Ordinary Meeting of Council

Open Agenda

 

Meeting Date:

Tuesday 18 September 2018

Time:

3.00pm

Venue:

Council Chamber
Hawke’s Bay Regional Council
159 Dalton Street
Napier

 

 

Council Members

Mayor Dalton (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright

Officer Responsible

Chief Executive

Administrator

Governance Team

 

Next Council Meeting

Tuesday 30 October 2018

 

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

ORDER OF BUSINESS

Apologies

Councillor White, Councillor Taylor and Councillor Jeffery

Conflicts of interest

Public forum

Announcements by the Mayor

Announcements by the management

Confirmation of minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Tuesday, 7 August 2018 be confirmed as a true and accurate record of the meeting...................................................................................... 49

Agenda items

1      Audit and Risk Committee Charter 2018......................................................................... 4

2      HB Drinking Water Governance Joint Committee Minutes............................................. 12

Reports / Recommendations from the Standing Committees

Reports from Māori Consultative Committee held 11 September 2018.......................... 17

Reports from Strategy and Infrastructure Committee held 21 August 2018

1      Marine Parade Traffic Calming - Update....................................................................... 18

2      District Plan Review - Project Launch............................................................................ 19

Reports from Regulatory Committee held 21 August 2018

1      Annual Dog Control Report 2017/18............................................................................. 20

Reports from Finance Committee held 4 September 2018

1      Joint Waste Management and Minimisation Plan ......................................................... 21

2      Joint Waste Futures Steering Committee Unconfirmed Minutes.................................... 23

3      Coastal Hazards Joint Committee Membership............................................................. 24

4      2018 NRB Survey......................................................................................................... 25

5      Investment Property Portfolio Policy.............................................................................. 26

6      Sale of Endowment Land.............................................................................................. 27

Reports from Community Services Committee held 4 September 2018

1      Community Services Grants - Allocation....................................................................... 29

2      White Night - Provision of Food Trucks......................................................................... 30

3      Youth Policy Review - Public Feedback........................................................................ 31

Reports under delegated authority

1      Official Information Requests........................................................................................ 32

2      Tenders Let.................................................................................................................. 41

3      Resource Consent Applications.................................................................................... 42

4      Schedule of Documents Executed Under Seal.............................................................. 48

 

 

Public Excluded

No agenda items - confirmation of minutes only.


Ordinary Meeting of Council - 18 September 2018 - Open Agenda                                                                                                                            Item 1

Agenda Items

 

1.    Audit and Risk Committee Charter 2018

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

617763

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

1.1   Purpose of Report

The Audit and Risk Committee Charter is set to be reviewed every 2 years, and this requires Council approval and adoption.

 

Officer’s Recommendation

That Council:

a.     Adopt the Audit and Risk Committee Charter dated 18th September 2018

 

 

Mayor’s Recommendation

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

1.2   Background Summary

The objective of the Audit and Risk Committee is to provide independent, objective assurance and assistance to the Napier City Council on the Councils governance, risk management, internal control and compliance frameworks, and its external accountability responsibilities.

The Charter outlines the key role and responsibilities of the Committee and is reviewed every second year to ensure that Committee’s focus areas remain relevant in the changing environment of Council activities.

The attached Charter has been updated and reviewed by the Committee and changes highlighted.

1.3   Issues

N/A

1.4   Significance and Engagement

N/A

1.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

1.6   Options

The options available to Council are as follows:

a.     Adopt the Audit and Risk Charter with changes as noted

b.     Make further amendments to the Audit and Risk Charter

c.     No adopt the Audit and Risk Charter with changes as noted

1.7   Development of Preferred Option

Adopt the Audit and Risk Charter with changes as noted

 

1.8   Attachments

a     Audit and Risk Committee Charter September 2018   


Ordinary Meeting of Council - 18 September 2018 - Attachments

 

Item 1

Attachments a

 


 


 


 


 


 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda                                                                                                                            Item 2

2.    HB Drinking Water Governance Joint Committee Minutes

Type of Report:

Information

Legal Reference:

N/A

Document ID:

625406

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

2.1   Purpose of Report

To present to Council the unconfirmed minutes of the HB Drinking Water Governance Joint Committee meeting, held on 15 August 2018.

 

Officer’s Recommendation

That Council:

a.     Receive the unconfirmed minutes of the HB Drinking Water Governance Joint Committee meeting from 15 August 2018.

 

Mayor’s Recommendation

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

2.2   Background Summary

The HB Drinking Water Governance Joint Committee met on 15 August 2018, the unconfirmed minutes of this meeting are shown at Attachment A

2.3   Issues

No issues              

2.4   Significance and Engagement

N/A

2.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

 

2.6   Attachments

a     2018-08-15 Minutes (unconfirmed) - HB Drinking Water Governance Joint Committee   


Ordinary Meeting of Council - 18 September 2018 - Attachments

 

Item 2

Attachments a

 


 


 


 

   


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

Māori CONSULTATIVE COMMITTEE MEETING - 11 September 2018

 

Māori Consultative Committee Recommendation

That the Māori Consultative Committee recommendations be adopted.

