Meeting Date:

Thursday 12 March 2020

Time:

10am

Venue:

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

Council Members

Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor, Wright

Administrator

Governance Team

Next Council Meeting

Thursday 23 April 2020

Officer’s Recommendation

That Council:

a.     Note the current version of the Local Governance Statement, recognising that it is a live document which will be maintained over the triennium.

i.      Note that the document will be made publicly available via Council’s website, and a copy held at each Library and the Customer Service Centre. 

b.     Confirm the updates to the external appointments in Appendix Three “Governance Structure”

i.      Correction from Hawke’s Bay Sports Council to Sports Hawke’s Bay

ii.     Additional appointment – Howard Estate Advisory Board – Michelle Monteith

iii.    Additional appointment – Pukemokimoki Marae Trust – Cr Hayley Browne 

iv.    Additonal appointment – Te Matau a Maui trust – Barbara Arnott

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Note the Hawke’s Bay Museums Trust Financial Report for the six months ended 31 December 2019.

b.     Adopt the Hawke’s Bay Museums Trust Statement of Intent 2020-22

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Receive the unconfirmed minutes of the Omarunui Refuse Landfill Joint Committee meeting held on 13 December 2019.

b.     Receive the unconfirmed minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 4 February 2020.

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.   Note the actions from previous meetings along with their current status.

Mayor’s Recommendation

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

At the Meeting

The Director Community Services spoke to the report, noting that the proposal has changed significantly from the Indicative Business Case and original consultation. She provided an extensive overview of the process followed to date, outlined the options available to Council and covered the officer’s recommendations as set out in the report.

The Principal Māori Advisor spoke to the Cultural Case, which is included in the Detailed Business Case, and advised that an aquarium based on indigenous knowledge would be a global first. The Cultural Case and Detailed Business Case marry indigenous knowledge with western science for a better understanding of our environment as a whole. He suggested that, should the proposal proceed to the revenue generation stage, that Ngāti Kahungunu post-settlement entities should be approached before pursuing other potential partnerships.

The General Manager for the National Aquarium of New Zealand discussed the changing nature of aquaria, noting that this proposal is an opportunity for Council to be inclusive of our community both regionally and nationally and to do this properly.

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

·     Officers are currently in the process of arranging meetings with the appropriate Ministers. These meetings will need to happen before Council can submit their Provincial Growth Fund (PGF) application.

·     Ngāti Kahungunu have endorsed the proposal and intend to accompany the Mayor to any meetings with Ministers in Wellington, in support.

·     Other partners, such as Hawke’s Bay Regional Council, will be approached through the consultation process. It was noted that there is already visibility around this with other Councils as the proposal sits within the Matariki RDS plan.

·     The projections around tourism numbers have been compiled based on business as usual; it is not possible to forecast any pandemics/ emergencies etc. that may impact visitor numbers. Council officers noted that the visitor numbers are considered to be conservative.

·     The Director Corporate Services spoke to the ongoing operational costs and confirmed that the operating deficit currently sits with Council; however, the Detailed Business Case is a starting point for discussion and there are opportunities to look at depreciation and other ways the deficit could be reduced.

·     A specialist financial modeller has been brought in and has been working through the financials with Terra Moana. The financial model has been a joint effort and provides transparency around costs.

·     The specialist fundraisers who pulled together the strategy and implementation plan (the plan) believe that the project will appeal to investors. The plan states that it will be important to gain the backing of a high net worth individual in order to attract other investors. Officers confirmed that the revenue generation specialists are confident that the project will be able to achieve the target of $40Million.

·     The Principal Māori Advisor confirmed that the compelling Cultural Case is an invitation for Māori to invest both financially and culturally in this facility. Initial discussions have indicated a high likeliness for Māori to invest; however, formal discussion cannot take place until Council is able to present their Detailed Business Case.

·     Government funding has not come through for the second half of the business case yet, and officers have not yet received confirmation whether the application has been approved or not.

