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Whanganui District Council Meeting 4 April 2017 Confirmed Minutes Order Minutes Paper Prayer ........................................................................................................................ 1 Apologies ................................................................................................................... 1 Declaration of Interest ............................................................................................. 1 Late Item and Additional Information....................................................................... 1 Civil Defence Update ................................................................................................ 3 Confirmation of Council Minutes 8 March 2017 .................................................... 3 Items 1. Petition for Preferred Voting System for Future Council Elections (referred to Council meeting scheduled 2 May 2017) ..................................... 4 3 2. Te Awa Tupua Whanganui River Claims Settlement (referred to Council meeting scheduled 2 May 2017) ..................................... 8 3 3. Iwi Engagement ............................................................................................... 9 3 4. Adoption of Annual Plan 2017/18 Consultation Document ............................ 18 5 5. Council Appointment ....................................................................................... 20 8 Late Item Quorum of Committees ............................................................... 8 6. Local Governance Statement (2017) Review and Adoption by Council ......... 20 11 7. Elected Members’ Remuneration – Remuneration Authority’s Response ..... 50 14 8. Legislative Update and Submissions ................................................................ 59 21 9. Welcoming Communities Pilot ........................................................................ 59 21 10. Whanganui District Councils’ Forestry Joint Committee’s Report March 2017 (referred to Council meeting scheduled 2 May 2017) .............. 64 22 11. Actions Arising from Previous Minutes ........................................................... 64 22 Minutes of Committees for Adoption Audit and Risk Committee 27 February 2017 ........................................................ 66 24 Youth Committee 27 February 2017 (referred to Council meeting scheduled 2 May 2017) ..................................... 66 24 Infrastructure and Special Projects Committee 15 March 2017............................ 66 24

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Page 1: Whanganui District Council Meeting 4 April 2017 Confirmed ... · Whanganui District Council Meeting – 4 April 2017 Confirmed Minutes ... Tuesday, 4 April 2017, in the Council Chamber,

Whanganui District Council Meeting – 4 April 2017 Confirmed Minutes

Order Minutes Paper Prayer ........................................................................................................................ 1 Apologies ................................................................................................................... 1 Declaration of Interest ............................................................................................. 1 Late Item and Additional Information ....................................................................... 1 Civil Defence Update ................................................................................................ 3 Confirmation of Council Minutes – 8 March 2017 .................................................... 3 Items

1. Petition for Preferred Voting System for Future Council Elections (referred to Council meeting scheduled 2 May 2017) ..................................... 4 3

2. Te Awa Tupua – Whanganui River Claims Settlement (referred to Council meeting scheduled 2 May 2017) ..................................... 8 3

3. Iwi Engagement ............................................................................................... 9 3 4. Adoption of Annual Plan 2017/18 Consultation Document ............................ 18 5 5. Council Appointment ....................................................................................... 20 8 Late Item – Quorum of Committees ............................................................... 8 6. Local Governance Statement (2017) Review and Adoption by Council ......... 20 11 7. Elected Members’ Remuneration – Remuneration Authority’s Response ..... 50 14 8. Legislative Update and Submissions ................................................................ 59 21 9. Welcoming Communities Pilot ........................................................................ 59 21 10. Whanganui District Councils’ Forestry Joint Committee’s Report

– March 2017 (referred to Council meeting scheduled 2 May 2017) .............. 64 22 11. Actions Arising from Previous Minutes ........................................................... 64 22 Minutes of Committees for Adoption

Audit and Risk Committee – 27 February 2017 ........................................................ 66 24 Youth Committee – 27 February 2017

(referred to Council meeting scheduled 2 May 2017) ..................................... 66 24 Infrastructure and Special Projects Committee – 15 March 2017 ............................ 66 24

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Council Meeting 4 April 2017

Motion to Exclude Public ......................................................................................... 67 25

Confidential Items

12. Whanganui District Councils’ Forestry Joint Committee’s Report – March 2017 (referred to Council meeting scheduled 2 May 2017) .............. 69 27

13. Whanganui District Council Holdings Limited Report ..................................... 69 27 14. Actions Arising from Previous Minutes

(referred to Council meeting scheduled 2 May 2017) ..................................... 69 42 15. Chief Executive Report (laying on table) ......................................................... 70 42

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Minutes of the Meeting of the Whanganui District Council held at 1.00pm on Tuesday, 4 April 2017, in the Council Chamber, Municipal Office Buildings, 101 Guyton Street, Whanganui ___________________________________________________________________ Present: Mayor Hamish McDouall (Chair), Deputy Mayor Cr Jenny Duncan,

Cr Charlie Anderson, Cr Philippa Baker-Hogan, Cr David Bennett, Cr Josh Chandulal-Mackay, Cr Murray Cleveland, Cr Helen Craig, Cr Kate Joblin, Cr Hadleigh Reid, Cr Alan Taylor, Cr Rob Vinsen and Cr Graeme Young.

In Attendance: Mr David Matthews (Chair, Wanganui Rural Community Board). Officers in Attendance: Mr Kym Fell (Chief Executive), Mr Mike Fermor (General Manager –

Finance), Ms Therese Zimmerman (Governance Services Officer). Secretary: Ms Karyn Turner (Governance Services Officer).

Prayer Cr Josh Chandulal-Mackay read the Prayer. Apologies No apologies. Declarations of Interest No declarations of interest were made. Abridged Agenda

Mayor Hamish McDouall tabled an abridged order of meeting and advised that due to the impending rainfall event, only items requiring an immediate resolution would be taken at this meeting. The remaining items would be taken at the Council’s next scheduled meeting, 2 May 2017. Mayor McDouall thanked Steve Baron and Gerrard Albert, Chair, Ngā Tāngata o Tiaki o Whanganui, for agreeing to postpone their presentations until the Council’s May 2017 meeting.

