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Proposal

Note – this version is presented as an accessible alternative. The pdf version (2.1mb) is the authoritative version.

Appendices

The proposal in detail

HAWKE’S BAY COUNCIL

1. Scope and timing of reorganisation

(1) The final proposal is for:

(a) the constitution of a new district to be known as Hawke’s Bay District (as shown in the map contained in Schedule A to this proposal) including a new local authority for that district to be called Hawke’s Bay Council

(b) the abolition of the Wairoa, Napier, Hastings and Central Hawke’s Bay Districts and the Hawke’s Bay Region, including the dissolution of the local authorities for those districts and region (referred to in this proposal as “the former authorities”)

(c) the alteration of the boundaries of the Bay of Plenty and Manawatū-Whanganui Regions to include parts of Taupo and Rangitikei Districts, shown in Schedule A, falling within the abolished Hawke’s Bay Region.

(d) the transfer to Hawke’s Bay Council of regional council statutory obligations relating to river catchment management from Bay of Plenty Regional Council and Manawatū-Whanganui (Horizons) Regional Council for the parts of Taupo and Rangitikei Districts falling within the abolished Hawke’s Bay Region respectively.

(2) The timing of the final proposal will be:

(a) changes identified in 1(b) will take effect at the close of 31 October 2016

(b) changes identified in 1(a), (c) and (d) will take effect at the beginning of 1 November 2016.

2. Hawke’s Bay Council

(1) Hawke’s Bay Council will be a unitary authority, which is a territorial authority that has the responsibilities, duties and powers of a regional council conferred on it by the Order in Council that will give effect to the reorganisation scheme for this final proposal.

(2) Hawke’s Bay Council will comprise a governing body and the local boards described in clause 12.

(3) Hawke’s Bay District will comprise:

(a) the areas of the abolished Wairoa, Napier, Hastings and Central Hawke’s Bay Districts

(b) Bare Island (which means the Minister of Local Government will no longer be the territorial authority for the island)

(4) Hawke’s Bay Council will receive the transfer of statutory obligations set out in clauses 5(4) and 6(4) below.

3. Taupo District Council

(1) Taupo District Council will continue in existence as a territorial authority for Taupo District, including the parts of its district falling within the abolished Hawke’s Bay Region.

(2) There will be no changes to the council’s boundaries, representation arrangements, areas of interest of iwi and hapū, communities or statutory obligations.

4. Rangitikei District Council

(1) Rangitikei District Council will continue in existence as a territorial authority for Rangitikei District, including the part of its district falling within the abolished Hawke’s Bay Region.

(2) There will be no changes to the council’s boundaries, representation arrangements, areas of interest of iwi and hapū, communities or statutory obligations.

5. Bay of Plenty Regional Council

(1) Bay of Plenty Regional Council will continue in existence as a regional council for Bay of Plenty Region.

(2) Bay of Plenty Region will be extended so that its boundary includes the parts of Taupo District falling within the abolished Hawke’s Bay Region.

(3) The areas of Taupo District to be included in Bay of Plenty Region will be added to both:

(a) the Eastern Bay of Plenty Constituency and there will be no change to existing representation arrangements for this constituency and

(b) the Okurei Māori Constituency and there will be no change to existing representation arrangements for this constituency.

(4) Bay of Plenty Regional Council’s statutory obligations as a regional council in relation to managing rivers and their use, river-related soil erosion and flooding, flood protection and overall catchment management will be transferred to Hawke’s Bay Council but only in respect of the parts of Taupo District falling within the abolished Hawke’s Bay Region. This will include (but is not limited to) obligations under the following legislation:

(a) Biosecurity Act 1993

(b) Land Drainage Act 1908

(d) Resource Management Act 1991

(e) Soil Conservation and Rivers Control Act 1941

(f) Building Act 2001 in relation to dams

(g) any associated regulations.

6. Manawatū-Whanganui (Horizons) Regional Council

(1) The Manawatū-Whanganui Regional Council will continue in existence as a regional council for Manawatū-Whanganui Region.

(2) Manawatū-Whanganui Region will be extended so that its boundary includes the part of Rangitikei District falling within the abolished Hawke’s Bay Region.

(3) The area of Rangitikei District to be included in Manawatū-Whanganui Region will be added to the Manawatu-Rangitikei Constituency and there will be no change to existing representation arrangements for this constituency.

(4) Manawatū-Whanganui Regional Council’s statutory obligations as a regional council in relation to managing rivers and their use, river-related soil erosion and flooding, flood protection and overall catchment management will be transferred to Hawke’s Bay Council but only in respect of the part of Rangitikei District falling within the abolished Hawke’s Bay Region. This will include (but is not limited to) obligations under the following legislation:

(a) Biosecurity Act 1993

(b) Land Drainage Act 1908

(d) Resource Management Act 1991

(e) Soil Conservation and Rivers Control Act 1941

(f) Building Act 2001 in relation to dams

(g) any associated regulations.

7. First election

(1) The first election of Hawke’s Bay Council will be held on 8 October 2016.

(2) The first election of Hawke’s Bay Council will be held using the first past the post electoral system.

8. Headquarters, area offices and service centre

(1) The administrative headquarters of Hawke’s Bay Council will be located in the area of the former Napier City.

(2) Hawke’s Bay Council must establish and maintain area offices in Wairoa, Napier, Hastings and Waipawa.

(3) Hawke’s Bay Council must maintain, for not less than 5 years, the existing service centre in Waipukurau.

(4) The services to be provided to the public from the area offices and service centre at the time Hawke’s Bay Council is established are to be identified by the transition board.

