Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
Whanganui District Council Meeting – 12 March 2019 Confirmed Minutes
Page
Prayer ............................................................................................................................. 1 Apologies ....................................................................................................................... 1 Declarations of Interest ................................................................................................. 1 Additional Information .................................................................................................. 1
Confirmation of Minutes Council Meeting – 12 February 2019 ............................................................................ 2
Reports to Council 1. Whanganui & Partners Activity Report .................................................................... 2 2. Draft Statement of Intent for Whanganui & Partners 2019/2020 .......................... 6 3. Proposed District Plan Change – Residential Zone Extension – Castlecliff............ .... 7 4. Proposed Plan Change 55 – Miscellaneous Provisions ........................................... .. 14 5. Adoption of Annual Plan 2019/20 Consultation Document .................................... . 19 6. Remits to Local Government New Zealand ............................................................. . 21 7. Amended Meeting Schedule 2019 .......................................................................... . 27 8. Council Appointments March 2019 ......................................................................... . 32 9. Government Consultation Update........................................................................... . 33 10. Actions Arising from Previous Minutes ................................................................... 34 11. Mayor’s Report......................................................................................................... 39 12. Representative Update ............................................................................................ 44
Minutes of Committees for Adoption / Receipt Tupoho Working Party meeting – 12 December 2018 ................................................... 47 Tupoho Working Party meeting – 13 February 2019...................................................... 47 Youth Committee meeting – 11 February 2019.............................................................. 46 Wanganui Rural Community Board meeting – 13 February 2019 .................................. 47 Strategy and Finance Committee Meeting – 26 February 2019 ..................................... 48
Motion to Exclude Public .............................................................................................. 49
Minutes of Committees for Adoption / Receipt – Confidential Strategy and Finance Committee Meeting – 26 February 2019 .................................... 51
Confidential Reports to Council 13. Whanganui District Council Holdings Limited Report ............................................. 51 14. Representative Update continued ........................................................................... 52
15. Actions Arising from Previous Minutes – Confidential............................................ 52 16. Chief Executive’s Report .......................................................................................... 55 17. Chief Executive Contract Review ............................................................................. 55 Motion to Reopen the Meeting to the Public ............................................................. 57
Council Meeting 12 March 2019
Confirmed Minutes of the Meeting of the Whanganui District Council held at 1.00pm on Tuesday, 12 March 2019 in the Function Room, Heritage House, 136 St Hill Street, Whanganui ___________________________________________________________________ Present: Mayor Hamish McDouall (Chair), Deputy Mayor Cr Jenny Duncan,
Cr Charlie Anderson, Cr Philippa Baker-Hogan, Cr David Bennett, Cr Murray Cleveland, Cr Helen Craig, Cr Kate Joblin, Cr Hadleigh Reid, Cr Alan Taylor, and Cr Rob Vinsen.
Apologies: Cr Josh Chandulal-Mackay, Cr Graeme Young In Attendance: Mr David Matthews (Chair, Wanganui Rural Community Board). Officers in Attendance: Bryan Nicholson (Chief Operating Officer), Mike Fermor (General
Manager Finance), Angus Murray (Communications Officer), Gayelene Holly (Communications Administrator), Kate Barnes (Senior Democracy Advisor), Karyn Turner (Governance Services Officer).
Prayer Cr Hadleigh Reid read the Council Prayer. At Mayor McDouall’s request, members stood in silence in remembrance of former Councillor, Ray Stevens. Cr Cleveland joined the meeting at 1.02pm.
Apologies Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Reid: THAT Crs Josh Chandulal-Mackay and Graeme Young’s apologies are received.
CARRIED
Declarations of Interest Cr David Bennett regarding Item 1: Whanganui & Partners Activity Report. Cr Alan Taylor regarding Item 6: Remits to Local Government New Zealand. Cr Charlie Anderson regarding confidential Item 13: Whanganui District Council Holdings Limited Report.
Additional Information 1. Additional Information
Minutes of Committees for Adoption/Receipt Tupoho Working Party meeting – 13 February 2019 (page 155). These minutes are not confirmed – please note change to recommendation:
THAT the unconfirmed minutes of the Tupoho Working Party meeting held on 13 February 2019 are received.
2
Confirmed Minutes Council Meeting 12 March 2019
Item Officer Agenda
Page No
5. Adoption of Annual Plan 2019/20 Consultation Document
(Consultation Document and Supporting Information)
Marianne Cavanagh 68
12. Representative Update Cr Josh Chandulal-Mackay
114
Confidential 13. Whanganui District Council Holdings Limited
Report
Annette Main (Chair WDCHL)
119
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan: THAT the additional information, including the Chief Executive’s Report to Council – March
2019, is taken with the relevant items. CARRIED
Confirmation of Council Minutes – 12 February 2019
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Bennett: THAT the minutes of the Whanganui District Council meeting held 12 February 2019 are
confirmed. CARRIED
Reports to Council
1. Whanganui & Partners Activity Report
Mark Ward, Chief Executive, reports:
Executive Summary
The purpose of this report is to update the Council on activities and projects. Our focus has been on accelerating progress towards the outcomes outlined below. As incoming Chief Executive I have also focused on team capability, engaging with partners and Council colleagues, meeting stakeholders, and attending key events and functions. Good progress is being made in most areas. The current and future budgets are a key area for review, and will be following a strict business planning process over the next few weeks. We will work particularly closely with our Innovation Quarter resident partners Te Manu Atatu, Whanganui Chamber of Commerce and Industry, and 100% SWEET.
3
Confirmed Minutes Council Meeting 12 March 2019
A vital aspect of our activities is forming, maintaining and progressing partnerships in every sector, every day. There is further work to be done developing relationships and partnerships with Maori business and Iwi leaders. Other key result areas include coordination of some major initiatives, risk management, communications and stakeholder engagement, clusters and hubs, co-ordinated Provincial Growth Fund (PGF) efforts and event promotion and attraction. Finally, collaborations with our neighbouring Districts of Ruapehu, South Taranaki, Rangitikei and Horowhenua are strengthening in certain sectors including tourism, agribusiness, freight logistics, training and ports. We have been working hard to strengthen these relationships on the basis of mutual benefit. A Western Seaboard economic development zone approach is gathering momentum, extending from Greater Wellington to New Plymouth, with Whanganui in the middle. The vision is one of a Golden Corridor in relation to the number of consumers and flow-through business opportunities – akin to the Golden Triangle of Auckland, Hamilton and Tauranga.
Progress Update
PGF Applications:
Whanganui Rangitikei Land Use Optimisation Project – Currently underway.
Trade Training Hub – No progress update received from Ministry of Business, Innovation and Employment (MBIE), however we are progressing our own thinking with partners.
River Road Tourism – Exploring avenues for feasibility study funding through Te Puni Kōkiri.
Applications in progress – Whanganui & Partners (W&P) is directly assisting in two commercially sensitive PGF applications, and indirectly supporting four others.
Business
Business Marketing Campaign.
Bridge Water Build 59 Taupo Quay.
Bunnings Warehouse.
Working with five new businesses.
Business Friendly Group Communication Plan.
Business Forum funding.
Destination Marketing
Regional Brand Story.
Websites.
Seven Sharp television episode.
Collateral.
Marketing campaign targeting visitors underway with the tag line “Journey your way”.
Digital Social Media campaigns.
Videos of ‘Iconic event’ 2019.
Support events.
Conferences.
4
Confirmed Minutes Council Meeting 12 March 2019
Education
Education New Zealand (ENZ) Funding Application.
Massey University Executive Master of Business Administration (EMBA) Project.
Street Art Festival Mentorship.
W&P Education “CoLab” Panel Discussion.
Education Champions Network Workshop.
Innovation
Leading, driving and facilitating Entrepreneurship – Business Start-Ups. Innovation Quarter.
Tech-Week in association with MBIE.
Tourism Infrastructure Funding.
Ultra-Fast Broadband (UFB)/Wi-Fi Extension for the Central Business District.
Key Issues
In addition to the risks below, the main present issue is alignment of all strategies with staff activities and capability. There are a number of key immediate opportunities to pursue without delay, while we build good business processes and the necessary capability for the future. We are in the process of refining our objectives, focus areas, and KPI’s, as reflected in our draft Statement of Intent 2019/2020.
Risks
The following risks are identified as a matter of course by the incoming Chief Executive, Mark Ward, for review and reporting to the Board over the next two quarters:
Staff changes.
Communications and Stakeholder Engagement Plan.
ICT Strategy.
Business Continuity Plan.
Just to note there will be a policy review and refresh over the next 12 months.
Discussion Cr Bennett advised a potential conflict of interest. While not a beneficiary, he was a shareholder, in a new company Whanganui & Partners (W&P) had assisted. Myles Fothergill (Chair, Whanganui & Partners’ Board) introduced Mark Ward, Whanganui
& Partners’ new Chief Executive. Mr Ward said since taking up his new position two months ago he had been studying
Whanganui District’s facts and figures. In summary:
Only 3.5% of the District’s total gross domestic product (GDP) of $1.54B was from pastoral agriculture. Considering the productive soils of the District, this was not optimal.
Manufacturing and logistics contributed more than 15% of GDP which was unusual for a regional centre.
5
Confirmed Minutes Council Meeting 12 March 2019
Tourism contributed more than 8%, which was good, but given Whanganui’s point of difference in respect of arts, culture, heritage and the river, this should be 12% to 15%. There was huge opportunity to achieve full potential, and Whanganui & Partners’ focus would be on Whanganui’s overall image and getting some high value visitors’ offerings supported and promoted.
Whanganui was a high performer in the education sector and this was the fastest growing economic segment in Whanganui thanks to international student numbers which were increasing by 50% each year.
In the last year, the District’s population had increased by more than 700. Of those, nearly 200 were international migrants that brought new skills, thinking and perspectives.
Whanganui’s GDP per capita was 65% of the national average, the lowest in New Zealand, with 7.1% of local people categorised as ‘deprived’ on the Deprivation Index.
Whanganui’s average household earnings had risen 6.7% in the last year, which was a very positive sign.
Unemployment had dropped 1.2% in the last year but was still on the high side at 6.2%.
There was 4,100 businesses in Whanganui with 42 new businesses starting in the last year.
Mr Ward responded to questions. Future activity reports would include such facts and
figures. He undertook to email the current statistics to Elected Members in a useful format. ACTION: Mark Ward Wanganui Rural Community Board Chair, David Matthews queried what value was received
by the farming community who contributed 7% of the funding towards economic development. Mr Ward said he believed not enough had been done for the farming community and it would be up to him to rectify this. In the agribusiness sector, Whanganui & Partners was currently investigating options for growing high-value crops on the District’s best soils.