Late Item and Additional Information

Late Item – Quorum of Committees Kym Fell, Chief Executive, reports: “Preamble This item is relevant to the Quorum of Committees as determined by the Terms of

Reference as adopted by Council at its meeting held 5 December 2016 and the requirements of Standing Order 10.2.

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This item cannot be delayed as the Local Governance Statement 2017 is required to be

adopted by Council within six months after each triennial general election of members of the local authority (section 40(2) of the Local Government Act 2002).

When reviewing the draft Local Governance Statement 2017, an inconsistency between

the adopted Terms of Reference – Committee Quorum and Standing Order 10.2 was detected.

To enable the Local Governance Statement 2017 to correctly reflect the quorum of

Council’s committees Council will need to resolve whether Standing Order 10.2 should prevail or whether its intention as reflected in the Terms of References for the quorum of the committees, should be upheld by an amendment to Standing Order 10.2.

This Late Item will need to be considered under Standing Order 9.11.

9.11 Items of business not on the agenda which cannot be delayed Items not on the agenda may be brought before the meeting through a report from either the chief executive or the Chairperson.

A meeting may deal with an item of business that is not on the agenda where (a) the meeting resolves to deal with that item; and (b) the Chairperson explains at the meeting at a time when it is open to the public:

i. the reason why the item is not on the agenda; and ii. the reason why the discussion of the item cannot be delayed until a subsequent

meeting. Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson:

1. THAT the Late Item – Quorum of Committees is added to the Council’s Order Paper.

CARRIED Additional Information

Item Officer Order Paper Page

6. Local Governance Statement (2017) Review and Adoption by Council

Charlotte Almond 20

Confidential

13. Whanganui District Council Holdings Limited Report

Matt Doyle 69

15. Chief Executive’s Report – April 2017 Kym Fell 70

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Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson: THAT the additional information tabled is taken with the relevant items.

CARRIED

Civil Defence Update Tim Crowe, Emergency Manager, provided an update on the impending weather event

approaching from the Tasman Sea. The amount of rain expected over a projected period had looked risky and in preparation the monitoring centre had been opened and river levels in all surrounding catchments were being closely watched. Response teams had been warned to prepare for any eventuality. From an emergency management perspective it was better to err on the cautionary side and the message being provided was while evacuations were currently not expected, it could be anticipated that this weather would continue. The public needed to be prepared for the situation to change, particularly for those people who lived nearby waterways. Any change in the current situation would immediately be broadcast. Mr Crowe responded to Councillors’ questions.

Confirmation of Council Minutes – 8 March 2017 Cr Anderson’s apology had been recorded but he was also noted as being in attendance. Council’s Resolution Proposed by Cr Vinsen, seconded by Cr Duncan: THAT with Cr Anderson’s name removed from those present at the meeting, the minutes

of the Whanganui District Council meeting held 8 March 2017 are confirmed. CARRIED

1. Petition for Preferred Voting System for Future Council Elections Referred to Council’s meeting scheduled 2 May 2017. 2. Te Awa Tupua – Whanganui River Claims Settlement Referred to Council’s meeting scheduled 2 May 2017. 3. Iwi Engagement

Tamahau Rowe, Kaihautū, reports:

“Executive summary

This report outlines Council’s recent engagement with Iwi.

Background

Formal relationships exist between the Council and Te Rūnanga o Tupoho and Te Rūnanga o Tamaupoko, with regular hui scheduled throughout the year that focuses on all levels – political, social, economic and environmental – for the benefit of all of Whanganui.

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The following hui have been held and matters discussed. Tamaupoko Link

Wednesday, 1 March 2017, at Whanganui District Council.

x Public toilet facilities at Upokongaro and Whanganui River Road. x Roading update. x Road counting device to capture tourist numbers on the Whanganui River Road. x Atene internet connectivity. x Kaihautū Update. x Policy update for Iwi engagement. x Port Redevelopment Project. x Administrative matters. To date, only confirmed minutes of Tamaupoko Link meetings have been forwarded to the Council for receipt. Given the schedule of meetings, this has often led to dated information being provided to Council on Iwi matters or issues. Consideration was therefore given to a request for the unconfirmed minutes of Tamaupoko Link meetings to be presented to the Council to enable reporting in a timely manner. Accordingly, it was resolved: x That the unconfirmed minutes of Tamaupoko Link meetings are forwarded to its

Chair for prior approval, and then presented to a subsequent meeting of the Council for its information.

The unconfirmed minutes for the Tamaupoko Link meeting held on 1 March 2017 are attached. (Ref B) The next hui is scheduled for Wednesday, 12 April 2017, at Ruakā Marae, Rānana. Tupoho Working Party A hui of Tupoho Working Party was held on Wednesday, 22 March 2017. Minutes will be available at the Council’s next meeting on 2 May 2017. Other Engagement Engagement has been undertaken with Iwi, but is not specific to, the following matters: x Continuing engagement with Ngā Rauru on the District Plan Change 50 – Tangata

Whenua.

Next Steps

Regular engagement, and the continued development of partnerships, with Iwi is considered significant in achieving the Council’s ‘Leading Edge’ vision.”

References – Agenda Attachment

B Unconfirmed minutes for the Tamaupoko Link meeting held on 1 March 2017.