REPRESENTATION ARRANGEMENTS

9. Hawke’s Bay District wards

Hawke’s Bay District will be divided into five wards as follows:

(a) Wairoa Ward

(b) Ngaruroro Ward

(d) Hastings Ward

(e) Central Hawke’s Bay Ward.

10. Hawke’s Bay Council governing body membership

(1) Hawke’s Bay Council governing body will comprise a mayor and 18 councillors.

(2) The mayor will be elected at large and the councillors from wards as follows:

(a) 2 councillors elected by Wairoa Ward

(b) 2 councillors elected by Ngaruroro Ward

(d) 6 councillors elected by Hastings Ward

(e) 2 councillors elected by Central Hawke’s Bay Ward.

(3) The proposed wards and councillors are shown in the map contained in Schedule A.

LOCAL BOARD AREAS AND LOCAL BOARDS

11. Local board areas

(1) The following local board areas will be established:

(a) Wairoa Local Board Area

(b) Ngaruroro Local Board Area

(d) Hastings Local Board Area

(e) Central Hawke’s Bay Local Board Area.

(2) The boundaries of the local board areas will be the same as for the five wards.

12. Local boards

(1) For each local board area there will be a local board as follows:

(a) Wairoa Local Board

(b) Ngaruroro Local Board

(d) Hastings Local Board

(e) Central Hawke’s Bay Local Board.

(2) Each local board will have the membership set out below:

(a) Wairoa Local Board – 6 elected members and 2 appointed members

(b) Ngaruroro Local Board – 7 elected members and 2 appointed members

(d) Hastings Local Board – 9 elected members and 2 appointed members

(e) Central Hawke’s Bay Local Board – 6 elected members and 2 appointed members.

(3) The elected members of the local boards will be elected from subdivisions as set out in Schedule B to this proposal.

(4) The appointed members will be appointed by, and be members of, the governing body of Hawke’s Bay Council representing the ward in which the local board area is situated in accordance with section 19EA of the Local Electoral Act 2001.

(5) Each local board will elect a chairperson from amongst its members.

13. Role of local boards

(1) The role of each local board will be to carry out the statutory, allocated and delegated responsibilities of a local board.

(2) Each local board’s initial allocated responsibilities will be those allocated to it under the reorganisation scheme giving effect to this final reorganisation proposal for Hawke’s Bay.

Note: for the purposes of this final reorganisation proposal, a potential set of allocations of responsibility to the local boards is set out in Schedule C. The final allocations will be determined by the Commission, with advice from the transition board, and set out in the reorganisation scheme. Schedule C also contains a set of delegations from the governing body to the local boards that the Commission recommends for consideration by the Hawke’s Bay Council governing body.

14. Role of the governing body

(1) The role of the governing body will be to carry out its statutory and allocated responsibilities.

(2) The governing body’s initial allocated responsibilities will be those allocated to it under the reorganisation scheme giving effect to this final reorganisation proposal for Hawke’s Bay.

MĀORI PARTICIPATION

15. Hawke’s Bay hapū/iwi

Hawke’s Bay hapū/iwi and their areas of interest in the proposed Hawke’s Bay District/Region are set out in Schedule D.

16. Hawke’s Bay Regional Planning Committee

(1) Hawke’s Bay Council must establish a Hawke’s Bay Regional Planning Committee in accordance with the Hawke’s Bay Regional Planning Committee Act 2015. Note: this clause is subject to the enactment of the Hawke’s Bay Regional Planning Committee Act 2015 which is expected in June 2015.

(2) The Hawke’s Bay Regional Planning Committee will be a joint committee of Hawke’s Bay Council.

(3) The committee will comprise:

(a) 1 member appointed by the trustees of Maungaharuru-Tangita Trust

(b) 1 member appointed by the trustees of the Ngāti Pāhauwera Development Trust

(d) 1 member appointed by the trustees of the Ngati Tuwharetoa Hapu Forum Trust

(e) 1 member appointed by Mana Ahuriri Incorporated

(f) 1 member appointed by Ngati Hineuru Iwi Incorporated

(g) 1 member appointed by Te Tira Whakaemi o Te Wairoa

(h) 2 members appointed by He Toa Takitini

(i) 1 member appointed by the appointer for Ngāti Ruapani ki Waikaremoana council.

(j) 10 members of Hawke’s Bay Council appointed by the council.

(4) The committee will have two co-chairpersons being one nominated by tāngata whenua members and one nominated by Hawke’s Bay Council.

(5) The purpose of the committee is to oversee the development and review of documents prepared in accordance with the Resource Management Act 1991 for the same area as the abolished Hawke’s Bay Region.

(6) The functions and powers of the committee will be as set out in the Hawke’s Bay Regional Planning Committee Act 2015.

(7) The committee will have the powers reasonably necessary to carry out its functions in a manner consistent with the specified legislation.

(8) Terms of reference for the committee will be as provided for in the Hawke’s Bay Regional Planning Committee Act 2015.

17. Council’s obligations

(1) For the purposes of enabling the Hawke’s Bay Regional Planning Committee to carry out its functions, Hawke’s Bay Council must refer all matters referred to in section 10(2)(a) of the Hawke’s Bay Regional Planning Committee Act 2015 to the committee and provide all necessary documents or other information to the committee.

(2) The council must meet its obligations under the terms of reference for the Hawke’s Bay Regional Planning Committee and other obligations and requirements set out in the Hawke’s Bay Regional Planning Committee Act 2015.

18. Māori Board

(1) Hawke’s Bay Council must constitute and maintain, until at least the 2019 triennial general election, a committee to be called the Māori Board.

