NAPIER CITY COUNCIL

Civic Building

231 Hastings Street, Napier

Phone:  (06) 835 7579

www.napier.govt.nz

 

 

 

Ordinary Meeting of Council

 

Open

Agenda

 

Meeting Date:	Wednesday 14 December 2016
Time:	3.00pm
Venue:	Main Committee Room 3rd floor Civic Building 231 Hastings 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	Team Leader Governance

 

Next Council Meeting, 3pm, 22 February 2017

 

ORDER OF BUSINESS

Apologies

Nil

CONFLICTS OF INTEREST

Public forum

Announcements by the Mayor

Announcements by the Management

Confirmation of Minutes

That the Draft Minutes of the Extraordinary Meeting of Council held on Wednesday, 2 November 2016 be confirmed as a true and accurate record of the meeting (page 63 refers).

 

RECONVENING OF THE EXTRAORDINARY COUNCIL MEETING HELD ON 24 NOVEMBER 2016

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).

New Reports

1       Standing Orders.................................................................................. 4

2       Code of Conduct for Elected Members................................................... 6

3       2016-19 Triennium Meeting Schedule................................................... 7

4       Governance Structure........................................................................ 12

5       Watchman Road Project - NZTA Lease Concession and Unison Easement Concession ...................................................................................... 14

6       Prebensen Drive Road Stopping.......................................................... 22

7       Quarterly Report for September 2016.................................................. 27  

Reports / Recommendations from the Standing Committees

Reports from Finance Committee held 29 November 2016

Declaration of remaining Councillor Elect………………………………………………..33

1       Easter Sunday Trading Policy.............................................................. 34

2       Marine Parade Redevelopment Costs................................................... 36

3       Napier Conference Centre - Cost Update.............................................. 37

4       Mountain Bike Enhancement Proposal................................................. 38

5       Final Shade Policy.............................................................................. 39

6       Rating Outturn Surplus 2015-16......................................................... 40

7       MTG Hawke's Bay School Education Fees and Charges........................... 41

8       Relocation of Loading Zone, Tennyson Street....................................... 42

9       Pukemokimoki Marae Project Completion ........................................... 43

10     Creative Communities Scheme September 2016................................... 44

11     Hawke's Bay Airport Limited Annual Report for Financial Year ending 30 June 2016............................................................................................... 45

Reports from Audit and Risk Committee held 1 December 2016

1       Audit and Risk Charter Review............................................................ 46

2       Audit and Risk Meeting Schedule 2016-17........................................... 47

Reports Under Delegated Authority

1       Requests for Official Information........................................................ 48

2       Liquor Licenses ................................................................................ 52

3       Tenders Let ..................................................................................... 55

4       Schedule of Documents Under Seal .................................................... 56

5       Resource Consent ............................................................................ 58

Public Excluded .................................................................................... 59

MINUTES……………………………………………………………………………………….. 63

1.     Standing Orders

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	330407
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

1.1   Purpose of Report

To provide a new set of standing orders for Council to adopt.  The standing orders are based on the best practice model provided by Local Government New Zealand and provide good governance for the conduct of meetings. 

 

Officer’s Recommendation a.     That Council approve and adopt the new standing orders, dated 14 December 2016, as outlined in Attachment A.

 

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

1.2   Background Summary

Standing orders provide a framework of rules for making decisions that gives effect to principles of openness, transparency, and fairness in public decision-making. 

 

All Council’s must adopt a set of standing orders for the conduct of its meetings and those of its committees.  The standing orders must not contravene the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other act.

 

Napier City Council has a current set of standing orders based on the Model Standing Orders for Meetings of Local Authorities and Community Boards (NZS 9202:2003, which were adopted in December 2013 and last amended on 8 May 2015.

 

Local Government New Zealand have developed a new set of model standing orders in order to incorporate legislative changes made since 2002 and to improve the structure and readability of the document. 

 

Officials have also sought legal review of the standing orders. A reference in the standing orders has also been made to Napier City Council’s governance principle of double debate. 

 

The adoption of a new set of standing orders requires a vote of not less than 75% of the members present (Local Government Act 2002, Schedule 7, 27 (3).

 

 

1.3   Attachments

a     Standing Orders (Under Separate Cover) ⇨   

2.     Code of Conduct for Elected Members

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	330408
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

2.1   Purpose of Report

To provide an updated code of conduct for elected members based on the best practice model provided by Local Government New Zealand.

 

Officer’s Recommendation a.     That the code of conduct for elected members, dated 14 December 2016, as outlined in Attachment A, be adopted by Council.

 

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

2.2   Background Summary

Process

 

The Local Government Act 2002 made the adoption of a code of conduct mandatory.  Napier City Council adopted a code of conduct for elected members on 6 November 2013. 

 

As outlined in the Local Government Act 2002, a code of conduct can only be substituted by a replacement Code by a vote of at least 75 per cent of members present a meeting where the Code is being considered. 

 

Best practice model

 

Local Government New Zealand have developed a new model code of conduct which aims to provide a best practice model for strengthening governance culture.

 

This new code of conduct has been designed to incorporate recent legislative change, new approaches to good governance, and provide better advice for councils having to deal with alleged breaches.  It also aims to promote an inclusive and positive governance culture. 

 

2.3   Attachments

a     Code of Conduct for Elected Members (Under Separate Cover) ⇨   

3.     2016-19 Triennium Meeting Schedule

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	330361
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

3.1   Purpose of Report

To seek Council’s approval of the proposed 2016-19 triennium meeting schedule for the Council and its committees for the periods from January 2017 to

October 2019.

 

Officer’s Recommendation a.     That Council adopt the schedule of meetings for the committees of Council for the period January 2017 to October 2019, covering the 2016-19 triennium (Attachment 1). b.     That Council note that additional ordinary, extraordinary and multi-day meetings may be scheduled from time to time in consultation with the Mayor and Chief Executive. c.     Note that meeting times for other committees and subcommittees will be formally notified when they are required in accordance with the Local Government Official Information and Meetings Act 1987 and Local Government Act 2002.

 

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

3.2   Background Summary

 

Why have a schedule of meetings?

 

As outlined in Schedule 7, Clause 19(1) of Local Government Act 2002, Napier City Council must hold meetings that are necessary for the good government of Napier City.

 

It is good practice for Council to adopt a schedule of meetings for the following calendar years.  This will allow the business of the Council to be conducted in an orderly and transparent manner, thus enabling an open democratic process, and to allow public notification of meetings to be given in compliance with the Local Government Official Information and Meetings Act 1987.  A schedule also allows for elected members to plan their commitments over the triennium.

 

The triennium meeting schedule is based on the new governance structure comprising of committees, adopted at the 2 November 2016, Triennial Council Meeting, Napier City Council – Committee Structure and Appointments, 2016-19.

 

 

 

 

The schedule of meetings

 

The schedule of meetings sets out dates and times for standing committees, Council meetings and some specialist committees such as Audit and Risk.  As outlined in the Local Government Act, the schedule can be amended.  Further work may be undertaken by staff to develop schedules for other specialist committees and sub-committees, if appropriate.  However some of these committees do sit on an as required basis. 

 

The schedule has been developed with a view to reduce the need for additional or reconvened meetings, and to provide Elected Members with a month’s break of meetings to coincide with the Christmas/Summer holiday period.  There will be occasions when additional meetings are required. 

