Ordinary Meeting of Council

Open Agenda

 

Meeting Date:

Tuesday 28 May 2019

Time:

3.00pm

Venue:

Council Chambers
Hawke's Bay Regional Council
159 Dalton Street
Napier

 

 

Council Members

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

Officer Responsible

Chief Executive

Administrator

Governance Team

 

Next Council Meeting

Tuesday 9 July 2019

 

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda

ORDER OF BUSINESS

Apologies

Mayor Dalton, Councillor Taylor, Councillor Hague

Conflicts of interest

Public forum

Nil

Announcements by the Mayor

Announcements by the management

Confirmation of minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Tuesday, 16 April 2019 be confirmed as a true and accurate record of the meeting...................................................................................... 54

Agenda items

1      Appointment to District Licensing Committee.................................................................. 3

2      Quarterly Report for the Nine Months Ended 31 March 2019.......................................... 5

3      Draft Minutes - Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting

        18 March 2019................................................................................................................ 6

4      Draft Minutes - Hawke's Bay Drinking Water Governance Joint Committee 11 April 2019. ..... 15

5      Draft Minutes - CDEM Joint Committee 3 December 2018............................................ 22  

Reports / Recommendations from the Standing Committees

Reports from Māori Consultative Committee held 21 May 2019...................................... 30

Reports from Regulatory Committee held 30 April 2019

1      Earthquake-Prone Buildings - Identification of Priority Buildings - Consultation............. 31

2      Street Naming - 250 Guppy Road Taradale Napier....................................................... 32

Reports from Finance Committee held 14 May 2019

1      Financial Forecast to 30 June 2019.............................................................................. 34

2      Policies - CCTV and Disposal of Surplus Assets........................................................... 35

Reports from Community Services Committee held 14 May 2019

1      Iron Maori Event - Hardinge Road and Marine Parade Proposed Road Closures.......... 36

2      Creative Communities Funding March 2019.................................................................. 38

Reports under delegated authority

1      Documents Executed under Seal.................................................................................. 39

2      Resource Consents...................................................................................................... 41

3      Tenders Let.................................................................................................................. 46

4      Official Information Requests........................................................................................ 47

Public excluded ............................................................................................................. 52

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 1

Agenda Items

 

1.    Appointment to District Licensing Committee

Type of Report:

Procedural

Legal Reference:

Sale and Supply of Alcohol Act 2012

Document ID:

735790

Reporting Officer/s & Unit:

Rachael Horton, Manager Regulatory Solutions

 

1.1   Purpose of Report

To seek Council’s approval to appoint Councillor Graeme Taylor as an approved person to be a member of the District Licensing Committee for a period of six months to 29 November 2019.

 

Officer’s Recommendation

That Council:

a.     Approve the appointment of Councillor Graeme Taylor as an approved person to be a member of the District Licensing Committee for a period of six months to 29 November 2019.

 

 

Acting Mayor’s Recommendation

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

1.2   Background Summary

The District Licensing Committee’s (DLC) function is to consider and determine all matters set out in the provisions of the Sale and Supply of Alcohol Act 2012.

On 13 November 2018, all current members of the DLC were reappointed for a further term up to 29 November 2019.

At the same meeting, Council decided that the terms of appointment for committee members would be aligned to follow the triennial election cycle. The next recruitment process will be undertaken following the October 2019 election.

1.3   Issue

Deputy Mayor Faye White is currently appointed as the Deputy Chair of the DLC, but is currently taken up with full-time duties as acting Mayor.

It is proposed to appoint Councillor Graeme Taylor as an approved person to the DLC to ensure that there are sufficient list members available at any time to convene a committee to hear licensing matters.

It is not proposed to appoint a Deputy Chair for this short period. The requirement for appointment of a Deputy Chair is discretionary under the Act. If the Chair of the DLC, Dave Fellows, is unavailable to hear any matter before it, a Chair can be appointed from the approved persons list at the same time the committee is convened.

 

1.4   Suitability

Under section 192(2) of the Act Council must not approve a person to be included on the list unless that persons has experience relevant to alcohol licensing matters.

Councillor Taylor has significant decision-making experience in a wide range of leadership and governance roles, including senior leadership roles with Halberg Trust, Hawkes Bay Rugby and as a long term Councillor for Napier City Council.

Further he has dealt with a wide range of alcohol-related matters during his time as a Police Officer with New Zealand Police.

Under Section 192(5)(a) a person must not be included in the list of approved persons if Council believes that person has, directly or by virtue of his or her relationship with another person, such an involvement or appearance of involvement with the alcohol industry that they could not perform his or her duties without actual bias or the appearance of bias.

Councillor Taylor has advised that he has no connections directly or otherwise to the alcohol industry that would impact his ability to execute his duties without bias.

1.5   Significance and Engagement

Staff consider that the recommendations in this report have low significance under the Significance and Engagement Policy.

 

1.4   Attachments

Nil


Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 2

2.    Quarterly Report for the Nine Months Ended 31 March 2019

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

732210

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

2.1   Purpose of Report

To consider the Quarterly Report for the nine months ended 31 March 2019.

 

Officer’s Recommendation

That Council:

a.     Receive the Quarterly Report for the nine months ended 31 March 2019

 

 

Acting Mayor’s Recommendation

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

2.2   Background Summary

The Quarterly Report summarises the Council’s progress in the third quarter of 2018/19 towards fulfilling the intentions outlined in the Annual Plan. Quarterly performance is assessed against income, total operating expenditure, and capital expenditure

2.3   Issues

All matters relating to the performance to the end of March 2019 for Council are included in the reprot

2.4   Significance and Engagement

N/A

2.5   Implications

Financial

All financial variances have been noted within the report.  Revised budgets are based on the Forecast provided to the Finance Committee for adoption Tuesday 14th May.

Social & Policy

N/A

Risk

N/A

 

2.6   Attachments

a     Quarterly Report for the nine months ended 31 March 2019 (Under Separate Cover)   


Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 3

3.    Draft Minutes - Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting 18 March 2019

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

746547

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

3.1   Purpose of Report

To present the draft minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting held on 18 March 2019

 

Officer’s Recommendation

That Council:

a.     Adopt the draft minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting held on 18 March 2019

 

 

Acting Mayor’s Recommendation

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

3.2   Background Summary

The Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting met on 18 March 2019 – the draft minutes and an additional summary of the meeting are shown at Attachment A and Attachment B.