·     Without Central Government backing the project will not proceed further and Council will then need to consider options for the facility moving forward.

·     There are limits on what can be approved through the Provincial Growth Fund and officers have been advised that since the proposal is of National significance it will need to go through Cabinet first.

A number of Councillors advised that they were not comfortable proceeding further until the meetings with Ministers had taken place and the extent of Government’s support was known.

Councillors Browne and Mawson left the meeting at 11.10am.

The Chair adjourned the meeting at 11.11am to allow for a short break. Councillors Browne and Mawson returned to the meeting during the break and the meeting reconvened at 11.15am.

Councillor Simpson moved an amended motion, excluding part d. of the officer’s recommendation, seconded by Councillor Browne. Following debate, the motion was lost with Deputy Mayor Brosnan foreshadowing further amendments.

A new substitute motion was moved by Deputy Mayor Brosnan, seconded by Mayor Wise.

The Chair adjourned the meeting at 11.39am for administrative purposes, and reconvened at 11.49am.

The wording of the motion was workshopped during the meeting by Councillors, with a number of Councillors noting that they would ideally like to see a contribution towards ongoing operational costs from Government.

Substitute Motion

Committee's recommendation

That the Sustainable Napier Committee:

a.   Receive the National Aquarium Detailed Business Case.

b.   Receive the National Aquarium and Oceans Centre Concept Design.

c.   Note Council’s view that this project is of National significance and has outgrown Council’s capacity to resource and lead.

d.   Note Council’s support and endorsement for the concept and this facility’s ongoing presence in Napier.

e.   Confirms it will not further the project as set out in the detailed business case without:

·     Government capital support of a minimum of $35Million.

·     a commitment to ongoing operational costs from Government in recognition that the facility is of National significance.

·     the conversations with Government being reported back to Council along with recommendations on the next steps.

f.    Approve the high level Communications and Engagement Plan and commence community engagement following Government endorsement as detailed in part e.

g.   Resolve to apply to the Ministry of Business, Innovation and Employment (MBIE) Provincial Growth Fund (PGF) and other government funds for funding pending meeting with relevant Ministers.

The motion was declared carried by 12 votes to 1 vote. Councillor Tapine voted against the motion.

At the Meeting

Ian MacDonald from the Hawke’s Bay Civil Defence Emergency Management Group (HBCDEM Group) spoke to the report and clarified the following points in response to questions from Councillors:

·     The HBCDEM Group hub is located in Hastings.

·     The HBCDEM Group fulfil an advocacy role in relation to the local territorial authorities respective District Plans and are already working with Council officers in this space.

·     Regarding Coronavirus, the District Health Board (DHB) is the lead agency for any pandemic. The HBCDEM Group’s role is to support the DHB in relation to welfare. Contingencies are being put in place and the HBCDEM Group are currently working on their action plan.

·     The Ministry of Health website provides information for the public in relation to Coronavirus.

Committee's recommendation

The Napier People and Places Committee:

a.     Receive the Hawke’s Bay Civil Defence Emergency Management Group Annual Report 2018/19.

At the Meeting

The Manager Community Strategies and Senior Advisor Policy spoke to the report and provided a brief overview of the process undertaken to date.

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

·     The implementation plan will be developed by the Advisory Group, once established. Council officers expect this to take around 6-12 months. The Advisory Group will need to undertake a priority setting exercise first; however, initiatives have already and will continue to be implemented in the meantime.

·     It is anticipated that each of the priority areas will involve partnerships with appropriate organisations already working in that space. Small project teams will be established for each of the priority areas in order to manage actions.

Committee's recommendation

The Napier People and Places Committee:

a.     Adopt the final Napier Positive Ageing Strategy.

At the Meeting

The Senior Advisor Policy and Manager Community Strategies spoke to the report, noting the annual update is for the 12 months ending 30 June 2019.

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

·     The Safe as Houses programme is run in conjunction with Neighbourhood Support, as well as other agencies including Kāinga Ora and the Police.