 

The schedule follows a 6 weekly meeting cycle, based on the key governance principle of double debate.  Key processes informing the cycle include: 

 

-    that Elected Members are informed by officials, and provide their ideas to officials, through seminars and workshops.

-    Pre-agenda meetings are held between officials and the Chairs and Deputy Chairs of each standing committee of a whole (a committee comprising of all elected members), to provide opportunity to comment on proposed agenda.

-    Standing Committees (of a whole) are held and this is the first opportunity for Elected Members to formally debate a report.

-    Maori Consultative Committee is convened and provides comments on recommendations from Standing Committees (of a whole). 

-    Council is then convened and provided with the recommendations from the Standing Committees (of a whole) and the Maori Consultative Committee recommendations.  Council then debates issues for a second time and makes decisions. 

-    Audit and Risk Committee is convened quarterly. 

 

(There are some items which are not double debated, including an item of a minor procedural nature, or a matter of urgency). 

 

 

3.3   Attachments

a     Schedule of Meetings 2017-19 ⇩   

 

 

4.     Governance Structure

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	330523
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

4.1   Purpose of Report

To seek Council’s approval of the paper, Governance Structure: Committee structure, Terms of reference and delegations 2016-19. 

 

 

Officer’s Recommendation a.     That the report titled Governance Structure: Committee structure, Terms of reference and delegations 2016-19 be approved and adopted by Council. b.     That Council note that delegations for joint committees will be compiled into the report as outlined in recommendation a. for Council’s approval in February.  In the interim, all delegations as approved in the 2013/16 triennium for joint committees remain.

 

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

4.2   Background Summary

Section 41A of the Local Government Act 2002 gives the Mayor discretionary powers to design a committee structure and appoint chairs to those committees.  The Mayor exercised this power at the Triennial Council Meeting on 2 November. 

 

Officials have developed terms of references for, and delegations of Council to, committees. 

 

A draft Governance Structure is attached for Council’s consideration and approval.

 

Double debate

 

Of note, Napier City Council operates under the governance principle of double debate.  This means that unless an item is for information-only and of routine nature, or a matter of urgency, all items are debated twice before a decision is made by Council. 

 

Delegated authority

 

Within the Governance Structure there is a delegated authority to enable decisions of council to occur at standing committee meetings which comprise of all elected members (e.g. committees of a whole).  There are however some powers of Council that cannot be delegated to committees (refer Schedule 7, Clause 32, Local Government Act 2002), such as the power to make a bylaw, or power to adopt a long-term plan.  Although a committee of a whole is made up of all elected members, this does not enable it to take on Council’s powers that cannot be delegated to a committee under Clause 32, Schedule 7, Local Government Act 2002. 

 

Hearings

 

Due to the quasi-judicial status of hearings, for hearings to be held in accordance with the principles of natural justice, the recommendation from the committee that conducted the hearing should be adopted, unless there is a good reason not to.  The governance principle of double debate does not apply to hearings.

 

Any member at a Council meeting can ratify the recommendation from the committee that conducted the hearing.  Only those members who attended the hearing and who heard all the submissions, can make a decision at a Council meeting on that topic against the recommendation.  If the recommendations are not agreed to, a re-hearing of information would be required. 

 

For this reason, for hearings of any powers that Council cannot delegate (such as the power to make a bylaw) should be heard by a committee of a whole.  This is to ensure that the Council has sufficient visibility of the process.

 

 

4.3   Attachments

a     Governance Structure 2016-19 (Under Separate Cover) ⇨   

5.     Watchman Road Project - NZTA Lease Concession and Unison Easement Concession

Type of Report:	Legal and Operational
Legal Reference:	Reserves Act 1977
Document ID:	329893
Reporting Officer/s & Unit:	Bryan  Faulknor, Manager Property

 

5.1   Purpose of Report

a)  To obtain Council approval to grant a concession in the form of a lease over two areas of reserve land. The subject land is required by the NZ Transport Agency (NZTA) for temporary occupation for activities designed to assist in the construction of the Watchman Road Project.

 

b)  As a separate matter but still related to the project, to grant an easement to Unison Networks Limited to use reserve land for the conveyance of electricity and telecommunications data and electronic data.

 

 

Officer’s Recommendation a.     That Council grant a concession in the form of a lease to the New Zealand Transport Agency over that part of the Local Purpose (Community Buildings) Reserve and that part of the Local Purpose (Wildlife) Reserve as described in Schedule 1 below for a term of twelve (12) months pursuant to the Minister of Conservation’s authority under Section 59A of the Reserves Act 1977, such authority being delegated to the Council pursuant to an instrument of delegation dated 12 June 2013. b.     That Council grant a concession in the form of an easement to Unison Networks Limited over that part of the Local Purpose (Wildlife) Reserve as described in Schedule 2 below respectively for a term of thirty (30) years pursuant to the Minister of Conservation’s authority under Section 59A of the Reserves Act 1977, such authority being delegated to the Council pursuant to an instrument of delegation dated 12 June 2013. SCHEDULE 1   Hawkes Bay Land District  -  Napier City   Area (ha) Legal Description Land Status 0.4894ha Section 1 SO 468666 Local Purpose (Community Buildings) Reserve 46.3329ha Part Section 2 SO 10606 Local Purpose (Wildlife) Reserve   SCHEDULE 2   Hawkes Bay Land District  -  Napier City   Area m² Legal Description Land Status 753m²   Part Section 3 SO 468666 Local Purpose (Wildlife) Reserve

 

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

5.2   Background Summary

On 10 August 2016 Council passed a resolution in which funding, land purchase and procurement of physical works were approved in relation to the Watchman Road Project (“the Project”) that is being delivered in partnership with NZTA and Hawkes Bay Airport Limited.

  

In addition to the areas of land required for legal road for the Project, two areas of land are required by NZTA for temporary occupation for activities designed to assist in the construction of the Project.  In both cases, the land required is reserve land vested in the Crown for which the Council is appointed the administering body for the control and management of said reserve.  

 

Under the Reserves Act 1977 (“the Act”) the Minister of Conservation has the power to grant a concession in the form of a lease (and in accordance with the provisions of the Conservation Act 1986) over the two reserves involved here.  The Minister’s power to grant such a concession over reserves has been delegated to the Council.  NZTA has, by letter dated 8 November 2016, made a formal application for the grant of a concession lease.

 

As a separate matter but still related to the Project, Unison has requested an easement over a similar type of reserve (which is also vested in the Crown and administered by the Council) as part of the works to be completed with the Project.  The Council, using the same delegated powers described above, is able to grant a concession to Unison in the form of an easement. Unison has, by letter dated 10 November 2016, made a formal application for the grant of a concession easement.

 

Concession Lease

 

There are two areas of reserve that NZTA are applying for the grant of a concession in the form of a lease.  The lease applied for is on a temporary basis (twelve months) and coincide with the length of time the land is needed for the works related to the Project.  The areas of reserve involved are shown as areas marked ‘Temporary Occupation Area 3’ and ‘Temporary Occupation Area 4’ on the attached plan referred to as “Land Requirement Plan, Overall Plan”

 

Temporary Occupation Area 3:

The Project will provide for improved and safe public access, connectivity and cycling and pedestrian access. This area of land is held for Local Purpose (Community Buildings) Reserve. Access is gained from Domain Road. The upgrade to the roundabout will enable safety improvements for public access to the reserve and any community buildings thereon. 