3.3   Issues

No Issues

3.4   Significance and Engagement

N/A

3.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

3.6   Options

The options available to Council are as follows:

a.     To adopt the draft minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee Meeting met on 18 March 2019

3.7   Development of Preferred Option

N/A

 

3.8   Attachments

a     Draft Minutes 18 March 2019

b     Meeting Summary 18 March 2019   


Ordinary Meeting of Council - 28 May 2019 - Attachments

 

Item 3

Attachments a

 

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Ordinary Meeting of Council - 28 May 2019 - Attachments

 

Item 3

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Clifton to Tangoio Coastal Hazards Strategy

Summary Notes of Meeting held 18 March 2019

 

1.    Purpose 

This briefing note has been prepared to communicate the activity of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee to the Partner Councils, as the Committee progresses with the Stage 4 of the Strategy. More information on the Strategy can be found on the project website at www.hbcoast.co.nz.

2.   Joint committee meeting summary: 28 september 2018

Key points from the Joint Committee meeting held 18 March 2019 are highlighted below. The full minutes of the meeting will be provided to each Partner Council in due course.

Project Managers Update

·    An updated project timeline for Stage 4 of the Strategy was presented for discussion.

·    Due to the complexity of the modelling and design tasks and the resources available to complete them, an additional 12 months has been added to the project time line.

·    The commencement of broader public consultation on Strategy implementation will take place in early 2021, which aligns with public consultation on the next review of Council Long Term Plans.

·    The Joint Committee requested that TAG prepare a paper assessing the risks this alignment presents.

Funding Workshop

·    The majority of the meeting was dedicated to developing the funding model for Strategy implementation.

·    This session was originally intended to be held in workshop, however the Committee agreed that this wasn’t necessary, and the workshop component was incorporated into the meeting.   

·    A key matter for discussion was how rates would be collected to fund works under the Strategy.

·    Three models were presented and discussed:

Single Agency (HBRC): Hawke’s Bay Regional Council to rate/fund all implementation activity;

Single Agency (TA): Territorial Authority to rate/fund all implementation activity within each area; and

Hybrid: Rating/funding activity shared between HBRC, Napier City Council & Hastings District Council.

·    The Single Agency (TA) option had been previously discounted by the Joint Committee.

·    Both the Single Agency (HBRC) and Hybrid models present pros and cons. No decision has been made at this stage on a preferred option.

·    A further refinement to the model was also discussed, whereby non-ratepayers with assets in at risk areas that will benefit from Strategy implementation could contribute to costs (e.g. highways, airport, utilities, etc). There is currently no legal mechanism to require contributions; agreement would be required. 

·    The Joint Committee directed the following next steps for funding model development:

TAG to commission an independent peer review of the model as it stands; and

TAG to engage with external parties to test the concept of contributions from non-ratepayer beneficiaries. 

Next Meeting

·    The next meeting of the Joint Committee will be held on 31 May 2019. 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 4

4.    Draft Minutes - Hawke's Bay Drinking Water Governance Joint Committee 11 April 2019

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

747536

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

4.1   Purpose of Report

To present the draft minutes of the Hawke’s Bay Drinking Water Joint Committee meeting which was held on 11 April 2019.

 

Officer’s Recommendation

That Council:

a.   Adopt the draft minutes of the Hawke’s Bay Drinking Water Joint Committee meeting which was held on 11 April 2019.

 

Acting Mayor’s Recommendation

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

4.2   Background Summary

        The Hawke’s Bay Drinking Water Joint Committee met on 11 April 2019 – the draft minutes are shown at Attachment A.

4.3   Issues

No issues

4.4   Significance and Engagement

N/A

4.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

4.6   Options

The options available to Council are as follows:

a.     To adopt the draft minutes of the Hawke’s Bay Drinking Water Joint Committee meeting which was held on 11 April 2019.

4.7   Development of Preferred Option

N/A

 

4.8   Attachments

a     Draft Minutes 11 April 2019   


Ordinary Meeting of Council - 28 May 2019 - Attachments

 

Item 4

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Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 5

5.    Draft Minutes - CDEM Joint Committee 3 December 2018

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

747754

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

5.1   Purpose of Report

To present the draft minutes of the CDEM Joint Committee meeting of 3 December 2018

 

Officer’s Recommendation

That Council:

a.     Adopt the draft minutes of the CDEM Joint Committee meeting of 3 December 2018

 

 

Acting Mayor’s Recommendation

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

5.2   Background Summary

        The CDEM Joint Committee met on 3 December 2018 – the draft minutes are shown at Attachment A.

5.3   Issues

No Issues

5.4   Significance and Engagement

N/A

5.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

5.6   Options

The options available to Council are as follows:

a.     To adopt the draft minutes of the CDEM Joint Committee meeting of 3 December 2018

 

5.7   Development of Preferred Option

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5.8   Attachments

a     Draft Minutes 3 December 2018   


Ordinary Meeting of Council - 28 May 2019 - Attachments

 

Item 5

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Ordinary Meeting of Council - 28 May 2019 - Open Agenda

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

Māori CONSULTATIVE COMMITTEE MEETING - 21 May 2019

 

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 - 28 May 2019 - Open Agenda

 

Reports from Regulatory Committee held 30 April 2019

 

1.    Earthquake-Prone Buildings - Identification of Priority Buildings - Consultation

Type of Report:

Legal

Legal Reference:

Building Act 2004

Document ID:

726241

Reporting Officer/s & Unit:

Malcolm Smith, Manager Building Consents

 

1.1   Purpose of Report

To advise Council of the requirements under the Building Act 2004 in relation to the identification of priority buildings under the earthquake-prone building legislation, and to seek approval to release the draft Statement of Proposal for public submissions prior to adoption by Council.

 

 

At the Māori Consultative Committee meeting

It was advised that there is a legislative requirement to have a Policy in place, and Council is consulting on the Statement of Proposal for this Policy. There are implication for building owners, as once a building has been identified as earthquake prone they have seven years within which to strengthen or demolish it.

The criteria for the buildings considered ‘high priority’ are outlined in the Statement of Proposal (refer p9 of the agenda). Maraenui is not currently considered a high risk area as there are not believed to be high numbers of unreinforced masonry buildings. However the public are able to submit if they believe that there are other areas that should be included as higher risk/ priority.

