2015: Hawke's Bay reorganisation

The Commission has concluded its consideration of this application for reorganisation.

Jump to the final development of the Hawke's Bay reorganisation application

Earlier history of the reorganisation application process

Receipt of application

In early 2013, an application was received by the Local Government Commission from ‘A Better Hawke’s Bay’ for the union of the districts of Wairoa, Napier, Hastings and Central Hawke's Bay and the constitution of a new local authority for the combined area called Hawke’s Bay Council. The new local authority would assume the responsibilities and functions currently held by the existing territorial authorities for these four districts and of the Hawke’s Bay Regional Council which would also be abolished.

The Commission decided that the “affected area” for the application was the four districts identified as well as the parts of Taupo and Rangitikei districts currently in Hawke’s Bay Region. It also decided that the application, along with further information provided by the applicant, met the statutory requirements for the application to be accepted and assessed.

A Better Hawke's Bay Application - February 2013 (PDF, 1.4 MB)

Process stages

The Commission then went through the following required processes:

    • publicly notifying the application and calling for alternative applications
    • assessing all of the alternative applications, the original application, the status quo and an option developed by the Commission against the statutory criteria for “reasonably practicable options”
    • identifying its “preferred option” against further statutory criteria which was a unitary authority for the affected area
    • releasing a draft proposal based on its preferred option
    • consulting on its draft proposal including receiving submissions and holding hearings, and also continuing to consult other statutory parties
    • analysing the feedback received and deciding whether to proceed to a final proposal.

Decisions - Hawke's Bay Reorganisation Application

Introduction

1. On 7 February 2013 the Local Government Commission received an application from 'A Better Hawke's Bay' Trust, under clause 3 of Schedule 3 of the Local Government Act 2002 (the Act), for reorganisation of local government in Hawke's Bay. Specifically the application is for the union of the districts of Wairoa, Napier, Hastings and Central Hawke's Bay, and the constitution of a new local authority, called Hawke's Bay Council, which would assume the functions and responsibilities currently held by the existing territorial authorities for these four districts and of the Hawke's Bay Regional Council which would be all abolished.

2. At a meeting on 15 March 2013, the Commission considered this application and made a number of decisions pursuant to Schedule 3 of the Act. The purpose of this document is to set out those decisions and the reasons for them, and to identify the next steps which the Commission must take.

Decisions

3. At its meeting on 15 March 2013, the Commission:

a) agreed that the affected areas in respect of the ‘A Better Hawke’s Bay’ Trust application are the areas comprising the districts of Wairoa, Napier, Hastings and Central Hawke’s Bay and also those parts of Rangitikei and Taupo Districts currently within Hawke’s Bay Region

b) agreed, under clause 6 of Schedule 3 of the Local Government Act 2002, to assess the application

c) agreed, under clause 8(1) of Schedule 3, that the Commission has sufficient information to be satisfied there is demonstrable community support in the district of each affected territorial authority for local government reorganisation in Hawke’s Bay Region

d) decided, under clause 9, to proceed to publicly notify the application made by ‘A Better Hawke’s Bay’ Trust and seek alternative applications within 20 working days from the date of the last public notice.

Reasons for the decision

4. The Commission was required under clause 6 of Schedule 3 to consider the application as soon as practicable after receiving it, which was on 7 February 2013, and to decide whether or not to assess the application.

5. Clause 7 sets out the grounds on which the Commission may decline to assess an application. The Commission found that none of these grounds applied in respect of the ‘A Better Hawke’s Bay’ application.

6. Among other things, the Commission was required to consider information provided demonstrating community support in the district of each affected territorial authority for the application. In order to satisfy itself on this requirement, the Commission needed to determine which were the affected territorial authorities.

7. An affected territorial authority is, under the amended section 5 of the Act, a territorial authority that contains an affected area. An affected area is defined under clause 2 of Schedule 3 and includes an area that would be included in a new or different local authority if the reorganisation were to proceed. On this basis, the Commission agreed that the affected areas included the districts of Wairoa, Napier, Hastings and Central Hawke’s Bay and therefore the respective district and city councils were affected territorial authorities.

8. The applicant subsequently advised the Commission that it had not addressed the fact that small parts of Rangitikei and Taupo Districts were currently within Hawke’s Bay Region. The applicant did not have a view as to whether these areas should be included in its proposed new Hawke’s Bay Council.

9. The Commission has now decided that the areas of Rangitikei and Taupo Districts currently within Hawke’s Bay Region are also affected areas being areas that would be included in a new or different local authority if the reorganisation were to proceed. There are two alternatives as to the different local authority these areas would become part of if the application proceeded: either they would be included in the proposed new Hawke’s Bay Council (a territorial authority), or they would remain in their current territorial authority but become part of a new regional council area.