 

Note:       The Māori Consultative Committee Recommendations in relation to the Standing Committees items are recorded with each specific item.


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

Reports from Strategy and Infrastructure Committee held 21 August 2018

 

1.    Marine Parade Traffic Calming - Update

Type of Report:

Information

Legal Reference:

Enter Legal Reference

Document ID:

486985

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

 

1.1   Purpose of Report

The purpose of the report is to provide Council with a progress update, and to outline the proposed approach moving forward for this project.

 

 

At the Māori Consultative Committee meeting

In response to questions from the committee, the Mayor confirmed that the traffic calming has been successful although there are further improvements to be added. It was noted that the average speed has increased due to this stretch of road being a straight run along the parade. Council officers are considering measures to address this, including raised crossings and speed reduction, which will also deter trucks from using this route.

 

Māori Consultative Committee's recommendation

T Aranui / Councillor Tapine

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

Carried

 

Committee's recommendation

Councillors Wright / Hague

The Strategy and Infrastructure Committee:

a.     Note the update provided by the Council Officer.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

2.    District Plan Review - Project Launch

Type of Report:

Procedural

Legal Reference:

Resource Management Act 1991

Document ID:

603455

Reporting Officer/s & Unit:

Dean Moriarity, Team Leader Policy Planning

 

2.1   Purpose of Report

The purpose of this report is to follow up on the seminar held with Council on 23 July 2018 regarding initiating a review of the District Plan and for Council to approve ‘in principle’ both the overall strategic direction for the review and the indicative overall process the review of the District Plan will follow.

 

 

At the Māori Consultative Committee meeting

The Chief Executive spoke to the report noting that preliminary work to date has identified a number of outcomes to focus the review of the District Plan, including greenfield growth into the hills and establishing the estuary as a premier regional park through the Ahuriri Masterplan. Key principles and strategic objectives have also been identified to help Council drive the delivery of outcomes through the District Plan.

The next phase in the review process is engagement, which will follow the normal process and will begin with the Heritage Strategy workshop in a couple of weeks.

 

Māori Consultative Committee's recommendation

T Aranui / Councillor Tapine

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

Carried

 

Committee's recommendation

Councillors Brosnan / Jeffery

The Strategy and Infrastructure Committee:

a.     Resolve to formally initiate the review of the current District Plan.

b.     Endorse ‘in principle’ both the overall strategic direction for the review and the indicative overall process the review of the District Plan will follow.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

Reports from Regulatory Committee held 21 August 2018

 

1.    Annual Dog Control Report 2017/18

Type of Report:

Legal

Legal Reference:

Dog Control Act  1996

Document ID:

559263

Reporting Officer/s & Unit:

Hayleigh Brereton, Manager Regulatory Solutions  

 

1.1   Purpose of Report

To present the territorial authority report on dog control policies and practices for the dog control registration year 1 July 2017 – 30 June 2018, for adoption by Council as required under Section 10A of the Dog Control Act 1996, prior to being submitted to the Secretary for Local Government and being made publically available.

 

 

At the Māori Consultative Committee meeting

The Chief Executive spoke to the report advising that this is an annual report and the increase in infringement notices can be attributed to Council’s focus on dog registration numbers.

In response to questions regarding the pound, it was confirmed that Council are tracking well and meeting the new standards. MPI have completed a further check and Council are aware that there are a number of pounds across NZ yet to meet those standards.

 

Māori Consultative Committee's recommendation

Mayor Dalton / T Aranui

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

Carried

 

Committee's recommendation

Councillors White / Tapine

The Regulatory Committee:

a.     Adopt the Napier City Council Annual Dog Control Report 2017/18.

i.      That the report be submitted to the Secretary for Local government and published in accordance with the Dog Control Act 1996.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

Reports from Finance Committee held 4 September 2018

 

1.    Joint Waste Management and Minimisation Plan

Type of Report:

Operational and Procedural

Legal Reference:

Waste Minimisation Act 2008

Document ID:

619564

Reporting Officer/s & Unit:

Rhett van Veldhuizen, Waste Minimisation Lead

 

1.1   Purpose of Report

The purpose of this report is to obtain a decision from the Council on the adoption of the Joint Waste Management and Minimisation Plan (Plan) 2018-2024.

 

 

At the Māori Consultative Committee meeting

Councillor Tapine noted that the report is a culmination of work by both Napier City Council and Hastings District Council. 8000 submissions were received and considered addressing how we manage our waste going forward, and the Plan recognises that a strategy will need to be rolled out over a period of time.

Practical steps and measures have been identified to help Councils move towards their goal of better waste management across the region, and the proposed Plan will allow Council to record data to assist with better decisions in future.