Māori Consultative Committee's recommendation

Acting Mayor White/ T Aranui

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

Carried

 

Officer’s Recommendation

The Regulatory Committee:

a.     Approve the release of the draft Statement of Proposal for public submissions.

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda

 

2.    Street Naming - 250 Guppy Road Taradale Napier

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

723801

Reporting Officer/s & Unit:

Paul O'Shaughnessy, Team Leader Resource Consents

 

2.1   Purpose of Report

The purpose of this report is to obtain Councils approval for one new street name to replace a previously approved street name within the recently approved residential subdivisions at 250 Guppy Road. The street in question has already been subject to a previous street name approval by Council (Chue Court), however a mistake by the developer has led to a request for a re-naming to Gee Place.

 

 

At the Māori Consultative Committee meeting DECISION OF COUNCIL

It was noted that this was a Decision of Council at the Committee meeting as there was a tight timeline with regards to the issuing of titles; the name change merely reflected the actual preferred and regularly used surname of the family who the street name recognises.

Māori Consultative Committee's recommendation

Acting Mayor White / T Aranui

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

Carried

 

Committee's recommendation

Acting Mayor White / Councillor Tapine

That the Regulatory Committee:

a.     Approve one new street name at 250 Guppy Road as follows:

·      Gee Place-250 Guppy Road

 

b.     That a DECISION OF COUNCIL is required urgently as Council have recently issued Section 224 certification for the subdivision at 250 Guppy Road and the developers require certainty for the purposes of marketing, physical street naming and property addressing.

 

Carried

 

 

Council Resolution

Councillors Brosnan / Hague

That Council:

a.     Approve one new street name at 250 Guppy Road as follows:

·      Gee Place-250 Guppy Road

 

Carried

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda

 

Reports from Finance Committee held 14 May 2019

 

1.    Financial Forecast to 30 June 2019

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

731958

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

1.1   Purpose of Report

To report to Council the financial forecast to the 30 June 2019 for the whole of Council.

 

 

At the Māori Consultative Committee meeting

The Chief Executive provided an overview of the report, noting that the main impacts on the forecast have come from timing in relation to the Parklands development; sales were affected by a significant District Plan change and there have been regulatory settlements paid from the fund.

In response to a separate question it was advised that the water modelling results are expected later this calendar year.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Acting Mayor White

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

Carried

 

Committee's recommendation

Councillors Wright / Price

That Council:

a.     Receive the financial forecast to 30 June 2019.

b.     Approve the 2018/19 financial forecast to 30 June 2019 including the proposed carry forward commitments to 2019/20.

 

Carried

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda

 

2.    Policies - CCTV and Disposal of Surplus Assets

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

727324

Reporting Officer/s & Unit:

Duncan Barr, Manager Information Services

Bryan Faulknor, Manager Property

 

2.1   Purpose of Report

To present the CCTV and Disposal of Surplus Assets Policy to Council to be approved.

 

 

At the Māori Consultative Committee meeting

There was no discussion on this item.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Acting Mayor White

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

Carried

 

Committee's recommendation

Councillors Price / Dallimore

That Council:

a.     Approve the updates made to the CCTV Policy for finalisation and publication.

b.     Approve the updates made to the Disposal of Surplus Assets Policy for finalisation and publication.

 

Carried

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda

 

Reports from Community Services Committee held 14 May 2019

 

1.    Iron Maori Event - Hardinge Road and Marine Parade Proposed Road Closures

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

730705

Reporting Officer/s & Unit:

Sera Chambers, Transportation Team Administrator

Kevin Murphy, Event Manager

 

1.1   Purpose of Report

To seek approval for the proposed course change and proposed road closures for the Iron Māori event to be held in 2019 and future years.

 

 

At the Māori Consultative Committee meeting DECISION OF COUNCIL

It was noted that the event route for Iron Māori has been similar for a number of years, and the event organisers are refreshing the course, both as a follow up to learnings from the 2018 and to provide competitors with a revitalised experience. It is expected that there will be approximately 2000 competitors across the four events of Iron Māori, accompanied by whanau and support crews. The event contributes approximately $900k in economic benefit to Napier and the region. As well as directly quantifiable economic benefits there are significant social and wellbeing implications from the fitness participation and social cohesion which contribute to the positive impact of the event.

 

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 Price / Boag

That Council:

a.     Note the proposed course change and road closures for the Iron Māori event and other events.

b.     Approve the road closures noting that the event traffic management plan may be modified to account for feedback obtained through the targeted consultation by the event management.

c.     That a DECISION OF COUNCIL is required urgently as planning is being undertaken now for events and marketing promotion will soon be underway.

Carried

 

 

Council Resolution

Councillors Price / Boag

That Council:

a.     Note the proposed course change and road closures for the Iron Māori event and other events.

b.     Approve the road closures noting that the event traffic management plan may be modified to account for feedback obtained through the targeted consultation by the event management.

Carried


Ordinary Meeting of Council - 28 May 2019 - Open Agenda

 

2.    Creative Communities Funding March 2019

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

728363

Reporting Officer/s & Unit:

Belinda McLeod, Community Funding Advisor

 

2.1   Purpose of Report

To note the Creative Communities funding decisions made on 28 March 2019. Council administers the scheme on behalf of Creative NZ. Funding decisions do not require ratification from Council.

 

 

At the Māori Consultative Committee meeting

It was noted this funding is a fixed grant provided by central government.

 

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 / Boag

That Council:

a.     Note the Creative Communities funding decisions made on 28 March 2019.

 

Carried

 

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 1

Reports Under Delegated Authority

 

1.    Documents Executed under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

709896

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

1.1   Purpose of Report

To report of Documents Executed Under Seal for the period 2 April – 10 May 2019.

 

 

Officer’s Recommendation

That Council:

 

a)     Receive the Report of Documents Executed Under Seal for the period 2 April – 10 May 2019.

