Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698842409330.pdf (New Zealand)
Hawke’s Bay Regional Planning Committee Bill Government Bill Explanatory note General policy statement This Bill implements the Government’s decision to establish a statu- tory body called the Hawke’s Bay Regional Planning Committee (the RPC).
The RPC will be a joint committee of the Hawke’s Bay Re- gional Council (the Council) and tāngata whenua members and will provide for 9 iwi or hapū groups to have input into the development and review of the regional policy statement and regional plans for the RPC region prepared in accordance with the Resource Management Act 1991.
The establishment of the RPC gives effect to the commitment made by the Government in the Ngāti Pāhauwera Deed of Settlement and recorded in the Maungaharuru-Tangitū Hapū Deed of Settlement to work with iwi and hapū and the Council to agree the details of the RPC in order to introduce legislation.
This form of Treaty settlement redress is consistent with the Government’s overarching position on natural resource management in the settlement of historical Treaty of Waitangi claims and is one of the 2 standard arrangements for involving iwi or hapū in natural resource management.
202—1 2 Hawke’s Bay Regional Planning Committee Bill Explanatory note Regulatory impact statement The Ministry of Justice (Office of Treaty Settlements) produced a regulatory impact statement on 27 September 2011 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at— http://nz01.terabyte.co.nz/ots/LiveArticle.asp?Ar- • tID=637813776 http://www.treasury.govt.nz/publications/informationre- leases/ris • Departmental disclosure statement The Ministry of Justice (Office of Treaty Settlements) is required to prepare a disclosure statement to assist with the scrutiny of this Bill.
It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of tion.govt.nz/disclosure.aspx?type=bill&subtype=govern- ment&year=2014&no=202&.

the statement can be found at http://legisla- Clause by clause analysis Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force on the day after the date on which it receives the Royal assent.
Part 1 Preliminary provisions Clause 3 states the purpose of the Bill.

Clause 4 defines certain terms used in the Bill.
Clause 5 provides for the legal recognition of certain replacement tāngata whenua appointers if, after the commencement of the Bill, the Crown— • approves a governance entity to represent Mana Ahuriri hapū, Ngāti Tuwharetoa, Ngāti Hineuru, the hapū of Heretaunga and Tamatea, or Wairoa iwi and hapū (as the case may be): Explanatory note Hawke’s Bay Regional Planning Committee Bill 3 • recognises a mandated body or approves a governance en- tity to represent Ngāti Ruapani ki Waikaremoana in historical Treaty of Waitangi claims settlement negotiations.
The provision clarifies that if clause 5 applies, the governance entity or mandated representative is to be treated as the relevant tāngata whenua appointer for the purposes of the definition of that term in clause 4.

Clause 6 provides that the Bill, when enacted, binds the Crown.

Part 2 Hawke’s Bay Regional Planning Committee RPC established Clause 7 establishes the RPC.

Clause 8 relates to the status of the RPC.


It provides that the RPC is a joint committee of the Council and may not be discharged except with the written unanimous agreement of its appointers.

Purpose, functions, and powers of RPC Clause 9 states the purpose of the RPC.

The purpose of the RPC is to oversee the development and review of RMA documents prepared in accordance with the Resource Management Act 1991 for the RPC region.
Clause 9(2) clarifies that nothing in the Bill limits the obli- gations of the Council under the Resource Management Act 1991 or the Local Government Act 2002 in respect of Māori within the RPC region.

Clause 10 specifies the functions of the RPC.

Clause 10(1) provides that the primary function of the RPC is to achieve its purpose as set out in clause 9(1).
In achieving this purpose, clause 10(2) provides that the RPC may— consider the RMA documents and recommend to the Council • for public notification the content of any draft— • change to the regional policy statement or regional plan for the RPC region: proposed regional policy statement or proposed re- gional plan for the RPC region: • 4 Hawke’s Bay Regional Planning Committee Bill Explanatory note • variation to a proposed regional policy statement, pro- posed regional plan, or a change: • • monitor the efficiency and effectiveness of RMA documents for the RPC region in accordance with section 35 of the Re- source Management Act 1991; and implement a work programme for the review of the RMA documents for the RPC region; and perform any other function specified in the terms of reference.
• Clause 10(3) provides that for the purposes of enabling the RPC to perform its functions, Council must refer all matters referred to in clause 10(2)(a) to the RPC and provide the RPC with all necessary documents or other information.
Clause 10(4) provides that the RPC has the powers reasonably neces- sary to carry out its functions in a manner consistent with the speci- fied legislation (defined in clause 4 as the Bill, the local government legislation, and the relevant provisions of the Resource Management Act 1991).