10. Having agreed the affected areas and therefore the affected territorial authorities, the Commission was then in a position to assess whether there was the required information demonstrating community support in the district of each affected territorial authority for the application. For this purpose it considered the following information it had received:

    • a breakdown by residence of the database of 1,000 registered supporters of the ‘A Better Hawke’s Bay’ initiative which included supporters from all four territorial authority districts fully within Hawke’s Bay Region
    • a list of leaders of a range of regional organisations as well as what were referred to as ‘average’ ratepayers “representing all areas of our region – from Central Hawke’s Bay through Hastings and Napier to Wairoa”
    • the results of a thousand person telephone poll in Hawke’s Bay Region conducted between 7 and 10 February 2013
    • correspondence from other individuals and organisations including one iwi.

11. In respect of the areas of Rangitikei and Taupo Districts currently within Hawke’s Bay Region, the Commission received the following information demonstrating community support for the application:

    • correspondence from the Mayors of the two areas
    • correspondence from individuals.

12. On the basis of the above information, the Commission came to the conclusion that there was sufficient information demonstrating community support for the application from the districts of all the affected territorial authorities. As there were no further grounds to decline to assess the application, the Commission agreed it would assess the application.

13. Prior to proceeding to assess and application, however, the Commission must first be satisfied, under clause 8(1) of Schedule 3, that there is demonstrable community support in the district of each affected territorial authority for local government reorganisation in the affected area. (NB this requirement is different from the community support for the application under clauses 5 and 6 of Schedule 3 referred to above.)

14. At its meeting on 15 March 2013, in addition to deciding whether to assess the application, the Commission also considered whether it had sufficient information to satisfy itself under clause 8(1). It concluded it did have sufficient information. The basis for this decision was the following information that had been received:

    • particular contents of the McGredy Winder & Co. report ‘Future Prosperity of the Hawke’s Bay Region’ dated August 2012
    • responses to a February 2012 ‘BayBuzz’ survey
    • responses from a telephone survey of Napier residents conducted in May 2011
    • responses to the more recent February 2013 telephone survey (referred to above)
    • correspondence from individuals and organisations
    • records of presentations made by the applicant to five different groups in Hawke’s Bay Region
    • responses received by Wairoa District Council from consultation it initiated on local government reform
    • a letter from Hastings District Council supporting a process that enables community discussion on reorganisation options in Hawke’s Bay.

Relevant matters the Commission took into consideration

15. In its considerations relating to community support, the Commission took into account whether community support was demonstrated or was demonstrable in each of the affected areas, and whether the support was demonstrated or demonstrable from organisations and individuals located within the affected areas and/or representing parts of those areas

16. The Commission noted that the evidence demonstrating community support did not need to indicate a particular level or type of support in the affected area, this includes whether there was majority support, as this is not a requirement in the Act.

17. As a result, and being satisfied with the level of information provided, the Commission considered it did not need to undertake any consultation of its own at this stage in the process.

18. As part of its consideration in future as to whether to proceed to issue a draft reorganisation proposal and then a final proposal, the Commission will need to continue to assess levels of community support for local government reorganisation in Hawke’s Bay Region and for particular options that may be identified during the process. At each step in this process the Commission will need to continue to satisfy itself on the existence of demonstrable community support.

Next steps

19. Having agreed to assess the ‘A Better Hawke’s Bay’ application and satisfied itself there is demonstrable community support from the district of each affected territorial authority for local government reorganisation in Hawke’s Bay Region, the Commission must now take further prescribed steps. These steps are as follows:

    • advise the applicant and affected local authorities of the Commission’s decisions under clauses 6 and 8 of Schedule 3 of the Local Government Act 2002
    • advise each local authority that adjoins an affected local authority and any other person, body or group the Commission considers should be notified, of the Commission’s decisions
    • give public notice of:
      • the receipt of the reorganisation application including the type of reorganisation proposed, the local authorities affected and the extent of the affected area
      • where further information about the application can be obtained
      • an invitation for persons, bodies and groups to submit alternative applications in relation to the affected area
      • when alternative applications must be received by and that applications received after this date may be declined.

20. The date by which alternative applications must be received is Friday, 3 May 2013.

Final Hawke’s Bay proposal

On 9 June 2015, the Local Government Commission issued a final proposal for reorganising Hawke’s Bay local government.

That proposal was to establish a single new council for Hawke’s Bay, called Hawke’s Bay Council, with five local boards sharing decision making and representing the interests of the region’s varied communities.  If implemented, it would replace the Napier City, Wairoa District, Hastings District and Central Hawke’s Bay District, and Hawke’s Bay Regional Councils.  

On 11 June 2015, a valid demand for a poll on the final proposal was received by the Commission.