Mr Ward tabled two new promotional brochures published by Whanganui & Partners.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Bennett:
1.1 THAT the information be noted. CARRIED
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
6
Confirmed Minutes Council Meeting 12 March 2019
2. Draft Statement of Intent for Whanganui & Partners 2019/2020 Myles Fothergill, Board Chair reports: Executive summary
The purpose of this report is to present the 2018/19 Statement of Intent (SoI) from Whanganui & Partners (W&P) to the Council (Ref A). Background
W&P leads and drives the District’s economic growth. By bringing town and country together, our citizens and visitors are able to share in a wide range of opportunities and experiences. The W&P Board governs the activities of the organization in accordance with the Whanganui District Council Council-Controlled Organisations (CCO) Governance Manual. Section 64 and Schedule 8 of the Local Government Act 2002 (LGA) requires draft SOIs for Council Controlled Organisations (CCOs) to be delivered to the Council (received by resolution) on or before 1 March, with the final SOIs delivered to Council on or before 30 June, each year. To inform this process, Council prepared a Letter of Expectation (LoE) to W&P to outline the Council’s expectations for the 2019/20 year. The SoI has been created alongside the draft Economic Development Strategy to ensure alignment of outcomes and goals. Strategic context
Under Schedule 8 of the LGA the purpose of a statement of intent is to — (a) state publicly the activities and intentions of a council-controlled organisation for the
year and the objectives to which those activities will contribute; and (b) provide an opportunity for shareholders to influence the direction of the
organisation; and (c) provide a basis for the accountability of the directors to their shareholders for the
performance of the organisation. Factors to consider
Financial considerations Not applicable
Legal compliance Not applicable
Policy implications Not applicable
Risks Not applicable
Significance
In terms of the Significance and Engagement Policy this report is not significant.
7
Confirmed Minutes Council Meeting 12 March 2019
Engagement
Not applicable Assessment of options
Not applicable References – Agenda Attachment
A Draft Statement of Intent for Whanganui & Partners 2019/2020
Discussion There was general agreement that discussion was required on potential amendments to
the draft statement of intent and a workshop would be the appropriate forum rather than the Council meeting. It was agreed that a workshop would be scheduled as soon as practical with W&P’s Chief Executive in attendance. Feedback would be provided back to W&P Board for consideration and a reviewed statement of intent brought to the Council’s meeting scheduled for 9 April 2019.
Council’s Resolution Proposed by Cr McDouall, seconded by Cr Duncan:
2.1 THAT Councillors workshop the content of the draft Statement of Intent with Whanganui & Partners’ Chief Executive and provide feedback to the Whanganui and Partners board for consideration.
2.2 THAT Whanganui & Partners present the reviewed draft Statement of Intent to the Council meeting scheduled for 9 April 2019.
CARRIED ACTION: Marianne Cavanagh
3. Proposed District Plan Change – Residential Zone Extension – Castlecliff
Hester den Ouden, Senior Policy Planner, reports: Executive summary
Council officers were asked to consider re-zoning land at Castlecliff to Residential, an area of previous low residential growth and demand. A Concept Plan of the two areas requested to be rezoned is attached showing approximately 115 lots (Ref B1).
Research revealed that Whanganui’s population is increasing faster than projected in the 2015 population projections upon which Infrastructure has also based its 30 Year 2018-2048 Infrastructure Strategy.
Castlecliff is experiencing a resurgence with community and Council revitalisation projects and increased housing demand.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
8
Confirmed Minutes Council Meeting 12 March 2019
Developers are prepared to invest at outer Castlecliff as they perceive demand and seek more residential zoned land to facilitate this development.
There is merit in rezoning additional land to meet the increasing demand for residentially zoned land and to provide the market with a variety of housing locations and lot sizes. This should be undertaken in a comprehensive manner to avoid fragmented development and zoning outcomes, a likely consequence if only the two land areas that have been requested are rezoned.
Longbeach Drive and Golf Vue Place demonstrate demand for homes on larger lots in Castlecliff especially in the coastal vicinity, these areas are near capacity and rezoning would facilitate more of this development.
Rezoning offers opportunity for two different minimum residential lot sizes, responding positively to varied housing demand and the landscape character of the area.
Infrastructure constraints have been explored and it is understood that upgrades to stormwater and wastewater can be managed and addressed sustainably and cost effectively.
The National Policy Statement on Urban Capacity 2016 requires councils to provide enough development capacity in their plans to ensure that demand can be met. It also requires councils to provide for a variety of different site types, sizes and locations.
The potential additional areas considered initially are shown below:
Figure 1: Castlecliff Areas 1- 4 proposed to be rezoned to Residential
Rural General Zone Reserves and Open Spaces Zone Residential Zone Rural Lifestyle Zone
Area 1
Area 2
Area 3
Area 4
9
Confirmed Minutes Council Meeting 12 March 2019
Background
Provision of residential zoned land to facilitate future development has, until now, focused on the North West Structure Plan (formerly Otamatea West) and Springvale, as this is where demand has been clearly indicated by the market. Population growth in the last three years has far exceeded that which was predicted in 2015, as has the rise in new dwelling building consents – more than double that predicted for the last two years. There are now signals of market demand for further residential development at Castlecliff as evidenced by the successful development of residential sites at Longbeach Drive and Golf Vue Place and an increase in demand for reticulated water stormwater and wastewater services. In this combination of circumstance, it is reasonable for Council to zone additional land for residential activities. Options
Referring to Areas 1 – 4 identified in Figure 1, officers have considered the developer proposal to zone only Areas 1 and 2. Officers consider there are wider community benefits to rezoning a relatively small area of developed Rural Lifestyle zoned land that extends beyond the developers’ land (Area 3). This will enable Council to manage residential development in a more sustainable manner that avoids isolated pockets of the Rural Lifestyle Zone in between or surrounded by areas of land zoned Residential. This will also facilitate infrastructure upgrades to be viable and appropriately sized for future development.
It is also recommended that Area 4 be rezoned to Residential, as sites in this area are already connected to the urban reticulated infrastructure network, so there would be limited impact on network capacity and the Residential zone would more accurately reflect actual land use. It is recommended that Areas 1 and 3 be rezoned to provide for a mix of housing densities – 400m2 minimum lot sizes, as they are adjacent to properties already zoned Residential. Areas 2 and 4 are recommended to be rezoned to provide for a lower density of 800 m2 minimum lot size, to facilitate a transition between the Residential Zone and the remaining area zoned Rural Lifestyle. Various other issues and options for land extent and development density are explored in the attached Scoping Report (Ref B2) as follows:
Topics Comment/Recommendations
RMA options to achieve a Plan change to rezone land at Castlecliff.
Council Initiated
Options for the various parcels of land to be rezoned
Areas 1 - 4 at Castlecliff
10
Confirmed Minutes Council Meeting 12 March 2019
Servicing requirements will in time need to be upgraded irrespective of any rezoning.
Significant upgrades for the Castlecliff Catchment are required.
Options as to the most appropriate density promoted for future residential development.
A mix of minimum 400 m2 and 800 m2
lot sizes.
Section 10(1)(b) of the Local Government Act 2002 requires councils to meet the current and future needs of the community with good quality infrastructure, local public services and performance functions in a way that is most cost effective. Good-quality being defined as: efficient, effective and appropriate to present and anticipated future circumstances. This proposed plan change will assist to achieve these requirements. A proposed cost sharing arrangement for technical report preparation and use of Development Agreements to cover infrastructure growth costs on subdivision, will ensure this plan change is undertaken in a cost-effective manner. Section 5 of the Resource Management Act requires that natural and physical resources are managed in a sustainable manner “at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety.” At the same time there is: a need to sustain the potential of resources to meet the reasonably foreseeable needs of future generations, safeguard the life-supporting capacity of air, water, soil and ecosystems and avoid, remedy or mitigate any adverse effects on the environment. The proposed rezoning achieves this by providing residentially zoned land for future generations to develop. It does not require subdivision should land owners not wish to pursue that at this time. The subject land is not high quality elite soils, it comprises less versatile and less productive sand dunes. Further research on ecology, engineering suitability, archaeology, cultural and traffic will identify any adverse effects on the environment that will need to be remedied or mitigated. Key issues
While the population statistics support additional land being rezoned Residential, further research is required on ecology, engineering suitability, archaeology, cultural and traffic to identify any adverse effects on the environment that will need to be remedied or mitigated. For procedural context, a flow chart showing the Plan Change process is attached (Ref 3). The proposed Plan Change is currently at stage 1 of 10. If Council adopts the recommendation, the next step is to prepare a plan change evaluation report including the commissioning of technical reports to inform the process, and undertake initial formal consultation.
11
Confirmed Minutes Council Meeting 12 March 2019
Next steps
If Council adopts the recommendation, to prepare a plan change to rezone land at Outer Castlecliff, and signing of a cost share agreement for the preparation of supporting technical reports.
References – Agenda Attachments
B1 Indicative Development Concept Plan B2 Scoping Report
SUMMARY OF CONSIDERATIONS
Fit with purpose of local government
This decision enables democratic decision making in that the public and interested parties will be consulted and will have the opportunity to make submissions and further subdivision on the proposed plan change. This decision would enable infrastructure to be upgraded with costs shared between Council and the developers. The plan change will provide for future residential growth in an area that is compatible with existing residential development.
Link: Section 10 of the Local Government Act 2002
Fit with strategic framework
Select checkboxes to indicate whether the decision / report contributes, detracts or has no impact
Contribute
s Detract
s No impact
Leading Edge Strategy
Long-Term Plan
Infrastructure Strategy
Economic Development Strategy
Other Policies or Plans –District Plan
Leading Edge Strategy: As noted in the attached Scoping Report this decision has an impact on a number of Council’s strategies and long term plans, especially the Infrastructure 30 Year Strategy as that had been predicated on slow population growth, which has been eclipsed by substantially greater population growth in the last 3 years.
The proposal is inclusive and conforms with the Leading Edge Strategy as it proposes a collaborative approach to the provision of future residential development. It focuses on neighbourhood connectivity and amenity by linking similar residential density areas at Castlecliff. The affected landowners have been consulted and will have multiple opportunities through the plan change process to participate informally and formally by making submissions, further submissions and being able to provide evidence at any future hearing.
12
Confirmed Minutes Council Meeting 12 March 2019
Infrastructure 30 Year Strategy
The decision will have an impact of infrastructure as the population growth and building consents for new dwellings has far exceeded all predictions upon which this Strategy has been based in the last three years.
Preliminary infrastructure capacity investigations have shown that significant upgrades are required for stormwater and wastewater in the whole of the Castlecliff catchment, of which outer Castlecliff is part. Developer agreements will be reached for each proposed subdivision to ensure they contribute to the costs associated with upgrading infrastructure to sustain growth. Economic Strategy 2015 There is no impact on the Economic Strategy 2015, nor the Draft Economic Strategy 2019. Council presently is in the process of developing its Housing Strategy. The proposal is consistent with Council’s Castlecliff Regeneration Strategy which has now been handed over to Progress Castlecliff.