Membership of RPC Clause 11 relates to the membership of the RPC.
Clause 11(1) pro- vides that the membership of the RPC consists of an equal number of tāngata whenua members and Council members as follows: • the trustees of the Maungaharuru-Tangitū Trust: the trustees of the Ngāti Pāhauwera Development Trust: the trustees of Tūhoe Te Uru Taumatua: the trustees of Ngati Tuwharetoa Hapu Forum Trust: Mana Ahuriri Incorporated: Ngati Hineuru Iwi Incorporated: Te Tira Whakaemi o Te Wairoa: 1 member appointed by each of the following: • • • • • • • 2 members appointed by He Toa Takitini: 1 member appointed by the appointer for Ngāti Ruapani ki Waikaremoana: 10 members appointed by the Council.
• Clause 11(2) requires each appointer to notify all other appointers and the RPC in writing of an appointment under clause 11(1).
• • Explanatory note Hawke’s Bay Regional Planning Committee Bill 5 Clause 11(3) provides that if a tāngata whenua appointer fails to ap- point a tāngata whenua member to the RPC as required by the Bill, then the number of Council members that may be appointed to the RPC is reduced proportionately to ensure that there is equal repre- sentation of tāngata whenua members and Council members.
Clause 11(4) provides that if a tāngata whenua member fails to attend 3 out of 5 consecutive meetings of the RPC without the prior written agreement of all other members, that person’s appointment is deemed to be discharged, and the number of Council members on the RPC is reduced proportionately, until a replacement member is appointed.

Clause 11(5) clarifies that a tāngata whenua member is not, by virtue of that person’s membership of the RPC, a member of the Council.
Other matters Clause 12 provides that certain matters must be included in the RPC’s terms of reference.

In particular, clause 12(1)(c) provides that the terms of reference must include a procedure for the Council to re- fer back to the RPC for reconsideration any recommendations made by the RPC but not adopted by the Council (whether in whole or in part) and for the RPC to make further recommendations.
However, clause 12(3) and (4) clarify that such a procedure must be consistent with the specified legislation and in the event of any inconsistency between the obligations of the Council under the terms of reference and its obligation under the specified legislation, the specified legis- lation prevails.
This ensures that the procedures of the RPC under the terms of reference do not interfere with the Council’s statutory obli- gations under the specified legislation (for example, a requirement to meet a statutory timeframe).

Clause 13 requires the first meeting of the RPC to be held no later than 6 months after the commencement of the Bill.
Application of local government legislation Clause 14 applies the provisions of the local government legislation, with any necessary modifications, to the RPC to the extent they are relevant to the purpose and functions of the RPC as a joint committee of the Council and except as otherwise provided in the Bill.
In particular, clause 14(2) and (3) disapply certain provisions of Schedule 7 of the Local Government Act 2002 (Schedule 7) in re- 6 Hawke’s Bay Regional Planning Committee Bill Explanatory note spect of the RPC that apply to joint committee’s generally and apply other provisions of Schedule 7 only to Council members.