 

 

ACTING Mayor’s Recommendation

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

 

 

Schedule of Documents Executed Under Seal for the period 2 April – 10 May 2019

Date

Document

Presenting Officer

06.04.19

Easement in Gross 10 Milton Road, Napier

Paul O’Shaughnessy

18.04.19

Easement and Fencing Covenant Kenny Road North

Colin Hunt

24.04.2019

Agreement to Lease Hawkes Bay Airport Ltd – Airport Holdings Limited

Bryan Faulkner

24.04.2019

Car Rental Licence Agreement Hawkes Bay Airport Limited & BVJV Limited

Bryan Faulkner

24.04.2019

Agreement to Lease Hawke’s Bay Airport Limited BP Oil New Zealand Limited

Bryan Faulkner

24.04.2019

Deed of Variation of sublease Hawke’s Bay Airport Limited and Aerospread Limited

Bryan Faulkner

24.04.2019

Bond release 12 Kowhai Road, Napier boundary adjustment

Paul O’Shaughnessy

30.04.2019

Leases of Reserves Pirimai and Onekawa Kindergartons

Jenny Martin

 

 

1.2   Attachments

Nil


Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 2

2.    Resource Consents

Type of Report:

Information

Legal Reference:

N/A

Document ID:

709898

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

2.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for the period 2 April – 10 May 2019.

 

 

Officer’s Recommendation

That Council:

Receive the report on Resource Consents issued under delegated authority for the period 2 April – 10 May 2019.

 

 

ACTING 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 2 April – 10 May 2019.

 

 

2.2   Attachments

a     Resource Consents issued between 2 April - 10 May 2019   


Ordinary Meeting of Council - 28 May 2019 - Attachments

 

Item 2

Attachments a

 

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Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 3

3.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

709902

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

3.1   Purpose of Report

To report Tenders let under delegated authority for the period 3 April – 10 May 2019.

 

 

Officer’s Recommendation

That Council:

 

a.     Receive the Report of Tenders Let for the period 3 April – 10 May 2019.

 

 

ACTING Mayor’s Recommendation

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

 

 

No tenders were let during this period.

 

3.2   Attachments

Nil


Ordinary Meeting of Council - 28 May 2019 - Open Agenda                                                                                                                                      Item 4

4.    Official Information Requests

Type of Report:

Information

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

746116

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

4.1   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 for the year to 17 May 2019.

 

 

ACTING Mayor’s Recommendation

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

 

 

Statistics for the Official Information Requests received for the year to 17 May 2019 are included in the attached report.

 

 

4.2   Attachments

a     Official Information Requests to 17 May 2019   


Ordinary Meeting of Council - 28 May 2019 - Attachments

 

Item 4

Attachments a

 

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Ordinary Meeting of Council - 28 May 2019 - Open Agenda

PUBLIC EXCLUDED ITEMS

 

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

 

Agenda Items

1.         Hawke's Bay Airport Limited - Quarterly Report

Reports from Finance Committee held 14 May 2019

1.         Hawke's Bay Airport Limited - 2019/20 Draft Statement of Intent

2.         Interim Governance Arrangements

 

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.  Hawke's Bay Airport Limited - Quarterly Report

7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

7(2)(j) Prevent the disclosure or use of official information for improper gain or improper advantage

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 14 May 2019

1.  Hawke's Bay Airport Limited - 2019/20 Draft Statement of Intent

7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
(i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

2.  Interim Governance Arrangements

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.

 

 


Ordinary Meeting of Council - 28 May 2019 - Open Agenda

 

 

Ordinary Meeting of Council

Open Minutes

 

Meeting Date:

Tuesday 16 April 2019

Time:

3.00pm - 4.22pm

Venue

Council Chambers
Hawke's Bay Regional Council
159 Dalton Street
Napier

 

 

Present

Acting Mayor White (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, Wise and Wright [via teleconference from 3.05pm to 4.07pm]

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Chief Financial Officer, Manager Property, Manager Community Strategies, Marketing Manager, Manager Sport & Recreation, Manager Design and Projects, Team Leader Governance

Administration

Governance Team

 

 

Apologies

Council resolution

Councillors Hague / Price

That the apology from Mayor Dalton be accepted.

Carried

Conflicts of interest

Nil   

Public forum

Nil   

Announcements by the Acting Mayor

The Acting Mayor noted that Council’s thoughts are with Mayor Dalton and his family at present, and that we are all wishing him a speedy recovery.

Announcements by the management

Nil   

Confirmation of minutes

Council resolution

Councillors Wise / Taylor

That the Draft Minutes of the Ordinary meeting held on 5 March 2019 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors Hague / Wise

That the Draft Minutes of the Extraordinary meeting held on 15 March 2019 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors Price / Brosnan

That the Draft Minutes of the Extraordinary meeting held on 2 April 2019 be confirmed as a true and accurate record of the meeting.

 

Carried

 

 

At the Chair’s direction, Item 1 from the Reports from Strategy and Infrastructure Committee held on 19 March 2019 was taken out of order to enable Councillor Wright to participate in the discussion via teleconference.

 

1.    Napier Aquatic Centre Development: Completing LTP Caveats

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

711664

Reporting Officer/s & Unit:

Glenn Lucas, Manager Sport & Recreation

 

1.1   Purpose of Report

The purpose of this report is to fulfil the requirements of the four caveats to the LTP decision to proceed with the development of the “Pools & Play” option at Prebensen Drive.

 

At the meeting

The Manager Sport and Recreation spoke to the report. He also provided an overview in relation to the Equitable Access Plan being developed for this facility, and noted that the important areas of focus for this work include location, sense of belonging, cultural capability, programming partnering and continuing community engagement and input.

In response to questions from Councillors the following points were clarified:

·         At this time Council has not received any complaints in relation to the aquatic centre from either the Office of the Ombudsman or the Waitangi Tribunal.

·         The Equitable Access Plan currently being developed will provide a framework that can be applied to other facilities in future.

·         A cultural impact study has not been completed on the site as this is not required as part of the resource consent process.

·         Many of the 47 risk factors previously identified do apply to both sites as they are related to project risks and not just the site. These risks have been transferred to the Prebensen site where relevant.

·         Council officers have received written confirmation from the New Zealand Transport Association advising that motorway designations will be lifted from the Prebensen site.

·         Operational matters concerning the day-to-day utilisation of the facility will be discussed at a later stage.

·         Traffic impact reports are currently being undertaken and the results are not known at this time; however, they will be provided as part of the resource consent application.

·         The proposed areas for expansion in the project fall outside of the liquefaction risk areas.