In response to questions from the committee it was clarified that there are Marae specific programmes running outside of this Plan. Maraes support waste minimisation but consideration needs to be given as to how this will work for them; it may be beneficial for Council to meet with the four Marae to discuss the Plan.

 

Māori Consultative Committee's recommendation

Mayor Dalton / T Aranui

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

Carried

 

Committee's recommendation

Councillors Brosnan / Tapine

The Finance Committee:

a.     Adopt the Joint Waste Management and Minimisation Plan 2018-24 in accordance with section 43 of the Waste Minimisation Act 2008 without further amendment which revokes the previous Joint Waste Management and Minimisation Plan 2012-2018.

 

b.     Delegate to the Joint Council Waste Futures Project Steering Committee the authority to implement updates and changes that may be required due to wider environmental factors, while keeping within the intent of the strategy.

 

c.     Acknowledge the recommendation from the Joint Council Waste Futures Project Steering Committee that additional resource is urgently required to implement the Waste Management and Minimisation Plan.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

2.    Joint Waste Futures Steering Committee Unconfirmed Minutes

Type of Report:

Information

Legal Reference:

N/A

Document ID:

618626

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

2.1   Purpose of Report

To present to Council the unconfirmed minutes of the Joint Council Waste Futures Project Steering Committee meeting, held on 25 July 2018.

 

 

At the Māori Consultative Committee meeting

There was no discussion on this item.

 

Māori Consultative Committee's recommendation

Mayor Dalton / T Aranui

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

Carried

 

Committee's recommendation

Councillors Brosnan / Hague

The Finance Committee:

a.     Receive the unconfirmed minutes of the Joint Council Waste Futures Project Steering Committee meeting from 25 July 2018.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

3.    Coastal Hazards Joint Committee Membership

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

621251

Reporting Officer/s & Unit:

Deborah Smith, Acting Team Leader Governance

 

3.1   Purpose of Report

To seek approval from Council for the nomination of a further member of the Coastal Hazards Joint Committee.

 

 

At the Māori Consultative Committee meeting

There was no discussion on this item.

 

Māori Consultative Committee's recommendation

Mayor Dalton / T Aranui

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

Carried

 

Committee's recommendation

Councillors Jeffery / Dallimore

The Finance Committee:

a.     Approve the nomination of Cr Brosnan to the Clifton to Tangoio Coastal Hazards Strategy Joint Committee.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

4.    2018 NRB Survey

Type of Report:

Information

Legal Reference:

N/A

Document ID:

619834

Reporting Officer/s & Unit:

Steve Gregory, Transformation Lead   

 

4.1   Purpose of Report

To advise Council on the results of the NRB survey carried out in 2018.

 

 

At the Māori Consultative Committee meeting

The Chief Executive spoke to this item noting that as part of the Annual Report process Council is required to report on the community’s satisfaction levels.

It was noted that overall the results of the NRB survey are pleasing, in particular, council staff are regarded increasingly well by the community; and satisfaction levels regarding the MTG are slowing increasing.

Council is aware that the swimming pool issue needs to be addressed with a decision expected shortly. The water supply satisfaction levels are likely a result of chlorination.

 

Māori Consultative Committee's recommendation

Mayor Dalton / T Aranui

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

Carried

 

Committee's recommendation

Councillors Wright / Boag

The Community Services Committee:

a.     Resolve that the 2018 NRB Survey results be received.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

5.    Investment Property Portfolio Policy

Type of Report:

Operational and Procedural

Legal Reference:

Local Government Act 2002

Document ID:

622351

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property  

 

5.1   Purpose of Report

To seek Council’s approval of a Policy relating to the Investment Property Portfolio (Leasehold Land).

The resolution of Council of 1 June 2018 (as outlined below) required that a divestment, and investment policy for the sale proceeds, is established and approved by Council resolution prior to the release of any leasehold land.

The attached policy has been developed in response to the resolution. It outlines the terms and conditions on which Council may sell non-strategic land included in the portfolio. The policy also provides guidance relating to the investment of the proceeds of sale.

 

At the Māori Consultative Committee meeting

The Chief Executive spoke to the report noting that the Investment Property Portfolio Policy will allow the freeholding of Council’s leasehold land portfolio. Freeholding has been a subject of debate with lessees for a number of years as the previous policy did not allow this.

The policy provides principles that Council can assess land against to determine whether the land is strategic or non-strategic. It was noted that the leasehold land portfolio currently produces $1.9M per annum in revenue, and this revenue will need to be offset.

 

Māori Consultative Committee's recommendation

Mayor Dalton / T Aranui

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

Carried

 

Committee's recommendation

Councillors Wise / Hague

The Finance Committee:

a)     Approve the Investment Property Portfolio Policy.

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

6.    Sale of Endowment Land

Type of Report:

Operational and Procedural

Legal Reference:

Napier Borough Endowments Act 1876, Napier Borough Endowments Amendment Act 1999, Sections 140 and 141 of the Local Government Act 2002 (LGA). Section 40 of the Public Works Act 1981 (PWA).