Further provisions Clause 15 and the Schedule contain further provisions relating to the RPC.
Hon Christopher Finlayson Hawke’s Bay Regional Planning Committee Bill Government Bill Contents Preamble Title Commencement Part 1 Preliminary provisions Purpose Interpretation Definition of tāngata whenua appointer modified if the Crown approves governance entity or recognises mandated body Act binds the Crown Part 2 Hawke’s Bay Regional Planning Committee RPC established RPC established Status of RPC Purpose, functions, and powers of RPC Purpose of RPC Functions and powers of RPC Membership of RPC Membership of RPC 202—1 Page 2 3 3 3 3 6 7 7 7 8 8 9 1 Preamble Hawke’s Bay Regional Planning Committee Bill 12 13 14 15 Other matters Terms of reference of RPC First meeting of RPC Application of local government legislation Application of local government legislation to RPC Further provisions Further provisions relating to RPC Schedule Further provisions relating to RPC 10 11 11 12 13 Preamble (2) (1) Discussions between the Crown, the Hawke’s Bay Regional Council (the Council), Tūhoe, and tāngata whenua of Hawke’s Bay in the context of Treaty settlement negotiations have iden- tified a need for greater tāngata whenua involvement in the 5 management of natural resources in the RPC region: In the Deed of Settlement dated 17 December 2010 between the Crown and Ngāti Pāhauwera, the Crown committed to es- tablish a committee comprised of an equal number of Coun- cil members and representatives of Treaty settlement claimant 10 groups whose role would relate to natural resource planning processes
 that affect the region, and include drafting and rec- ommending to the Council, plan and policy changes affecting natural resources in the region: The Deed of Settlement dated 25 May 2013 between the 15 Crown and the Maungaharuru-Tangitū Hapū records that the trustees of the Maungaharuru-Tangitū Trust, the Council, and other Hawke’s Bay iwi and hapū have agreed interim terms of reference for the committee that were adopted by the Council on 14 December 2011: The committee is already operating, but legislation is required to ensure that the committee cannot be discharged except by unanimous written agreement of the appointers and to confirm its role and procedures: (4) (3) 20 2 Hawke’s Bay Regional Planning Committee Bill Part 1 cl 4 The Parliament of New Zealand therefore enacts as follows: 1 2 3 (1) (2) 4 (1) Title This Act is the Hawke’s Bay Regional Planning Committee Act 2014.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

5 Part 1 Preliminary provisions Purpose The purpose of this Act is to improve tāngata whenua involve- ment in the development and review of documents prepared in accordance with the Resource Management Act 1991 for the Hawke’s Bay region.

