document:
Te whakapakari tahi i tō tātau taiao.
Enhancing our environment together.
We want a healthy environment, and a resilient and prosperous community.
We work with our community to protect and manage the region’s precious taonga of rivers, lakes, soils, air, coast, and biodiversity for health, wellbeing, and connectivity.
Taken from our document: 2022 Pre-Election Report (pages 12-13).
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 August 2023 and decided to retain the status quo and continue with the First Past the Post electoral system for the 2025 election.
Te Matau-a-Māui-Hawke’s Bay Region is made up of seven constituencies and 11 Councillors. There are five general constituencies represented by nine Councillors, and two Māori constituencies represented by two Councillors.
More information, including a tool to find out which constituency your property falls in, is available on our Constituencies page.
The below map of constituencies is taken from our document:
Pre-Election Report 2022
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 the Hawke’s Bay Today newspaper and on Council’s website here.
Following the elections in October 2022, 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 Local Government Act (LGA), Regional Council 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:
Regional Council may also request advice or comment from a Council officer or any other person.
Where Regional Council is required to use the special consultative procedure as part of making or amending bylaws, the statement of proposal must include:
Where Regional Council 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.
HBRC recognises and is committed to a Treaty-based partnership approach to engagement and decisionmaking with tangata whenua/mana whenua as a critical part of our core business. Within Hawke’s Bay there are 11 iwi groups, around 91 hapū, and 79 marae.
Opportunities for Māori to contribute to decisionmaking include:
The committee structure, including membership, is reviewed and adopted following every election. The RPC is established under legislation so is permanent.
On 19 May 2021, Hawke’s Bay Regional Council voted unanimously to establish two Māori constituencies for the 2022 and 2025 local elections (to be elected by voters on the Māori roll). This ensures Māori are guaranteed proportional representation on our Regional Council. This reflects the constitutional
status of Māori under Te Tiriti o Waitangi (the Treaty of Waitangi) and provided for in the Local Government and Local Electoral Acts. The dedicated seats add to existing methods to engage with Māori.
HBRC has had a representative group of Ngāti Kahungunu tangata whenua as its Māori Committee since 1991, one of the first councils in New Zealand to do so.
The Committee consists of 12 members, three from each of the four taiwhenua within the Hawke’s Bay regional boundaries plus three councillors. The Committee meets every second month and plays a critical role in ensuring that the voices of hapū, marae, and whānau are heard on environmental activities and woven into our work programmes.
Treaty settlements with Hawke’s Bay claimant groups are significant for HBRC where they relate to natural resource management and cultural redress.
To date, Deeds of Settlement have been signed with the majority of the region’s iwi and hapū. Hawke's Bay Regional Council and the Treaty claimant groups worked collectively to establish the Regional Planning Committee (RPC). This was formally adopted by Regional 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, formalising the statutory existence of the Committee. The purpose of this Act is to improve tangata whenua involvement in the development and review of documents prepared in accordance with 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 the Regional Council for formal adoption and public notification. Hawke's Bay Regional Council 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.
Recently, elected councillors, the Māori Committee, and the RPC have committed to a joint partnership approach in the development of the Kotahi Plan. This means all three governing bodies meet regularly to set direction for the review and rewrite of the combined Regional Policy Statement, Resource and Coastal Environment Plans, which we’re calling Kotahi, as it progresses towards notification no later than 31 December 2024. This is an exciting development in co-governance for our region.
We recognise the need to grow cultural capability within the organisation. Hawke's Bay Regional Council's Māori Partnerships Group, led by Te Pou Whakarae, is committed to building the cultural competency of all staff. HBRC’s cultural competency framework aims 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 tangata whenua.
We recognise mātauranga Māori (Māori knowledge) is an emerging field in our work and a dedicated new role within the Māori Partnerships Team has been resourced through the Long Term Plan 2021-2031. External engagement of this capability is also sought when needed
See also our page: Tangata Whenua
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.
More information is available on our page: Management Team
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).
More information is available on our page: Hawke's Bay Regional Investment Company Ltd (HBRIC)
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.
