NAPIER CITY COUNCIL

                                                                                                                                                                                              Civic Building

231 Hastings Street, Napier

Phone:  (06) 835 7579

www.napier.govt.nz

 

 

 

Triennial Council Meeting 2016

Open Agenda

 

Meeting Date:

Wednesday 2 November 2016

Time:

5.30pm

Venue:

Century Theatre
MTG
Herschell Street
Napier

 

 

Council Members

The Mayor, Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright.

Officer Responsible

Chief Executive, Wayne  Jack

Administrator

Jane McLoughlin, Team Leader Governance

 

 

 

 

 

 

Proposed next Council Meeting

Wednesday 14 December 2016


Triennial Council Meeting02 November 2016 Open Agenda

ORDER OF BUSINESS

1.    CHIEF EXECUTIVE WELCOME

2.    Apologies

Nil

3.    CONFLICTS OF INTEREST

4.    Declaration of the Election Results                                         

5.    Declaration of Mayor Elect   

6.    Declarations of the Councillors Elect       

7.    Acknowledgement of Retiring Councillors

8.    Mayor’s Opening speech

9.    Appointment of Deputy Mayor

10.  General Explanation of Legislation Affecting Members 

11.  Fixing of the date and time of the first meeting 

12.  Committee Structure, Chairpersons and Membership        

 

 

 

 

LOCAL GOVERNMENT ACT 2002

The Council resolves, in terms of Section 82 (3) of the Local Government Act 2002, that the principles set out in that section have been observed in such manner that the Napier City Council consider, in its discretion, is appropriate to make decisions on the recommendations set out in this agenda (including the Public Excluded section).

   


Triennial Council Meeting02 November 2016 Open Agenda

New Reports

4.      Declaration of the Election Results

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

322861

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

4.1     Purpose of Report

To receive the declaration of the Electoral Officer of the 2016 Triennial Election results.

 

Officer’s Recommendation

a.       Council receive the Declaration of Result issued by the Electoral Officer, dated 13 October 2016, of the Napier City Council 2016 Triennial Election.

 

CHAIRPERSON’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

4.2     Background Summary

 

The Triennial Election was held on 8 October 2016.  The declaration of result was issued on 13 October 2016.

 

Voter return was 43.85%. 

 

 

 

4.3     Attachments

a       Declaration of Results  

 


Triennial Council Meeting02 November 2016 Open Agenda


 


Triennial Council Meeting 02 November 2016 Open Agenda

5.      Declaration of Mayor Elect

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

322718

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

5.1     Purpose of Report

To outline the required process for receiving the declaration of the Mayor elect following the 2016 Triennial Election.

 

 

Officer’s Recommendation

a.       The Mayor elect makes his oral declaration and attests his written declaration at the Triennial Council meeting on 2 November 2016, in accordance with the requirements set out in Schedule 7, Clause 14, of the Local Government Act 2002.

 

 

CHAIRPERSON’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

5.2     Background Summary

The Local Government Act 2002 sets out the process for chairing the Triennial Council meeting and making and attesting the declarations of elected members.  The relevant legislation is outlined below:

 

The chief executive … must chair the meeting until the mayor has made

and attested the declaration required under clause 14. 

                                           Schedule 7, Clause 21, (4), Local Government Act 2002

 

A person may not act as a member of a local authority until –

 

(a)  that person has, at a meeting of the local authority following the election of that person, made an oral declaration in the form set out in subclause (3); and

 

(b)  a written version of the declaration has been attested as provided under subclause (2).

Schedule 7, Clause 14, (1)

 

     The written declaration must be signed by the member and witnessed by –

(d) the chief executive of the local authority.

                                                               Schedule 7, Clause 14, (2)

 

 

5.3     Attachments

a       Declaration of Mayor

   


Triennial Council Meeting02 November 2016 Open Agenda


Triennial Council Meeting02 November 2016 Open Agenda

6.      Declarations of the Councillors Elect

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

322737

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

6.1     Purpose of Report

To outline the required process for receiving the declaration of the Councillors elect following the 2016 Triennial Election. 

 

Officer’s Recommendation

a.       The Councillors elect make an oral declaration and attest a written declaration at the Triennial Council meeting on 2 November 2016, in accordance with the requirements set out in Schedule 7, Clause 14, of the Local Government Act 2002.