Document ID:

622679

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property  

 

6.1   Purpose of Report

To seek Council’s approval to sell certain land which is subject to the Napier Borough Endowments Act 1876 and is part of Council’s Investment Property Portfolio. Any sale is to be considered on a case by case basis and is subject to the terms and conditions of the Investment Property Portfolio Policy.

 

 

At the Māori Consultative Committee meeting

The Chair noted this is a good opportunity to consider the future of endowment land.

 

Māori Consultative Committee's recommendation

Mayor Dalton / T Aranui

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

Carried

 

Committee's recommendation

Councillors Wise / Hague

The Finance Committee:

Resolve:

a.     To allow the sale, after consideration on a case by case basis, of the land included in the schedule below, being endowment land which is subject to the Napier Borough Endowments Act 1876.

b.     That considerations and process is to comply with Council’s Investment Property Portfolio Policy.

c.     To record that this decision represents a discretion to be executed by Council on a case by case basis, nothing in this decision represents a right for any person to insist or require Council to sell to them and the sale by Council of any land under this decision does not create precedence or expectation that other land held by Council (whether of a similar nature or not) will be sold.

d.     That the process requirements set out in Sections 140 and 141 of the Local Government Act 2002 are to be complied with.

e.     To record that Council has considered the issue of an offer back obligation to the Crown under Section 40 of the Public Works Act 1981. Legal advice has confirmed that in the particular circumstances surrounding the land, there are relevant exceptions to any offer back obligation based on the criteria set out in Section 40(2) and (4) of the Public Works Act 1981, and therefore there is no offer back requirement.

 

Schedule of land:

48 West Quay                                   Lot 1 DP 478612, CFR664012

40 West Quay                                   Lot 2 DP 4786142, CFR 664012

14 Bridge Street                               Lot 2 DP 17631, CFR HBK2/1415

16 Bridge Street                               Lot 1 DP 17631, CFR HBK2/1415

22 Bridge Street                               Part Town Section 610 Napier, CFR HBC4/1148

9B, 9FD and 9 E Riddell Street         Lot 1-2 DP 5357, CFR HBA4/1405

160 Wellesley Road                          Town Section 569 Town of Napier CFR HB97/42

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

Reports from Community Services Committee held 4 September 2018

 

1.    Community Services Grants - Allocation

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

604443

Reporting Officer/s & Unit:

Natasha Carswell, Manager Community Strategies

 

1.1   Purpose of Report

To assess the adequacy of the current budget allocation for the Community Services Grants scheme and to identify options for any increase.

 

 

At the Māori Consultative Committee meeting

The Manager Community Strategies spoke to the report and noted that Council officers were asked to assess whether the allocation for the Community Services Grants scheme could be increased from the current rate of $1.60 per population head.

It was decided to increase the population amount to $1.80 with increases calculated annually and to apply CPI adjustments per year. The result being an increased allocation of funding each year for community and voluntary organisations providing support services to Napier residents.

 

Māori Consultative Committee's recommendation

Councillor Tapine / T Aranui

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

Carried

 

Committee’s recommendation

Councillors Boag / Jeffery

The Community Services Committee:

a.     Increase the allocation to the Community Services Grants scheme using a         combination of population and CPI adjustments and increasing the per head         allocation to $1.80. 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

2.    White Night - Provision of Food Trucks

Type of Report:

Procedural

Legal Reference:

Local Government Act 2002

Document ID:

623967

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

 

2.1   Purpose of Report

The purpose of this report is to obtain a resolution of Council to allow the sale of food and drink to the public within Herschell Street as part of the White Night event on the 20th October 2018.

 

 

At the Māori Consultative Committee meeting

The Mayor spoke to this item noting that Council authorisation is required for food stalls to operate within the CBD for events, as this is not normally a permitted activity.

 

Māori Consultative Committee's recommendation

Councillor Tapine / T Aranui

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

Carried

 

Committee's recommendation

Mayor Dalton / Councillor Hague

The Community Services Committee:

a.     Resolve to allow the sale of food and drink to the public within Herschell Street at the White Night event on Saturday 20th October 2018.

 

Carried

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

3.    Youth Policy Review - Public Feedback

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

620996

Reporting Officer/s & Unit:

Jessica Wilson, Community Advisor

 

3.1   Purpose of Report

To advise Council on the process undertaken in reviewing the Youth Policy and to request approval to release the draft Strategy (attachment one) for stakeholder and public feedback prior to adoption by Council.

 

 

At the Māori Consultative Committee meeting

The Manager Community Strategies noted that the Youth Council presented the Youth Policy Review, which will be going out for consultation shortly.