To that end, this Act establishes the Hawke’s Bay Regional 15 Planning Committee as a joint committee of the Hawke’s Bay Regional Council.
10 20 Interpretation In this Act, unless the context otherwise requires,— appointer means— (a) (b) appointer for Ngāti Ruapani ki Waikaremoana,— (a) a tāngata whenua appointer: the Council if section 5(3) applies, means the mandated body or governance entity for Ngāti Ruapani ki Waikaremoana 25 (as the case may be): if section 5(3) does not apply, means the Council act- ing on the instruction of Ngāti Ruapani ki Waikare- moana (b) Council means Hawke’s Bay Regional Council Council member means a member of the RPC appointed by the Council under section 11(1)(j) 30 3 Part 1 cl 4 Hawke’s Bay Regional Planning Committee Bill governance document, in relation to a tāngata whenua ap- pointer that is a governance entity, means the trust deed or other document by which the tāngata whenua appointer is con- stituted and governed governance entity means the post-settlement governance en- 5 tity established by an iwi or a hapū and approved by the Crown for the purposes of receiving redress in the settlement of the historical Treaty of Waitangi claims of that iwi or hapū Hawke’s Bay Regional Planning Committee or RPC means the Hawke’s Bay Regional Planning Committee established by 10 section 7 He Toa Takitini means the unincorporated body of persons established by deed of mandate recognised by the Crown on 15 October 2010 to represent the hapū of Heretaunga and Tamatea interim committee means the committee established by the 15 Council on 27 April 2011 under clause 30(1) of Schedule 7 of the Local Government Act 2002 to
 oversee the development and review of the regional policy statement and regional plans for the RPC region in accordance with the interim terms of reference interim terms of reference means the terms of reference for the interim committee adopted by the Council on 14 Decem- ber 2011, including any amendments made to those terms of reference before the commencement of this Act local government legislation means— (a) (b) the Local Government Act 2002; and the Local Government Official Information and Meet- ings
 Act 1987; and (c) the Local Authorities (Members’ Interests) Act 1968 Mana Ahuriri Incorporated means the incorporated society 30 known by that name incorporated on 6 April 2009 Maungaharuru-Tangitū Trust means the trust established by trust deed dated 18 December 2012 members, in relation to the RPC, means each tāngata whenua member and each Council member Ngati Hineuru Iwi Incorporated means the incorporated so- ciety known by that name incorporated on 20 April 1994 35 25 20 4 Hawke’s Bay Regional Planning Committee Bill Part 1 cl 4 Ngāti Pāhauwera Development Trust means the trust estab- lished by trust deed dated 27 September 2008 Ngati Tuwharetoa Hapu Forum Trust means the trust estab- lished by trust deed in 2009 RMA document means any of the following required under 5 the RMA in relation to the RPC region: (a) a regional policy statement or proposed regional policy statement: a regional plan or a proposed regional plan (b) RPC region has the same meaning as Hawke’s Bay Region 10 in clause 3 of the Local Government (Hawke’s Bay Region) Reorganisation Order 1989 (13 June 1989) 99 New Zealand Gazette at 2334 specified legislation means— (a) (b) (c) this Act; and the local government legislation; and the relevant provisions of the Resource Management Act 1991 15 tāngata whenua appointer, subject to section 5,— (a) means— (i) 20 the trustees of the Maungaharuru-Tangitū Trust, on behalf of the Maungaharuru-Tangitū Hapū: the trustees of the Ngāti Pāhauwera
 Development Trust, on behalf of Ngāti Pāhauwera: the trustees of Tūhoe Te Uru Taumatua, on behalf 25 of Tūhoe: the trustees of Ngati Tuwharetoa Hapu Forum Trust, on behalf of Ngāti Tūwharetoa: (ii) (iii) (iv) (v) Mana Ahuriri Incorporated, on behalf of the Mana Ahuriri hapū: 30 (vi) Ngati Hineuru Iwi Incorporated, on behalf of Ngāti Hineuru: (vii) He Toa Takitini, on behalf of the hapū of Here- taunga and Tamatea: (viii) Te Tira Whakaemi o Te Wairoa, on behalf of 35 (ix) Wairoa iwi and hapū: the appointer for
 Ngāti Ruapani ki Waikare- moana, on behalf of Ngāti Ruapani ki Waikare- moana; and 5 Part 1 cl 5 (b) Hawke’s Bay Regional Planning Committee Bill includes, in relation to a tāngata whenua appointer that is a governance entity, a delegate of, or a successor to, that appointer if the delegation or succession complies with the requirements of the governance document of the appointer 5 tāngata whenua member means a member of the RPC ap- pointed under section 11(1)(a) to (i) Te Tira Whakaemi o Te Wairoa means the unincorporated body of persons established by deed of mandate recognised by the Crown on 4 February 2011 to represent Wairoa iwi and 10 hapū terms of reference— (a) means the interim terms of reference; and (b) includes any amendments to the terms of reference trustees of the Maungaharuru-Tangitū Trust means the 15 trustees, in their capacity as trustees, of that trust trustees of the Ngāti Pāhauwera Development Trust means the trustees, in their capacity as trustees, of that trust trustees of the Ngati Tuwharetoa Hapu Forum Trust means the trustees, in their capacity as trustees, of that trust trustees of Tūhoe Te Uru Taumatua means the trustees, in their capacity as trustees, of that trust Tūhoe Te Uru Taumatua means the Tūhoe Trust established by trust deed dated 5 August 2011.
In this Act,— (a) change, proposed policy statement, regional plan, regional policy statement, and variation have the same meanings as in section 43AA of the Resource Management Act 1991; and proposed plan has the same meaning as in section 30 43AAC of the Resource Management Act 1991.
(b) 25 20 Definition of tāngata whenua appointer modified if the Crown approves governance entity or recognises mandated body This section applies if, after the commencement of this Act, 35 the Crown— (a) approves a governance entity for— (2) 5 (1) 6 Hawke’s Bay Regional Planning Committee Bill Part 2 cl 8 the hapū of Heretaunga and Tamatea; or (i) Mana Ahuriri hapū; or (ii) Ngāti Tūwharetoa; or (iii) Ngāti Hineuru; or (iv) (v) Wairoa iwi and hapū: recognises a mandated body to represent Ngāti Rua- pani ki Waikaremoana in historical Treaty of Waitangi claims settlement negotiations: approves a governance entity for Ngāti Ruapani ki Waikaremoana.
5 10 (b) (c) If any of subsection (1)(a)(i) to (v) applies, the tāngata whenua appointer for the relevant iwi or hapū is, despite the definition of tāngata whenua appointer in section 4, that governance entity.

If subsection (1)(b) or (c) applies, the appointer for Ngāti 15 Ruapani ki Waikaremoana is, despite the definition of that term in section 4, that mandated body or governance entity (as the case may be).

Act binds the Crown This Act binds the Crown.


Part 2 Hawke’s Bay Regional Planning Committee RPC established RPC established This section establishes the RPC as a statutory body.