Link: Leading Edge Strategy Link: Leading Edge Strategy Toolkit
Link: Policy and strategy documents
Risks
The recommended decision has a low degree of risk.
It may be that further research identifies a fatal flaw in the proposed rezoning of the four areas. Noting that: the area is not in a land instability area, the 1:100 or 1:200 year storm event nor is it in the tsunami evacuation areas.
Link: Risk Policy
Treaty of Waitangi
The Council will take into account the principles of the Treaty of Waitangi in its decision making and service delivery processes. Iwi authorities were notified in writing of the proposal in December 2018. No responses have been received to date. Council will commission a cultural impact assessment as part of the further research required to support a plan change. This will assist in identifying any cultural issues or adverse effects that may need to be avoided, remedied or mitigated.
Policy implications
This proposed plan change will be consistent with the District Plan’s Residential Zone objectives and policies including objectives 4.2.1.a-e and policies 4.3.1, 4.3.2.a-d, 4.3.7.
There are no conflicts with the policies of the Long Annual 2018-2028 or the Infrastructure 30 Year Strategy 2018-2048.
Financial considerations
The cost of preparing the proposed plan change will include budgeted planning officer resource. Technical reports will cost approximately $90,000 for Council with costs to be cost shared with the two initial developers. It is problematic to estimate the likely costs of any hearing as it will depend on the evidence required to be presented. The nature and number
No risks apply
13
Confirmed Minutes Council Meeting 12 March 2019
of submissions received and any further research that may be required along with preparation of any section 32AA report. However based on recent experience with the North West Structure Plan (PC 46) the costs of the independent panel may be in the order of $25,000. Hearing costs will be shared with the two developers.
$
Legal implications
There are no legal implications the process is prescribed in the Resource Management Act. Significance
The recommended decision is considered not significant as per Council’s Significance and Engagement Policy.
Link: Significance and Engagement Policy Link: Determining significance overview
Engagement
Pre-engagement has been conducted. In the first instance with the two developer parties with a number of meetings and discussions on process and detail. Council officers from planning and infrastructure have liaised throughout the development of this Item. Officers have written to all 30 land owners in the proposed rezoning area inviting initial feedback. Five parties have engaged with staff and the views are mixed. This has been detailed in the attached Scoping Report (Ref B2).
Link: Significance and Engagement Policy
PRE-ENGAGEMENT Community groups / stakeholders
Date / Status Techniques to engage
Two developers, Castlecliff Golf Course and Amalgamated Poultry Ltd
October, November, December, February
Regular briefing and information meetings
Internal pre-engagement
Planning and Infrastructure meetings and email exchanges on details September 2018 – ongoing including meetings, and the circulation of background reports on infrastructure capacity which informed the servicing discussion.
CONSULTATION Community group / stakeholder
Level of engagement on spectrum
Techniques to engage
Land Owners Inform and invitation to consult with
Letter drop, phone conversations, face to face meetings January 2019
Iwi Authorities Information and invitation to contact officers to discuss feedback and potential preparation of a Cultural Impact Assessment (CIA). A CIA will be commissioned if Council approves initiation of this plan change process.
Letter to all Iwi authorities sent 7 December 2018. No feedback received to date.
Nil Approved in LTP / AP Unbudgeted
14
Confirmed Minutes Council Meeting 12 March 2019
Discussion
Jamie O’Leary and Ian Harrex (stakeholders in the proposal to re-zone land at Castlecliff to Residential) were in attendance at the meeting to respond to questions if required relevant to Areas 1 and 2. Ms den Ouden summarised the proposed District Plan change. Noting that Whanganui’s growth rate was higher than projected, and given a plan change process could take up to two years to finalise, it was considered prudent to have this in place to follow the other two areas currently under development. Ms den Ouden responded to questions. Stormwater assessments had determined upgrades would be required and there would be development contributions to cover infrastructure growth costs. While preliminary discussions on potential costs had taken place it was premature to negotiate any type of agreement before a decision from Council. While no response had been received from iwi at this stage, the Council’s Strategic Lead Culture and Community had begun discussions with a person qualified to prepare a cultural impact report.
Council’s Resolution Proposed by Cr Anderson, seconded by Cr Duncan:
3.1 THAT Council approves the preparation of a proposed District Plan change to rezone land at Castlecliff, being Areas 1 – 4 identified in Figure 1 of this Item, from Reserves and Open Space and Rural Lifestyle zones to the Residential Zone.
CARRIED ACTION: Hamish Lampp
4. Proposed Plan Change 55 – Miscellaneous Provisions
Hester den Ouden, Senior Policy Planner, reports: Executive summary
The purpose of this report is to seek approval of those parts of Plan Change 55 (Miscellaneous) to the District Plan for which no submissions have been received and confirm the date that this Plan change will become part-operative. The stage at which this plan change is at is shown in attachment (Ref C1) – the blue arrow indicates Step 5 in the process.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
15
Confirmed Minutes Council Meeting 12 March 2019
Background
Plan Change 55 was publicly notified on 19 December 2018. Submissions closed on 8 February 2019. Five submissions were received, largely in support with minor changes requested. Plan Change 55 covers a number of minor matters and seeks to streamline and reduce duplication of provisions. The majority of the proposed changes have not been the subject of submissions, in other words, are uncontested. These are now effective and able to be approved and made operative, and are as follows:
Chapter 2 Definitions for Building, Existing Ground, Structure and Temporary Activities.
Chapter 3 Rural Environment: o Delete Issue 3.1.2 (Trees), o Delete Rules 3.5.7, 3.7.4, 3.9.7 (Trees), o Delete Rule 3.6.2.d (Subdivision: Rural Lifestyle).
Chapter 4 Residential Environment and Coastal Residential: o Issue 4.1.7 o Add Objective 4.2.1.j o Amend Policy 4.3.2.e, add 4.3.2.h-k o Amend Rule 4.4.1 Permitted activities by adding “on local roads” to Rule
4.4.1.c, and delete Rule 4.4.1.d o Delete Rule 4.4.3.a (Subdivision: Residential zone) o Amend Rule 4.4.3.c.i (topography or location of existing buildings), o Delete 4.4.3.c.iii (buildings already encroach standard), o Amend 4.4.3.iv (impact of non-compliance), o Add Rule 4.4.3.c.vi (notification, height recession plane), o Amend Rule 4.4.3.d.iii, add Rule 4.4.3.d.vi (notification accessory buildings), o Delete Rule 4.4.3.e (Non-residential activities on local roads), o Amend Rule 4.5.4.c.i and delete rest of rule (Fences), o Amend Rule 4.5.4.e (Accessory buildings), o Amend Rule 4.5.5.b.i & ii (Amenity), o Delete Rule 4.5.5.c (Non-residential activities on local roads), o Amend Rule 4.5.8.b (Parking), o Amend Rule 4.6.1.c insert “on local roads”, o Delete Rule 4.6.1.d (Reserves and Open Spaces), o Amend Rule 4.6.3.b.i and iii, delete 4.6.3.b.iv and insert 4.6.3.b.vi
(Notification, accessory buildings), o Delete Rules 4.6.3.c & d., o Delete 4.6.4.a and 4.6.5.e (Subdivision), o Delete 4.7.9 (Traffic Generation).
Chapter 13 Subdivision: o Amend Note 13.4.1 (Notification) o Insert Rule 13.4.2.ac (Subdivision Rural Lifestyle Zone), o Delete Rule 13.4.2.ac.ii and 2nd bullet point, o Insert Rule 13.4.2.ae (Subdivision in the Rural Settlement Zone), delete 2nd
bullet point “Comply with”,
16
Confirmed Minutes Council Meeting 12 March 2019
o Insert Rule 13.4.2.af (Subdivision in the Residential Zone), and delete Rules 13.2.4.af i. & ii.,
o Insert Rule 13.4.2.ag (Subdivision in the Neighbourhood Commercial Zone), o Insert Rule 13.4.2.ah (Subdivision in the Airport Enterprises Zone) and delete
“provided that…”, o Insert Rule 13.4.2.ai (Subdivision in the Reserves and Open Spaces Zone) and
delete (now) 2nd provisio under Rule 13.4.2.ai.ii, o Insert Rule 13.4.3.f (Subdivision in the Coastal Residential Zone) and delete
(now) Rule 13.4.3.f.i., o Insert 13.4.4.g (Subdivision in the Coastal Residential Zone) and delete (now)
Rule 13.4.4.g.i,
A copy of the marked up text is attached (Ref C2). Section 86F (1)(a) provides that when no submissions in opposition have been made or appeals have been lodged a rule in a proposed plan “… must be treated as operative”. Therefore the majority of the provisions now apply. The Plan Change process has now been completed in relation to the above provisions, in accordance with the Council’s obligations under the Resource Management Act 1991, and is able to be approved by Council and made operative. Council approval of Plan Change 55 is required to comply with Clause 17 of the 1st Schedule of the Resource Management Act 1991, which is a pre-requisite for any plan change to be made operative or in this case part operative.
Options
Declaring the effective provisions operative now is consistent with council’s obligations under the RMA. This approach would be time and cost effective for both council and the community and provides clarity for Plan users. This is in accordance with s 10 of the Local Government Act 2002 which states
… performance of regulatory functions, means infrastructure, services, and performance that are— (a) efficient; and (b) effective; and (c) appropriate to present and anticipated future circumstances
Key issues
The majority of the minor amendments that are covered by proposed Plan Change 55 are uncontested and can now be declared operative. Those topics that are the subject of submissions will be reported to Council separately. Next steps
Public notice of the date that Plan Change 55 becomes part-operative and the Common Seal of the Council is affixed.
Circulation of the operative Plan Change is then required, as prescribed in Clause 20 Schedule 1 to the RMA.
17
Confirmed Minutes Council Meeting 12 March 2019
References – Agenda Attachments
C1 District Plan Change Process Diagram C2 Marked up text of Plan Change 55 Plan provisions to be approved
SUMMARY OF CONSIDERATIONS
Fit with purpose of local government
Approving the effective provisions of Plan Change 55 and confirming them as operative is a requirement of the Resource Management Act (Clause 17 and 20).
Link: Section 10 of the Local Government Act 2002
Fit with strategic framework
Select checkboxes to indicate whether the decision / report contributes, detracts or has no impact
Contributes Detracts No impact Leading Edge Strategy
Long-Term Plan
Infrastructure Strategy
Economic Development Strategy
Other Policies or Plans –District Plan
The proposed plan change seeks to streamline and reduce duplication in the District Plan. The District Plan is required to give effect to the purpose and principles of the Resource Management Act, and to provide quality effective and efficient regulation under the Local Government Act 2002.
Link: Leading Edge Strategy Link: Leading Edge Strategy Toolkit
Link: Policy and strategy documents
Risks No risks apply
Treaty of Waitangi
The Council will take into account the principles of the Treaty of Waitangi in its decision making and service delivery processes.