·     Neighbourhood Support follow up with individuals interested in joining or starting a neighbourhood support group.

·     The Safer Napier programme is working on projects in response to the increase in assaults/ domestic violence and addiction related harm, as well as supporting others working in these areas.

·     There has been no increase in funding for the Safer Napier programme over the last five years. The organisations Council is working with tend to be the service delivery arm of their agencies and do not have funding to deal with responses. There are also hidden costs to Council i.e. staff resources.

·     There has been representation from mana whenua partners in the past but their involvement has been in connection to projects that aligned with their key areas of focus at the time. Council officers would be interested in working with mana whenua in whatever capacity they wish to be involved.

·     It was noted that officers are aware that the Sophie Elliott Foundation was winding up and were in talks around whether the Police will continue this work. Officers advised that the Police run their own programmes in this space also.

Committee's recommendation

The Napier People and Places Committee:

a.     Note the Safer Napier programme update.

At the Meeting

The Senior Advisor Policy and Virgil Troy of SIL Research spoke to the report noting that the report is a snapshot in time and provides a good baseline which Council can track over time. They confirmed that the results will be made available to colleagues and other key agencies including the DHB, Safer Napier partners and Kāinga Ora.

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

·     Council can keep up with more recent figures through the quarterly surveys.

·     Council officers confirmed that there are a number of measures in place to support Taradale residents and retailers with their current safety concerns, and agreed that it would be beneficial to get a feel for how recent events have impacted the rest of the city also.

·     The question around resident activity is a new question which Council will be able to track over time.

·     Officers noted that they had been surprised by the lack of emergency preparedness, despite increased discussions and awareness around this.

ACTION: Council officers to follow up concerns raised by the deaf community following the public meeting regarding gangs, held in Taradale.

Committee's recommendation

The Napier People and Places Committee:

a.     Receives the Napier Social Monitor report 2019.

At the Meeting

The Building Manager spoke to the report, noting that Council is taking the opportunity to align the ground lease at Meeanee Quay with Council’s other standard leases of reserves.

Committee's recommendation

The Napier People and Places Committee:

a.     Recommend Council agree to enter into a ground lease pursuant to Section 61(2A) of the Reserves Act 1977 with the Trustees of the Hawke’s Bay Volunteer Coastguard Charitable Trust for the land on Meeanee Quay, Westshore, with a legal description of Section 4 SO Plan 10927. The lease term to be ten years with one right of renewal and based on Council’s standard format for ground leases to community groups.

At the Meeting

The Chief Financial Officer spoke to the report, providing a brief overview and outlining the Councillor review process to date.

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

·         The Te Awa Structure Plan was removed in the Long Term Plan 2018-28 as the land was considered to be too expensive to develop. Since then, Council has made a commitment to review the Te Awa Structure Plan and a project manager is on board at present to pull this together. Council currently has funds available to keep up with key works and Councillor workshops are booked in relation to developments in this area.

·         The storm water model was recently completed and the storm water master planning is now underway, network-wide.

·         All monies coming in and going out from the Te Awa Structure Plan are accounted for.

·         The Financial and Development Contributions Reserve will be left with funds allocated specifically for growth development as per the Financial and Development Contribution policy

The Mayor noted her discomfort in relation to removing funds from the Financial Contributions Reserve before modelling for the Te Awa Structure Plan had been completed.