 

Māori Consultative Committee's recommendation

Councillor Tapine / T Aranui

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

Carried

 

Committee's recommendation

Councillors Hague / Tapine

The Community Services Committee:

a.     Approve the release of the draft Napier Youth Strategy for stakeholder and public feedback.

 

Carried

 

 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda                                                                                                                            Item 1

Reports Under Delegated Authority

 

1.    Official Information Requests

Type of Report:

Information

Legal Reference:

N/A

Document ID:

631842

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

1.1   Purpose of Report

To present the year to date Official Information Request statistics.

 

 

Officer’s Recommendation

That Council:

 

a.   Receives the report Official Information Requests 28 July 2018 to 10 September 2018.

 

 

Mayor’s Recommendation

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

 

 

Statistics for Official Information requests received for the year to 10 September 2018 are included in the attached report.

 

 

1.2   Attachments

a     Official Information Requests Report to 10 September 2018   


Ordinary Meeting of Council - 18 September 2018 - Attachments

 

Item 1

Attachments a

 


 


 


 


 


 


 


 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda                                                                                                                            Item 2

2.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

631835

Reporting Officer/s & Unit:

Alix Burke, Executive Assistant to the Chief Executive

 

2.1   Purpose of Report

To report Tenders let under delegated authority for the period to 7 September 2018.

 

Officer’s Recommendation

That Council:

 

a.   Receive the report for Tenders let under delegated authority for the period 26 July 2018 to 7 September 2018.

 

Mayor’s Recommendation

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

 

 

CONTRACTS OVER $100,000 LET UNDER CHIEF EXECUTIVE/DIRECTOR INFRASTRUCUTRE DISCRETION

 

a.  Contract 1193 Maggies Way Track Improvements

·   Four tenders were received.

·   The Engineer’s estimate was $223,407.00.

·   It was recommended that the tender from Dodge Contractors be accepted in the sum of $243,215.00.  This recommendation was approved.

 

 

2.2   Attachments

Nil


Ordinary Meeting of Council - 18 September 2018 - Open Agenda                                                                                                                            Item 3

3.    Resource Consent Applications

Type of Report:

Information

Legal Reference:

N/A

Document ID:

631836

Reporting Officer/s & Unit:

Alix Burke, Executive Assistant to the Chief Executive

 

3.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for the period 26 July – 30 August 2018.

 

 

Officer’s Recommendation

That Council:

 

a.   Receive the report on Resource Consents issued under delegated authority for the period 26 July – 30 August 2018.

 

 

Mayor’s Recommendation

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

 

 

Attached is the report with information on Resource Consents under delegated authority for the period 26 July – 30 August 2018.

 

 

3.2   Attachments

a     Resource Consents Report to 30 August 2018   


Ordinary Meeting of Council - 18 September 2018 - Attachments

 

Item 3

Attachments a

 


 


 


 


 


Ordinary Meeting of Council - 18 September 2018 - Open Agenda                                                                                                                            Item 4

4.    Schedule of Documents Executed Under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

631841

Reporting Officer/s & Unit:

Alix Burke, Executive Assistant to the Chief Executive

 

4.1   Purpose of Report

To report of documents executed under Seal for the period 26 July to 12 September 2018.

 

Officer’s Recommendation

That Council:

 

a.   Receive the Report of Documents Executed Under Seal for the period 26 July to 12 September 2018.

 

Mayor’s Recommendation

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

Schedule of Documents Executed Under Seal for the period 26 July to 12 September 2018

 

Date

Document

Presenting Officer

3.8.18

Consent to transfer lessees interest - 101 Battery Rd

Jenny Martin

16.8.18

Bond Release - 62-68 Raffles St

Paul O’Shaughnessy

16.8.18

Lease of Reserve Royal Plunket Trust

Jenny Martin

23.8.18

Sewerage easement – 312 Kennedy Rd

Colin Hunt

23.8.18

Deed to Surrender Lease

Bryan Faulkner

29.8.18

Easement Grant – Te Awa Land Development Company Ltd

 

6.9.18

License to Occupy- Council Bore on Guppy Road

Jenny Martin

11.9.18

Ahuriri Land Co Stage2 – Your Ref RMS 17043

Colin Hunt

11.9.18

Housing NZ Corporation – 29 Cottrell Crescent

Colin Hunt

 

4.2   Attachments

Nil    


Ordinary Meeting of Council - 18 September 2018 - Open Agenda

 

 

Ordinary Meeting of Council

Open Minutes

 

Meeting Date:

Tuesday 7 August 2018

Time:

3.00pm – 3.20pm

Venue

Council Chamber
Hawke’s Bay Regional Council
159 Dalton Street
Napier

 

 

Present

The Mayor (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Manager Community Strategies, Manager Business Excellence and Transformation, Manager City Development, Manager Regulatory Solutions, Strategic Planning Lead

Administration

Governance Team

 


 

 

Apologies

Nil

Conflicts of interest

Cr Wise – Variation of Lease, Danish Delight (Reports Under Delegated Authority Item 4 – Schedule of Documents Under Seal)

Public forum

Nil

Announcements by the Mayor

The Mayor and Chief Executive are working directly with the Chair of the Māori Consultative Committee to adjust where and how in the meeting cycle that Committee are able to participate in discussions. It has also been agreed that the Committee members will be included in all seminar invitations to ensure they have increased opportunities to discuss projects and activities underway.

