Meeting Date: |
Tuesday 13 February 2018 |
Time: |
3.00pm |
Venue: |
Council Chamber |
Committee Members |
Piri Prentice (In the Chair), Councillor Apiata Tapine, Liz Ratima, Tiwana Aranui, George Reti, and Mayor Dalton |
Officer Responsible |
Director Community Services |
Administration |
Governance Team |
|
Next Māori Consultative Committee Meeting Tuesday 27 March 2018 |
Māori Consultative Committee - 13 February 2018 - Open Agenda
ORDER OF BUSINESS
Karakia
Apologies
Nil
Conflicts of interest
Public forum
Announcements by the Chairperson
Announcements by the management
Confirmation of minutes
A copy of the Minutes from the meeting held on Wednesday, 13 December 2017 are attached on page 119
New Items for Māori Consultative Committee
Reports from Standing Committees
Reports from Strategy and Infrastructure Committee held 30 January 2018
1 Leasehold Land Policy Review....................................................................................... 3
2 Summer Street Party - Sale of Food.............................................................................. 90
3 Temporary Liquor Ban - Mission Concert ..................................................................... 93
4 Herschell and Byron Street Parking Reconfiguration..................................................... 99
5 Ground lease - Eskview and Districts Rugby Football Club Incorporated..................... 104
6 15 Craven Terrace, land legalisation - land to be declared road.................................. 107
7 Joint Council Waste Futures Project Steering Committee - Minutes - 23 Nov 2017..... 112
Māori Consultative Committee - 13 February 2018 - Open Agenda
Reports from standing committees
MĀORI CONSULTATIVE COMMITTEE RECOMMENDATION That the Māori Consultative Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration. |
Reports from Strategy and Infrastructure Committee held 30 January 2018
1. Leasehold Land Policy Review
Legal and Operational |
|
Legal Reference: |
Local Government Act 2002 |
Document ID: |
430497 |
Reporting Officer/s & Unit: |
Richard Munneke, Director City Strategy Kim Anstey, Planner Policy/Analyst Bryan Faulknor, Manager Property |
1.1 Purpose of Report
The purpose of this report is for Council to consider a review of the Investment Property Portfolio policy through the long term plan process.
Councillors Brosnan / Taylor That Council
a. Direct officers to consult on the proposed Investment Property Portfolio policy changes as part of the Long Term Plan process, including the following amendments:
· To allow freeholding of specific land identified in the June 2016 Boffa Miskell report “Napier City Investment Portfolio: Urban Landscape Strategic review” as non-strategic, on a case by case basis and only when alternative and suitable investments can be found. · That recommendations on the freeholding of all identified non- strategic land be considered by the Audit and Risk Committee in the first instance for recommendation to Council. · That the sale of leasehold land be a delegation of Council. · That a divestment procedure be established and approved by Council resolution prior to the release of any leasehold land, should the policy be adopted.
Carried
|
Napier City Council’s Investment Property Portfolio is listed as a strategic asset in Council’s Significance and Engagement Policy. The portfolio consists of 76 commercial/industrial properties distributed across the city, with the majority of properties situated in Onekawa, Ahuriri and Pandora. The current policy states that Council will retain the Investment Property Portfolio in its entirety. The policy has been reviewed several times in the past. Council’s current performance measures requires a review of the Portfolio every 3 to 5 years. In 2013, Council conducted a special consultative procedure and hearing. The outcome of this was that Council considered it did not have strategic information to manage the risk of a policy change. Council have commissioned two subsequent reports on the options of divesting all or part of its leasehold land portfolio to inform its decision making (Attachments A and B).
1.3 Issues
Leasehold land and re-investment – CBRE report
There exists some negative sentiment in the community towards leasehold land. While the financial position of individual investors is not a concern of Council, a lack of appetite for leasehold land has a degree of impact on owners and investors of leasehold property. Council has had numerous requests from lessees requesting the right to freehold their site. There is additional concern that leasehold land may have a detrimental impact on business investment and redevelopment of specific sites.
In response to these issues, Council commissioned CBRE to review Council’s leasehold land properties. The brief was to summarise the portfolio’s characteristics and its financial performance historically, and provide comment on performance expectations moving forward. Further the report considered whether leasehold land tenure was having a detrimental impact on reinvestment in the city and whether or not a better option was to freehold some, or all of these properties. The report published in 2015 and updated in March 2016 concluded that to date, leasehold tenure does not appear to have materially distorted the local property market for industrial business. Yet looking forward and using comparisons from other locations, the report concludes that leasehold tenure has the potential to delay or inhibit redevelopment potential on specific sites, relative to freehold tenure. The level of investment in sites with leasehold tenure is generally lower than those with freehold tenure, which lowers the appeal to investors and prospective tenants. It should be noted however, that Council is not the only holder of leasehold land in Napier.
It is intended to update the CBRE report prior to public consultation to include updated financial information.
Boffa Miskell Report
Council recognise the benefits of leasehold land, financial and otherwise and therefore have previously indicated the importance of retaining the leasehold properties that are strategic in nature. To complement the CBRE report, Council commissioned Boffa Miskell to develop a methodology that provides a clear and transparent basis for determining the properties strategic value in terms of their public space and urban landscape potential. This assessment determined that a number of properties had no particular public space, urban or landscape attributes or potential that would warrant Council holding on to them for this reason. The majority of these properties were located in the Onekawa Industrial area. Some of these properties are entirely surrounded by freehold properties and in some cases a building may straddle multiple land ownership structures.
Another portion of properties were assessed as having potential for creating improved community outcomes and value for the area. The report recommended to retain these properties for now, and undertake further design and planning investigations in regards to their future use. The majority of these properties were located on the waterfront in Ahuriri and Pandora.
Leasehold land returns
At 30 June 2017, the Investment Property Portfolio was valued at approximately $34.8m. Currently it generates approximately $1.7m in rental revenue.