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Council’s Resolution Proposed by Cr Craig, seconded by Cr Duncan:

3.1 THAT the information is noted. CARRIED

4. Adoption of Annual Plan 2017/18 Consultation Document

Marianne Cavanagh, Senior Policy Advisor, reports: “Introduction

The purpose of this report is to approve the draft Consultation Document (CD), Supporting Information and Project Updates document and the Funding Impact Statement for the 2017/18 Annual Plan public consultation. (Ref C1, C2, C3,). Background

Amendment of the Local Government Act (LGA) has resulted in key changes for the Annual Plan process which includes the preparation of a single CD instead of a draft Annual Plan and a summary of that plan. The CD is a true ‘exception’ document – dealing with changes to year three of the 10-Year Plan, and not repeating decisions that were already made. The CD will be the basis of our discussions with the community.

Strategic context

The focus of the CD is relatively narrow and, as a result, the document is expected to be quite small. This is because the 10-Year Plan should have set the strategic direction for the next three years in detail and important decisions will have been made in that context. This CD represents key changes to year three of our 10-Year Plan 2015-25. Factors to consider

x Financial considerations

Consultation on the CD can be met from within existing budgets. We will not be sending the CD to all households as a printed document. It will be widely distributed instead (e.g. at cafes and Council facilities) and made available online. We will be printing 11,000 copies of a one page flyer that will be inserted into the Wanganui Chronicle newspaper.

x Legal compliance

All statutory requirements under the Local Government Act (LGA) have been met.

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

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x Policy implications

Not applicable. However, the CD is drawn from existing Council policies and strategies in line with the 10-Year Plan 2015-2025. x Risks

The CD is a legal requirement and formal adoption of this is necessary in order to proceed with development of the Annual Plan 2016/17. Significance

Adoption of the CD for public consultation is not a significant decision in line with our Significance and Engagement Policy.

Adoption of the final Annual Plan will be a significant decision.

Engagement

The public consultation period will run from 10 April until 10 May 2017. There are a number of engagement and communication initiatives planned:

• Facebook • Online engagement portal • Newspaper insert • Community Link • Market stall for two Saturdays over the consultation period • Council website • Workshops with partners and stakeholders as necessary. Assessment of options

Not applicable in adoption of the CD for consultation. Conclusion

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 10 April until 10 May 2017.”

References – Agenda Attachments

C1 Proposed 2017/18 Annual Plan Consultation Document C2 Supporting Information and Project Updates Document C3 Funding Impact Statement Reference C1 – C3 are published to the Council’s website http://www.whanganui.govt.nz/agendas and will be provided separately to Elected

Members

Copies are also available for perusal at Customer Services and libraries

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Discussion Ms Cavanagh tabled an amended copy of the draft consultation document and outlined

minor updates made to wording since publication of the agenda. Ms Cavanagh responded to questions. Links to supporting documents were included on page 3 of the consultation document. The Annual Plan page on the Council’s website included supporting information as well as some other key documents.

Mayor McDouall’s message in the consultation document would include that the proposed 1.9% average rate increase was much lower than that proposed in the 10-Year Plan 2015-2025. Mayor McDouall said this was a good outcome and he commended all Councillors and Council staff. This was indicative of the hard work of both Councillors and Council staff and this would also be included in his message.

Cr Duncan referred to the proposed $200,000 increase in Whanganui & Partners’ budget for 2017/18 and said the Council was yet to see a work plan or strategic plan. To approve this increase, Cr Duncan believed it essential that the Council was clear about the work plan and that it was in line with the Council’s intentions. Mayor McDouall and Cr Joblin endorsed Cr Duncan’s comments.

Cr Vinsen considered this a good Annual Plan with the overall rate increase the lowest for more than 12 years and he congratulated the Chief Executive and senior managers on the work undertaken to get to this figure. He was however critical of the content of the consultation document and believed it should include all significant matters such as the remaining lifespan of the Wakefield Street bridge and the $20.00 per week increase in pensioner housing rentals. Mayor McDouall reminded Cr Vinsen that the reduced size of the consultation document was a requirement imposed on councils through legislative changes to the Local Government Act where it was prescribed what councils could consult on.

In reply to further comments on issues, such as the health of the community, that were not included in this Annual Plan, Kym Fell, Chief Executive, advised the Annual Plan was a variation to the 10-Year Plan. The 10-Year Plan was due for review in 2018 and all items mentioned could be included for consideration during that review.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Chandulal-Mackay:

4.1 THAT the draft 2017/18 Annual Plan Consultation Document, Supporting Information and Project Updates document and Funding Impact Statement are approved for public consultation subject to any necessary minor amendments.

4.2 THAT consultation on the draft 2017/18 Annual Plan be held from 10 April until 10 May 2017.

CARRIED ACTION: Marianne Cavanagh

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

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5. Council Appointments

Mayor McDouall seeks the Council’s approval for the following appointment:

x Creative Communities Assessment Committee – Mayor Hamish McDouall. Discussion It was noted that Cr Helen Craig was also a member of the Creative Communities

Assessment Committee.