Announcements by the management

Welcome was extended to the new Communications and Marketing Manager, Craig Ogborn.

 

Acknowledgment and thanks were extended by staff and Council to the Manager Regulatory Solutions, Hayleigh Brereton, who is leaving Council to move to Christchurch. 

Confirmation of minutes

Council resolution

Councillors Taylor / Price

That the Draft Minutes of the Ordinary meeting held on 26 June 2018 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors Brosnan / Dallimore

That the Draft Minutes of the Ordinary meeting held on 29 June 2018 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors Wright / White

That the Draft Minutes of the Ordinary meeting held on 11 July 2018 be confirmed as a true and accurate record of the meeting.

 

Carried

 

 

 

Agenda Items

 

1.    Elected Members Remuneration Determination 2018/19

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

531256

Reporting Officer/s & Unit:

Deborah Smith, Acting Team Leader Governance

 

1.1   Purpose of Report

Te present to Council the 2018/19 determination of the Remuneration Authority on remuneration for Elected Members.

 

At the Meeting

In discussion Councillors noted that:

  • The 2018/19 Determination is part of a transition to the Remuneration Authority’s new process which will be rolled out more fully in 2019.
  • When Council is able to allocate its own funding pool, it was recommended that a greater differential be created between the Deputy Mayoralty and Chairs of Standing Committees in recognition of the responsibilities held by a Deputy Mayor.

Cr Boag spoke against the recommendation in principle, noting that Council has not yet made a decision to move all employees to the living wage.

It was advised in response to questions from councillors that the details of staff not currently on the living wage are being worked through, as part of the larger body of work in relation to government’s indicated likely raise of the minimum wage.

I

Council resolution

Councillors White / Tapine

That Council:

a.     Adopt the remuneration levels advised by the national Remuneration Authority for the year 2018/19.

b.     Note the three-phase implementation of changes to how elected member remuneration will be set by the Remuneration Authority, starting with the 2018/19 Determination.

 

Cr Boag against

Carried

 

 

 


 

2.    Representation Review - Appeals and Objections

Type of Report:

Information

Legal Reference:

Local Electoral Act 2001

Document ID:

603337

Reporting Officer/s & Unit:

Deborah Smith, Acting Team Leader Governance

 

2.1   Purpose of Report

To notify Council of any appeals and objections received to the final proposal for the 2018 Representation Review, and advise of the next stage of the process.

 

At the Meeting

In response to questions from Councillors it was clarified that should Council be concerned by any determination of the Local Government Commission, an appeal may be sought on a point of law, or a judicial review of the process may be requested. While both paths are unusual, they have taken place on occasion.

 

Council resolution

Councillors Boag / Wise

That Council:

a.     Note the appeals and or objections received to its final proposal for the 2018 Representation Review.

b.     Note the next stages in the review process.

 

Carried

 

 

 


 

3.    Consent to Easement Over Reserves

Type of Report:

Legal

Legal Reference:

Reserves Act 1977

Document ID:

552594

Reporting Officer/s & Unit:

Steve King, Policy and Standards Engineer

 

3.1   Purpose of Report

        To seek Council consent to the granting of Easements in favour of Unison Networks Limited, over Council Local Purpose (Passive Recreation) Reserves in Parklands.

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Brosnan / Wright

That Council:

a.     Resolve, pursuant to Section 48(1) of the Reserves Act 1977, to consent to the grant of the easements in gross as set out in the Schedule below: -

SCHEDULE

Hawkes Bay Land District                         Napier City Council

Purpose

Land

CFR

Shown

Grantee

Right to Convey Electricity, Telecommunications and Electronic Data

 

Lot1003

DP520053

 

845056

 

E and Y on

DP 520053

Unison Networks Limited

Right to Convey Electricity, Telecommunications and Electronic Data

 

Section 1

SO 470226

 

778177

 

X on

DP 520053

Unison Networks Limited

 

 

 

Carried

 

 

 

4.    HB Civil Defence Emergency Management Group Joint Committee - Draft Minutes

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

549821

Reporting Officer/s & Unit:

Rebecca Huckle, Personal Assistant to the Mayor

 

4.1   Purpose of Report

To present to Council the draft minutes of the HB Civil Defence Emergency Management Group Joint Committee from 14th May 2018

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Dallimore / Taylor

That Council:

a.     Receive the draft minutes of the HB Civil Defence Emergency Management Group Joint Committee from 14th May 2018

 

Carried

 

 

  


 

 

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

Reports from Audit and Risk Committee held 19 July 2018

 

1.    Review of Charter

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

522046

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

1.1   Purpose of Report

As set out in the Audit and Risk Committee Charter, the Committee will review this Charter in consultation with the Council at least once a year. Any substantive changes to the Charter will be recommended by the Committee, and formally approved by the Council. The last review of the Charter was undertaken December 2016

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Wise / Hague

The Audit and Risk Committee:

a.     Review the Audit and Risk Committee Charter

b.     Provide any recommended changes for Council approval, those changes being:

·     Flow through the document has been improved with the inclusion of section titles

·     The Charter is proposed to be reviewed every two years rather than annually. The next review will be October 2020.