Policy implications
The proposed plan change is consistent with existing policy contained in the District Plan, and and gives effect to the recent Signage Policy 2019.
No changes to current policy are required.
There is no impact on the Long Term or Annual Plans that arise out of adopting the non-contested provisions of the plan change.
Financial considerations
Nil
Approved in LTP / AP
Unbudgeted
$
18
Confirmed Minutes Council Meeting 12 March 2019
Legal implications
The proposed plan change has been developed in accordance with the Resource Management Act and the Local Government Act. No other legislation is involved.
Significance
The recommended decision is considered not significant as per Council’s Significance and Engagement Policy.
Link: Significance and Engagement Policy Link: Determining significance overview
Engagement
Pre-engagement in the development of the proposed plan change were detailed in an Item to Council to notify the proposed plan change on 11th December 2018. That engagement was extensive and included stakeholders, iwi, regional and adjacent local authorities and network utility operators.
The plan change was notified for a slightly extended period than the Act provides because of the festive season and no submissions received in relation to the above provisions.
Internal pre-engagement
Infrastructure and Roading
Property Meetings emails and discussions on provisions and the resolution of
submissions.
Council’s Resolution Proposed by Cr Joblin, seconded by Cr Cleveland:
4.1 THAT the uncontested provisions of ‘Plan Change 55 – Miscellaneous’ is approved pursuant to Clause 17 of the Schedule 1 of the Resource Management Act 1991 by affixing the Common Seal of the Council; and is made operative on 22 March 2019 following public notification of this date on Saturday 16 March 2019.
CARRIED ACTION: Hamish Lampp
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
19
Confirmed Minutes Council Meeting 12 March 2019
5. Adoption of Annual Plan 2019/20 Consultation Document
Marianne Cavanagh, Principal Advisor Corporate, reports: Executive summary
The purpose of this report is to approve the draft Consultation Document (CD) on the Annual Plan 2019/20 for public consultation. Background
As per the Local Government Act (LGA) the CD is a true ‘exception’ document – dealing with changes to year two of the Long Term Plan 2018-2028, and not repeating decisions that were already made. The CD will be the basis of our discussions with the community. Options
Option 1 – adopt consultation document for public consultation (preferred option). This option will meet our obligations under the LGA to allow people to have a fair and reasonable opportunity to provide their views to Council. Option 2 – do not adopt the consultation document for public consultation. This option is not recommended as Council would fail to meet its requirements under the LGA. Key issues
Strategic context The focus of the CD is relatively narrow and, as a result, the document is quite small. The Long term Plan set the strategic direction for the next three years. This CD represents key changes and other updates to year two of our Long Term Plan 2018-2028. The Supporting Information document provides for further information relevant to the Annual Plan 2019/20 CD. Factors to consider
Financial considerations Consultation on the CD can be met from within existing budgets. It will be widely distributed (e.g. at cafes and Council facilities) and made available online.
Legal compliance All statutory requirements under the LGA have been met.
Policy implications Not applicable. However, the CD is drawn from existing Council policies and strategies in line with the Long Term Plan 2018-2028.
Risks The CD is a legal requirement and formal adoption of this is necessary in order to proceed with development of the Annual Plan 2019/20.
20
Confirmed Minutes Council Meeting 12 March 2019
Next steps
The public consultation period will run from 20 March until 24 April 2019. There are a number of engagement and communication initiatives planned: • Facebook • Online engagement portal • Newspaper insert • Community Link • Council website
The purpose of a CD is to serve as the basis for public participation in the Annual Plan process. This will be widely distributed and consulted on during our formal submission period which will run from 20 March until 24 April 2019, with public hearings scheduled for 8-9 May 2019.
References
To be provided to Elected Members prior to the Council’s meeting –
Supporting Information to the Annual Plan 2019/20 Consultation Document Proposed Consultation Document for the Annual Plan 2019/20
Discussion Copies of the designed consultation document and the supporting information to the
consultation document were tabled.
It was requested that the final designed document be ‘print friendly’ for those people wanting to download from the Council’s website and print.
In reply to a request that more information on the Council’s long-term projects should be included in the consultation document, it was noted that the consultation document was required to list departures from the Council’s long-term plan and this needed to be read in conjunction with the Council’s long-term plan. The proposed increases in swimming pool fees and Land Information Memorandum (LIMs) was not revenue gathering but the reasonable cost of providing those services. It was pleasing to note that the proposed rate increase of 3.9% was among the lowest rate increases in New Zealand.
Council’s Resolution Proposed by Mayor McDouall seconded by Cr Craig:
5.1 THAT the Supporting Information to the Annual Plan 2019/20 Consultation Document is approved for public consultation subject to any necessary minor amendments.
5.2 THAT the Annual Plan 2019/20 Consultation Document is approved for public consultation subject to any necessary minor amendments.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
21
Confirmed Minutes Council Meeting 12 March 2019
5.3 THAT consultation on the draft Annual Plan 2019/20 be held from 20 March until 24 April 2019.
CARRIED ACTION: Marianne Cavanagh The meeting adjourned at 2.48pm. The meeting resumed at 3.07pm.
6. Remits to Local Government New Zealand Stephanie Macdonald-Rose, Policy and Governance Manager, reports: Executive summary The purpose of this report is to seek endorsement of suitable remits to submit to Local Government New Zealand (LGNZ). Background At the Council meeting on 12 February 2019 elected members were asked to consider whether there were any items or issues that were suitable to progress as remits to the Zone Three meeting in April and, if supported, to the LGNZ Annual General Meeting in July 2019. It was decided that a workshop be held to discuss potential topics in more detail and this session was held on 20 February 2019. At the workshop the following suggestions were submitted by elected members:
Appointment of independent commissioners to Resource Management Act hearings.
Central government funding for museums and galleries.
Building Code amendments to relax toilet provisions.
Ban on single use plastics.
Spraying of rural roads.
Mobility scooter safety.
Research was undertaken on these topics to assess them for suitability and the following recommendations made. These were circulated to elected members on 1 March 2019 for feedback and confirmation.
Topic Relationship to LGNZ work programme
Further comments Recommendation
Resource Management Act Independent Commissioner Appointment
Although this does not directly relate to the LGNZ work programme it is noted that: “The RMA has been subject to major tinkering and now
The planning team has contributed to this remit, with the suggestion that the Victorian State Government hearing appointment process be followed.
That the selection of all independent commissioners for Resource Management Act hearings be centralised to improve independence
22
Confirmed Minutes Council Meeting 12 March 2019
needs major reform”1
and enhance the quality of decisions.
Central government funding for museums and galleries
The LGNZ work programme includes tourism as a focus area and addresses concerns about funding: “Without more equitable forms of funding there is a risk that visitors will lack the appropriate range of local amenities they need to have a positive experience.”2
Feedback has been sought from the Regional Museum and Sarjeant Gallery in the development of this remit but additional detail will be required prior to submission.
That central government funding be made available on an annual basis for museums and galleries operated by territorial authorities with nationally significant collections.
Building Code amendments to relax toilet provisions.
The LGNZ work programme refers to the encouragement of planning and building efficiencies. They suggest: “Legislative, policy and regulatory frameworks that provide councils with the necessary decision-making authority and funding tools to provide rural and urban communities with the services and infrastructure they require to thrive and prosper.”3
Although this topic has some relevance to the LGNZ work programme further investigation revealed that there was little need to effect change in this space. Feedback: The building team has indicated that this is not a particular concern. There is already some flexibility here and consents have recently been issued for refurbishments without the requirement for a toilet. Not all stores (and not even all eateries) are required to have one. Toilets do not necessarily need to be on-site. Generally businesses just need to show that facilities are available for their staff – however, this can include showing that an agreement has been reached with another business nearby. Although there can be different requirements for eateries and larger developments there are still some discretionary provisions here and these do not reflect the particular concerns discussed as part of this remit – that being the impost on smaller stores that may be triggered once refurbishment work is underway.
It is recommended that this does not progress as a remit.
Ban on single use plastics
Although the issue of plastics is not specifically covered, LGNZ is concerned with leading and
This issue is considered to be significantly well advanced. Feedback:
It is recommended that this does not progress as a remit.
1 http://www.lgnz.co.nz/assets/Uploads/07f13ec8f7/44316-LGNZ-Policy-Statement-2017-New.pdf Retrieved 27 February 2019 2 http://www.lgnz.co.nz/assets/Uploads/07f13ec8f7/44316-LGNZ-Policy-Statement-2017-New.pdf Retrieved 27 February 2019 3 Ibid.
23
Confirmed Minutes Council Meeting 12 March 2019
championing policy to deal with environmental issues as one of its key pillars. This is currently framed in relation to climate change, freshwater and biodiversity.
Although LGNZ hasn’t taken a view on this issue (except as it relates to plastic bags and straws), central government has signed up to the New Plastics Economy Global Commitment to eliminate plastic waste at source. The obligations for government signatories are to:
1. Endorse the Global Commitment’s common vision of “A circular economy for plastic, where plastic never becomes waste”.
2. Commit to have ambitious policies and (where relevant) measurable targets in place well ahead of 2025 in order to realise and report tangible progress by 2025, in each of the following five areas: a. Stimulating the elimination of
problematic or unnecessary plastic packaging and/or products.
b. Encouraging reuse models where relevant, to reduce the need for single-use plastic packaging and/or products.
c. Incentivising the use of reusable, recyclable, or compostable plastic packaging.
d. Increasing collection, sorting, reuse, and recycling rates, and facilitating the establishment of the necessary infrastructure and related funding mechanisms.
e. Stimulating the demand for recycled plastic.
3. Commit to collaborate with the private sector and NGOs towards achieving the Global Commitment’s common vision (e.g. through Plastics Pacts).
4. Report annually and publicly on the implementation of these commitments and progress made.
In August last year it was announced that Ministry for the Environment had a new work programme on Waste. Part of this involves developing a Circular Economy Strategy. It is considered that much of this work will have advanced significantly by the time the remit process is completed.
24
Confirmed Minutes Council Meeting 12 March 2019
In addition, the confidence and supply agreement between Labour and the Greens commits this Government to minimising waste to landfill with significant reductions in all waste classes.
Spraying of rural roads
This issue could be considered as part of LGNZ’s commitment to environmental policy but the issues this remit responds to are not specifically covered.
This has been discussed with Cr Taylor and can be referred to the Wanganui Rural Community Board, if required.
It is recommended that this does not progress as a remit.
Mobility scooter safety
Transport safety issues are not referred to specifically in the current LGNZ work programme. However, addressing the needs of an ageing population is included under one of the five policy priorities (Social).
This remit was proposed last year and not supported at the Zone Three meeting. Additional research has been undertaken into the safety implications considered to be posed under the current system. This has involved discussions with the Police, Horizons Regional Council and NZTA.
That LGNZ requests that government investigate the introduction of strengthened rules to govern the safe use of mobility scooters, particularly in relation to speed limits and registration.