·         $41.3Million has been approved for the project through the Long Term Plan (LTP), not $50Million as reported. The cost of land is not normally included in capital projects and the $3Million proposed to be set aside as a project contingency due to the timing delay through the 2018 notice of motion has not been approved at this time.

·         All statutory responsibilities and legislation requirements have been met through the special consultative process under the LTP. Council’s audit process ensures these are met also.

·         The Audit and Risk Committee provide an open forum for discussion around risks. A seminar was also held with the Committee around the LTP to assess risks and work through planned borrowing. No other risks have been raised by the Committee in relation to this project.

Before opening the matter up for discussion the Acting Mayor reiterated that the motion on the table is about the scope of tender. It was noted that the Māori Consultative Committee did not make any further recommendations to Council for consideration on this matter.

Those in support of the motion noted the following points:

·         The caveats in question have been completed and the scope of tender includes everything required to meet the community’s needs.

·         The community are protected from cost increases. If the tender comes in above budget Council can consider options. Until the tenders are received the cost is unknown. 

·         Significant opportunities are presented through the new facility including looking at ways to deliver equitable access, local storytelling, learn to swim programmes and the redevelopment of the Onekawa site. 

·         The community is crying out for more aquatic facilities. The biggest area of complaint for the city for several years has been the current aquatic facilities.   The Onekawa aquatic centre is currently at capacity with significant waiting lists for learn to swim programmes.

·         The affordability of this project has been assessed at many stages throughout this process.

·         The Audit and Risk Committee have not raised any risks regarding this project and the only risk remaining is in further delaying the project. The proposed $3Million contingency is required due to the significant delays to this project to date.

·         The community has been asking for better aquatic facilities for the last 20 years.

·         Councillors should be able to trust the independent assurances given to them around the affordability of this project. Council has not deviated from the figures assessed by Audit New Zealand and provided to the Audit and Risk Committee. The information provided to Councillors says that this is affordable.

·         This is a 50 year plus facility and when you consider the projected growth this location will be in the middle of the city in 50 years’ time.

Those against the motion noted the following points:

·         The total cumulative rates increase for this project over the next three years would be 5.6%.

·         There is concern around potential budget ‘blow outs’, and whether that will mean having to reassess and cutting other elements from the plans in order to reduce costs.

·         Some Councillors did not feel that the amount set aside will be sufficient to complete the project and meet Council’s aspirational goal.

·         The current forecast lending does not appear to include other risks including social housing; Council has other risks that they need to set funds aside for.

·         Only five schools out of 35 are close to the Prebensen site and the lack of lane space still does not appear to have been sufficiently addressed.

·         The overall rates affordability was discussed at length with some Councillors expressing concerns as to the impact on ratepayers, specifically those on fixed incomes.

In response to questions it was clarified that standing orders (in line with the local Government Act 2002) provide for the Chair to have casting vote in the event of a split decision.

Committee's recommendation

 

That Council:

a.     Note that three of the four caveats outlined during the Long Term Plan deliberations in relation to proceeding with the Aquatic Centre project have been completed:

i.      Caveat #1: Post-move development and funding plan put in place for Onekawa Park has been met by the Onekawa Park Development and Funding Plan.

ii.     Caveat #2: Outdoor space built-in to the new complex has been meet by the design concepts included in the ‘Napier Aquatic Centre Concept Design Revision 3.0’.

iii.    Caveat #4: The site investigations for the new location being completed has been met by the Tonkin and Taylor report (Proposed Napier Aquatic Centre, Prebensen Drive, Napier).

b.     Endorse the ‘Scope of Tender’ for the Aquatic Centre project as detailed in this report.  This will complete Caveat #3: Scope for Tender agreed by Council before it is tendered.

c.     Note that the tender come back to Council for approval, including financial costs.

 

Council resolution

Amended Motion  becoming the Substantive Motion

Councillors Brosnan / Taylor

That Council:

a.     Note that three of the four caveats outlined during the Long Term Plan deliberations in relation to proceeding with the Aquatic Centre project have been completed:

i.      Caveat #1: Post-move development and funding plan put in place for Onekawa Park has been met by the Onekawa Park Development and Funding Plan.

ii.     Caveat #2: Outdoor space built-in to the new complex has been meet by the design concepts included in the ‘Napier Aquatic Centre Concept Design Revision 3.0’.

iii.    Caveat #4: The site investigations for the new location being completed has been met by the Tonkin and Taylor report (Proposed Napier Aquatic Centre, Prebensen Drive, Napier).

b.     Endorse the ‘Scope of Tender’ for the Aquatic Centre project as detailed in this report.  This will complete Caveat #3: Scope for Tender agreed by Council before it is tendered.

c.     Note that the tender come back to Council for approval, including financial costs.

d.     That an Equitable Access Plan now be developed in partnership with         the community, to be brought back to Council.

The division was declared carried by 7 votes to 6 votes the voting being as follows:

For:                 Acting Mayor White (both deliberative and casting vote), Councillors Brosnan, Hague, Price, Taylor and Wright

Against:         Councillors Boag, Dallimore, Jeffery, McGrath, Tapine and Wise

Carried

 

 Councillor Wright left the meeting at 4.07pm

Agenda Items

 

1.    FORD ROAD EXTENSION - LAND LEGALISATION 

Type of Report:

Legal

Legal Reference:

Public Works Act 1981

Document ID:

723251

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

 

1.1   Purpose of Report

To seek resolutions pursuant to the Public Works Act 1981 to declare certain land a road and land as a severance. This is required to complete land legalisation matters relating to the Ford Road Extension project.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Brosnan / Hague

That Council:

a.     Resolve, pursuant to Section 114 of the Public Works Act 1981, to consent to the land described in Schedule 1 below to be declared a road and vested in the Council.

 

b.     Resolve, pursuant to Section 119 of the Public Works Act 1981, to consent to the land described in Schedule 2 below to be declared taken and vested in the Council as severance.