 

The proposed concession lease activities are outlined as follows:  

·    Construction of the new roundabout proposed to replace the existing intersection of State Highway 2 and 2B, Meeanee Quay and Watchman Road.

·    Construction of the associated cycle and pedestrian connection at the new roundabout. 

·    Entry and occupation with such machinery, vehicles and equipment as are reasonably necessary for works related to the Project, including but not limited to:

o  Construct temporary fencing for security purposes.

o  Park and manoeuvre machinery, vehicles and equipment.

o  Stockpile materials required for the works associated with the Project.

 

Temporary Occupation Area 4:

This area of land is held for Local Purpose (Wildlife) Reserve. As part of the Watchman Road Connection Group (“WRCG”), it was recommended that as part of the Project (offset mitigation) that an area of land and water on the south-east corner of the reserve be converted to a shallow water habitat, otherwise referred to as scrape lakes.

 

Three new scrape lake areas are proposed for habitat and bird roosting areas. Three stands of trees and shrubs that provide habitat for pests will also be removed as part of the works.  The Project will enhance the existing wildlife reserve through the expansion of the water habitat and removal of pest habitats.

 

The proposed concession lease activities are outlined as follows:

·    Earthworks within the south pond including scraping away some raided manmade areas to reduce the depth of and significantly enlarge pond areas for ecological benefits.  Such earthworks are shown defined on the attached plan referred to as “Plan New Scrape Lake Areas”.

·    Removal of any native and exotic vegetation required for the purpose of the Works. 

·    Removal of any material required to reduce pond depth and enlarge the pond areas. 

·    Undertaking new planting and vegetation for roosting areas that is either consistent with that already present around the pond or is “native” to the area. 

·    Undertaking riparian edge planting at the southeastern edge of the enhanced pond area. 

 

It is intended DOC’s standard terms for concession leases, adapted for this situation, will be used. 

 

Concession Easement

 

As part of the works to be completed in relation to the Project, Unison is required to underground two existing overhead power poles and lines located immediately north of Watchman Road.  The existing overhead power poles and lines are protected under the Electricity Act 1992.  Unison considers the undergrounding to be an upgrade.  Accordingly, Unison requires an easement in gross over that part of the line which is being undergrounded.    

 

The concession being granted is in the form of an easement and will involve a right to convey electricity and a right to convey computer media (i.e. internet).  The easement granted will be for a term of 30 years (the longest period a concession easement can be granted in these circumstances).   The land over which the easement will be granted is reserve land vested in the Crown for which the Council has been appointed the administering body for control and management.

 

The easement area is shown on the attached Plan referred to as “Easement Plan”

 

It is intended DOC’s standard terms for concession easements, adapted for this situation, will be used.

 

5.3   Issues

As noted in the agenda item of 10 August 2016, the significant issue that the project seeks to address is the significant safety risk presented to motorists by the existing network layout. The current layout has resulted in recent fatalities and to do nothing is not an option.

 

5.4   Significance and Consultation

Consultation has been undertaken for both the Concession Lease and Easement Concession as a part of the Project Working Group and also consultation for the Resource Consent application. A copy of the Resource Consent application has been provided to Council who has given Affected Party Consent, as has DOC. The Resource Consent has now been granted.

 

Mana Ahuriri have been engaged with this project since the initial investment logic mapping workshops during the strategic case. Mana Ahuriri were also a key member of the WRCG.  When attendance was not possible at the WRCG meetings, members of the project team ensured regular dialogue and engagement with Mana Ahuriri.

 

The WRCG also invited Te Kaha Hawaikirangi (Nga Hapu O Tutaekuri). Te Kaha Hawaikirangi was commissioned to complete Cultural Monitoring of Te Whanganui-ā- Orotū: Watchman Road Reserve and Westshore Domain. Further specific meetings to discuss the project, particularly the cultural aspects have been held.

 

These discussions focused on Cultural values for the Te Whanganui-ā- Orotū and support for cultural monitoring; gateway treatment and ensuring appropriate korero / story can be told through the use of imagery and signage as part of the landscaping, artwork and overall gateway treatment.

 

Mana Ahuriri have provided Affected Party Consent.

 

5.5   Implications

Financial

Council’s funding towards the project was approved by Council in its resolution of 10 August 2016.

 

NZTA is required to pay Council’s legal costs and expenses relating to the concessions which are the subject of this report.

 

Social & Policy

Not applicable

Risk

The lease document ensures that Council is indemnified against all claims, actions, losses and expenses arising from NZTA’s performance of the concession activity.

 

5.6   Options

The options available to Council are as follows:

1.   Agree to grant the concession in the form of a lease over the two areas of reserve land and grant the easement to Unison Networks Limited.

2.   To decline to grant the lease and easement.

 

5.7   Development of Preferred Option

The temporary occupation and concession lease activities, along with the undergrounding of power lines and required easement are important aspects of the project.

 

As mentioned previously the project will improve road safety and efficiency.

 

Option 1 above is therefore the preferred option.

 

 

5.8   Attachments

a     LAND REQUIREMENT PLAN - OVERALL PLAN ⇩

b      PLAN NEW SCRAPE LAKE AREAS ⇩

c     EASEMENT PLAN ⇩   

6.     Prebensen Drive Road Stopping

Type of Report:	Legal
Legal Reference:	N/A
Document ID:	328956
Reporting Officer/s & Unit:	Jon  Kingsford, Director Infrastructure Services

 

6.1   Purpose of Report

To seek Council approval for the stopping of two parcels of legal road, which currently form part of the farm access into Area 3 of Parklands Residential Development.

 

 

Officer’s Recommendation   That the Council resolve:   a)  That Council in accordance with Section 116 of the Public Works Act 1981 declares that part of Prebensen Drive as described in Schedules 1 and 2 below be stopped.   b)  That Council, in accordance with Section 117(7) of the Public Works Act 1981, declares the stopped road described in Schedule 1 below to be a Local Purpose (Passive Recreation) Reserve subject to the Reserves Act 1977, to be added to the Local Purpose (Passive Recreation) Reserve situated on Prebensen Drive.   c)  That Council consents to that part of the stopped road described in Schedule 2 below being vested in the Council as the owner of the adjoining land (being Lot 3 DP 448910 as described in Certificate of Title 568343) pursuant to Section 117(3) of the Public Works Act 1981 and the Council further consents to both parcels of land being amalgamated into one certificate of title pursuant to Section 120(3) of the Public Works Act 1981.   SCHEDULE 1 Hawkes Bay Land District  -  Napier City   Area (ha) Legal Description Adjoining CFR Reference 0.3035   Section 1 SO 470226 Section 3 SO 488315 741089 Lot 3 DP 448910 568343   SCHEDULE 2 Hawkes Bay Land District  -  Napier City   Area (ha) Legal Description Adjoining CFR Reference 0.0156 Section 2 SO 470226 Lot 3 DP 448910 568343

 

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

6.2   Background Summary

Prebensen Drive borders the next stage of the Parklands residential development.   