Council’s Resolution Proposed by Cr Baker-Hogan, seconded by Cr Anderson:

5.1 THAT the Council approves the appointment of Mayor Hamish McDouall and Cr Helen

Craig to the Creative Communities Assessment Committee. CARRIED

Late Item – Quorum of Committees Charlotte Almond, General Manager Strategy, reports:

“Introduction The purpose of this report is to bring to the attention of Council an inconsistency between the Committee’s Terms of Reference and Standing Order 10.2, and to remedy that inconsistency. Background At its meeting of Monday 5 December 2016 Council considered the Council and Committee Terms of Reference 2016-2019. Council resolved that the quorum for its committees shall be ‘A majority of members’. Standing Order 10.2 states that ‘The quorum at a meeting of a committee is not fewer than

2 members of the committee (as determined by Council); and in the case of a committee

other than a subcommittee, must include at least 1 member of Council’ prevails over the Terms of Reference until such time that Council amends that Standing Order. Clause 27(3) of Schedule 7 of the Local Government Act 2002 states: “After the adoption of the first standing orders of the local authority, an amendment of the

standing orders or the adoption of a new set of standing orders requires, in every case, a

vote of not less than 75% of the members present.” Strategic context N/A

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

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Factors to consider x Financial considerations There are no financial considerations for consideration. x Legal compliance Standing Orders governs meeting procedure and meeting conduct. Standing Order 10.2 states:

The quorum at a meeting of a committee is not fewer than 2 members of the

committee (as determined by Council); and in the case of a committee other than a

subcommittee, must include at least 1 member of Council.

Standing Order 10.2 permits the quorum to be greater than 2 members of the committee but it does not permit any lesser number. To amend Standing Order 10.2 a vote of not less than 75% of the members present is required. x Policy implications

N/A

x Risks The risk of doing nothing? Standing Order 10.2 prevails over the Terms of Reference, therefore the intent of Council for a quorum to be a majority of members of the committee is effectively overruled. How can risks be mitigated? The inconsistency between the intent of the quorum in the committee’s Terms of Reference and Standing Order 10.2 can be mitigated either by amending Standing Order 10.2 or by amending the Terms of Reference – committee quorum. Is doing nothing (the status quo) an acceptable risk? The status quo leaves an inconsistency but legal compliance will be met if Standing Order 10.2 is followed.

Significance This Item is ‘not significant’. Engagement N/A Assessment of options Option 1: Status Quo – Standing Order 10.2 prevails over the Terms of Reference quorum.

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Option 2: Amend Standing Order 10.2 to read: The quorum at a meeting of a Council committee is a majority of members of the committee; and in the case of a committee other than a subcommittee, must include at least 1 member of Council.

Option 3: Amend the Terms of Reference by deleting the reference to a quorum being a majority of members for a Council committee. Conclusion In the review of the draft Local Governance Statement 2017 an inconsistency has been identified in respect of the Terms of Reference – committee quorum and Standing Order 10.2. Standing Order 10.2 does not reflect the intention of Council that being a quorum of a Council committee will be a majority of members of the committee. However, Standing Order 10.2 prevails over the Terms of Reference that being the quorum at a meeting of a Council committee is not fewer than 2 members of the committee. Council has three options available for consideration as detailed above.”

The meeting adjourned at 1.58pm. The meeting reconvened at 2.11pm.

Discussion Crs Craig, Chandulal-Mackay, Joblin, Vinsen and Taylor spoke in support of a quorum being

the majority of members. It was considered important for good governance that the majority of Councillors were in attendance at Committee meetings when items were being debated and voted on. A committee meeting enabled full debate, agreement to be reached and for good decision making, it was considered more than two people were required. Crs Duncan and Cleveland held contrary views, and considered it would be rare occasions when attendance reached two. Committees needed to be kept nimble and fast moving to enable recommendations to Council rather than being held up with an administrative element. Committees made recommendations, not resolutions and there was opportunity at Council meetings to propose different recommendations if considered appropriate.

Council’s Resolution Proposed by Cr Craig, seconded by Cr Chandulal-Mackay:

1. THAT Council amend Standing Order 10.2 as follows:

The quorum at a meeting of a Council committee is a majority of members of the committee; and in the case of a committee other than a subcommittee, must include at least 1 member of Council.

CARRIED ACTION: Karyn Turner

Significance of decision – In terms of the Significance and Engagement Policy 2014, the recommended decision is not significant.

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6. Local Governance Statement (2017) Review and Adoption by Council

Charlotte Almond, General Manager Strategy, reports: ‘‘Introduction The purpose of the item is to seek Council’s adoption of the revised Local Governance Statement in accordance with the Local Government Act 2002, Part 4, Section 40. Sec 40 (2) requires that the Council complies with subsection (1) within six months following a triennial general election of members of the local authority. As the triennial election was held 8 October 2016 the Council should adopt its Local Governance Statement at the Council meeting on 4 April 2017.

Background The Council reviewed and confirmed its last Local Governance Statement (LGS) at its meeting held 26 January 2016. The Local Government Act 2002, Part 4, section 40, requires the Council to have a LGS covering:

(1) A local authority must prepare and make publicly available, following the triennial general election of members, a local governance statement that includes information on:

(a) the functions, responsibilities, and activities of the local authority; and (b) any local legislation that confers powers on the local authority; and

(ba) the bylaws of the local authority, including for each bylaw, its title, a general description of it, when it was made, and, if applicable, the date of its last review under section 158 or 159; and

(c) the electoral system and the opportunity to change it; and (d) representation arrangements, including the option of establishing Maori wards

or constituencies, and the opportunity to change them; and (e) members’ roles and conduct (with specific reference to the applicable statutory

requirements and code of conduct); and (f) governance structures and processes, membership, and delegations; and (g) meeting processes (with specific reference to the applicable provisions of the

Local Government Official Information and Meetings Act 1987 and standing orders); and

(h) consultation policies; and (i) policies for liaising with, and memoranda or agreements with, Maori; and (j)* the management structure and the relationship between management and

elected members; and Further* — the Local Government Act 2002 Amendment Act 2012 Section 20

amends Local Governance Statements. After section 40(1)(j), insert:

(ja) the remuneration and employment policy, if adopted; and

(k) equal employment opportunities policy; and (l) key approved planning and policy documents and the process for their

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development and review; and (m) systems for public access to it and its elected members; and (n) processes for requests for official information.