Key issues The topics recommended for submission cover a range of factors across safety, funding and regulatory efficiency. These would all meet the requirements of the LGNZ Remit Policy in that they are major policy issues with relevance to the entire local government sector. Remits must be accompanied by background information and research to show that the matter warrants consideration by delegates. This should show:
The nature of the issue.
The background to its being raised.
The issue’s relationship, if any, to the current work programme and its objectives.
The level of work, if any, already undertaken on the issue by the proposer, and the outcomes to date.
The outcomes of any zone or sector meetings which have discussed the issue.
Suggested actions that could be taken by LGNZ should the remit be adopted. Draft remits are attached (Ref D1, D2, D3).
Next steps All approved remits will be presented to the Zone Three meeting in April 2019. In order to proceed to the LGNZ AGM in July 2019 a remit must have formal support from at least one zone or sector group meeting, or five councils.
25
Confirmed Minutes Council Meeting 12 March 2019
Proposed draft remits are presented to the Council for general approval, subject to minor amendments and finalisation. This will enable any additional supporting detail to be provided prior to the Zone Three agenda deadline of 29 March 2019.
References – Agenda Attachments D1 Remit – Resource Management Act Independent Commissioner Appointment. D2 Remit – Central Government Funding for Museums and Galleries. D3 Remit – Mobility Scooter Safety.
SUMMARY OF CONSIDERATIONS
Fit with purpose of local government
Remits are required to clearly demonstrate a national policy focus – articulating a major interest or concern for local government at the national political level.
Link: Section 10 of the Local Government Act 2002
Fit with strategic framework
Contributes Detracts No impact Leading Edge Strategy
Long-Term Plan
Infrastructure Strategy
Economic Development Strategy
Other Policies or Plans – Safer Whanganui
The proposed remits span a number of nationally relevant policy issues while also reflecting Whanganui’s strategic concerns across safety, funding and regulatory efficiency.
Link: Leading Edge Strategy Link: Leading Edge Strategy Toolkit
Link: Policy and strategy documents
Risks No risks apply
There are no perceived risks in relation to the recommended decision. Treaty of Waitangi
The Council takes into account the principles of the Treaty of Waitangi in its decision making and service delivery processes.
Policy implications
If these remits are supported then there may be policy implications as these are progressed and potentially implemented. Any impact for this Council will be assessed and reported on as necessary. Financial considerations
Not applicable. However, it should be noted that the preparation of remits does require considerable research and officer time. Any financial considerations as a result of a successful remit will be assessed and reported on as necessary.
Nil
Approved in LTP / AP
Unbudgeted
26
Confirmed Minutes Council Meeting 12 March 2019
Legal implications
There are no legal implications as a result of the recommended decision.
Significance
The recommended decision is considered not significant as per Council’s Significance and Engagement Policy.
Link: Significance and Engagement Policy Link: Determining significance overview
Engagement
Key staff have been engaged in the development of these remits as necessary. Link: Significance and Engagement Policy
PRE-ENGAGEMENT Community groups / stakeholders
Date / Status Techniques to engage
Internal pre-engagement
Planning Team
Whanganui Regional Museum
Sarjeant Gallery
Building Team
Legal Counsel
Waste Contractor
Cr Taylor, a Resource Management Act (RMA) Independent Commissioner, advised a potential conflict of interest in discussion on the proposed RMA Independent Commissioner Appointment remit. Discussion
In reply to a question, Mayor McDouall said he had raised a concern that there was potential for undue influence or bias in the selection of RMA Independent Commissioners and believed a centralised system for selection was preferred. Currently there was also limited ability for new commissioners to obtain experience and as a consequence, little incentive for people to enter this field of work. Cr Craig said while the mobility scooter remit was to investigate the introduction of rules to govern the safe use of mobility scooters, it did not address electric bikes or ‘lime’ scooters. Cr Craig believed the bigger picture needed to be considered and queried whether it was more appropriate this be referred to Horizons Regional Council. Cr Baker-Hogan said the issue of mobility scooter safety had originally come from Safer Whanganui and had been worked on by Horizons Regional Council with input from Positive Ageing and the Whanganui District Council.
Cr Taylor requested that each proposed remit be taken separately.
27
Confirmed Minutes Council Meeting 12 March 2019
Council’s Resolution Proposed by Cr Joblin, seconded by Mayor McDouall:
6.1 THAT the following remits are endorsed for submission to the Local Government New Zealand Zone Three meeting on 3-4 April 2019 for consideration, subject to any minor amendments and finalisation as necessary:
• Resource Management Act Independent Commissioner Appointment.
CARRIED Cr Taylor abstained from voting
• Central Government Funding for Museums and Galleries.
CARRIED
• Mobility Scooter Safety CARRIED
Cr Taylor voted against ACTION: Stephanie Macdonald-Rose
7. Amended Meeting Schedule 2019
Rob Goldsbury, Legal Counsel and Kate Barnes, Senior Democracy Advisor report:
Executive summary
In the lead-up to this year’s election, it is important to ensure that all candidates contest the election on a “level playing field”. This report proposes an amended Meeting Schedule that aims to ensure that all major policy decisions are dealt with prior to the pre-election period. It also advises Councillors of administrative steps that the Chief Executive will implement during the pre-election period that are designed to assist with this goal.
Background
At its meeting on 9 October 2018 the Council adopted a meeting schedule for this year. The purpose of a meeting schedule, as referred to in that meeting’s agenda, is to ensure good governance. One of the things that was considered was the necessity to “mitigate the risk that sitting Members may wittingly, or unwittingly, achieve electoral advantage at ratepayers’ expense, and to allow for sitting Members to conduct any election campaign freely”. In the intervening period further consideration has been given to what is known as the pre-election period.
Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
28
Confirmed Minutes Council Meeting 12 March 2019
As the election approaches it becomes more and more important to ensure that the “ordinary” work of the Council is kept clearly separate from any “electoral activity” of candidates. This applies not only to sitting Councillors or Community Board members who seek pre-election but also to those who seek to be elected but are not currently elected representatives.
The Local Electoral Act 2001 contains “Principles”. One of those principles is that "all qualified persons have a reasonable and equal opportunity to … accept nomination as a candidate" (section 4(b)(iii)).
The Controller and Auditor-General has translated that principle into a specific principle relating to “communications” in what is described as the "pre-election period". Attached is the relevant parts of a Good Practice guideline issued by the Controller and Auditor-General (Ref E1). While the guideline deals with communications specifically it also touches on the wider issue of use of Council resources. Also, obviously, “communications” includes communications that are part of and result from Council meetings.
Pre-Election Period
The Good Practice guideline adopts the following principle: "A local authority must not promote, nor be perceived to promote, the re-election prospects of a sitting member. Therefore, the use of Council resources for re-election purposes is unacceptable and possibly unlawful".
The Controller and Auditor-General specifically applies this principle to a defined "pre-election period". This pre-election period derives from section 104 of the Local Electoral Act. Section 104 defines concepts relating to electoral expenses. The period runs from three months before election day and is designed to ensure that the electoral expenses requirements apply to electoral activity within that time period.
This time period starts before a candidate can be formally nominated. The definitions are clearly intended to capture a prospective candidate who has announced their candidature. Attached is a copy of section 104 (Ref E2).
Meeting Schedule
Council meetings, themselves, can present situations where electoral activity might inadvertently occur. This could apply equally to sitting Councillors or others candidates. The current schedule recognises this issue to some degree. Now that work programmes for the year are clearer, staff have reviewed the current schedule and have made adjustments to reflect the work programmes and better address the risks associated with the electoral process. Particular attention has been given to the period from 12 July 2019 onwards.
Council issued Equipment
To ensure that the principles above are not breached Councillors need to be aware of their use of Council issued equipment. In the past some Councils go so far as to remove Councillors’ tablets and cell phones from the beginning of the pre-election period. Given that legitimate Council-related communications rely on these devices (and more so in 2019
29
Confirmed Minutes Council Meeting 12 March 2019
compared to 2004 when the guidelines were written) it is not practicable to go this far. Certainly, however, Councillors who are intending to stand should be careful not to use Council issued devices (or any other Council asset) for electoral activity, particularly from 12 July 2019.
Local Government Official Information and Meetings Act 1987 (LGOIMA) Requests
The other, related, area is access to and use of Council information. Sitting Councillors can obtain official information in two possible ways. First, they are entitled to whatever information they need to make the decisions that they are being asked to make. This has been described as the "need to know" availability of information.
Beyond that, sitting Councillors are in the same position as other citizens and they can only obtain information through the LGOIMA. Council officers are, naturally, keen to ensure that sitting Councillors have ready access to information to enable them to carry out their duties.
However, in the lead up to an election, sitting Councillors, potentially, have an advantage over other potential candidates who are not able to obtain information so easily. Further, from a practical point of view, officers are often required to deal with multiple requests for the same information from different candidates.
In order to best manage this issue and to ensure that the principles set out in the Local Electoral Act are followed the Chief Executive Officer has decided to implement the following protocol during the pre-election period FROM 12 July onwards.
All LGOIMA requests from candidates (or those who have publicly stated that they are standing) and their responses will be published on the Council website so that any other candidate can access the same information.
Options
There are two options to consider here. Option 1 is to accept the recommendation and adopt an amended meeting schedule (Ref E3). The advantage of this option is that the proposed schedule aligns with work programmes and lessens the risk of a claim that sitting Councillors are in breach of the principles set out in the Local Electoral Act and the Auditor General’s guidelines. The disadvantage of this option is that there will be fewer meetings during the pre-election period. Option 2 is to keep the existing meeting schedule. The advantage of this option is that there is no change to the existing arrangements and there will be more public meetings than contemplated by Option 1. The disadvantage of this option is the heightened risk of breach of the principles referred to. Key issues
The issue for Councillors is to balance the risks referred to above with the reduction (for a period of time) in the number of public meetings.
30
Confirmed Minutes Council Meeting 12 March 2019
Given that the work programme can be accommodated within the amended schedule and the risks associated with the Council making substantive policy decisions during the pre-election period, it is the view of officers that amending the meeting schedule is the preferable option. Next steps
If the recommendation is adopted, the Meeting Schedule will be amended.
References – Agenda Attachments
E1 Auditor – General’s guidelines (extract) E2 Section 104, Local Electoral Act 2001 E3 Proposed Amended Meeting Schedule
SUMMARY OF CONSIDERATIONS
Fit with purpose of local government
This decision enables democratic local decision making and action by, and on behalf of communities, by adopting an appropriate meeting schedule.
Link: Section 10 of the Local Government Act 2002
Fit with strategic framework
Select checkboxes to indicate whether the decision / report contributes, detracts or has no impact
Contributes Detracts No impact Leading Edge Strategy
Long-Term Plan
Infrastructure Strategy
Economic Development Strategy
Other Policies or Plans
Link: Leading Edge Strategy Link: Leading Edge Strategy Toolkit
Link: Policy and strategy documents
Risks No risks apply
Treaty of Waitangi
The Council will take into account the principles of the Treaty of Waitangi in its decision making and service delivery processes.