 

A fence is to be erected on the boundary of those Parklands properties that will adjoin Prebensen Drive.  For the most part the berm (which will run from the fence to the formed road and include a cycle path) is part of the Local Purpose (Passive Recreation) Reserve.  However, part of the berm was used as an access way for the farm that was previously operating on this land and is technically road and part of Prebensen Drive. 

It is intended that the only pedestrian and vehicular access that Parklands residents will have to Prebensen Drive is to be from Orotu Drive.  To ensure those intentions are realised, that part of Prebensen Drive comprising part of the berm and previously used as an access way for the farm must be stopped with part of the stopped road added to the local purpose reserve on Prebensen Drive that intersects with it and the balance of the stopped road (which would otherwise be landlocked) being amalgamated with the adjoining fee simple land vested in the Council. 

The Council is the sole owner of the land adjoining that part of Prebensen Drive to be stopped and there will be adequate alternative access to that property (and all properties created as part of the development) via Orotu Drive, Pelorus Drive and Aspiring Avenue.

6.3   Issues

N/A

6.4   Significance and Consultation

This matter is not considered significant as defined by Council’s significance and engagement policy.  Consultation on this matter is not considered to be necessary.

6.5   Implications

Financial

The costs associated with the stopping and parcel amalgamation process will be met by the Parklands development account. 

Social & Policy

N/A

Risk

This matter is considered to be procedural and of little risk to Council.

6.6   Options

The options available to Council are as follows:

1.   Approve the stopping of road.  This is the preferred option.

2.   Decline to support the proposed road stopping.

6.7   Development of Preferred Option

Approval of the road stopping is preferred as the portion of road to be stopped is not required to be used for roading purposes in the future.

As part of the development of Area 3, these two parcels of stopped road (shown as Sections 1 and 2 on the attached Title plan SO 470226), will be added (Section 1) to the adjacent Local Purpose (Passive Recreation) reserve next to Prebensen Drive, and Section 2 amalgamated into the land set aside for the development of Parklands Residential Development. 

 

 

6.8   Attachments

a     Prebensen Drive Road Stopping  ⇩

b      Prebensen Drive Road Stopping (2) ⇩   

7.     Quarterly Report for September 2016

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	318884
Reporting Officer/s & Unit:	Mary  Quinn, Senior Management Accountant Elaine  Cooper, Corporate Planner Chris Comber, Accounting Mnager

 

7.1   Purpose of Report

To consider the Quarterly Report for the period 1 July 2016 to 30 September 2016 and the Health & Safety Report for October 2016.

 

Officer’s Recommendation a.     That the Quarterly Report for the period 1 July 2016 to 30 September 2016 and the Health & Safety Report for October 2016 be received

 

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

7.2   Background Summary

The Quarterly Report summarises the Council’s progress in the first quarter of 2016/17 towards fulfilling the intentions outlined in the Annual Plan. Quarterly performance is assessed against Income, Total Operating Expenditure, and Capital Expenditure. The Health & Safety Report updates the Council on health & safety matters, including hazards and risks associated to them.

 

7.3   Attachments

a     Quarterly Report Sep 2016 (Under Separate Cover) ⇨

b      Health & Safety Report Oct 2016 ⇩   

 

 

 

 

 

REPORT / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

 

 

DECLARATION OF THE REMAINING COUNCILLOR ELECT

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	327058
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

Purpose of Report

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

 

Councillors Boag / White   That the remaining Councillor elect, Mr Tony Jeffery, makes an oral declaration and attests a written declaration at the Finance Committee meeting on 29 November 2016, in accordance with the requirements set out in Schedule 7, Clause 14, of the Local Government Act 2002. CARRIED   Councillors Brosnan / McGrath   That a DECISION OF COUNCIL is required urgently so that Mr Jeffery can act as a member of Napier City Council.  CARRIED

 

COUNCIL RESOLUTION	Mayor Dalton / Wise
	a.         The remaining Councillor elect, Mr Tony Jeffery, makes an oral declaration and attests a written declaration at the Finance Committee meeting on 29 November 2016, in accordance with the requirements set out in Schedule 7, Clause 14, of the Local Government Act 2002.
	CARRIED

 

 

1.     Easter Sunday Trading Policy

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	323961
Reporting Officer/s & Unit:	Kim Anstey, Planner Policy/Analyst

 

1.1   Purpose of Report

Changes to the Shop Trading Hours Act provide an opportunity for local authorities to adopt a policy allowing shops to trade on Easter Sunday.  Informal consultation with the community and retailers on the proposal to adopt an Easter Sunday Trading policy has indicated there is sufficient interest to warrant commencing formal consultation. This report is to seek Council approval of the proposed Easter Sunday Trading Policy 2017, the accompanying Statement of Proposal (Attachment A), and to authorise officers to commence the special consultative procedure.

 

 

At the Meeting Councillors highlighted the positive effect providing retailers and workers with a choice to work on Easter Sunday would have to economic development and tourism.  The voluntary aspect of the policy, in terms of the workers choice provision, and provision for retailers to decide whether they open or not, was deemed very important to put upfront in the proposed Easter Sunday Trading Policy, in addition to its reference in the Statement of Proposal.  Councillors requested information on what consultation would be undertaken and officers advised that as per legislation, the special consultative procedure would involve one month of consultation and receiving submissions, followed by a hearing.  The Statement of Proposal including Draft Policy will be advertised in the local paper and through the Council’s website and social media.

Committee's Recommendation Councillors Jeffery / Wright a.       That Council approve the draft Easter Sunday Trading Policy 2017 and  Statement of Proposal and authorise officers to proceed with public notification through the special consultative procedure as prescribed in Section 83, of the Local Government Act 2002. b.       That a DECISION OF COUNCIL is required to enable the Statement of Proposal to be circulated as soon as possible to ensure an outcome is reached before Easter 2017. The submission period will need to commence on 5 December 2016, prior to the next Council meeting. This will require the following resolution to be passed before the decision of Council is taken: i.        That, 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 considers, in its discretion, is appropriate to make decisions on the recommendation.  CARRIED AMENDMENT TO OFFICER’S RECOMMENDATION Councillors Wright / Price c.       An amendment to resolution a), that resolution a) be agreed subject to the inclusion in the draft Easter Sunday Trading Policy, under the heading Policy, of a direct reference to workers choice and retailers having the option to open their shop or not. CARRIED     COUNCIL  RESOLUTION Councillors Price/Brosnan   a.    That Council approve the draft Easter Sunday Trading Policy 2017 and Statement of Proposal (subject to the inclusion under the heading Policy, of a direct reference to workers choice and retailers having the ability to open or not), and authorize officers to proceed with public notification through the special consultative procedure as prescribed in Section 83, of the Local Government Act 2002.   CARRIED

2.     Marine Parade Redevelopment Costs

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	324923
Reporting Officer/s & Unit:	Jon  Kingsford, Director Infrastructure Services

 

2.1   Purpose of Report

To update Council on the financial status of the Marine Parade redevelopment project, and to obtain approval of funding of additional construction-related costs. 

 

 

At the Meeting Councillors discussed the suitability of a vert ramp and determined that they should leave decisions around design to the experts.  The aim is to ensure the skatepark is a jewel of the city and is made to a high standard.  Changes to the operating model, and a contingency of less than the industry standard of 100%, contributed to a cost overrun.