(2) A local authority must comply with subsection (1) within six months after each triennial general election of members of the local authority.

(3) A local authority must update its Governance Statement as it considers appropriate.’

Following the October 2016 triennial election there has been a number of changes due to the Council’s Governance structure, personnel and the adoption of new Standing Orders that have required responses to the clauses above.

The document tabled (Ref D) should, therefore, be considered as a new, rather than updated, Local Governance Statement, as its purpose is to provide a clear explanation to the community of the Whanganui District Council’s governance procedures.

The draft Local Governance Statement is tabled for consideration and adoption by the Council.”

References – Agenda Attachments

D Draft Local Governance Statement (2017)

Additional information was tabled: Charlotte Almond, General Manager Strategy, further reports: “Further updates to the draft Local Governance Statement are required. The Terms of Reference for the Strategy and Finance Committee were amended by Council resolution at its meeting held 8 March 2017 as follows: Strategy and Finance Committee: Terms of Reference:

x To develop and recommend strategies, plans and policies to the Council that advance the Council’s vision and goals, and comply with the purpose of the Local Government Act

x Develop and recommend bylaws to Council x To approve draft strategies, draft plans, draft policies and draft bylaws for

consultation. (Council meeting 8 March 2017) x Develop and approve submissions to government, local authorities and other

organisations x To monitor the Council’s financial and non-financial performance against the Long-

term Plan and Annual Plan x To write off outstanding accounts no greater than $10,000 x Social and community related matters

The Terms of Reference for the Statutory Management Committee were amended by Council resolution at its meeting held 7 February 2017 as follows:

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Statutory Management Committee: Terms of Reference:

x To hear and make recommendations to the Council on changes to the District Plan pursuant to the Resource Management Act 1991.

x To hear and determine resource consent applications pursuant to the Resource Management Act 1991 to the extent authorised by the Council delegation.

x To hear and determine applications for exemption under section 12 of the Fencing and Swimming Pools Act 1997 (Revoked 7 February 2017)

x To hear and determine matters under the Dog Control Act 1996. x To hear and determine objections to urban and rural temporary road closure

objections. x To hear and make recommendations to Council on the adoption of a bylaw. x To hear and make a determination on those submissions on proposed policies except

those policies required to be adopted and consulted on under the Local Government Act in associated with the long-term plan or developed for the purpose of the Local Governance Statement.

x The Council, pursuant to clause 32(1), Schedule 7, of the Local Government Act 2002, delegates to the Statutory Management Committee its power under section 67A of the Building Act to grant a waiver or modification of section 162C(1) or (2) of the Building Act. (Council meeting 7 February 2017).

x The Council, pursuant to clause 32(1), Schedule 7, of the Local Government Act 2002, delegates to the Statutory Management Committee its power under clause 16.2 of the Whanganui District Council Streets Infrastructure Bylaw 2015 to confirm, reverse, or modify the decision or conditions made by an authorised officer. (Council meeting

7 February 2017).” Discussion Ms Almond advised the updated terms of reference for the Strategy and Finance

Committee and the Statutory Management Committee and the amendment to Standing Orders – Quorum of Committees, resolved at this meeting would need to be included in the Local Governance Statement 2017.

Mayor McDouall advised that all Councillors were members of Statutory Management

Committee. He also advised that Cr Bennett had declined his role on the Chief Executive Review Committee.

Cr Duncan queried the relevance of the wording of the ‘electoral system and the

opportunity to change it’ (page 5). Ms Almond would seek the Legal Officer’s opinion on this wording. The inclusion of the Joint Chairs and Council appointees on Tamaupoko Link and Tupoho Working Party was also agreed.

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Council’s Resolution Proposed by Cr Duncan, seconded by Cr Craig:

6.1 THAT with the agreed amendments, the Local Governance Statement 2017, is adopted. CARRIED

ACTION: Charlotte Almond

7. Elected Members’ Remuneration – Remuneration Authority’s Response

Charlotte Almond, General Manager Strategy, reports: “Introduction The Remuneration Authority (RA) establishes the remuneration for local authority elected members — councils and community boards — at the start of each election (triennium) year: 1 July. The RA consults with councils during January and April with the Determination issued being for the period from 1 July until 30 June. Following a significant revision of the Council’s governance structure with the return to Committees and the discontinuance of Portfolios at the Council’s meeting held 5 December 2016, the Council reviewed the remuneration model at its meeting held 7 February 2017. The Council discussed the workload of councillors and decided that all Councillors carried an extra workload through their commitments to the community, and that this should be reflected in each Councillor’s remuneration. The Council also discussed the re-introduction of ‘meeting fees’ and asked that the Remuneration Authority’s view on ‘meeting fees’ be requested. The workload of Councillors sitting on District Plan Hearings was raised. It was suggested that the ‘meeting fees’ for District Plan Hearings be reviewed to better reflect the time commitment. The Council resolved as follows:

x That the Council recommends to the Remuneration Authority that the Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 for Whanganui District Council be amended to recognise the new Governance structure following the 2016 Triennial Election.

x That the Council recommends to the Remuneration Authority that the following model is approved:

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

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x That a paper is brought to Council as soon as practical that explores the principle that

the base remuneration is paid with an additional meeting allowance.

x That the District Plan Review meeting allowances are reviewed. The Remuneration Authority’s Response

Council’s recommended remuneration:

On 16 February 2017 in response to the Chief Executive’s letter advising the Remuneration Authority of the Council’s recommendation, Mr Mike Kunz, Director – Office of the Remuneration Authority, advised by email as follows:

‘Many thanks for sending through Whanganui District Council’s recommendations on the proposed Council structure and remuneration.