20 25 (2) (3) 6 7 Status of RPC 8 (1) Despite the membership of the RPC provided by section 11, the RPC is a joint committee of the Council deemed to be appointed under clause 30(1)(b) of Schedule 7 of the Local 30 Government Act 2002.
(2) Despite Schedule 7 of the Local Government Act 2002, the RPC must not be discharged except with the written unani- mous agreement of the appointers.

7 Part 2 cl 9 Hawke’s Bay Regional Planning Committee Bill 5 10 Purpose, functions, and powers of RPC Purpose of RPC The purpose of the RPC is to oversee the development and review of the RMA documents prepared in accordance with Resource Management Act 1991 for the RPC region.
To avoid doubt, nothing in this Act limits the obligations of the Council under the Resource Management Act 1991 or the Local Government Act 2002 in respect of Māori within the RPC region.

Functions and powers of RPC The primary function of the RPC is to achieve the purpose of the RPC.
In achieving the purpose of the RPC, the RPC may— (a) consider the RMA documents and recommend to the Council for public notification the content of any 15 draft— (i) (ii) (iii) change to the regional policy statement or re- gional plan: proposed regional policy statement or proposed regional plan: variation to a proposed regional policy statement, proposed regional plan, or change.
(b) monitor the efficiency and effectiveness of the RMA documents in accordance with section 35 of the Re- source Management Act 1991; and implement a work programme for the review of the RMA documents; and perform any other function specified in the terms of ref- erence.

(d) (c) 20 25 For the purposes of enabling the RPC to carry out its functions, 30 the Council must— (a) refer all matters referred to in section 10(2)(a) to the RPC; and provide all necessary documents or other information to the RPC.
(b) 35 The RPC has the powers reasonably necessary to carry out its functions in a manner consistent with the specified legislation.
9 (1) (2) 10 (1) (2) (3) (4) 8 Hawke’s Bay Regional Planning Committee Bill Part 2 cl 11 Membership of RPC 11 Membership of RPC (1) The RPC consists of an equal number of tāngata whenua mem- bers and Council members as follows: (a) (b) (c) (d) (e) (f) (g) (h) (i) 5 Tāngata whenua members 1 member appointed by the trustees of the Maunga- haruru-Tangitū Trust: 1 member appointed by the trustees of the Ngāti Pāhauwera Development Trust: 1 member appointed by the trustees of Tūhoe Te Uru 10 Taumatua: 1 member appointed by the trustees of the Ngati Tuwharetoa Hapu Forum Trust: 1 member appointed by Mana Ahuriri Incorporated: 1 member appointed by Ngati Hineuru Iwi Incorpor- 15 ated: 1 member appointed by Te Tira Whakaemi o Te Wairoa: 2 members appointed by He Toa Takitini: 1 member appointed by the appointer for Ngāti Ruapani ki Waikaremoana: 20 (2) (j) Council members 10 members appointed by the Council (who must be councillors of the Council holding office and, if there is an insufficient number of councillors, such other persons appointed by the Council in accordance with 25 clause 31(3) of Schedule 7 of the Local Government Act 2002).
Each appointer must— (a) in the case of the initial appointment of members of the RPC— (i) 30 make an appointment before the first meeting of the RPC; and notify all other appointers in writing of the ap- pointment: (ii) (b) in the case of any subsequent appointment of a member 35 to the RPC, notify the RPC in writing of an appointment and provide a copy of the notice to all other appointers as soon as is reasonably practicable.
9 Part 2 cl 12 Hawke’s Bay Regional Planning Committee Bill (3) (4) If a tāngata whenua appointer fails to appoint a tāngata whenua member in accordance with this Act, then the number of Coun- cil members on the RPC is reduced proportionately until an ap- pointment is made to ensure that the RPC consists of an equal number of tāngata whenua members and Council members.
If a tāngata whenua member fails to attend 3 out of any 5 con- secutive meetings of the RPC without the prior written agree- ment of all other members,— (a) the tāngata whenua member’s appointment is deemed to be discharged; and the number of Council members on the RPC is re- duced proportionately until a replacement member is appointed by the relevant tāngata whenua appointer.
(b) 5 10 (5) To avoid doubt, a tāngata whenua member is not, by virtue of the person’s membership of the RPC, a member of the Council.
15 Other matters Terms of reference of RPC The terms of reference must provide for— the quorum for meetings of the RPC: (a) how the RPC will be administered: (b) the procedures relating to meetings of the RPC, decision (c) making by the RPC, and dispute resolution, including for the purposes of section 10(2)(a), a procedure— (i) 20 for the Council to refer back to the RPC for re- consideration any recommendation made by the 25 RPC but not adopted by the Council (whether in whole or in part); and for the RPC to provide further recommendations to the Council: (ii) (d) how the costs of administering and operating the RPC 30 will be met by the Council, including— (i) (ii) the costs of any advice required by the RPC; and a procedure for determining the remuneration to be paid to tāngata whenua members and reim- bursement of their expenses.
35 The terms of reference may be amended by the written unani- mous agreement of the appointers.