Committee's Recommendation Councillors Price / White a.       That the report be received. b.       That Council note that additional costs to the project have been identified, and some costs have been incurred, and that additional funding of approximately $318,500 will be required. c.       That Council agree to proceed with the construction of the new skate ramps, (a Vert ramp + 4 small ramps) at a cost of $200,000, as these ramps form an integral part of the features of the new site. d.       That Council note that the original location for the vert ramp will need to be repurposed, with shade sails and street furniture in order to make it a useable space, at a cost of $45,000.  e.       That Council note additional funding of approximately $613,500 for items noted in the resolutions in a-d, will be sourced from capital reserve.   CARRIED

3.     Napier Conference Centre - Cost Update

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	324368
Reporting Officer/s & Unit:	Sally Jackson, Manager Visitor Experience

 

3.1   Purpose of Report

To update Council on costs relating to the earthquake strengthening and redevelopment of the Napier Conference Centre.

 

To update Council on an increase of the project scope involved in the redevelopment, and to seek Council approval on the funding required.

 

To update Council on the estimated completion date of the project.

 

 

At the Meeting A discussion occurred on the most appropriate funding source for this project including that if the capital reserve enables, the project should be funded from capital reserve to ensure fairness to rate payers, and this be reflected in resolution c 1.

Committee's Recommendation Councillors Jeffery / White a.       That Council notes the update provided on the increase in costs to the redevelopment of the Napier Conference Centre.  In particular, key factors causing the increased costs include an increase of the project scope; time delay variations to contracts; inadequate contingency budget under industry standard; and an inadequate estimate of fixtures, fittings and furniture.   b.       That Council agree that the construction must reflect the community’s expectations for the Napier Conference Centre to be Hawke’s Bay’s primary conference venue, and to be a secure site, is of critical importance.    AMENDMENT TO OFFICER’S RECOMMENDATION c)   That Council approve the total funding request of $745,864 for additional costs relating to the redevelopment of the Napier Conference Centre.   1) Funding of $402,110 for additional costs relating to the redevelopment of the Napier Conference Centre to be funded from capital reserve.             2) Funding of $343,754 for a 10% contingency to cover the remainder of the construction phase for the project, to be funded from capital reserve if required. CARRIED

4.     Mountain Bike Enhancement Proposal

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	323871
Reporting Officer/s & Unit:	Jon  Kingsford, Director Infrastructure Services

 

4.1   Purpose of Report

To consider Council support for three enhancement proposals for the Hawke’s Bay Mountain Bike Club (HBMTBC) bike park within the Pan Pac owned land at Eskdale.  The three enhancement proposals are being submitted to Council as the land is outside of Napier City jurisdiction, however there are significant benefits to Napier City if the enhancements go ahead. 

 

 

At the Meeting Noted that this is an opportune time to increase the facilities at the bike park, thus accommodating and attracting the increased numbers of visitors to it.  There is a direct e economic benefit to Napier by ensuring this bike park has adequate facilities, as it will encourage more visitors to stay in Napier.   A discussion on whether Hastings District Council had been consulted.  An informal understanding between the councils exists whereby each council provides support for the bike tracks which are closer to their main centre.

Committee's Recommendation Councillors McGrath / Taylor a.       That Council approves the relocation of the redundant toilet block from the Marine Parade redevelopment to the Ken Ross Reserve at PanPac and approves the Napier City Council to provide ongoing cleaning services for the toilet. b.       That Council provides funding up to the value of $20,000 from the Napier City Council capital reserve towards the installation of directional signage and loop maps for the Mill Block trails at the Pan Pac Eskdale Mountain Bike Park. c.       That Council provides funding up to the value of $25,000 from the Napier City Council capital reserve towards the development of a mountain bike skills area within the Ken Ross reserve at the Pan Eskdale Mountain Bike Park.   CARRIED

5.     Final Shade Policy

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	325095
Reporting Officer/s & Unit:	Jessica Wilson, Community Advisor

 

5.1   Purpose of Report

To bring back to Council, the draft Napier City Council Shade Policy, that has been updated to reflect public feedback.

 

 

At the Meeting Councillors wanted to know about the implementation of this policy in terms of prioritisation of existing versus new initiatives, and how to deal with vandalism. Officers advised that current shade provisions will be reviewed and a criteria will be developed for prioritisation.  Council will then be advised on any financial requirements.  All new projects will encompass the shade policy in design and budgeting.  Options to limit vandalism will also be looked into.

Committee's Recommendation Councillors Taylor / Tapine a.   That Council adopt the amended Napier City Council Shade Policy (Attachment A) that has been updated to reflect public feedback.    CARRIED

6.     Rating Outturn Surplus 2015-16

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	324128
Reporting Officer/s & Unit:	Adele  Henderson, Director Corporate Services Ian  Condon, Revenue and Treasury Manager Caroline Thomson, Chief Financial Officer

 

6.1   Purpose of Report

To report on the Rating Account to 30 June 2016, and to approve allocations from the Rating Surplus.

 

 

Committee's Recommendation Councillors Wright / Price a.       That the 2015/16 net rating surplus of $3,256,800 be transferred to the Capital Reserve Account where it is available for future commitments.   CARRIED

7.     MTG Hawke's Bay School Education Fees and Charges

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	324120
Reporting Officer/s & Unit:	Sally Jackson, Manager Visitor Experience

 

7.1   Purpose of Report

To seek approval to change the fees and charges in place for the school education programme supplied by MTG Hawke’s Bay Museum.

 

 

At the Meeting Brief discussion on ensuring the officers are clear on reasons why schools are not fully utilising the MTG, including looking into reasons other than fees and charges.

Committee's Recommendation Mayor Dalton / Councillor Wright That the Council resolve: a.       To move the entry fee for MTG Hawke’s Bay Museum from Students $4.50 (primary) & $6.50 (secondary) to $2.50 (primary) & $4.50 (secondary) effective from 1 January 2017.    CARRIED

8.     Relocation of Loading Zone, Tennyson Street

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	325266
Reporting Officer/s & Unit:	Peter Scott, Contracts Engineer

 

8.1   Purpose of Report

To consider the relocation of a loading zone at 39 Tennyson Street from immediately outside the Former McGlashan’s Building (containing Wallace Cotton) to outside of the Former Daily Telegraph Building (currently occupied by Bayley’s Real Estate) located at 49 Tennyson Street.

 

 

At the Meeting Having a loading zone directly outside a building with a balcony and facades has been a continual problem and this is a common sense approach to address it.

Committee's Recommendation Councillors Jeffery / Wright a.       That Council resolve to relocate the existing loading zone located outside of 39 Tennyson Street to a position outside 49 Tennyson Street (as shown on the plan attached as Attachment A). b.       That two parallel car parks be formed outside of 39 Tennyson Street where the loading zone is currently located. c.       That retailers within the area, and local courier companies be notified of these changes.   CARRIED

9.     Pukemokimoki Marae Project Completion

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	325508
Reporting Officer/s & Unit:	Natasha  Carswell, Manager Community Strategies

 

9.1   Purpose of Report

To provide Council with an update on the Pukemokimoki Marae progress and project completion.

 

 

At the Meeting A discussion on the untapped potential of Maori tourism in Napier City, the progress that has been made to date on the project, and that Council will offer a supportive environment as the basis of an ongoing relationship with the Marae.