Property is a low risk investment and provides a reasonably predictable income stream. However, there are uncertainties to consider in that there is no guarantee that historic returns will continue and the cash return relative to capital invested is low. The value of the land assets fluctuates with the Napier property market.
Importantly, the 2015 CBRE report recommended caution in divesting in any leasehold land assets in order to obtain maximum benefit to ratepayers. Council would need to ensure its investment policy was fit for purpose so that any decisions about reinvestment ensures equivalent ongoing income, and that any sale of property realises their maximum value. Under the Hawke’s Bay Endowment Land Empowering Act 2002, Council is required to direct funds received from leasehold land to the improvement, protection, management, or use of the Inner Harbour and the coastal marine area.
1.4 Significance and Consultation
The portfolio is listed as a strategic asset in the significance and engagement policy and therefore any decision to transfer the ownership of the portfolio (whole or part) must be provided for in the long-term plan (LGA Section 97). Consultation on the policy can take place through the long term plan process. Council has consulted on this policy previously in 2013 with a decision made to retain the ‘no sell’ policy. This consultation process highlighted that information gaps existed around determining which properties to sell and that secure processes for reinvestment needed to be in place before a decision to sell was to be made. As stated above, there has been considerable refinement as to which properties to sell through the Boffa Miskell report. However, questions around reinvestment remains.
1.5 Implications
Financial
There are no immediate financial implications from consulting on this policy change via the long-term plan. However, if the outcome of the consultation process is that Council amend the policy to allow flexibility to sell certain non-strategic properties on a case by case basis, then the Investment policy will need to be firmed up to accommodate a long-term investment horizon. The decision to sell any property would need to be made on the basis that an alternative investment could be found with similar and/or improved returns so the financial implications for ratepayers is negligible.
Social & Policy
Council is often approached by lessees requesting to freehold their site. The issues that have been raised in relation to freeholding are:
a. Could Council receive a better return on an alternative investment that would provide a better or equivalent benefit?
b. Are there risks associated with having all of Councils property investment portfolio located in Napier?
c. Is the portfolio having a significant impact on re-investment in Napier?
The social and policy implications of this decision will be minimal providing that if a decision is made to freehold a property, alternative reinvestment can be found. Amending the policy would have an effect of giving Council more flexibility and control to make decisions that benefit the community as a whole.
Risk
There is a small amount of risk if Council choose not to propose a change to the policy. This decision would likely disappoint those leaseholders wishing to freehold their site. Alternatively, there is a certain amount of risk in changing the existing ‘no sell’ policy. Council may get multiple requests from leaseholders to sell specific properties and challenges would exist in finding equivalent investment opportunities and to avoid an impact on rates. Also sale proceeds may be ‘drip-fed’ to Council over time making reinvestment more difficult because of a lack of scale. To mitigate these risks, the decision to sell any property would remain a delegation of Council that would be supported by a robust investigation process on any potential asset sale and reinvestment opportunities.
1.6 Options
The options available to Council are as follows:
a. That Council make no change to Councils leasehold land policy and retain all commercial/industrial leasehold land portfolio in its entirety.
b. That Council amend the investment property portfolio to allow freeholding of all commercial/industrial properties.
c. That the proposed Investment Property Portfolio policy changes are consulted on as part of the Long Term Plan process that includes the following amendments:
i. To allow freeholding of specific land identified in the Boffa Miskell report as non-strategic, on a case by case basis and only when alternative and suitable investments can be found.
ii. That recommendations on the freeholding of all identified non- strategic land be considered by the Audit and Risk Committee in the first instance for recommendation to Council.
iii. That the sale of leasehold land be a delegation of Council.
iv. That a divestment procedure be established and approved by Council resolution should the policy be adopted.
1.7 Development of Preferred Option
The current policy provides no flexibility for freeholding specific, non-strategic assets that if sold, could assist in the redevelopment of industrial and/or commercial land in Napier and stimulate private investment. Introducing some flexibility in the policy will allow Council to consider each leasehold property on its merits so that any decisions relating to such land is made with the best intentions for the future of Napier. Freeholding specific properties will enable diversification of the Councils investment portfolio which will reduce market exposure risks. Amending the policy to allow freeholding of all properties, regardless of their strategic nature, is not recommended on the basis that this would create undue risk for Council and ratepayers. Using the Boffa Miskell report as guidance to determine the strategic nature of each property and performing an investigation into sale and reinvestment opportunities on a case by case basis, gives Council the ability to adapt to current market conditions to ensure maximum benefit to ratepayers. It is envisioned that a detailed procedure for divestment of specific properties would be developed and approved by Council should the preferred option be adopted.
In response to questions from Councillors it was clarified that: · The Hawke’s Bay Land Empowering Act applies to revenue generated rather than capital gained from a sale; more clarification on this will be provided as and when any sales are proposed. · The Act allows Council to sell leasehold land at its discretion; regardless of where the land is located. The income from the sale would be ring-fenced for reinvestment in another revenue producing asset. All the proceeds are targeted for use in the marine/ harbour area. · Funding the inner harbour is important for Council to protect on behalf of rate payers. Each potential sale would be approached on a case by case basis and assessed by the Audit and Risk Committee to ensure that the lease is being replaced by an appropriate other income opportunity. · Previous consultation on the topic had indicated strong support from current lessees. There were very few submissions raising concerns, and most of these noted that ensuring that investments were protected on behalf of ratepayers was the key focus. Council agrees that this is extremely important and any proposed sale would only progress should an equally or more lucrative replacement investment have been found.
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1.8 Attachments
a Boffa Miskell Report - June 2016
b CBRE Report - March 2016
2. Summer Street Party - Sale of Food
Operational |
|
Legal Reference: |
Local Government Act 2002 |
Document ID: |
440277 |
Reporting Officer/s & Unit: |
Fleur Lincoln, Strategic Planning Lead |
2.1 Purpose of Report
To obtain a Council resolution to allow food trucks to operate within Emerson Street at the upcoming Summer Street Party on 17 March 2018 in accordance with the Trading in Public Places Bylaw 2014.