(2) The Māori Board will comprise:

(a) the mayor of Hawke’s Bay and three councillors appointed by the council

(b) representatives of Hawke’s Bay hapū/iwi/Māori considered appropriate, after consultation, by Hawke’s Bay Council.

(3) The board will elect a chairperson from amongst its members.

(4) The purpose of the board will be to help ensure that the views of hapū/iwi/Māori are taken into account in the exercise by the council of its functions, powers and duties.

(5) The responsibilities of the board will be to:

(a) assist the council to meet its obligations to provide opportunities for hapū/iwi/Māori to contribute to the decision-making processes of the council

(b) advise the council on the application of statutory functions referring to the Treaty of Waitangi

(c) assist the council to foster the development of hapū/ iwi/Māori capacity to contribute to council decision- making processes

(d) promote cultural, economic, environmental and social issues of significance for all Māori

(e) develop and maintain a schedule of issues of significance to hapū/iwi/Māori and give a priority to each issue in order to guide the board in carrying out its responsibilities

(f) advise the council generally on matters affecting hapū/iwi/Māori.

(6) Until at least the 2019 triennial election, the board may nominate a member for appointment to each of the council’s committees, with full voting rights, other than:

(a) the Hawke’s Bay Regional Planning Committee

(b) any committee established principally to review the chief executive’s performance or remuneration

(d) joint committees of local authorities.

19. Council’s obligations

(1) Hawke’s Bay Council must:

(a) provide the Māori Board with sufficient information to enable the board to identify business of the council that relates to the board’s purpose

(b) consult the board on matters materially affecting hapū/iwi/Māori of Hawke’s Bay

(c) take into account the board’s advice on ensuring that the input of hapū/iwi/Māori of Hawke’s Bay is reflected in the council’s strategies, policies and plans

(d) take into account the board’s advice on other matters

(e) make an agreement every year to provide the board with reasonable funding and the support it needs to carry out its purpose

(f) with the exception of documents and processes relating to the Resource Management Act 1991, work with the board on the design and execution of documents and processes that seek the input of hapū/ iwi/Māori of Hawke’s Bay.

(2) The council and the board must meet at least 2 times in each financial year to discuss the council’s and the board’s performance of their duties.

20. Relationship with Māori

The existence of the Māori Board and the Hawke’s Bay Regional Planning Committee does not affect or reduce Hawke’s Bay Council’s responsibilities to have direct relationships with Hawke’s Bay hapū/iwi/Māori and to meet any obligations under any Act in relation to Māori.

REGIONAL NATURAL RESOURCES

21. Natural Resources Board

(1) Hawke’s Bay Council must constitute and maintain, until at least the 2019 triennial general election, a committee to be called the Natural Resources Board.

(2) The Natural Resources Board will comprise:

(a) 3 members appointed by the council

(b) representatives of rural, primary production and environmental organisations and interests that the council, after consultation, considers appropriate.

(3) The purpose of the board will be to provide advice to the council and Hawke’s Bay Regional Planning Committee on issues relating to environmental management, rural land use and primary production, and how these are linked to the performance of the Hawke’s Bay regional economy.

(4) Responsibilities of the board will include but not be limited to providing advice on the management of freshwater, soil and land in the region.

FINANCIAL MATTERS

22. Rating

(1) Until Hawke’s Bay Council adopts an integrated rating system in accordance with subclause (2), the rating arrangements provided for in the former authorities’ revenue and financing policies and funding impact statements, included in the former authorities’ long-term plans, and as modified by any annual plans, continue to apply.

(2) Hawke’s Bay Council will adopt a single integrated rating system to come into force on 1 July 2021.

(3) Any general rate forming part of the integrated rating system will be assessed on the land value system.

(4) In conjunction with adopting an integrated rating system, Hawke’s Bay Council will prepare and apply a rates transition management policy to moderate the impact of the integrated system on individual rating units.

(5) Until a general revaluation of the whole of Hawke’s Bay is completed in accordance with the Rating Valuations Act 1998, and all components of that valuation take effect on the same date, section 131 of the Local Government (Rating) Act 2002 will apply to Hawke’s Bay Council as if it were a regional council.

23. Loans

(1) For a period until 1 July 2021, loans raised by the former authorities will be repaid by way of targeted rates over the district of the former authority for which that loan was raised (or part of the district where a loan was raised for the benefit of part of the area of the former district).

(2) Notwithstanding subclause (1), the area over which targeted rates are assessed to repay loans may be varied if it is determined that the area benefitting from a loan has changed.

(3) After 1 July 2021 it will be the responsibility of Hawke’s Bay Council to determine the basis on which the remaining outstanding balances of existing loans are repaid.

24. Financial assets

(1) For a period until 1 July 2021, the financial assets of the former authorities, including the income derived from those assets, will be used to renew or replace infrastructure in the district of the former authority.

(2) After 1 July 2021 it will be the responsibility of Hawke’s Bay Council to determine how the financial assets of the former authorities, including the income derived from those assets, are to be used.

25. Contributions

Hawke’s Bay Council will use any development contributions (under Part 8 of the Local Government Act 2002) or financial contributions (under the Resource Management Act 1991) held or owed to the former authorities for the purposes for which they were required by the former authorities.

26. Annual budgeting arrangements

(1) Hawke’s Bay Council will meet with Bay of Plenty and Manawatū-Whanganui (Horizons) Regional Councils at least once every year to discuss and agree on regional council services to be provided the next financial year in the areas of Taupo and Rangitikei Districts in respect of which regional statutory obligations have been transferred to Hawke’s Bay Council.