Committee's Recommendation Councillors Price / Jeffery a.       That Council receives the Pukemokimoki Marae Year Two Progress Report and notes the completion of the project.   CARRIED

10.   Creative Communities Scheme September 2016

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	323884
Reporting Officer/s & Unit:	Belinda  McLeod, Community Funding Advisor

 

10.1 Purpose of Report

To receive the minutes from the Creative Communities Scheme meeting held on Tuesday 27 September 2016 as outlined in Attachment A.

 

 

Committee's Recommendation Councillors Boag / Brosnan That the minutes of the Creative Communities Scheme meeting held on Tuesday 27 September 2016 be received and the recommendations be adopted.   CARRIED

11.   Hawke's Bay Airport Limited Annual Report for Financial Year ending 30 June 2016

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	326384
Reporting Officer/s & Unit:	Adele  Henderson, Director Corporate Services

 

11.1 Purpose of Report

To consider the Hawke’s Bay Airport Limited Annual Report for the financial year ending 30 June 2016.

 

Mr Nick Story, Chief Executive of Hawke’s Bay Airport Limited to speak to the report.

 

 

At the Meeting Nik Story and Tony (Titles) from Hawke’s Bay Airport Limited delivered a presentation.  Steady including increases in passenger numbers and arrival of jetstar have contributed to record financial result/dividends.

Committee's Recommendation Councillors Wright / Brosnan a.       That the Hawke’s Bay Airport Limited Annual report for financial year ending 30 June 2016 be received.    CARRIED

 

1.     Audit and Risk Charter Review

Type of Report:	Information
Legal Reference:	N/A
Document ID:	326620
Reporting Officer/s & Unit:	Adele  Henderson, Director Corporate Services

 

1.1   Purpose of Report

To present and make recommendations on amendments to the Audit and Risk Committee Charter and Terms of Reference.

 

 

Officer’s Recommendation a.     That the report titled Audit and Risk Charter Review be received. b.     That the amendments to the Audit and Risk Committee Charter and Terms of Reference are recommended to Council for approval.

2.     Audit and Risk Meeting Schedule 2016-17

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	326623
Reporting Officer/s & Unit:	Adele  Henderson, Director Corporate Services

 

2.1   Purpose of Report

To consider the proposed timetable of meetings for the Audit and Risk Committee in 2017, as detailed below.

 

 

Officer’s Recommendation a.     That feedback be provided on the proposed timetable of meetings for the Audit and Risk Committee for 2017.

 

1.     Requests for Official Information

Type of Report:	Information
Legal Reference:	Local Government Official Information and Meetings Act 1987
Document ID:	330005
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

1.1   Purpose of Report

To report on written requests for official information received since the September Council Meeting.

 

 

Officer’s Recommendation That the requests for official information be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

1.2   Background

 

The council regularly receive requests for official information from members of the public.  The council responds to these requests in accordance with the provisions of the Local Government Official Information Act. 

 

Attachment A provides a list of the requests received since last reported in September.  The attachment provides the date, nature of request, and the status of the request for councillors information.  The requestors details are not provided in order to maintain privacy pursuant to the Privacy Act 1993.

 

1.2   Attachments

a     Requests for Official Information ⇩   

 

 

2.     Liquor Licenses

Type of Report:	Information
Legal Reference:	Sale and Supply of Alcohol Act 2012
Document ID:	330006
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

2.1   Purpose of Report

To report on the Liquor Licences issued under delegated authority for September to November 2016.

 

 

  September

 

Decision Number	Applicant	Licence Type
0344	Taradale Rugby Football Club Incorporated	Special
0345	Fiona Elmes	Special
0346	Kathleen Te Punemate Kuru	Manager
0347	Brent Pilcher	Special
0348	Andrea Loggia	Special
0349	Greg Sorensen	Special
0350	Hawkes Bay Rugby Football Union Incorporated	Special
0351	Hharkarandeep Singh Dhillon	Manager
0352	Hawkes Bay Rugby Football Union Incorporated	Special
0353	Prakashbhai Patel	Manager
0354	Nigel Te Huia	Manager
0355	Jagmittar Singh Hundal	TA
0356	Regional Indoor Sports & events Centre Trust	Special
0357	Kathleen Smith	Manager
0358	Cara Bennett	Special
0360	Napier Repertory Players Inc	Special
0361	Renee Smith	Special
0362	Lorraine Maree Stuart	Manager
0363	Stefan Mark Burt	Manager
0364	Nadezda Nazaryeva	Manager
0365	Peggy-Ann Lotter	Manager
0366	Nicholas Richard Taylor	Manager
0367	Sandie Maree Bain	Manager
0368	Mohnakshi Bharekar	Manager
0369	Sean Charles Burns	Manager
0370	Laura Ann Dowd	Manager
0371	Alexander James Coupland	Manager
0372	Frances Mary Cole	Manager
0373	Danielle Betty McCleland	Manager
0374	Caroline Rebecca Hughes	Manager
0375	Sacred Hill Vineyards Limited	Special
0376	Duke of Gloucester Limited	Special
0377	Shianne Pirie	Manager
0378	Bowls Omarunui Inc	Special
0379	Leigh-Anne Heays	Manager
0380	Kelsey Shanley	Manager
0381	Mahsum Turan	Manager
0382	Gurwinder Singh Bhullar	Manager
0383	Ram Singh Brar	Manager
0384	Charanjeev Parmar	Manager
0385	Georgina Robertson	Manager
0386	Amarjit Singh	Manager
0387	Rochelle Ann Owen	Manager
0388	The Duke of Gloucester Bar & Restaurant	Special

 

October

 

Decision Number	Applicant	Licence Type
4052	Regional Indoor Sports & Events Centre Trust	Special
4022	Taradale Rugby & Sports Club Inc	Special
4057	Lynette Jarvis	Special
4053	Napier Old Boys Marist Rugby Football Club Inc	Special
4051	Napier City Rovers Football Club Inc	Special
4050	Napier City Rovers Football Club Inc	Special
3385	Richard James Brown	Manager
3376	Kelly Annona Annette Lange	Manager
3374	Caroline Louise Allen	Manager
3379	Bihari Prasad Raturi	Manager
0109	Jeremy Grierson Bayliss	Manager
2857	Emma Kate Zwierzchowski	Manager
2906	Susan Daphne Hobbs	Manager
2850	Cameron Andrew Franklin Ross	Manager
2764	Joesph Charles Jackman	Manager
3399	Abby Sarah Woodward	Manager
2851	Jade Claire Costen	Manager
0566	Lorraine Ashurst	Manager
2999	Soon Beom (Steven) Lee	Manager
4023	Taradale Rugby & Sports Club Inc	Special
1331	Paul David John Eager	Manager
3203	Brian Peachey	Manager
1625	Jessica Leigh Llewellyn	Manager
3235	Jane Dawn Hill	Manager
3227	Francesca Martin	Manager
2417	Natasha Nordell	Manager
3249	Kimberly Ann Markham	Manager
3234	Troye Newport	Manager
3378	Lovepreet Singh	Manager
3380	Rebecca Dawn Ellmers	Manager
1352	D & G Trading Limited (Pak n Save Tamatea)	TA
3245	Jiaqi Jia	Manager
1350	Richard Dunham Habgood	TA
4056	Matthew Lawson	Special
3257	Rhugved Nimkar	Manager
1361	Ian Adrian Olson	Manager
3250	Victoria Kate Cooper	Manager
2885	Joanna Margaret Wenham	Manager
1246	Richard James Brown	Off licence
1374	Graeme David Mortensen	Manager
4059	Napier Sailing Club	Special
4060	Kevin O'Keefe	Special
4064	Taradale Primary School PTA	Special
1353	Snedden D'Costa	TA
1351	R M Gisborne Ltd	TA
3400	Supinderjeet Kaur	Manager
4039	Canal Limited	Special
4062	Julianne Brogden	Special
4041	Janine Bevege	Special