Councillors Wise / Brosnan That Council
a. Allow mobile food vendors to operate within the public spaces of Emerson Street on the 17th March 2018 as part of the Summer Street Party event, and as approved by Council’s events team.
Carried
|
Napier and the Hawke’s Bay region has a number of weekends coming up when it is expected the number of visitors in the CBD will be considerable, due to events, public holidays and cruise ship visits. Two such weekends are the weekend of 3rd February 2018 which has two cruise ships in Port, and has a sold out concert at Black Barn Winery; and Saturday 17th March 2017, where there will be many visitors in the city as a result of the Horse of the Year event, and the Mission Concert.
To take advantage of this influx of visitors, Napier City Council and the Napier City Business Inc have organised a summer street party in Emerson Street on these two dates. The events will showcase Napier as a fun and exciting city, create a party atmosphere for visitors and locals, and will transform the street into a safe, people-prioritised space. Emerson Street will be closed to traffic on these days, and two entertainment zones are planned for the crowds. Dalton Street, between the intersections of Tennyson and Dickens Streets, will also be closed to allow for unimpeded pedestrian flow along the length of Emerson Street. A Traffic Management Plan will be in place.
At the event to be held on the 17th March 2018, the events team are looking to provide food offerings on the street. This option is currently being offered to existing food operators in the city, however if no businesses take up this opportunity, the team will offer this chance to mobile food vendors. The Trading in Public Places Bylaw 2014 prohibits mobile food vendors in the CBD unless a specific resolution of Council has been obtained.
2.3 Issues
It is possible that existing food operators in the City may disapprove of this proposal. The events team have offered the opportunity to extend existing food operators current service to the street. If none, or too few take up this opportunity then the events team will encourage mobile food vendors into the street.
Large crowds are expected in the City on this day, and this event presents an opportunity for both existing food providers and locally-based mobile vendors to benefit.
2.4 Significance and Consultation
Zoe Barnes, Napier City Business Inc, has circulated information to CBD retailers about the events. The events team have also approached food operators in the CBD about their involvement, and have encouraged retailers to display their wares on the footpath outside their stores. The road closure notice has followed the standard procedures of notification. The events team will carry out a letter drop to offices and apartments on the upper floors of Emerson Street buildings.
Initial feedback from retailers about the event has been mostly positive.
2.5 Implications
Financial
Costs associated with these events will be covered through the City Vision budget and various existing budgets across Council and Napier City Business Inc. The event is not expected to cost a significant amount as the only paid services will relate to entertainment for kids and families.
Social & Policy
The sale of goods in public spaces in the CBD is prohibited under the Trading in Public Places Bylaw 2014. A specific resolution of Council enables this event to be excluded from this Bylaw.
Risk
N/A
2.6 Options
The options available to Council are as follows:
a. Allow the sale of goods in the public spaces of Emerson Street on the 17th March 2018 as part of the summer street party.
b. Disallow the sale of goods in the public spaces of Emerson Street on the 17th March 2018 as part of the summer street party.
2.7 Development of Preferred Option
The resolution of Council to allow the sale of food items within the street on Emerson Street will provide the opportunity to bring in mobile food vendors for this event. The first opportunity to trade on the street will be offered to existing food operators in the city. If this is not taken up, the events team will approach a few local mobile food vendors, which will cover the expected increased demand for food in town on that date.
In response to questions from Councillors it was clarified that: · Consultation with retailers in the Emerson Street area was undertaken by the Napier City Business Association on behalf of Council. · Feedback was primarily positive on the street party. · Retailers wanted assurances that food trucks offering similar food to them would not be positioned in front of their premises, so positioning was important. They did note that, should the Mission Concert proceed, the food trucks would help relieve pressure on the cafes from the large numbers of people in the city. · Council staff have worked with the tour operators to provide an alternate route down Dalton Street.
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2.8 Attachments
Nil
Maori Consultative Committee - 13 February 2018 - Open Agenda
3. Temporary Liquor Ban - Mission Concert
Legal and Operational |
|
Legal Reference: |
Local Government Act 2002 |
Document ID: |
429442 |
Reporting Officer/s & Unit: |
Hayleigh Brereton, Manager Regulatory Solutions |
3.1 Purpose of Report
To consider the formal request from New Zealand Police for a temporary liquor ban on the roads adjacent to the Mission Estate Winery during the 2018 concert.
Councillors McGrath / Brosnan That Council
a. Approve, pursuant to section 147 of the Local Government Act 2002 and the Napier City Council Public Places Liquor Control Bylaw 2014, the following areas as a “Specified Public Place” where the consumption, possession and bringing of liquor into is prohibited from 09.00 am to 12.00 midnight on Saturday 17 March 2018.
The area to be designated as a “Specified Public Place” are all those public places, reserves, roads and footpaths on both sides of the road within the area described as:
Church Road from Wharerangi Road to Kent Terrace Avenue Road from Church Road to Avondale Road Mission Road from Church Road to Auckland Road Montpelier Drive full length Tironui Drive full length Irene Mooney Place full length Bishops Close full length Pukekura Place full length Ennor Place full length
Carried
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The application is made pursuant to Council’s Public Places Liquor Control Bylaw 2014 Clause 4 which states:
“From time to time additional areas may be designated as a Specified Public Place for particular time periods, related to specified events or times of the year. Where additional areas are so designated, a minimum of 14 days public notice shall be given prior to the event or particular time of years, specifying the additional areas, and the period when the specification applies. Public notices shall also be affixed in or adjacent to the additional specified public place(s) at such times that the liquor control applies.” [Extract]
The request is made by Senior Sergeant Ross Smith of New Zealand Police. Police are requesting that a temporary liquor ban is imposed on the roads adjacent to Mission Estate Winery during the 2018 Mission Concert to ensure a safe and friendly experience for all those attending and for the residents within the area.
