Meeting Date:

Tuesday 3 September 2019

Time:

2.00pm

Venue:

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

Council Members

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

Officer Responsible

Acting Chief Executive

Administrator

Governance Team

Next Ordinary Council Meeting

To be advised post election

Officer’s Recommendation

That Council:

a.     Receive the following notice of motion presented 26 August 2019:

i.      That Council resolve to accept the proposal by the Friends of the Onekawa Aquatic Society to defer the High Court Hearing scheduled for 30 September 2019 until after the election of the new council on 12 October 2019

b.     Consider the motion in committee, within the context of the legal update to be provided on the open legal proceedings, for which purpose a public excluded item is included in the agenda of this meeting.

Acting Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Adopt the Napier City Council Annual Dog Control Report 2018/19.

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

Acting Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Approve the distribution any interest of the John Close Bequest as grants to the designated organisations that meet the criteria of the Will for the next three years.

b.     Approve the distribution of a portion of any interest as grants in accordance with the criteria of the Will, with the remaining portion to be retained to rebuild its capital in accordance with the Will.

Acting Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Approve the applications to external funders for the 2019/20 New Year’s Eve Event.

Acting Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Receive the minutes from the 27 May 2019 meeting of the Hawke’s Bay Civil Defence Emergency Management Group 

Acting Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Receive the draft minutes of the Hawke’s Bay Drinking Water Governance Joint Committee meeting on 11 April 2019.

Acting Mayor’s Recommendation

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

Māori Consultative Committee Recommendation

That the Māori Consultative Committee recommendations be adopted.

At the Māori Consultative Committee meeting

It was noted in the discussion that although it is good that this bylaw is taking steps to protect the environment, and that there is a budget to start addressing pollution, the past discharges by Napier City Council into the Ahuriri Estuary and the ten year timeline to clean it up is concerning. The aspirational targets of getting the Estuary back to being safe for swimming and for the collection of kaimoana should be set as tangible measures to encourage progress. It is a Treaty of Waitangi obligation to protect taonga, which the Estuary is.

In response to questions the following points were clarified:

·     Approximately $26 million has been approved for investment into the stormwater network and $10.5 million into the wastewater network. The long term outlook is good. In the short term there is a lot of work to do, and although Napier City Council’s environmental solutions team is quite large compared to other Council’s nationwide, it is still a lot of work for the resources available.

·     Upgrading stormwater and wastewater infrastructure will help to prevent overloading of the system, which has led to the Council discharging into the Estuary previously.

·     Water is the number one priority for Council. Councillors are unhappy with previous discharges into the Estuary. It was noted that the new network needs to be able to deal with the rise of extreme weather events too.

·     The new aquarium will aim to educate individuals about the environment and conservation, and the aim is to reflect this educational message in the Napier environment. It was noted that of the $45 million dollar budget for the aquarium, $11 million will  be funded by Napier City Council, with the balance being funded externally. 

·     Hastings District Council is also part of the estuary issues, but they are not included in this bylaw.

·     The bylaw will not be impacted by the Three Waters Review, although the review will help to strengthen bylaws like this one.

·     Currently only high risk industry polluters are interacted with. This bylaw enables warranted Council officers to investigate and interact with all suspected polluters. Negligence by humans is one of the largest contributors to the pollution in the stormwater network. Napier City Council will be able to hold a polluter accountable and pass the cost of clean-up onto them, rather than the ratepayers.

·     Iwi authorities and mana whenua groups have been identified, amongst other groups, as being part of the wider consultation process.

It was agreed by the Committee members that they will be telling their Board of Trustees, Marae and community’s to only vote for candidates in the next local election who make this issue a priority.

MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION

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

Councillor Tapine Abstained

Committee's recommendation

The Regulatory Committee:

a.     Confirm, in accordance with Section 155 of the Local Government Act 2002, that a Stormwater Bylaw is the most appropriate way of addressing the issues of:

i.      Protection of the public stormwater system, and the land, structures, and infrastructure associated with that network from damage, misuse or loss.

ii.     The ability to manage the development, maintenance and use of the public stormwater network, and the land, structures, and infrastructure associated with that network, and provide for the conditions on which connections to the public stormwater network may be made or maintained.

iii.    Ensuring that discharges into the public stormwater network are appropriately managed, and do not damage the network or compromise the Council’s ability to comply with any applicable network discharge consent and Council’s water quality targets.

b.     Approve the review of the Draft Napier Stormwater Bylaw 2019 and the Statement of Proposal, and;

c.     Authorise Officers to proceed with public notification and the special consultative procedure as prescribed in the Local Government Act for adopting a bylaw.

Councillor Tapine Abstained

At the Meeting

The Manager regulatory Solutions spoke to the report, advising that it is proposed that delegated authority be provided to the Chief Executive (CE) to impose temporary liquor bans for practical reasons. Requests often come with an application for a special liquor licence which need to be acted on within a 20 day period; the Council meeting cycle does not always conform to that timeline. The CE already has the delegated authority to temporarily suspend a liquor ban.

The temporary liquor bans imposed by the CE will be advised to the Council via the quarterly report.

If the CE is not available the delegated authority would move to the acting CE. Applications for special liquor licences go to the District Licencing Committee.

It was noted there is no appeal process in place for declined applications.

In response to questions from councillors it was noted that Council doesn’t have control over the waste created by special events; it is the responsibility of the event organisers to submit a waste management plan, and organise private contractors to remove waste. While there is an action captured in the Waste Management and Minimisation Plan (WMMP) to work with the community and event organisers to facilitate better recycling and food and beverage packaging at events, an event application cannot be declined due to an insufficient waste management plan; Council can only educate and advise.

Committee's recommendation

The Regulatory Committee:

a.     Approve the request to grant delegated authority to the Chief Executive to allow for temporary liquor bans to be imposed for large events.

At the Māori Consultative Committee meeting

It was noted that this policy will help address anti-social behaviour in the community. It was also noted that this policy has come about as a result of the lack of action at a national level due to push-back from the liquor industry.

That Council:

a.     Receive the report of the Manager, Regulatory Solutions titled “Hastings District and Napier City Council’s Joint Local Alcohol Policy (LAP)”.

b.     Resolve that in accordance with section 90 of the Sale and Supply of Alcohol Act 2012:

i.      The Local Alcohol Policy is publicly notified

ii.     The Local Alcohol Policy comes into force on 21 August 2019

iii.    The Local Alcohol Policy hours provision in Section 5 of the Local Alcohol Policy comes into force on 21 November 2019.

c.     That a preliminary review be considered in three years after the policy becomes operative with a compulsory full review required within six years of the enforcement date.

d.     That a research working party of the key agencies is developed to start gathering evidence to support the full review of the policy in six years as required by the Sale and Supply of Alcohol Act 2012.

Committee's recommendation

The Regulatory Committee:

a.     Receive the report of the Manager, Regulatory Solutions titled “Hastings District and Napier City Council’s Joint Local Alcohol Policy (LAP)”.

b.     Resolve that in accordance with section 90 of the Sale and Supply of Alcohol Act 2012:

i.      The Local Alcohol Policy is publicly notified

ii.     The Local Alcohol Policy comes into force on 21 August 2019

iii.    The Local Alcohol Policy hours provision in Section 5 of the Local Alcohol Policy comes into force on 21 November 2019.

c.     That a preliminary review be considered in three years after the policy becomes operative with a compulsory full review required within six years of the enforcement date.

d.     That a research working party of the key agencies is developed to start gathering evidence to support the full review of the policy in six years as required by the Sale and Supply of Alcohol Act 2012.

e.     That a DECISION OF COUNCIL is required urgently to allow the notification and further actions to implement the joint Hastings District and Napier City Council’s Local Alcohol Policy to take place as scheduled by 21 August 2019.

At the Māori Consultative Committee meeting

There was no discussion on this item.

MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION

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

Committee's recommendation

The Regulatory Committee:

a.     Receive the Quarterly City Strategy Regulatory Activity Report for the period 1 April 2019 to 30 June 2019.