 

November

 

Decision Number	Applicant	Licence Type
1325	Banbury Cross Limited	On-licence
4083	Taradale Rugby Football Club Inc	Special
1355	Carowatts Investments Limited	On-licence
1354	Breakers Ahuriri Limited	TA
4049	Glen France	Special
1359	Robin Foods Limited	On-licence
4069	Andrew Banham	Special
4075	Bluff Hill Bowling Club Inc	Special
4078	Duke of Gloucester Limited	Special
4077	Duke of Gloucester Limited	Special
4055	Taradale Community & Sports Club Inc	Special
4076	Beth Elstone	Special
4061	Scott & Ricketts Limited	Special
4068	Napier Operatic Society	Special
4066	Taradale Rugby Football Club Inc	Special
0032	Hawkes Bay Speedway Club Inc	Club licence
1252	Chantal Retail Limited	Off licence
1245	D & G Trading Limited	Off licence
4101	Design Cuisine Limited	Special
4099	Paikura Apai	Special
4067	Taradale Rugby Football Club Inc	Special
4026	Taradale Rugby Football Club Inc	Special
4080	Napier Returned Services Association Inc	Special
0028	Napier Returned Services Association Inc	Club Variation
0029	Taradale Retuned Services Association Inc	Club Variation
4082	Brent Leslie Pilcher	Special
3408	Robert Keith Britten	Manager
1275	Snapper Cafe Limited	On-licence

 

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

 

 

2.2   Attachments

Nil

3.     Tenders Let

Type of Report:	Information
Legal Reference:	Local Government Act 2002
Document ID:	330007
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

3.1   Purpose of Report

To report on Tenders let under delegated authority from 24 September 2016 to

8 December 2016.

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

1.2   BACKGROUND

 

For contracts over $500,000 (above the CE’s delegated authority), the Hearings Committee (for consideration of a tender) approved the following contracts covering 24 September 2016 – 8 December 2016.

 

 

5 October 2016:

 

          That Contract 1112 – Parklands Area 3 Stages 4-13 Earthworks 2016 be awarded

          to Russell Roads Limited for the sum of two million, two hundred and fifteen

          thousand, four hundred and eighty-five dollars ($2,215,485.00) excluding GST.

 

7 December 2016:

 

That Contract 1106 – Resurfacing of City Carriageways 2016/17 is awarded to Higgins Contractors for the sum of one million, two hundred and twenty-two thousand, one hundred and eighty-five dollars and seventy-nine cents ($1,222,185.79) excluding GST.

 

3.2   Attachments

Nil

4.     Schedule of Documents Under Seal

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	330008
Reporting Officer/s & Unit:	Jane McLoughlin, Team Leader Governance

 

4.1   Purpose of Report

To report of documents executed under seal, from 22 September 2016 to            7 December 2016.

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

4.2   Attachments

a     Schedule of Documents Under Seal  ⇩   

5.     Resource Consent

Type of Report:	Information
Legal Reference:	Resource Management Act 1991
Document ID:	330009
Reporting Officer/s & Unit:	Holly Lucas, Personal Assistant to Director Corporate Services

 

5.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for September to November 2016. 

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

Consent Number	Site Location	Applicant	Proposal	Activity Status	Decision Date
RMS16050	172 Hyderabad Road	P V Merson	Create right of way over party wall	Right of Way	1 September 2016
RM160087	27 Waitangi Road	Z Energy Limited	Variation of Conditions of RM130091 to allow four additional operators to use fuel filling facility	Change or cancellation of Resource Consent Condition	2 September 2016
RM160096	40 Poraiti Road	Adrian Skelton & Catherine Hartland	Construct a dwelling and water tanks which infringe the front & side yards within the Rural Residential zone	Land Use - Restricted Discretionary	2 September 2016
RM160099	41 Georges Drive	H W Lugt	Construct a garage within the 5m front yard	Land Use - Restricted Discretionary	13 September 2016
RM160091	202 Hastings Street	Wallace Development Company Limited	Commercial multi-unit development entailing a three level building, three units, car parking & an associated height infringement	Land Use - Restricted Discretionary	15 September 2016
RM160100	28 Logan Avenue	Kevin Cains & Kaye Cains	Construct a garage within the Marewa Character zone which infringes yard & height controls	Land Use - Restricted Discretionary	15 September 2016
RMS16052	107 Ballantyne Road	J Vernon	Rural Residential subdivision creating one additional lot (two in total)	Subdivision - Non-complying	15 September 2016
RMS16053	8 Seapoint Road	Amy Orr & Bradley Orr	Residential boundary adjustment (no new lots)	Subdivision - Controlled	15 September 2016
RM160102	88 Charles Street	Denis Pilkington & Dorothy Pilkington	Retrospective resource consent for the historic inability to comply with the open space control	Land Use - Restricted Discretionary	16 September 2016
RMS16054	90 Waverley Road	L M M Lloyd	Main Rural zone boundary adjustment (no new lots created)	Subdivision - Discretionary	19 September 2016
RM160108	210 Emerson Street	Pieter Van Raders & Kelly Van Raders	Internal alterations to a Group 1 heritage item (Colenso Chambers Building)	Land Use - Discretionary	21 September 2016
RMS16055	3/190 Charles Street	Harrison Bentley Limited	Residential subdivision creating a total of four new lots	Subdivision - Controlled	26 September 2016
RM160066	196 Battery Road	SP Lunn, RL Duckworth & LL Berkett	Construct a garage that involves associated earthworks, retaining walls and accessways	Land Use - Discretionary	29 September 2016
RM160110	111 Ford Road	Architecture HDT	Section 127 variation to approved Resource Consent RM160016  to allow establishment of a cafe/office facility	Change or cancellation of Resource Consent Condition	29 September 2016
RMS16056	41 Te Awa Avenue	Carol Sarich & Peter Sarich	Residential subdivision to create one additional lot (two in total)	Subdivision - Controlled	30 September 2016
RMS16057	6 West Place	Jiali Huang & Chi-Shan Niu	Residential subdivision to create one additional lot (two in total)	Subdivision - Controlled	30 September 2016

 

 

 

 