Policy implications
There are no policy implications in regard to this decision as the policy work programme is accommodated within the amended meeting schedule.
Financial considerations
Nil
Approved in LTP / AP
Unbudgeted
$
31
Confirmed Minutes Council Meeting 12 March 2019
Legal implications
The legal implications relating to the pre-election period are dealt with in the Background section of this report.
Significance
The recommended decision is considered not significant as per Council’s Significance and Engagement Policy.
Link: Significance and Engagement Policy Link: Determining significance overview
Discussion Several Councillors expressed concern at the proposed amended meeting schedule. It was
considered the period from the last scheduled Council meeting to the first full Council meeting following the triennial election was too long. It was suggested Elected Members’ decision making capability could be compromised and from ratepayers’ point of view could be seen as a long gap. Some concern was also expressed that the Controller and Auditor-General’s advice on communications in a pre-election period was 15 years old.
Ms Barnes and Mr Goldsbury responded to questions. Mr Goldsbury said the Local Electoral
Act was very clear that a candidate could not use any Council resources for the purposes of electoral activity. Once the three-month election period commenced, council meetings needed to be limited to those that were absolutely necessary. Within the next few days, Parliament would be passing amendments to the Local Government Act that would place a positive obligation on chief executive officers to enforce the principles of the Act to ensure there was an even ‘playing field’ between sitting councillors and those standing for council. From Council’s staff point of view, all programmed business would be complete prior to the start of the pre-election period.
Several Councillors sought further information from Local Government New Zealand on
what other councils were planning. Proposed by Cr Joblin, seconded by Mayor McDouall:
That the report be received
That the amended meeting schedule, dated 4 March 2019, is adopted. Several Councillors queried what other councils were considering during the pre-election
period. It was also suggested advice be sought from Local Government New Zealand. Procedural Motion Proposed by Cr Baker-Hogan, seconded by Cr Craig: THAT the report lie on the table.
32
Confirmed Minutes Council Meeting 12 March 2019
Council’s Resolution Proposed by Cr Baker-Hogan seconded by Cr Craig:
7.1 THAT the report lie on the table.
CARRIED
Mayor McDouall, Cr Anderson, Cr Joblin and Cr Taylor voted against.
ACTION: Rob Goldsbury, Kate Barnes
8. Council Appointments 2019
Mayor Hamish McDouall has proposed the following appointments for the Council’s approval:
Four Regions Trust – Deputy Mayor Jenny Duncan.
Audit and Risk Committee – Eileen O’Leary.
Deputy Chair of the Strategy and Finance Committee – Cr Philippa Baker-Hogan. A vacancy arose on the Audit and Risk Committee due to the passing of the Chair, former Councillor Sue Westwood. Cr Murray Cleveland has resigned as Deputy Chair of Strategy and Finance Committee.
Council’s Resolution Proposed by Cr Joblin, seconded by Cr Cleveland:
8.1 THAT Council appoints Deputy Mayor Jenny Duncan to the Four Regions Trust.
8.2 THAT Council appoints Eileen O’Leary to the Audit and Risk Committee.
8.3 THAT Council appoints Cr Philippa Baker-Hogan as Deputy Chair of the Strategy and Finance Committee.
CARRIED Cr Baker-Hogan and Cr Duncan abstained from voting.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
33
Confirmed Minutes Council Meeting 12 March 2019
9. Government Consultation Update
Justin Walters, Policy Analyst, reports: Executive summary The purpose of this report is to provide an update on Central Government and other consultations being undertaken which have the potential to impact on Council or the Whanganui District. Background The purpose of the government consultation update (Ref F) is to keep the Council informed on opportunities to provide feedback on legislation, discussion documents and other consultations, undertaken by Central Government and public organisations, that have potential to affect the operation of Council or the wider Whanganui District within the responsibilities of Council.
The following new Government consultations are available for comment: Consultation Closing Date
Reform of Vocational Education – Consultation discussion document 27/03/2019
Regulatory Systems (Workforce) Amendment Bill (No 2) 25/03/2019
Horizons Regional Council 2019-20 Annual Plan 25/03/2019 Key issues Reform of Vocational Education – Consultation discussion document The Ministry of Education is proposing to amalgamate the existing industry training organisations (including the 16 polytechnics) into a single new institution, the “New Zealand Institute of Skills and Technology”. The proposal would also see the creation of a unified vocational education funding system. The stated aim of the reorganisation is to have a unified, coordinated, national system of vocational education and training with a strong regional focus giving local leaders much more say in the education and training offered in the region. Education has been identified as a key driver for economic growth within Whanganui. The Whanganui and Partners Strategic Lead for Education is currently working with local educational providers and industry on a joint response to the proposed changes. Overall, the proposed changes are considered to be positive as it would improve the funding system for institutes of technology with benefits for UCOL Whanganui. However, a potential risk from the amalgamations would be a centralisation of resources. Officers are actively working to ensure that a strong case is made for the retention of Whanganui’s local campus as it delivers education and training that is important for the economic growth of key industries within the Whanganui District. Next Steps At the time of the close of the agenda for this meeting, the Whanganui and Partners Strategic Lead for Education is working with local industry to draft a submission to the
34
Confirmed Minutes Council Meeting 12 March 2019
government on proposed changes. It is expected that a draft Council submission will be available to circulate to elected members for comment in the week commencing 18 March 2019, with the Mayor and Chief Executive approving the final submission. The final submission will then be included at the following Council meeting for noting.
References – Agenda Attachments F Government Consultation Update – March 2019.
Council’s Resolution Proposed by Cr Joblin, seconded by Cr Taylor:
9.1 THAT the information within Government Consultation Update – March 2019 is noted. CARRIED
10. Actions Arising from Previous Minutes
No
Item Resolution Action % Completed
1 Council meeting 8 May 2018 7. Plan Change 53 – Springvale Structure Plan
THAT approval is granted to undertake a Plan Change to incorporate the Springvale Structure Plan into the District Plan.
Victoria Edmonds The Plan change is underway, and the first draft of the s32 report is also complete to the level it can be. Council commissioned a cultural impact report, which was received on 12 December 2018. Council also commissioned an Ecology Report, which has been received by Council. This report has altered the master plan in terms of stormwater. A new plan change map will be produced taking into account these changes. Council has commissioned a Traffic Impact Assessment which is due on 5 May 2019.
35
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
35
Confirmed Minutes Council Meeting 12 March 2019
2 Council meeting 16 May 2018 Chamber of Commerce – Business Training Programme
THAT the request for funding from the Chamber of Commerce is referred to Whanganui & Partners and that the outcome is reported back to Council.
Mark Ward The Chamber of Commerce have been provided with the relevant application documentation. Further discussions are currently underway as to the best way to support and complement each other’s activities.
25
3 Proaxiam – Funding for Establishing an IT and Creative Hub
THAT the requests from Proxiam are referred to the Whanganui and Partners Board for their consideration from existing budgets and the outcome reported back to Council.
Mark Ward The current Digital Strategy Engagement will help to inform the WAP Board in making this consideration. Digital and Design areas are a part of the draft WAP Statement of Intent.
25
4 Council meeting 28 June 2018 2. Confirmation of the Leading Edge Strategy
THAT a survey of large businesses is undertaken to obtain their views of the Leading Edge Strategy.
Stephanie Macdonald- Rose This survey forms part of the Leading Edge Strategy ‘refresh’ communications plan and will be delivered in the new year.
25
5 Council meeting 9 October 2018 4. Francis Road and Rapanui Road Intersection Safety Assessment
THAT Whanganui District Council posts a temporary speed of 80km/h through the site encompassing the Westmere School boundaries on both Francis Road and Rapanui Road, and along Rapanui Road between Francis Road and State Highway 3.
Chris Thrupp Sign installation 100%
completed 80km/hr speed limit is now in force. School electronic signs being modified to display 40km/hr down from current 70km/hr mid-February 2019.
90
6 Council meeting 11 December 2018 6. Whanganui Land Settlement Negotiation Trust – Update
THAT Council enters into a Relationship Agreement with a post-settlement governance entity which will be informed by Te Tomokanga ki te Matapihi (Whanganui Land Settlement Values) THAT Council considers the transfer of 128 hectares of grazing land on Airport Road and South Spit to Whanganui Land Settlement
Leighton Toy To be completed post settlement. To be considered during land settlement discussions.
10
10
36
Confirmed Minutes Council Meeting 12 March 2019
Negotiation Trust. The land forms part of, and is included in, Identifier 357927, Wellington Registry. THAT Council considers the advice of the Office of Treaty Settlements that Whanganui Land Settlement Negotiation Trust request a First Right of Refusal for the purchase of any Harbour or City Endowment land. THAT Council understands the intention of there being continued unfettered public access to and supports the progression of vesting of some or all Crown owned reserve land at Kai Iwi Beach. THAT Council considers opportunities for joint management relationships with Whanganui Land Settlement Negotiation Trust’s post settlement governance entity for particular reserves that may be identified as significant to the beneficiaries of the Trust. THAT Council considers setting up co-governance arrangements for identified lakes and reserves with Whanganui Land Settlement Negotiation Trust’s post settlement governance entity.
To be considered during land settlement discussions. To be considered during land settlement discussions. To be considered during land settlement discussions. To be considered during land settlement discussions.
10
55
10
10
7 10. Whanganui District Councils’ Forestry Joint Committee Report
THAT the following resolutions of the Whanganui District Councils’ Forestry Joint Committee’s meeting held on 3 December 2018 are endorsed: Item 1: Minutes of Previous Meeting – 30 July 2018
THAT the minutes of the Whanganui District Councils’ Forestry Joint Committee meeting held on 30 July 2018 are confirmed.
Item 2: Draft Financial report to 23 November 2018
THAT the draft financial report be received.
Item 3: Operational Report 1 July 2018 to 30 November 2018
THAT the information be noted. Item 4: Proposed Settlement and Disestablishment of the Whanganui
Rowan McGregor/ Mike Fermor
75
37
Confirmed Minutes Council Meeting 12 March 2019
District Councils’ Forestry Joint Committee
THAT Whanganui District Council purchases the interests of South Taranaki and Ruapehu District Councils in the trees at Nukumaru and Waitahinga Forests at current market value.
THAT the cash proceeds and carbon credits of the Joint Forestry Venture be divided between the three councils in accordance with their shareholdings set out in the Heads of Agreement.
THAT the proceeds, subject to a temporary retention of $100,000, and the carbon credits be disbursed as soon as the recommendations of the Joint Committee are adopted by the three member Councils.
THAT the Joint Venture Forestry operation as set out in the Heads of Agreement be brought to a close effective 28 February 2019.
THAT the Whanganui District Councils’ Forestry Joint Committee be disestablished effective 28 February 2019.