The liquor ban would encompass all public places, reserves, roads and footpaths on both sides of the road within the area described as:
Church Road from Wharerangi Road to Kent Terrace
Avenue Road from Church Road to Avondale Road
Mission Road from Church Road to Auckland Road
Montpelier Drive full length
Tironui Drive full length
Irene Moody Place full length
Bishops Close full length
Pukekura Place full length
Ennor Place full length
Please refer to the map at Attachment A.
It should be noted that the Council has imposed temporary liquor bans for previous Mission Estate Vineyard concerts. This request is identical to the 2017 Mission Concert Liquor ban.
3.3 Issues
The concert hosts approximately 25,000 guests. At previous years events Police have experienced issues with anti–social behaviour on the streets in and around the concert venue. There have been issues with littering of glass bottles and cardboard in the areas.
Liquor bans are enforced by the New Zealand Police. Under sections 169 and 170 of the Local Government Act 2002, police have powers of search, seizure, infringement notice and arrest for the specified times and places that an alcohol ban applies. Council has no role in police response or enforcement of liquor bans.
3.4 Significance and Consultation
The Public Places Liquor Control Bylaw 2014 requires public notification at least 14 days before the event. If approved Public notices will be displayed at all major entry points to the designated Specified Public Place and published in the Councils ‘Informing Napier’ advertisement in the Napier Mail.
3.5 Implications
Financial
There are some minor costs associated with creating the signage and public notices of approximately $1000. This will be paid from existing budgets
Social & Policy
The liquor ban aligns with the objectives of the recently adopted Joint Alcohol Strategy, particularly Objective 2: Foster Safe and responsible events and environments.
Liquor bans reduce the level of anti-social behaviour and will assist police in ensuring a safe and friendly environment for patrons and residents in the surrounding streets.
Risk
If there is no liquor ban in place there is risk of alcohol related harm occurring. There is a risk that the police would not have the enforcement tools available to effectively manage any anti-social behaviour associated with liquor.
3.6 Options
The options available to Council are as follows:
a. A temporary liquor ban for the roads adjacent to the 2018 Mission Estate Concert be approved.
b. That no liquor ban be in place for the 2018 Mission Estate Concert.
3.7 Development of Preferred Option
The preferred option is to support the NZ Police request for the temporary liquor ban of the 2018 Mission Estate Concert.
In response to questions from Councillors it was confirmed that: · Signage will be up in affected streets advising the public that they are now in a liquor ban area. Rubbish bins can be placed by the signs and in the area so that any bottles and cans are not left on the street.
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3.8 Attachments
a Temporary Liquor Ban - Mission Concert 2018 - Map
b Temporary Liquor Ban - Mission Concert 2018 - Formal Request letter from NZ Police
4. Herschell and Byron Street Parking Reconfiguration
Legal and Operational |
|
Legal Reference: |
Traffic Regulations |
Document ID: |
433679 |
Reporting Officer/s & Unit: |
Hayleigh Brereton, Manager Regulatory Solutions |
4.1 Purpose of Report
To formalise the Herschell Street off street car parking reconfiguration and the Byron Street on street parking charge resulting from the relocation of the Napier Public Library.
That Council a. Convert the Herschell Street car park from a leased car park to a pay and display car park. b. Convert the on street car parking on Byron Street to pay and display c. Set the tariff for car parking at $1.00 per hour for both the car park and on street parking.
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The library relocation to the MTG is underway and the library is due to open on the 7th February 2018. It has been identified that there may not be sufficient parking in the area to cater to the intensified use. Reconfiguration of the Herschell Street carpark provides an opportunity to increase efficiencies and provide additional parking spaces.
4.3 Issues
The Herschell Street car park has been a mixed use car park offering both leased spaces and 15 pay and display spaces. The car park is spacious and offers opportunity to improve efficiencies and provide additional car parking spaces.
The northern end of the CBD has limited off street car parking options, Council receives considerable feedback regarding the lack of all-day casual car parking opportunity in this area of the CBD. Additionally the multi-use of the car park as both leased and pay and display creates frustration and confusion for users with a common tendency to park in the ‘wrong’ area.
There are also 20 on-street car parks on Byron Street that are time limited and currently utilised at no charge. This is inconsistent with the surrounding provision of car parks and mean these spaces are often utilised with very little turnover.
The draft 2017 parking survey found parking levels on Byron Street and within the pay and display levels were averaging over 85% occupancy. This indicates a high demand for parking within this area and at a level well over desirable occupancy. Providing a price incentive for parking in Byron Street should help manage demand for these spaces.
Council has utilised TDG to undertake a layout review of the Herschell Street Car Park. Conceptual drawings have increased the number of car spaces from 57 to 72 (see Attachment A), an increase of 15 spaces. This will result in an overall gain of 37 new pay and display car parking spaces (excluding the existing 15 pay and display) if 22 leased spaces are converted to pay and display. The process for leased car park relocation is underway and we will endeavour to accommodate their needs where possible.
Technical drawings are currently underway. It is likely that the reconfiguration of the car park will take 4 weeks and require the car park to be partially closed while this is undertaken.
When the car park is reopened it is proposed to be a Pay and Display car park apart from 20 leased car parks to the Art Deco Masonic Hotel as the hotel does not have on site car parks. The leased car parks would be well marked with clear signage installed and located in the rear of the car park to reduce confusion.
The use of the car park will change to predominantly all day parking, which will add an additional 37 spaces for the pay and display car park (excluding the existing 15 pay and display).
4.4 Significance and Consultation
There are a small number of affected parties such as, those individuals who lease carpark spaces from Council in the area, including the Art Deco Masonic Hotel. Efforts are being made to relocate lessees to alternative locations.