(2) It will be the responsibility of Bay of Plenty and Manawatū-Whanganui (Horizons) Regional Councils to budget and rate for the agreed level of regional council services in the areas of Taupo and Rangitikei Districts in respect of which regional statutory obligations have been transferred to Hawke’s Bay Council.

TRANSITION MATTERS

27. Transition body

(1) A transition body will be established by the Order in Council giving effect to the final proposal to establish Hawke’s Bay Council.

(2) The purpose of the transition body will be to:

(a) work with the Local Government Commission on, and facilitate local input into, the development of a reorganisation scheme to complete the final proposal on Hawke’s Bay

(b) provide advice to the Local Government Commission and affected authorities, as appropriate, on practical matters relating to the reorganisation scheme

(c) do anything else requested by the Local Government Commission in relation to development and implementation of the reorganisation scheme.

(3) The transition body will be responsible for:

(a) undertaking the roles and responsibilities specified in the Order in Council giving effect to the final proposal

(b) preparing and implementing a change management plan to guide the transition to the new Hawke’s Bay local government arrangements specified in the reorganisation scheme given effect to by subsequent Order in Council

(c) carrying out any other actions that the Local Government Commission considers necessary or desirable for the transition to the new arrangements.

(4) The transition body will comprise:

(a) a transition board and

(b) an implementation team.

28. Transition board

(1) The transition board will comprise 11 members as follows:

(a) an independent chair appointed by the Local Government Commission

(b) two members nominated by Napier City Council from amongst its elected members

(d) two members nominated by Hastings District Council from amongst its elected members

(e) two members nominated by Central Hawke’s Bay District Council from amongst its elected members

(f) two members nominated by Hawke’s Bay Regional Council from amongst its elected members.

(2) For the period from the day the final reorganisation proposal is given effect to by Order in Council until the day the reorganisation scheme is given effect to by Order in Council (phase 1), the functions of the transition board will be to:

(a) make recommendations to the Local Government Commission on matters of policy

(b) provide advice to the Commission including in respect of allocations of decision-making responsibility for non-regulatory activities to the local boards

(d) appoint an interim chief executive for Hawke’s Bay Council.

(3) For the period between the day on which the reorganisation scheme is given effect to and the implementation date for Hawke’s Bay Council, being 1 November 2016, (phase 2) it will be the responsibility of the transition board to:

(a) determine the services to be provided to the public from the area offices and service centre from implementation date until such time as the council reviews these

(b) make recommendations to Hawke’s Bay Council on necessary processes for agreeing annually the levels of regional council services to be provided in the areas of Taupo and Rangitikei Districts in respect of which regional statutory obligations, as set out in clause 5(4) and 6(4), have been transferred to Hawke’s Bay Council

(c) review and make recommendations to Hawke’s Bay Council on whether changes to existing council-controlled organisations are desirable or if any council-controlled organisations should be established or disestablished

(d) make recommendations to Hawke’s Bay Council on necessary and desirable delegations to local boards

(e) identify a process for the council to move to an integrated rating system by 1 July 2021.

29. Implementation team

(1) The Local Government Commission will appoint an implementation team, including a manager, from amongst the staff of the former authorities and consultants as required.

(2) The role of the implementation team will be to:

(a) give effect to decisions made by the transition board, the Local Government Commission and the former authorities

(b) provide advice on technical and operational matters to the transition board, the Local Government Commission and the former authorities

30. Planning and reporting documents

(1) The former authorities will prepare annual plans for the period 1 July 2016 to 31 October 2016 and these plans may be adopted simply by resolution if they are consistent with the financial statements and funding impact statements included in the former authorities’ long-term plans.

(2) The transition board will prepare and consult on a draft annual plan for the period 1 November 2016 to 30 June 2017 and submit the plan for adoption by Hawke’s Bay Council as soon as possible after 1 November 2016.

(3) The transition board will prepare and consult on an interim local boards funding policy for the period 1 November 2016 to 30 June 2017 and submit the policy for adoption by Hawke’s Bay Council as soon as possible after 1 November 2016.

(4) Hawke’s Bay Council will prepare and adopt by 30 June 2017 its first annual plan and local boards funding policy for the year 1 July 2017 to 30 June 2018.

(5) Hawke’s Bay Council will prepare a 30-year infrastructure strategy as part of the preparation of its long-term plan to be adopted by 30 June 2018.

(6) The final annual reports for the former authorities will cover the period 1 July 2015 to 31 October 2016.

(7) The first annual report for Hawke’s Bay Council will cover the period 1 November 2016 to 30 June 2017.

31. Further reorganisation applications

Pursuant to clause 21(5) of Schedule 3 of the Local Government Act 2002, no reorganisation applications relating to matters identified in section 24 of the Act may be submitted to the Local Government Commission during the period from the date of the Order in Council giving effect to this final proposal to 31 October 2022.

SCHEDULE A

Boundaries of proposed Hawke’s Bay District, wards and local board areas

SCHEDULE B

Subdivisions and membership of local boards

1. Wairoa Local Board

This map shows the boundaries of the Wairoa Local Board Area (which covers the area of the abolished Wairoa District) and the subdivisions for the purposes of local board elections.

Wairoa town subdivision: 3 elected members

Wairoa rural subdivision: 3 elected members

Two members of the governing body elected from Wairoa Ward.

2. Ngaruroro Local Board

This map shows the boundaries of the Ngaruroro Local Board Area (which covers the area of the Ngaruroro Constituency of the abolished Hawke’s Bay Region) and the subdivisions for the purposes of local board elections.