12 (1) (2) 10 (3) (4) 13 14 (1) (2) (3) Hawke’s Bay Regional Planning Committee Bill Part 2 cl 14 The terms of reference must be consistent with the specified legislation.

In the event of an inconsistency between the obligations of the Council under the terms of reference and its obligations under the specified legislation, the specified legislation prevails.
5 First meeting of RPC The first meeting of the RPC must be held no later than 6 months after the commencement of this Act.

Application of local government legislation Application of local government legislation to RPC The provisions of the local government legislation apply, with any necessary modifications, to the RPC— (a) to the extent that they are relevant to the purpose and functions of the RPC as a joint committee of the Coun- cil; and except as otherwise provided for in this Act.
(b) 10 15 (b) (c) Schedule 7 of Local Government Act 2002 The following provisions of Schedule 7 of the Local Govern- ment Act 2002 (Schedule 7) apply only to Council members: (a) clause 6(1)(b) (which relates to the remuneration of 20 chairpersons of committees of local authorities): clause 12 (which relates to payments): clause 31(1) and (3) (which relate to membership of committees or subcommittees of local authorities).
The following provisions of Schedule 7 do not apply to the 25 RPC: (a) (b) (c) clause 23(3)(b) (which relates to a quorum): clause 24 (which relates to voting): clause 25 (which relates to voting systems for certain appointments): clause 26 (which relates to the chairperson of meetings): clause 27 (which relates to standing orders): clause 30(3), (5)(a), (7), and (9) (which relate to com- mittees): clause 31(2), (4), and (6) (which relate to membership 35 of committees and subcommittees): (d) (e) (f) (g) 30 11 Part 2 cl 15 Hawke’s Bay Regional Planning Committee Bill (4) (5) (6) (h) clause 32A (which relates to the issuing of warrants).
Section 3 of Local Authorities (Members’ Interests) Act 1968 Section 3 of the Local Authorities (Members’ Interests) Act 1968 applies only to Council members.

5 Local Government Official Information and Meetings Act 1987 The Local Government Official Information and Meetings Act 1987 applies to the RPC and official information held by the RPC with the modifications set out in subsection (6).
Section 7(2) of the Local Government Official Information and 10 Meetings Act 1987 must be read as if the following paragraphs were added: “(k) avoid serious offence to tikanga of any iwi or hapū rep- resented by a tāngata whenua appointer as defined in section 4 of the Hawke’s Bay Regional Planning Com- 15 mittee Act 2014; or avoid the disclosure of the location of wāhi tapu of significant interest to any iwi or hapū represented by a tāngata whenua appointer as defined in section 4 of the Hawke’s Bay Regional Planning Committee Act 20 2014.” “(l) Further provisions 15 Further provisions relating to RPC The Schedule contains further provisions relating to the RPC.
12 Hawke’s Bay Regional Planning Committee Bill Schedule Further provisions relating to RPC Schedule s 15 1 (1) Term of appointment Subject to this Act,— (a) (b) a tāngata whenua member is appointed to the RPC for the period specified by the relevant tāngata whenua ap- 5 pointer: a Council member is appointed to the RPC for a term commencing with the first meeting of the Council after the triennial general election of members of a local au- thority under the Local Electoral Act 2001 and ending 10 with the close of the day before the next triennial gen- eral election.
(2) However, if a Council member is appointed after the date of the first meeting of the Council referred to in subclause (1)(b), the member is appointed from that date until the close 15 of the day before the next triennial general election.

To avoid doubt, the appointment of a tāngata whenua member is not affected by the triennial general election of members of a local authority under the Local Electoral Act 2001.

(3) Discharge of membership 2 (1) A member may be discharged by that member’s appointer.
(2) If subclause (1) applies, the member’s appointer must, within 10 working days after the date on which the member was discharged,— (a) notify the RPC in writing that the member has been 25 discharged; and provide a copy of the notice to all other appointers.