The Remuneration Authority has considered your Council’s recommendations and has declined the remuneration structure as proposed.

They require a better understanding of the duties of the proposed Committee

Chairs and would be grateful if you would complete and return Form B –

Information about each position recommended for additional payments to us.

See http://remauthority.govt.nz/local-government/

The capped fund available for extra duties is set aside for specific positions who

take on additional council-related responsibilities (e.g: chair a committee). The

Authority does not share your Council’s view that ‘all elected members undertake extra duties through commitments to community organisations’. The Authority believes that this is an integral part of a councillor’s representation and advocacy role

See http://remauthority.govt.nz/local-government/remuneration-for-

councillors/councillor-base-role-description/

as a core component of a councillor’s role it is included in their base remuneration rate.’

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An additional meeting allowance:

Mr Mike Kunz, Director – Office of the Remuneration Authority advised by email as follows:

‘Thank you for your email of 23 February. The Authority has considered your

request whether they would agree to a ‘meeting allowance’ being paid to Councillors over and above their salary. Unfortunately, they have declined the

request.

The meetings that you have described are covered within the base role of a

councillor, particularly under the collective duties of council and participating

constructively and effectively in the good governance of the council as a whole. A

councillor’s salary reflects those responsibilities.

Additional remuneration is earmarked for those individual councillors who take on

specific extra responsibilities, such as chairing a council committee or holding a

specific portfolio.’

District Plan Review Hearings allowances:

The Remuneration Authority on its website: http://remauthority.govt.nz/local-government/process-for-approving-additional-remuneration/ advises:

‘Councils can apply for additional remuneration for district/regional plan review responsibilities. Confirmation will be required as to whether there is a finite timeframe for carrying out a review, and the years in which a significant part of that review is to be carried out must be identified. For the purposes of setting its determination, the Authority requires work on district/regional plan reviews to be expressed as an hourly or daily rate. If the funding set aside for duties relating to the district/regional plan process is not fully spent, the remainder cannot be reallocated to councillors to top up their base remuneration. However, funding for additional duties that has been approved by the Authority for the plan review process can be carried over into the following financial year. Approval for that carryover must be sought from the Authority before the end of May in the current year of funding. If the unallocated funding is not spent in the next financial year, councils may apply for outstanding amounts to be carried over into a further financial year as long as the council’s accounts reflect the carryovers. This exception allowing funding carryover for the district/regional plan review process recognises the lengthy and often intermittent nature of that process. Councillors’ work around those plans can fall unevenly across years. The Authority expects councils to consider how this work might fall when making their proposals. The Council’s Response

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Council’s recommended remuneration:

A register of Council’s appointments to committee’s and other Council and Community groups has been compiled and is attached (Ref E). Elected Members with ‘Deputy Mayor’, ‘Chair’ and/or ‘Deputy Chair’ responsibility as covered in the Remuneration Authority’s additional councillor responsibilities role description:

http://remauthority.govt.nz/local-government/remuneration-for-councillors/additional-councillor-responsibilities-role-description/ are: Elected Member Office Held Charlie Anderson Deputy Chair – Statutory Management Committee.

Deputy Chair – WDCs’ Forestry Joint Committee. Josh Chandulal-Mackay Deputy Chair – Property & Community Services Committee. Murray Cleveland Deputy Chair – Strategy & Finance Committee. Helen Craig Chair – Property & Community Services Committee.

Deputy Chair – Chief Executive Review Committee. Jenny Duncan Deputy Mayor.

Chair – Chief Executive Review Committee. Chair – Tupoho Working Party. Chair – District Plan Review. Deputy Chair – Audit & Risk Committee.

Kate Joblin Chair – Strategy & Finance Committee. Hadleigh Reid Deputy Chair – Infrastructure & Special Projects Committee. Alan Taylor Chair – Infrastructure & Special Projects Committee.

Chair – Tamaupoko Link. Deputy Chair – Statutory Management Committee.

Rob Vinsen Chair – Waste Minimisation Working Party. Chair – WDCs’ Forestry Joint Committee.

The following two tables based on three levels of additional remuneration — 1) Deputy Mayor x1; 2) Chair x4; and 3) Deputy Chair x4 — are provided for the Council’s consideration. The two tables provide options that stay within the Annual Plan budget and previous Governance structure costs. The preferred option (table), with any adjustments required, should be recommended to the Remuneration Authority.

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Whanganui District Council Elected Members - Adjustment to committee structure after RA declined original proposal.

An additional meeting allowance:

In view of the Remuneration Authority’s explanation it is recommended that an addition meeting allowance not be pursued. District Plan Review Hearings allowance:

The Remuneration Authority will consider approving additional remuneration, calculated hourly or daily, for Councillors involved in District Plan Review Hearings through a daily or hourly rate. At present the Council may pay District Plan Review Hearings Councillors $100 per day. The Council may wish to recommend an hourly rate. This could be based on the

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Resource Management Hearings allowance of $100 per hour for the Chair and $80 per hour for a member (apportioned for less than an hour). The Elected Members appointed to the District Plan Review Hearings Panel are Mayor McDouall, Cr Craig, Cr Duncan, and Cr Taylor. Legal compliance

The Remuneration Authority determines the remuneration of local government elected members, including elected members of community boards, as required by the Local Government Act 2002 Schedule 7, clause 6; and the Remuneration Authority Act 1977. Policy implications

Not applicable. Risks

Not applicable. Significance

The Council’s decision is a recommendation to the Remuneration Authority and therefore it is not significant in terms of the Significance and Engagement Policy. Engagement

The WRCB has not been consulted. The RA’s proposed base remuneration for the WRCB is based on the Board’s current structure, no additional duties remuneration is paid. If this structure changes because of a representation review the RA will recalculate. Conclusion

The Remuneration Authority has, since 2012, been developing a fairer measure for the remuneration of elected members. The RA believes that most councils’ elected members should receive more remuneration but have had to balance this with what communities can afford. The Council must accept the increase in base remuneration. The Council has discretion on how it allocates the additional duties pool. The current remuneration structure has been funded in the 2016/2017 Annual Plan. It is recommended that Table A, in view of the Council’s wish to limit costs, is recommended to the Remuneration Authority.”