We have engaged with the affected parties in the following ways:
· Consultation with the Art Deco Masonic Hotel on the conceptual parking layout. The Hotel have voiced their support and willingness to work with Council on a mutual solution.
· Planned consultation to all lessees on their car parking alternatives, if car park is to be approved. However the option of remaining in this area is not available to any of the lessees other than the Art Deco Masonic Hotel.
4.5 Implications
Financial
The costs associated with signage, remarking, installation of pay and display machines etc. are relatively minor and can be accommodated within existing operational budgets.
The reconfiguration of the Herschell Street carpark has budget allocated to it, sourced from revenue that is required to be spent on providing additional CBD parking.
The car park is not proposed to have a reduced rate for all day parkers. In the northern CBD the high demand for parking and the transactional nature of the potential users. It should be noted that this is not unusual and the Lower Tiffin car park operates similarly.
Social & Policy
The reconfiguration of the site is consistent with the parking occupancy data and the draft parking strategy and will meet anticipated needs for public car parking from the temporary library.
Risk
The risk associated with this proposal centres around the “do nothing” option. Council has a responsibility to provide adequate parking within the CBD and generates revenue for this specific purpose. The relocation of the library will further increase pressure on the northern CBD and the demand for casual parking from this location will continue to increase. Removing the confusion from the car park and providing additional off street car parking should improve Councils provision of car parking options in this part of the city.
4.6 Options
The options available to Council are as follows:
a. Do nothing
b. Confirm the reconfiguration of the Herschell Street car park and Byron Street to ensure sufficient provision of car parking for the northern CBD.
4.7 Development of Preferred Option
The preferred option is to reconfirm the reconfiguration of the Herschell Street car park to provide additional spaces and change the primary use to pay and display. Additional work is being completed at the northern waterfront car park to improve efficiencies and create additional all day car parking spaces where possible. This option allows additional casual car parking to be gained in the northern CBD without acquiring additional property.
In response to questions from Councillors it was advised that: · Disability parks have been provided around the Library/ MTG complex. The plan will be reviewed to ensure appropriate numbers of disability parks are included in the wider affected area. · Council staff have been working closely with the Masonic to ensure there is less confusion between public parking, leased parking and the parking for the hotel. · Other current parking lessees are being offered other options around the area as these become available.
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4.8 Attachments
a Conceptual Parking Layout for Herschell Street
5. Ground lease - Eskview and Districts Rugby Football Club Incorporated
Legal |
|
Legal Reference: |
Reserves Act 1977 |
Document ID: |
434200 |
Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer |
5.1 Purpose of Report
To obtain Council approval to grant a new ground lease to the Eskview and Districts Rugby Football Club Incorporated for the land occupied by the Club’s building on Petane War Memorial Domain for a term of 15 years with one 15 year right of renewal.
Councillors Taylor / White That Council:
a. Approve a new ground lease be granted to the Eskview and Districts Rugby Football Club Incorporated for the land occupied by the Club’s building on Petane War Memorial Domain for a term of 15 years with one 15 year right of renewal.
b. Approve that the terms and conditions of the lease will be as per Council’s standard terms and conditions for leases of Reserve land to community groups. The initial ground rental will be a nominal rental of $200.00 plus GST per annum, reviewed annually according to the method laid out in the standard terms described above.
Carried
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Council is the owner of an area of land known as Petane War Memorial Domain which is vested in the Council pursuant to the Reserves Act 1977.
Under the Act, Council, acting under delegated authority from the Minister of Conservation can and does, enter into leases with community groups to occupy areas of Reserve land.
The Eskview and Districts Rugby Football Club Incorporated is an incumbent tenant of the Petane War Memorial Domain. The Club has been a tenant of the land for a number of years. The previous ground lease has expired and a new lease needs to be entered into to provide certainty and clarity for both the Council and the Club.
The lease area is shown on the attached plan outlined in orange.
The terms and conditions of the proposed lease are as per Council’s standard terms for leases of Reserve land to community groups. The ground rental is calculated according to the method by which Council sets all its rentals for community organisations on Reserve land and is reviewed annually.
5.3 Issues
There are no issues.
5.4 Significance and Consultation
This matter is operational and business as usual and does not require community engagement.
5.5 Implications
Financial
There are no significant financial implications to the proposed new lease.
Social & Policy
Not applicable.
Risk
Not applicable.
5.6 Options
The options available to Council are as follows:
a. (Preferred option): To enter into a new ground lease with the Eskview and Districts Rugby Football Club Incorporated for a term of 15 years with one 15 year right or renewal.
b. To not enter into a new lease with the Eskview and Districts Rugby Football Club Incorporated and instead manage the tenancy under the terms of the Property Law Act on a month by month basis.
5.7 Development of Preferred Option
Option (a) is the preferred option as it provides greater certainty for the Eskview and Districts Rugby Football Club Incorporated.
There was no discussion on this item.
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5.8 Attachments
a Eskview & Districts Rugby Football Club Inc
6. 15 Craven Terrace, land legalisation - land to be declared road
Legal |
|
Legal Reference: |
Public Works Act 1981 |
Document ID: |
434199 |
Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer |
6.1 Purpose of Report
To seek Council’s approval pursuant to Section 114 of the Public Works Act 1981 that the land in question be declared road.
Mayor Dalton / Councillor Wright That Council
a. Declare that, pursuant to Section 114 of the Public Works Act 1981, the land in the schedule below to be road. SCHEDULE
Hawke’s Bay Land District – Napier City
Carried
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In mid-2017 it was revealed that an historical anomaly exists at the rear of 15 Craven Terrace in that some of the formed road falls within the legal boundary of that property. The owner of the property has agreed that Council remedy the situation by redefining the boundaries to reflect the current physical situation.
6.3 Issues
To legalise the situation Council is required to purchase that piece of land which encroaches onto the formed road and vest it as road.