Committee's recommendation

The Prosperous Napier Committee:

a.     Approve the transfer of rates funds of $7,410,078, previously transferred into the Financial Contributions Reserve, back into the Subdivision and Urban Growth Fund.

b.     Transfer the General Reserve No 1 remaining reserve balance of $20,681 as at 30 June 2019 to the Capital Reserve Account.

c.     Approve a change in funding, for the following existing projects to now be funded from the Subdivision and Urban Growth Fund

i.      District Plan Review ($1.2m total)

ii.     Asset Management Transformation Project ($225,000 2019/20 and $1.5m in total)

iii.    Te Awa Development Investigation ($255,500 2019/20)

d.     Approve a change in funding, the following existing projects to now be funded from the Solid Waste Disposal Income Account.

i.      Smoothing impact of Kerbside recycling in 2019/20 and 2020/21 ($1.3m)

The mayor voted against the motion

At the Meeting

The Director Corporate Services spoke to the report and reiterated previous advice to Council that no dividend would be paid for this financial year. It was noted that Councillors attended a briefing earlier in the week at the Hawke’s Bay Airport, giving them a better understanding of the airport business.  

Committee's recommendation

The Prosperous Napier Committee:

a.     Receive the Hawke’s Bay Airport Limited half year report to shareholders, to December 2019.

At the Meeting

The Manager Regulatory Solutions spoke to the report noting an error in the recommendation, that the Building File only fee should be $30.

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

·         Council officers use their discretion in relation to charging in rare instances where the property file does not hold the required information.

·         Previously the public have been able to access the physical file at customer services. This practice was good for the user; however, Council officers consider that access to the hard copy file should be restricted in order to preserve the integrity and quality of the file.

·         The current file fee has been in place since 1 July 2019 and feedback from users is that the fee is too high.

·         For those that do not have access to a computer, the public will be able to request to view the property file using the computers in customer services.

·         The digitising project is currently around 32% complete. The project is tracking well and has been brought in-house to ensure the required quality and turnaround is achieved.

·         Paper copies may be considered on a case by case basis; however, the work involved is the same and charging would still be required.

·         Once the files are digitised, the hard copy files are then tagged and prepared for archiving - bulk archiving will be undertaken. As with most Council official information, there are rules around how property files must be archived.

·         Other Councils have different methods of funding for this service. Council officers advised that they consider the property file service to be a user benefit and should therefore be user pays.

A number of Councillors expressed their preference to expedite the decision in order to reduce the fee as soon as possible. It was agreed that a Decision of Council should be made at the meeting.

Officer’s Recommendation

The Prosperous Napier Committee:

a.     Resolve to amend the fees for digital property files to the following:

Full digital property file                $40

Building File only                         $20

i.      A reduced fee of $15 will be charged if a customer subsequently requests a full digital property file on a property after previously only requesting a Building File.

DECISION OF COUNCIL

At Prosperous Napier Committee 27 February 2020

That Council:

a.     Resolve to amend the fees for digital property files to the following:

Full digital property file              $40

Building File only                       $30

i.      A reduced fee of $15 will be charged if a customer subsequently requests a full digital property file on a property after previously only requesting a Building File.

At the Meeting

A number of Councillors questioned the wording in the following sections of the Council Organisation Appointments and Remuneration Policy:

·         Required Skills and Experience - the use of ‘intellectual ability’

·         Conflicts of Interest - at the ‘pleasure’ of the Council 

ACTION: Officer’s to refine the Policy wording in accordance with the concerns raised by Councillors, and bring the updated Policy back to the next Council meeting for adoption.

Committee's recommendation

Substitute Motion

The Prosperous Napier Committee:

a.     Request Council officer’s to review the required skills and experience criteria and other suggested amendments with regard to wording of the Council Organisation Appointments and Remuneration Policy and bring this back to the next Council meeting for adoption.

Officer’s Recommendation

That Council:

a.     Receive the Tenders Let for the period 7 January – 21 February 2020.

Officer’s Recommendation

That Council:

a.   Resolves to receive the report titled ‘Resource Consents approved 7 January – 21 February 2020’.

Officer’s Recommendation

That Council:

a.     Receive the report for Documents Executed under Seal for the period 7 January – 21 February 2020.