At the Māori Consultative Committee meeting

It was noted that after robust discussion at the Finance Committee meeting, it was decided not to increase Bay Skate’s charges at this stage as the risk of losing customers outweighed the potential gain in revenue. The fees will be reviewed as part of the next Annual Plan.

MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION

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

Substitute Motion

Committee's recommendation

That the Finance Committee:

a.     Agree that the proposed fee increases for Bay Skate are parked and reviewed again in eight months to a year’s time, as part of the next Annual Plan, to ensure they are in line with the Financial Strategy.

At the Meeting

The Community Advisor spoke to the report, seeking feedback on the name for a parent facility in Napier’s CBD. A name is sought that reflects the purpose of the space, and that it is intended for any caregiver and child up to 5 years of age to utilise. Feedback from Plunket and the Hawke’s Bay Parent Centre was received, and further feedback will also be sought through Kōhanga and early childcare education facilities.

P Eden and N Mackie joined the meeting at 3.12pm

C Ropitini joined the meeting at 3.20pm

Committee members advised that it is best practice to check Te Reo Māori names with any groups who may be associated with them (Iwi or Hapu), and gain their permission to use the name. There has been occasion in the past when inappropriate names have been used, and it has caused offence.

In response to questions the following point was clarified:

·     An English translation would help visitors to New Zealand to know what the space is for, however there will be education about the space locally, and a list or pictures of uses of the facility displayed. 

Te kōhanga atawhai was the preferred name of the committee as the word kōhanga relates to the care, love and nurturing of children, which will be the purpose of the space. Council officers were advised to consult Matua Hook  regarding the use of the name as he is the Chairperson of the Te Kōhanga Reo National Trust.

It was noted that the English translation provided in the report for te kōhanga atawhai  as being ‘children’s nursery’ is not quite correct. Translated it is a birds nest. This needs to be clarified, again with Matua Hook, but committee members confirmed that this doesn’t need to come back through the Committee for approval.

MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION

That Council:

a.    

a.       Notes that the Māori Consutlative Committee supports the name Te Kōhanga Atawhai with a further recommendation to consult with Matua Hook.

MĀORI CONSULTATIVE COMMITTEE'S RECOMMENDATION

That Council:

a.    

a.       Notes that the Māori Consutlative Committee supports the name Te Kōhanga Atawhai with a further recommendation to consult with Matua Hook.

Officer’s Recommendation

That Council:

a)     Receive the Report of Documents Executed Under Seal for the period 25 June 2019 – 20 August 2019.

Date

Document

Presenting Officer

26.06.2019

Easement 96 Austin Street, Napier

Colin Hunt

02.07.2019

Sewer Easement in gross and Fencing Covent both for 112 Nuffield Avenue Subdivision

Colin Hunt

03.07.2019

Revocation of Easement 96 Austin Street, Napier

Colin Hunt

03.07.2019

Partial Surrender of Easement in Gross 96 Austin Street, Napier

Colin Hunt

12.07.2019

Surrender of Easement in Gross Ford Road, Onekawa, Napier

Colin Hunt

12.07.2019

Partial Surrender of Easement in Gross, 18 Salisbury Avenue, Tamatea, Napier

Colin Hunt

12.07.2019

Easement in Gross  18 Salisbury Avenue, Tamatea, Napier

Colin Hunt

18.07.2019

Car Rental Licence Agreement HB Airport Ltd and Motoka Rentals Ltd (Thrifty) in duplicate

HB Airport

25.07.2019

Create an Easement in Gross 44 Downing Avenue subdivision

Colin Hunt

06.08.2019

Sewer Easement in Gross 21 & 23A Holyrood Street

Colin Hunt

06.08.2019

Sewer Easement in Gross 3 Maadi Road, Napier

Colin Hunt

12.08.2019

Sewage Easement 93 Puketapu Road, Napier

Colin Hunt

12.08.2019

Consent to Transfer Lessee’s interest held in Lease 11380895.1 54 Pandora Road, Napier

Bryan Faulknor

12.08.2019

Renewal of Ground Lease 703 & 705 Meeanee Quay, Westshore

Bryan Faulknor

14.08.2019

Consent to transfer leases 703 & 705 Meeanee Quay, Westshore

Bryan Faulknor

Officer’s Recommendation

That Council:

Receive the report on Resource Consents issued under delegated authority for the period 25 June 2019 – 20 August 2019.