6.4 Significance and Consultation
The property owner has been consulted.
6.5 Implications
Financial
Funding for the compensation and land legalisation is to be provided from existing roading budgets.
Social & Policy
Not applicable.
Risk
Not applicable.
6.6 Options
The options available to Council are as follows:
a. (Preferred option): That Council approve the resolution required under the Public Works Act to enable matters to be finalised.
b. That Council decline the proposed land legalisation.
6.7 Development of Preferred Option
As the road encroaches on privately owned land it is only fair that the owner be compensated and that the legal boundaries are redefined.
In response to questions from councillors it was confirmed that: · The land was independently assessed and valued; market rates were used in the transaction.
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6.8 Attachments
a Craven Terrace aerial plan
b Craven Terrace SO Plan
Maori Consultative Committee - 13 February 2018 - Open Agenda
7. Joint Council Waste Futures Project Steering Committee - Minutes - 23 November 2017
Procedural |
|
Legal Reference: |
Local Government Act 2002 |
Document ID: |
430450 |
Reporting Officer/s & Unit: |
Deborah Smith, Governance Advisor |
7.1 Purpose of Report
To present to Council the draft Minutes of the Joint Council Waste Futures Project Steering Committee from 23 November 2017.
Councillors Brosnan / Tapine That Council
a. Receive the draft Minutes of the Joint Council Waste Futures Project Steering Committee from 23 November 2017.
Carried
|
The Joint Council Waste Futures Project Steering Committee met on 23 November 2017; the minutes are shown at Attachment A.
7.3 Issues
No issues
7.4 Significance and Consultation
N/A
7.5 Implications
Financial
N/A
Social & Policy
N/A
Risk
N/A
7.6 Options
To receive the minutes dated 23 November 2017.
7.7 Development of Preferred Option
N/A
In response to questions from Councillors it was confirmed that: · The consultation document uses a large number of illustrations to ensure a wide understanding of the questions as possible. The wording will also be reviewed to ensure it is as simple and easy to understand as possible for those whose primary language is not English and so on. Cr Brosnan advised that a meeting with private waste operators has been scheduled for 22 February 2018 to discuss the strategy and receive their feedback.
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7.8 Attachments
a Joint Council Waste Futures Project Steering Committee - Minutes - 23 November 2017
Māori Consultative Committee - 13 February 2018 - Open Agenda
Māori Consultative Committee
Open Minutes
Meeting Date: |
Wednesday 13 December 2017 |
Time: |
3pm - 3.29pm |
Venue |
Small Exhibition Hall Napier Conference Centre Marine Parade Napier |
Present: |
Piri Prentice (In the Chair), Councillor Apiata Tapine, Liz Ratima, Tiwana Aranui, Mayor Bill Dalton |
In Attendance: |
Chief Executive, Director Community Services, Strategic Māori Advisor, Manager Community Strategies |
Administrator |
Governance Team |
Karakia
A karakia was delivered by the Chair and responded to by Tiwana Aranui.
Apologies
Apologies |
Mayor Bill Dalton / Tiwana Aranui That the apologies from George Reti be accepted. Carried |
Conflicts of interest
Nil
Public forum
Nil
Announcements by the Chairperson
Nil
Announcements by Management
Nil
Confirmation of minutes
Mayor Bill Dalton / Tiwana Aranui That the Minutes of the meeting held on 1 November 2017 were taken as a true and accurate record of the meeting.
Carried |
New Items for Māori Consultative Committee
1. Update on Review of Māori Consultative Committee
Type of Report: |
Enter Significance of Report |
Legal Reference: |
Local Government Act 2002 |
Document ID: |
428400 |
Reporting Officer/s & Unit: |
Jane McLoughlin, Team Leader Governance |
1.1 Purpose of Report
To update the Committee on progress made of the review of the Māori Consultative Committee which has occurred since the last meeting.
At the Meeting The Strategic Māori Advisor spoke to the report noting that this is progressing well. The next step is to meet with the Mayor and Chief Executive to discuss the recommendation. The Mayor requested that this matter be treated with urgency in the new year to have this framework in place as soon as possible. |
MĀORI CONSULTATIVE COMMITTEE’S RECOMMENDATION Tiwana Aranui / Liz Ratima That the Committee: a. Receive the verbal updated provided by the Strategic Māori Advisor on the review of the Māori Consultative Committee.
Carried |
Reports from standing committees
MĀori Consultative Committee's Recommendation Tiwana Aranui / Liz Ratima That the Māori Consultative Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration. Carried |
Reports from Strategy and Infrastructure Committee held 22 November 2017
1. Hawke's Bay Drinking Water Joint Committee Terms of Reference
Type of Report: |
Operational and Procedural |
Legal Reference: |
Local Government Act 2002 |
Document ID: |
416006 |
Reporting Officer/s & Unit: |
Deborah Smith, Governance Advisor |
1.1 Purpose of Report
To present to Council the minutes of the inaugural meeting of the Hawke’s Bay Drinking Water Joint Committee and the ensuing Terms of Reference for adoption.
At the Māori Consultative Committee meeting The Mayor spoke to the report and advised that the likely result from the Havelock North Drinking Water Inquiry is that councils will be required to chlorinate drinking water. There will be push back from councils but the end result is likely to be chlorination. It was noted that Napier’s chlorination levels are much lower than other cities such as Auckland. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
|
Committee's recommendation Chairperson Price / Councillor Wise That Council
a. Receive the minutes of the inaugural meeting of the Hawke’s Bay Drinking Water Joint Committee, held on 24 October 2017.
b. Adopt the Terms of Reference for the Hawke’s Bay Drinking Water Joint Committee.
c. Agree the Mayor will be appointed as an alternate representative for Napier City Council on the Hawke’s Bay Drinking Water Joint Committee.