Resource Management Act 1991 | Ture Tiaki Rawa Taiao 1991 | ||
---|---|---|
Plan | Detail | Purpose |
Regional Policy Statement & Regional Resource Management Plan (RRMP) | In effect from August 2006. Subject to issue-by-issue rolling review | To assist our 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 RRMP includes policies, objectives, methods, and rules applicable for the region (excluding the coastal environment). |
Hawke’s Bay Regional Coastal Environment Plan | In effect from November 2014 | To assist our role under the RMA to promote the sustainable management of natural and physical resources within the coastal environment, including the coastal marine area |
As noted above, a new plan, Kotahi, is being developed to update the above statement and plans. |
Biosecurity Act 1993 | Ture Ārai Koiora 1993 | ||
---|---|---|
Plan | Detail | Purpose |
Regional Pest Management Plan 2018-2038 | In effect from February 2019. Plan amendment consultation to take place in July 2022 | Provides the framework for managing defined pests in the region and sets out objectives we wish to achieve. |
Civil Defence Emergency Management (CDEM) Act 2002 | ||
---|---|---|
Plan | Detail | Purpose |
Group Plan 2014-19 Hawke’s Bay Civil Defence Emergency Management | In effect from June 2014. Review on hold due to the response operating framework review (as part of the recent CDEM review report) and the National Emergency Management Agency Regulatory Framework Review Programme (also known as the Trifecta), which will make changes to the CDEM Act and National Plan. | Primarily to guide and inform the agencies involved in CDEM (local government, emergency services, and nongovernment organisations). It also gives the Hawke’s Bay community an overview of how hazards and risks in the region will be managed as well as what individuals and communities can do to prepare. The Plan covers the areas of the region’s five councils. |
Land Transport Management Act 2003 | ||
---|---|---|
Plan | Detail | Purpose |
Hawke’s Bay Regional Land Transport Plan 2021-2031 | In effect from May 2021 | Sets out the regional vision, and objectives, targets, and policies to achieve that vision. It also includes a prioritised regional programme of transport activities, which is also the region’s funding bid application to Waka Kotahi NZ Transport Agency. This includes local road and state highway improvements, walking and cycling safety, and business cases. |
Regional Public Transport Plan 2019-2029 | In effect from June 2019. Currently under review with consultation planned for 2022 | Sets the objectives and policies for public transport, contains details of the public transport network and development plans for the next 10 years. Provides a means for councils, transport operators, stakeholders, and the public to work together to develop and improve the public transport network and supporting infrastructure. |
Local Government Act 2002 | Ture Kāwanatanga ā-Rohe 2002 | ||
---|---|---|
Plan | Detail | Purpose |
Long Term Plan (LTP) 2021-31 | In effect from July 2021 | Includes the community outcomes we aim to achieve, the activities planned to achieve those outcomes, and how the work will be funded over the 10-year planning period. The Plan also includes community policies, strategies, and statements required by the Local Government Act 2002, including our 30-year Infrastructure Strategy. Long Term Plans are reviewed and adopted every three years, with an Annual Plan prepared in the years between. |
Annual Plan 2022-2023 | In effect from July 2022 | Reviews the budget for the year, which is set out in the LTP 2021-2031 and highlights any variances. It also sets the rates for the year. |
Annual Report year end 30 June 2021 | In effect from May 2022 | Compares actual performance with proposed performance set out in our planning documents, and contains audited financial statements, set of accounts, and annual financial reports, which assess our financial performance against budget. |
Asset Management Plans (AMP) | ||
---|---|---|
Plan | Detail | Purpose |
Heretaunga Plains Flood Control Scheme | In effect from June 2021 | These plans set out the vision for managing, maintaining, and developing HBRC-owned assets in the various activity areas over the next 10 years. They provide a statement of how the associated assets will be managed to meet the objectives for which they were established (Levels of Service) and the issues that have and may impact the assets in the future. This is our first AMP for Open Spaces, reflecting the greater focus on public access to areas managed by us including river and drainage areas, regional parks reserves and coastal areas. |
Upper Tukituki Flood Control Scheme | In effect from February 2021 | |
Small Schemes | In effect from March 2021 | |
Open Spaces | In effect from April 2021 |
Other Council strategies, plans, and policies | ||
---|---|---|
Plan | Detail | Purpose |
HBRC Strategic Plan 2020-2025 | In effect from June 2020. To be reviewed following October 2022 Local Body elections | Sets out our vision and values, and strategic goals within four focus areas for our operations over the next five years and beyond. |
HBRC Significance & Engagement Policy | Last updated July 2021 |
Sets out:
|
Hawke’s Bay Region Triennial Agreement | Adopted by resolution February 2020. To be revised before March 2023 | Promotes collaboration between local authorities for communication and coordination, and for effectiveness and efficiency. |
HBRC Navigation Safety Bylaw 2018 | In effect from November 2018. To be reviewed and consulted on with revised bylaw to be implemented in 2023. | Enables us to regulate or control navigation of vessels in the navigable waters within its region out to the 12 nautical mile limit and also to regulate related activities for the purpose of safety, such as the mandatory carriage of lifejackets. In addition, it enables certain areas to be reserved for certain activities in the interest of separating conflicting recreational activities. |
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.
For more information, see our page: Requests for Official Information - LGOIMA
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.
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.
Some of the information available in this site is from the New Zealand Public domain and supplied by relevant
government agencies. Hawke's Bay Regional Council cannot accept any liability for its accuracy or content.
Portions of the information and material on this site, including data, pages, documents, online
graphics and images are protected by copyright, unless specifically notified to the contrary. Externally sourced
information or material is copyright to the respective provider.
© Hawke's Bay Regional Council - www.hbrc.govt.nz / +64 6 835 9200 / info@hbrc.govt.nz