 

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

6.2     Background Summary

The Local Government Act 2002 sets out the process for making and attesting the declarations of elected members.  The relevant legislation is outlined below:

 

A person may not act as a member of a local authority until –

 

(a)  that person has, at a meeting of the local authority following the election of that person, made an oral declaration in the form set out in subclause (3); and

 

(b)  a written version of the declaration has been attested as provided under subclause (2).

Schedule 7, Clause 14, (1)

 

(2) The written declaration must be signed by the member and witnessed by –

(b) the mayor of the local authority.

                                                               Schedule 7, Clause 14, (2)

 

 

         

 

 

6.3     Attachments

a       Declarations of Councillors

  


Triennial Council Meeting02 November 2016 Open Agenda


Triennial Council Meeting 02 November 2016 Open Agenda

7.      Acknowledgement of Retiring Councillors

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

323163

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

7.1     Purpose of Report

To acknowledge the service of retiring Councillors. 

 

Officer’s Recommendation

a.       Note its sincere thanks to the retiring Councillors of the 2013-16 triennium for their service including Mark Hamilton, Mark Herbert, Michelle Pyke, and Roy Sye. 

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

7.2     Background Summary

The Council sincerely thanks the retiring Councillors of the 2013-16 triennium for their loyal and conscientious service given to Napier City. 

 

Mark Hamilton – 2013-16 (1 term)

 

Mark Herbert – 1998-2016 (6 terms)

 

Michelle Pyke – 2010-16 (2 terms)

 

Roy Sye – 2013-16 (1 term).

 

 

7.3     Attachments

Nil


Triennial Council Meeting02 November 2016 Open Agenda

9.      Appointment of Deputy Mayor

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

322740

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

9.1     Purpose of Report

To outline the process adopted for appointment of Deputy Mayor.

 

Officer’s Recommendation

a.       Council notes the Mayor has chosen to utilise his power under Section 41A, Local Government Act 2002 to appoint the Deputy Mayor.

b.       Council notes that the Mayor has selected Councillor Faye White to be appointed as Deputy Mayor of Napier City Council for the 2016-19 triennium.

c.       Council supports the decision of the Mayor to appoint Councillor Faye White as Deputy Mayor for the 2016-19 triennium.

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

9.2     Background Summary

The Local Government Act 2002 empowers the Mayor to appoint a deputy mayor.

                                           Local Government Act 2002, Section 41A, (3a).

 

The Mayor has selected Councillor Faye White to be appointed as Deputy Mayor.

 

The following extracts relate to the functions of the deputy mayor.

 

(2) The deputy mayor must perform all the responsibilities and duties, and

may exercise all the powers of the mayor –

 

(a) with the consent of the mayor, at any time during the temporary

absence of the mayor

 

(b) without that consent, at any time while the mayor is prevented by

illness or other cause from performing the responsibilities and duties, or exercising the powers, of his or her office;

(c) while there is a vacancy in the office of the mayor.

 

(3) In the absence of proof to the contrary, a deputy mayor acting as mayor

is presumed to have the authority to do so.

 

(4) A deputy mayor continues to hold his or her office as deputy mayor, so

long as he or she continues to be a member of the territorial authority,

until the election of his or her successor.

              Local Government Act 2002, Section 17 (2-5). 

9.3     Attachments

Nil


Triennial Council Meeting02 November 2016 Open Agenda

10.    General Explanation of Legislation Affecting Members

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

322820

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

10.1   Purpose of Report

To provide a general explanation of legislation as mandated in Schedule 7, Clause 21 (c), of the Local Government Act 2002. 

 

Officer’s Recommendation

a.       Council receive the report titled General Explanation of Legislation Affecting Members. 

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

10.2   Background Summary

Chief Executives are required to speak to Councillors at the beginning of each new term about the law that prescribes each member’s legal responsibility to the Council corporate body and the community.  This briefing on their obligations must be done in a public form for accountability purposes.

 

A copy of all legislation is available on request.  Information relating to specific requirements of this legislation is circulated to Councillors from time to time.  Its importance to each member is noted.