Carried
|
Reports from Regulatory Committee held 22 November 2017
1. Adoption and Notification of Plan Change 11 - Park Island Reconfiguration
Type of Report: |
Operational and Procedural |
Legal Reference: |
Resource Management Act 1991 |
Document ID: |
399787 |
Reporting Officer/s & Unit: |
Dean Moriarity, Team Leader Policy Planning |
1.1 Purpose of Report
The purpose of this report is for Council to adopt Plan Change 11 - Park Island Reconfiguration, its accompanying Section 32 report and authorise officers to publicly notify the change for public submissions. This plan change is to give effect to the newly adopted Park Island Master Plan (May 2017).
At the Māori Consultative Committee meeting There was no discussion on this item. |
Decision of Council Councillors White / Brosnan 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
|
Council Resolution |
Councillors Wright / Taylor a. That the Council resolve: b. That Council adopt Plan Change 11, its accompanying Section 32 report and authorise officers to publicly notify the change for public submissions. c. That the closing date for submissions be an extended period no less than 1.5x the statutory minimum of 20 working days after the date of public notification (to recognise and provide for the holiday period).
Carried
|
2. Temporary Liquor Ban - Christmas in the Park
Type of Report: |
Legal and Operational |
Legal Reference: |
Local Government Act 2002 |
Document ID: |
400881 |
Reporting Officer/s & Unit: |
Hayleigh Brereton, Manager Regulatory Solutions |
2.1 Purpose of Report
To consider the request from the New Zealand Police for a temporary liquor ban at Anderson Park and the surrounding roads during 2017 Christmas in the Park event.
At the Māori Consultative Committee meeting There was no discussion on this item. |
Decision of Council Mayor Dalton / Councillor Price 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
|
Council Resolution |
Councillors Hague / Wise a. That pursuant to section 147 of the Local Government Act 2002 and the Napier City Council Public Places Liquor Control Bylaw 2014. Council approve the following areas as a “Specified Public Place” where consumption, possession and bringing of alcohol into is prohibited from 1200 hours on the 9th December 2017 to 2359 hours on the 9th December 2017. b. That the following areas be designated as “Specified Public Place” are all those public, places, reserves, roads and footpaths on both sides of the road within the area described as; · Auckland Road from Lannie Place to York Avenue · Freyberg Avenue from York Avenue to Islington Place · Islington Place full length · Kennedy Road from Auckland Road to Taradale Road and 424 Kennedy Road · Taradale Road from Kennedy Road to adjacent to the boundary of 362 & 360 Taradale Road · York Avenue from Auckland Road to Freyberg Avenue
Carried
|
Reports from Finance Committee held 6 December 2017
1. revaluation of napier city 2017
Type of Report: |
Procedural |
Legal Reference: |
Local Government (Rating) Act 2002 |
Document ID: |
415248 |
Reporting Officer/s & Unit: |
Ian Condon, Revenue and Treasury Manager |
1.1 Purpose of Report
Quotable Value NZ (QV), Council’s contractor for rating valuation services, will make a presentation to Council on the triennial revaluation of Napier City recently undertaken.
At the Māori Consultative Committee meeting The Chief Executive clarified that the rating revaluation occurs every 3 years and does not necessarily result in rates increases. Any rates increases come from a Decision of Council as part of the Long Term Plan process. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Hague / Brosnan That Council
a. Receive the presentation.
Carried
|
2. Setting General Rates - Overview
Type of Report: |
Legal |
Legal Reference: |
Local Government (Rating) Act 2002 |
Document ID: |
412497 |
Reporting Officer/s & Unit: |
Ian Condon, Revenue and Treasury Manager |
2.1 Purpose of Report
To provide background information on the underlying basis and process for applying general rate differentials. The information will enable a better understanding of the purpose of other rating related items on the agenda, and how each relates to the rate setting process.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Wright / Price That Council a. Receive the report titled Setting General Rates – Overview.
Carried
|
3. Rating - 2017 Revaluation of Napier City
Type of Report: |
Procedural |
Legal Reference: |
Local Government (Rating) Act 2002 |
Document ID: |
412911 |
Reporting Officer/s & Unit: |
Ian Condon, Revenue and Treasury Manager |
3.1 Purpose of Report
To summarise the changes in rateable value resulting from the triennial revaluation of Napier City in 2017, and to outline the rating effect of the revaluation on broad property categories, and on a range of selected residential, commercial and industrial properties.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Wright / White That Council
a. Receive the report titled Rating – 2017 Revaluation of Napier City.
Carried
|
4. Allocation of General Rate-Funded Costs
Type of Report: |
Procedural |
Legal Reference: |
Local Government (Rating) Act 2002 |
Document ID: |
412969 |
Reporting Officer/s & Unit: |
Ian Condon, Revenue and Treasury Manager |
4.1 Purpose of Report
To review the allocation of general rate-funded costs between residential and non residential properties as part of the process of establishing the differential to apply to general rates following the 2017 revaluation of Napier City.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors White / Taylor
That Council
a. Approve the allocation of general rate funded costs on the basis of 70% residential / 30% non-residential, to apply from 1 July 2018.
Carried
|
5. Cost of Council Services Supplied to Bayview
Type of Report: |
Procedural |
Legal Reference: |
Local Government (Rating) Act 2002 |
Document ID: |
414420 |
Reporting Officer/s & Unit: |
Ian Condon, Revenue and Treasury Manager |
5.1 Purpose of Report
To review the assessed cost of general rates funded services provided to Bay View as part of the process of establishing the differential to apply to general rates following the 2017 revaluation of Napier City.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Brosnan / Tapine That Council
a. Approve that the differential applying to the Bay View Rating Area be adjusted for 2018/19 to enable the assessed cost of supplying general rate funded services to Bay View properties be fully recovered collectively from these properties.