References – Agenda Attachments E Council appointments

Discussion District Plan Review Hearings allowances – Some concern was expressed at the

recommended allowance of $100.00 per hour for the Chair and $80.00 per hour for members. Cr Taylor said the figure did appear excessive however to encourage people to put themselves forward to study and gain Resource Management Act certification was not an easy task and those prepared to do this needed to be better remunerated than in the

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past. Following further discussion, it was agreed that the District Plan Review Hearings allowances lay on the table until further investigation was undertaken, including what other councils throughout the country pay, and comparisons are brought back to the Council.

ACTION: Charlotte Almond Additions to Council appointments: Creative Communities Assessment Committee – Mayor

McDouall and Cr Craig. Council appointee to the Bushy Park Trust Governance Board – Cr Taylor; Council appointee to the Castlecliff Community Charitable Trust – Cr Duncan.

Referring to Elected Members’ Remuneration, Cr Bennett requested that it be recorded

that a Councillor could not take leave from the Council and not be paid. He believed this was where a meeting related payment would, to a degree, remediate a Councillor’s conscience when they wished to take leave.

Council’s Resolution Proposed by Cr Craig, seconded by Cr Joblin:

7.1 THAT it is recommended to the Remuneration Authority that the additional

remuneration as per table —

Position No. Annual

remuneration

Total cost

Cost to additional duties pool

$ $ $ Deputy Mayor 1 41,348 41,348 9,470 Chairperson 4 37,760 151,040 23,528 Deputy Chairperson 4 33,378 133,512 6,000 Councillor 3 31,878 95,634 - Total 421,534 38,998 Maximum additional duties pool 63,756 Balance of pool unallocated, available for District Plan Review meeting fees 24,758

— is approved.

7.2 THAT the Remuneration Authority’s position on an additional meeting allowance is

noted. CARRIED

Mayor McDouall recorded his vote against. ACTION: Charlotte Almond

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

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8. Legislative Update and Submissions Mayor McDouall said following circulation to Councillors, he and the Chief Executive would

sign-off the draft submission to the Ministry for the Environment on the Clean Water Consultation 2017. Mayor McDouall advised that a legislative update including other consultations being undertaken that had the potential to impact on the Council or the Whanganui District would be a standing item on the Council’s agenda.

9. Welcoming Communities Pilot

Charlotte Almond General Manager, Strategy, reports:

“Executive summary

The Ministry of Business, Innovation and Employment has invited Whanganui District Council to be one of five sites across New Zealand to participate in the Welcoming Communities pilot programme (Ref F)

Background

New Zealand’s population is diverse and while immigration provides economic benefits, if not well managed can impact negatively on social cohesion at a community level. Welcoming Communities is aimed at encouraging and supporting the receiving community to be welcoming, rather than targeting the newcomer. The initiative centres around supporting local government to take a greater role in ensuring the local community is welcoming towards migrants and refugees.

Key issues

Key components of the proposed framework are: x Partnership development x Welcoming plans x Knowledge sharing x International accreditation

Next Steps

Two phases are anticipated for the pilot; establishment and implementation.

During the establishment the pilot sites would be involved in the development and refinement of the Welcoming Communities framework and accreditation standards. This involves nominating a representative(s) to participate in a working group. It would also involve developing the sites own implementation plan. This would take place between February and June 2017. The implementation phase is planned to run between July 2017 and July 2019.’’

References – Agenda Attachment

F Letter from MBIE

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Discussion Cr Joblin believed this type of initiative should be undertaken in collaboration with the

District Heath Board who, with its overseas recruitment, had put a lot of time and energy into creating a welcoming community.

Council’s Resolution Proposed by Cr Chandulal-Mackay, seconded by Cr Craig:

9.1 THAT Whanganui District Council participates in the Welcoming Communities Pilot programme.

CARRIED ACTION: Charlotte Almond

10. Whanganui District Councils’ Forestry Joint Committee’s Report – March 2017 Referred to Council’s meeting scheduled 2 May 2017.

11. Actions Arising from Previous Minutes

No

Item Resolution Action % Completed

1 Council meeting 8 November 2016 4. Whanganui District Council Code of Conduct Review

THAT the Mayor and four appointed Members (‘the Code of Conduct Review Committee’) undertake a review of Council’s Code of Conduct. THAT the Council appoint Crs Philippa Baker-Hogan, Josh Chandulal-Mackay, Helen Craig and Jenny Duncan, to be members of the Code of Conduct Review Committee. THAT the Code of Conduct Review Committee report back to Council by 31 May 2017 with any recommended amendments to Council’s Code of Conduct.

Paul Drake A further workshop is being organised with Brendan Duffy. Date will be confirmed. .

80

100

70

2 Council Meeting 5 December 2016 3. Council and Committee Structure and Terms of Reference

THAT the effectiveness of the Committee Structure be reviewed in July 2017.

Charlotte Almond 0

3 4. 2017 Meeting Schedule

THAT with the addition of a monthly Governance meeting, the 2017 Council

Charlotte Almond 0

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

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Meeting Schedule is adopted with a review undertaken before July 2017.