Date

Document

14.01.2020

Consent to Transfer Lessee’s interest held in Leave

23.01.2020

Summerset - Te Awa Easement

28.01.2020

Covenant Instrument to partially revoke land covenant – Fencing Covenant

30.01.20

Easement for sewer main

05.02.2020

Easement in favour of NCC to protect NCC Sewer Main

05.02.2020

Consent to transfer of lessee’s interest 108 Niven Street

05.02.2020

Deed of Covenant Blaise Beach Ltd & NCC

13.02.2020

Easement in Gross 72-86 Geddis Avenue

13.02.2020

Easement in Gross 5 Savage Crescent

17.02.2020

Lease Agreement HB Airport Ltd & Hertz NZ Ltd

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 Committee Public Excluded Minutes - Omarunui Refuse Landfill

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.  Actions From Previous Meetings - Public Excluded Items

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 Prosperous Napier Committee held 27 February 2020

1.  Request for Remission for Special Circumstances

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.  Recommendations for Appointment to the Napier District Licensing Committee

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.

Present

Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Mawson, McGrath, Price, Simpson, Tapine, Taylor, Wright

In Attendance

Chief Executive, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Chief Financial Officer, Manager Business Excellence & Transformation, Team Leader Governance, Senior Maori Advisor, Investment and Funding Manager 

Administration

Governance Team

Council resolution

That the apologies from Councillor Crown be accepted.

Council resolution

That the Draft Minutes of the Ordinary meeting held on 19 December 2019 be confirmed as a true and accurate record of the meeting.

At the meeting

The Chief Executive spoke to the triennial agreement draft stating

·         it sets out how the Hawke’s Bay Region’s Councils interact with each other and also strategic priorities for the region.

·         It aligns with the Matariki Regional Development Strategy.

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

·         This draft has been adopted as is by the Hastings District Council and Central Hawke’s Bay Council.

·         The Mayoral forum is Chaired by Mayor Alex Walker of Central Hawke’s Bay.

·         No achievement reports have been provided to the new Mayoral forum as yet.

·         The lead for the three waters review is through Napier City Council.

Council resolution

That Council:

a.     Adopt the draft 2019-2022 Triennial Agreement and provide feedback where necessary. 

At the meeting

The Team Leader Governance spoke to the report noting Council must adopt Standing Orders each triennium. LGNZ can make changes to their template, and most Councils adopt the template as is, or with a few minor amendments.

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

·         The Chair of a meeting can suspend relevant Standing Orders to allow for extra public speakers, or to extend speaking time.

·         It is reasonable for there to be one clear working days’ notice of public speakers at a Council meeting to allow for the logistics of including them in the agenda, however this is at the discretion of the presiding Member.

·         Recording Councillors voting for and against a motion, and abstentions, removes the appearance in the written records that a vote was unanimous. It also aligns with the audio and visual recordings.

·         A casting vote is a tie-breaker vote to be used by the Presiding Member when the for and against votes on a motion are equal. If it is decided a casting vote should not be used for a particular decision, the applicable standing order can be suspended for that decision by the Presiding Member.

·         An Elected Member must vote if the option to abstain is removed. If an equality of votes occurs, the status quo will remain.

·         Communities want decisions to be made; abstaining from a vote should only be used very carefully.

Officer’s Recommendation

That Council:

a.     Confirm its position with regard to Standing Order 19.3 Casting Vote

b.     Adopt the 2019-2022 Standing Orders, noting the following departures from the 2019 Local Government New Zealand model template:

i.      Standing Order 9.10:

The chief executive must send the agenda to every member of a meeting at least seven clear working days before the day of the meeting, except in the case of a Hearing of a Tender (for which an agenda must be circulated to the panel at least two clear working days in advance), an extraordinary meeting or an emergency meeting (see Standing Orders 8.4 and 8.10).

ii.     Standing Order 15.1:

A period of up to 45 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting….