Carried
|
6. Cost of Council Services Supplied to Rural Properties
Type of Report: |
Procedural |
Legal Reference: |
Local Government (Rating) Act 2002 |
Document ID: |
414427 |
Reporting Officer/s & Unit: |
Ian Condon, Revenue and Treasury Manager |
6.1 Purpose of Report
To review the assessed cost of general rates funded services provided to rural properties as part of the process of establishing the differential to apply to general rates following the 2017 revaluation of Napier City.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Wright / White That Council
a. Approve that the differentials applying to rural properties be adjusted for 2018/19 to enable the assessed costs of supplying general rate funded services to rural property to be recovered collectively from these properties.
Carried
|
7. Representation Review: Engagement Update
Type of Report: |
Information |
Legal Reference: |
Local Government Act 2002 |
Document ID: |
406865 |
Reporting Officer/s & Unit: |
Jane McLoughlin, Team Leader Governance |
7.1 Purpose of Report
To provide an update on the Representation Review project, data-gathering and pre-consultation phase.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Boag / Hague That Council:
a. Receive the report titled ‘Napier City Council Representation Review Survey’ prepared by SIL Research.
b. Note the summary report from Officers on the engagement undertaken during the pre-consultation phase of the Representation Review project.
c. Note that Officers will next report to Council early next year once modelling options have been prepared for consideration.
Carried
|
8. Quarterly Report for September 2017
Type of Report: |
Procedural |
Legal Reference: |
Local Government Act 2002 |
Document ID: |
423027 |
Reporting Officer/s & Unit: |
Caroline Thomson, Chief Financial Officer |
8.1 Purpose of Report
To consider the Quarterly Report on performance by Activity Group for the period 1 July 2017 to 30 September 2017.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Wise / Boag That the Committee a. Receive the Quarterly Report for the period 1 July 2017 to 30 September 2017.
Carried
|
9. Significance and Engagement Policy
Type of Report: |
Legal |
Legal Reference: |
Local Government Act 2002 |
Document ID: |
426034 |
Reporting Officer/s & Unit: |
Adele Henderson, Director Corporate Services Natasha Carswell, Manager Community Strategies |
9.1 Purpose of Report
1.1. The Local Government Act 2002, Section 76AA requires every local authority to adopt a policy setting out how the local authorities determine significance of proposals and decisions in relation to issues, assets and other matters. The policy determines how the criteria or procedure are applied and how the community engagement and/or consultation will be carried out.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION Liz Ratima / Tiwana Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Brosnan / Wright That Council: a. approve and adopt the Significance and Engagement Policy as attached.
Carried Councillor Tapine against
|
Reports from Community Services Committee held 6 December 2017
1. HOURS OF OPERATION - MTG HAWKE'S BAY AND NAPIER LIBRARIES
Type of Report: |
Operational and Procedural |
Legal Reference: |
Local Government Act 2002 |
Document ID: |
420487 |
Reporting Officer/s & Unit: |
Sally Jackson, Manager Visitor Experience |
1.1 Purpose of Report
To review the MTG Hawke’s Bay and the Napier Libraries hours of operation to better meet the needs of the community during the temporary co-location of the two facilities.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀori Consultative Committee's Recommendation Tiwana Aranui / Liz Ratima That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Hague / Boag That Council: a. Approve that commencing 7 February 2018, the MTG Hawke’s Bay and Napier City Library and the Taradale Library change its hours of operation to be open to the general public as follows: · The MTG Hawke’s Bay and temporary Napier City Library open Monday to Sunday 9.30am – 5.00pm, and · The Taradale Library open Monday to Friday 9.30am – 5.30pm and Saturday & Sunday from 10.00am – 4pm. b. Approve that the hours of operation for both the MTG Hawke’s Bay and the Napier Libraries are reviewed at the end of the temporary co-location period. Carried
|
2. Library Fees and Charges
Type of Report: |
Operational and Procedural |
Legal Reference: |
N/A |
Document ID: |
421204 |
Reporting Officer/s & Unit: |
Antoinette Campbell, Director Community Services |
2.1 Purpose of Report
To seek approval to remove the Reservations Fees in place for the Napier Libraries.
At the Māori Consultative Committee meeting There was no discussion on this item. |
Decision of Council Councillors Wright / Wise 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
|
Council Resolution |
Councillors Taylor / Hague That Council:
a) Approve that the Reservations Fees be removed from the Napier City Council Fees and Charges schedule effective immediately;
b) Review the removal of this fee at the end of the temporary transition period.
Carried
|
3. Joint Alcohol Strategy Review
Type of Report: |
Operational |
Legal Reference: |
N/A |
Document ID: |
422034 |
Reporting Officer/s & Unit: |
Michele Grigg, Senior Advisor Policy |
3.1 Purpose of Report
To update Council on the feedback process for the revised Joint Alcohol Strategy, and to request adoption of the revised Strategy.
At the Māori Consultative Committee meeting There was no discussion on this item. |
MĀori Consultative Committee's Recommendation Tiwana Aranui / Liz Ratima That the Council resolve that the Committee’s recommendation be adopted. Carried |
Committee's recommendation Councillors Price / White a. That Council adopts the revised Joint Alcohol Strategy 2017.
Carried
|
general business
1. The Manager Community Strategies confirmed that she will advise Housing NZ about the furniture presently dumped on a Geddis Avenue property.
2. The Mayor advised the committee that council staff will be relocating to their new offices this week.
3. The Strategic Māori Advisor updated the committee on the possible sainthood of Suzanne Aubert. She was based here for 12 years, and in Pakipaki for 2 of those years – she is being recognised for her work healing Māori people. The formal process has begun and should she be recognised as a saint there may be a visit by the Pope to Hawke’s Bay and Pakipaki in the next 2 years.
4. Following questions by the committee the Chief Executive advised Napier City Council will go out for consultation on the long term plan in the first half of next year.
The Chair asked Clr Apiata Tapine to close the meeting.
The meeting was closed at 3.29pm.