Mohaka subdivision: 2 elected members

Kahuranaki subdivision: 2 elected members

Heretaunga subdivision: 3 elected members

Two members of the governing body elected from Ngaruroro Ward.

3. Napier Local Board

This map shows the boundaries of the Napier Local Board Area (which covers the area of the abolished Napier City) and the subdivisions for the purposes of local board elections.

Ahuriri-Tamatea subdivision: 3 elected members

Nelson Park subdivision: 3 elected members

Taradale subdivision: 3 elected members

Two members of the governing body elected from Napier Ward.

4. Hastings Local Board

This map shows the boundaries of the Hastings Local Board Area (which covers the area of the Hastings Constituency of the abolished Hawke’s Bay Region) and the subdivisions for the purposes of local board elections.

Flaxmere subdivision: 2 elected members

Hastings Central subdivision: 5 elected members

Havelock North subdivision: 2 elected members

Two members of the governing body elected from Hastings Ward.

5. Central Hawke’s Bay Local Board

This map shows the boundaries of the Central Hawke’s Bay Local Board Area (which covers the area of the abolished Central Hawke’s Bay District) and the subdivisions for the purposes of local board elections.

Aramoana-Ruahine subdivision: 3 elected members

Ruataniwha subdivision: 3 elected members

Two members of the governing body elected from Central Hawke’s Bay Ward.

SCHEDULE C

Role of local boards

The local boards of Hawke’s Bay Council will be required to undertake the statutory functions, duties and powers of local boards set out in section 48H of the Local Government Act 2002.

This section provides that a local board:

must exercise the responsibilities conferred on it by section 48K(1)
must monitor and report on implementation of the local board agreement for its local board area
must communicate with community organisations and special interest groups within its local board area
must undertake any responsibilities or duties that are delegated to it by the governing body and may exercise any powers delegated to it
may consider and report to the governing body on any matter of interest to the local board.

Under section 48K(1) each local board will be responsible and democratically accountable for:

decision-making of Hawke’s Bay Council in relation to the non-regulatory activities allocated to it
identifying and communicating to Hawke’s Bay Council the interests and preferences of the people of its local board area in relation to the strategies, policies, plans and bylaws of Hawke’s Bay Council
identifying and developing bylaws specific for its local board area and proposing them to the governing body
reaching agreement with the governing body (as set out in a local board agreement) in respect of local activities in the local board area.

To assist it undertake its role, each local board must develop a local board plan that sets out the priorities and preferences of the communities in its local board area in respect of the level and nature of local activities to be provided over the next three years. This plan will inform the development of Hawke’s Bay Council’s long-term plan (section 48N).

Each local board plan will be the basis for annual local board agreements with the governing body (section 48O). The local board agreement will set out how Hawke’s Bay Council will reflect the priorities and preferences in the local board plan in respect of the local activities to be provided in the local board area, the responsibilities and powers delegated to the local board, and implementation or enforcement of bylaws resulting from any proposal by the local board.

The governing body will be required to adopt a local boards funding policy to provide certainty and predictability about the levels of funding for local boards (section 48M).

Governing body decision-making responsibilities

Section 48J of the Local Government Act 2002 sets out the decision-making responsibilities of the governing body. These responsibilities are in respect of:

regulatory responsibilities, duties and powers
transport networks and infrastructure
non-regulatory activities allocated to the governing body
establishment and maintenance of the capacity of Hawke’s Bay Council to provide services
the governance of council-controlled organisations
the financial management of Hawke’s Bay Council
reaching agreements with each local board on local activities.

For the purposes of section 48J, regulatory activities are seen as activities that Hawke’s Bay Council is required by legislation to undertake in order to achieve specific outcomes or avoid specific effects or consequences. These activities include such things as the use and development of land and other resources, preservation of the natural environment, protection of public health and safety and prevention or minimisation of public nuisance. Regulatory activities also include activities necessary to enforce prescribed standards or rules.

It follows that the Hawke’s Bay Council’s non-regulatory activities are all the other activities and services provided by the council to the public.

Allocation of non-regulatory decision-making responsibilities

The Local Government Act 2002 provides for the Local Government Commission, as part of a reorganisation scheme, to make initial allocations of responsibility for non-regulatory decision-making between the governing body and local boards. This final reorganisation proposal provides for the transition board to provide advice to the Commission on these allocations as part of the development of the required reorganisation scheme.

Section 48L of the Act sets out principles for allocation of non-regulatory decision-making responsibilities between the governing body and local boards. These principles provide that unless there are particular reasons for responsibility to be exercised by the governing body, responsibility for decision- making on non-regulatory matters should be exercised by local boards. The reasons why responsibility should be exercised by the governing body are:

the impact of the decision will extend beyond the local board area
effective decision-making requires alignment or integration with other decisions that are the responsibility of the governing body
the benefits of a consistent or co-ordinated approach outweigh benefits of reflecting local preferences.

To fully understand the responsibilities of both the governing body and the local boards, the meaning of ‘governance’ needs to be understood as distinct from ‘management’ responsibilities. Governance for a local authority is closely related to the purpose of local government which is to enable democratic local decision-making and action by and on behalf of communities, and 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 cost effective for households and businesses (section 10 of the Local Government Act 2002).

In relation to local boards, governance involves being responsible for decision-making in respect of allocated activities and being democratically accountable for the resulting decisions. This responsibility and accountability will be in the context of the local boards funding policy, local board plans and local board agreements all required by the Local Government Act 2002 to be prepared for the governing body and local boards of a unitary authority. Within the parameters of these documents, local board governance will involve responsibility and accountability for decision-making including such matters as approval of management plans, tenders, service levels and applications for use; the monitoring of service level performance and budgets; and promotional activities and funding initiatives.