·     The only content changes are as follows:

Under section “Composition and Tenure”:

§ The Napier City Council will appoint the Chairperson of the Committee.

§ Council representatives on the Committee will carry out their duties as outlined in the Charter, recognising the difference in the role of the Committee compared to Councillor community advocate.

Under section “Risk Management”:

§ Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings.

Under section “External Accountability”:

§ Review the processes and risk assessment are in place for the development and adoption of the Council’s Long Term Plan.

Carried

 

2.    External Audit - Audit NZ Management Report Consultation document 2018-28

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

519643

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

2.1   Purpose of Report

To receive the Audit New Zealand management report for the Consultation Document for the Long Term Plan 2018-28

 

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Wise / Hague

The Audit and Risk Committee:

a.     Receive the Audit New Zealand management report for the Consultation Document for the Long Term Plan 2018-28.

Carried

3.    External Audit - Audit NZ Interim Management Report

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

453613

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

3.1   Purpose of Report

To advise the committee that Audit NZ did not find any new issues while carrying out the interim audit for 2017/18 and therefore no management report has been issued.

 

 

At the Meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

That the Committee:

 

a.     Note that Audit New Zealand did not find any new issues from the interim audit for 2017/18 and therefore no management report has been issued.

Carried

 

 

4.    External Audit - Audit NZ Management Report Long Term Plan 2018-28

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

525799

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

4.1   Purpose of Report

To receive the Audit New Zealand management report for the Long Term Plan 2018-28.

 

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Wise / Hague

The Audit and Risk Committee:

a.     Receive the Audit New Zealand management report for the Long Term Plan 2018-28.

b.     Receive the recommendations and approve the management comments.

Carried

 

 

5.    Risk Management - Risk Management Report

Type of Report:

Information

Legal Reference:

N/A

Document ID:

453619

Reporting Officer/s & Unit:

Rachael Horton, Manager Business Excellence & Transformation

 

5.1   Purpose of Report

To provide the Audit and Risk Committee (Committee) with an update on progress with risk management work and to report on the highest rated risks.

 

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Wise / Hague

That the Committee:

a.     Note the risk management work being undertaken by the NCC Risk Committee.

b.     Receive the report titled: Highest rated risks report 9 July 2018.

Carried

 


 

6.    Risk Management - Insurance Update

Type of Report:

Information

Legal Reference:

N/A

Document ID:

525768

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property  

 

6.1   Purpose of Report

To advise the committee of the insurance arrangements for the period 1 July 2018 to 30 June 2019.

 

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Wise / Hague

The Audit and Risk Committee:

a.     Resolve

i.      That the report on the 2018/19 insurance arrangements be received.

Carried

 


 

Reports from Community Services Committee held 24 July 2018

 

1.    Nyree Dawn Porter Commemoration

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

513398

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

 

1.1   Purpose of Report

The purpose of this report to present options to celebrate and commemorate the achievements of Napier born and raised Nyree Dawn Porter, a celebrated actress, singer, and dancer, who made it to the West End in numerous shows, as well as film and television appearances abroad. Ms Porter passed away in London in 2001. She continues to have family residing in Napier.

 

 

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors White / Wright

The Community Services Committee:

a.     Endorse the proposal to rename the Municipal Theatre’s dress circle the ‘Nyree Dawn Porter Circle’, and to provide further exposure of Ms Porter’s achievements by displaying informational material within the theatre foyer for a limited time.

b.     Approve that further opportunities to celebrate Ms Porter’s achievements are explored as projects and funding opportunities arise.

Carried

 


 

2.    Final Ahuriri Estuary & Coastal Edge Masterplan

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

522119

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

 

2.1   Purpose of Report

The purpose of this report is to outline the changes that have been made to the Draft Ahuriri Estuary and Coastal Edge Masterplan, and to adopt the Final Ahuriri Estuary and Coastal Edge Masterplan as provided in the attachment.

 

 

 

At the Meeting

The Chief Executive acknowledged the work undertaken by the Strategic Planning Lead on this project, noting that the Masterplan is considered cutting edge. It has been an extremely large piece of work, including significant consultation, and the result is outstanding.

In response to questions from Councillors, it was noted that there is signage in relation to dogs in two places of the estuary shared pathways. There is also an off-lead area by Meannee Quay with signage. The area is regularly patrolled by Animal Control Officers to ensure dogs are on-lead while not in the specific off-lead area.