 

The Chief Executive will also arrange for a more detailed briefing for Councillors.  These include, but are not limited to, the following:

 

Local Government Official Information and Meetings Act 1987

 

   Council information is related to a public authority and therefore must be available for public perusal unless specific reasons can be given for keeping it confidential.

 

   Specific procedures are available under the Act including appeal to the Ombudsman regarding availability of information.

 

   All meetings of the Council must be publicly notified.

 

   All meetings at which resolutions, decisions or recommendations are made must meet several requirements including notification, access for the public and press, agendas, minutes and provision of reasons for any matter that is considered with the public excluded.

 

 

Local Authorities (Members’ Interests) Act 1968

 

   This Act limits Councillors being involved in making Council decisions relating to Contracts in which they have a pecuniary interest.

 

   Purpose of this Act is to ensure that Councillors are seen to separate their own personal financial interests from the business of Council.

 

   This Act contains penalties for offences that include automatic disqualification from office.

 

Sections 99, 105 and 105a of the Crimes Act 1961

 

   This Act defines a member of any Council as an Official.

 

   The Sections referred to prohibit all acts related to bribery of Officials.

 

   The penalties related to offences under this Act are prescribed and include imprisonment up to 7 years.

 

The Secret Commissions Act 1910

 

   This Act covers the matters of corruption, gifts or considerations to members or their family as inducements or rewards.

 

   The acceptance of gifts is an offence.

   It also covers matters of receipts, invoices and accounts presented to the Council by any member.

 

   The penalties related to offences under this Act are prescribed and include fine and imprisonment up to 2 years.

 

The Financial Markets Conduct Act 2013

 

   The Financial Markets Conduct Act 2013 essentially places elected members in the same position as company directors whenever the Council offers financial products (such as an issue of debt or equity securities).

 

   Elected members may be personally liable if:

 

o    documents that are registered under the Act, such as a product disclosure statement, contain false or misleading statements

o    requirements of the Act are not met in relation to offers of financial products.

 

The Public Record Act 2005

 

   This Act provides a framework to keep central and local government organisations accountable by ensuring records are full and accurate, well maintained and accessible. It also provides a framework within which local authorities create and maintain their records and has a role in enhancing public confidence in the integrity of local authority records.

 

   The definition of a record includes information, whether in its original form or otherwise, and is not limited to just written information.  The definition also includes (but is not limited to) a signature, a seal, text, images, sound, speech, or data in any medium and recorded or stored by any electronic device or process.

 

   In the conduct of their affairs elected members may receive information directly, for example from constituents. Members will need to consider whether that information meets the definition of a local authority record and if so will need to ensure it is included in the Council’s records.

 

Health and Safety at Work Act 2015

 

   On 4 April 2016, the Health and Safety at Work Act 2015 came into force. The HSWA provides a significant change to New Zealand’s current health and safety legislation.

 

   The Act allocates duties to those people who are in the best position to control risks to health and safety as appropriate to their role in the workplace, and for the person conducting a business or undertaking (PCBU) (i.e. the Council) to ensure, as far as is reasonably practicable, the safety of workers and others who may be impacted by the work the business undertakes.

 

   One of the significant changes is the introduction of “Officers”, who is any person occupying a position in relation to the business or undertaking, that allows the person to exercise significant influence over the management of the business or undertaking.

 

   For the purposes of the HSWA, elected Council members, (which include the Mayor and Councillor) and the Chief Executive are by default identified as “Officers”.

 

   Officers have obligations of due diligence, which are:

(a)    to acquire, and keep up-to-date, knowledge of work health and safety matters; and

(b)    to gain an understanding of the nature of the operations of the business or undertaking of the PCBU, and generally of the hazards and risks associated with those operations; and

(c)    to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and

(d)    to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and

(e)    to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and

(f)     to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

   The duties of the Officers and of the PCBU are independent of each other.  This means if a PCBU has failed to meet its duty but the Officers exercised due diligence then they would not be personally liable for the health and safety failings.

 

If Councillors have any doubts during their term of office on any of the matters raised today please discuss them with the Chief Executive as soon as they arise. 

 

 

10.3   Attachments

Nil


Triennial Council Meeting 02 November 2016 Open Agenda

11.    Fixing of the date and time of the first meeting

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

322877

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

11.1   Purpose of Report

To fix the date and time of the first ordinary meeting of the Napier City Council as per mandated in Schedule 7, Section 21 (5) (d), Local Government Act 2002.