Speakers can speak for up to 10 minutes, with a further 5 minutes allowed for questions from elected members.  No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 3 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.

iii.    Standing Order 16.1:

Speakers can speak for up to 10 minutes…

iv.    Standing Order 19.6:

When a division is called, the chief executive (or their delegate) must record the names of the members voting for and against the motion and abstentions and provide the names to the Chairperson to declare the result…

v.     Standing Order 19.6:

Where a member or members have abstained or voted against a carried motion, the vote(s) or abstention will be immediately recorded for the accuracy of the record…

vi.    Standing Order 22.1

… Option C applies unless, on the recommendation of the chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either Option A or Option B for the meeting generally, or for any specified items on the agenda.

Council resolution

Substitute Motion

That Council:

a.     Confirm its position with regard to Standing Order 19.3 Casting Vote, that being:

The Mayor, Chairperson or any other person presiding at a Council meeting has a deliberative vote, and in the case of an equality of votes, has a casting vote.

A casting vote is not applicable at standing committees.

b.     Adopt the 2019-2022 Standing Orders, noting the following departures from the 2019 Local Government New Zealand model template:

i.      Standing Order 9.10:

The chief executive must send the agenda to every member of a meeting at least seven clear days before the day of the meeting, except in the case of a Hearing of a Tender (for which an agenda must be circulated to the panel at least two clear working days in advance), an extraordinary meeting or an emergency meeting (see Standing Orders 8.4 and 8.10).

ii.     Standing Order 15.1:

A period of up to 45 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting….

Speakers can speak for up to 10 minutes, with a further 5 minutes allowed for questions from elected members.  No more than two speakers can speak on behalf of an organisation during a public forum, unless otherwise decided by the meeting. Where the number of speakers presenting in the public forum exceeds 3 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.

iii.    Standing Order 16.1:

Speakers can speak for up to 10 minutes, or longer at the discretion of the Chairperson. No more than two speakers can speak on behalf of an organisation’s deputation, unless otherwise decided by the meeting.

iv.    Standing Order 19.6:

When a division is called, the chief executive (or their delegate) must record the names of the members voting for and against the motion and abstentions and provide the names to the Chairperson to declare the result…

v.     Standing Order 19.6:

Where a member or members have abstained or voted against a carried motion, the vote(s) or abstention will be immediately recorded for the accuracy of the record…

vi.    Standing Order 22.1

… Option C applies unless, on the recommendation of the chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either Option A or Option B for the meeting generally, or for any specified items on the agenda.

vii.    Standing Order 17.2

A petitioner who presents a petition to the local authority…may speak for 10 minutes (excluding questions) about the petition, unless the meeting resolves otherwise.

viii.   Standing Order 21.2(a)

Movers of motions when speaking to the motion – not more than 10 minutes

ix.    Standing Orders 15.2 and 16.2

Typographical corrections – replacing the ‘and’ in the bullet lists with ‘or’

At the meeting

The Team Leader Governance spoke to the report noting Council must adopt a Code of Conduct each triennium for the Elected Members. LGNZ provide a template. A Code of Conduct is a document created by Elected Members to guide how Elected Members should interact with each other, Council staff, the public and the media. It also outlines the process required if an Elected Member acts outside of the Code of Conduct. Equip has a list of independent investigators for these situations to be used in the 2019 -2022 triennium.

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

·         Councillors can express personal opinions where they are different from decisions of Council as long as they do it in appropriate manner and still uphold the final decision of Council.

·         Public complaints about an Elected Member is a separate process. 

Council resolution

That Council:

a.     Adopt the 2019-2022 Elected Members’ Code of Conduct

At the meeting

The Team Leader Governance spoke to the report noting the redesign of the city flag is correcting a legacy issue rather than designing a new flag, and it will enable the public to be able to purchase a flag for display if they choose to.

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

·         A bulk order of flags could be made to reduce the cost of a city flag for the public.

·         The draft flag’s components are a slightly different design to those on the coat of arms. But it is possible to get these redrawn.

·         The components on the design comply with the rules of heraldic practice.

·         The design is for a city flag, the Napier City Council has a flag of its own which complies with its branding.