 

SCHEDULE 1

Hawkes Bay Land District - Napier City

Area (hectares)

Legal Description

Identifier

0.0198

Section 2 SO Plan 453204

Part CFR 386409

0.3998

Section 3 SO Plan 453204

Part CFR 386410

0.0588

Section 6 SO Plan 453204

CFR HBV1/660

0.0054

Section 7 SO Plan 453204

Part CFR 209528

0.2343

Section 8 SO Plan 453204

Part CFR HBH2/1500

0.0612

Section 10 SO Plan 453204

Part CFR HBE4/998

 

SCHEDULE 2

Hawkes Bay Land District - Napier City

Area (hectares)

Legal Description

Identifier

0.0096

Section 9 SO Plan 453204

Part CFR HBE4/998

 

Carried

 

 


 

2.    Council Projects Fund - Application

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

723391

Reporting Officer/s & Unit:

Natasha Carswell, Manager Community Strategies

 

2.1   Purpose of Report

This report requests Council to make a decision on whether or not to fund a proposal from Citizens Advice Bureau Napier (CAB) from the Council Projects Fund.

 

At the meeting

It was noted that it is important for the CAB to be based in the CBD location in order to continue to provide this important service.

In response to questions it was clarified that the CAB service agreement is up for review in two years time and any gap between the end of the lease and co-locating with the new Napier Library can be assessed as part of that process.

Council resolution

Councillors Boag / Wise

That Council:

a.     Approve the assessment recommendation to provide a one off grant from the Council Projects Fund of $30,000 plus GST from the Council Projects Fund 2019/20 allocation, to support CAB to remain in its CBD location temporarily until it can co-locate with the Napier Library.

 

Carried

 

 


 

3.    Terms of Reference Update - Māori Consultative Committee

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

724566

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

3.1   Purpose of Report

To seek confirmation from Council for a minor wording update to the Terms of Reference for the Māori Consultative Committee.

 

At the meeting

A question was raised regarding the Committee’s responsibilities under the Local Government Act 2002 which directly considers a mana/tāngata whenua perspective of Council business. The terms of reference mention tāngata whenua but not mana whenua and Councillors were advised that officers would come back to them on this. It was also noted that we do not currently have mana whenua representation on the Committee.

The Chief Executive confirmed that work around the review of the Māori Consultative Committee’s terms of reference are still ongoing.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Approve the update of the Terms of Reference for the Māori Consultative Committee.

 

Carried

 

 


 

4.    Joint Council Waste Futures Project Steering Committee - Minutes

Type of Report:

Information

Legal Reference:

N/A

Document ID:

725089

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

4.1   Purpose of Report

To present to Council the unconfirmed minutes of the Joint Council Waste Futures Project Steering Committee meeting held on 22 March 2019.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Brosnan / Tapine

That Council:

a.     Receive the unconfirmed minutes of the Joint Council Waste Futures Project Steering Committee meeting held on 22 March 2019.

 

Carried

 

 


 

5.    Hawke's Bay Drinking Water Governance Joint Committee - Minutes

Type of Report:

Information

Legal Reference:

N/A

Document ID:

725084

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

5.1   Purpose of Report

To present to Council the unconfirmed minutes of the Hawke’s Bay Drinking Water Governance Joint Committee meeting held on 7 November 2019.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Price

That Council:

a.     Receive the unconfirmed minutes of the Hawke’s Bay Drinking Water Governance Joint Committee meeting held on 7 November 2019.

 

Carried

 

 


 

6.    HB Crematorium Committee - Minutes

Type of Report:

Information

Legal Reference:

N/A

Document ID:

725074

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

6.1   Purpose of Report

To present to Council the unconfirmed minutes of the Hawke’s Bay Crematorium Committee meeting held on 8 April 2019.

 

At the meeting

It was noted that some of the issues raised were dealt with at the meeting and have been resolved.

As the Māori Standing Committee have made some enquiries regarding the crematorium in the last 12 months it would be beneficial for these minutes to be provided to them together with the pricing and impacts with regards to the agreed changes.

Council resolution

Councillors Taylor / McGrath

That Council:

a.     Receive the unconfirmed minutes of the Hawke’s Bay Crematorium Committee meeting held on 8 April 2019.

 

Carried

 

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

Māori CONSULTATIVE COMMITTEE MEETING - 9 April 2019

 

At the meeting

It was noted that although the Committee did not make any further recommendations on the aquatic centre item during the meeting, members did discuss the matter at length and a meeting has since been held with the Chief Executive to address their concerns.

 

Council resolution

Councillors Tapine / Price

That the Māori Consultative Committee Minutes be received.

Carried

 

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

 


 

Reports from Strategy and Infrastructure Committee held 19 March 2019

 

2.    Leases of Reserves - Napier Free Kindergarten Association Incorporated

Type of Report:

Legal

Legal Reference:

Reserves Act 1977

Document ID:

702389

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

2.1   Purpose of Report

To obtain a Council decision to enter into two new ground leases with the Napier Free Kindergarten Association Incorporated for the Pirimai Kindergarten and the Onekawa Kindergarten.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Price / Dallimore

That Council:

a.     Recommends that Council Resolve to:

i.      Enter into new ground leases with the Napier Free Kindergarten Association Incorporated for the Pirimai Kindergarten and the Onekawa Kindergarten for 15 years with one 15 year right of renewal.

Carried

 


 

3.    Lease of Reserve - Maraenui Rugby & Sports Association Incorporated

Type of Report:

Enter Significance of Report

Legal Reference:

Reserves Act 1977

Document ID:

710981

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

3.1   Purpose of Report

To obtain a Council decision to enter into a new ground lease with the Maraenui Rugby & Sports Association Incorporated for two portions of land located at Maraenui Park, Dinwiddie Avenue, Napier.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Price / Dallimore

That Council:

a.     Resolve to:

i.      Enter into a new ground lease with the Maraenui Rugby & Sports Association for 15 years with one 15 year right of renewal.

 

Cr Boag did not vote, as per declaration of interest

 

Carried

 


 

4.    Plastic Recycling

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

713737

Reporting Officer/s & Unit:

Rhett van Veldhuizen, Waste Minimisation Lead

Reason for Exclusion

Section 7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

Section 7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

 

4.1   Purpose of Report

The purpose of this report is to update Council on the current plastic recycling market situation, the impact on the Napier City Council waste services and the options going forward.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Price / Dallimore

That Council:

a.     Receive the report of the Waste Minimisation Lead titled “Plastic Recycling” dated 19/03/2019.

b.     Approve the preferred option to collect only Grades 1 and 2 plastics to enable further negotiation with the contractors involved.

c.     Approve funding up to $50k for a joint communication plan on the change with Hastings District Council funded from existing Solid Waste budgets.