 

Council resolution

Councillors White / Wright

The Community Services Committee:

a.     Adopt the Final Ahuriri Estuary and Coastal Edge Masterplan.

Carried

 


 

3.    Increase in Event Funding

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

524714

Reporting Officer/s & Unit:

Kevin Murphy, Event Manager

 

3.1   Purpose of Report

To increase event funding for two existing supported events; the Hawke’s Bay Arts Festival and the Horse of the Year.

 

 

 

 

At the Community Services Committee meeting held on Tuesday, 24 July 2018 the following  committee recommendation was ratified  as a DECISION OF COUNCIL.

Councillors Wright / Dallimore

That Council:

 

a.     Approve an increase in Council funding for the next two year funding cycle for the following events:

i.      Hawkes Bay Arts Festival to the level of $20k (per year); and

 

ii.     Horse of the Year to the level of $30k (per year). Cr Brosnan against a(ii)

 

Carried

 

 


 

 

Reports Under Delegated Authority

 

1.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

588750

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

1.1   Purpose of Report

To report Tenders let under delegated authority for the period to 25 July 2018.

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Brosnan / Hague

That Council:

 

a.     Note there were no Tenders let under delegated authority for the period 9 June 2018 to 25 July 2018.

 

Carried

 

 

 


 

2.    Official Information Requests

Type of Report:

Information

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

588836

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

2.1   Purpose of Report

To present the year to date Official Information Request statistics.

 

At the Meeting

It was noted that on occasions where Councillors’ information is requested, the members in question will be advised in advance so their view with regards to any potential withholding reasons can be taken into consideration in the final decision.

 

Council resolution

Councillors Brosnan / Taylor

That Council:

 

a.     Receives the report Official Information Requests 9 June 2018 - 27 July 2018.

 

Carried

 

 

3.    Resource Consent Applications

Type of Report:

Information

Legal Reference:

Building Act 2004

Document ID:

588837

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

3.1   Purpose of Report

To present of the report on Resource Consents issued under delegated authority for the period 7 June 2018 – 25 July 2018.

 

At the Meeting

There was no discussion on this item.

 

 

Council resolution

Councillors McGrath / Tapine

That Council:

 

a.     Receive the report on Resource Consents issued under delegated authority for the period 7 June 2018 – 25 July 2018.

 

Carried

 

 

4.    Schedule of Documents Executed Under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

588838

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

4.1   Purpose of Report

To report of documents executed under seal from 13 June to 25 July 2018.

 

At the Meeting

There was no discussion on this item.

 

Council resolution

Councillors Wright / Dallimore

That Council:

 

a.     Receive the Report of Documents Executed Under Seal from 13 June to 25 July 2018.

 

Cr Wise abstained

Carried

 

 

  


 

 

 PUBLIC EXCLUDED ITEMS

 

Council resolution

Councillors White / Brosnan

That the public be excluded from the following parts of the proceedings of this meeting.

Carried

 

Agenda Items

1.         Amendment of Resolution - Civic Awards

2.         Land acquisition - McLeod Road

Reports from Strategy and Infrastructure Committee held 10 July 2018

1.         Citizen's Civic Award Recommended Recipients

Reports from Audit and Risk Committee held 19 July 2018

1.         Risk Management - Health and Safety Reports to 30 June 2018

2.         Internal Audit - Cash Handling Review

3.         Composition and Tenure

Reports from Finance Committee held 24 July 2018

1.         Battery Road Development Options

2.         Bad Debt Write Off

Reports from Community Services Committee held 24 July 2018

1.         Grants Allocation Sub Committee 2018/19 - Funding Allocations

 

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:

Agenda Items

1.  Amendment of Resolution - Civic Awards

7(2)(a) Protect the privacy of natural persons, including that of a deceased person

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.  Land acquisition - McLeod Road

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 Strategy and Infrastructure Committee held 10 July 2018

1.  Citizen's Civic Award Recommended Recipients

7(2)(a) Protect the privacy of natural persons, including that of a deceased person

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 19 July 2018

1.  Risk Management - Health and Safety Reports to 30 June 2018

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.

2.  Internal Audit - Cash Handling Review

6(a) Prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial

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.  Composition and Tenure

7(2)(a) Protect the privacy of natural persons, including that of a deceased person

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 24 July 2018

1.  Battery Road Development Options

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.  Bad Debt Write Off

7(2)(a) Protect the privacy of natural persons, including that of a deceased person

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 Community Services Committee held 24 July 2018

1.  Grants Allocation Sub Committee 2018/19 - Funding Allocations

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.

 

The meeting moved into committee at 3.20pm

 

 

Approved and adopted as a true and accurate record of the meeting.

 

 

Chairperson .............................................................................................................................

 

 

Date of approval ......................................................................................................................