Item 5: Actions Arising from the Previous Minutes.
THAT the information be noted. Item 6: General Business.
8 Council meeting 12 February 2019 Public Forum
THAT Mosston School’s concern on traffic management, lack of cycleways at Mosston Road/Springvale Road/Tayforth Road is referred to the Infrastructure Committee.
Brent Holmes Initial field visit undertaken by Officer at school peak time to witness activity including discussion with school patrol and Police safety liaison Officer. Item to be tabled for further discussion at Infrastructure Committee.
100
9 4. Plan Change 57 – Land Stability
THAT after having particular regard to the Section 32 Evaluation Report
Victoria Edmonds 60
38
Confirmed Minutes Council Meeting 12 March 2019
Assessment Area Stage 4
– Plan Change 57 Land Stability Assessment Area Stage 4, the plan change is approved for public notification in accordance with the First Schedule of the Resource Management Act 1991.
10 5. Council-Controlled Organisation Director Appointment and Remuneration Policy 2019
THAT Whanganui District Council adopts the Council-Controlled Organisation Director Appointment and Remuneration Policy 2019. THAT the Council-Controlled Organisations (CCOs) Governance Manual be rescinded.
Governance 100
11 6. Local Government Remits
THAT the need for any remits be determined and subsequently submitted to the Local Government New Zealand Zone Three meeting on 3-4 April 2019 for consideration.
Stephanie Macdonald-Rose A remit workshop was held with elected members on 20 February 2019.
95
12 7. Local Government New Zealand Performance Excellence Programme
THAT Whanganui District Council’s participation in the Local Government New Zealand performance excellence programme ‘CouncilMARK’ is endorsed.
Stephanie Macdonald-Rose Work is now underway on Council’s letter of commitment and intake plans.
50
13 8. Government Consultation Update
THAT Whanganui District Council adopts the submission on Local Government Funding and Financing Review.
Justin Walters 100
14 Strategy and Finance Committee’s meeting – 5 December 2018 Item 10: Business Cases for Funding – Waitangi Day and Te Ao Hou Marae
THAT Whanganui District Council approves the Te Ao Hou Marae business case and grant the sum of $15,000 for the marae community development plan.
Marama Laurenson 100
Cr Bennett left the meeting at 4.18pm.
39
Confirmed Minutes Council Meeting 12 March 2019
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan: 10.1 THAT the information is noted.
CARRIED
11. Mayor’s Report
Hamish McDouall, Mayor, reports:
Executive Summary
A monthly report highlighting the Mayor’s activity and coverage in the media between 20 December 2018 and the end of February 2019.
Meetings and engagements 2018 20 December 2018
Whanganui Tramping Club conversation – Waitahinga Dam
2019 8 January
Meeting with Whanganui & Partners Chief Executive Mark Ward
9 January
Whanganui Opera Week – Lunch Time Recital
14 January
Nagaizumi-cho Delegation – informal catch up
18 January
Burns Supper – Grand Hotel
Whanganui Vintage Weekend 2019 – Official opening function
19 January
Great Opera Moments 2019
21 January
Rotary meeting
22 January
Representation Review meeting
Policy on Determining Significance – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
40
Confirmed Minutes Council Meeting 12 March 2019
Presentation of birthday gift to John Maihi at the Sarjeant Gallery
Ratana 25th celebrations
23 January
Meeting with Midwest Ferries Limited regarding Memorandum of Understanding
Hakeke Street Library Hub opening
24 January
Meeting with citizen to authorise documents
Ratana 25th celebrations
Sarjeant Gallery Trust Board Meeting
Invitation: Sarjeant Gallery Trust Board – Celebrating the 2019 New Year
26 January
Informal dinner with Nagaizumi-cho delegation
27 January
Official powhiri for Nagaizumi-cho delegation
Official welcome dinner with Nagaizumi-cho delegation
28 January
Nagaizumi-cho delegation – Visit to Tea House
Nagaizumi-cho Mayoral delegation dinner
29 January
Nagaizumi-cho delegation – River cruise and lunch
Meeting with Nagaizumi-cho Mayor Osamu Ikeda
Nagaizumi-cho delegation – visit to Quartz Museum of Ceramics
Office of Treaty Settlements meeting with Rick Barker and Department of Conservation representatives
Nagaizumi-cho delegation - Farm visit and farewell BBQ
30 January
Trustpower Awards entry meeting with Matipo Community Development Charitable Trust
31 January
Business opportunity – meeting with Whanganui & Partners
Waste minimisation business proposal
Council Chair's briefing
Walk through of the upgraded Whanganui Regional Museum
1 February
New Zealand Masters Games VIP Function and opening ceremony
41
Confirmed Minutes Council Meeting 12 March 2019
3 February
Media call regarding Masters Games
BBQ with Nagaizumi-cho delegation
4 February
Whanganui District Council Holdings strategic session
Farewell party for Nagaizumi-cho Masters Games delegates
Whanganui District Council Holdings dinner
5 February
Regional Roading Matters teleconference
Meeting with Nga Tangata Tiaki regarding Upokongaro Bridge
Strategic Leadership Group Meeting – FLOW
Meeting with Regional Electoral Officer to discuss 2019 election
Catch up with Principal Advisor regarding Lijiang visit
7 February
Minister Iain Lees-Galloway’s refugee quota announcement launch
Digital Strategy Workshop
11 February
Youth Committee meeting – resignations and elections of co-chairs
New Zealand International Commercial Pilot Academy – Annual Report function
12 February
Executive Leadership Team monthly catch up
Council Meeting
13 February
2019 State of the Nation Report – Salvation Army breakfast
Council Workshop – Annual Plan 2019/20
Mastermind appearance for Seven Sharp (Auckland)
14 February
Regular meeting with Whanganui Iwi leaders
One Billion Rising March – Majestic Square
Safer Whanganui meeting
Meeting with Ministry of Business, Innovation and Employment representatives at Whanganui & Partners for Provincial Growth Fund trades training application
15 February
CoLab Glass Conference – Pōwhiri
Te Poho o Tuariki Opening
Conference call with Ministry of Foreign Affairs and Trade in China
Colab Glass Conference – Official Opening & Prizegiving
42
Confirmed Minutes Council Meeting 12 March 2019
18 February
Meeting with resident regarding business idea
Whanganui & Partners Chair/Management Quarterly Meeting 19 February
UCOL (Universal College of Learning) Pōwhiri
Infrastructure Committee Meeting
20 February Waste Minimisation workshop
Council workshop – LGNZ Remits
Representation Review Working Party – Poll Development
Cycle Forward launch with Arthritis New Zealand
21 February
Meeting with potential Audit and Risk Committee Chair
22 February
PopUp Business School Graduation
Massey University Executive Master of Master Administration (EMBA) Welcome –Waimarie Boat Event
23 February – 3 March 2019
Lijiang, China – sign sister city agreement
Media
15 January 2019 – The Mayor hits back at the Ratepayers Association who want a referendum on treaty negotiations. He also talks to Radio New Zealand on the same issue (17 January) 22 January – 23 January – After a person was stabbed and killed in Wicksteed Street and others were injured, Mayor Hamish spoke told the Whanganui Chronicle that the incident was a tragedy. He also spoke to Stuff, Radio New Zealand and Newshub. 26 January – Mayor Hamish, along with other mayors, spoke to Stuff about there being no clear rules for Maori heritage sites as opposed to Pakeha sites and that the Council and Heritage New Zealand should work to change this. 1 February – Mayor Hamish opens the NZ Masters Games, commending our city’s sporting facilities and paying tribute to former Town Clerk Colin Whitlock. 6 February – Mayor Hamish is quoted in the regular Sarjeant Gallery Whanganui Chronicle column about the redevelopment project ramping up for the year.
43
Confirmed Minutes Council Meeting 12 March 2019
7 February – Whanganui is announced as a refugee resettlement area by the Minister of Immigration (Whanganui Chronicle). Mayor Hamish also spoke to Newstalk ZB, Radio New Zealand and the River City Press covered the story. 8 February – Mayor Hamish spoke to the Chronicle about Whanganui’s capacity to house refugees. 9 February – Following comments by ChangeMakers Refugee Forum Board concerned about the services available in Whanganui for refugees, Mayor Hamish countered the claim by saying Whanganui does have capacity in the education and health sector to welcome newcomers. 9 February – Former Councillor Sue Westwood was recognised by Mayor Hamish and others at her funeral. 12 February – Mayor Hamish talked to the Whanganui Chronicle after protesters Phillip "Bear" Reweti and Ross Fallen disagreed on views about the refugee announcement. 13 February – Mayor Hamish (former Mastermind champion) competes against ‘the Chase’ Shaun Wallace on Seven Sharp. 21 February – the River City Press’ front page ‘sorts facts from fears’ regarding the refugee announcement. 26 February – Mayor Hamish quoted in Whanganui Chronicle about the sister city relationship with Lijiang, China. 26 February – Mayor Hamish pays tribute to former Councillor Ray Stevens after his death.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Reid
11.1 THAT the information is noted.
CARRIED
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
44
Confirmed Minutes Council Meeting 12 March 2019
12. Representative Update
The following report was tabled:
Localism Symposium Report – Cr Josh Chandulal-Mackay, attended 28 February 2019
The Localism Symposium took place at the Taranaki Street Conference Centre and consisted of local government mayors, councillors, chief executives and public service representatives. Its key purpose was to launch the draft discussion document prepared by Local Government New Zealand (LGNZ) and the New Zealand Initiative calling for the devolution of decision-making powers (and the required resources) to local government.
The proposal is based on the principle of subsidiarity; the idea the decisions are best made at the nearest possible level to those most affected by them.
The Symposium was opened by LGNZ President David Cull followed by a presentation from Christchurch Mayor Lianne Dalziel on localism in the context of Christchurch, particularly post-the 2011 Canterbury Earthquakes.
Mayor Lianne spoke on many themes also reflected in the draft discussion document including how the current system disincentivises Council’s from investing in growth and resilience because of the impost on rates. Therefore, essential infrastructure to prepare for realities like climate change and tourist growth can be neglected.
Mayor Lianne also referenced international examples of localism where, in the face of President Donald Trump pulling out of the Paris Climate Accords, cities across the United States have responded by introducing their own carbon reduction initiatives to meet the targets agreed to by the Obama Administration in 2015.
Mayor Lianne spoke about the centralisation of the Canterbury Earthquake response, in particular how the community-led project for revitalising the severely damaged Central Business District was ignored in favour of a more centralised approach by government to the rebuild.
Launch of the LGNZ Localism Draft Discussion Document
The discussion document covers a number of key themes:
1. In terms of public expenditure, New Zealand is one of the most centralised countries in the OECD, with 88% of public funds being spent by central government and just 12% at a local government level.
2. The centralisation of decision-making powers results in a ‘one size fits all’ approach across significantly diverse communities.