(b) 20 Resignation of membership 3 (1) A tāngata whenua member may resign by giving written notice to that person’s appointer.
30 (2) A tangata whenua appointer must, on receiving a notice given under subsection (1), forward a copy of the notice to the RPC and the chief executive of the Council.

13 Schedule Hawke’s Bay Regional Planning Committee Bill 4 (1) Vacancies If a vacancy occurs on the RPC, the relevant appointer must fill the vacancy as soon as is reasonably practicable.

(2) A vacancy does not prevent the RPC from continuing to per- form its functions or exercise its powers.
5 5 (1) (2) (3) (4) 1 member appointed by the tāngata whenua members: 1 member appointed by the Council members.

Co-chairpersons The RPC has the following co-chairpersons: (a) (b) Each co-chairperson must be appointed on or before the first 10 meeting of the RPC.

Each co-chairperson is to preside at meetings of the RPC on a pre-arranged basis.

The co-chairpersons may deputise for each other at meetings of the RPC.
15 (5) A co-chairperson may be appointed or discharged in accord- ance with the terms of reference.

Standing orders 6 (1) At its first meeting, the RPC must adopt a set of standing orders for the operation of the RPC regarding any matters not pro- 20 vided for in this Act or in the terms of reference.

The RPC may amend the standing orders at any time.


The standing orders adopted by the RPC must not contra- vene— (a) (b) (c) (d) this Act; or the terms of reference; or tikanga Māori; or subject to paragraph (a), the local government legis- lation or any other enactment.

25 Every member of the RPC must comply with the standing 30 orders of the RPC.

Decision making The decisions of the RPC must be made by vote at meetings in accordance with the terms of reference.
(2) (3) (4) 7 (1) 14 Hawke’s Bay Regional Planning Committee Bill Schedule (2) A co-chairperson of any meeting may vote on any matter but does not have a casting vote.

8 (1) (2) Procedural matters The RPC may, except as provided in this Act or in the terms of reference, regulate its own procedure.

The RPC must, at its first meeting, confirm the appointments of the co-chairpersons referred to in clause 5(2) and state the terms of those appointments.
(3) Despite clause 19(2) of Schedule 7 of the Local Government Act 2002, a tāngata whenua member— (a) (b) has the right to attend any meeting of the RPC; but does not have the right to attend meetings of the Council by reason merely of the person’s membership of the RPC.

9 (1) Conflict of interest Each member of the RPC must disclose any actual or potential interest to the RPC.

The RPC must maintain an interests register.
(2) (3) A member of the RPC is not precluded by the Local Author- 5 10 15 ities (Members’ Interests) Act 1968 from discussing or voting 20 on a matter merely because— (a) (b) the member is a member of an iwi or hapū; or the economic, social, cultural, and spiritual values of an iwi or a hapū and their relationship with the RPC are advanced by or reflected in— (i) (ii) the subject matter under consideration; or any decision by or recommendation of the RPC; or participation in the matter by the member.
In subclause (1), interest does not include an interest that a 30 member may have through an affiliation with an iwi or a hapū that has customary interests in the RPC region.
(iii) 25 (4) 15 Schedule Hawke’s Bay Regional Planning Committee Bill 10 (1) Reporting and review by RPC The Council must include in its annual report prepared under section 98 of the Local Government Act 2002 information about— (a) the activities of the RPC during the previous 12 months; 5 and how those activities are relevant to the purpose and functions of the RPC.
(b) (2) Appointers— (a) must, no later than 3 years after the date of the first meet- 10 ing of the RPC, undertake a review of the performance of the RPC; and (b) may undertake any subsequent review of the RPC at a time agreed by all appointers.

(3) Appointers may, following a review, make recommendations 15 to the RPC on relevant matters arising from the review.
Service of notices 11 (1) A notice sent to a person in accordance with this Act must be treated as having been received by that person, if the notice is sent— (a) by post, at the time which it would have been delivered in the ordinary course of post: by email or fax, at the time of transmission.

(2) A notice required to be given by this Act is not invalid because (b) 20 a copy of it has not been given to any or all of the persons 25 concerned.
Administration of RPC The Council must provide technical and administrative sup- port to the RPC in the performance of its functions.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 12 12 16