Consent Number	Site Location	Applicant	Proposal	Activity Status	Decision Date
RM160107	62 Vigor Brown Street	Michael Faulkner & Amanda Faulkner	Additions/alterations to an existing dwelling resulting in yard & height infringements	Land Use - Restricted Discretionary	4 October 2016
RMS16058	85 Munroe Street	KiwiRail Limited	Fringe Commercial subdivision creating one additional lot (two   in total) with railway corridor as a balance lot	Subdivision - Discretionary	7 October 2016
RM160113	15 Whakarire Avenue	Dennis Glenn & Philippa Glenn	Repairs & maintenance to an existing dwelling that results in a heigh infringement within the Northern Residential zone	Land Use - Restricted Discretionary	10 October 2016
RM160114	10 Humber Street	Napier City Council	Install water safety signage exceeding the maximum area provision within the Estuary zone	Land Use - Restricted Discretionary	19 October 2016
RM160115	77 Mcelwee Street	Wiremu & Eriaka Pearson	Construct a dwelling & supplementary dwelling which infringe a yard provision within the Jervoistown zone	Land Use - Discretionary	19 October 2016
RM160119	95 Ford Road	Integrating Architecture Limited	Additions/alterations to create a commercial kitchen within the Large Format Retail zone	Land Use - Discretionary	19 October 2016
RM160117	98A Te Awa Avenue	D M Horgan	To construct additions to existing dwelling and garage resulting   in yard, coverage & open space infringements within the Main Residential zone	Land Use - Restricted Discretionary	20 October 2016
RM160111	50 Waitangi Road	Hawkes Bay Protein Limited	Earthworks & building works affecting a site of significance to local Maori (Group 4 heritage item) & earthworks upon a HAIL site	Land Use - Discretionary	27 October 2016

 

 

Consent Number	Site Location	Applicant	Proposal	Activity Status	Decision Date
RMS16066	525 Brookfields Road	CE Fairey Family Trust	Main Rural subdivision creating a total of four lots	Subdivision - Controlled	15 November 2016
RMS16067	367 Brookfields Road	Fairey Family Trusts	Main Rural subdivision creating a total of two lots	Subdivision - Controlled	15 November 2016
RMS16068	122 Puketapu Road	Silver Lake Trust	Rural residential boundary adjustment	Subdivision - Controlled	15 November 2016
RM160127	34 Elliott Street	Sue Grant & Jo Demanser Partnership	Relocated dwelling within the Main Residential zone	Land Use - Controlled	16 November 2016
RMS16064	51 Taradale Road	Survey Services Hawkes Bay Limited	Residential subdivision to create one additional lot (two in total)	Subdivision - Controlled	16 November 2016
RM160139	70 Corunna Bay	Brown Partnership	Construction of 10 stoarage sheds resulting in infringements in relation to height, yards, landscaping & vehicle manoeuvring/loading within the Suburban Industrial zone	Land Use - Restricted Discretionary	18 November 2016
RM160118	67 Carlyle Street	HBT Properties Limited	Alterations to an existing commercial building with associated earthworks	Land Use - Discretionary	21 November 2016
RM160152	7 Leicester Avenue	Foodstuffs North Island Limited	Section 127 variation to approved Resource Consents (RM140109 & RM150103) to facilitate changes to signage & fencing as part of Tamatea Pak n Save redevelopment	Land Use - Discretionary	21 November 2016
RM160156	107 Carlyle Street	Bayswater Vehicles Limited	Variation to approved Resource Consent RM150135 to allow additional signage within the Fringe Commercial zone	Change or cancellation of Resource Consent Condition	21 November 2016
RM160146	5 Mersey Street	Liqueo Bulk Storage Limited	Detailed Site Investigation has been carried out on site requiring site management plan and remedial activities	Land Use - Controlled	22 November 2016
RMS16069	100 Milton Road	M S Marsh	Residential subdivision creating a total of six lots accommodating six existing dwellings	Subdivision - Restricted Discretionary	22 November 2016
RMS16070	103 King Street	M W Jackson	Main Residential subdivision creating three additional lots (four   in total)	Subdivision - Controlled	22 November 2016
RMS16071	39 Pandora Road	Harrison Bentley Limited	Mixed Use zone subdivision creating 10-lots & road to vest in Council	Subdivision - Restricted Discretionary	22 November 2016
RMS16073	12 Severn Street	Alex Hayes Log Transport Limited	Main Industrial zone boundary adjustment/subdivision (no new lots created)	Subdivision - Controlled	22 November 2016
RM160128	161 Marine Parade	Wallace Development Company Limited	Demolition of a Group 2 Heritage Item (Norfolk House)	Land Use - Discretionary	23 November 2016
RM160147	18 Maadi Road	J Singh	Establish a residential unit within the ground floor of an existing retail shop within the Suburban Commercial zone	Land Use - Restricted Discretionary	23 November 2016
RM160159	85 Hill Road	Jo Demanser & Shaun Demanser	Extension to an existing dwelling which infringes the 6m rear yard control within the Rural Residential zone	Land Use - Restricted Discretionary	24 November 2016
RMS16074	54 Harpham Street	Marie Elsmore & Warwick Elsmore	Section variation to RMS14035 to change access to lot 2 and create a new residential vehicle crossing	Change or cancellation of Resource Consent Condition	24 November 2016
RM160120	000 Watchman Road	New Zealand Transport Agency	Construction of the Watchman Road/State Highway 2 round about with associated earthworks	Land Use - Discretionary	25 November 2016

 

 

 

5.2   Attachments

Nil

 

  

PUBLIC EXCLUDED ITEMS

 

That the public be excluded from the following parts of the proceedings of this meeting, namely:

 

New Reports

1.      Land Purchases

Reports from Finance Committee held 29 November 2016

1.      Hawke's Bay Airport Limited Shareholders Report for September Quarter Financial Year 2016/17

2.      Embankment Bridge - Integrated Structure with Rail Corridor

Reports from Audit and Risk Committee held 1 December 2016

1.      Napier City Council Investment and Debt Report

2.      Health and Safety Report 30 September 2016

3.      Review of Payroll for Overtime and Time in Lieu

4.      Audit NZ - Management Letter 2015/16

5.      DRAFT Multi Use Sports Facility Business Case

6.      Review of Procurement at City Services (The Depot)

7.      Risk Register October 2016

8.      Napier City Council Internal Audit Status Report

 

 

The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:

 

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION IN RELATION TO EACH MATTER That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:	GROUND(S) UNDER SECTION 48(1) TO THE PASSING OF THIS RESOLUTION 48(1)(a) That the public conduct of the whole or 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 would exist:
New Reports
1.  Land Purchases	7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
Reports from Finance Committee held 29 November 2016
1.  Hawke's Bay Airport Limited Shareholders Report for September Quarter Financial Year 2016/17	7(2)(c)(i) 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 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 7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
2.  Embankment Bridge - Integrated Structure with Rail Corridor	7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
Reports from Audit and Risk Committee held 1 December 2016
1.  Napier City Council Investment and Debt Report	7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
2.  Health and Safety Report 30 September 2016	7(2)(d) Avoid prejudice to measures protecting the health and safety of members of the public	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
3.  Review of Payroll for Overtime and Time in Lieu	7(2)(c)(i) 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 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	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
4.  Audit NZ - Management Letter 2015/16	7(2)(g) Maintain legal professional privilege	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
5.  DRAFT Multi Use Sports Facility Business Case	7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
6.  Review of Procurement at City Services (The Depot)	7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
7.  Risk Register October 2016	7(2)(e) Avoid prejudice to measures that prevent or mitigate material loss to members of the public	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
8.  Napier City Council Internal Audit Status Report	7(2)(c)(i) 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 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	48(1)A That the public conduct of the whole or 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 would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.