Carried

 


 

Reports from Audit and Risk Committee held 28 March 2019

 

1.    Annual Plan 2019/20 Underlying Documents

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

715731

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

Caroline Thomson, Chief Financial Officer

 

1.1   Purpose of Report

That the Committee review and provide feedback to Council on the Annual Plan 2019/20 underlying documents prior to the final adoption of the reports.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

That Council:

a.     Receive the Annual Plan 2019/20 underlying documents:

·      Draft Annual Plan

·      Revenue and Financing Policy

·      Rates Remission Policy

b.     Recommend to Council for information to be approved for consultation

Carried

 


 

2.    Risk Management Report March 2019

Type of Report:

Information

Legal Reference:

N/A

Document ID:

715748

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

2.1   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 Council:

a.     Note the risk management work being undertaken by the Napier City Council Risk Committee.

b.     Note the current Major Project risks.

c.     Receive the latest Risk Report Dated 7 March 2019.

Carried

 


 

3.    Risk Management - Insurance Arrangements

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

711491

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

 

3.1   Purpose of Report

To outline Council’s current insurance programme, discuss any issues and to provide the opportunity for the Committee to provide feedback for insurance arrangements for the upcoming financial year 2019/20.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

That Council:

a.     Resolve to receive the report on current insurance arrangements.

b.     That any feedback from the committee be considered for incorporation into the insurance arrangements for the insurance year commencing 1 July 2019.

Carried

 


 

4.    Risk Management - Business Continuity Plan Update

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

715767

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

4.1   Purpose of Report

Update on progress towards the development of a Business Continuity Management programme for Napier City Council.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

That Council:

a.     Receive the Draft Business Continuity Plan update.

b.     Receive the Draft Business Impact Assessment.

c.     Provide feedback to Council officers for inclusion in final plans.

Carried

 


 

5.    Health and Safety Report

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

712384

Reporting Officer/s & Unit:

Sue Matkin, Manager People & Capability

 

5.1   Purpose of Report

The purpose of the report is to provide the Audit and Risk Committee with an overview of the health and safety performance as at 31 December 2018.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

That Council:

a.     Receive the Health and Safety report as at 31 December 2018

Carried

 


 

6.    External Accountability - Investment and Debt Report

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

713474

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

6.1   Purpose of Report

To consider the snapshot report on Napier City Council’s Investment and Debt as at 28 February 2019. 

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

That Council:

a.     Receive the snapshot report on Napier City Council’s Investment and Debt as at 28 February 2019.

Carried

 


 

7.    External Audit - Audit Arrangements for Year Ending 30 June 2019

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

713477

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

7.1   Purpose of Report

To outline the audit arrangements for the audit of the Napier City Council for the year ending 30 June 2019.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

That Council:

a.     Resolve that the audit arrangements for the year ending 30 June 2019 as set out in the audit arrangement letter from Audit New Zealand is received.

Carried

 


 

Reports from Finance Committee held 2 April 2019

 

1.    Hawke's Bay Airport Ltd Half Year Report to 31 December 2018

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

714397

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

1.1   Purpose of Report

To receive the half year report to shareholders from Hawke’s Bay Airport Limited to 31 December 2018.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Taylor / Hague

That Council:

a.     Receive the Hawke’s Bay Airport Limited half year report to shareholders, to December 2018.

Carried

 


 

2.    Elected Members' Remuneration - 2019 Information Update

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

713356

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

2.1   Purpose of Report

To present to Council an information update on the 2019 process provided by the Remuneration Authority, the national body charged with matters in relation to elected members’ remuneration.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Taylor / Hague

That Council:

a.     Receive the information update on the 2019 elected members’ remuneration process provided by the national Remuneration Authority.

Carried

 


 

3.    Quarterly Report for the six months ended 31 December 2018

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

711016

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

3.1   Purpose of Report

To consider the Quarterly Report for the six months ended 31 December 2018.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Taylor / Hague

That Councill:

a.     Receive the Quarterly Report for the six months ended 31 December 2018.

Carried

 


 

4.    Consent to land being declared road

Type of Report:

Legal

Legal Reference:

Public Works Act 1981

Document ID:

715741

Reporting Officer/s & Unit:

Jenny Martin, Property and Facilities Officer

 

4.1   Purpose of Report

Seek approval by Council under the Public Works Act to consent to the land at 243 Awatoto Road be declared road.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Taylor / Hague

That Council:

a.     Recommends that Council Resolve:

i.      That in accordance with the provisions of Section 114(2) of the Public Works Act 1981, to consent to the land described in the Schedule hereto to be declared road and vested in the Napier City Council.

 

SCHEDULE

Hawkes Bay land District – Napier City

 

Area

(hectares)

Legal Description

Part of Record

Of Title

0.0039

Section 1 SO Plan 531110

651679

 

Carried

 


 

Reports from Community Services Committee held 2 April 2019

 

1.    Submission of Remit Application to Local Government New Zealand - Housing

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

713591

Reporting Officer/s & Unit:

Natasha Carswell, Manager Community Strategies

 

1.1   Purpose of Report

To seek approval to submit a Remit application to Local Government New Zealand (LGNZ) for them to approach the Government to seek funding support for the operation, upgrade and growth of local authority social housing portfolios.

 

At the meeting

Although a Decision of Council was made at the Community Services Committee meeting held on 2 April 2019, the Chief Executive advised that at the remit was passed at the LGNZ Zone Three meeting following a reasonable amount of debate on the matter, with those not backing the remit feeling that Councils should not be involved in housing matters. In the end the remit received the support required but it was noted that it may be difficult to get this one through at the annual Local Government New Zealand conference.

Council resolution

At the Community Services Committee meeting held on Tuesday, 2 April 2019 the following  committee recommendation was ratified  as a DECISION OF COUNCIL.

 

Councillors Wright / Brosnan

That Council:

a.     Approve the submission of the Remit application regarding Social Housing.