Where governance is the responsibility of the governing body, the local boards may still be involved in terms of ‘oversight’

of new developments approved under regional plans and budgets including detailed design and location of facilities, impacts on the local community, and also ‘monitoring’ of local activities in major facilities located in the local board area (i.e. facilities not designated as regional but of significance beyond one local board area).

While formal allocations of responsibility will only occur through a reorganisation scheme, the following schedule of potential allocations (Table 1) is provided with this final reorganisation proposal in order to provide a picture of the likely scope of the role of local boards as part of Hawke’s Bay Council.

The final allocations will be decided in consultation with the Transition Board and included in the reorganisation scheme.

In future if a local board and the governing body cannot agree on allocations of responsibility or proposed bylaws then they can request the Local Government Commission resolves the matter.

Table 1: Schedule of potential allocations of non-regulatory decision-making responsibilities between the governing body and local boards of Hawke’s Bay Council

Parks and reserves
GOVERNING BODY	LOCAL BOARDS
Designation and governance of regional parks	Governance of local parks within agreed local boards funding policy, plans and agreements
General location of parks/acquisition of new parks/prioritisation of major upgrades	Oversight of development of new parks/major upgrades, including approval of detailed design and location, within regional policies and budgets
Coordination of sportsground usage as required on regional basis	Oversight of coordination of sportsground usage on local basis
Regional policies/any national standards	n/a
Recreational and community facilities
GOVERNING BODY	LOCAL BOARDS
Designation and governance of regional facilities	Governance of local facilities within agreed local boards funding policy, plans and agreements
Coordination of usage, promotion and overall budget responsibility for ‘major facilities’	Monitoring of usage and activities in major facilities in board area
General location of facilities/acquisition of new facilities/prioritisation of major upgrades	Oversight of development of new facilities/major upgrades, including approval of detailed design and location, within regional policies and budgets
Regional policies including charges	n/a
Arts and cultural facilities
GOVERNING BODY	LOCAL BOARDS
Designation and governance of regional facilities	Governance of local facilities within agreed local boards funding policy, plans and agreements
Coordination of usage and promotion of major facilities and overall budget responsibility	Monitoring of usage and activities in major facilities in board area
General location of facilities/acquisition of new facilities/prioritisation of major upgrades	Oversight of developments of new facilities/major upgrades’ including approval of detailed design and location, within regional policies and budgets
Regional policies including charges	n/a
Libraries
GOVERNING BODY	LOCAL BOARDS
Number and distribution of libraries	Governance of local libraries within agreed local boards funding policy, plans and agreements
Prioritisation of major upgrades	Oversight of development of new facilities/major upgrades, including approval of detailed design and location, within regional policies and budgets
Regional policies on collections, acquisitions, charging	n/a
Cultural, recreational and community development programmes and events
GOVERNING BODY	LOCAL BOARDS
Designation and governance of regional programmes/event	Governance of local programmes/events within agreed local boards funding policy, plans and agreements
Regional policies, prioritisation, coordination and consents	n/a
Environmental and heritage activities and projects
GOVERNING BODY	LOCAL BOARDS
Designation and governance of regional projects/sites	Governance of local projects/sites and identification of possible new sites/initiatives within agreed local boards funding policy, plans and agreements
Regional policies, prioritisation and coordination	n/a
Community place-shaping, public health and safety
GOVERNING BODY	LOCAL BOARDS
Regional policies, prioritisation and coordination	Governance of local public areas including town centres and street environments within agreed local boards funding policy, plans and agreements
Grants
GOVERNING BODY	LOCAL BOARDS
In relation to national/regional facilities, programmes and events	In relation to local facilities, programmes and events
Economic development
GOVERNING BODY	LOCAL BOARDS
Regional strategies, policies and initiatives	Governance in relation to local i-sites, events, initiatives, main street programmes and business advice including initiation, marketing, promotion and funding within regional policies
Roading and transport
GOVERNING BODY	LOCAL BOARDS
Regional strategies, policies, prioritising and funding	Responsibility in relation to agreed levels of service for non-regional infrastructure including rural roads, walking and cycling paths and tracks
Solid Waste
GOVERNING BODY	LOCAL BOARDS
Regional strategies, policies, prioritising and funding	Responsibility in relation to local collection services, transfer facilities and recycling services

Delegations of decision-making responsibilities

The Local Government Commission does not have the power to set delegations of governing body decision- making responsibility to local boards. However it believes such delegations are desirable and necessary and therefore recommends that the transition board identifies appropriate delegations and in turn recommends these to the governing body of Hawke’s Bay Council. Generally such delegations will relate to regulatory matters, given non-regulatory responsibilities should be the subject of allocations to local boards, but may also relate to actions by local boards taken prior to the exercise of decision-making responsibility by the governing body.

To complete the picture of the scope of the potential role of local boards as part of Hawke’s Bay Council, the Local Government Commission has identified possible delegations as set out in Table 2 and recommends these for consideration by the Transition Board.

Table 2: Recommended delegations by governing body to local boards of Hawke’s Bay Council

GOVERNING BODY RESPONSIBILITY	DELEGATIONS TO LOCAL BOARDS
Infrastructure services
Roading and transport	Approval of plans for local parking and signage
Regulatory services
RMA regulatory	Input into notification decisions for resource consent applications
Environmental health and safety	Actions, within overarching regional frameworks, prior to adoption by the governing body of dog, stock, liquor, gambling, prostitution policies and bylaws

SCHEDULE D

Hapū/iwi in Hawke’s Bay Region

Introduction

Clause 21(4) of Schedule 3 of the Local Government Act 2002 requires a final reorganisation proposal to also meet the clause 14(3) requirement to list the names and areas of interest of hapū and iwi in the reorganisation area, in this case, Hawke’s Bay Region.