4 Council meeting 7 February 2017 2. Elected Members Remuneration – Revision after Governance Restructure Following 2016 Triennial Election7

THAT the Council recommends to the Remuneration Authority Table E (Refer minutes for information) THAT a paper is brought to Council as soon as practical that explores the principle that the base remuneration is paid with an additional meeting allowance. THAT the District Plan Review meeting allowances are reviewed.

Charlotte Almond Refer to item 7 of this agenda.

100

100

100

5 Council meeting 8 March 2017 1. Petition for ‘Speed Bumpsʼ on Portal Street, Durie Hill, Whanganui

THAT the petition is received and the petitioners thanked. THAT a report with recommendations on the concerns raised in the petition is awaited from the Infrastructure and Special Projects Committee.

Louise Davies Mark Hughes Referred to Infrastructure and Special Projects Committee.

100

100

6 3. Standing Orders: Review of the Local Government New Zealand (LGNZ) Standing Orders Publication

THAT Whanganui District Council adopts the LGNZ/EquiP Standing Orders as amended, including Clauses 12.7-12.16: Attendance by audio or audio-visual link; Clause 18.3: Chairperson has a casting vote: and Clause 21.4: Option C, as the default option for speaking and moving motions and amendments at a meeting of Council and its committees. THAT Council revokes its Standing Orders NZS 9202:2003 (Incorporating Amendment No.1).

Paul Drake Paul Drake

100

100

7 4. Delegation – Infringement Notice Waiver

THAT Council delegates to the position of Chief Executive, the authority to waiver an infringement notice. THAT the delegation dated 22 May 2006; Parking Infringement Fees – Waiving, be revoked.

Charlotte Almond 100

8 Strategy and Finance Committee meeting – 28 February 2017

THAT the Council approves the proposed Draft Local Alcohol Policy Research Report, Draft Local Alcohol Policy Statement of Proposal, together with the Proposed Draft Local Alcohol Policy for public consultation, and under the special consultative procedure.

Marianne Cavanagh 100

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Discussion Action 5: Petition for ‘Speed Bumpsʼ on Portal Street, Durie Hill, Whanganui – Mr

Matthews, Chair, Wanganui Rural Community Board, requested that this matter come to the Rural Community Board before a decision was made.

ACTION: Mark Hughes

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Craig: 11.1 THAT the information is noted.

CARRIED

Minutes of Committees for Adoption

Audit and Risk Committee Minutes – 27 February 2017 Council’s Resolution Proposed by Cr Bennett, seconded by Cr Craig:

THAT the minutes of the Audit and Risk Committee held on 27 February 2017 are received, and the recommendations and reports contained therein, are adopted.

CARRIED Youth Committee Minutes – 27 February 2017

Referred to Council’s meeting scheduled 2 May 2017.

Infrastructure and Special Projects Committee – 15 March 2017 Council’s Resolution Proposed by Cr Taylor, seconded by Cr Reid:

THAT the minutes of the Infrastructure and Special Projects Committee held on 15 March 2017 are received, and the recommendations and reports contained therein, are adopted.

CARRIED

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

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Public Excluded Items – Motion to Exclude the Public Proposed by Mayor McDouall, seconded by Cr Vinsen:

THAT the public be excluded from the following parts of the proceedings of this meeting:

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 LGOIMA and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as follows:

Council Meeting 4 April 2017

12. Whanganui District Councils’ Forestry Joint Committee’s Report – March 2017 Referred to Council’s meeting

scheduled 2 May 2017

Commercial. Section 7(2)(i)

13. Whanganui District Council Holdings Limited Report

Commercial. Section 7(2)(b)(ii) and Section 7(2)(i)

14. Actions Arising from Previous Minutes – Confidential Referred to Council’s meeting

scheduled 2 May 2017

Commercial. Section 7(2)(b)(ii) and Section 7(2)(i)

Meeting Item No General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

Council Meeting 4 April 2017

12. Whanganui District Councils’ Forestry Joint Committee’s Report – March 2017 Referred to Council’s

meeting scheduled 2 May

2017

Commercial. Good reason to withhold exists under section 7.

Section 48(1)(a)

13. Whanganui District Council Holdings Limited Report

Commercial. Good reason to withhold exists under section 7.

Section 48(1)(a)

14. Actions Arising from Previous Minutes – Confidential Referred to Council’s

meeting scheduled 2 May

2017

Commercial. Good reason to withhold exists under section 7.

Section 48(1)(a)

15. Chief Executive’s Report

Commercial and staff matters.

Good reason to withhold exists under section 7.

Section 48(1)(a)

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15. Chief Executive’s Report

Protection of privacy of natural persons and commercial and industrial negotiations.

Section 7(2)(a), Section 7(2)(b)(ii) and Section 7(2)(i)

CARRIED The meeting adjourned at 3.02pm. The meeting reconvened at 3.05pm.

Council Resolution Proposed by Mayor McDouall, seconded by Cr Bennett:

THAT Matthew Doyle, Chair, Whanganui District Council Holdings Ltd, and Bill McDonald, Vapour Ltd, Lead Consultant Port Revitalisation, remain in the meeting after the public has been excluded to present Item 13: Whanganui District Council Holdings Ltd Report.

CARRIED

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Motion to Reopen the Meeting to the Public Proposed by Mayor McDouall, seconded by Cr Duncan: THAT the meeting be reopened to the public and the preamble, discussion and resolutions associated with Item 11: Whanganui District Council Holdings Limited Report, 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 adjourned at 4.01pm.