3. Under the current system Local Government has to tolerate significant funding constraints, the main funding tool being through rates. This disincentivises local authorities from responding to significant local, national, and international issues like climate change resilience, economic growth and tourism.
45
Confirmed Minutes Council Meeting 12 March 2019
- The discussion document gives the example of Queenstown Lakes Council which must fund infrastructure to deal with 3 million tourists per annum off a rating base of 28,000 people. Interestingly, Queenstown is now considering a tourist levy to assist with escalating costs (Newshub, 07/03/2019).
- The document also notes that central government revenue is generally linked to the economic cycle e.g. GST and progressive income tax which broadly reflects an individual’s ability to pay. Rates by contrast, are not linked to a person’s ability to pay.
4. Central government has historically delegated responsibilities to local authorities without the required resourcing to carry out the additional roles. The discussion document provides a couple of examples including:
The monitoring of pool regulations.
Dog control.
The revised Sale and Supply of Alcohol legislation which enables Councils to develop local alcohol policies, without any consideration for the significant legal bills councils are required to fund in order to contest appeals from the alcohol industry.
5. Following the examples listed above, a central proposal of the discussion document is the ending of unfunded mandates. This would require central government to resource local authorities appropriately for any additional delegated responsibilities, rather than burdening the ratepayer with those costs.
- An example of this proposal in action is the Unfunded Mandates Reform Act 1995 which was passed in the United States by the Clinton Administration requiring the Federal Government to disclosed the cost of any mandates devolved to the state level and to resource them appropriately.
6. In terms of the devolution of powers to local authorities, the draft discussion document proposes that this is carried out on a contractual basis e.g. individual authorities bidding for control over appropriate services within their jurisdictions.
- Example: Wellington City Council and the provision of social housing.
During the symposium each attendee table was tasked with taking a section of the draft discussion document, reviewing it and presenting suggestions back to the conference. There are a number of discussion panels featuring representatives from local government, business leaders, economists, and journalists.
Moving Forward: LGNZ will continue to consult on localism before finalising a proposal to present to political parties for endorsement prior to the 2020 General Election.
46
Confirmed Minutes Council Meeting 12 March 2019
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Reid
12.1 THAT the information is received.
CARRIED
Minutes of Committees for Adoption / Receipt Youth Committee meeting – 11 February 2019 Yth Crs Ahimsha Saravanapavan and Mia Perkins, Youth Committee Co-Chairs, presented the minutes of the Youth Committee’s meeting held on 11 February 2019. In summary:
Yth Crs Saravanapavan and Perkins had been elected Co-Chairs of the Youth Committee at its meeting held 11 February 2019.
Resignations had been received from five Youth Councillors. With the Committee’s membership now set at 14, two new members were required. A recruitment drive had been undertaken with 13 applications received. Interviews would take place on 18 March 2019.
With the success of Vibe 2018, the Committee had decided to continue this event in 2019. From revenue raised at the 2018 event, the Committee had donated $2,500 to Youth Line. Yth Crs Leah Aiono and Haris Khan were leaders of the event’s working party. Funding applications and support from other organisations would start as soon as possible to ensure an amazing event was created.
At the invitation of Hannah Kelly, the Education and Youth Strategic Lead, four Youth Councillors had attended a panel to represent Whanganui’s youth to gain a perspective on what could be improved for youth. The Committee was asked to participate in Race Unity Day and write an extract for the River City Press about inclusiveness in Whanganui, specifically targeted towards youth. Yth Crs Zachary Anderson and Haris Khan would speak at Race Unity Day.
Yth Crs Ariana Cronshaw and Sophie Archer have been appointed to the Majestic Square Revitalisation Subcommittee to provide a youth perspective on this project.
The Youth Committee had submitted to the Council’s draft Economic Development Strategy and the draft Arts and Culture Strategy.
The Youth Committee would host the 2019 Castlecliff Beach Clean Up. Duncan Pavilion had been booked for the event to be held 13 April 2019.
‘New Aotearoa’ was the Youth Committee’s exhibition and competition to be undertaken in collaboration with Artists’ Open Studios. Entries would be accepted until 15 March 2019 with the exhibition set to open 23 March 2019 at the Whanganui Arts Society building.
The Committee’s Advertising Working Party was looking to expand its audience and was brainstorming ideas to get youth more involved in the Youth Committee. It had also been resolved to increase advertising on the Collaborative Community Events Funding. Two ideas to be followed through were a stall every few weeks at the Saturday markets to reach youth more effectively and enable youth to get to better
47
Confirmed Minutes Council Meeting 12 March 2019
know the Youth Councillors and to post mini biographies of Youth Councillors to enable the public to feel more connected with the Committee. The Council’s Communications team had expressed interest in helping and the Committee would like to work closely with them to enhance its advertising.
Council’s Resolution Proposed by Cr Duncan, seconded Cr Joblin:
THAT the minutes of the Youth Committee meeting held on 11 February 2019 are received, and the recommendations and reports contained therein, are adopted.
CARRIED
Tupoho Working Party meeting – 12 December 2018 Council’s Resolution Proposed by Cr Joblin, seconded by Cr Duncan
THAT the confirmed minutes of the Tupoho Working Party meeting held on 12 December 2018 are received.
CARRIED
Tupoho Working Party meeting – 13 February 2019 Council’s Resolution Proposed by Mayor McDouall, seconded Cr Duncan
THAT the unconfirmed minutes of the Tupoho Working Party meeting held on 13 February 2019 are received.
CARRIED
Wanganui Rural Community Board meeting – 13 February 2019 David Matthews, Chair, Wanganui Rural Community Board, presented the minutes of the Wanganui Rural Community Board’s meeting held on 13 February 2019.
Mr Matthews noted the following:
Stock theft figures had reduced as a result of security cameras.
Mr Matthews would be attending the 2019 New Zealand Community Boards’ Conference in New Plymouth In April 2019. The Board’s rural security camera initiative would be entered into the ‘Best Practice’ Awards.
Council’s Resolution Proposed by Cr Cleveland, seconded Cr Anderson
THAT the minutes of the Wanganui Rural Community Board meeting held on 13 February 2019 are received.
CARRIED
48
Confirmed Minutes Council Meeting 12 March 2019
Strategy and Finance Committee meeting – 26 February 2019
Cr Kate Joblin, Chair, Strategy and Finance Committee, presented the minutes of the Strategy and Finance Committee’s meeting held on 26 February 2019.
Cr Vinsen asked that Item 10: Welcoming Communities: Six Monthly Report, be taken separately.
Council’s Resolution Proposed by Cr Joblin, seconded Cr Duncan:
THAT excluding Item 10: Welcoming Communities: Six Monthly Report, Item 18: Actions Arising from Previous Meetings (Confidential), Item 19: Financial Commitments – Confidential and Item 20: Debtors’ Activity Report, the minutes of the Strategy and Finance Committee’s meeting held on 26 February 2019 are received, and the recommendations and reports contained therein, are adopted.
CARRIED
Item 10: Welcoming Communities: Six Monthly Report – Cr Vinsen referred to discussion raised at the meeting on the links between the Welcoming Communities programme and the announcement of Whanganui as a refugee resettlement centre. It had been noted that the two programmes were separate but intrinsically linked with one supporting the other. Cr Vinsen said from a previous report his impression had been resettlement of six to eight families per annum not every six to eight weeks. He requested previous reports be redistributed to Councillors and that this matter be put back on the agenda. Mayor McDouall advised the announcement of Whanganui as a refugee resettlement centre had been a Government decision, not a Council decision. He was happy for a report to come to the Council’s next meeting and asked that the previous information be recirculated to Councillors. ACTION: Kate Barnes
Cr Bennett rejoined the meeting at 4.30pm Council’s Resolution Proposed by Cr Joblin, seconded Cr Duncan:
THAT Item 10: Welcoming Communities: Six Monthly Report from the Strategy and Finance Committee meeting held on 26 February 2019 is received.
CARRIED
49
Confirmed Minutes Council Meeting 12 March 2019
Public Excluded Items – Motion to Exclude the Public Council’s Resolution Proposed by Cr Cleveland, seconded by Cr Bennett: THAT the public be excluded from the following parts of the proceedings of this meeting, namely:
This resolution is made in reliance on sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 (LGOIMA) and the particular interest or interests protected by section 7 of that Act, which would be prejudiced by the holding of the relevant part of the proceedings of the meeting in public are as follows:
13. Whanganui District Council Holdings Limited Report
Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). (Section 7(2)(i))
14. Representative Update continued
Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information –
General subject of each matter considered
Reason for passing this resolution in relation to each matter
Ground(s) under section 48(1) for the passing of this resolution
13. Whanganui District Council Holdings Limited Report
Good reason to withhold exists under section 7.
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
14. Representative Update continued.
Good reason to withhold exists under section 7.
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
15. Actions Arising from Previous Minutes – Confidential
Good reason to withhold exists under section7.
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
16. Chief Executive Report
Good reason to withhold exists under section 7.
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
17. Chief Executive Contract Review
Good reason to withhold exists under section 7.
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
50
Confirmed Minutes Council Meeting 12 March 2019
(i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied. (Section 7(2)(c))
15. Actions Arising from Previous Minutes – Confidential
Protect information where the making available of the information (ii) would be likely unreasonably to prejudice the commercial position of the
person who supplied or who is the subject of the information. (Section 7(2)(b))
Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). (Section 7(2)(i))
16. Chief Executive’s Report
Protect the privacy of natural persons, including that of deceased natural persons (Schedule 7(2)(a)) Protect information where the making available of the information (ii) would be likely unreasonably to prejudice the commercial position of the
person who supplied or who is the subject of the information. (Section 7(2)(b))
Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). (Section 7(2)(i))
17. Chief Executive Contract Review
Protect the privacy of natural persons, including that of deceased natural persons (Schedule 7(2)(a))
THAT Annette Main (Chair), Matt Doyle (Deputy Chair), Whanganui District Council Holdings Ltd, Phill Bedford (Chief Executive), New Zealand International Commercial Pilot Academy and Myles Fothergill (Chair), Whanganui & Partners, remain in the meeting after the public has been excluded to present Item 13: Whanganui District Council Holdings Limited Report.
CARRIED
The meeting adjourned at 4.43pm and resumed at 4.52pm.
57
Confirmed Minutes Council Meeting 12 February 2019
Motion to Reopen the Meeting to the Public
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Vinsen: THAT the meeting be reopened to the public and the preamble, discussion and resolutions associated with Item 13: Whanganui District Council Holdings Limited Report, Item 14: Representative Update continued, Item 15: Actions Arising from Previous Minutes – Confidential, Item 16: Chief Executive’s Report and Item 17: Chief Executive Contract Review remain confidential until all parties have either accepted the terms of the proposals or agreed to cease negotiations. The Mayor or Chief Executive may then release press reports on the matter.
CARRIED
The meeting closed at 6.10pm.