Officer’s Recommendation

That Council:

a.     Receive the Report of Tenders Let for the period 25 June 2019 – 20 August 2019.

Officer’s Recommendation

That Council:

a.     Receives the report ‘Official Information Requests’ for the year to 20 August 2019.

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.  Aquatic Centre Legal Update

7(2)(g) Maintain legal professional privilege

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.  Hawke's Bay Airport Limited - Report to Shareholders

7(2)(c)(i) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied

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

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

3.  Hawke's Bay Airport Limited - Remuneration of Directors

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)(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.

4.  COMMUNITY SERVICES GRANT FUNDING DECISIONS 2019-20

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

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.

5.  Council Projects Fund - Applications

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)(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.

Reports from Strategy and Infrastructure Committee held 23 July 2019

1.  Direct Engagement - Kennedy Park Ablution Block Rebuild

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.  C 1219 Recycling Contract

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

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

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

Reports from Finance Committee held 6 August 2019

1.  PROPERTY SALES

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.  Parking property aquisition

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

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 6 August 2019

1.  Strategic Review of Community Housing

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

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.  Community Housing Operational Policy

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.

Present

Acting Mayor White (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, 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, Chief Financial Officer, Manager Community Strategies, Senior Advisor Policy, Event Manager, Team Leader Governance, Strategic Finance Advisor

Administration

Governance Team

Council resolution

That the apology from Mayor Dalton be accepted.

Council resolution

That the Draft Minutes of the Ordinary meeting held on 28 May 2019 be confirmed as a true and accurate record of the meeting.

Council resolution

That the Draft Minutes of the Extraordinary meeting held on 4 June 2019 be confirmed as a true and accurate record of the meeting.

Council resolution

That the Draft Minutes of the Extraordinary meeting held on 28 June 2019 be confirmed as a true and accurate record of the meeting.

At the meeting

A number of Councillors agreed that it was appropriate for Council to collect a percentage of ticket sales.

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

·         An alcohol ban will be in place for these concerts; this was not the case for the Church Road concert that resulted in a number of complaints.

·         The promoters are currently looking for artists.  Council will address security concerns etc. with the promoter once the artists are confirmed. A Councillor noted the importance of ensuring that the artist is appropriate for the area.

·         Napier is currently limited to five concerts a year due to restrictions at Church Road. Having an alternative venue would allow additional concerts to be held in Napier. 

·         The Chairman of the Napier Old Boys’ Marist Club was present when the promoters were shown the venue. It is likely that the clubrooms would also be used in some manner.

·         The last concert held at Park Island was around nine years ago and was not well attended.

·         There are a number of similar venues around the country being used for concerts. The promoters will be responsible for ensuring that they meet Council’s requirements for use of a public space and a bond will be required to cover the cost of any damage to the grounds/venue.

Council resolution

That Council:

a.     Permit Neptune Entertainment permission to hold two one-day concerts on the Tremain Field from 4:00pm to 10:30pm under section 53(1)(d) and (e) of the Reserves Act 1977 on specific dates yet to be determined.

b.     Approve the Chief Executive to negotiate a fair and competitive fee for the use of Tremain Field. This fee would be a percentage of gross ticket sales. 

c.     Approve a licence for Neptune Entertainment to trade and allow the consumption of alcohol on Tremain Field for the duration of each concert under sections 13.1 and 13.2 of the Napier City Parks and Reserves.

d.     Permit the following areas as a “Specified Public Place” where consumption, possession and bringing of alcohol into is prohibited on the day of the concert (date to be confirmed) from 10:00am to midnight, pursuant to section 147 of the Local Government Act 2002 and the Napier City Council Public Places Liquor Control Bylaw 2014.

e.     Permit the following areas to be designated as “Specified Public Place” are all those public, places, reserves, roads and footpaths on both sides of the road within the area described as;

·      Clyde Jeffery Drive

·      Westminster Avenue ( from Durham Ave to Wharerangi Rd)

At the meeting

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

·         The Remuneration Authority have set out the conditions that need to be met for a childcare allowance to be considered by Council. It was confirmed that any childcare allowance would sit outside the remuneration pool.