·         The city flag was flown at the Civic building every day and it is probable that this will occur once a new location for Council is established. It would also be flown at notable occasions, for example when someone of significance to Napier passes away or at a significant city event.

·         A flagpole up to 12 metres can be erected in a residential area without a consent.

ACTION: Ensure golden fleece design is true to the original Coat of Arms drawings.

Council resolution

That Council:

a.     Adopt the correct formal flag for Napier City

b.     Direct officers to lodge the Napier City heraldic flag design with an appropriate flag maker for future production as required.

At the meeting

The Team Leader Governance spoke to the report noting this is to update and replace some old policies

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

·         The public will need to seek the consent of Council to use the city flag.

·         A preauthorisation at a flag makers could be investigated. If this was done Council could request the flag maker give directions for the City flag’s use with a purchase; alternatively there could be a policy change so flags are purchased through Council rather than a flag maker.

·         The use of the flag artwork on other mediums can be considered as the need arises.

·         Founders Day could be an appropriate day to use the City flag.

ACTION: Investigate option for Council to purchase a number of Napier City (heraldic) flags to manage cost to members of the public and the authorisation process. Bring back to Council for possible amendment to policy clauses 31 and 32.

Council resolution

That Council:

a.     Adopt the Emblem and Ensign Policy, noting that this updates and replaces

i.      Napier City Council Logo and Coat of Arms Policy 2003

ii.     Flying of NZ & City Flags Policy 1987

At the meeting

The Chief Financial Officer spoke to the report noting step one of the Council’s Revenue and Financing policy is ready to be adopted which will allow step two to commence.

Council resolution

That Council:

a.     Adopt the step one analysis for the Council activities as set out in the ‘Activity Summary for step one’ schedule.

At the meeting

Councillor Browne left the room at 12.28pm

The Investment and Funding Manager spoke to the report noting NCBI aims to make sure the Napier CBD is welcoming and inviting. In order to maintain this service NCBI need to increase their members CBD promotional levy. NCBI are seeking permission to consult directly with affected parties in regards to this rather than the Council performing that task.

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

·         75% of members present at a meeting are required to authorise the change.

·         NCBI have gone through a robust process with an independent company to gather contact details for all members.

·         NCBI can give feedback as to the outcome of the vote, but there will also be Council representation at the meeting. Council staff would also be welcome.

·         The consultation will be with the members within the current membership base.

·         Council staff have been consulted about the correct process for this as there is no written process for this. NCBI are trying to do things fairly, but are happy to have extra oversight by Council if required.

Council resolution

That Council:

a.     Approve the consultation process proposed by Napier City Business Incorporated as part of their funding review.

At the meeting

Councillor Browne returned to the room 12.38pm

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

·         Councillors can have input into what Sean Bevan focuses on in his presentation to Council. This input can be relayed through the Deputy Mayor as this sits within her portfolio.

·         As actions in the table are reported as completed they will be removed from the actions table.

Council resolution

That Council:

a.     Note the actions from previous meetings along with their current status.

At the meeting

There were no Tenders Let for the period.

Council resolution

That Council:

a.     Note that there were no Tenders Let under delegated authority for the period 5 December 2019 – 6 January 2020.

At the meeting

There were no Documents Executed under Seal for the period.

Council resolution

That Council:

a.    Note that there were no Documents Executed under Seal for the period 5 December 2019 - 6 January 2020.

At the meeting

There were no questions from Council.

Council resolution

That Council:

a.     Resolves to receive the report titled ‘Resource Consents approved 1 December 2019 – 6 January 2020.

Council resolution

That the public and all staff (excepting the Manager People and Capability for the initial item) 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.  Chief Executive Remuneration 19/20

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

7(2)(g) Maintain legal professional privilege

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

2.  Chief Executive Performance Review Process

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

7(2)(g) Maintain legal professional privilege

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

3.  Chief Executive Contract

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

7(2)(g) Maintain legal professional privilege

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

4.  Actions From Previous Meetings - Public Excluded Items

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.

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

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

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