The Commission has used information on the website Te Kahui Mangai (www.tkm.govt.nz), based on advice from Te Puni Kokiri for this purpose. The Commission has supplemented this advice with information from the Office of Treaty Settlements. Larger maps of rohe and areas of interest are available at Te Kahui Mangai.

Iwi and claimant groups

Ngāti Kahungunu
Ngai Tūhoe
Ngāti Tūwharetoa
Ngāti Kahungunu ki Heretaunga Tamatea
Mana Ahuriri (representing Ahuriri hapū a group of seven hapū)
Maungaharuru Tangitu
Ngāti Hineuru
Ngāti Pāhauwera
Ngāti Ruapani ki Waikaremoana
Te Wairoa

Figure 1: Hawke’s Bay Iwi Map, courtesy Te Puni Kokiri/Te Kahui Mangai

Figure 2: Ngai Tūhoe area of interest Map

Figure 3: Ngāti Tūwharetoa area of interest Map

Ngāti Kahungunu ki Heretaunga Tamatea
Ngati Kahungunu ki Heretaunga Tamatea hapū are:

Ngai Tahu ki Takapau
Ngai Te Ao
Ngai Te Kikiri o Te Rangi
Ngai Te Oatua
Ngai Te Rangikoianake
Ngai Te Ūpokoiri
Ngai Toroiwaho
Ngāti Hāwea
Ngati Hikatoa
Ngati Hinemanu
Ngati Hinemoa
Ngati Hinetewai
Ngāti Hoata
Ngāti Whatuiāpiti
Ngāti Honomokai
Ngati Hōri
Ngāti Hōtoa
Ngati Kautere
Ngati Kere
Ngāti Kotahi
Ngati Kurukuru
Ngati Mahuika
Ngati Manuhiri
Ngati Mārau o Kahungunu
Ngati Mihiroa
Ngati Ngarengare
Ngāti Pōporo
Ngati Pukututu
Ngati Rahunga
Ngāti Takaroa
Ngāti Tamatea
Ngāti Tamaterā
Ngati Te Rangitekahutia
Ngati Te Rehunga
Ngāti Toaharapaki
Ngāti Tukuaterangi
Ngati Urakiterangi
Ngati Whakaiti
Rangitotohu
Ngāti Pīhere
Ngāti Papatuamāro

Mana Ahuriri
Mana Ahuriri hapū are:

Ngāi Tāwhao
Ngāti Tū
Ngāi Te Ruruku ki Tangoio
Ngāti Matepu
Ngāti Hinepare
Ngāti Pārau
Ngāti Māhu

Maungaharuru Tangitu
Maungaharuru Tangitu hapū are:

Marangatuhetaua (Ngāti Tū)
Ngāi Te Ruruku ki Tangoio
Ngāti Kurumōkihi (Ngāi Tātarā)

Ngāti Hineuru
Ngāti Hineuru does not have hapū.

Ngāti Kahungunu
The hapū of Ngāti Kahungunu within the affected area are:

WAIROA

Kurahikakawa
Mātawhaiti
Ngāi Rākatō
Ngāi Tamaterangi
Ngāi Tānemitirangi
Ngāi Te Apatu
Ngāi Te Ipu
Ngāi Te Kapuamātotoru
Ngāi Tū
Ngāti Hine
Ngāti Hinehika
Ngāti Hinemihi
Ngāti Hinepehinga
Ngāti Hinepua
Ngāti Hingānga (Te Aitanga o Pourangahua )
Ngāti Kahu
Ngāti Kōhatu
Ngāti Kurupakiaka ( Te Kāwiti )
Ngāti Mākoro
Ngāti Mātangirau
Ngāti Mihi
Ngāti Moewhare
Ngāti Pāhauwera
Ngāti Peehi
Ngāti Tama
Rakaipaaka
Rongomaiwahine
Ruapani

Ngāti Kahungunu
The hapū of Ngāti Kahungunu within the affected area are:

WHANGANUI A OROTU

Marangatuhetaua ( Ngāti Tū )
Ngā Hau E Whā
Ngāi Tātara
Ngāi Tāwhao
Ngāi Te Ruruku ki Tangoio
Ngāti Hinepare
Ngāti Hineuru
Ngāti Hōri
Ngāti Kurumōkihi ( Ngāi Tātarā)
Ngāti Māhu
Ngāti Matepu
Ngāti Pārau
Ngāti Toaharapaki
Ngāti Tū
Ngāti Whakaari

Ngāti Kahungunu
The hapū of Ngāti Kahungunu within the affected area are:

HERETAUNGA

Ngāi Te Rangikoianake
Ngāi Te Ūpokoiri
Ngāti Hāwea
Ngāti Hikatoa
Ngāti Hinemanu
Ngāti Hinemoa
Ngāti Honomokai
Ngāti Hōri
Ngāti Hōtoa
Ngāti Kautere
Ngāti Kurukuru
Ngāti Mahuika
Ngāti Mihiroa
Ngāti Ngarengare
Ngāti Paki
Ngāti Papatuamāro
Ngāti Pōporo
Ngāti Rahunga
Ngāti Tama
Ngāti Tamaterā
Ngāti Taraia
Ngāti Te Rehunga
Ngāti Urakiterangi
Ngāti Whakaiti
Ngāti Whatuiāpiti
Ngāti Whiti
Ngāti Whitikaupeka