 

Officer’s Recommendation

a.       The report Fixing of the Date and Time of the First Meeting be received.

b.       The first meeting of the Napier City Council for the 2016-19 triennium to be held on Wednesday 14 December 2016, commencing at 3pm, in the Council Committee Room, Civic Building, Hastings Street, Napier.

c.       A schedule of meetings for 2017 will be tabled at the first meeting of the Napier City Council on 14 December 2016.

 

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

         

 

 

11.2   Attachments

Nil


Triennial Council Meeting 02 November 2016 Open Agenda

12.    Committee Structure, Chairpersons and Membership

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

322991

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

12.1   Purpose of Report

To outline the proposed committee structure and appointments to committees and external organisations.

 

Officer’s Recommendation

a.       The decision of His Worship the Mayor in respect of the establishment of Committees for the Napier City Council for the 2016-19 triennium as outlined in attachment A be received.

b.       The decision of His Worship the Mayor in respect of the appointment of Chairpersons of committees for the Napier City Council for the 2016-19 triennium, as outlined in attachment A be received.

c.       The recommendations of His Worship the Mayor in respect of the appointments of Deputy Chairpersons of committees for the Napier City Council for the 2016-19 triennium, as outlined in attachment A be adopted.

d.       The recommendations of His Worship the Mayor in respect of the appointments of elected members to outside organisations for the
2016-19 triennium, as outlined in attachment A be adopted.

e.       The formal terms of reference and delegations on which the structure for the Napier City Council for the 2016-19 triennium will be based will be considered at the first meeting of Council on 14 December 2016.

f.       The 2013-16 Delegations as outlined in the Napier City Council Committee Structure and Membership 2013-16, will continue until further delegations are considered. 

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

12.2   Background Summary

 

At the end of a general election of members, a committee, subcommittee, or other subordinate decision-making body is deemed to be discharged following the triennial general election unless determined otherwise. 

 

Section 41A of the Local Government Act 2002 enables the Mayor to: establish committees of Napier City Council and appoint chairpersons to those committees.  After discussions with each councillor, the Mayor has established the following governance structure for the 2016-19 triennium.  More detail is outlined in Attachment A.  

 

Key changes have been made to make the committee structure more efficient and effective, as well as to make best use of councillor’s expertise. After reviewing the 2013-16 committee structure, the following changes have been made:

   the number of committees has been streamlined

   an addition of a Deputy Chair layer in order to provide opportunities for learning and development of Councillors.

 

Standing Committee - committees of the whole:

 

-     Strategy and infrastructure

-     Finance

-     Community Services

-     Regulatory

 

Standing Committee:

 

-     Maori Consultative

 

              Sub-Committees

 

-     Arts Advisory Panel

-     Grants

 

   Special Committees, with some membership to be confirmed:

 

-     Hearings

-     Audit and Risk

-     Chief Executive Performance

-     Emergency

-     Creative Communities NZ Assessment

 

Forums

 

-     Mayor’s Taskforce for jobs

 

Next steps

 

The delegations for the new Committee Structure will now be developed by staff for consideration at the December Council meeting. 

 

The December council meeting will also consider any memberships that have yet to be confirmed including appointments to external organisations.

 


 

 

 

 

12.3   Attachments

a       Committee Structure and Appointments

   


Triennial Council Meeting 02 November 2016 Open Agenda

Napier City Council – Committee Structure and Appointments, 2016-19

 

This paper provides a broad overview of the governance and decision-making structure for the 2016-19 triennium.  In particular, it outlines the appointments of elected members.  A more detailed terms of reference and delegation register will be considered by Council at a future meeting.  Until the detailed terms of reference and delegation register is complete, the 2013-16 Committee Delegations will apply as outlined in the Napier City Council Committee Structure and Membership 2013-16.