·         The new Council will determine how the remuneration pool will be allocated.

·         The current situation means that the Deputy Mayor’s salary is unpaid and remains in the budget.

·         In relation to comments made around a perceived lack of encouragement of elected member diversity, the Team Leader Governance confirmed that a number of Council officers have been involved in general engagement around elections alongside the other Hawke’s Bay Councils, Hawke’s Bay District Health Board, Electoral Commission and a number of government departments. This work and the resulting communications campaign has been specifically targeted at traditionally disengaged groups including non-pākehā and youth.

The following points were raised for consideration by the new Council:

·         The timing of Council meetings should be considered as 3pm does not suit elected members with school aged children and presents another barrier to meeting their commitments as a Councillor.

·         The differential between the Deputy Mayor’s remuneration and that of Chairs and Deputy Chairs should be reconsidered. A Councillor noted that the current allocation of the pool does not accurately reflect the additional duties of the Deputy Mayor.

A Councillor noted that they did not believe the Remuneration Authority had appropriately considered or effectively enabled diversity at the table in making this determination.

Council resolution

That Council:

a.     Adopt the remuneration levels advised by the National Remuneration Authority for the year 2019/20, from 1 July 2019 until the end of the day on which the official result is declared for Napier City Council following the local government election on 12 October 2019

b.     Note the change in how the Authority sets councillor remuneration from 13 October 2019 (or post official result declaration) to a “governance remuneration pool”. The Authority will then consider the councils’ recommendations before determining the remuneration payable to newly elected members.

c.     Note the Remuneration Authority has opened capacity for councils to provide a childcare allowance at their discretion, and specified criteria that must be met whenever payment of this allowance is being considered.

Councillor Tapine voted against the motion

At the meeting

It was noted that the contributory fund will essentially be starting costs only and will not go anywhere near covering the cost of the infrastructure. A Councillor advised that the difference in the funds required for Napier beaches compared to Hastings beaches is due to the difference in cause and solutions required.

In response to a question around insurance risk for Napier, it was noted that insurance companies are taking a risk based approach and are looking at coastal erosion specifically in terms of underwriting.

Council resolution

That Council:

a.     Adopt the draft minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 31 May 2019.

b.     Note the additional summary provided of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 31 May 2019.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a.     Adopt the draft minutes of the Omarunui Refuse Landfill Joint Committee meeting which was held on 21 June 2019.

At the meeting

It was noted that Peter Eden has replaced George Reti on the Māori Consultative Committee and that Barry Wilson attended the meeting by invitation from the Chair.

Council resolution

That the Māori Consultative Committee Minutes be received.

At the meeting

There was no discussion on this item.

Council resolution

That the Strategy and Infrastructure Committee:

a.     Endorse ‘in principle’ the agreed framework that the specific workstreams will follow in the review of the District Plan.

At the meeting

A number of Councillors noted that until Council is able to meet the demand for leased parking they would be uncomfortable with implementing a charge on current two hour free parking spaces.

Council officers advised in response that this decision had already been made by Council. The Strategy allows Council to identify and develop specific sites that would be suitable for parking. A strategy is required for this purpose particularly if Council intends to use the Public Works Act to acquire the land. The Strategy identifies the fundamental priorities for parking and enables Council to facilitate more efficient use of carparking in the City.

A Councillor reiterated that the feasibility of the Dickens Street West site should be assessed as an alternative option when considering an additional parking deck at Tiffen Street carpark, following comments made at the Strategy and Infrastructure Committee meeting.

Council resolution

That the Strategy and Infrastructure Committee:

a.     Adopt the Napier Parking Strategy for the CBD & Taradale and Acquisition Guidance Report.

Councillors Brosnan and McGrath voted against the motion

At the meeting

There was no discussion on this item.

At the Regulatory Committee meeting held on Tuesday, 11 June 2019 the following  committee recommendation was ratified as a DECISION OF COUNCIL.