 

Carried

 

 


 

2.    SUBMISSION OF REMIT APPLICATION TO LOCAL GOVERNMENT NEW ZEALAND - LIABILITY TO BUILDING DEFECTS CLAIMS

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

716495

Reporting Officer/s & Unit:

Wayne Jack, Chief Executive

 

2.1   Purpose of Report

To seek approval to submit a Remit application to Local Government New Zealand (LGNZ) to take action as recommended by the Law Commission in its 2014 report on “Liability of Multiple Defendants” to limit the liability of councils in New Zealand in relation to building defects claims.

 

 

At the meeting

Although a Decision of Council was made at the Community Services Committee meeting held on 2 April, the Chief Executive advised that at the remit was passed at the zone three meeting with no concerns raised.

Council resolution

At the Community Services Committee meeting held on Tuesday, 2 April 2019 the following  committee recommendation was ratified  as a DECISION OF COUNCIL.

 

Councillors Wright / Jeffery

That Council:

a.     Approve the submission of the Remit application regarding liability of councils in relation to building defects claims

 

Carried

 


 

3.    Support of Hastings District Council Remit Application to Local Government New Zealand - Alcohol Harm

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

715928

Reporting Officer/s & Unit:

Michele Grigg, Senior Advisor Policy

 

3.1   Purpose of Report

To seek Council’s support for Hastings District Council’s (HDC) Remit application to Local Government New Zealand (LGNZ) asking them to identify opportunities and actively advocate on national policy changes to reduce alcohol harm.

 

At the meeting

Although a Decision of Council was made at the Community Services Committee meeting held on 2 April, the Chief Executive advised that feedback from the LGNZ Zone Three meeting was that this remit is very high level with some unsure of how it would help to achieve the desired outcomes.

Council resolution

At the Community Services Committee meeting held on Tuesday, 2 April 2019 the following  committee recommendation was ratified  as a DECISION OF COUNCIL.

 

Councillors Jeffery / Hague

That Council:

a.     Endorse Hastings District Council’s Remit application to LGNZ about reducing alcohol harm.

 

Carried

 

 


 

4.    Hawke's Bay Museums Trust Collection Management Agreement

Type of Report:

Contractual

Legal Reference:

N/A

Document ID:

715942

Reporting Officer/s & Unit:

Antoinette Campbell, Director Community Services

 

4.1   Purpose of Report

To seek Council approval to enter into a new Management Agreement with the Hawke’s Bay Museum Trust (HBMT) for a period of one year while the Hawke’s Bay Regional Collection Joint Working Group conducts its review of governance and operational arrangements of how the collection is to be maintained and governed.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Boag / Wise

That Council:

a.     Approve that Napier City Council enter into a one-year Management Agreement with the Hawke’s Bay Museum Trust.

Carried

 


 

5.    Regional Indoor Sports and Events Centre (RISEC) Trustees

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

709895

Reporting Officer/s & Unit:

Antoinette Campbell, Director Community Services

 

5.1   Purpose of Report

To endorse the appointment of the Regional Indoor Sports and Events Centre (RISEC) trustees for a further term of three years.

 

 

At the meeting

This matter was not discussed or dealt with at the meeting and remains on the table following the Community Services Committee meeting held on 2 April 2019. A further report will come back to Council at a later date.

 

Officer’s Recommendation

The Community Services Committee:

a.     Endorse the Advisory Group’s recommendation to the RISEC Board to appoint the current trustees for a further three-year term.

 

This Officer’s recommendation was laid on the table, pending further information in relation to the lack of diversity in the current proposed trustees.

 

 


 

6.    Safer Napier programme - annual update

Type of Report:

Information

Legal Reference:

Enter Legal Reference

Document ID:

713588

Reporting Officer/s & Unit:

Michele Grigg, Senior Advisor Policy

 

6.1   Purpose of Report

To provide a summary of the 2017/18 year of the Safer Napier programme, including key highlights and benefits to Council and Napier.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Boag / Wise

That Council:

a.     Note the Safer Napier programme update.

Carried

 

 

Reports Under Delegated Authority

 

1.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

709847

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

1.1   Purpose of Report

To report Tenders let under delegated authority for the period 25 February – 2 April 2019.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Jeffery / Taylor

That Council:

 

a.     Receive the Report of Tenders Let for the period 25 February – 2 April 2019.

 

Carried

 

 


 

2.    Resource Consents

Type of Report:

Information

Legal Reference:

N/A

Document ID:

709875

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

2.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for the period 25 February to 29 March 2019.

 

At the meeting

It was requested that the Chair of the Hearings Committee be advised of the reasons for any non-complying activities in future.

Council resolution

Councillors Jeffery / Taylor

That Council:

a)     Receive the report on Resource Consents issued under delegated authority for the period 25 February to 29 March 2019.

 

Carried

 

 


 

3.    Documents Executed under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

709886

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

3.1   Purpose of Report

To report of Documents Executed Under Seal for the period 25 February – 1 April 2019.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Jeffery / Taylor

That Council:

 

a)     Receive the Report of Documents Executed Under Seal for the period 25 February – 1 April 2019.

 

Carried

 

 


 

4.    Official Information Requests

Type of Report:

Information

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

725150

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

4.1   Purpose of Report

To present the year to date Official Information Request statistics.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Jeffery / Taylor

That Council:

a.     Receives the report Official Information Requests for the year to 10 April 2019.

 

Carried

  

 PUBLIC EXCLUDED ITEMS

 

Council resolution

Councillors Wise / Dallimore

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

Carried

 

Agenda Items

1.         Joint Council Waste Futures Project Steering Committee - Public Excluded Minutes

Reports from Strategy and Infrastructure Committee held 19 March 2019

1.         Parking Strategy Implementation

2.         Award of Contract - Inner Harbour Dredging

Reports from Audit and Risk Committee held 28 March 2019

1.         Control Framework - Freeholding Framework

Reports from Community Services Committee held 2 April 2019

1.         Art Deco Trust Loan Repayment

 

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.  Joint Council Waste Futures Project Steering Committee - Public Excluded Minutes

7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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 19 March 2019

1.  Parking Strategy Implementation

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.

2.  Award of Contract - Inner Harbour Dredging

7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities

48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
(i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

Reports from Audit and Risk Committee held 28 March 2019

1.  Control Framework - Freeholding Framework

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 Community Services Committee held 2 April 2019

1.  Art Deco Trust Loan Repayment

7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
(i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

 

The meeting moved into committee at 4.22pm.

 

 

 

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

 

 

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

 

 

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