Media release: Hawke's Bay amalgamation proposal to proceed (9 June 2015)

Media release: Amalgamation Decisions – Wellington, Northland and Hawke's Bay (9 June 2015)

Final proposal: Hawke's Bay local government reorganisation - June 2015 (PDF, 2.1 MB)

Questions and answers: Hawke's Bay reorganisation final proposal - June 2015 (PDF, 120 KB)

Final Reorganisation Proposal for Hawke’s Bay - Petitioning for a poll

Organising a petition

Now that the final reorganisation proposal for Hawke’s Bay has been announced, people in the communities affected by the proposal are able to organise a petition to require a poll on whether the proposal should be implemented.

For a petition to be successful it must be signed by 10% or more of the enrolled electors in any one of the districts or parts of districts that make up the Hawke’s Bay Region.  These districts are: Wairoa District, Napier City, Hastings District Council and Central Hawke’s Bay District, and those parts of Rangitikei District and Taupo District proposed to be excluded from Hawke’s Bay Region.

Those who wish to collect a petition or petitions seeking a poll on the final reorganisation proposal for Hawke’s Bay have 60 working days to do so from the day after the date the first public notice of the proposal is published – that is until 4 September 2015.

If no valid petition is lodged the final proposal is implemented 

The Poll

If a petition contains the signatures of 10% or more of enrolled electors for any of the districts or part districts that make up the Hawke’s Bay Region a poll will be held across the whole region to determine if the final proposal is implemented.

If more than 50% of the votes in the poll support the Commission’s final proposal the proposal will be implemented.  If 50% or less of the votes support the proposal it will not be implemented. 

Advertising during the petition period or before a poll 

Individuals or groups

There are no restrictions on the advertising an individual or organisation in the region may carry out to promote, oppose or explain the final proposal.  The only requirement is that any advertisment must include the name and address of the person who initiated it.

Local Authorities

Local authorities – the district, city and regional councils within the region – cannot do anything that involves spending an authority’s money or using its resources to promote or oppose the final proposal.  This includes any advertising to promote or oppose a final proposal or part of a final proposal.  This restriction applies between the time the petition period begins (the day after the public notice) and on the close of the day on which a poll is held.

Local authorities can however provide reference material that assists electors to make a better-informed decision about either promoting or signing a petition or voting in a poll.  This material must be factual and balanced.

Local authorities can seek a ruling from the Local Government Commission about whether material they propose to use meets the criteria for reference material.

Poll Process Update - 23 June 2015

What has happened to date?

    • On 9 June the Local Government Commission issued a final reorganisation proposal for Hawke’s Bay proposing a single council for the region to replace the existing five councils (Central Hawke’s Bay, Hastings and Wairoa District Councils, Napier City Council and Hawke’s Bay Regional Council)
    • On 11 June a petition was received demanding a poll on the proposal signed by more than the required 10% of affected electors in Rangitikei District (as validated by the electoral officer for Rangitikei District)
    • On 18 June the Local Government Commission notified the affected councils that it had set 15 September 2015 as polling day for the proposal i.e. the end of a three-week postal voting period
    • On 22 June the first public notice was published notifying the public of the poll and poll date; that the electoral rolls to be used at the poll were open for inspection; and of the process for updating residential and non-residential ratepayer rolls|

What are the next steps?

    • On 20 July the electoral rolls close and will then be printed for use at the poll
    • (N.B. after 20 July residents and non-resident ratepayers who are qualified to vote but are not on the roll can still apply up to 14 September to be on the roll and will be issued a special vote)
    • On 22 July a further public notice is published confirming arrangements for the poll including arrangements for special votes
    • On 24 August delivery of voting packs starts to those on the printed electoral roll with the last date for delivery being 29 August
    • On 24 August the voting period begins and votes are progressively processed as they are received (but are not allowed to be counted)
    • On 15 September (at midday) the voting period ends
    • On 15 September (sometime in the afternoon or evening) a preliminary result is announced
    • On 18 September (or before) the official result is declared after all special votes have been validated and counted

Conduct of the poll

    • Electoral officer Warwick Lampp (wlampp@electionz.com) is responsible for the conduct of the poll including the above “next steps’’ processes and arrangements

Formal closure of the Hawke’s Bay reorganisation application process

The 18 September 2015 publication of the final poll result (66% against , 34% in support, rounded) for the Hawke’s Bay amalgamation proposal confirmed the status quo would prevail and concluded the Commission’s formal process.

In its media release Commission Chair Sir Wira Gardiner acknowledged Hawke’s Bay people had made an important decision on its local government arrangements and commended the commitment and energy with which the community had participated in the debate. He noted that while the region had decided against formal amalgamation of its five councils “many of those opposed to the proposal agreed that much more can and must be done to work together to achieve permanent, positive and effective change’’.

Subsequent media reports indicated a renewed commitment by all four Hawke’s Bay Mayors and the Regional Council Chair to work together. Sir Wira expressed a willingness to visit Hawke’s Bay leaders to hear their views and discuss ways in which the Commission might be able to offer practical assistance as they investigate the delivery of more cost-effective services and infrastructure.

A number of joint meetings were subsequently held with local government leaders. These were welcomed and deemed constructive by all parties.