 

Committees of Council - Standing Committees

 

Chair

Deputy Chair

Membership

Strategy and Infrastructure

Councillor Price

Councillor Brosnan

Committee of a whole (all Elected Members)

Finance

Councillor Wise

Councillor Hague

Committee of a whole (all Elected Members)

Community Services

Councillor White

Councillor Wright

Committee of a whole (all Elected Members)

Regulatory

Councillor Jeffrey

Councillor Taylor

Committee of a whole (all Elected Members)

Maori consultative committee

TBC

N/A

TBC

 

Council Committees – Special Committees

 

Chair

Deputy Chair

Membership

Hearings

Councillor Jeffrey

Councillor Taylor

Councillors: Jeffrey; Taylor; Brosnan; White; Wise; Wright

Audit and Risk

External appointee

N/A

Councillors Wise and Hague

Chief Executive Contract

Mayor

Deputy Mayor

Councillor Jeffrey. 

Emergency

Mayor/Deputy Mayor/Committee Chairs

N/A

Committee of a whole (all Elected members)

Creative Communities NZ Assessment

To be elected by this Sub-committee

N/A

Councillors Boag and Tapine

Also contains 3 community representatives and 1 rep from the Arts Advisory Panel.

 

Council Committees - Sub-committee

 

Chair

Deputy Chair

Membership

Grants

Councillor Boag

N/A

 

Councillor Tapine.  Also contains community representatives.

Arts Advisory Panel

Councillor Wright

N/A

Councillor Wright.

 

Special Forum

 

Chair

Deputy Chair

Membership

Mayor’s Taskforce for Jobs

Councillor McGrath

N/A

Councillor McGrath

 

 


 

 

Elected Member appointments to Council-Controlled Organisations, Council Organisations, Joint Committees, other external committees and organisations and project working groups. 

 

Council-Controlled Organisations

 

Council Representative

Hawke’s Bay Airport

N/A

Hawke’s Bay Local Authority Shared Services Limited (HB LASS)

N/A

Hawke’s Bay Museums Trust

Councillor White

 

Council Organisations

 

Council Representative

HB Regional Stadium 

N/A

Positive Ageing Trust

Councillor Boag (Chair)

Napier City Marketing

Councillor White

 

Joint Council Committees

 

Council Representative

Hawke’s Bay Regional Transport Committee

Councillor Price (alternative rep is the Mayor)

Heretaunga Plains Urban Development Strategy Implementation Working Party (HPUDS)

Mayor; Councillor Jeffrey

Joint Council Local Alcohol Policy Group

Councillor White

Omarunui Joint Refuse Landfill Committee

Councillors Dallimore and Tapine

Joint Committee Waste Futures Project Steering Committee

Councillors Dallimore and Tapine

Civil Defence Emergency Management Joint Committee

Mayor; (alternative rep is Councillor Taylor)

Coastal Hazards Strategy Joint Committee

Councillors Dallimore and Jeffrey

HB Crematorium Committee

Councillors McGrath and Taylor

 

Council Project Working Groups

 

Council Representative

Aquarium redevelopment committee

Councillors Price, White, Wise

Aquatic facilities working group

Councillors McGrath, Price, Taylor

Multi-use sports facility steering group

Councillors Price, Taylor, White

 

External meetings attended by Council members as representatives of the Council

 

Council Representative

Ahuriri Business Association Inc

Councillor White

Art Deco Trust

Councillor Wright

Creative Arts Napier Inc.

Councillor Wright

Earthquake Survivors Afternoon Tea Organising Committee

Councillors White and Wise

HB Holt Planetarium Trust

Councillor Brosnan

HB Medical Research Foundation

Councillor Wise

HB Sports Council

Councillor Price

Health Advocacy Trust

Councillor McGrath

Historic Places Trust

Councillor Brosnan

IWays Shared Paths

Councillor Price

Keep Napier Beautiful

Chair, Councillor Maxine Boag

LIFT HB Governance Group

Mayor

Local Alcohol Committee

Councillor Price

Napier Business Association

Councillor White

Napier Civic Field of Remembrance Committee (RSA)

Councillor Wise

Napier Disability Advisory Group

Chair, Councillor Maxine Boag

Neighbourhood Support Trust

Councillor Brosnan

Port Noise Liaison Committee

Councillors Hague, McGrath

Pukemokimoki Marae Trust

Councillor Hague

Regional Cycling Project Delivery Group including Cycling Project Delivery Group

Councillor Taylor

Rotary Pathways Trust

Councillor Hague

Taradale Marketing Association

Councillor Wright