Ngāti Kahungunu
The hapū of Ngāti Kahungunu within the affected area are:

TAMATEA

Ngāi Tahu o Kahungunu
Ngāi Te Kikiri o Te Rangi
Ngāi Te Oatua
Ngāi Toroiwaho
Ngāti Hinetewai
Ngāti Kekehaunga
Ngāti Kere
Ngāti Manuhiri
Ngāti Mārau o Kahungunu
Ngāti Parakiore
Ngāti Pihere
Ngāti Pukututu
Ngāti Tamatea
Ngāti Tamaterā
Ngāti Whatuiāpiti
Rangi Te Kahutia
Rangitotohu
Tamatea Hinepare o Kahungunu

Ngāti Kahungunu
Some hapū in TAMAKI NUI A RUA may also be in the affected area:

Ngā Hau E Whā
Ngāti Hāmua
Ngāti Mutuahi
Ngāti Pakapaka
Ngāti Te Rangiwhakaewa
Te Hika a Pāpāuma

Ngāti Pāhauwera
Hapū of Ngāti Pāhauwera are:

Ngā Uri-o-Māmangu
Ngāi Tahu
Ngāi Tāne
Ngāi Tāpui
Ngāi Taumau
Ngāi Te Ao Kapiti / Aukapiti
Ngāi Te Aonui
Ngāi Te Āwhā
Ngāi Te Huki
Ngāi Te Ngau Pātea
Ngāi Te Rau
Ngāi Te Rauiri
Ngāti Iriwhata
Ngāti Kapekape
Ngāti Katihe
Ngāti Kōtihe
Ngāti Matengahuru
Ngāti Moe
Ngāti Pāhauwera
Ngāti Pāroa
Ngāti Peke
Ngāti Poupou
Ngāti Rāhui
Ngāti Rangitohumare
Ngāti Tahiroa
Ngāti Tataku
Ngāti Taumau
Ngāti Wera
Ngāti Te Rangitakuao
Ngāi Te Rongo
Ngāi Te Ruatai
Ngāi Te Ruruku
Ngāitahiao
Ngāitahuao
Ngāitaraparoa
Ngāti Hine Kū
Ngāti Hine Mura
Ngāti Hine Rākai
Ngāti Hine Tunge
Ngāti Hineiro
Ngāti Hinekaraka
Ngāti Hinemōkai
Ngāti Hineterangi/NgātiHinePaia
Ngāti Honomōkai
Ngāti Huatu
Ngāti Ira
Ngāti Irirangi
Ngāti Kaihaere
Ngāti Kapukapu
Ngāti Kawe
Ngāti Kura / Kurahikakawa
Ngāti Mawete
Ngāti Paeahi
Ngāti Pari
Ngāti Pēhi
Ngāti Pouanga
Ngāti Purua / Popoia
Ngāti Rangiaitu
Ngāti Ruakōhatu
Ngāti Taponga / Tapunga
Ngāti Tauhere
Ngāti Te Pānga
Ngāti Tuhemata
Ngāti Ao Kino
Ngāti Heki
Ngāti Heouri
Ngāti Hikapii
Ngāti Hine Kete
Ngāti Hine Kino
Ngāti Kahu-o-te-Rangi
Ngāti Kapua Mātotoru
Ngāti Kautata
Ngāti Kukura
Ngāti Matewai
Ngāti Mouru
Ngāti Paikea
Ngāti Patupaku
Ngāti Pōporo
Ngāti Pūraro
Ngāti Rangi Haere Kau
Ngāti Ririwehi
Ngāti Tangopu
Ngāti Tātua
Ngāti Te Māha

Ruapani ki Waikaremoana
Ruapani ki Waikaremoana hapū are:

Ngati Hinekura
Ngāti Taraparaoa
Te Whānau Pani

Te Wairoa
The hapū of Te Wairoa within the affected area are:

NGĀTI TAMATERANGI / HINEMANUHIRI

Ngāti Mākoro
Ngāti Tamaterangi

Te Wairoa
The hapū of Te Wairoa within the affected area are:

NGĀTI RAKAIPAAKA

Ngāi Tamakahu
Ngāi Te Rehu
Ngāi Tureia
Ngāti Kauaha
Ngāti Rangi

Te Wairoa
The hapū of Te Wairoa within the affected area are:

RONGOMAIWAHINE / TE RĀKATŌ

Ngāi Rākatō
Ngāi Tārewa
Ngāi Tū
Ngāti Hikairo
Rongomaiwahine

Te Wairoa
The hapū of Te Wairoa within the affected area are:

TE WAIROA TAPOKORAU

Ngāi Tanemitirangi
Ngāi Te Apatu
Ngāi Te Kapuamātotoru
Ngāti Hinemihi
Ngāti Kahu
Ngāti Kurupakiaka (Te Kāwiti)
Ngāti Mātangirau
Ngāti Mihi
Ngāti Moewhare
Ngāti Peehi

Te Wairoa
The hapū of Te Wairoa within the affected area are:

WAIROA-WAIKAREMOANA MĀORI TRUST BOARD

Ngāti Hinehika (Ngāti Kōhatu)
Ngāti Hingānga (Te Aitanga o Pourangahua)
Ngāti Kurupakiaka (Te Kāwiti)

Te Wairoa
The hapū of Te Wairoa within the affected area are:

WHAKAKĪ NUI-A-RUA

Mātawhaiti
Ngāi Te Ipu
Ngāti Hine
Ngāti Hinepua