That Council:

a.     Receive the submissions on the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal.

b.     Adopt the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal as notified.

At the meeting

There was no discussion on this item.

Council resolution

That the Regulatory Committee:

a.     Approve in principle, the granting of a Licence to Occupy to Margaret Carolyn Habib for a term of 3 years, subject to the s.54(1)(d) Reserves Act 1977 process being successfully completed.

At the meeting

There was no discussion on this item.

Council resolution

The Audit and Risk Committee:

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 Risk Report Dated 11 June 2019

At the meeting

There was no discussion on this item.

Council resolution

Committee's recommendation

The Audit and Risk Committee:

a.     Receive the Health and Safety report as at 31 May 2019.

At the meeting

There was no discussion on this item.

Council resolution

The Audit and Risk Committee:

a.     Receive the snapshot report on Napier City Council’s Investment and Debt as at 31 May 2019.

At the meeting

There was no discussion on this item.

Council resolution

The Audit and Risk Committee:

a.     Receive the report from Crowe Horwath titled ‘Sensitive Expenditure Monitoring’.

At the meeting

In response to questions from a Councillor, the Chief Financial Officer advised that in the event of a cyber-attack on Council’s systems Council must have a business continuity plan in place to continue with business as usual. The reference to cyber-attack in the minutes was in relation to an internal audit planned for Council’s business continuity plan.

Council resolution

The Audit and Risk Committee:

a.     Resolve that the internal audit programme for 2019/20 from Crowe Horwath is received and approved

At the meeting

There was no discussion on this item.

Council resolution

The Audit and Risk Committee:

a.     Note the Legislative reviews being undertaken including the Rating review

At the meeting

There was no discussion on this item.

Council resolution

The Audit and Risk Committee:

a.     Receive the Annual Plan 2019/20.

b.     Provide any feedback to Council on the Annual Plan 2019/20 prior to the final adoption on 28 June 2019.

c.     Receive the minutes of the Council meeting held on 4 June 2019. 

At the meeting

A Councillor referenced the recent restructure of the Strategic Māori Advisor/Pou Ārahi role and acknowledged Council’s investment in cultural capacity in this space.

Council resolution

The Finance Committee:

a.     Endorse the Officers recommendation for Council to adopt the Remuneration Policy 2019-22

At the meeting

There was no discussion on this item.

Council resolution

The Finance Committee:

a.     Receive the final Hawke’s Bay Museums Trust Statement of Intent 2019 –2021

At the meeting

There was no discussion on this item.

Council resolution

The Community Services Committee:

a.     Approve the release of the draft Napier Positive Ageing Strategy – Te Rautaki Tipu Ora o Ahuriri for community feedback.

At the meeting

There was no discussion on this item.

Council resolution

The Community Services Committee:

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

At the meeting

In response to questions from Councillors, the following point were clarified:

·         The tender in relation to the drop-in pitch lifter was for maintenance work required.

·         The National Aquarium contract may need to be extended should the business case proceed and the project moves into the next phases.

Council resolution

That Council:

a.     Receive the Report of Tenders Let for the period 13 May – 24 June 2019.

At the meeting

In response to questions from Councillors, it was clarified that there is no mechanism within the resource consent process to deal with vertical evacuation for buildings within tsunami evacuation zones. It was noted that emergency management is not usually considered. Council’s strategic direction to build into the hills would be the best mechanism to address this.

It was requested that any non-complying or contentious activities be advised to the Hearings Committee through the Chair, explaining why resource consent has been granted.

Council resolution

That Council:

a.     Receive the report on Resource Consents issued under delegated authority for the period 14 May – 25 June 2019.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a)     Receive the Report of Documents Executed Under Seal for the period 13 May –     24 June 2019.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a.     Receives the report ‘Official Information Requests’ for the year to 28 June 2019.

Council resolution

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

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.  Citizens' Civic Awards 2019

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.  Project Shapeshifter

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

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 11 June 2019

1.  Art Deco Update

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 Community Services Committee held 25 June 2019

1.  Regional Museum Research and Archives Centre

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.

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

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

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