Hawke's Bay Community Water Trust

Water security has been a stated strategic priority of Central Hawke’s Bay District Council since 2019.

It presents both significant challenges and opportunities for Central Hawke’s Bay and the wider Hawke’s Bay region.

In the development of Project Thrive by the Council, the value and importance of water in its widest extent was identified as important to delivering a thriving Central Hawke’s Bay of the future.

Supporting sustainable productivity of our primary industries through smart water security solutions was a key outcome in the Central Hawke's Bay Economic Action Plan 2019. The plan included key actions to work collaboratively on water storage initiatives and security options, supporting a shift from volume to value industries.

The importance of water security was further emphasised by the 2023 Hawke’s Bay Regional Water Assessment, which projected that by 2040 the region could face a shortfall of nearly 25 million cubic metres of freshwater. This was projected as likely to increase to a 33 million cubic metres shortfall by 2060.

The proposed trust, which would be called the Hawke’s Bay Water Community Trust, is being set up to promote water security.

If it becomes operational, the intellectual property and consents currently owned by Water Holdings Hawke’s Bay Limited are proposed to be transferred to the trust's ownership through a separate deed of agreement.

The proposed deed (the document that creates and governs what the trust does) clearly lays out the intentions and purposes of the trust:

• It is a charitable trust for water security initiatives, including the Tukituki Water Security Project.
• It will be community-led.
• It will consider cultural, environmental, social and economic factors when exploring any water security initiatives.

The trust deed specifically excludes the trust from being able to be directly involved in participating in the commercial development, delivery or operation of water resource infrastructure.

If the trust is established, Council's sole role is to appoint a trustee. Council has no other ability to influence, direct or instruct the trust or its appointee.

At the Council Meeting on 31 October 2024, Council noted that its responsibilities in the Trust extend only to the appointment of a Trustee. They approved the process for appointing a Trustee on behalf of the community, as per the Trust Deed.

Previously, at the Council Meeting on 17 October 2024, Council asked for advice on the establishment of a trust relating to the Tukituki Water Security Project transferring the intellectual property and consents from Water Holdings Hawke's Bay Limited to community ownership.

Council invited the community to learn more and share their views on the proposed trust on our Let's Talk CHB discussion forum. The discussion forum is now closed but you can view the contributions here. 

Council officers have been developing a draft trust deed to progress water security initiatives since February 2024.

The estimated total cost to finalise the draft trust deed and register the trust is $20,000. This primarily comprises legal costs. Additional costs include staff time, which is projected to be less than 80 hours overall. Ongoing costs include staff time developing a role description for the Trustee role. 

The full cost is expected to be shared across all the entities involved in establishing it.

No. The trust is self-funded and separate to Council.

The decision before elected members was about making a community appointment to the trust, not any involvement in its commercial activity.

Council views its role as a leader and facilitator of this process. Council has other strategic imperatives, such as roading and water services, that require the use of the community’s rates investment as the priority.

Tamatea Pōkai Whenua is the post-settlement governance entity for Heretaunga Tamatea established to receive the redress negotiated by He Toa Takitini in settlement of the historical Treaty grievances of Heretaunga Tamatea against the Crown.

The nine Marae of Tamatea – Central Hawke’s Bay have an appointment to the trust, who would represent them.

Tamatea Pōkai Whenua has endorsed the proposed trust's draft deed.

Water Holdings Hawke’s Bay Limited was formed by a group of locals who secured the consents and intellectual property for the Ruataniwha Dam, which Hawke’s Bay Regional Council initially owned. The group formed an entity and bought the information from the regional council. You can find out more about this here.

Water Holdings Hawke’s Bay Limited, CHBDC and Tamatea Pōkai Whenua Trust are working together to propose a charitable community trust. It is proposed that the consents and intellectual property relating to the Tukituki Water Security Project are transferred to the trust. The proposed trust’s deed commits it to exploring water security options.

On 31 October 2024, Council approved the process for appointing a Trustee on behalf of the community, as per the Trust Deed.

The Trust will be made up by appointees from Tamatea Pōkai Whenua Trust, Central Hawke’s Bay District Council and Water Holdings Hawke’s Bay for a three-year term. 

It’s proposed that Water Holdings Hawke’s Bay will have an initial three-year appointment. At the end of that period, Water Holdings Hawke’s Bay would have no future role in the trust. This recognises that having achieved the successful transfer of the intellectual property and consents to a community entity, the primary purpose of Water Holdings Hawke’s Bay would no longer exist.

Following this three-year period, the trustees will be able to appoint up to another two trustees.

There is no date for when the Trust will be operational.

A recruitment process will be run for the role of Trustee. This will be advertised at a future date.

Tamatea Pōkai Whenua Trust formally endorsed the trust to the next stage on 8 October.

The draft trust deed was presented to Council at the Strategy, Growth and Community Committee meeting on Thursday 17 October for direction. Council voted in favour of the proposal to appoint a Trustee at its meeting on 31 October. 

Council will run a recruitment process to select a suitable candidate as the Council-appointed trustee.